ORANGE COUNTY VIRGINIA

Transcription

1 ORANGE COUNTY VIRGINIA CODE OF ORDINANCES 112 West Main Street Orange, Virginia

2 Table of Contents 01-Introduction... 1 CHAPTER 1 - GENERAL PROVISIONS... 3 CHAPTER 2 - ADMINISTRATION Article I. - in General Article II. - Authorities, Boards, Committees, Commissions Division 1 - Generally Division 2 - Economic Development Authority Division 3 - Planning Commission Article III. - Financial Matters Division 1. - Generally Division 2 - Fees Division 3. - Cost Reimbursement for Emergency Medical Transport Services CHAPTER 6 - ANIMALS Article I. - in General Article II. - Administration Article III. - Dogs Division 1. - Generally Division 2. - License Tax Division 3. - Rabies Control Division 4. - Running at Large Division 5. - Impoundment Division 6. - Damage by Dogs Division 7. - Dangerous or Vicious Dogs CHAPTER 10 - BUILDINGS AND BUILDING REGULATIONS Article I. - in General Article II. - Building Code Article III. - Smoke Detectors Article IV - Unsafe Buildings, Structures CHAPTER 14 - BUSINESSES Article I. - in General Article II. - Kennels, Pet Shops... 48

3 Article III - Outdoor Festivals Division 1 - Generally Division 2 - Permit Article IV - Precious Metals Division 1 - Generally Division 2 - Permit Article V - Cable Communications CHAPTER 18 - CIVIL EMERGENCIES CHAPTER 22 - ELECTIONS CHAPTER 26 - EROSION & SEDIMENT CONTROL CHAPTER 30 - FIRE PREVENTION AND PROTECTION CHAPTER 34 - FLOOD HAZARD REDUCTION DIVISION 1. - GENERALLY DIVISION 2. - PERMIT DIVISION 3. - SPECIAL EXCEPTIONS AND VARIANCES DIVISION 4. - DISTRICT DIVISION 5. - STANDARDS CHAPTER 38 - LAW ENFORCEMENT CHAPTER 42 - OFFENSES CHAPTER 46 - ROADS AND BRIDGES CHAPTER 50 - SOLID WASTE Article I - In General Article II - Collection and Disposal DIVISION 1. - GENERALLY DIVISION 2. - CONTAINERS CHAPTER 54 - SUBDIVISIONS Article I - General Provisions Article II - Administration Article III - Waivers and Appeals Article IV. - Plats and Plans DIVISION 1. - GENERALLY

4 DIVISION 2. - PROCEDURAL REQUIREMENTS BY SURVEY TYPE DIVISION 3. - PROCEDURAL REQUIREMENTS BY SUBDIVISION TYPE DIVISION 4. - PRELIMINARY PLATS DIVISION 5. - FINAL PLATS DIVISION 6. - VACATION OF PLATS Article V. - Subdivision Design Standards DIVISION 1. - GENERALLY DIVISION 2. - LOTS DIVISION 3. - BLOCKS Article VI. - Streets DIVISION 1. - GENERALLY DIVISION 2. - GENERAL STREET DESIGN STANDARDS DIVISION 3. - CURB, GUTTER AND SIDEWALKS Article VII. - Utilities Article VIII. - Hydrogeologic Test Requirements CHAPTER 58 - Taxation Article I - In General Article II - Administration DIVISION 1. - GENERALLY DIVISION 2. - COLLECTION PROCEDURES, INTEREST AND PENALTIES DIVISION 3. - SUPPLEMENTAL ASSESSMENT OF PROPERTY SUBSTANTIALLYCOMPLET. 175 Article III - Exemptions DIVISION 1. - GENERALLY DIVISION 2. - CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES. 177 DIVISION 3. - EXEMPTIONS FOR CERTAIN ELDERLY AND DISABLED PERSONS. 178 Article IV - Consumer Utility Tax Article V - Transient Occupancy Tax Article VI. - Bank Franchise Tax Article VII. - License Tax DIVISION 1. - GENERALLY DIVISION 2. - UTILITY COMPANIES

5 Article VIII. - Land Preservation Assessment Article IX - Food and Beverage Tax CHAPTER 62 - TRAFFIC AND VEHICLES Article I - In General Article II - Motor Vehicle License Fees Article III - Parking Regulations CHAPTER 66 - Utilities SANITARY SEWER SYSTEMS DIVISION 1. - GENERALLY DIVISION 2. - BIOSOLIDS CHAPTER 70 - ZONING Article I - In General Article II - Administration DIVISION 1. - GENERALLY DIVISION 2. - BOARD OF ZONING APPEALS DIVISION 3. - APPEALS FROM DECISION OF BOARD OF SUPERVISORS DIVISION 4. - ZONING PERMIT DIVISION 5. - SPECIAL USE PERMITS DIVISION 6. - SPECIAL EXCEPTIONS DIVISION 7. - CONDITIONAL ZONING DIVISION 8. - AMENDMENTS Article III - Nonconformities Article IV - District Regulations DIVISION 1. - GENERALLY DIVISION 2. - AGRICULTURAL ZONING DISTRICT DIVISION 3. - LIMITED RESIDENTIAL ZONING DISTRICT DIVISION 4. - GENERAL RESIDENTIAL ZONING DISTRICT (R-2) DIVISION 5. - PLANNED RESIDENTIAL ZONING DISTRICT (R-3) DIVISION 6. - MULTIFAMILY RESIDENTIAL ZONING DISTRICT (R-4) DIVISION 7. - LIMITED COMMERCIAL ZONING DISTRICT (C-1) DIVISION 8. - GENERAL COMMERCIAL ZONING DISTRICT (C-2)

6 DIVISION 9. - LIMITED INDUSTRIAL ZONING DISTRICT (I-1) DIVISION GENERAL INDUSTRIAL ZONING DISTRICT (I-2) Article V. - Supplementary District Regulations DIVISION 1. - GENERALLY DIVISION 2. - AIRPORT DIVISION 3. - BUILDING STANDARDS DIVISION 4. - SETBACKS DIVISION 5. - OFF-STREET PARKING AND LOADING DIVISION 6. - SIGNS Article VI - Cluster Housing Development Article VII. - Manufactured Home Parks Article VIII. - Intensive Livestock, Dairy and Poultry Facilities Article IX - Telecommunications Towers and Facilities DIVISION 1. - GENERALLY DIVISION 2. - USE REGULATIONS DIVISION 3. - SPECIAL USE PERMIT PROCESS DIVISION 4. - GENERAL GUIDELINES AND REQUIREMENTS CHAPTER 71-A - AIRPORT ZONING

7 Orange County, Virginia Code of Ordinances CODE ADOPTION ORDINANCE Adopted February 8, 2000 AN ORDINANCE ADOPTING AND ENACTING A CODE FOR THE COUNTY OF ORANGE, VIRGINIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY, VIRGINIA: Section 1. The Code entitled "Code of Ordinances, County of Orange, Virginia" published by Municipal Code Corporation consisting of chapters 1 through 70 and Appendix A, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before February 8, 2000, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding 12 months, or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the County may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate Page 1-08/01/2014

8 the intention of the Board of Supervisors to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. This Ordinance shall be effective April 1, Adopted by a unanimous affirmative vote of the Orange County Board of Supervisors at their regular meeting on the 8th day of February AYES: Slayton, Wallace, Dodson, Wilkinson, Wilson NAYES: none Page 2-08/01/2014

9 CHAPTER 1 - GENERAL PROVISIONS Sec Designation and citation of Code. The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, County of Orange, Virginia," and may be so cited. State law reference Authority to codify ordinances, admissibility of Code as evidence in courts, Code of Virginia, Sec Definitions and rules of construction. In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise: Board of supervisors. The term "board of supervisors" means the board of supervisors of the County of Orange, Virginia. Code. The term "Code" means and refers to this Code of Ordinances, County of Orange, Virginia. Code of Virginia. The term "Code of Virginia" means the Code of Virginia, 1950, as amended, including the latest edition or supplement unless otherwise indicated. Computation of time. Whenever a notice is required to be given, or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, may be counted in computing the time; but when a notice is required to be given, or other act to be done, within a certain time after any event or judgment, that time shall be allowed in addition to the day on which the event or judgment occurred. When the last day for any act to be done falls on a Saturday, Sunday or legal holiday, or any day on which the county offices are closed, the act may be done on the next day that is not a Saturday, Sunday or legal holiday, or day on which the county offices are closed. County. The term "county" shall be construed as if the words "of Orange, Virginia," followed it. Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males. Highway; street. The terms "highway" and "street" include highways, streets, avenues, boulevards, roads, alleys, walkways, lanes, viaducts, bridges and approaches and all Page 3-08/01/2014

10 other public ways in the county and shall mean the entire width between the abutting property lines. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. May. The term "may" is permissive. Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing. A word importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things. Oath. The term "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath. Officers, employees, departments, boards, commissions, agencies. Any reference to an officer, employee, department, board, commission or agency shall be construed as if followed by the words "of the County of Orange, Virginia." Person. The term "person" may extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals. Preceding; following. The terms "preceding" and "following" mean next before and next after, respectively. Shall. The term "shall" is mandatory. State, commonwealth. The term "state" or "commonwealth" means the Commonwealth of Virginia. Swear; sworn. The terms "swear" and "sworn" are equivalent to the terms "affirm" and "affirmed" in all cases in which by law an affirmation may be substituted for an oath. Tense. Words used in the past or present tense include the future as well as the past and present. Year. The term "year" means a calendar year. State law reference Similar provisions, Code of Virginia, Sec Catchlines of sections. The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of Page 4-08/01/2014

11 such sections, or any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. Sec References to chapters, articles, divisions or sections. All references in this Code to chapters, articles, divisions or sections shall be to those chapters, articles, divisions or sections of the Code of Ordinances of the County of Orange, Virginia, unless otherwise specified. Sec History notes. The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the sections. Sec Editor's notes and reference notes. The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code. Sec Code does not affect prior offenses or rights. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. Sec Provisions considered as continuation of existing Code and ordinances. The provisions appearing in this Code, so far as they are the same as those of the ordinances included in this Code, shall be considered as continuations and not as new enactments. Sec Repeal of ordinance does not revive former ordinances. When an ordinance that has repealed another ordinance shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. Page 5-08/01/2014

12 Sec Ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect the following when not in conflict with the Code: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code. (2) Any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Code. (3) Any ordinance or resolution promising or guaranteeing the payment of money or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness or any contract or obligation assumed by the county. (4) Any annual tax levy. (5) Any right or franchise conferred by ordinance or resolution on any person. (6) Any ordinance adopted for purposes which have been consummated. (7) Any ordinance which is temporary, although general in effect, or special, although permanent in effect. (8) Any ordinance relating to the personnel or the compensation of the county's officers or employees. (9) Any ordinance naming, renaming, opening, accepting or vacating streets, alleys, easements or rights-of-way in the county. (10) Any ordinance relating to zoning, rezoning or the zoning map. (11) Any ordinance not in conflict with this Code which: a. Establishes a vehicular speed limit. b. Establishes a one-way street or alley. c. Designates a through street. d. Designates a truck route to be followed by trucks passing through the county. e. Designates intersections at which "stop" or "yield" signs are to be maintained. f. Prohibits, limits or restricts the parking of vehicles in any respect. Page 6-08/01/2014

13 g. Establishes any taxicab stand, bus stop, school zone or other zone relating to vehicular traffic or the stopping, standing or parking of vehicles. h. Directs that any traffic control sign, signal or marking or other traffic control device be installed or maintained. (12) Any ordinance regarding bond or indebtedness. (13) Any ordinance regarding appropriations. (14) Any ordinance accepting or vacating any subdivision plat. (15) Any ordinance regarding improvements and assessments. All such ordinances shall be on file in the county offices. Sec Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in the Code. In the case of repeal of chapters, sections and subsections, or any part, by subsequent ordinances, such repealed portions may be excluded from the Code by their omission from affected reprinted pages. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the board of supervisors to make the addition or amendment a part of this Code, shall be deemed to be incorporated in the Code, so that a reference to the Code shall be understood and intended to include such additions and amendments. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section of the Code of Ordinances, County of Orange, Virginia, is hereby amended to read as follows:." The new provisions shall then be set out in full as enacted. (c) If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, County of Orange, Virginia, is hereby amended by adding a section, to be numbered, which section reads as follows:." The new section shall then be set out in full as enacted. (d) All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number, as the case may be. Sec Supplementation of Code. Page 7-08/01/2014

14 (a) By contract or by county personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the board of supervisors. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the board of supervisors or adopted by initiative and referendum during the period covered by the supplement and all changes made by the supplement in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by their omission from reprinted pages. (c) When preparing a supplement to this Code, the codifier, meaning the person authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions. (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in catchlines, headings and titles. (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers. (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections through." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code. (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec Disposition of fines and costs. (a) All fines and costs collected under the terms of this Code or other county ordinances shall be paid over to the treasurer of the county and credited to the county general revenue fund. Page 8-08/01/2014

15 (b) Costs shall be taxed in prosecution under this Code or other county ordinances in the same amounts and in the same manner as prescribed by law in misdemeanor cases under the Code of Virginia, as amended. Sec Severability of parts of Code. It is the intention of the board of supervisors that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. Sec General penalty; continuing violations; classification of offenses. (a) Whenever in this Code, or in any ordinance of the county or rule or regulation promulgated by an officer, board, commission or agency of the county under authority vested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is made or declared to be unlawful or an offense or a misdemeanor, the violation of any such provision of this Code, ordinance, rule or regulation shall be punished as follows, except as otherwise provided in subsection (b) of this section: (1) Whenever an act or offense, or the failure to do any act, is declared to be a class 1 misdemeanor, such act or offense shall be punished by a fine of not more than $2, or confinement in jail for not more than 12 months, or both such fine and imprisonment. (2) Whenever an act or offense, or the failure to do any act, is declared to be a class 2 misdemeanor, such act or offense shall be punished by a fine of not more than $1, or confinement in jail for not more than six months, or both such fine and imprisonment. (3) Whenever an act or offense, or the failure to do any act, is declared to be a class 3 misdemeanor, such act or offense shall be punished by a fine of not more than $ (4) Whenever an act or offense, or the failure to do any act, is declared to be a class 4 misdemeanor, such act or offense shall be punished by a fine of not more than $ (b) Whenever a provision in this Code or other ordinance of the county prescribes punishment by stating that the act or offense, or the failure to do any act, is a misdemeanor, or that it is punishable as provided for in this section, or no specific Page 9-08/01/2014

16 penalty is provided, the act or offense, or failure to do any act, shall be deemed to be a class 1 misdemeanor. Acts or offenses, or failure to do any act, defined by the various provisions of this Code, for which punishment is prescribed without specification as to the class of the offense, act or failure to act, shall be punished according to the provisions prescribing the punishment; but such penalty shall not exceed the penalty prescribed by general law for the same offense. (c) Except where otherwise provided, each day any violation of this Code, or of any such ordinance, rule or regulation shall continue shall constitute a separate offense. Page 10-08/01/2014

17 CHAPTER 2 - ADMINISTRATION Article I. - in General Secs Reserved. Page 11-08/01/2014

18 Article II. - Authorities, Boards, Committees, Commissions Division 1 - Generally Sec Community development authorities; power to consider petitions for creation. The county hereby elects to assume the power to consider petitions for the creation of community development authorities in accordance with the Virginia Water and Waste Authorities Act. Said petitions shall be filed in accordance with the act and any regulations as established by the Orange County Board of Supervisors. (Ord. of ) Secs Reserved Division 2 - Economic Development Authority Sec Creation Pursuant to the authority contained in Code of Virginia, , there is created a political subdivision of the commonwealth with such corporate and public powers as are set forth in the Industrial Development and Revenue Bond Act, Code of Virginia, et seq., including such powers as may be set forth in that act. (Ord. of , 1) Sec Name. The name of the political subdivision created in this article shall be the Economic Development Authority of the County of Orange, Virginia, which may be referred to as the Economic Development Authority. (Ord. of , 2; Ord. of (1)) Sec Board of directors. (a) The Economic Development Authority shall be governed by a board of seven Page 12-08/01/2014

19 directors to be appointed by the board of supervisors. There shall be one director each from the towns of Orange and Gordonsville and one director each from the five magisterial districts of the county. Each director shall serve for a term of four years and until his successor is duly appointed and qualified. (b) The seven directors initially appointed shall be appointed for terms of four years except for appointments to fill vacancies, which shall be for the unexpired terms. (Ord. of , 3; Ord. of (1)) Secs Reserved. Division 3 - Planning Commission Sec Creation. Pursuant to the provisions of Code of Virginia, , there is hereby created the Orange County Planning Commission in order to promote the orderly development of the county and its environs. In accomplishing the objectives of Code of Virginia, , the planning commission shall serve primarily in an advisory capacity to the board of supervisors. (Ord. of ) Sec Composition; qualification of members; terms of office. (a) Effective April 1, 2010, the planning commission shall consist of five members who shall be appointed for the terms of the office and with such authority as hereinafter provided. (b) One member shall be appointed by the board of supervisors for each election district in the county, each of whom shall be a resident of the district for which they are appointed and qualified by knowledge and experience to make decisions on questions of community growth and development; at least one-half of such members shall be freeholders. The member shall be appointed from each election district 90 days after the supervisor for the corresponding election district takes office. The term of office for commission members shall be four years. The initial terms shall be as follows: District One for an initial term to expire on April 1, District Two for an initial term to expire on April 1, Page 13-08/01/2014

20 District Three for an initial term to expire on April 1, District Four for an initial term to expire on April 1, District Five for an initial term to expire on April 1, (c) One member of the board of supervisors shall be appointed by the board of supervisors to serve as a liaison to the planning commission. The term of this appointment shall be coextensive with the term of office to which the member has been elected or appointed, unless the board of supervisors, at the first regular meeting of each year, appoints another to serve in his place. (Ord. of ; Ord. of ) Sec Powers and duties. (a) The planning commission shall have all the powers and perform all the duties prescribed for local planning commissions in the Code of Virginia, et seq., and other state laws relating to local planning commissions. (b) The commission shall have the power to establish such advisory committee or committees as it deems advisable. (c) The commission, at the direction of the board of supervisors, shall perform any other acts and functions, not inconsistent with this division, which will further the purposes of the commission. (Ord. of ) Sec Compensation. The board of supervisors may provide for compensation to planning commission members for their services, reimbursement for actual expenses, or both. (Ord. of ) Sec Removal. Any member of the planning commission may be removed from office by the board of supervisors in accordance with the provisions of Code of Virginia, (Ord. of ) Page 14-08/01/2014

21 Secs Reserved. Page 15-08/01/2014

22 Article III. - Financial Matters Division 1. - Generally Secs Reserved. Division 2 - Fees Sec Law library fee. In accord with the provisions of Code of Virginia, , the assessment of a fee of $4.00 on each civil action instituted in the courts of the county, to be collected by the clerk of each court at the time such suit is instituted and forwarded by such clerk to the treasurer of the county for the support of the county law library. (Ord. of ) State law reference Authority to assess fee, Code of Virginia, Sec Courthouse, jail fees. (a) Pursuant to the authority granted by Code of Virginia, , there is assessed as part of the fees taxed as costs in all criminal and traffic cases in the general district court of the county and the circuit court of the county a fee of $2.00. (b) The fee shall be collected by the clerk of the court in which the action is filed and shall be submitted to the treasurer of the county who shall hold all such fees subject to disbursement by the board of supervisors for the construction, renovation or maintenance of courthouse or jail and court-related facilities and for defraying increases in the cost of heating, cooling, electricity and ordinary maintenance. (c) This assessment shall be in addition to any other fees prescribed by law. (Ord. of ) State law reference Authority to levy fee for maintenance, renovation and construction of courthouse, jail and court-related facilities, Code of Virginia, Sec Fee for returned checks. (a) Pursuant to the provisions of , VA Code Ann., the county shall charge the maximum fee allowed for the uttering, publishing or passing of any check, draft or order for the payment of taxes or any other sums due the county, which is subsequently Page 16-08/01/2014

23 returned for insufficient funds or because there is no account or because the account has been closed or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft or order by the drawer. (b) All officials and agencies of the county are authorized and directed to act for the county in charging and collecting the fee. (Ord. of , 1, 2; Ord. of (1)) State law reference Fee for checks returned to county for insufficient funds, etc., , VA Code Ann. Sec Security personnel funding fee. There is hereby imposed a fee of $10.00 as a part of the costs in each criminal and traffic case in the Orange County District Court and Orange County Circuit Court in which the defendantis convicted of a violation of any statute or ordinance. Such fee shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer, and be held by the treasurer subject to appropriation by the Orange County Board of Supervisors to the sheriff's office for the funding of courthouse security personnel. (Ord. of (1); Ord. of (1)) Sec Jail processing fee. There is hereby imposed a processing fee of $25.00 on any individual admitted to the Central Virginia Regional Jail following conviction in the Orange County District Court or the Orange County Circuit Court. The fee shall be ordered as a part of court costs collected by the clerk, remitted to the treasurer, and be held by the treasurer subject to appropriation by the Orange Country Board of Supervisors to the sheriff's office to defray the costs of processing arrested persons into the regional jail. (Ord. of (2)) Secs Reserved. Page 17-08/01/2014

24 Division 3. - Cost Reimbursement for Emergency Medical Transport Services Sec Cost reimbursement for ambulance service. (a) Reasonable fees shall be charged for emergency medical transport services provided by the department. The revenue recovery program is intended to pursue reimbursement for EMS emergency ambulance transports by recovering funds that may already be designated for the purpose. (b) The following definitions shall apply to emergency medical transport charges: (1) Basic life support (BLS) means services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT)-Basic. (2) Advanced life support level 1 (ALS-1) means services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. (3) Advanced life support level 2 (ALS-2) means those advanced life support (ALS) services provided to a patient beyond ALS-1 including the following procedures: manual defibrillation/cardioversion, endotrachael intubation, cardiac pacing, chest decompression, surgical airway, intraosseous line and the administration of three or more medications of any kind. (4) Ground transport mile (GTM): Emergency demand zones may be established by resolution of the board of supervisors. Transportation fees shall be assessed per statute mile from the location of the incident scene, or from the center point of the emergency demand zone, if applicable, where an incident scene or address is located, to a hospital or other facility where a patient is transported. (Ord. of ) Sec Fees. (a) Fees for emergency medical transport services shall be charged per patient transport for services rendered and transportation provided. Three types of emergency medical services can be provided, BLS, ALS-1 and ALS-2. The fees for each of these levels of services will be determined by the board of supervisors. (b) Transportation fees shall also be charged per patient. The fee shall be on a per GTM basis, and shall be determined by the board of supervisors. Page 18-08/01/2014

25 (Ord. of ) Sec Billing. (a) A bill will be generated for ambulance transports conducted by all ambulances utilized by Orange County. (b) Patients will fall into one of the following categories for billing purposes: (1) Insured, county resident, county employee or nonresident. The appropriate insurance carrier will be billed. As an insured county resident, any co-pay required by the resident's insurance company shall be deemed to have been paid as part of the resident's payment of personal property and/or real property taxes. As a nonresident county employee, any co-pay required by the said employee's insurance company shall be deemed a benefit of said employee's employment with the county. (2) Uninsured county residents. The Orange County Compassionate Billing Policy provides for waiver of emergency transport fees for eligible uninsured county residents. A statement showing zero balance will be sent to any uninsured county resident qualifying for such waiver. (3) Uninsured county employees. Orange County's Compassionate Billing Policy will provide for uninsured county employees to receive a waiver of emergency medical transport fees. (4) Uninsured nonresidents. A bill will be sent to the patient transported. (5) Bill generated/no collection. There are instances when a bill is generated in which the county would be merely transferring funds from one department's budget to another to satisfy the bill. For example, when an inmate of the regional jail is transported, the sheriff's department is responsible for the bill. The billing contractor will update its records to reflect such adjustment. For accounting purposes, inter-departmental transfers (IDT's) will not be required when an internal bill is generated. However, designated personnel will notify the county's billing contractor that the bill generated is internal to the county in those circumstances to ensure proper record keeping. [Note: The Commonwealth of Virginia would be billed for transports of state inmates in the judicial system.] (6) Contractual write offs. The bills that Medicaid, Medicare, and insurance companies pay on behalf of an insured individual are sometimes adjusted to pay only a portion of the billed amount. This adjustment referred to here as a "contractual write off" is usually due to the laws governing the payment amount or through agreements between the insurance companies and billing entity. The contractual write offs are not considered unpaid balances, and will not be billed Page 19-08/01/2014

26 to patients. (7) Reciprocal agreements. The county administrator is authorized to enter into reciprocal agreements with other localities that have compassionate billing policies for emergency transport fees. (Ord. of ) Sec Compassionate billing policy. A compassionate billing policy will be adopted by the board of supervisors to provide relief for those individuals that can demonstrate financial hardship affecting their ability to pay fees imposed by this article. Such policy will also address the collection of fees imposed pursuant to this article that remain chronically unpaid. (Ord. of ) Sec Billing and collections. Billing and collection services will be provided by a billing contractor. No county personnel will accept or receive payment on behalf of a patient. Any inquiries regarding billing or collection procedure will be referred to the billing contractor, or to designated personnel of Orange County Fire and Emergency Medical Services department. (Ord. of ) Page 20-08/01/2014

27 CHAPTER 6 - ANIMALS Article I. - in General Sec Adoption of state comprehensive animal laws. The provisions of Code of Virginia, et seq., are adopted and made a part of this chapter as fully as though set forth in this section. (Ord. of ) Sec Lawful fence. (a) The boundary line of each lot or tract of land or any stream in the county shall be a lawful fence as to any horses, mules, cattle, hogs, sheep or goats. (b) It shall be unlawful for any person who is the owner or manager of any horse, mule, cattle, hog, sheep or goat, to permit any such animal to run at large within the boundaries of the county; and such animal shall be deemed to be running at large while roaming or running off the property, whether owned or rented, of its owner or custodian, and not under their owner's or manager's immediate control. (c) Any such owner or manager who, after having been notified by an officer of the law that such animal is running at large, permits such animal to continue to run at large, shall be deemed to have committed a class 4 misdemeanor and shall be subject to the maximum fine allowed pursuant to Va. Code Each animal deemed running at large shall be considered a separate violation of this section. (Ord. of ; Ord. 0f ) Sec Ordinance effective within corporate limits of towns. (a) The ordinance providing for the joint exercise of powers by the county, the Town of Orange, and the Town of Gordonsville relative to the regulation of dogs adopted by the agreement between the county, the Town of Orange, and the Town of Gordonsville dated January 10, 1978, on the same subject, shall remain in full force and effect and shall be enforced within the corporate limits of the Town of Orange and the Town of Gordonsville pursuant to the provisions of such ordinance and agreement. (b) The county enters into an agreement with the Towns of Orange and Gordonsville as allowed by Code of Virginia, , to provide for the joint exercise of powers by the three political subdivisions relative to the application of the county laws within the boundaries of the incorporated towns and to authorize the county animal control officer Page 21-10/09/2018

28 to enforce the county and state laws within the boundaries of the incorporated towns and to authorize the treasurer of the county to collect dog license fees within the boundaries of the incorporated towns. (c) The chair and the clerk of the board of supervisors are authorized and directed to execute and deliver on behalf of the county and to affix the county seal to the joint agreement carrying out the provisions of this section. (Ord. of ) Sec Penalties for violation. Any person violating this chapter shall be punished in accordance with the terms of this chapter and if not otherwise provided, in accordance with the provisions of Code of Virginia, , , , and , which sections are adopted by reference and made a part of this chapter as if fully set forth in this section. (Ord. of ) State law reference Code of Virginia, (Unlawful acts; penalties), (Offenses involving animals, class 1 misdemeanors), (Offenses involving animals - class 3 misdemeanors), (Offenses involving animals - class 4 misdemeanors) and (Unauthorized release of animals; penalty). Secs Reserved. Page 22-08/01/2014

29 Article II. - Administration Secs Reserved. Sec Animal Control Officer Position created. Pursuant to the provisions of Code of Virginia, , the responsibility for the enforcement of the comprehensive animal laws and of this chapter shall be vested in an animal control officer appointed by the board of supervisors and in such deputy animal control officer as the board of supervisors may appoint. (Ord. of , 4; Ord. of ) Secs Reserved. Page 23-08/01/2014

30 Article III. - Dogs Division 1. - Generally Sec Disposal of dead dogs. The owner of any dog which has died from disease or other cause shall forthwith cremate or bury and dispose of the dog. If after notice any owner fails to do so, the animal control officer or other officer shall bury or cremate the dog; and he may recover on behalf of the county from the owner the cost of his service. (Ord. of ) Secs Reserved. Division 2. - License Tax Sec Unlicensed dogs prohibited. It shall be unlawful for any person to own a dog four months or older unless such dog is licensed as required by the provisions of Code of Virginia, , and this division. Any person violating this section shall be guilty of a class 4 misdemeanor and, upon their first offense of this section, shall pay a fine of $ (Ord. of ) Sec How to obtain license. Dogs shall be licensed as provided by Code of Virginia, , by reference, which section is adopted and made a part of this chapter by reference as fully as though set forth at length in this section. (Ord. of ) Sec Amount of license tax. (a) Pursuant to the authority of Code of Virginia, , any person licensing a dog in the county shall pay a one-time license tax on the ownership of the dog in the amount of ten dollars ($10.00). Page 24-09/12/2017

31 (b) No license tax shall be levied on a guide dog for a blind person, service dog or dogs under four months of age. (Ord. of 09/12/2017) Sec Kennel license tax. The tax for a licensed kennel as defined in section 14-31, shall be according to the following schedule: 1 10 dogs...$ dogs dogs Over 30 dogs (Ord. of ) Sec When license tax payable. The license tax imposed by this division shall be payable to the treasurer of the county, as required by Code of Virginia, , which section is adopted and made a part of this chapter as fully as though set forth at length in this section. (Ord. of ) Page 25-09/12/2017

32 (Ord. of ) Sec Effect of dog not wearing collar as evidence. Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed and a stray; and in any proceedings under this division, the burden of proof of the fact that such dog has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog. (Ord. of ) Sec What dog license shall consist of. The county dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license, the sex of the dog and the calendar year for which issued, and shall bear a serial number. (Ord. of ) Sec Duplicate license tags. Duplicate license tags shall be obtained by the owner of a dog as provided by Code of Virginia, , which section is adopted by reference and made a part of this chapter as if fully set forth in this section. (Ord. of ) Sec Displaying receipts; dogs to wear tags. Dog license receipts shall be displayed and dog license tags shall be worn as required by Code of Virginia, (Ord. of ) Secs Reserved. Page 26-08/01/2014

33 Division 3. - Rabies Control Sec Rabies vaccination required for companion animals. It shall be unlawful for any person to own a dog or cat, age four months or older, unless such dog or cat has been inoculated or vaccinated against rabies by a duly licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises. No license tags shall be issued for any dog unless there is presented to the treasurer or other officer of the locality, at the time application for license, satisfactory evidence, that such dog has been inoculated or vaccinated against rabies by a duly licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises, and that such inoculation or vaccination remains valid for the time application for license is made. Any person violating this section shall be guilty of a class 4 misdemeanor and, upon their first offense of this section, shall pay a fine of $ (Ord. of ; Ord. of (2)) Sec Rabies clinic authorized. The board of supervisors finding that the number of resident veterinarians is inadequate to meet the need, the county health department shall provide a rabies clinic at least once per year. (Ord. of ) Sec Quarantine authorized. When the board of supervisors finds that there is sufficient reason to believe that a rabid animal is at large, the board shall have the power to pass an emergency ordinance requiring all owners of all dogs in the county to keep the dogs confined on their premises, and may further adopt such ordinances, regulations or other measures as it may deem reasonably necessary to prevent the spread within the county of the disease of rabies. (Ord. of ) Secs Reserved. Page 27-08/01/2014

34 Division 4. - Running at Large Sec Running At Large Prohibited. (a) The running at large of dogs within the entire county, not incorporated, is prohibited beginning in July 1, For the purpose of this division, a dog shall be deemed to be running at large while roaming, running or self-hunting off the property of its owner or custodian and not under the owner's or custodians' immediate control. After having been notified by any animal control officer or other officer of the law that any dog in the possession or control of the owner or custodian is running at large, such owner or custodian of any dog or dogs thereafter found running at large in the county shall be in violation of this section. (b) The running at large of dogs within the incorporated limits of any town in the county is prohibited during such periods of time as may be designated from time to time by ordinance of the appropriate town council. (c) This section shall not apply to any person or persons while engaging in the following activities: (1) Lawful hunting with a dog or dogs; (2) Law enforcement or search and rescue activity; (3) A supervised formal obedience training class or show; (4) Formally sanctioned field trials; or (5) Bona fide hunting or field trial dog training. (d) A violation of this section shall constitute a class 4 misdemeanor for the first offense and the owner or custodian of the dog shall pay a fine of $50.00; however, if the dog is subsequently determined to be a dangerous or vicious dog, a violation of this section shall constitute a class 1 misdemeanor. (e) A second violation of this section within one year of a conviction of the first violation shall constitute a class 2 misdemeanor; provided, however, if the dog is subsequently determined to be a dangerous or vicious dog, a violation of this section shall constitute a class 1 misdemeanor. (f) A third or subsequent violation of this section within two years of conviction of the second or subsequent violation shall constitute a class 1 misdemeanor. (Ord. of ) Page 28-08/01/2014

35 Sec Enforcement of town ordinances by county. The running at large of dogs within the incorporated limits of any town in the county is prohibited during such periods of time as may be designated by ordinance of the appropriate town council; however, should the appropriate town council by ordinance prohibit the running at large of dogs within the limits of the incorporated town, the town shall reimburse the county for the cost of enforcing this provision within the limits of the incorporated town during the time the town council ordinance is in effect, the amount of such reimbursement to be determined by agreement of the town and the county; however, should the town and the county not be able to agree upon such reimbursement, the amount of such reimbursement shall be established by a panel of three impartial arbitrators, one to be selected by the town, one to be selected by the county and the third to be selected by the two so selected. Such reimbursement shall be established prior to the enforcement of this section by the county within the town. (Ord. of ) Sec Reserved. Sec Unlicensed dogs prohibited. The running at large of dogs not duly licensed and displaying tags pursuant to the provisions of this article is prohibited. (Ord. of ) Sec Reserved. Sec Dogs required to be kept restrained or under control in certain areas. All dogs shall be kept restrained or otherwise under control while located in any subdivision or mobile home park in the county. For purposes of this section, the terms "subdivision" and "mobile home park" shall include developments of more than 20 homes or mobile homes, regardless of zoning designation. This section does not apply to dogs located on the property of their owners or of those in whose care the owner has placed the animal. In addition, this section does not apply in the case of any of the exceptions set forth in subsection 6-166(c). (Ord. of ) Page 29-08/01/2014

36 Sec Dogs constituting public nuisance. (a) No owner or custodian shall fail to exercise proper care and control of his or her dog to prevent it from becoming a public nuisance. Acts deemed nuisances shall include but are not limited to the following: (1) Chasing vehicles; (2) Trespassing upon other's property in such a manner as to damage property; (3) Attacking livestock or other domestic, companion, or exotic animals so as to cause injury or death, unless such livestock or animal is trespassing upon the property on which the dog or dogs are kept; or (4) Habitually running at large. (b) Any person owning or having in his or her possession or under his or her control any dog suspected of constituting a nuisance shall be proceeded against by warrant or summoned before the general district court of the county to show cause why such dog should not be confined, euthanized, removed or the nuisance otherwise abated. (c) The animal control officer, owner or custodian shall confine the animal until such time as the court has made a final decision in the case. If the animal control officer deems confinement necessary then the owner or custodian shall be responsible for the impound fees. (d) Upon proof that such dog does constitute a public nuisance, the dog shall, by order of the general district court, be confined, euthanized, removed or the nuisance shall be otherwise abated, as the court shall order. No person shall fail to comply with such an order. For purposes of this section, the court shall not consider euthanizing a dog unless its behavior violates subsection (a)(3) above. (e) Any person whose dog is found violating subsections (a)(3) or (a)(4) of this section shall be guilty of a class 1 misdemeanor. Any person violating any other provision of this section shall be guilty of a class 3 misdemeanor. (f) This section shall not apply to any person while engaged in law enforcement or search and rescue activity; in a supervised formal obedience training class or show; during formally sanctioned field trials; while engaged in lawful hunting with a dog or dogs; or during bona fide hunting or field trial dog training. (g) Enforcement. No person shall be charged with a violation of subsection (a) unless the complainant shall appear before a magistrate and make complaint thereof and request a summons or warrant be issued charging such violation in the manner provided by law; provided that, when a violation is committed in the presence of an animal control officer, the officer may proceed to issue a summons and take other Page 30-08/01/2014

37 action as set forth in this section. (Ord. of ) Secs Reserved. Division 5. - Impoundment Sec County dog pound. The animal control officer shall cause to be maintained a pound or enclosure as required by Code of Virginia, (Ord. of ) Sec Confinement and disposition of dogs. It shall be the duty of the animal control officer to confine and dispose of dogs pursuant to provisions of Code of Virginia, et seq. (Ord. of ) Sec Fees for confinement. The legal owner of any dog seized and confined by the animal control officer shall pay to the animal control officer a charge for the confinement of the dog, the amount of such charge to be in accordance with the fees established by the board of supervisors. All fees received by the animal control officer shall be paid over to the county treasurer. (Ord. of ) Sec Unlicensed dogs. (a) It shall be the duty of the animal control officer, or any other officer, to capture and impound any companion animal found running at large on which the license tax has not been paid. A reasonable effort will be made to find the owner. After five days, if the owner is not found, the animal shall be declared abandoned. If the owner is known, the animal will be held an additional five days. The provisions of Code of Virginia, Page 31-08/01/2014

38 shall apply, where applicable, to the disposition of the dog. Any person, animal control officer or other officer euthanizing a dog under this chapter shall cremate, bury or sanitarily dispose of the dog. Prior to the disposition by euthanasia or otherwise, all of the provisions of Code of Virginia, et seq., shall have been complied with. (b) If the animal control officer or other officer exercises his option to deliver such dog to any person in his jurisdiction who will pay the required license tax and cost on such dog, the person accepting delivery of such dog shall, within five days after such delivery, furnish to the animal control officer evidence of the inoculation and licensing of such dog as required by this article; and the failure to provide such evidence shall be a violation of this article and shall constitute a separate offense. (Ord. of ) Secs Reserved. Division 6. - Damage by Dogs Sec Disposition of funds. The treasurer shall keep all money collected by him for dog licenses in a separate account as part of the general fund; and such funds shall be used for the purposes designated by Code of Virginia, , which section is adopted by reference and made a part of this chapter as if fully set forth in this section. (Ord. of ) Sec Compensation for livestock and poultry killed or injured by dogs. (a) The treasurer of the county shall keep all moneys collected by him for dog license taxes in a separate fund from all other funds collected by him. So long as the fund so maintained does not exceed $3,000.00, such moneys shall be held for the purposes in this division. Any amounts exceeding $3, shall be used for the salary and expenses of the animal control officer and necessary staff and care and maintenance of a dog pound. (b) To the extent that funds are available, any person who has any livestock or poultry killed or injured by any dog not his own, in the county, shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $ Page 32-08/01/2014

39 per animal or $10.00 per fowl, provided that: (1) Within 72 hours of discovery of the death or injury, the claimant gives notice of the incident to the animal control officer. (2) Within 60 days of the discovery of the death or injury, the claimant shall furnish such evidence of the quantity and value of the dead or injured livestock or poultry and the reasons the claimant believes that death or injury was caused by a dog to the board of supervisors. (3) The claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which execution has returned unsatisfied. (c) Upon a determination by the board that a claim meets the criteria set forth in this section for compensation, the board shall approve the same and forward the approval to the treasurer. On the first business day of each fiscal year, the treasurer shall determine the balance of the fund established in this section, and, to the extent that funds are sufficient and available, shall pay all claims approved by the board during the prior fiscal year. If the balance of the fund is insufficient to pay all claims approved by the board during the prior fiscal year, the treasurer shall reduce the amount of such claims in an equal percentage such that each claim is uniformly paid to the extent that funds are actually available. Upon payment under this section, the board shall be surrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the dog and may enforce such compensation in an appropriate action at law. (Ord. of ) Sec Seizure of dogs suspected of killing or injuring livestock or poultry. If the animal control officer has reason to believe that any dog is guilty of killing livestock or poultry, the animal control officer may seize such dog solely for examination to determine if it committed such acts. (Ord. of ) Secs Reserved. Page 33-08/01/2014

40 Division 7. - Dangerous or Vicious Dogs Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous dog means a canine or a canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed such a companion animal: however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog or cat as a result of the attack or bite, (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community. Vicious dog means a canine or canine crossbreed which has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided its owner has been given notice of that finding. (Ord. of ) Sec Summons authorized. Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or Page 34-08/01/2014

41 custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If after hearing the evidence the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the county's ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of the Code of Virginia, The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 ( et seq.) of Chapter 15 of Title The commonwealth shall be required to prove its case beyond a reasonable doubt. (Ord. of ) Sec Determination. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the board of supervisors prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing at the time a crime upon the premises occupied by the animal's owner or custodian; (ii) committing at the time a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog. (Ord. of ) Sec Registration certificate required. The owner of any animal found by a court to be a dangerous dog shall within forty-five days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of $150.00, in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this section shall be updated and renewed for a fee of Page 35-08/01/2014

42 $85.00 and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. (Ord. of Ordinance # PH2.B) Sec Grounds for issuance of certificate. (a) All certificates or renewals required to be obtained under section shall only be issued to persons 18 years of age or older who present satisfactory evidence of the animal's current rabies vaccination, if applicable, and that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals under this section shall not be issued a certificate or renewal unless they present satisfactory evidence that their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property, and the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (b) All certificates or renewals required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence that the animal has been neutered or spayed. (c) All certificates or renewals required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, at a value of at least $100,000.00, that covers animal bites. (d) The owner shall cause the local animal control officer to be promptly notified of: (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety bond; and (vii) the death of the dog. (Ord. of Ordinance # PH2.B) Sec Method of confinement. While on the property of the owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, any animal found to be a dangerous Page 36-08/01/2014

43 dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (Ord. of ) Sec Responsibility of minor's parents. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this division. (Ord. of ) Sec Reserved. Sec Penalty for noncompliance. The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a class 1 misdemeanor and shall be punished accordingly. Additionally, any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury. The provisions of subsections (1) and (2) above shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (Ord. of ) Page 37-08/01/2014

44 Sec Distribution of fees. All fees collected pursuant to this division, less the costs incurred by the animal control officer in producing and distributing the certificates and tags required by this division and fees due to the state veterinarian for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a special dedicated fund in the county treasury for the purpose of paying the expenses of any training course required under Code of Virginia, (Ord. of Ordinance # PH2.B) Page 38-08/01/2014

45 CHAPTER 10 - BUILDINGS AND BUILDING REGULATIONS Article I. - in General Secs Reserved. Page 39-08/01/2014

46 Article II. - Building Code Sec Adoption. There is adopted by reference in the county the Virginia Uniform Statewide Building Code the provisions of which are adopted and shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, and occupancy of all buildings and all other functions which pertain to the installation of systems vital to all buildings and structures and their service equipment as defined by the Virginia Uniform Statewide Building Code, and shall apply to existing and proposed buildings or structures in the county. (Ord. of , 1) Sec Building inspection department. (a) There is established a building inspection department, whose responsibility it is to enforce the provisions of the Virginia Uniform Statewide Building Code. (b) The building official in concurrence with the board of supervisors shall be responsible for the organization and daily operation of the department. The department shall consist of the building official and such other personnel as authorized by the board of supervisors. (Ord. of , 2) Sec Fee schedules. No permit to begin work for new construction or other building operations shall be issued until the fees prescribed in the fee schedule adopted and amended by the board of supervisors shall have been paid. (Ord. of , 3) Sec Establishment of fire districts. For the purpose of control of use and construction of buildings, the building official may establish limiting fire districts in accordance with chapter 3 of the BOCA Basic Building Code; however, before such fire districts shall become effective, their boundaries shall be advertised by the building official at least once a week for two successive weeks in the Orange County Review, and a copy thereof delivered to the clerk of the board of supervisors, the town manager of the Town of Orange, and the mayor of the Town of Page 40-08/01/2014

47 Gordonsville. (Ord. of , 4) Sec Board of survey. (a) The owner of a building or structure or his duly authorized representative who has been served with an unsafe order and notice to make such structure safe, secure or habitable or to take down and remove such structure shall have the right, except in cases of emergency, to demand the appointment of a board of survey if he deems such order to be unnecessary, improper or unreasonable. Such demand shall be in writing delivered to the building official with a statement of reasons for such demand. (b) The board of survey shall be appointed and function in conformance with section 126 of the BOCA Basic Building Code. (c) Compensation for the third member of the board of survey shall be at a rate of $20.00 per hour, to be paid by the appellant. (Ord. of , 5) Sec Board of appeals. (a) The owner of a building or structure or any other person may appeal from a decision of the building official refusing to grant a modification of the provisions of the basic code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure to the board of appeals. Application for appeal may be made when it is claimed that the true intent of the basic code or the rules legally adopted under the code have been incorrectly interpreted, the provisions of the basic code do not fully apply, or an equally good or better form of construction can be used. (b) The board of appeals shall consist of five members appointed by the board of supervisors, each member to be appointed for staggered terms of five years, or until his successor has been appointed. (c) The board of appeals shall be appointed and function in conformance with section 121 of the BOCA Basic Building Code and the administrative amendments. (d) Compensation of the members of the board of appeals shall be as determined by the board of supervisors. (Ord. of , 6) Page 41-08/01/2014

48 Sec Joint operation of building department. (a) The establishment of a building inspection department as specified in section shall be a joint project of the county and the towns of Orange and Gordonsville upon the approval of such joint operation by proper resolution of the councils of such towns. (b) All building permits and other permits necessary to construction in the county, including the incorporated towns, shall be issued by the building department of the county; however, no building permit shall be issued for construction within the town limits of the towns of Orange and Gordonsville unless the applicant secures from the towns and presents to the building official a zoning permit indicating that the proposed construction complies with the zoning and subdivision requirements of the towns. (c) All fees shall be collected by and all expenses borne by the county. (d) A record of permits issued by the building official for construction within the town limits of the towns shall be duplicated and a copy forwarded to the locality in which the construction site is located. (Ord. of , 7) Sec Identification of soils. Prior to the issuance of a building permit for construction of a single-family dwelling, the building official's office shall locate the property and building site on the applicable soils map in the soils survey of the county and identify all soils with significant (high) shrink-swell potential within 1,200 feet of the building site. When this soils check indicates the presence of significant shrink-swell potential soils, the permit applicant shall provide the building official's office with a site-specific soils investigation prepared by a certified soil scientist or geotechnical engineer, or, in the alternative, may presume the presence of significant (high) shrink-swell potential soils at the site. When assumed or when the soils investigation confirms the presence of significant (high) shrink-swell potential soils at the site of the proposed construction, the permit applicant shall provide the building official's office with a footing/foundation plan designed by a licensed professional engineer to overcome the limitations presented by these soils. Footing/foundation plans shall meet or exceed the requirements of the BOCA National Building Code or CABO - One & Two Family Dwelling Code. (Ord. of ) Secs Reserved. Page 42-08/01/2014

49 Article III. - Smoke Detectors Sec Structures or buildings requiring smoke detectors. Smoke detectors shall be installed in the following structures or buildings: (1) Any building containing one or more dwelling units; (2) Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons; and (3) Roominghouses regularly used, offered for or intended to be used to provide overnight sleeping accommodations. (Ord. of , 2) Sec Specifications for smoke detectors. The type and installation of smoke detectors shall be in conformance with the provisions of the Virginia Uniform Statewide Building Code. (Ord. of , 3) Sec Provisions relating to rented units. The owner of any unit which is rented or leased shall, at the beginning of each tenancy and at least annually thereafter, furnish each tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors located in hallways, stairwells and other public or common areas of multiple-family buildings, interim testing, repair and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detectors within five days of receipt of written notice from the tenant that such smoke detector is in need of service, repair or replacement. (Ord. of , 4) Sec Penalty for violation. Any person violating this article shall be guilty of a class 4 misdemeanor and shall be punished in accordance with Code of Virginia, Page 43-08/01/2014

50 (Ord. of , 5) Secs Reserved. Page 44-08/01/2014

51 Article IV - Unsafe Buildings, Structures Sec Responsibility of property owners. The owners of property situated within the county shall, at such times as the board of supervisors, acting by and through its agents, may prescribe, remove, repair or secure any building, wall or other structure which might endanger the public health or safety of other residents of the county. (Ord. of , I) Sec Action by county. If the owner and lienholder of property, after reasonable notice and a reasonable time, fails to remove, repair or secure a building, wall or other structure, the board of supervisors, acting by and through its agents and employees, may remove, repair or secure any such building, wall or other structure which might endanger the public health or safety of other residents of the county. (Ord. of , II) Sec Time limitation on county action. (a) For purposes of this article, reasonable notice includes a written notice mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and published once a week for two successive weeks in a newspaper having general circulation in the county. (b) No action shall be taken by the county to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication. Sec Liability for expenses. If the county, through its agents or employees, removes, repairs or secures any building, wall or other structure after complying with the notice provisions of this article, the cost or expenses shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected. (Ord. of , III) Page 45-08/01/2014

52 Sec Lien. Every charge authorized by this article with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, et seq. and et seq. (Ord. of , IV) Page 46-08/01/2014

53 CHAPTER 14 - BUSINESSES Article I. - in General Secs Reserved. Page 47-08/01/2014

54 Article II. - Kennels, Pet Shops Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Kennel or pet shop means any establishment for the raising, training, boarding or selling of dogs for hire or profit or where more than five dogs are harbored or kept. (Ord. of , 23(B)) Sec License required. It shall be unlawful to operate a kennel or pet shop anywhere in the county without first securing a license. The annual fee for such license shall be as specified in section (Ord. of , 23(A)) Sec Securing of license tag. The owner or custodian of a kennel or pet shop shall securely fasten the license tag required by this article to the kennel enclosure in full view and keep one of the identification plates provided with the tag attached to the collar of each dog authorized to be kept enclosed in the kennel or pet shop. An identification plate not so in use must be kept by the owner or custodian and promptly shown to the animal control officer or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure; but this shall not prohibit removing dogs temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel or pet shop shall not be operated in such a manner as to defraud the county of the license tax applicable to dogs which cannot be legally covered or to, in any manner, violate other provisions of this article. (Ord. of , 23(C)) Sec Conditional use permit required. No part of this article shall be construed as affecting, in any way, the provisions of the county zoning ordinance requiring special use permits for certain types of boarding or commercial breeding kennel. Page 48-08/01/2014

55 (Ord. of , 23) Sec Rabies inoculation or vaccination required. It shall be unlawful for any dog over four months of age to be housed in a kennel or pet shop anywhere in the county unless such dog has been inoculated or vaccinated against rabies by a duly licensed veterinarian and the owner or custodian of such dog is able to present upon request a certificate of such inoculation or vaccination by a duly licensed veterinarian, which certificate remains valid at the time of presentation. No kennel license tags shall be issued unless such valid certification of inoculation or vaccination against rabies is presented to the treasurer at the time application for license is made. The treasurer shall retain in his office the individual license tags for kennel dogs until evidence must be preserved by the owner or custodian for each dog currently housed in the kennel or pet shop and promptly shown to the animal control officer or other officer upon request. (Ord. of , 23) Secs Reserved. Page 49-08/01/2014

56 Article III - Outdoor Festivals Division 1 - Generally Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Musical or entertainment festival or festival means any gathering or group of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces, where the gathering, or the greater part of the gathering, is not accommodated within an enclosed structure. The term shall not include private gatherings where no admission is charged, no donations are requested, and no donations are accepted and where there are no charges or exchanges of money for refreshments, parking or other services provided. (Ord. of , 1) Sec Purpose. This article is enacted for the purpose of providing necessary regulation for the conduct of musical or entertainment festivals conducted in open spaces not within an enclosed structure and of any gathering or group of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure. (Ord. of , 2) Sec Construction of article. The provisions of this article shall be liberally construed in order to effectively carry out its purposes in the interest of the public health, safety and welfare of the citizens and inhabitants of the county. (Ord. of , 3) Sec Time limit on music and entertainment. Music shall not be rendered nor entertainment provided at a festival for more than eight Page 50-08/01/2014

57 hours in any 24-hour period, such period to be measured from the beginning of the first performance at the festival. There shall be no music or entertainment between the hours of 12:00 midnight and 9:00 a.m. (Ord. of , 4) Sec Admission of minors. No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian. The parent or guardian shall remain with such person under the age of 18 years at all times. (Ord. of , 5) Sec Violations. Any person, including the officers and directors of any corporation or entity conducting the festival, who violates any provision of this article shall be guilty of a class 1 misdemeanor as prescribed by state law. The board of supervisors, any law enforcement officer or any private citizen may bring suits or actions in the circuit court of the county to restrain, enjoin or otherwise prevent violation of this article. This article shall not be construed to be exclusive of all rights or remedies available to the board of supervisors but shall be in addition to such rights or remedies. (Ord. of , 15) Secs Reserved. Division 2 - Permit Sec Required. No musical or entertainment festival shall be staged, promoted or conducted in the unincorporated areas of the county unless a special entertainment permit has been obtained in accordance with the provisions of this division. (Ord. of , 6) Page 51-08/01/2014

58 Sec Applicants. The person staging, promoting or conducting the musical or entertainment festival and the owner of the real estate upon which the festival is to be conducted shall jointly make application for the permit and shall be jointly responsible for compliance with the provisions of this article. (Ord. of , 7) Sec Applications. (a) An application for a permit required by this division shall be in writing, on forms provided for the purpose, and filed with the county administrator at least 60 days prior to the date of the proposed festival. Such application shall have attached and made a part of the plans, statements, approvals and other documents required by section A copy of such application shall be promptly mailed by the county administrator to each member of the board of supervisors. (b) An application submitted pursuant to this division shall be accompanied by such fee as is prescribed by the board of supervisors. (Ord. of , 8) Sec Waiver of time period. Notwithstanding the provisions of this division, the county administrator is authorized to waive the 60-day time requirement of section in hardship cases, in which cases the board of supervisors shall take action in granting or denying the permit within ten days after the application is filed. Hardship cases are those cases where a promoter of a festival has, on July 10, 1990, made substantial plans for the festival by securing a site, contracting for entertainment, incurring expenses for advertisement or otherwise financially obligating the promoter. (Ord. of ) Sec Conditions for issuance. Permits required by this division shall not be issued unless the following conditions are met and the following plans, statements and approvals are submitted to the board of supervisors with the applications: (1) A statement by the applicants containing the date and time of the festival, the total number of tickets to be offered for sale and the best reasonable estimate by the Page 52-08/01/2014

59 applicants of the number of persons expected to be in attendance shall be submitted. (2) A statement of the names, addresses, telephone numbers and Social Security numbers of the promoters of the festival shall be submitted. If the promoter is a corporation or other entity, the names, addresses, telephone numbers and Social Security numbers of the officers and directors of the corporation or other entity shall be submitted. (3) A statement providing the location of the festival (with reference to the nearest highway) and the name, address, telephone number and Social Security number of the owner of the property on which the festival is to be held shall be submitted. (4) A plan for adequate sanitation and sewage disposal and for adequate garbage and trash collection and disposal shall be submitted. The plan shall meet the requirements of all state and county statutes, ordinances and regulations and shall be approved by the county health officer. (5) A plan for providing food, water and lodging for persons attending the festival shall be submitted. The plan shall meet the requirements of all state and county statutes, ordinances and regulations and shall be approved by the county health officer. (6) A plan for adequate medical facilities for persons attending the festival, approved by the county health officer, shall be submitted. (7) A plan for adequate traffic control at all junctions with major highways, at the entrances to the festival area and at such other intersections as may be necessary, to be provided and financed by the promoters, shall be approved by the sheriff and shall be submitted. (8) A plan for adequate parking facilities and traffic control in and around the festival area shall be approved by the sheriff and shall be submitted. (9) A plan for adequate fire protection shall be submitted. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the chief of the fire department serving the area. (10) A statement shall be submitted stating whether any outdoor lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located, approved by the supplier of electrical power, shall be submitted. (11) A statement shall be submitted that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating from the property shall be unreasonably audible beyond the property on which the festival is located. Page 53-08/01/2014

60 (Ord. of , 9; Ord. of (1)) Sec Applicant to furnish right of entry. No permit shall be issued pursuant to this division unless the application is accompanied by a document in writing providing to the board of supervisors, to its lawful agents and to law enforcement officers of the county and the commonwealth, permission to go upon the property at any time for the purpose of determining compliance with the provisions of this division and compliance with the statutes, ordinances and regulations of the county and the commonwealth. (Ord. of , 10) Sec Issuance or denial. The board of supervisors shall act on the application filed pursuant to this division not later than 45 days after the date of filing of the application. If granted, the permit shall be issued in writing on a form designed for the purpose and mailed by the county administrator to the applicants at the addresses provided. If the application is denied, the refusal shall be in writing and the reasons for such denial stated and mailed by the county administrator to the applicants at the addresses provided. (Ord. of , 11) Sec Responsibility of property owner. The owner of the property upon which the festival is conducted shall take appropriate steps to ensure that the provisions of this division are complied with by the promoters of the festival and persons attending the festival. (Ord. of , 12) Sec Bond. Applicants for a permit required by this division shall provide to the county a bond in an amount determined by the county administrator for the faithful performance of the provisions of this division. Such bond shall be in the form of cash or certified check. The board of supervisors may waive these requirements and may specify a different type of bond to be provided. (Ord. of , 13) Page 54-08/01/2014

61 Sec Liability for expenses incurred. Applicants for a permit required by this division shall be jointly liable for all expenses incurred by the county and by the law enforcement officers of the county and the commonwealth relating to the conduct of a festival conducted within the county. (Ord. of , 14) Sec Revocation. The board of supervisors shall have the right to revoke any permit issued under this division upon noncompliance with any of the provisions and conditions of the permit or of this article. Secs Reserved. Page 55-08/01/2014

62 Article IV - Precious Metals Division 1 - Generally Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Coin, dealer, gems, precious metals and other applicable terms shall have the meanings specified in Code of Virginia, , which is incorporated in this section by reference. (Ord. of , 1) Sec Records. (a) Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each such purchase shall be retained by the seller for not less than 24 months. These records shall set forth the following: (1) A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or carat of any gem and the price paid for each item; (2) The date and time of receiving the items purchased; and (3) The name, address, age, sex, driver's license number or number from any other government-issued identification, and signature of the seller. (b) The information required by subsection (a) of this section shall appear on each bill of sale for all precious metals and gems purchased by a dealer; and a copy shall be mailed or delivered, within 24 hours of the time of purchase, to the sheriff, or if the purchase was made outside the county, to the chief law enforcement officer of the locality in which the purchase was made. (Ord. of , 2(a), (b)) Page 56-08/01/2014

63 Sec Right of entry of enforcement officers. Every dealer shall admit to his place of business during regular business hours the sheriff or his sworn designee, or any law enforcement official of the state or federal government. The dealer shall permit such law enforcement officer to examine all records required by this article and to examine any article listed in a record which is believed by the officer or official to be missing or stolen and search for and take into possession any article known to him to be missing or known or believed by him to have been stolen. (Ord. of , 2(c)) Sec Credentials required from seller. No dealer shall purchase precious metals or gems without first ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller, and at least one other corroborating means of identification and obtaining a statement of ownership from the seller. (Ord. of , 3) Sec Prohibited purchases. (a) No dealer shall purchase precious metals or gems from any seller who is under the age of 18. (b) No dealer shall purchase precious metals or gems from any seller who the dealer believes or has reason to believe is not the owner of such items unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale. (Ord. of , 4) Sec Dealer to retain purchases. (a) The dealer shall retain all precious metals or gems purchased for a minimum of ten calendar days from the date on which a copy of the bill of sale is received by the sheriff or the chief law enforcement officer of the locality in which the purchase is made. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the county. (b) If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made Page 57-08/01/2014

64 for a period of ten calendar days after receiving such article and precious metals or gems. (Ord. of , 5) Sec Record of disposition. Each dealer shall keep and maintain for at least 24 months an accurate and legible record of the name and address of the person to which he sells any precious metal or gem in its original form after the waiting period required by section This record shall also show the name and address of the seller from whom the dealer purchased such item. (Ord. of , 6) Sec Bond or letter of credit required of dealers when permit obtained. (a) Every dealer shall secure a permit as required by section ; and each dealer at the time of obtaining such permit shall enter into a recognizance to the county, secured by a corporate surety authorized to do business in the commonwealth, in the penal sum of $10,000.00, conditioned upon due observance of the terms of this article. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the commonwealth a letter of credit in favor of the county in the sum of $10,000.00, such letter of credit to be approved by the sheriff. (b) Any such bond or letter of credit furnished to the county shall meet the requirements of Code of Virginia, (c) A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location. (Ord. of , 7) Sec Private action on bond or letter of credit. If any person shall be aggrieved by the misconduct of any dealer who has violated the provisions of this article, he may maintain an action for recovery in any court of proper jurisdiction against such dealer and his surety. Recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer. (Ord. of , 8) Page 58-08/01/2014

65 Sec Exemptions. (a) The sheriff or his designee may waive by written notice implementation of any one or more of the provisions of this article except section for particular numismatic, gem, or antique exhibitions or craft shows sponsored by nonprofit organization, provided that the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions. (b) The provisions of this article shall not apply to the sale or purchase of coins. (c) The provisions of this article shall not apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion. (Ord. of , 10, 12) Sec Penalties; first and subsequent offenses. (a) Any person convicted of violating any of the provisions of this article shall be guilty of a class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense, he shall be guilty of a class 1 misdemeanor. (b) Upon the first conviction by any court of a dealer for violation of any provision of this article, the sheriff may revoke the dealer's permit to engage in business under this article for a period of one full year from the date the conviction becomes final. Such revocation shall be mandatory for two full years from the date the conviction becomes final upon a second conviction. (Ord. of , 11; Ord. of (3)) Secs Reserved. Division 2 - Permit Sec Required. No person shall engage in the activities of a dealer in the county without first obtaining a permit from the sheriff. (Ord. of , 9(a)) Page 59-08/01/2014

66 Sec Method of obtaining. (a) To obtain a permit required by this article, the dealer shall file with the sheriff an application form which shall include: (1) The dealer's full name, any aliases, address, age, date of birth, sex and fingerprints; (2) The name, address and telephone number of the applicant's employer, if any; and (3) The location of the dealer's place of business. (b) Upon filing this application and the payment of an application fee to the treasurer of the county, and providing proof of payment to the sheriff, the dealer shall be issued a permit by the sheriff or his designee, provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this article. (Ord. of , 9(b)) Sec Approval of weighing devices. Before a permit under this article may be issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the sheriff. (Ord. of , 9(c)) Sec Renewal; transferability. (a) A permit under this article shall be valid for one year from the date issued and may be renewed in the same manner as such permit was initially obtained with an annual permit fee. (b) No permit shall be transferable. (Ord. of , 9(d)) Page 60-08/01/2014

67 Sec Permanent location required. If the business of the dealer is not operated without interruption, with Saturdays, Sundays and recognized holidays excepted, the dealer shall notify the sheriff of all closings and reopenings of such business. The business of a dealer shall be conducted only from the fixed and permanent location specified in his application for a permit. (Ord. of , 9(e)) Secs Reserved. Page 61-08/01/2014

68 Article V - Cable Communications Sec Franchise required. It shall be unlawful for any community antenna television system, as defined by Code of Virginia, , to operate within the unincorporated portions of the county without securing a franchise or a certificate of public convenience and necessity as provided in this article. (Ord. of ) Sec Penalty for violation of article. Violation of any provision of this article shall be deemed a class 2 misdemeanor, punishable as specified in section (Ord. of ) Sec Extensions of town systems authorized. Any person holding a franchise for the operation of a community antenna television system within any incorporated town located within the county may operate extensions of such community antenna television systems within the unincorporated portions of the county upon issuance of a certificate of public convenience and necessity as provided in section Any person not holding any such franchise shall operate community antenna television systems within the unincorporated portions of the county only after securing a franchise from the county, as provided by Va. Const., art. VII, 9, and Code of Virginia, (Ord. of ) Sec Issuance of certificates of public convenience and necessity. (a) Certificates of public convenience and necessity for the operation of community antenna television systems within the unincorporated portions of the county, as provided by Code of Virginia, , may be issued by the board of supervisors upon application filed with the county administrator. Before issuing any such certificate of public convenience and necessity, the board of supervisors shall give public notice of its intention to grant such certificate by advertisement in a newspaper having general circulation in the county for two consecutive weeks. (b) The issuance of such certificate shall be subject to this article. Page 62-08/01/2014

69 (Ord. of ) Sec Filing of application; fee. Application for a certificate of public convenience and necessity shall be filed with the county administrator, along with an application fee, such application fee to include the cost of publication as required in this article. Information required on the application shall include the applicant's full name; aliases; address; the name, address and telephone number of the applicant's employer, if any; and the location of the place of business of the applicant. Any false statement made on the application form shall void any certificate issued under this article ab initio. (Ord. of , 1) Sec Term of certificate. A certificate of public convenience and necessity may be issued for such term as the board of supervisors may determine, and upon the expiration of such term may be renewed in the same manner as the initial certificate is obtained. Such certificates, when issued, shall be nonexclusive and nontransferable except with consent of the board of supervisors. (Ord. of , 2) Sec Rules, regulations. The holder of a certificate of public convenience and necessity shall be subject to such rules and regulations as contained in such certificate, or as adopted by the board of supervisors. (Ord. of , 3) Sec Payment by certificate holder. The holder of a certificate of public convenience and necessity shall pay to the county annually the amount of three percent of the annual gross operating revenues taken in and received by it on all retail sales of signals within the unincorporated portions of the county during the year, which fee shall be paid within 90 days after the close of the holder's fiscal year. The term "annual gross operating revenues" means any and all compensation and other consideration derived directly by the holder of any such certificate from subscribers in the unincorporated portions of the county for regularly Page 63-08/01/2014

70 furnished basic CATV service, and shall not include revenues derived from per-program or per-channel charges, leased-channel revenues, advertising revenues, or taxes on services furnished by the grantee imposed directly on any subscriber or user by any town, state or other governmental unit and collected by such holder for such governmental unit. (Ord. of , 4) Sec Bond. Prior to the issuance of a certificate of public convenience and necessity, the applicant shall enter into a bond with corporate surety, to be payable to the county in the penal sum established by the board of supervisors, not to exceed $5,000.00, and conditioned upon due observance of the terms of this article and rules and regulations adopted by the board of supervisors pursuant to this article. In lieu of posting such bond, the applicant may post cash or a letter of credit from a recognized financial institution whose terms are satisfactory to the county attorney. Any person aggrieved by the applicant's violation of the provisions of this article, his certificate, or the rules and regulations adopted by the board of supervisors, who shall recover a final judgment against the applicant, may maintain an action in his own name upon the bond or surety. (Ord. of , 5) Page 64-08/01/2014

71 CHAPTER 18 - CIVIL EMERGENCIES Secs Reserved. Sec Purpose. This division is enacted for the purpose of providing necessary explicit regulations to prevent the unscrupulous business practice of charging exorbitantly for food, fuel, clothing or other commodities, materials, goods, services and resource systems which fall only within the boundaries of the county and do not impact systems affecting other adjoining or other political subdivisions following the declaration of an emergency by the board of supervisors, the governor, or the President. (Ord. of ) Sec Construction. The provisions of this division shall be liberally construed in order to effectively carry out the purposes of this division in the interest of the public health, safety and welfare of the citizens and inhabitants of the county. (Ord. of ) Sec Provisions. (a) It shall be unlawful for any person to charge more than necessary to make the same relative net profit margin on food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of the county and which do not impact systems affecting adjoining or other political subdivisions delivered following the declaration of a local, state or federally declared emergency than was made during the 24-hour period of time prior to the declaration of the emergency. (b) All persons offering food, fuel, clothing and other commodities, materials, goods, services and resource systems for sale, trade or barter in the county and who were not offering food, fuel, clothing and other commodities, materials, goods, services and resource systems in the county prior to the declared emergency must register first with the county office of emergency services before conducting business in the county. (Ord. of ) Page 65-08/01/2014

72 Sec Termination. Following the termination of the emergency by the board of supervisors, the governor or the President, the provisions of this division shall no longer apply. (Ord. of ) Sec Penalties. Any person who shall violate any provision of this division shall be guilty of a class 1 misdemeanor. Page 66-08/01/2014

73 CHAPTER 22 - ELECTIONS Sec Central absentee voter election precinct. In addition to the precincts listed later in this Chapter, there is hereby established a central absentee voting precinct which shall be located on the second floor of the Sedwick Building, 146 Madison Road, Orange, Virginia This precinct shall be used for the tabulation of all ballots cast by absentee voters in all elections. The precinct shall be administered in accordance with all requirements of local, state and federal laws and regulations. (Ord. of ) Secs Reserved. Sec Establishment; magisterial district lines to remain the same as election districts. Representation on the board of supervisors shall be by election districts. Existing magisterial districts in the county and the election boundaries shall remain the same as provided by , VA Code Ann. Page 67-01/12/2016

74 (Ord. of , 3; Ord. of ) Sec Number and name of election districts. The county shall be divided into five election districts as follows: (1) Election district one. (2) Election district two. (3) Election district three. (4) Election district four. (5) Election district five. (Ord. of , 4) Sec Establishment of and names of voting precincts. In each election district there is hereby established the following voting precincts: Election district one: Election district one west precinct Election district one east precinct Election district two: Election district two west precinct Election district two east precinct Election district three: Election district three west precinct Election district three east precinct ;b1; Election district four: Election district four west precinct Election district four east precinct ;b1; Election district five: Page 68-08/01/2014

75 Election district five north precinct Election district five south precinct (Ord. of , 2; Ord. of , 2; Ord. of ; Ord. of ; Ord. of ) Sec Election district populations. The population of each election district established by this article, as determined by the 2011 Decennial Census, is as follows: Election district one: 6730 Election district two: 6665 Election district three: 6602 Election district four: 6621 Election district five: 6862 (Ord. of , 5; Ord. of ) Sec Description of boundaries of precincts. The boundaries of the precincts are as follows: District one west precinct: Beginning at point where James Madison Highway (Route 15) crosses the Rapidan River; thence southerly along James Madison Highway to the present corporate limits of the Town of Orange; thence along the westerly and southerly present corporate limits of the Town of Orange to Constitution Highway (Route 20); thence westerly along Constitution Highway to Dolley Madison Road (Route 675); thence southerly to the East Gate Road; thence southwesterly to the West Gate Road (private); thence southwesterly along West Gate Road to Chicken Mountain Road (Route 639); thence northwesterly on Chicken Mountain Road to Jacksontown Road (Route 655); thence southerly along Jacksontown Road to Blue Ridge Highway (Route 231); thence southeasterly along Blue Ridge Highway to Lovers Lane (Route 646); thence southerly along Lovers Lane to the point it crosses the Orange Louisa County line; thence westerly with the Orange County and Louisa County boundary and the Orange County and Albemarle County line to the Greene County line; thence northerly along the Orange County Page 69-08/01/2014

76 and Greene County boundary to the Rapidan River; thence easterly along the Rapidan River to the beginning. District one east precinct: Beginning at the point where Mountain Run crosses the Orange County and Louisa County boundary; thence northwesterly with Mountain Run to the point it crosses under Cox Mill Road (Route 643); thence northerly along Cox Mill Road to Mountain Track Road (Route 638); thence northwesterly along Mountain Track Road to Old Gordonsville Road (Route 647); thence southwesterly along Old Gordonsville Road to the point it crosses Poorhouse Run; thence northwesterly along Poorhouse Run to the point it crosses under James Madison Highway (Route 15); thence northeasterly along James Madison Highway to the present corporate limits of the Town of Orange; thence along the westerly present corporate limits of the Town of Orange to Constitution Highway (Route 20); thence westerly along Constitution Highway to Dolley Madison Road (Route 675); thence southerly to the East Gate Road; thence southwesterly to the West Gate Road (private); thence southwesterly along West Gate Road to Chicken Mountain Road (Route 639); thence northwesterly on Chicken Mountain Road to Jacksontown Road (Route 655); thence southerly along Jacksontown Road to Blue Ridge Highway (Route 231); thence southeasterly along Blue Ridge Highway to Lovers Lane (Route 646); thence southerly along Lovers Lane to the point it crosses the Orange Louisa County line; thence easterly with the Orange County and Louisa County boundary to the beginning. District two west precinct: Beginning at the point where Mountain Run crosses the Orange County and Louisa County boundary; thence northwesterly with Mountain Run to the point it crosses under Cox Mill Road (Route 643); thence northerly along Cox Mill Road to Mountain Track Road (Route 638); thence northwesterly along Mountain Track Road to Old Gordonsville Road (Route 647); thence northerly along Old Gordonsville Road to the present corporate limits of the Town of Orange; thence along the southerly present corporate limits of the Town of Orange to Constitution Highway to Constitution Highway (Route 20); thence easterly along Constitution Highway to Zachary Taylor Highway (Route 522); thence southerly along Zachary Taylor Highway to the point it crosses the Orange Spotsylvania County line; thence westerly along the Orange Spotsylvania County boundary and the Orange Louisa County boundary to the beginning. District two east precinct: Beginning at the point where Zachary Taylor Highway (Route 522) crosses the Spotsylvania County line; thence northerly along Zachary Taylor Highway to Pine Stake Road (Route 621); thence southeasterly along Pine Stake Road to Constitution Highway (Route 20); thence westerly along Constitution Highway to Page 70-08/01/2014

77 Independence Road (Route 650); thence southerly along Independence Road to Tower Road (Route 624); thence southerly along Tower Road to Horsepen Road (Route 734); thence southerly and easterly along Horsepen Road to the point it crosses over Horsepen Branch; thence southerly with Horsepen Branch to the point it crosses under Sunnyside Road (Route 619); thence easterly along Sunnyside Road to St. Just Road (Route 692); thence northerly along St. Just Road to Mine Run Road (Route 621); thence easterly along Mine Run Road to the point it crosses the Orange Spotsylvania County line; thence southwesterly with the Orange County and Spotsylvania County boundary to the beginning. District three west precinct: Beginning at the point where James Madison Highway (Route 15) crosses the Rapidan River; thence southerly along James Madison Highway to the present corporate limits of the Town of Orange; thence along the westerly and southerly present corporate limits of the Town of Orange to James Madison Highway (Route 15); thence southwesterly along James Madison Highway to the point it crosses over Poorhouse Run; thence southeasterly with Poorhouse Run to the point it crosses under Old Gordonsville Road (Route 647); thence northerly along Old Gordonsville Road to the present corporate limits of the Town of Orange; thence along the southerly present corporate limits of the Town of Orange to Constitution Highway to Constitution Highway (Route 20); thence easterly along Constitution Highway to Mount Sharon Road (Route 600); thence northwesterly along Mount Sharon Road to Rapidan Road (Route 615); thence northerly along Rapidan Road to the point where it crosses the Rapidan River; thence southwesterly along the Rapidan River to the beginning. District three east precinct: Beginning at the point where Rapidan Road (Route 615) crosses the Rapidan River; thence southerly along Rapidan Road to Mount Sharon Road (Route 600); thence southeasterly along Mount Sharon Road to Constitution Highway (Route 20); thence easterly along Constitution Highway to Zachary Taylor Highway (Route 522); thence northerly along Zachary Taylor Highway to Pine Stake Road (Route 621); thence southeasterly along Pine Stake Road to Black Walnut Run Road (Route 602); thence northeasterly along Black Walnut Run Road to Old Office Road (Route 622); thence northerly along Old Office Road to Muster Field Road (Route 672); thence northeasterly along Muster Field Road to Raccoon Ford Road (Route 611); thence northwesterly along Raccoon Ford Road to the point where it crosses Mountain Run; thence northeasterly with Mountain Run to the Rapidan River; thence westerly with the Rapidan River to the beginning. District four west precinct: Beginning at the point where Mine Run Road (Route 621) crosses the Spotsylvania County line; thence westerly along Mine Run Road to St. Just Road Page 71-08/01/2014

78 (Route 692); thence southerly along St. Just Road to Sunnyside Road (Route 619); thence westerly along Sunnyside Road to the point it crosses over Horsepen Branch; thence northerly with Horsepen Branch to the point it crosses under Horsepen Road (Route 734); thence westerly and northerly along Horsepen Road to Tower Road (Route 624); thence northerly along Tower Road to Independence Road (Route 650); thence northerly along Independence Road to Constitution Highway (Route 20); thence easterly along Constitution Highway to Pine Stake Road (Route 621); thence northwesterly along Pine Stake Road to Black Walnut Run Road (Route 602); thence northeasterly along Black Walnut Run Road to Old Office Road (Route 622); thence northerly along Old Office Road to Muster Field Road (Route 672); thence northeasterly along Muster Field Road to Raccoon Ford Road (Route 611); thence northwesterly along Raccoon Ford Road to the point where it crosses Mountain Run;] thence northeasterly with Mountain Run to the Rapidan River; thence easterly with the Rapidan River to Russell Run; thence southwesterly with Russell Run to the point it crosses under Indiantown Road (Route 603); thence southerly along Indiantown Road to Governor Almond Road (Route 614); thence southwesterly along Governor Almond Road to Zoar Road (Route 611); thence southerly along Zoar Road to Gold Dale Road (Route 611); thence southeasterly along Gold Dale Road to Parker Road (Route 611); thence southeasterly along Parker Road to the Orange Spotsylvania County line; thence southwesterly along the Orange Spotsylvania County line to the beginning. District four east precinct: Beginning at the point where Germanna Highway (Route 3) crosses the Spotsylvania County line; thence northeasterly along Wilderness Run to the Rapidan River; thence northwesterly along the Rapidan River to Russell Run; thence southwesterly along Russell Run to the point it crosses under Indiantown Road (Route 603); thence southerly along Indiantown Road to Governor Almond Road (Route 614); thence southwesterly along Governor Almond Road to Zoar Road (Route 611); thence southerly along Zoar Road to Constitution Highway (Route 20); thence easterly along Constitution Highway to Flat Run Road (Route 601); thence northerly along Flat Run Road to Back Gate Lane (private); thence easterly along Back Gate Lane to Lakeview Parkway; thence northeasterly along Lakeview Parkway to Fairfax Lane; thence northwesterly along Fairfax Lane to Yorktown Boulevard; thence northeasterly along Yorktown Boulevard to Liberty Boulevard; thence northeasterly along Liberty Boulevard to Seven Pines Drive; thence northeasterly along Seven Pines Drive to Yorktown Boulevard; thence northeasterly along Yorktown Boulevard to Lakeview Parkway; thence easterly along Lakeview Parkway to the point it crosses over Flat Run; thence northeasterly with Flat Run to the point it crosses under Germanna Highway (Route 3); thence southeasterly along Germanna Highway to the beginning. Page 72-08/01/2014

79 District five south precinct: Beginning at the point where Germanna Highway (Route 3) crosses the Spotsylvania County line; thence southwesterly along the Orange Spotsylvania County line to Parker Road (Route 611); thence northwesterly along Parker Road to Gold Dale Road (Route 611); thence northwesterly along Gold Dale Road to Constitution Highway (Route 20); thence easterly along Constitution Highway to Flat Run Road (Route 601); thence northerly along Flat Run Road to Back Gate Lane (private); thence easterly along Back Gate Lane to Lakeview Parkway; thence easterly and northerly along Lakeview Parkway to Lake of the Woods Way (private); thence easterly along Lake of the Woods Way to Germanna Highway (Route 3); thence southeasterly to the beginning. District five north precinct: Beginning at a point at the intersection of Germanna Highway (Route 3) and Lake of the Woods Way (private); thence westerly along Lake of the Woods Way to Lakeview Parkway; thence southerly and westerly along Lakeview Parkway to Back Gate Lane (private); thence northeasterly along Lakeview Parkway to Fairfax Lane; thence northwesterly along Fairfax Lane to Yorktown Boulevard; thence northeasterly along Yorktown Boulevard to Liberty Boulevard; thence northeasterly along Liberty Boulevard to Seven Pines Drive; thence northeasterly along Seven Pines Drive to Yorktown Boulevard; thence northeasterly along Yorktown Boulevard to Lakeview Parkway; thence easterly along Lakeview Parkway to the point it crosses over Flat Run; thence northeasterly with Flat Run to the point it crosses under Germanna Highway (Route 3); thence southeasterly along Germanna Highway to the beginning. (Ord. of , 4; Ord. of , 6; Ord. of , 3; Ord. of ; Ord. of ) Sec Establishment of polling places. There is hereby established for voting precincts the following polling places: Election district one west precinct Barboursville Fire House, 5251 Spotswood Trail [Route 33], Barboursville, VA Election district one east precinct Gordonsville Fire House, 301 East Baker Street Gordonsville, VA Election district two west precinct Lightfoot Elementary School, Zachary Taylor Highway Page 73-08/01/2014

80 Unionville, Virginia Election district two east precinct Mine Run Fire Department, Old Plank Roade Mine Run, VA Election district three west precinct Prospect Heights Middle School, 202 Dailey Drive Orange, Virginia Election district three east precinct Unionville Elementary School, Zachary Taylor Highwaye Unionville, VA Election district four west precinct Locust Grove Elementary School, Constitution Highway Locust Grove, VA Election district four east precinct Locust Grove Middle School, 6368 Flat Run Road Locust Grove, VA Election district five north precinct Lake of the Woods Community Center, 110 Sweetbriar Park Road Locust Grove, VA Election district five south precinct Lake of the Woods Clubhouse, 205 Lake of the Woods Parkway Locust Grove, VA (Ord. of , 4; Ord. of ; Ord. of ; Ord. of (2); Ord. of ) Sec Notice. Notice shall be given according to law to all registered voters whose precinct or polling place has been changed by the provisions of any ordinance. (Ord. of , 5) Sec Repeal of prior ordinances. All ordinances contrary to the provisions of this article, including the ordinance adopted August 11, 1981, are repealed effective June 1, Page 74-08/01/2014

81 (Ord. of , 6) Sec Number of supervisors. (a) Election. One supervisor shall be elected from each election district created by this article. (b) Terms. Beginning with the election of members of the board of supervisors in November, 2003, two members of the board shall be elected for a term of two years, and three members shall be elected for a term of four years. In all elections thereafter, all successful candidates shall be elected for terms of four years. (Ord. of , 7; Ord. of ) Sec Election districts to constitute school districts. The election districts established by this article shall also constitute school districts as prescribed by Code of Virginia, (Ord. of , 8) Page 75-08/01/2014

82 CHAPTER 26 - EROSION & SEDIMENT CONTROL Secs Reserved. Sec Purpose. This article provides for the effective control of soil erosion, sediment deposition, and nonagricultural runoff within the county in order to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources, and to protect the health, safety and general welfare of the public. Furthermore, this article establishes procedures whereby these requirements shall be administered and enforced. Sec Authority. This article is authorized by the Code of Virginia, Title 62.1, :54 et seq. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the same as certified program administrator (see below). Agreement in lieu of a plan means a contract between the plan-approving authority and the owner which specifies conservation measures which must be implemented in the construction of a single-family residence; this contract may be executed by the planapproving authority in lieu of a formal site plan. Applicant means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land disturbing activities to commence. Board means the Virginia Soil and Water Conservation Board. Certified inspector means an employee or agent of Orange County who holds a certificate of competence from the board in the area of project inspection or is enrolled in the board's training program for project inspection and successfully completes such program within one year after enrollment. Certified plan reviewer means an employee or agent of Orange County designated by the administrator, including the Culpeper Soil and Water Conservation District, who (i) holds a certificate of competence from the Board in the area of plan review; (ii) is enrolled in the Board s training program for plan review and successfully completes such program within one year after enrollment; or (iii) is licensed as a professional engineer, architect, landscape architect or land surveyor pursuant to Code of Virginia, et seq. Page 76-02/24/2015

83 Certified program administrator, program administrator or administrator means an employee or agent of Orange County designated by resolution of the board of supervisors to administer this article, who (i) holds a certificate from the Board in the area of program administration or (ii) is enrolled in the Board s training program for program administration and successfully completes such program within one year after enrollment. County means the County of Orange, Virginia, acting by and through its board of supervisors and its officials, employees and authorized agents. Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain one or more residential dwelling units. District or soil and water conservation district means a political subdivision of the commonwealth organized in accordance with Code of Virginia, Erosion and sediment control plan, conservation plan or plan means a document containing material for the conservation of soil and water resources of a unit or group of units of land, including a written portion known as a narrative and an illustrative portion known as a map. 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 assure that the entire unit or units of land will be so treated to achieve the conservation objectives. Erosion impact area means an area of land not associated with current land disturbing 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. Land disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including but not limited to clearing, grading, excavating, transporting and filling of land, except those activities excluded in Sec Land disturbing permit means a permit issued by the program administrator for the purpose of conducting a land disturbing activity. Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain. Orange County Erosion and Sediment Control Handbook means the Virginia Erosion and Sediment Control Handbook (VESCH), 3 rd edition (1992), as adopted and as amended from time to time thereafter by the Virginia Soil and Water Conservation Board, commonly Page 77-02/24/2015

84 referred to as the "handbook." The provisions of the VESCH, as amended, are incorporated by reference, as if set forth herein verbatim, as the Orange County Erosion and Sediment Control Handbook. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person holding a legal right of ownership of a property. Peak flow rate means the maximum instantaneous flow from a given storm condition at a particular location. Permittee means the person to whom the permit authorizing land disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Permit issuing authority means the director of planning. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, any interstate body, or any other legal entity. Plan-approving authority means the certified program administrator, commonly referred to as the "administrator." Program authority means Orange County, its board of supervisors and its officers, officials, employees and authorized agents, which has adopted a local soil erosion and sediment control program which has been approved by the Board. Responsible land disturber means an individual from the project or development team, who will be in charge of and responsible for carrying out a land disturbing activity covered by an approved plan or agreement in lieu of a plan, who holds a certificate of competence pursuant to the Code of Virginia, :52. Single-family residence means a noncommercial dwelling that is occupied exclusively by one family. Specifications means the written procedures, requirements or plans to control erosion and sedimentation as adopted in this article, and as explained in the handbook. State waters means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction. Water quality volume means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project. Page 78-02/24/2015

85 Sec Application. (a) Except as exempted in Sec , it shall be unlawful for any person to engage in any land disturbing activity until such person has submitted to the administrator an erosion and sediment control plan for such land disturbing activity and the plan has been reviewed and approved by the administrator. Where the land disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the administrator. This agreement shall control and be binding on the owner, as if it were an approved control plan, and shall be enforceable under this chapter as would a control plan. (b) It shall also be unlawful for any person performing any land disturbing activity to willfully fail to conform to the requirements of the erosion and sediment control plan approved for such activity. (c) From time to time the board of supervisors shall, by resolution, establish a schedule of fees for the applications, approvals, permits and inspections required by this article. (d) In accordance with :52 of the Code of Virginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this ordinance. Any plan approved prior to July 1, 2014, that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site, assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this ordinance. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements of this subsection shall be satisfied by compliance with water quantity requirements in the Stormwater Management Act ( :24 et seq. of the Code of Virginia) and attendant regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Permit Regulations. (Ordinance PH1 adopting sub paragraph d; am ended 02/24/2015). Sec Exempt activities. In no instance shall the provisions of this article be construed to apply to the following: Page 79-02/24/2015

86 (1) Such minor land disturbing activities as home gardens and individual home landscaping, repairs and maintenance work. (2) Individual service connections. (3) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk provided such land disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced. (4) Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity related to construction of the building to be served by the septic tank system. (5) Surface or deep mining activities authorized under a permit issued by the Department of Mines, Minerals and Energy. (6) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas. (7) Tilling, planting or harvesting of agricultural, horticultural or forest crops, or livestock feedlot operations, 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 Code of Virginia, et seq., or is converted to bona fide agricultural or improved pasture use as described in subsection B of Code of Virginia, (8) Construction, installation, or maintenance of electric transmission, natural gas, and telephone utility lines and pipelines, and water and sewer lines, and repair or rebuilding of the tracks, rights-of-way, bridges, communications facilities and other related structures and facilities of a railroad company, provided general erosion and sediment control standards for such activities are filed with the Virginia Department of Environmental Quality annually for review and approval in accordance with the Code of Virginia, :55. (9) 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, Code of Virginia, et seq., ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. (10) Disturbed land areas of less than 10,000 square feet in size or less than 2,500 square feet within the Town of Orange, the Town of Gordonsville or on any property Page 80-02/24/2015

87 with a residential zoning classification. The board of supervisors may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply. (11) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles. (12) 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, the land area disturbed shall be shaped and stabilized in accordance with the requirement of the plan approving authority. The administrator shall be responsible for determining whether or not a particular activity falls within one of the exemptions listed above. Sec Erosion and sediment control plan. (a) An approved erosion and sediment control plan is required under this article, for any land disturbing activity other than that specified within Sec or as permitted pursuant to an approved agreement in lieu of a plan. The plan shall detail those methods and techniques to be utilized in the control of erosion and sedimentation; and as a minimum requirement, the plan shall follow the minimum standards established by state erosion and sediment control regulations and presented in chapter 8 of the Orange County Erosion and Sediment Control Handbook, as defined in Sec Approved standards and specifications for control techniques to be utilized in preparing the plan are set forth in chapter 3 of the handbook. (b) County officers, departments and agencies authorized under any other laws to issue building or other permits for activities which involve any land-disturbing activity shall not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and a copy of the permit issued pursuant to Sec (c) Electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and authorities created pursuant to of the Code of Virginia may, file general erosion and sediment control standards and specifications annually with the Virginia Department of Environmental Quality for review and approval in accordance with the Code of Virginia, :55. If land disturbance activities caused by these organizations is not otherwise exempted under Sec (8), such disturbance shall only be conducted in accordance with the requirements of this article. Sec Plan submission. (a) Four copies of a proposed erosion and sediment control plan as required by this article shall be submitted to the administrator, along with (i) the required application fee(s) Page 81-02/24/2015

88 and application form(s), and (ii) a written certification by the person responsible for carrying out the plan that he will properly perform the conservation measures included in the plan and will conform to the provisions of state law and of this article. The administrator shall transmit two copies of the plan to the certified plan reviewer within seven calendar days of receipt. (b) The certified plan reviewer shall be required to return his findings and comments to the administrator, in sufficient time to allow the administrator to meet the response time required by Sec (c) Upon request of the certified plan reviewer or the administrator, an applicant shall provide such additional information as may be necessary to determine whether a proposed plan meets the requirements of the Board s regulations and of this article. (d) An erosion and sediment control plan shall be required for a development and the buildings constructed within the development, regardless of the phasing of construction. (e) If individual lots or sections in a residential development are being developed by different property owners, all land disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or an agreement in lieu of a plan signed by the property owner and submitted for approval under this article. (f) Land disturbing activity of less than the thresholds prescribed in Sec (10) on individual lots shall not be considered exempt from the provisions of the state law and this article if the total land disturbing activity in the development is equal to or greater than the respective thresholds. Whenever land disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), the administrator may either consider the off-site activity as being part of the proposed land disturbing activity or, if the off-site activity is already covered by an approved erosion and sediment control plan, require the applicant to provide proof of the approval and to certify that the plan will be implemented in accordance with the requirements of state law and this article. (g) At the time of plan submission, an applicant may request a modification of applicable requirements. The applicant shall explain the reasons for the requested modifications in writing. Specific modifications which are approved by the administrator shall be documented in the approved plan. Sec Certification; bonding of performance. (a) Prior to issuance of any permit under this article, the permit issuing authority shall require an applicant to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or other such legal arrangement acceptable to the board of supervisors, to ensure that measures could be taken at the applicant s expense should he fail, after proper notice, within the time specified, to initiate or maintain appropriate conservation action which may be required of him by the approved plan as a result of his land disturbing activity. The amount of the bond or other security for Page 82-02/24/2015

89 performance shall be determined by the administrator, and shall not exceed the approximate total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25 percent of the estimated cost of the conservation action. For sureties other than cash escrow, proof of the issuer's license to conduct business in Virginia shall be provided as part of the acceptance of the surety. If the administrator takes such conservation action upon such failure by the permittee the administrator may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. (b) Within 60 days of the achievement of adequate stabilization of the land disturbing activity in any project or section thereof, the bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall, upon his/her request, be refunded to the applicant or terminated based upon the percentage of stabilization accomplished in the project or section. The administrator shall determine whether there has been adequate stabilization, and the applicable percentage of stabilization, based on an inspection and verification that the plan requirements have been satisfied and permanent vegetation has been established. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform, mature enough to survive, and will inhibit erosion. Surety refund may be partial if the administrator or his designee deems the plan has not been 100 percent adhered to after 60 days from stated completion. (c) Prior to engaging in the land disturbing activities shown on an approved plan, the person responsible for carrying out the plan shall obtain the permit required by Sec and shall notify the administrator, in writing, of the name of the responsible land disturber for such activities. Failure to designate a responsible land disturber prior to engaging in land disturbing activities shall constitute grounds for the administrator to revoke an approved plan, and the person responsible for carrying out the plan shall be subject to the penalties provided in this article. The administrator may waive the certificate of competence requirement for an agreement in lieu of a plan. The land disturbing permit shall be kept at the site of the authorize land disturbing activity at all times during which such activity is being performed. Sec Approval. (a) The administrator shall promptly review plans submitted under this article. If the administrator determines that a plan meets the requirements of the Board s regulations and this article, and if the person responsible for carrying out the plan has certified that he will properly perform the conservation measures included in the plan and will conform to the provisions of the Board s regulations and this article, then the administrator shall grant approval, in the form of a written permit, within 45 days of receipt of the plan. Further, the approval of a plan shall be conditioned upon compliance with the bonding requirements set forth within Sec Page 83-02/24/2015

90 When a proposed plan is determined by the administrator to be inadequate, written notice of disapproval, stating the specific reasons for disapproval, shall be communicated to the applicant within 45 days of receipt of the plan. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken by the administrator within the time specified in this paragraph, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. (b) Should a land disturbing activity not begin during the 180-day period following plan approval or cease for more than 180 days, the administrator may evaluate the existing approved erosion and sediment control 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 administrator finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land disturbing activity. (c) The administrator shall report to the Virginia Department of Environmental Quality, in a method and on a time schedule established by the Department, a listing of each land disturbing activity in the locality for which a plan has been approved under this article. Sec Issuance of land disturbing permit. (a) Following approval of an erosion and sediment control plan, and receipt of the bond or other security required by section 26-38, and upon the request of the applicant, the permit issuing authority shall issue a permit for the land disturbing activities that are the subject of the approved plan. Each permit authorizing any land disturbing activity shall be conditioned upon the agreement of the person carrying out the plan (i) to allow for periodic inspections of the land disturbing activity, and (ii) to provide a responsible land disturber on site during all land disturbing activity. The permit issuing authority may require, as a condition of permit issuance, that the person responsible for carrying out the plan must provide monitoring, and must make reports thereof to the administrator, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. (b) Applicants for any land disturbance permit or agreement in lieu of a plan shall be required to obtain evidence of Virginia Stormwater Management Program permit coverage where it is required, prior to the administrator providing approval to begin land disturbance. Sec Inspection and enforcement. (a) Inspections. The administrator shall provide for periodic inspections of the land disturbing activity for which a permit has been issued. The owner, permittee, or person responsible for carrying out the plan shall be given notice of inspection. These inspections shall be conducted by a certified inspector. Page 84-02/24/2015

91 (b) Notice to comply. Responsibility for inspections, administration and enforcement of this article shall rest with the administrator. The administrator shall develop application forms and materials, and written procedural guidelines to be followed in the inspections, administration and enforcement of this article. All such forms, materials and guidelines shall be maintained on file in the office of the administrator. If the administrator determines that there is a failure to comply with an approved plan, or a condition of a permit, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan or permit and shall specify the time within which such measures shall be completed. Upon a failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided by Sec (c) Stop work order. (1) Upon receipt of a complaint to the administrator, or upon investigation by the administrator or a certified inspector for the county, alleging a violation of this chapter or of the Code of Virginia, Title 62.1, :54 et seq., the administrator or a certified inspector for the county may, in conjunction with or subsequent to a notice to comply as specified in subsection (b) of this section, issue an order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective measures have been taken or if land disturbing activities have commenced without an approved plan, requiring that all of the land disturbing activities be stopped until an approved plan or any required permits are obtained. (2) 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 whether or not the alleged violator has been issued a notice to comply. Otherwise, such a stop work order may be issued only after the alleged violator has failed to comply with a notice to comply. (3) The stop work order shall be served in the same manner as a notice to comply and shall remain in effect for seven days from the date of service pending application by the administrator or alleged violator for appropriate relief to the county circuit court. If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the stop work order, the administrator or a certified inspector for the county 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 and any required permits have been obtained. Such an 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. Upon completion Page 85-02/24/2015

92 and approval of corrective action, or upon obtaining an approved plan or any required permits, the order shall be immediately lifted. (4) The owner may appeal the issuance of a stop work order to the county circuit court. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. (5) Any person violating or failing, neglecting or refusing to obey a stop work order issued pursuant to this section may be compelled in a proceeding instituted in the circuit court to obey the same and to comply therewith by injunction, mandamus or other appropriate remedy. Nothing in this section shall prevent the County from taking any other action specified in in Sec or in Virginia Code :63. (d) Right of entry. The administrator or a certified inspector for the county may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article. In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement required pursuant to Sec , the administrator may also enter any establishment or upon any property or cause for entry onto such property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. Sec Amendments to plan. The County may require changes to an approved plan in the following cases: (a) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or (b) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article and associated regulations, are agreed to by the County and the person responsible for carrying out the plan. (Ordinance # PH2) Sec Administrative appeal; judicial review. (a) Final decisions of the administrator or permit issuing authority shall be subject to review by the board of supervisors or its designated representative, provided an appeal is Page 86-02/24/2015

93 filed within 30 days from the date of any written decision by the administrator or the permit issuing authority. The final decision of the board of supervisors or its designated representative shall be set forth in writing, and a copy of such decision shall be mailed to the person engaging in, or proposing to engage in land disturbing activity. (b) Final decisions of the board of supervisors or its representative under this article shall be subject to review by the circuit court, provided an appeal is filed within 30 days from the date of the final written decision. Sec Penalties, injunctions, and other legal actions. (a) Any person who violates any provision of this article shall be guilty of a class 1 misdemeanor. (b) The permit issuing authority, the program authority, the Board, or the owner of property which has sustained damage or is in imminent danger of being damaged may apply to the county s circuit court to enjoin a violation or a threatened violation of this article 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 this article, and the County administrator, that a violation of this article has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated this article nor the county has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. (c) In addition to any criminal or civil penalties provided under this article, any person who violates any provision of this article may be liable to the program authority, or the board, as appropriate, in a civil action for damages. (d) Any person who violates any regulation or order of the Board, or any provision of the Board s program, any provision of this article or any condition of a permit issued under this article, shall, upon a finding of a violation by the County s general district court, such person shall be assessed a civil penalty in accordance with the schedule set forth within subsection (e), below. The administrator or a certified inspector for the county may issue a summons for collection of the civil penalty, and the action may be prosecuted by the county. An admission or finding of liability shall not be a criminal conviction for any purpose. Any civil penalty assessed by the court shall be paid into the county treasury, 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. Any civil penalty obtained pursuant to this section shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a). (e) Upon conviction of a violation pursuant to paragraph (d), above, the civil penalty for any one violation shall be $100.00, except that the civil penalty for commencement of land disturbing activities without an approved plan shall be $1, Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall Page 87-02/24/2015

94 a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3, 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, (f) 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, for each violation. A civil action for such violation or failure may be brought by the county in the appropriate court. Any civil penalty 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. (g) With the consent of any person who has violated or failed, neglected or refused to obey any provision of this article, or any condition of a permit, the administrator or permit issuing authority may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (f) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsections (e) or (f) of this section. (h) Upon request of the administrator or the permit issuing authority, the county attorney or the commonwealth's attorney shall take appropriate legal action to enforce the provisions of this chapter. (i) In addition to any other remedies provided for in this section, the administrator may utilize a permittee's bond to arrange for installation or maintenance of erosion controls (including stormwater management facilities) when the permittee fails to do so after reasonable notice from the administrator. Sec Liability. (a) Compliance with the provisions of this article 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 party must show negligence in order to recover any damages. (b) The owner of the land is responsible for the successful completion of the plan. Sec Fee schedule. The fees schedule adopted by the board of supervisors for applications, approvals, permits and inspections required by this article shall be kept on file, available for public inspection, in the offices of the administrator and the permit issuing authority. * Editor s Note: This Chapter was amended and Re-Ordained on May 8, 2012 by Ordinance # PH3. Numerous sections were amended on 02/24/2015. Page 87(b) - 02/24/2015

95 CHAPTER 30 - FIRE PREVENTION AND PROTECTION Sec Fireworks display permit. (a) Issuance. The county administrator may issue permits, upon application in writing, for the aerial display of fireworks, commonly known as pyrotechnic displays, for 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. It shall be unlawful for any person to hold, present or give any such display of fireworks without first having obtained such permit from the county administrator. (b) Applications. Applications for the display of fireworks shall be submitted in writing to the county administrator not less than 30 days prior to the event. Such application shall include the following information: (1) The name and address of applicant. (2) Date, time and place of the display. (3) A statement that the fireworks will be arranged, located, discharged, and fired in a manner that will not be a hazard to property or endanger any person. (4) A statement that the applicant will assume full liability for any injuries to any person or damages to any property that may be caused by the negligence of any person involved in the display, and that the applicant will hold the county harmless from all claims for injuries or damages. (c) Approval. 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 signed and dated. (d) Permit on file and on display. After being approved as aforesaid, one copy of the application, which will then become a permit to display fireworks, shall be kept on file by the county administrator until after the date the fireworks are displayed; one copy shall be returned to the applicant and shall be in possession of the person in charge of displaying the fireworks at the time and place they are being displayed; one copy shall be forwarded to the Orange County Sheriff; and one copy shall be forwarded to the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Ord. of (1); Ord. of (12)) Secs Reserved. Page 88-08/01/2014

96 Sec Components of county safety program. Orange Volunteer Fire Company; Gordonsville Volunteer Fire Company; Barboursville Volunteer Fire Company; Mine Run Volunteer Fire Company; and Lake of the Woods Volunteer Fire and Rescue Company, Inc., and their respective volunteer members are declared to be integral parts of the official safety program of the county as contemplated by chapter 670 of the Acts of Assembly of (Ord. of ; Ord of ) Sec Participation in certain activities by persons under 16 years old. (a) Pursuant to Code of Virginia, B., any member of the Barboursville Volunteer Fire Company, Lake of the Woods Volunteer Fire and Rescue Company, Inc., and Mine Run Volunteer Fire Company, Inc., who is 16 years of age or older may, with parental or guardian approval, work with or participate fully in all activities of the fire company, provided such person has attained certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the department of fire programs. (b) Any trainer or instructor of such persons mentioned in subsection (a) of this section or any member of the volunteer company who supervises any such person at the scene of any emergency shall be exempt from the provisions of Code of Virginia, (Ord. of ) Page 89-02/28/2017

97 CHAPTER 34 - FLOOD HAZARD REDUCTION Secs Reserved. DIVISION 1. - GENERALLY Sec Purpose. The purpose of this article is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: (1) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. (2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. (3) Requiring all those uses, activities and developments that occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage. (4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. (Ord. of , 1.1) Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year). Base flood elevation (BFE) means the Federal Emergency Management Agency designated 100-year water surface elevation. Basement means any area of the building having its floor subgrade (below ground Page 90-08/01/2014

98 level) on all sides. Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this article. Construction (new) means structures for which a building permit was issued on or after November 12, 1985, provided actual construction began within 180 days of the permit date. Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, or storage of equipment or materials. Flood means: (1) A general and temporary inundation of normally dry areas from: a. The overflow of inland or tidal waters; b. The unusual and rapid accumulation or runoff of surface waters from any source; or c. Mudslides which are proximately caused by flooding as defined in subsection (1)b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when the earth is carried by a current of water and deposited along its path. (2) The collapse or subsidence of land along the shore of a lake or other body of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)a. of this definition. Floodplain means: (1) A relatively flat or low land adjoining a river, stream or watercourse which is subject to partial or complete inundation; (2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source. Floodprone area means any land area susceptible to being inundated by water from any source. Page 91-08/01/2014

99 Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the 100-year magnitude. Historic structure means any structure that is individually listed in the National Register of Historic Places, the Virginia Register of Historic Resources, or a local inventory of historic places; or which is certified by the secretary of the interior as contributing to the historical significance of an historic district. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Manufactured home means a structure, subject to federal regulation, which is transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Manufactured home park/subdivision (existing) means a parcel (or contiguous parcels) of land divided into three or more lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before August 12, Recreational vehicle means a vehicle which is built on a single chassis, is 400 or less square feet in area when measured at its largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel or seasonal use. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement. The term does not include any improvement to correct an existing violation of state or local health, sanitary or safety specification identified by the code enforcement official and necessary to assure safe living conditions or any alteration of an historic structure that does not preclude its continued designation as historic. (Ord. of , art. VII) Page 92-08/01/2014

100 Sec Applicability. This article applies to all lands within the jurisdiction of the county and identified as being floodprone as stipulated in this article. (Ord. of , 1.2) Sec Compliance. No land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations. (Ord. of , 1.3) Sec Abrogation and greater restrictions. This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive. (Ord. of , 1.4) Sec Municipal liability. (a) The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. (b) This article shall not create liability on the part of any officer or employee of the county for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article. (Ord. of , art. VIII) Page 93-08/01/2014

101 Sec Penalties. (a) Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the building official, zoning administrator, or any other authorized employee of the county shall be guilty of an offense and, upon conviction, shall pay a fine to the county of not less than $25.00 nor more than $ plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed ten days. Each day during which any violation of this article continues shall constitute a separate offense. (b) In addition to the penalties specified in subsection (a) of this section, all other actions are reserved, including an action in equity, for the proper enforcement of this article. The imposition of a fine or a penalty for any violation of or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the board of supervisors to be a public nuisance and abatable as such. (Ord. of , art. V) Secs Reserved. DIVISION 2. - PERMIT Sec Required. (a) All uses, activities and development occurring within the floodplain district shall be undertaken only upon issuance of a zoning permit, a health permit (if applicable) and a building permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as chapter 70 of this Code, health department regulations relating to sewage disposal, and to the Virginia Uniform Statewide Building Code, particularly the floodproofing and related provisions of that code. Prior to the issuance of any such permit, the building official shall require all applications to include compliance with all applicable state and federal laws. (b) Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (Ord. of , 3.1) Page 94-08/01/2014

102 Sec Information required for site plans and permit applications. All applications for development in the floodplain district and all building permit applications submitted for the floodplain district shall incorporate the following information: (1) For structures that have been elevated, the elevation of the lowest floor (including basement). (2) For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed. (3) The elevation of the 100-year floodplain. (4) Topographic information showing existing and proposed ground elevations. (5) All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood information data. The applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one foot at any one point (see section ). The engineering principle "equal reduction of conveyance" shall be used to make the determination of increased flood heights. (Ord. of , 3.2) Secs Reserved DIVISION 3. - SPECIAL EXCEPTIONS AND VARIANCES Sec Appeal authorized. (a) Whenever any person is aggrieved by a decision of the building official with respect to the provisions of this article, it is the right of that person to appeal to the building code board of appeals for a special exception/variance. Such appeal must be filed, in writing, within 30 days after the determination by the building official. Upon receipt of such an appeal, the building code board of appeals shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten nor more than 30 days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the building code board of appeals shall be final in all cases. Page 95-08/01/2014

103 (b) In passing upon applications for special exceptions/variances, the building code board of appeals shall satisfy the following factors: (1) The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development or activity within any floodway area that will cause any increase in the 100-year floodplain. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (10) The safety of access to the property in time of flood of ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. (12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as historic and the special exception is the minimum necessary to preserve the historic character of the structure. (13) Such other factors which are relevant to the purposes of this article. (c) The building code board of appeals may refer any application and accompanying documentation pertaining to any request for a special exception or variance to an Page 96-08/01/2014

104 engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. (d) Special exceptions/variances shall only be issued after the building code board of appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud or victimization to the public, or conflict with local laws or ordinances. (e) Special exceptions/variances shall only be issued after the building code board of appeals has determined that the special exception will be the minimum relief to an exceptional hardship. (f) The building code board of appeals shall notify, in writing, the applicant for a special exception/variance that the issuance of a special exception/variance to construct a structure below the 100-year flood elevation increases risks to life and property and will eventually result in increased premium rates for flood insurance. (g) A record of the notification as well as all special exception/variance actions, including justification for their issuance, shall be maintained, and any special exceptions/variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administration. (Ord. of , art. IV; Ord. of (2)) Secs Reserved. DIVISION 4. - DISTRICT Sec Basis of districts. (a) The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the 100-year flood elevations or profiles contained in the flood insurance study (FIS) and the accompanying flood insurance rate maps (FIRMs) for the county prepared by the Federal Emergency Management Agency, Federal Insurance Administration, as amended with an effective date of January 2, (b) The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the flood insurance study. For these areas, the 100-year flood elevations Page 97-08/01/2014

105 and floodway information from federal, state and other acceptable sources shall be used when available. Where the specific 100-year flood elevations cannot be determined for this area using other sources of data, such as: (1) U.S. Army Corps of Engineers Floodplain Information Reports; (2) U.S. Geological Survey Floodprone Quadrangles; (3) Soil Conservation Service Flood Hazard Analyses; and (4) Known high water marks from past floods; the applicant for the proposed use, development and/or activity shall determine the 100-year flood elevation in accordance with engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. (Ord. of , 2.1.D; Ord. of (2)) Sec Overlay concept. (a) The floodplain districts described in this division shall be overlays to the existing underlying area as shown on the official zoning ordinance map; and as such, the provisions for the floodplain district shall serve as a supplement to the provisions of chapter 70 of this Code. (b) If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. (c) If any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying zoning provisions shall remain applicable. (Ord. of , 2.1.B) Sec Official floodplain map. The boundary of the floodplain districts is established as shown on the flood insurance rate map, which is declared to be part of this article and which shall be kept on file at the office of the zoning administrator. (Ord. of , 2.2) Page 98-08/01/2014

106 Sec District boundary changes. The delineation of any of the floodplain districts may be revised by the board of supervisors where natural or manmade changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual who documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. (Ord. of , 2.3) Sec Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination after a public hearing conducted pursuant to Code of Virginia, and The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board of zoning appeals and to submit his own technical evidence if he so desires. (Ord. of , 2.4) Secs Reserved. DIVISION 5. - STANDARDS Sec Encroachment provisions. (a) No new construction or development shall be permitted within the floodplain district unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the 100-year flood elevation more than one foot at any point. (b) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation. (Ord. of , 3.3) Page 99-08/01/2014

107 Sec Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channel or of any watercourse, stream, etc., within the county, approval shall be obtained from the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given to all affected adjacent jurisdictions, the division of soil and water conservation (Virginia Department of Conservation and Recreation), and the Federal Insurance Administration. (Ord. of , 3.4) Sec Design criteria for utilities and facilities. (a) Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. (b) Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. (c) Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage away from buildings and on-site waste disposal sites. The board of supervisors may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (d) Utilities. All utilities such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence. (e) Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. (Ord. of , 3.5) Page /01/2014

108 Sec Existing structures in floodplain districts. (a) A structure or use of a structure or premises which lawfully existed before August 12, 1997, but which is not in conformity with this article may be continued subject to the following conditions: (1) Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses that the proposed expansion would not result in any increase in the 100-year flood elevation. (2) Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50 percent of its market value shall be elevated and/or flood-proofed to the greatest extent possible and in full compliance with the Virginia Uniform Statewide Building Code. (b) The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of this article and the Virginia Uniform Statewide Building Code (VUSBC), and the entire structure shall be made to conform to the VUSBC. (c) Uses or adjuncts of uses which are or become nuisances shall not be permitted to continue. (Ord. of , art. VI; Ord. of (2)) Sec Manufactured homes. Manufactured homes that are placed or substantially improved or sited shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. of , 3.6) Page /01/2014

109 Sec Recreational vehicles. (a) Recreational vehicles placed on sites shall either: (1) Be on the site fewer than 180 consecutive days or be fully licensed and ready for highway use; or (2) Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code. (b) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions. (Ord. of , 3.7) Page /01/2014

110 CHAPTER 38 - LAW ENFORCEMENT Secs Reserved. Sec Off-duty employment authorized. Pursuant to the authority of Code of Virginia, and (1), law enforcement officers and deputy sheriffs may engage in off-duty employment which may occasionally require the use of their police powers in the performance of such employment. The sheriff may promulgate such rules and regulations as he may deem reasonable and necessary regarding such off-duty employment. (Ord. of , 1) Sec Qualifications of off-duty employees. Only persons trained as law enforcement officers shall be eligible for off-duty employment authorized in section (Ord. of , 2) Page /01/2014

111 CHAPTER 42 - OFFENSES Secs Reserved. Sec Possession of loaded firearms prohibited. (a) Pursuant to the authority of Code of Virginia, , it shall be unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within the county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking. This section shall not apply to persons carrying loaded firearms in moving vehicles, or for purposes other than hunting, or to persons acting at the time in defense of persons or property. (b) Any persons violating this section shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $ for each such violation. (Ord. of ) Sec Possession during open deer season. (a) Pursuant to the authority of Code of Virginia, , it shall, during open deer season in the county, be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway within the county. This section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded shotgun or loaded rifle is necessary for his personal safety in the course of his employment or business. (b) Any person violating this section shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $ for each such violation. (Ord. of , 3) Sec Hunting game birds or animals near highways. (a) Pursuant to the authority of Code of Virginia, , it shall be unlawful to hunt with a firearm any game bird or game animal while the hunting is on or within 100 yards of any primary or secondary highway in the county. For the purpose of this section, the term "hunt" shall not include the necessary crossing of such highways for the bona fide purpose of going into or leaving a lawful hunting area. (b) Any person violating this section shall be guilty of a class 3 misdemeanor and shall be subject to punishment as provided in section 1-15 (Ord. of , 4) Page /01/2014

112 Sec Enforcement. Game wardens, sheriffs and all other law enforcement officers shall have the power to enforce this article. (Ord. of , 5) Sec Trespass after having been forbidden to do so; penalties (a) If any person without authority of law goes upon or remains upon the lands, buildings, or premises of another, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or other person lawfully in charge thereof, or after having been forbidden to do so by sign posted by such persons or by the holder of any easement or other right of way authorized by the instrument creating such interest to post such signs on such land, structures, premises or portion or area thereof at a place where it may be reasonably see, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to Code of Virginia , , , through , , , , , , , , or an ex parte order issued pursuant to Code of Virginia , and after having been served with such order, he shall be guilt of a class 1 misdemeanor. (b) Any owner of real property may, in writing on a form prescribed by the Sheriff s Office, designate the Sheriff s Office as a person lawfully in charge thereof as that term is used in subsection (a) of this section, for the purpose of forbidding another to go on or remain upon the lands, buildings, or premises of such owner. Such designation shall include a legal address, detailed description of the lands, buildings or premises to which it applies; shall be signed by a person who can demonstrate that he is the owner of the property or is legally authorized to act for the property owner; shall include a provision holding the county harmless and indemnifying the county for any claims arising from or in connection with the enforcement of this section; and shall be kept on file in the Sheriff s Office. (c) A property owner s designation of the Sheriff s Office as a person lawfully in charge of the owner s property, as the term is used in subsection (a) of this section, becomes effective when the Sheriff or his designee delivers in person or mails to the property owner a copy of the property owner s designation which has been signed by the Sheriff or his designee. Either the property owner or the Sheriff may rescind the designation of the Sheriff s Office as a person lawfully in charge of the owner s property at any time by written notification, which shall be kept on file with the property owner s designation as described in subsection (b) of this section. (d) Such designation of the Sheriff s Office as a person lawfully in charge of the property shall be limited to the sole purpose of enforcing this section. (Ordinance of ) Page /09/2018

113 CHAPTER 46 - ROADS AND BRIDGES Secs Reserved. Sec Index adopted. The "Orange County Road Name Index," which is on file in the office of the county administrator, is adopted as the official listing of names for streets and roads in the county; and such roads are given the names listed in such index. (Ord. of ) Sec Assigning names. The county administrator is authorized to assign names to any unnamed road, public or private, in the county which provides access to two or more occupied buildings with telephones. (Ord. of ) Sec Registration of road names. No street or road outside the limits of incorporated towns within the county shall be assigned a name on a subdivision plat or otherwise until such name is registered with the county administrator and added to the county road name index, and the county administrator shall have the authority to refuse registration of any name already in use or confusingly similar to a name which is registered. (Ord. of ) Sec Negotiation of name changes. The county administrator is directed to negotiate with residents along streets or roads bearing duplicate or confusingly similar names in the county and to change the names of such roads or streets to eliminate such duplications. (Ord. of ) Page /01/2014

114 Sec Street signs. The county administrator is authorized and directed to secure and place street signs at intersections within the county. The cost of such signs shall be appropriated from the funds being collected from telephone users from the fees under the E-911 system. (Ord. of ) Secs Reserved. Sec Assignment, display of numbers. (a) House numbers shall be assigned to each dwelling or other building in the county. The combination of such number and the road name assigned shall be the official location of such dwelling or other building, and such number shall be displayed by the owner or occupant of such building in a manner specified by the board of supervisors by resolution. (b) Within the Lake of the Woods Subdivision, the location of each dwelling or other building and the manner of display of such number shall be as directed by appropriate resolution of the Lake of the Woods Association and approved by the board of supervisors. (c) Within the incorporated towns within the county, the location of each dwelling or building shall be the combination of the house number and street name assigned by the appropriate town council, and the display of such number shall be in the manner specified by resolution of the appropriate town council. (Ord. of ) Sec Designation of Lake of the Woods The streets and roads contained within the Lake of the Woods subdivision are specifically designated as "Highways" as that term is defined in Va. Code (Ord. of 09/09/2014, Ord. of 12/15/2015) Page /15/2015

115 CHAPTER 50 - SOLID WASTE Article I - In General Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: Brush means decomposable waste materials generated by yard and lawn care, including but not limited to wood, wood chips, shrub and tree trimmings. Brush shall not include roots or stumps that exceed six inches in diameter. Commercial waste means all solid waste which generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants and shopping centers. Construction waste means solid waste which is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction waste include, but are not limited to, lumber, wire, sheetrock, broken brick, shingles glass, pipes, concrete, and paving materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction wastes. Containers mean those receptacles or facilities located at various places in the county for the collection of solid waste. Contractual agent means the person with whom the county has entered into a contract for the collection and disposal of solid waste in the county. Convenience center means a collection point for the temporary storage of solid waste provided for individual solid waste generators within the county who choose to transport solid waste generated on their own property to an established point, rather than directly to a disposal facility. A convenience center may not receive waste from collection vehicles that have collected waste from more than one real property owner. Cover material means compactable soil or other approved material which is used to blanket solid waste in a landfill. Disposal means the storage, collection, placing, handling, removing, transporting, burying and getting rid of solid waste. Household garbage means all animal, vegetable and mineral wastes resulting from the Page /10/16

116 handling, preparation, cooking, or consumption of foods and beverages and personal property including, but not limited to, cans, bottles, food containers, paper containers and cardboard containers generated solely in the normal operation of a household. Industrial waste means all solid waste resulting from manufacturing or industrial process that is not a regulated hazardous waste. Nonputrescible means material that cannot be decomposed by biological methods. Residents mean those persons residing in the county. Rubbish includes all other solid wastes not included in the term "household garbage" and shall include but is not limited to large metal objects such as old stoves, refrigerators, auto parts, etc., wood, brush, building demolition, or other nonputrescible solid waste. Public landfill means a site operated by and established by the county or its authorized contractual agent and permitted by the Virginia Department of Environmental Quality (DEQ) for the disposal of solid waste. Solid waste means all refuse except body wastes, and shall include household garbage and rubbish. Tires includes both whole tires dismounted from rims and tires that have had side walls removed (this is considered shredded). Shredded tires may be disposed of in the landfill and is considered commercial waste. (Ord. of , 2; Ord. of ) Sec Penalties. Any person who shall violate any provision of this chapter shall be guilty of a class 3 misdemeanor and upon conviction shall be subject to a fine as provided in section (Ord. of , 6; Ord. of ) Secs Reserved Sec Unlawful conditions of trash, garbage, refuse, litter and other substances generally. (a) No owner of any lot or parcel of land within the county shall permit to remain on the lot or parcel, any Household Garbage or any furniture, appliances, or other Page 108(a) - 05/10/16

117 substances that are ordinarily and customarily located in the interior of a dwelling which are visible from the road or any adjoining lot, and are reasonably liable to endanger the health of any person or injuriously affect public health or safety. (b) Household Garbage shall be stored in receptacles designed for that purpose, and shall be disposed of in authorized facilities provided for such purpose, and in no other manner not authorized by law. (Ord ) State law reference- Authorized by Code of Virginia, Sec Enforcement; Liens (a) The county administrator shall develop, implement and maintain an administrative policy for the enforcement of this chapter. Whenever the county administrator (or his designee) determines that any such unlawful conditions exist, he shall notify the property owner of record of such determination by certified mail, return receipt requested, sent to the address listed in the real estate tax records, requiring such property owner to correct the condition. If the condition is not substantially corrected within ten days after receipt of such notice, and if the county administrator (or his designee) determines in his sole discretion that no good faith effort is being made to correct the condition, then the county administrator (or his designee) may order such condition to be corrected, either by county forces or by a private contractor. The actual cost, together with an administrative handling charge of $50.00, shall be billed to the property owner and if not paid shall be added to and collected in the sam e manner as the real estate tax on such property. The county administrator (or his designee) shall certify the costs and expenses to the treasurer of the county, who shall collect such amount; and if such amount shall remain unpaid for a period of 60 days, then the treasurer shall certify such charges as being unpaid to the clerk of the circuit court of the county, who shall maintain a record book of such delinquent costs and expenses on file in the records of his office. (b) Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Article 3 ( et seq.) and Article 4 ( et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, as amended. The county may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (Ord ) State law reference- Authorized by Code of Virginia, Page 109(a) - 05/10/16

118 Sec Penalties. (a) Violations of this article shall be subject to a civil penalty of $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $ Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3, in a 12-month period. (b) Such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation. (Ord ) State law reference- Authorized by Code of Virginia, Secs Reserved Page 109(b) - 05/10/16

119 Article II - Collection and Disposal DIVISION 1. - GENERALLY Sec Provided. The county provides for its citizens a system, plan or method for the disposal of solid waste at sites designated as public landfills. To facilitate the collection and disposal of household garbage, the county provides convenience centers at various locations in the county. The county or its contractual agent will transport the household garbage from the convenience centers to the public landfills. (Ord , 3(a); Ord. of ) Sec Limitations on disposal. It shall be unlawful to dump, burn, bury, destroy or otherwise dispose of solid waste within the boundaries of the county except at county-approved public or private landfills. This provision, however, shall not apply to the disposal of solid waste on private property by the owner or by others who have obtained written permission of the property owner to dispose of solid waste on the property, so long as the place of disposal does not become a public nuisance or create a hazard to health and welfare and is not prohibited by state or federal law. (Ord. of , 3(b); Ord. of ) Sec Origin of refuse. Refuse disposed at the county convenience centers and sanitary landfill must have been generated in Orange County, and such refuse may only be disposed of by residents and landowners of Orange County, or county approved commercial vendors. The county administrator is authorized to establish such policies and procedures are necessary to implement the requirements of this section. (Ord. of ) Sec Disposal charges. Disposal charges shall be adopted, by resolution, by the board of supervisors. No fees shall be waived except by authority of the board of supervisors. (Ord. of ) Secs Reserved. Page /14/2016

120 DIVISION 2. - CONTAINERS Sec Use. (a) Containers provided by the county shall be used only for the disposal of household garbage from households located within the county. (b) It shall be unlawful for a person other than a resident or property owner of the county to deposit household or any other solid waste in a container. (Ord. of , 4(a); Ord. of ) Sec No liquids allowed. All household garbage shall be drained free of liquids before being placed in a container. (Ord. of , 4(b); Ord. of ) Sec Transportation of commercial, industrial waste. Persons engaging in commercial and industrial operations shall transport their solid waste directly to a public landfill or to some other approved landfill at such times and upon such conditions as the county or its contractual agent shall prescribe. (Ord. of , 4(c); Ord. of ) Sec Disposal of household garbage. Persons in the private business of collection and disposing of household garbage and receiving compensation shall transport such household garbage to a public landfill or to some other approved landfill. Household garbage collected by such persons shall not be deposited in the containers provided by the county. (Ord , 4(d); Ord. of ) Sec Transportation of rubbish. Any person disposing of rubbish shall transport to a public landfill in the same manner as is prescribed for persons engaging in commercial and industrial operations in section Page /01/2014

121 (Ord , 4(e); Ord. of ) Sec Restrictions and limitations. (a) It shall be unlawful for any person other than a representative of the county or the contractual agent to enter a container for any other purpose of to remove any solid waste from a container unless prior written permission is obtained from the county administrator. (b) It shall be unlawful for any person to scavenge in or around a container or to remove items deposited in a container by some other person unless prior written permission is obtained from the county administrator. (c) It shall be unlawful to place dead animals, rubbish, or industrial waste in any container. These items may be brought directly to the landfill site. (d) It shall be unlawful to litter container sites or to place any solid waste outside a container. (e) It shall be unlawful to set fire to, to deface, or to overturn a container. (Ord , 5; Ord. of ) Page /01/2014

122 CHAPTER 54 SUBDIVISION ORDINANCE Article I General Provisions Sec Title. The provisions contained herein shall officially be known, cited, and referred to as the Orange County Subdivision Ordinance, or this Ordinance. Sec Purpose. The purpose of this Ordinance is to: (a) Promote the public health, safety, convenience, and general welfare of the citizenry by providing comprehensive procedures for the orderly division and resulting development of land; (b) Facilitate a clear, consistent, and unambiguous public record and chain of title; (c) Ensure that all improvements and utilities associated with development are installed and maintained so as not to be an undue burden on the County and its citizens; (d) Protect the functionality and integrity of the state primary and secondary road networks; (e) Provide standards to ensure safe and reliable access to and from the state road network; (f) Comport with good planning and zoning practice, and complement the Orange County Zoning Ordinance; and to (g) Realize consistency with the vision, goals, objectives, and strategies set forth in the Comprehensive Plan. Sec Authority. This Ordinance is adopted and administered pursuant to et seq. of the Code of Virginia. Sec Applicability. The provisions of this Ordinance shall apply to all property within the jurisdictional limits of Orange County, including any part of which that may be under water, unless specifically superseded by state or federal law. This Ordinance shall not apply to any property within the jurisdictional limits of the Town of Orange or the Town of Gordonsville. Sec Rules of Ordinance Construction. The provisions contained within this Ordinance are intended to protect and promote public interests, and shall be liberally construed in furtherance of these interests and of the stated purpose. Additionally, the following rules shall apply to the construction of this Ordinance unless they would be contrary to the stated purpose or where context clearly indicates otherwise: (a) All references to other regulations, guidelines, manuals, standards, etc. are to the most current version adopted or approved by the agency or body responsible for such. (b) The word current means the point during which the matter is under consideration. (c) The word days means calendar days, unless otherwise specifically stated. (d) Distance and area measurements referenced herein shall be in the two-dimensional, horizontal plane. Page /24/2018

123 (e) Standards for improvements that may be specified herein or referenced elsewhere shall constitute the minimum standards. Nothing in this Ordinance shall be construed to prohibit exceeding of any minimum standard. Sec Definitions. The following definitions shall apply in the administration of this Ordinance: Alley. A travelway not intended for general traffic circulation which provides a secondary means of access to the rear and/or side of a property fronting on roads. An alley shall not be considered a road. Applicant. Any person, including successors and assigns, submitting plats and other materials for review and approval pursuant to these regulations. Block. A collection or grouping of lots within a common plan of development which are distinctly separated by roads or open space from other collections or groupings of lots within the development. Board (of Supervisors). The Board of Supervisors of Orange County, Virginia. Bond. A financial/performance guarantee in which the surety agent and/or obligor pledge a sum of money or other form of collateral as assurance that improvements will be completed as required by this Ordinance, or permit the County (the obligee) to collect the committed money/collateral from the surety agent and/or obligor should the obligor fail to construct the improvements or otherwise meet the terms of the contract. Boundary line adjustment. Any realignment of property lines between contiguous lots that neither creates new lots or reduces the number of existing lots. Boundary survey. A plat showing the metes and bounds of an existing lot of record. Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or property. Circuit Court. The Circuit Court of Orange County, Virginia. Code of Virginia. All provisions of Title 15.2, Chapter 22 of the Code of Virginia, as amended. Commission. See Planning Commission. Common area. Any property, which may include open space as defined herein, and accompanying physical improvements within a development which is owned by a property owners association for the use of residents/members as a shared amenity. Common plan of development. Any site, including those consisting of several contiguous lots under common ownership, where multiple separate and distinct construction activities may be Page /24/2018

124 taking place at different times on different schedules, but still under a single plan. For the purposes of this Ordinance, this definition shall include any subdivision with shared infrastructure, such as a road. Comprehensive Plan. The long-term planning document(s) adopted by the Board pursuant to the Code of Virginia. Contiguous. Sharing a common boundary. County. Orange County, Virginia. County Code. The Code of Ordinances of Orange County adopted by the Board of Supervisors. County Attorney. The Orange County attorney or his/her designee so hired by the Board. Cul-de-sac. Any dead-end road with an outlet at one end and a circular turnaround at the other. Dam break inundation zone. The area downstream of a dam, having been mapped as provided in the Dam Safety Act within the Code of Virginia, that would be inundated by or otherwise directly affected by the failure of the dam. Dedicate; dedicated. The fee simple transfer of land, such as a road right-of-way, to public use and ownership pursuant to of the Code of Virginia. Development. All improvements and manmade changes made to a given site, including any land disturbance, paving, buildings and other structures, signs, and the like. Division. See subdivision. Double frontage. The characteristic of a lot which has frontage upon two parallel roads or upon two roads which do not intersect at the boundaries of the lot. Driveway. A privately-maintained vehicular travelway not otherwise considered a road as defined herein, which serves no more than two (2) total lots. Easement. A reservation or grant by a property owner, which is defined via an executed deed and/or plat, to either retain or provide to others the right to use a defined portion of the owner s property for a specific purpose. This does not include a license which is otherwise revocable by a unilateral act of the grantor. Engineer. A person licensed by the Commonwealth of Virginia as a professional engineer. Family, immediate. Any person who is a natural or legally-defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of a property owner. Page /24/2018

125 Floodplain. Any portion of a property designated by the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMs) as being subject to inundation by the 1-percentannual-chance flood event (or greater). Frontage. The continuous uninterrupted distance along which a lot abuts an adjacent road, measured along the property line or at the required building setback distance. Homeowners' association. See owners association. Land disturbance. Any activity involving the clearing, cutting, filling, excavating, or alteration of topography which is regulated by Chapter 26 (Erosion & Sediment Control) of the County Code. Lot. A separate piece of land shown on a plat of record or described by metes and bounds or other legal description of record in the Circuit Court. Lot, corner. A lot having two (2) frontages on abutting roads at their intersection. Lot, pipestem. A lot whereby the majority of the property is set back from the road providing access, typically behind other lots which front on said road, and which receives access to the road via a narrow strip of the lot typically only wide enough to accommodate a driveway. Lot, residual. The remainder of a lot after a subdivision has detached one or more lots. Lot line, front. The boundary or boundaries of a lot common to the road right-of-way or easement from which the property is accessed. For corner lots, the front lot line for the purpose of determining orientation and access shall be whichever has the shorter frontage. Lot line, rear. The boundary of a lot which is opposite of, and does not intersect, the front lot line. Irregular lots may have multiple rear lot lines, as determined by the Subdivision Agent. Lot line, side. Any lot line which is not considered to be a front line or a rear line. Monument. Any physical marker placed in or on the ground which indicates property boundaries. Nonconformity, lawful. Any condition or situation pertaining to a piece of property that lawfully existed at a previous point in time, but due to amendment of the County Subdivision Ordinance and/or Zoning Ordinance or other action by a public entity, resulted in said condition or situation no longer conforming to the County Subdivision Ordinance and/or Zoning Ordinance. Open space. An area containing water or land or a combination thereof that is unoccupied by building lots or roads, and which may be vegetated, developed with passive amenities for the benefit of the development, or left in an undisturbed state. Page /24/2018

126 Owners association. An entity established pursuant to et seq. of the Code of Virginia, usually for the purpose of maintaining land or property owned in common by the owners of property in a subdivision. Planning Commission. The Orange County, Virginia Planning Commission. Plat. A schematic representation of a lot, subdivision, or other physical or legal condition of land drawn by a surveyor or engineer. Plat, record. A plat prepared for recordation in the Circuit Court. Plat, preliminary. A document, not prepared for recordation, containing a proposed subdivision plat and related improvements plans which depicts a planned subdivision and the accompanying development and improvement of the land. Recreational area. Any common area of a development reserved for any active or passive outdoor activity or facility, including but not limited to sports fields; playgrounds; picnic areas; walking, horseback riding or bicycle trails; equestrian facilities; ball courts; fitness courses; fishing and boating facilities; swimming pools; and golf courses. Right-of-way. A fee-simple piece of land dedicated to public use or owned by an owners association for the purpose of constructing and maintaining a road and other accompanying improvements such as sidewalks. This term shall be synonymous with easement when describing a right of access rather than a physical piece of property. Road. A thoroughfare for vehicular traffic which serves three (3) or more lots, including all the area within an easement or right-of-way as the context may provide, and which may be interchangeable with other similar terms, but not driveway as otherwise defined. Road, public. A road which is built to state standards (including, but not limited to, the Commonwealth Transportation Board s Secondary Street Acceptance Requirements, VDOT Road and Bridge Standards, and VDOT Road Design Manual) approved to be maintained by VDOT as part of the state system of highways, and which is encompassed by a right-of-way dedicated to public use. Road, private. A road built to standards contained herein which is not approved to be maintained by VDOT as part of the state system of highways, and which is maintained by individual owners/users of the road at no public expense, and which is contained within an access easement or private right-of-way owned by an owners association. Serve or Served. As used in relation to roads and vehicular access, a lot shall be considered served by a given vehicular travelway if the lot is capable of accessing said travelway directly or via an easement. Sidewalk. A paved pedestrian way built to prescribed standards which is typically adjacent to a road. Page /24/2018

127 Subdivider. Any individual, partnership, corporation, or group, owning or having an interest in land, or representing the owners of any land proposing to subdivide such land. Subdivision. The partition of any lot into two or more lots. Subdivision Agent. The Director of Planning & Zoning, or other person so appointed by the Board, who has been vested with the authority to administer these regulations on behalf of the Board. Subdivision, family. A division of a lot for the purpose of sale or gift to a member of the immediate family of the property owner. Survey. A plat drawn based on current field observations for the purpose of determining the terrestrial or three-dimensional position of lot corners and boundary lines and/or physical improvements. Surveyor. A person licensed by the Commonwealth of Virginia to survey land and prepare plats. Turnaround. An area reserved at the terminus of a dead-end road for vehicles to reverse movement and proceed in the opposite direction. VDH. The Virginia Department of Health. VDOT. The Virginia Department of Transportation. Zoning Ordinance. Chapter 70 (Zoning) of the County Code. Sec Amendments to this Ordinance. (a) The procedure for amendments shall be pursuant to and of the Code of Virginia, provided that no amendment shall be adopted by the Board without a reference of the proposed amendment(s) to the Commission for recommendation, nor until sixty days after such reference, if no recommendation is made by the Commission. (b) Prior to adoption of any amendment by the Board of Supervisors, public notice shall be given in accordance with of the Code of Virginia. Sec Conflicting Regulations. Whenever any section or provision of any federal or state statute or other County ordinance or regulation imposes higher standards than are required by this Ordinance, the provision of such statute, ordinance, or regulation shall govern. This shall also apply to conflicting provisions within this Ordinance. Sec Severability. Page /24/2018

128 Should any section or provision of this Ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid. Sec Pending Applications. Any application for plat review submitted prior to April 25 th, 2018 shall be reviewed pursuant to the adopted Subdivision Ordinance in effect at the time of submittal. However, if the submittal is deemed incomplete and the applicant fails to make the submittal complete within twelve (12) months of the County notification thereof, Sec shall be invoked and a new application along with new fees shall be required. Sec Reserved. Page /24/2018

129 Article II Administration Sec Subdivision Agent. The authority of the Subdivision Agent shall be vested in the position of Director of Planning & Zoning unless otherwise appointed by the Board of Supervisors. The Subdivision Agent shall have all necessary authority on behalf of the Board to administer and enforce the provisions of this Ordinance, including, but not limited to: (a) Receiving, processing, and acting upon all applications received pursuant to the provisions contained herein; (b) Interpreting sections of this Ordinance and rendering determinations as needed; (c) Establishing reasonable procedures, guidelines, and directives for the proper and diligent administration of this Ordinance; and (d) Considering and acting upon requests for waivers and modifications, as specified herein. Sec Enforcement, Violations, and Penalties. (a) Any person, or agent thereof, who violates any provision of this Ordinance shall be subject to a fine not to exceed five hundred dollars ($500) for each lot or part thereof so divided, transferred, or sold. Said person or agent shall furthermore be required to comply with all provisions of this Ordinance. Court-ordered subdivisions which do not comply with this Ordinance or with the Zoning Ordinance shall be required to comply before any permits for construction may be issued, or further subdivision may occur. (b) Appropriate legal and/or equitable actions and proceedings may also be taken to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, and to prevent illegal occupancy of a building, structure, or premises. This shall be in addition to the penalties described above. (c) No permit shall be issued by any officer of the County for the construction or modification of any building, structure, or improvement which is in violation of this Ordinance. (d) The Subdivision Agent may withhold approval of any application pursuant to this Ordinance which represents or contains any unlawful nonconformities, unless such action is necessary to correct said nonconformities. Sec Fees. There shall be a charge for the examination and approval of every plat and plan reviewed by the Subdivision Agent. At the time of application, the subdivider shall pay a fee in accordance with the current fee schedule as set by ordinance of the Board of Supervisors. The Subdivision Agent shall not review any application for which the appropriate fees have not been paid. Sec Relationship to Private Contracts. This Ordinance shall confer no responsibility upon any public official to enforce any private easement, covenant, agreement, or restriction. However, such contracts shall not be used to circumvent any part of this Ordinance. In the case of any plat and/or requisite plan which shows improvements to be installed and maintained for the benefit of more than a single lot, the Subdivision Agent shall require, as specified herein and as a prerequisite to approval of the plat Page /24/2018

130 and/or plan, that provisions be made for the owners to share responsibilities related to the construction, maintenance, upkeep, or replacement of said improvements. Sec Modifications, Waiver Requests, and Appeals Thereto. (a) Where specifically authorized herein, one or more of the provisions of this Ordinance may be modified or waived by the Subdivision Agent upon demonstration by the subdivider that there exists an unusual situation or where strict adherence to said provisions would result in substantial injustice or hardship. Waivers shall not be issued or used to circumvent any requirement of this Ordinance or other regulation. (b) A waiver or modification request shall be submitted in writing to the Subdivision Agent with or prior to an application for plat/plan review. Such a request shall include a specific statement of relief requested, the nature of the injustice or hardship incurred, and the reasoning why the request should be granted. The Subdivision Agent may reasonably require additional materials related to the request in order to render a decision. Such a decision shall be rendered within thirty (30) days of receipt of the request. Failure to render a decision shall automatically cause for referral to the Board of Supervisors for a decision. (c) Any person aggrieved by a waiver or modification decision made by the Subdivision Agent may appeal that decision to the Board of Supervisors. Such appeal shall be in writing and must be filed with the clerk of the Board within thirty (30) days of the date of the Subdivision Agent's decision. The Board shall consider the appeal during a regular meeting within forty-five (45) days of the date of the appeal. The decision of the Board shall be final and unappealable. Sec Limitation on Validity of Incomplete Applications. Any application for plat or plan review submitted pursuant to this Ordinance which is deemed incomplete or not approvable as submitted shall be deemed void if the applicant fails to make the submittal complete within twelve (12) months of the County notification thereof. This shall apply to any initial submittal for review and any subsequent re-submittal necessary to address written comments from the County or necessary corrections to the initial submittal. In such cases, a new application for review and the associated review fee shall be required. Sec Reserved. Page /24/2018

131 Article III Preliminary Plat and Improvements Plan Requirements. Sec When Required. A preliminary plat and related improvements plan shall be required for any subdivision which simultaneously or via phasing creates 51 or more lots. A preliminary plat may be submitted for any subdivision of 50 or fewer lots at the option of the subdivider. Sec Form and Preparation. The plat and plan shall be prepared by a professional surveyor or engineer licensed by the Commonwealth of Virginia, and shall be compiled as a single document, consisting of black or blue lines on white paper with a maximum overall size of twenty-four inches by thirty-six inches (24 x36 ). The document shall be consistent with the quality and formatting requirements set forth in the Library of Virginia Records Management Standards for Plats. Sec Preliminary Plat and Improvements Plan Information. A preliminary plat and improvement plan shall show: (a) General plat information, including, but not limited to: (1) A title block denoting the name of the proposed subdivision, tax parcel number(s) and source(s) of title for the property to be divided, and original date of plat/plan preparation; (2) The name and address of the owner/subdivider; (3) The name, signature, license number, seal, business address, and contact information for the surveyor or engineer involved in plat/plan preparation; (4) A graphic scale, date, and north arrow (on every page); (5) An area to list revisions and dates; (6) A vicinity map showing the subject property and its relationship to surrounding roads, area names and landmarks, jurisdictional boundaries, etc. at a scale sufficient to determine the location within the County; (7) Tax parcel numbers, owners, and sources of title for all adjacent lots; (8) Acknowledgement of any proffers affecting the property pursuant to any approved conditional zoning; (9) Signature blocks for Orange County Subdivision Agent, Orange County Erosion & Sediment Control Program Administrator, Virginia Department of Transportation, Rapidan Service Authority (or other public utility provider; as applicable), and Virginia Department of Health (as applicable); (b) Existing conditions, including, but not limited to: (1) Boundary lines of the lot(s) to be divided with all bearings and distances labeled according to a current field boundary survey; (2) Total acreage of lot(s) to be subdivided; (3) The zoning district of the subject lots and, in the case of multiple zoning districts, the location where the districts split; (4) Jurisdictional boundaries (i.e. town limits and County lines); Page /24/2018

132 (5) The location, roadway width, right-of-way and/or easement width, right-of-way and/or easement source of title, and name (and route number if applicable) of existing roads; (6) The location of any existing structures, wells, or septic drainfields on or within fifty (50) feet of the property; (7) Known easements, including any easement(s) shown on a plat recorded in the Orange County Circuit Court, along with their respective deed book and page numbers (or instrument numbers) and owners of record; (8) The location of existing entrances in to the property from adjacent state roads; (9) The approximate location and extent of any 100-year floodplain as identified on current FEMA FIRM maps; (10) The location and extent of any mapped dam break inundation zones; (11) The identification and field delineation of any existing wetlands in accordance with the current US Army Corps of Engineers Wetlands Delineation Manual; (12) Existing topography with slopes of fifteen percent (15%) or greater clearly identified; (13) The approximate locations of existing waterbodies, perennial streams, and intermittent streams; (14) A soils analysis and identification of any areas with high potential for shrinkswell qualities; (15) Any cemetery and other place of burial, which shall be delineated and reserved within an open space easement, the boundaries of which shall be no closer than ten (10) feet to the extent of the burial area; (16) The identification of sixth-order watershed boundaries in accordance with the current National Watershed Boundary Dataset; (17) Any historic resources identified on the National Register of Historic Places or the Virginia Landmarks Register; (c) Proposed improvements, including, but not limited to: (1) The number, dimensions, and area of each proposed lot; (2) The minimum setback lines and minimum yards for each proposed lot; (3) The location, right-of-way widths, and names of proposed roads (proposed public roads shall be labeled as dedicated to public use ), provided the proposed road names have been approved by the County s addressing coordinator; (4) The locations, dimensions, and purposes of all proposed easements (proposed public easements shall be labeled as reserved for public use ); (5) Any land to be dedicated to public use in fee simple, reserved for open space, or to otherwise be held in common ownership; (6) A conceptual phasing plan, if applicable; (7) Proposed water and wastewater utilities (including fire protection, if applicable), with details sufficient to receive approval from the entity or entities responsible for their maintenance (for public utilities) OR the locations of proposed wells and septic drainfields to meet VDH requirements; Page /24/2018

133 (8) An erosion and sediment control plan pursuant to Chapter 26 (Erosion & Sediment Control) of the County Code and to applicable state laws; (9) For proposed public roads, road plans which comply with the current Commonwealth Transportation Board Secondary Street Acceptance Requirements (SSAR) and other design requirements in sufficient detail to receive approval from VDOT; (10) For proposed private roads, construction and surfacing details pursuant to the private road standards contained within this Ordinance; (11) All provisions and facilities necessary for stormwater management, pursuant to Virginia Stormwater Management Program regulations. Sec Preliminary Plat and Plan Approval Process. (a) Pre-application conference. Prior to submittal of the application, the subdivider shall confer with the Subdivision Agent regarding the application process, applicable regulations, and the approval process. The Subdivision Agent may forego this step at his/her discretion. (b) Application submittal. The subdivider shall submit at least six (6) copies (2 per review agency) of the preliminary plat and associated improvements plan necessary for adequate review by the Subdivision Agent and other external agencies. The subdivider shall also make available a digital copy of the submittal and any revisions, upon request by the Subdivision Agent. (c) Initial review. Within ten (10) days of the plat/plan submittal, the Subdivision Agent shall determine whether or not the application is complete. If the application is incomplete, the Subdivision Agent shall specify in writing to the applicant the necessary steps for completion. If the application is complete, the Subdivision Agent shall proceed with application review. (d) Agency review. The Subdivision Agent shall arrange for copies of the complete application to be forwarded to VDOT, VDH, RSA (or other public utility provider), the Culpeper Soil & Water Conservation District, and/or any other agency whose review is deemed necessary by the Subdivision Agent. Such agencies shall have up to forty-five (45) days to review the application and provide comments or approvals. If revisions to the application are needed to address comments, the forty-five (45) day review period shall restart from the date of the revised submittal to the agency. (1) Traffic Impact Analysis. In addition to the plat/plan submittal, a supplemental traffic impact analysis shall be submitted pursuant to of the Code of Virginia and pursuant to current VDOT Traffic Impact Analysis Regulations. (2) Town review. Whenever a plat is submitted for a subdivision, any portion of which is within two (2) miles of the Town of Orange or Town of Gordonsville, the Subdivision Agent shall allow for review by the applicable town by requesting comments on the proposal within forty-five (45) days. (3) Dam Break Inundation Zones. For any plat lying wholly or partly within any mapped dam break inundation zone, the Subdivision Agent shall allow for review Page /24/2018

134 and comment on the plat by DCR pursuant to of the Code of Virginia. (e) Subdivision Agent concurrent review. The Subdivision Agent shall complete his/her review of the plat/plan submittal during the agency review period and upon receipt of all approval recommendations from review agencies, he/she shall forward the finalized preliminary plat and improvements plan to the Planning Commission within thirty-five (35) days of receipt of all review agency approvals. (f) Planning Commission review and approval. Within forty-five (45) days after receiving the finalized plat/plan, the Commission shall review and consider the proposal at the next suitable regular meeting or special meeting, if necessary. If the Commission finds that the proposal meets the requirements of this Ordinance, they shall adopt a resolution of approval for the plat/plan. If the Commission finds the proposal does not meet the requirements of this Ordinance, they shall defer action on the proposal until the next regularly-scheduled meeting and shall specify in writing what corrections or modifications would permit approval. If the revised plat/plan adequately addresses the stated corrections or modifications, the Commission shall adopt a resolution of approval for the plat/plan. If the revised plat/plan still does not adequately address the stated corrections or modifications, the Commission shall defer action once again, provided however that they approve or deny the plan/plan within ninety (90) days of the public hearing. If the Commission denies the plat/plan or does not act within the ninety (90) day period, the subdivider may request review by the Circuit Court pursuant to (D) or (E) of the Code of Virginia. (g) Preliminary plat and plan approval. Once the Commission has adopted a resolution of approval for a preliminary plat/plan, the Subdivision Agent shall notify the subdivider in writing of the approval, provide his/her approval signature on the plat/plan along with the date of the Commission approval, and obtain approval signatures from the County Erosion & Sediment Control Program Administrator, VDOT, RSA (if applicable), and any other applicable approval agency. As part of the approval notification, the Subdivision Agent shall also specify what steps may remain in order to obtain permits for construction. Sec Effect of Preliminary Plat and Plan Approval. Approval of a preliminary plat and the associated improvements plan shall authorize: (a) Land disturbing activities, pursuant to permit and bond requirements, in phases if applicable; (b) The construction of the road(s), utilities, and other infrastructure, in phases if applicable, pursuant to permit and bond requirements; and (c) An application for record plat review, provided that: (1) For non-phased subdivisions, the application is made within five (5) years of the date of the Subdivision Agent s approval signature on the preliminary plat/plan. However, once three (3) years have lapsed from the date of approval, and after ninety (90) days written notice by certified mail to the subdivider, the Subdivision Page /24/2018

135 Agent may revoke approval of the preliminary plat/plan upon a specific finding of facts that the subdivider has not diligently pursued approval of the record plat. (2) For phased subdivisions, the application for the initial phase(s) is made within one (1) year of the date of the Subdivision Agent s approval signature on the preliminary plat/plan. The record plat for each subsequent phase shall be recorded within five (5) years of the date of recordation of the record plat for the previous phase. A given phase of development shall be subject to the engineering and construction standards, as well as zoning, in place at the time of recordation of the plat for said phase. (3) Failure to comply with these timeframes for record plat submittal shall cause the preliminary plat and plan to become void. Sec Preliminary Plat and Plan Amendments. The Subdivision Agent may allow for minor deviations from the preliminary plat and plan approved by the Planning Commission. The addition of more building lots or significant changes in the internal road network and/or access to the state road network shall necessitate re-review and approval by the Planning Commission. Regardless of approval or denial, the timeframes for expiration shall remain unchanged. Sec Reserved. Page /24/2018

136 Article IV Record Plat and Improvements Plan Requirements. Sec When Required. A record plat shall be required for: all subdivisions; boundary line adjustments; property consolidations; access, water/wastewater/drainage, stormwater, and public easement dedications; and right-of-way dedications. An accompanying improvements plan shall be required for any road construction, road extension, construction of water, wastewater, and/or drainage lines and facilities, construction of stormwater facilities, and any improvements so required by this Ordinance or by the Subdivision Agent. Sec Form and Preparation. The plat and any associated plans shall be prepared by a professional surveyor or engineer licensed by the Commonwealth of Virginia. Documents shall consist of black or blue lines on white paper with a maximum overall size of eighteen inches by twenty-four inches (18 x24 ) for plats and twenty-four inches by thirty-six inches (24 x36 ) for improvements plans. Plats and plans shall be consistent with the quality and formatting requirements set forth in the Library of Virginia Records Management Standards for Plats, and with the minimum standards and procedures for land boundary surveying practice set forth in the Code of Virginia. Sec Record Plat Information. A record plat shall show: (a) A title block denoting the type of plat, affected property owners names or subdivision name (if applicable), tax parcel number(s) and source(s) of title for the affected properties, phase name/number (if applicable), and original date of plat/plan preparation; (b) The name, signature, license number, seal, business address, and contact information for the surveyor or engineer involved in plat preparation; (c) A graphic scale, date, and north arrow (on every page containing graphic information); (d) An area to list revisions and dates; (e) A vicinity map showing the subject property and its relationship to surrounding roads, area names and landmarks, jurisdictional boundaries, etc. at a scale sufficient to determine the location within the County; (f) Tax parcel numbers, owners, and sources of title for all adjacent lots; (g) The zoning district of the subject lot(s) and, in the case of multiple zoning districts, the location where the districts split; (h) Phases of development, if applicable; (i) Acknowledgement of any proffers affecting the property pursuant to any approved conditional zoning, or any approved variances; (j) Boundaries of the entire affected property/properties (unless otherwise provided for in this Ordinance) with straight lines described by distances to the nearest hundredth of a foot and bearings to the nearest second, and curves described by the radius, arc, and chord to the nearest hundredth of a foot and the delta and chord bearings to the nearest second; (k) Lot numbers in consecutive numerical order (if applicable); Page /24/2018

137 (l) Changes in acreage of affected lots and/or acreages of new lots (if applicable); (m) Jurisdictional boundaries (i.e. town limits and County lines); (n) If any affected properties were acquired via more than a single source of title, the dividing line(s) between the multiple tracts shown as a dashed line; (o) The location, roadway width, right-of-way and/or easement width, right-of-way and/or easement source of title, and name (and route number if applicable) of existing roads; (p) Known easements, including any easement(s) shown on a plat recorded in the Orange County Circuit Court, along with their respective deed book and page numbers (or instrument numbers) and owners of record; (q) The locations of existing entrances and approximate locations of proposed entrances onto adjacent state roads along with distances to the nearest intersection(s); (r) The approximate location and extent of any 100-year floodplain as identified on current FEMA FIRM maps; (s) The location and extent of any mapped dam break inundation zones, or a statement that no the property is not located within any such zone; (t) The identification and delineation of any existing wetlands in accordance with the current US Army Corps of Engineers Wetlands Delineation Manual (if shown as part of a preliminary plat); (u) The extent of any existing waterbodies (with approximate acreages); (v) The approximate locations of perennial streams and intermittent streams, and their names if applicable; (w) Any cemetery and other place of burial, which shall be delineated and reserved within an open space easement, the boundaries of which shall be no closer than ten (10) feet to the extent of the burial area; (x) The location, right-of-way widths, and names of proposed roads (proposed public roads shall be labeled as dedicated to public use ), provided the proposed road names have been approved by the County s addressing coordinator; (y) The locations, dimensions, and purposes of all proposed easements (proposed public easements shall be labeled as reserved for public use ); (z) Easements for temporary cul-de-sacs and turnarounds, if applicable; (aa) The known or readily-observed locations of existing wells, existing septic drainfields (and reserved areas), public water lines, public sewer lines, gas lines, power lines, manholes, and fire hydrants; (bb) Any land to be dedicated to public use in fee simple, or to be held in common ownership; (cc) The boundaries and acreages for any areas reserved for recreational or open space purposes; (dd) Signature blocks for Orange County Subdivision Agent, Virginia Department of Transportation (as applicable), Rapidan Service Authority (or other public utility provider; as applicable), and Virginia Department of Health (as applicable); Page /24/2018

138 Sec Record Plat Notes and Certificates. The following notes and certificates shall appear on the record plat, and shall be executed as appropriate: (a) As a standalone note in bold face: This plat must be recorded within six (6) months of the Subdivision Agent s approval signature or it shall be considered void. (b) I certify that this plat has been prepared in accordance with all County requirements and state code requirements regarding the preparation of plats, including the minimum state standards and procedures for land boundary survey practice, and may be committed to record in the Circuit Court. (to be signed and dated by the surveyor or engineer) (c) The platting and/or dedication of the property shown hereon, being (insert Circuit Court deed book/page number or instrument number and County tax parcel number for each affected property), is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any. (to be signed and dated by all owners; each signature shall be notarized) (d) The (insert type of plat) shown hereon has been reviewed and approved by the undersigned in accordance with existing regulations and may be committed to record. (to be followed by the appropriate signature blocks for review agencies) (e) This plat has been prepared (with / without) the benefit of a title report. (f) A statement as to whether the plat represents a current field survey and/or represents a compilation of deeds and/or plats of record. (g) Addresses, if any, for structures on affected properties. (h) (A portion / Portions) of the (property / properties) shown hereon (is / are) located within FEMA flood zone (A / AE) (areas subject to inundation by the 1%-annual-chance flood event), as shown on FIRM map (insert the number of the map panel(s)), dated (insert the date of the FIRM map). OR (Property / Properties) shown hereon (is / are) located within FEMA flood zone X (areas outside of the 0.2%-annual-chance floodplain). (i) If any affected property is subject to a conservation easement, a note specifying that the easement exists and specifying the deed book/page number or instrument number for the deed of easement. (j) For family subdivisions: This is a family subdivision as defined by the Orange County Subdivision Ordinance. Each lot created hereon as a family subdivision shall be titled in the name of the Page /24/2018

139 immediate family member for whom the subdivision is approved for a period of no less than five (5) years from the date of plat approval. (k) For a plat requiring VDH review and approval: "A copy of the plat showing the approved building, well, and septic field locations, unless otherwise noted, is on file in the Orange County Virginia Department of Health office." (l) For a plat showing the creation of a residual lot greater than six (6) acres in size: Approval of the residue lot shown hereon does not certify or guarantee the presence of adequate soils to support an onsite wastewater treatment system, nor does it guarantee that the lot is deemed buildable by the County. (m) For the creation or extension of a private road: (Insert name of private road) shown hereon is private and its maintenance is not a public responsibility. It shall not be eligible for acceptance into the state secondary system for maintenance until such time as it is constructed and otherwise complies with all requirements of the Virginia Department of Transportation for the addition of subdivision roads current at the time of such request. Any costs required to cause this road to become eligible for addition into the state system shall be provided with funds other than those administered by the Virginia Department of Transportation." (n) For the creation or extension of a public road: (Insert name of public road(s)) shown hereon (is / are) hereby dedicated to public use, and shall be constructed to meet the Virginia Department of Transportation Secondary Street Acceptance Requirements. (This road / These roads), upon meeting the necessary state requirements and with the appropriate petition to the Orange County Board of Supervisors, may be included in the system state highways for maintenance by VDOT, upon VDOT approval. (o) For a plat showing the creation of a private access easement, private road right-of-way, or any new driveway onto an existing state road: Prior to construction of any new entrance and/or road connecting to an existing state road, a VDOT Land Use (Entrance) Permit shall be required in addition to a Land Disturbance Permit issued by Orange County. (p) For a plat showing the reservation of temporary turnaround easements: The area(s) on this plat designated for temporary turnaround(s) shall be constructed and used until (road name(s)) (is / are) extended, at which time the land within the reserved area(s) shall revert to the underlying owners and the turnaround easement shall be deemed abandoned. (q) For a plat showing the vacation of a previous agricultural subdivision and subsequent approval of the lot(s) as buildable: Page /24/2018

140 Approval and recordation of this plat vacates the previous agricultural subdivision recorded in (insert Circuit Court deed book/page number or instrument number for the plat) and hereby creates a lot deemed buildable by the County. Sec Supplemental Requirements for Certain Types of Record Plats. In addition to the requirements of this Ordinance, and/or modified as stated in this section, the following shall apply depending on the type of record plat being submitted: (a) Family Subdivisions. A single division of a lot is permitted for the purpose of sale or gift to a member of the property owner s immediate family, subject to the requirements established by of the Code of Virginia and to the following provisions: (1) The grantor has held the property being subdivided for five (5) or more years; (2) The grantee is an immediate family member of the owner, defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner; (3) No previous transfer under this provision has been granted to the grantee; (4) The grantee is able to hold real estate under Virginia law; (5) Lots created pursuant to this section shall be titled in the name of the grantee for a period of time no less than five (5) years unless such lots are subject to an involuntary transfer due to foreclosure, death, judicial sale, condemnation, or bankruptcy. Such provisions shall be noted as a restrictive covenant in each deed of transfer; (6) The grantor and grantee shall sign an affidavit, in a format approvable by the Subdivision Agent, upon which both parties certify compliance with all requirements of this Ordinance and the Code of Virginia pertaining to family subdivisions; and (7) Draft copies of all deeds associated with a family subdivision shall be submitted along with the requisite plats for review by the Subdivision Agent. (b) Boundary Line Adjustments. Plats showing the adjustment of property lines, or other boundary line(s), between contiguous lots shall be subject to the following provisions: (1) If any lot or property to be adjusted is six (6) acres or less in area, the boundaries of the property shall be shown on the plat in their entirety based on either a current field survey or existing plats of record in the Circuit Court; (2) For lots or properties to be adjusted which are greater than six (6) acres in area, only the area of adjustment and any associated tie/reference lines is required to be field surveyed and shown on the plat; (3) A tabulation table shall be affixed to the face of the plat which denotes the change in acreage for each adjusted lot or property, and where acreages are derived from existing public records, a note shall be affixed specifying as such; (4) Existing encroachments shall be shown and the extent of such encroachments shall be noted, unless the location of the encroachment is not required to be shown pursuant to subsection (2) above; Page /24/2018

141 (5) Adjusted lots shall each meet the minimum lot size and minimum frontage specified by the underlying zoning district. The Subdivision Agent may approve a boundary line adjustment where these minimums are not able to be met, but the adjustment otherwise reduces the extent of an existing lawful nonconformity; (6) The adjustment shall have no effect of circumventing the County Code; and (7) If the area of adjustment is between different property owners, a draft copy of the deed of conveyance shall be submitted along with the requisite plats. (c) Property Consolidations. Plats showing the consolidation of two (2) or more lots or properties into a single property shall be subject to the following provisions: (1) The boundaries of all properties included in the consolidation shall be shown on the plat in their entirety; (2) Boundary information for lots included in the consolidation may be based on either a current field survey or existing plats of record in the Circuit Court, the latter of which is permissible provided a note is affixed to the plat denoting the location of said plat(s) in the Circuit Court; (3) The plat shall clearly show which property lines are being vacated in order to complete the consolidation; (4) A total consolidated acreage shall be clearly denoted on the plat, and where acreages are derived from existing public records, a note shall be affixed specifying as such; and (5) Existing encroachments located along the perimeter of the property (postconsolidation), if observed as part of a field survey, shall be shown and the extent of such encroachments shall be noted. (d) Agricultural Subdivisions. Plats showing the creation of a lot for bona fide agricultural purposes shall be subject to the following: (1) Approval of the plat by VDH and VDOT shall not be required, provided the lot on the plat is clearly marked with the following statement: Not approved as a residential or commercial building lot ; (2) The deed for the lot shall clearly indicate that it is approved as an agricultural subdivision and not approved as a residential or commercial building lot; (3) Prior to any non-agricultural development of the lot, the previous plat showing the agricultural subdivision shall be vacated and a new subdivision plat approved pursuant to this Ordinance. For the purposes of this section, non-agricultural development shall refer to any residential, commercial, or industrial uses and/or structures, but not intensive livestock facilities otherwise regulated by the Zoning Ordinance. Sec Multiple Actions on a Single Record Plat. Record plats submitted for review and approval pursuant to this Article shall generally contain only one (1) type of action per plat, and shall each be subject to individual fees for plat review. The Subdivision Agent, at his/her sole discretion, may allow a single application for record plat Page /24/2018

142 review for multiple actions on a property (e.g. a consolidation and subsequent subdivision of two adjacent lots). This is provided he/she determines, via a pre-application request by the subdivider, that the clarity of the plat information and the actions being performed are not hindered by being shown on a single plat. Sec Improvements Plan Information. (a) An improvements plan for any road, sidewalk, water/sewer, stormwater, or other physical improvements required as part of the development which are related to any of the following types of development shall be submitted with the record plat review application: (1) Any plat which requires the construction of a new road to serve three (3) or more lots, or the extension of an existing road which cumulatively serves three (3) or more lots; (2) Any plat which requires the installation of sidewalks and/or street lights; (3) Any plat which requires the installation of stormwater facilities and infrastructure; (4) Any plat to be served by public water and/or sewer; (5) Any plat to be served by a community water and/or sewer system; and (6) Any unique situation not listed above for which physical improvements are required by County Code or by the Subdivision Agent. (b) Plans shall be drawn to meet applicable County requirements, and/or to the specifications and standards of the agency to be responsible for maintenance of the improvements. (c) Plans shall show, at a minimum: (1) If the proposed improvements connect to or are an extension/continuation of existing improvements within or adjacent to the development, the extent and location of the existing improvements; (2) If existing improvements must be upgraded, information and details regarding how the upgrade will be completed; (3) The alignment and/or location of the proposed improvements with easements/rights-of-way delineated; (4) For utilities: installation and construction details for the improvements; (5) For sidewalks, roads, and other travelways: typical cross section diagrams; (6) For private roads: the location of existing utilities, the existence of shrink/swell soils, existing topography and proposed grading, the location of streams/ponds, wetlands, and stream crossing details; (7) An erosion and sediment control plan pursuant to Chapter 26 (Erosion & Sediment Control) of the County Code and to applicable state laws; (8) Signature blocks for Orange County Subdivision Agent, Orange County Erosion & Sediment Control Program Administrator (as applicable), Virginia Department of Transportation (as applicable), Rapidan Service Authority (or other public utility provider; as applicable), and Virginia Department of Health (as applicable); and Page /24/2018

143 (9) The overall layout of the property and other plat information as shown on the record plat in a level of detail necessary to understand the extent of the proposed improvements on the property. (d) Nonresidential subdivisions, which are otherwise subject to the minor site plan or major site plan requirements of the Zoning Ordinance, are exempt from this section. (e) A preliminary plat and its associated improvements plan approved pursuant to this Ordinance shall be deemed as meeting the requirements of this section. Sec Record Plat and Improvements Plan Approval Process. (a) Application submittal. The subdivider shall submit at least seven (7) copies of the record plat, at least three (3) copies showing proposed building, well, and septic field locations for VDH review (as applicable), and at least two (2) copies per review agency for an associated improvements plan. The Subdivision Agent may require a submittal of draft deeds at his/her discretion. (b) Initial review. Within ten (10) days of the plat/plan submittal, the Subdivision Agent shall determine whether or not the application is complete. If the application is incomplete, the Subdivision Agent shall specify in writing to the applicant the necessary steps for completion. If the application is complete, the Subdivision Agent shall proceed with application review. (c) Agency review. If necessary, the Subdivision Agent shall arrange for copies of the complete application to be forwarded to VDOT, VDH, RSA (or other public utility provider), the Culpeper Soil & Water Conservation District, and/or any other agency whose review is deemed necessary by the Subdivision Agent. Such agencies shall have up to forty-five (45) days to review the application and provide comments or approvals. If revisions to the application are needed to address comments, the forty-five (45) day review period shall restart from the date of the revised submittal to the agency. (1) Traffic Impact Analysis. For subdivisions required to install a second entrance pursuant to this Ordinance, and in addition to the plat/plan submittal, a supplemental traffic impact analysis shall be submitted pursuant to of the Code of Virginia and pursuant to current VDOT Traffic Impact Analysis Regulations. (2) Dam Break Inundation Zones. For any plat lying wholly or partly within any mapped dam break inundation zone, the Subdivision Agent shall allow for review and comment on the plat by DCR pursuant to of the Code of Virginia. (d) Subdivision Agent review. If agency review is required, upon receipt of all approval recommendations from review agencies, the Subdivision Agent shall act on the record plat and any associated improvements plan within thirty-five (35) days of receipt of all review agency approvals. If agency review is not required, the Subdivision Agent shall act on the submittal within sixty (60) days of receipt of the application, or if revisions are Page /24/2018

144 required by the Subdivision Agent, within forty-five (45) days of receipt of the last resubmittal deemed approvable. (e) Record plat and plan approval. Once the submittal is deemed approvable, the Subdivision Agent shall notify the subdivider of the approval, and provide his/her approval signature on the plat/plan along with the date of approval. Approval may be given only after any sureties and/or agreements have been posted as may be required by this Ordinance. As part of the approval notification, the Subdivision Agent shall also specify what steps may remain in order to obtain permits for construction. The subdivider shall also make available, upon request by the County, a digital copy of the final submittal. If the Subdivision Agent denies the plat/plan or does not act within the required review periods, the subdivider may request review by the Circuit Court pursuant to (D) or (E) of the Code of Virginia. (f) Recordation in the Circuit Court. Any plat approved pursuant to this Ordinance shall be recorded in the Circuit Court by the owner within six (6) months of approval by the County, or shall be considered void. This period may be extended to one (1) year pursuant to (8) of the Code of Virginia. The owner shall provide the County with a copy of the receipt of recordation once completed. Sec Effect of Record Plat and Plan Approval. Approval of a record plat and any associated improvements plan, and recordation of the record plat, shall authorize: (a) The sale or transfer of property, if applicable; (b) Land disturbing activities, pursuant to permit and bond requirements, in phases if applicable (if not already started pursuant to a preliminary plat/plan); (c) The construction of the road(s), utilities, and other infrastructure, in phases, if applicable, pursuant to permit and bond requirements (if not already started pursuant to a preliminary plat/plan); and (d) Applications for building construction, provided that any required improvements have been constructed according to the approved plans or the appropriate surety and agreements for said improvements have been submitted to the County. Sec Reserved. Page /24/2018

145 Article V Bonding, Improvement Guarantees, and Certifications of Improvements. Sec Bonds and Guarantees; Generally. Any subdivider who does not complete all improvements required pursuant to an approved plan, prior to approval of the corresponding record plat, shall enter into an agreement with the County regarding completion of said improvements. The agreement shall specify the improvements needed and a timeframe for completion agreed to by the parties. The agreement shall be accompanied by a bond to guarantee completion of the improvements. (a) The agreement and amendments thereto shall be subject to approval by the County Attorney; (b) The bond may be in the form of cash, a certified check, a performance bond, letter of credit, or other collaterally-assigned funds acceptable to the County attorney in an amount sufficient to cover construction of all improvements. Any such bond must be issued by a company licensed to transact business in the Commonwealth of Virginia; (c) An itemized bond estimate shall be provided by the subdivider, subject to approval by the County, based on current unit prices, and which shall include a reasonable contingency allowance for inflation, administrative costs, and other unforeseen items which shall not exceed twenty-five percent (25%) of the estimated construction costs. Said estimate shall be prepared by a licensed professional or contractor who is knowledgeable of the project. (d) The County may call the funds guaranteed by the bond if the subdivider fails to renew the bond in a timely manner (if applicable), if the Subdivision Agent determines that the improvements plan has not been diligently pursued, or if completion of the improvements is necessary to protect the public health, safety, or general welfare. Sec Public Road Bonds. For plats whereby one or more roads have been dedicated to public use, in addition to any other required bonds, the County shall accept a bond dedicated solely to the construction and maintenance of said road(s) and related right-of-way improvements, along with a contingency amount of ten percent (10%). Any such bond must be issued by a company licensed to transact business in the Commonwealth of Virginia. The County shall retain this bond until VDOT has inspected and/or has been furnished a report confirming that the road construction meets VDOT requirements. Only after this may a bond reduction be granted, provided that a portion of the bond is retained in amount sufficient to cover projected maintenance of the road(s) for a period of time satisfactory to the County and to VDOT. At no point shall this bond be released until the necessary maintenance bonds have been posted with VDOT as required as part of the road acceptance process. Sec Certification of Improvements. The Subdivision Agent may confirm installation of a private road for the purposes of verifying adequate completion prior to bond release, or at his/her discretion may require a certificate of completion to be provided by a licensed engineer or land surveyor. For all other improvements, Page /24/2018

146 the Subdivision Agent shall rely on written confirmation of acceptance of the improvements by the agency or entity responsible for maintenance (if applicable), or on a certificate of completion by a licensed engineer or land surveyor. Sec Inspections of Improvements. The application for preliminary and/or record plat review shall constitute consent by the subdivider to all County officers, public utility providers, and state agencies responsible for permitting and approving improvements required pursuant to this Ordinance to enter upon the property at all reasonable times for the purpose of conducting periodic inspections. This consent shall expire upon completion and acceptance of all required improvements and upon release of any bond(s). Sec Bond Reductions and Releases. Procedures and requirements for the periodic partial reductions and complete release of any bond accepted pursuant to this Ordinance shall be in accordance with of the Code of Virginia. Sec Reserved. Page /24/2018

147 Article VI Vacations of Recorded Plats and Parts Thereof. Sec Vacation of Interests Granted to the County. Any County interest in roads, alleys, easements for public rights of passage, drainage easements, and public utility easements may be vacated in accordance with the procedures established in of the Code of Virginia. Sec Vacation of Plats Prior to Sale of Lot(s). For any subdivision plat whereby no lot, or portion thereof, has been sold or otherwise transferred to a grantee, the record plat or part thereof may be vacated according to either method established by of the Code of Virginia, with agreement by the Subdivision Agent as to the method. Sec Vacation of Plats After Sale of Lot(s). (a) For any subdivision plat whereby a lot or lots, or a portion/portions thereof, have been sold or otherwise transferred, the record plat or part thereof may be vacated according to either method established by of the Code of Virginia, with agreement by the Subdivision Agent as to the method. (b) Any vacation completed pursuant to subsection (a) shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any roads, alleys, or easements for public passage so vacated in the owners of abutting lots. This vesting shall be free and clear of any rights of the public or other owners of lots shown on the plat, but shall be subject to the rights of the owners of any public utility installations which have been previously erected therein. If any road, alley, or easement for public passage is located on the periphery of the plat, the title for the entire width thereof shall vest in the abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the plat free and clear of any rights of public use in the same. Sec Reserved. Page /24/2018

148 Article VII Layout and Design Standards. Division I Generally. Sec Subdivision Name. If a subdivision is proposed to be named, the name shall be clearly stated in the title of the plat. Subdivisions simultaneously creating eleven (11) or more lots shall be required to be named. A subdivision name shall not duplicate, closely resemble, or approximate phonetically the name of any existing subdivision in the County. Changes to any subdivision name shall be subject to review and approval by the Subdivision Agent. Any such change must be recorded in the Circuit Court in a format approvable by the Subdivision Agent. Sec Phasing of Development; Development Agreements. Any subdivision containing twenty (20) or more lots may be platted, approved, and completed in phases. No phase of development permitted by this section may contain fewer than ten (10) lots. Individual phases shall be subject to the utilities, zoning, plat standards, and other requirements in place at the time of platting, permitting, and/or construction. In situations where said requirements have changed significantly, the Subdivision Agent may enter into a development agreement in lieu of an improvements plan amendment. Such an agreement shall specify what improvements must be completed, the construction details for the improvements, and a reasonable timeframe by which the improvements must be completed. The agreement shall be approved by the Subdivision Agent, the County Attorney, and recorded in the Circuit Court. Sec Plats Straddling Jurisdictional Boundaries. (a) Plats for properties which lie within multiple jurisdictions shall be approved by representatives of all affected jurisdictions. Whenever access to a property is required across land in an adjacent jurisdiction, the owner/subdivider shall demonstrate on the plat that access is legally established and adequately improved to any extent necessary. (b) In general, lot lines shall be drawn so as not to cross jurisdictional boundaries. (c) For properties which straddle a boundary between an adjacent county, the Subdivision Agent may approve a plat creating a new lot or modifying an existing lot which results in the lot not meeting the minimum lot standards for the respective zoning district. This is provided that the new or revised lot lines follow the shared county line such that the lot is no longer situated within more than one county. (d) Where the exact location of the County boundary is ambiguous, the location of the boundary line shall be taken from existing plats of record for adjacent and/or nearby properties in order to establish a linear and consistent record of the line. The Subdivision Agent may allow other means of determining the boundary line location provided such means promote consistency of the boundary line location in the public record. Sec Monumentation. As a requisite for completion of a plat, reference monuments shall be set in the field by the surveyor as follows: Page /24/2018

149 (a) For public road rights-of-way. Monuments consistent with the standards of the VDOT Road and Bridge Standards shall be set at every property corner and every change of property line direction. (b) For other lot corners and reference points. Monuments, being iron rods, pipes, or other similar permanent material, shall be set at every property corner, every change of property line direction, and at every reference point as set forth in subsection (c) below. (c) Reference monuments. Where it is not physically feasible to set monuments at property corners, such as with the case of stream meanders, bodies of water, wetlands, prescriptive easements, etc., reference monuments shall be set along the subject property line(s) and marked appropriately on the plat. Sec Waterbodies and Waterways. (a) No more than twenty percent (20%) of the area of a lot, so required by this Ordinance and/or the Zoning Ordinance, shall be under water. Lots held in common ownership by a homeowners association or other owners association, held by a public entity, or created for stormwater management purposes shall be exempt from this provision. (b) Lots which contain established FEMA floodplain and/or a mapped dam break inundation zone shall contain enough area outside of the floodplain and/or dam break inundation zone to accommodate a buildable area and associated improvements, or to otherwise be developable. Lots held in common ownership by a homeowners association or other owners association, held by a public entity, or created for stormwater management purposes shall be exempt from this provision. (c) Where a property line is drawn along the course of a waterway, the line shall generally be drawn so as to follow the meandering center of the waterway. Sec Reserved. Division II. Design and Arrangement of Lots. Sec Arrangement. The arrangement of lots and property lines shall be such that there will be no foreseeable difficulties, related to topography, access, utilities, or other conditions, in securing permits for construction and in providing driveway access. The Subdivision Agent shall have the sole discretion to determine what constitutes a foreseeable difficulty. Sec Lot Size. (a) Lot sizes shall conform to the minimum standards contained in the Zoning Ordinance, except as provided herein or elsewhere in this Ordinance. (b) Lots created for stormwater management or other utility purposes may be less than the minimum lot size specified in the respective zoning district. (c) For any lot located within two (2) or more zoning districts (i.e. a split-zoning ), any adjustment of property lines or subdivision shall ensure the area contained within each zoning district on each lot meets the minimum lot size for said district. This is to avoid the creation of an otherwise unusable piece of land. Page /24/2018

150 Sec Lot Shape. (a) The shape of lots within the Agricultural (A) zoning district shall conform to the following provisions: (1) The shape of lots six (6) acres in size or less shall generally be rectangular or some reasonable variation thereof as may be permitted by the Subdivision Agent to overcome a unique topographical situation or other situation not generally affecting adjacent lots. Except for pipestems as provided herein, lots shall not contain unusual elongations to meet minimum area, frontage, or other requirements. (2) Except where may be stated in this Ordinance or elsewhere in this Code, lots larger than six (6) acres shall have no minimum standards for shape. (3) Pipestem lots may be permitted as follows: i. The maximum length of the pipestem portion of the lot shall be sevenhundred and fifty (750) feet and the width of the pipestem shall generally be fifty (50) feet. ii. No two (2) pipestems may be adjacent. iii. The pipestem portion of the lot, if subject to an access easement, shall not provide access for more than two (2) lots. iv. In a subdivision under a common plan of development which simultaneously creates eleven (11) or more lots, no more than ten percent (10%) of lots may have pipestems. This figure may be thirty percent (30%) for cluster developments. (b) The shape of lots within any residential zoning district shall conform to the following provisions: (1) Lots shall generally be rectangular in shape with side lot lines at approximate right angles to the front lot line. The Subdivision Agent may allow for minor deviations from this provision to overcome a unique topographical situation or other situation not generally affecting adjacent lots. Except for pipestems as provided herein, lots shall not contain unusual elongations to meet minimum area, frontage, or other requirements. (2) Pipestem lots may be permitted as follows: i. The maximum length of the pipestem portion of the lot shall be fivehundred (500) feet and the minimum width of the pipestem shall generally be fifty (50) feet. ii. No two (2) pipestems may be adjacent. iii. The pipestem portion of the lot, if subject to an access easement, shall not provide access for more than two (2) lots. iv. In a subdivision under a common plan of development which simultaneously creates eleven (11) or more lots, no more than twenty percent (20%) of lots may have pipestems. This figure may be thirty percent (30%) for cluster developments. Page /24/2018

151 (c) Lots for nonresidential uses shall be predominantly rectangular in shape. Pipestem lots are not permitted. These standards shall not apply to lots created for stormwater management or other utility purposes. Sec Lot Orientation. Except as may be allowed by the Zoning Ordinance or elsewhere in this Ordinance, all lots shall be oriented to face the front lot line such that the lots abut and are served by a road right-of-way or access easement. Unless allowed by the Subdivision Agent for unusual situations or for subdivisions under common plans of development, lots shall be oriented such that rear property lines do not abut the side property line(s) of any adjacent property. Sec Lot Frontage. (a) Every lot shall have the minimum frontage required by its respective zoning district, except as provided in Sec , and except in the case of cul-de-sacs or other approved turnarounds in which the minimum frontage shall be seventy (70) feet. (b) Corner lots and other lots with two (2) or more frontages shall be considered as having multiple distinct frontages, each meeting the minimum length required by their respective zoning district(s). (c) Double and triple frontage lots shall be prohibited except where deemed necessary by the Subdivision Agent to provide separation of residential development from arterial highways via service roads, or to overcome specific disadvantages of topography and orientation. Where allowed, the frontage along the arterial highway and/or other secondary frontage shall be clearly identified with a hashed area on the plat and a statement that no access may be provided across said frontage(s). Sec Residual Lots. (a) Residual lots shall be considered lots for the purpose of this Ordinance and the Zoning Ordinance, and shall meet all applicable requirements related thereto unless otherwise exempted by this Ordinance. (b) Residual lots shall be a single lot and may not contain multiple parts, and must be labeled appropriately on the plat. For properties already in multiple parts, the residue shall not be further partitioned beyond what already exists. (c) Residual lots that do not meet the minimum lot requirements must be added to adjacent lots or otherwise disposed of rather than remain unusable lots. (d) Any residual lot six (6) acres or less in size must be surveyed and shown in its entirety on the plat. (e) Any residual lot greater than (6) acres in size may forego plat approval by VDH, provided the appropriate note regarding residual lots is affixed to the face of the plat. Sec Lots Bisected by Right-of-Way Dedications/Reservations. (a) Any lot which was bisected or otherwise split by a previous dedication/reservation of public right-of-way, where such dedication/reservation was requested, acquired, or required by the County or the Commonwealth of Virginia, shall remain considered as a single lot. However, the Subdivision Agent may approve a subdivision plat showing the Page /24/2018

152 resulting pieces as separate lots, despite the presence of nonconformities introduced by the right-of-way dedication. Such an approval shall be pursuant to all requirements of this Ordinance regarding approval of plats except with regards to said nonconformities. In such situations, existing plats recorded in the Circuit Court may be used in lieu of a current field survey in order to produce the record subdivision plat. (b) Any new dedication/reservation of public right-of-way which bisects or otherwise splits an existing lot shall not create any nonconforming lots. If this situation is unavoidable, said lots shall be considered not buildable until the nonconforming situations are corrected. Sec Reserved. Division III. Design and Arrangement of Blocks. Sec Standards; Relationship to Zoning Ordinance. For subdivisions which utilize a grid and/or parallel arrangement of roads which form blocks of lots, this division shall prescribe standards for the design and arrangement of blocks. The utilization of such a street pattern shall be preferred for subdivisions in residential zoning districts. Where a particular zoning district prescribes standards for blocks, those particular standards of the district shall control. The Subdivision Agent or the Commission, as the case may be, may modify standards in this section whereby the modification better serves a transportation or utility need or better addresses issues related to topography. Sec Block Length. In the Agricultural (A) zoning district, blocks shall have a maximum overall length of sixteen hundred (1,600) feet. In a residential zoning district, blocks shall have a maximum overall length of eight hundred (800) feet or no more than ten (10) contiguous lots, whichever is the shorter distance. Sec Block Width. The width of a given block shall be wide enough to accommodate two (2) tiers of lots in addition to any space in the between the tiers for alleys, pedestrian features, and other shared infrastructure. The Subdivision Agent may approve a single tier of lots for situations where the subdivision abuts an arterial or collector road, railroad, or where topography or other conditions makes more than one tier impractical. Sec Block Orientation. Where a proposed subdivision adjoins a collector or arterial road, blocks shall be oriented so that direct access is prohibited to such roads and so that ingress and egress in general is minimized. Sec Blocks for Nonresidential Uses. The design of blocks for nonresidential uses shall be determined by the Subdivision Agent based on principles of good traffic circulation, efficient utility layout, limitation of grading, and buffering of adjacent properties and uses. Sec Reserved. Page /24/2018

153 Article VIII Road and Access Standards. Division I. Generally. Sec Dedication of Rights-of-Way. All rights-of-way created as part of a subdivision or by other means shall be dedicated to the County on the record plat unless otherwise specifically provided for in this Ordinance. Sec Road Names. (a) A road name shall be required for any road serving three (3) or more lots or any existing road upon which property is subdivided such that the road cumulatively serves three (3) or more lots. New road names shall not duplicate, closely resemble, or approximate phonetically existing road names. The approval of new road names shall be at the sole discretion of the County official who is responsible for addressing. (b) Renaming of any private road which is shown as being named on a plat recorded in the Circuit Court shall be at the discretion of both the Subdivision Agent and the County official who is responsible for addressing. Any such change must be recorded in the Circuit Court in a format approvable by the Subdivision Agent. (c) Renaming of any public road is at the sole discretion of the Board of Supervisors. Sec Verification of Access to State Road Network. No plat required pursuant to this Ordinance shall be approved unless there is written and/or graphic verification that the property shown on the plat has legal, legitimate access to the state road network. The Subdivision Agent may rely on whatever means necessary to verify this requirement, or may waive this requirement if he/she determines such a verification to be unnecessary for plat approval. Sec Road Name Signs; Addressing. A road name sign shall be required for every road named pursuant to the above section. Sign design and installation shall be in accordance with County standards and VDOT standards, if applicable. Installation of signs shall be the responsibility of the County, the entire costs for which shall be paid by the subdivider. Subdivisions which cause an existing road to be named shall also necessitate readdressing of any existing properties along said road. Sec Condition of Roads Prior to Construction. Before lots along a given road created or extended as part of subdivision may be eligible for permits for construction, the following shall apply: (a) Private roads must be completely installed to meet the standards of this Ordinance. (b) Publicly-dedicated roads in non-phased developments must have at least the subbase, base course, and curb and gutter (if applicable) installed according to the approved road plans. (c) Publicly-dedicated roads in phased developments must have at least the subbase, base course, and curb and gutter (if applicable) installed in the first phase according to the approved road plans. Before permits for construction may be issued for the following Page /24/2018

154 phase(s), at least the intermediate/binder pavement course must be installed for the roads in the preceding phase. Sec Reserved. Division II. Standards for Roads and Access. Sec Approval, Construction, and Maintenance Standards. Roads and driveways shall be constructed and maintained as follows: (a) Driveways. Any vehicular travelway created to serve one (1) or two (2) lots shall be considered a driveway for the purposes of this Ordinance, and may be constructed and maintained at the discretion of the owners. However, any lot which is served by a driveway onto a private road shall be considered served by said private road for the purposes of subsections (b) and (c) below. i. The Subdivision Agent may grant a modification to the requirements of this subsection for a situation in which an owner of a property with an existing driveway onto a state road wishes to grant an easement elsewhere on the property for a driveway to serve up to two (2) new lots. This modification may be used to exclude the consideration of the lot granting the easement as being served by said easement. There may be only one (1) such modification granted per lot and the subdivision plat shall properly denote this arrangement. (b) Private roads. Except as provided in Sec below, any road serving up to ten (10) lots may be privately constructed and maintained, subject to being approved as a private road via resolution by the Planning Commission. Such approvals, and denials as the case may be, shall be at the sole discretion of the Commission. In making its decision on a private road request, the Commission shall consider impacts of the proposed road and its resulting development related to: the future land use objectives of the Comprehensive Plan; the adequacy and safety of the state road network in the area; the availability of other means of accessing the property; sensitive environmental areas; the suitability of the land for utilities; and the proximity and arrangement of neighboring properties. The Planning Commission may impose reasonable conditions on any approval of a private road to address identified impacts. A denied request shall be final and unappealable. (c) Private road standards. The standards governing the construction, maintenance, and usage of all private roads shall be as follows: Page /24/2018

155 i. Construction standards: Total Number of Lots Served A Surface Width B Ditch / Clear Zone Width 3-4* 14 feet 2 feet C Subbase Compacted earth or other solid material feet 4 feet 6 compacted aggregate base material (VDOT 21A or 21B stone) 6 compacted aggregate base feet 6 feet material (VDOT 21A or 21B stone) with a CBR of 10 *The center of the roadway may be grassed and/or non-surfaced D Surface 6 min. compacted aggregate 2 surface aggregate Prime and double seal or min. 2 asphalt concrete ii. Grades. No portion of a private road shall exceed a grade of ten percent (10%). iii. Vertical clearance. The area between the roadway surface upward a minimum of fourteen (14) feet shall remain clear of tree branches and other obstructions. iv. Drainage; culverts. All culverts and other means of drainage for private roads shall be designed and constructed in accordance with the VDOT Road and Bridge Standards. v. Turnarounds. A private road serving five (5) or more lots shall have a turnaround provided and constructed within the easement or right-of-way pursuant to either of the following: Page /24/2018

156 vi. Easement/Right-of-Way Termini. Where a private road does not extend beyond the boundary of the subdivision and its continuation is not required for access to adjoining property at the time of approval, the end of the road easement/right-ofway shall be no closer than fifty (50) feet to an adjoining property. However, the Subdivision Agent or Planning Commission may require the reservation of an appropriate easement that extends beyond the end of the road easement/right-ofway to accommodate drainage facilities, pedestrian traffic, utilities, or an anticipated potential future vehicular connection. vii. Floodplain. Private roads shall not be constructed within any area designated on FEMA Flood Insurance Rate Maps (FIRMs) as flood zone A or AE (areas subject to inundation by the 1%-annual-chance flood event). viii. Zoning. A private road shall not traverse a given zoning district in order to provide access to property in another zoning district. ix. Parking. Parking within a private road easement or right-of-way is prohibited except in any areas, outside of the travelway(s), which may be approved to be dedicated for parking. x. Intersections. Where two (2) private roads intersect, or where a private road intersects with a state road, the angle of that intersection shall be no less than seventy (70) degrees. A minimum return radius of twenty-five (25) feet shall be utilized between intersecting private roads. The minimum sight distance at any such intersection shall be two-hundred (200) feet. Sight distance easements may be utilized to achieve this requirement. (d) Public Roads. Any road serving eleven (11) or more lots, and/or any road serving ten (10) or fewer lots not otherwise approved by the Planning Commission as a private road, shall be constructed to meet the current VDOT standards (including, but not limited to, the Secondary Street Acceptance Requirements, VDOT Road and Bridge Standards, and VDOT Road Design Manual), including the dedication of the rights-of-way for public use. Any existing road upon which property is divided such that the road cumulatively serves eleven (11) or more lots shall be improved to meet the these standards. Such a road improvement shall be up to and including the frontage of the subdivided lot(s). Page /24/2018

157 (e) Nonresidential Roads. Any road constructed to serve two (2) or more lots used for nonagricultural commercial or industrial uses shall be constructed to meet current VDOT standards (including, but not limited to, the Secondary Street Acceptance Requirements, VDOT Road and Bridge Standards, and VDOT Road Design Manual), including the dedication of the rights-of-way to public use. (f) Relationship to Zoning Ordinance. Where the Zoning Ordinance prescribes standards and other criteria related to road construction and maintenance, those provisions shall control. Sec Road Maintenance Agreements for New Private Roads. (a) A road maintenance agreement, which specifies the perpetual responsibilities, procedures, and standards related to any private road easement/right-of-way shall be submitted along with an application for plat review. This agreement shall be reviewed and approved by the County Attorney and the Subdivision Agent, and subsequently recorded in the Circuit Court along with the approved plat. The Subdivision Agent shall make available a draft agreement template for use by subdividers, which may be modified at will by the Subdivision Agent or County Attorney. Any such agreement shall include, at a minimum, provisions related to the following: (1) The roads in the subdivision are private in nature and shall not be maintained by VDOT or any other public agency, and that the maintenance and improvements thereof shall be the mutual obligation of the landowners abutting said roads; (2) Such private roads shall not be taken into the state highway system unless and until the abutting landowners shall have constructed the private roads in accordance with VDOT specifications, made the necessary right-of-way dedication(s), and thereafter the Board of Supervisors shall have recommended that said road be taken into the state system of highways; (3) Failure of the owners to adequately maintain the roadway may inhibit the ability of the County to provide emergency services to the lots, any liability for which shall be borne among the owners; (4) The provision of Orange County public school bus services on the private road(s) is not guaranteed or implied. The suitability for any private road for school bus services and routes shall remain at the discretion of the Orange County School Board; (5) Regulation of parking within the private road and easement; (6) Perpetuity of the agreement; (7) Designation of a neighborhood road agent to handle road matters; (8) Provisions for majority of owners to initiate road projects; (9) Provisions to enforce the agreement; (10) Provisions for a lien to be placed on any owner who fails to pay his/her proportionate share of the costs of maintenance or repair; (11) Establishment and maintenance of a road maintenance fund; (12) Provisions to address the joinder of future lots to the agreement; Page /24/2018

158 (13) A signature block for the County Attorney to approve the document as to form; and (14) A signature block for the Subdivision Agent to approve to the document as to compliance with this section. (b) The deed for each lot served by a private road shall reference the recorded road maintenance agreement. Sec Road Maintenance Agreements for Existing Private Roads. (a) Any subdivision on an existing private road which does not require extension of said road, but where said road lacks a recorded road maintenance agreement, Planning Commission approval of the subdivision shall be required pursuant to Sec above. If said road is subject to a recorded road maintenance agreement, approval of the subdivision may be provided by the Subdivision Agent pursuant to this Ordinance. (b) For any extension of an existing private road, so approved by the Planning Commission, which lacks a recorded road maintenance agreement, as a requisite for plat approval a road maintenance agreement shall be required for at least eighty percent (80%) of existing lots which utilize the private road, in addition to the newly-created lots. The agreement shall comply with the requirements of Sec Sec Individual Road, Access, and Road Network Design Standards. (a) Right-of-way widths. The minimum width of any access easement or right-of-way shall be as follows: (1) Fifty (50) feet for conventional subdivisions and other developments. If any portion of a road serving a proposed subdivision is within an easement or right-ofway less than fifty (50) feet in width, the width of the entire easement or right-ofway shall be increased to fifty (50) feet up to and including the frontage of the subdivided lot(s). (2) Twenty (20) feet for family subdivisions or for any easement or right-of-way serving only two (2) lots. In either case, if a future conventional subdivision occurs along said easement or right-of-way, the width of the entire easement or right-of-way shall be increased to fifty (50) feet up to and including the frontage of the subdivided lot(s). (3) Fifteen (15) feet for pedestrian access easements. (b) Utilization of Subdivision Road for Access. Lots within any subdivision which is served by an internal subdivision road serving five (5) or more lots shall utilize the subdivision road for access and shall not have entrances onto a state primary or secondary highway. (c) Multiple Points of Access. Any subdivision which creates forty (40) or more lots as part of a common plan of development shall comply with the following: Page /24/2018

159 (1) For the primary purpose of traffic dispersion, there shall be at least two (2) improved points of access to the development. (2) The second access point shall be either constructed or properly permitted and under construction before permits may be issued for construction on the fortieth (40 th ) lot. (3) If the subdivision only has frontage on one (1) existing state road, the entrances shall be separated by at least five-hundred (500) feet centerline-to-centerline unless a greater distance is required by any County or VDOT access management regulations. If the subdivision has frontage on two (2) or more existing state roads, the entrances shall be provided on differing roads. (4) Lots within the subdivision shall utilize the internal subdivision roads for access. For any lots with frontage along an arterial highway and/or other secondary road, such frontage(s) shall be clearly identified with a hashed area on the plat and a statement that no access may be provided across said frontage(s). (5) Multiple adjacent properties under common ownership shall be considered a single project and/or plan of development for the purposes of this Ordinance. Such an arrangement shall not be utilized to circumvent the provisions of this section, the road construction and maintenance standards, or any other provision of this section. (d) Subdivisions Fronting on Arterial and/or Primary Roads. Any subdivision which borders or contains an arterial and/or primary highway, per current functional classification assignments, shall comply with the following: (1) Individual subdivisions of land. For individual subdivisions of land where the arterial/primary road provides the sole property access, shared driveway access shall be required so that no property has an exclusive access point to the road. Irrespective of property lines, entrances shall be separated by at least six-hundred (600) feet centerline-to-centerline where the legal speed limit is greater than or equal to fifty miles per hour (50 mph), and at least five-hundred (500) feet where the legal speed limit is up to forty-five miles per hour (45 mph). If a greater distance is required by any County or VDOT access management regulations, that regulation shall control. Where achieving consistency with these provisions is not possible due to proliferation of existing entrances, the subdivider shall seek another access option to meet the standards of this Ordinance. (2) Subdivisions with common plans of development. For subdivisions which involve the creation of a subdivision road to serve the development, the location of the subdivision road intersection with the arterial/primary highway shall comply with the spacing standards contained in subsection (1) above. Additionally, lots along the subdivision road or other non-primary road and those otherwise served by such a road shall be prohibited from having direct access to the arterial/primary highway. For such lots, frontage(s) along the arterial/primary highway shall be clearly identified with a hashed area on the plat and a statement that no access may be provided across said frontage(s). Page /24/2018

160 (e) Subdivisions Fronting on Major Collector Roads. Any subdivision which borders or contains a major collector road, per current functional classification assignments, shall comply with the following: (1) Individual subdivisions of land. For individual subdivisions of land where the major collector road provides the sole property access, shared driveway access shall be required so that no property has an exclusive access point to the road. Irrespective of property lines, entrances shall be separated by at least fourhundred and fifty (450) feet centerline-to-centerline where the legal speed limit is greater than or equal to fifty miles per hour (50 mph), and at least three-hundred and fifty (350) feet where the legal speed limit is up to forty-five miles per hour (45 mph). If a greater distance is required by any County or VDOT access management regulations, that regulation shall control. Where achieving consistency with these provisions is not possible due to proliferation of existing entrances, the subdivider shall seek another access option to meet the standards of this Ordinance. (2) Subdivisions with common plans of development. For subdivisions which involve the creation of a subdivision road to serve the development, the location of the subdivision road intersection with the major collector road shall comply with the spacing standards contained in subsection (1) above. Additionally, lots along the subdivision road or other non-major collector road and those otherwise served by such a road shall be prohibited from having direct access to the major collector road. For such lots, frontage(s) along the arterial/primary highway shall be clearly identified with a hashed area on the plat and a statement that no access may be provided across said frontage(s). (f) Access to Adjoining Property. For subdivisions involving publicly-dedicated rights-ofway, the road network shall provide for the continuation of roads into adjacent properties for the purpose of enhancing local connectivity. Determining points of connectivity to adjacent properties shall be determined by the Subdivision Agent or the Planning Commission, as the case may be. In determining the connection points and frequency thereof, consideration shall include the Comprehensive Plan, either town s adopted future plans, existing development patterns, topographical limitations, utility provisions, and commonly-accepted transportation planning principles. If a determination is made that such considerations do not warrant connections to adjoining properties, the requirements of this section may be waived. Where connections are required, the roadway stub(s) shall be improved up to the adjoining property line(s). (g) Internal Connectivity. For subdivisions under a common plan of development within (1) mile of the jurisdictional limits of either town, within the Germanna Wilderness Area as established by the Board of Supervisors, and/or for any subdivisions which create forty (40) or more lots, the following shall apply: (1) Where practicable, internal connectivity shall be achieved via a continuous road network in lieu of a series of disconnected dead-end roads, as illustrated by the Page /24/2018

161 figures below. The Subdivision Agent or the Planning Commission, as the case may be, shall determine what is practicable. Acceptable internal connectivity Unacceptable internal connectivity Acceptable internal connectivity Unacceptable internal connectivity (2) Multiple adjacent properties under common ownership shall be considered a single project and/or plan of development for the purposes of this section. Such an arrangement shall not be utilized to circumvent the provisions of this section, the road construction and maintenance standards, or any other provision of this Ordinance. (h) Dead-End Roads. Where they are permitted pursuant to this Ordinance, VDOT regulations shall determine the maximum length and turnaround type of any dead-end road approved by VDOT to be accepted into the state secondary system of roads. Deadend private roads shall be subject to the standards for private roads contained within this Ordinance. (i) Alleys. Alleys may be provided pursuant to the following: (1) Residential subdivisions may utilize alleys if specifically permitted in the underlying zoning district. Any easement or right-of-way for an alley shall be no less than twenty (20) feet or greater than twenty-eight (28) feet in width. Utilities shall be co-located in residential alleys wherever practicable. (2) Nonresidential subdivisions may utilize alleys provided they are not dead-end. Easement/right-of-way widths shall be as established in subsection (1) above. (3) Any subdivider utilizing alleys in a development shall demonstrate that maintenance of the alley and its associated easement/right-of-way is guaranteed in a format approvable by the Subdivision Agent. Page /24/2018

162 (4) Where a particular zoning district prescribes standards for alleys, those particular standards of the district shall control. Sec Public Right-of-Way Additions and Reservations. (a) As part of any plat submittal involving an existing public road, the owner, at his/her discretion, may choose to dedicate public right-of-way or reserve a public road easement for said road in order to facilitate future road improvements. (b) Where the Comprehensive Plan prescribes a future road right-of-way, that area shall be shown as reserved for future public road purposes on the plat. The owner may choose to formally dedicate the right-of-way at his/her discretion, and provided the Subdivision Agent finds such a dedication to be consistent with the Plan. Sec Reserved. Division III. Standards for Sidewalks, Curb and Gutter, Streetlights, and other Improvements. Sec Sidewalks. (a) In all attached single-family and all multifamily developments, and in any development with a net density of three (3) or more units per acre, a continuous network of sidewalks shall be provided on both sides of all roads in the development. For publicly-dedicated rights-of-way, sidewalks shall be constructed to meet the standards contained in the VDOT Secondary Street Acceptance Requirements and wholly contained within the right-of-way unless otherwise required by VDOT. For private fee-simple rights-of-way held in common ownership, sidewalks shall also be constructed to meet these requirements but may be located at the discretion of the developer. For sidewalks outside of publicly-dedicated rights-of-way, provisions for the long-term maintenance of the sidewalks shall be provided in a format approvable by the Subdivision Agent. The Subdivision Agent may allow for minor variations to these standards based on topography, utilities, and development layout. (b) The above standards notwithstanding, for any subdivision, boundary line adjustment, or property consolidation which abuts a neighboring property that has an existing public sidewalk, the owner shall be required to construct a sidewalk and dedicate any associated right-of-way, if necessary, along the frontage of the property to connect to the existing sidewalk. The sidewalk shall be constructed to meet the standards necessary for acceptance by VDOT. (c) For either of the above standards, at the sole discretion of the Subdivision Agent or the Planning Commission, as the case may be, the developer may pay a fee-in-lieu for the total cost of sidewalk installation, including associated curb and gutter, the proceeds from which shall be collected by the County and reserved for other transportation-related projects in the County. Page /24/2018

163 Sec Curb and Gutter. In all attached single-family and all multifamily developments, and in any development with a net density of three (3) or more units per acre, curb and gutter shall be utilized to provide drainage from all paved surfaces. Curb and gutter shall be constructed to meet the standards contained in the VDOT Secondary Street Acceptance Requirements and wholly contained within the right-of-way unless otherwise required by VDOT, or by the Subdivision Agent for private rights-of-way. For curb and gutter associated with private roads, provisions for its long-term maintenance shall be provided in a format approvable by the Subdivision Agent. The Subdivision Agent may allow modifications to the requirements of this section based on site layout, sidewalk design and layout, and arrangement and provision of utilities, whereby the need for adequate stormwater drainage would be equally or better served. Sec Streetlights. Streetlights shall be provided in all attached single-family and all multifamily developments, and in any development with a net density of three (3) or more units per acre. Fixtures shall be of the full-cutoff variety and arranged so that adequate lighting is provided for all vehicular and pedestrian travelways, but do not impact properties or roadways outside of the development. Streetlight poles shall be no greater than twenty-five (25) feet in height and spaced no closer than one-hundred fifty (150) feet to each other. Sec Relationship to Zoning Ordinance. Where the Zoning Ordinance prescribes standards related to any of the provisions of this Division, or if the Zoning Ordinance prescribes standards which impose a higher standard than what is contained herein, those provisions shall control. Sec Reserved. Page /24/2018

164 Article IX Utilities Standards. Sec Potable Water Supply. (a) Identified Water Supply Required. Except as may be provided elsewhere herein, each lot created pursuant to this Ordinance shall have a potable water supply of adequate quantity and quality approved by the Virginia Department of Health. For private wells and community wells this approval shall be indicated by a signature of the appropriate VDH official on the plat. For connections to existing public water systems, this approval shall be indicated by a signature of the appropriate system owner representative on the plat. If a subdivision is to be served by a new community or public water system, the subdivider shall obtain the necessary VDH permits, approval of the system design, and written commitment by an entity approved by the Commonwealth of Virginia to operate and maintain the system. (b) Community Water Systems. For any newly-created subdivision under a common plan of development which has a net density of greater than one (1) unit per two (2) acres, use of a community water system or connection to a public water system shall be required. (c) Certification of Adequate Water Supply. For any subdivision under a common plan of development which contains more than twenty (20) lots and/or which has a net density of greater than one (1) unit per two (2) acres, either of which is to be served by groundwater, the subdivider shall obtain certification from a professional geologist licensed in the Commonwealth of Virginia as a requisite for plat approval. This certification shall be signed and sealed by the professional and shall include the following: (1) A statement that to the best of his/her professional knowledge and judgement, the property to be subdivided will reliably produce at least two (2) gallons per minute per lot at estimated peak demand times. (2) A statement that to the best of his/her professional knowledge and judgement, the full buildout of the subdivision will not result in considerable change in the piezometric surface of the underlying aquifer or in the yield(s) of existing nearby wells. (3) A statement regarding the acceptability of the quality of the water per VDH Waterworks Regulations. (4) If the development is located within an area of the County with underlying geographic formations known for containing naturally-elevated radionuclide levels (being those areas generally west of Route 15 (James Madison Hwy) and east of Route 644 (Ridge Rd/Burnley Rd), and those areas near Lake Anna shown on the state geology maps as being Ordovician pyroxenite, monzonite, and granodiorite formations), a statement regarding the acceptability of radioactivity levels in the water per VDH Waterworks Regulations. (5) A geologic map of the area to be subdivided, consistent with the maps routinely prepared by the Virginia Department of Mines, Minerals, and Energy in form, content, quality. This map shall also show existing wells and habitable structures on and within one-thousand (1,000) feet of the property to be subdivided, watercourses and waterbodies on the property, identification of sixth-order watersheds from the National Watershed Boundary Dataset (WBD), illustration of Page /24/2018

165 groundwater contours and the direction of groundwater flow as available from field observations and/or published sources, anticipated depth(s) to groundwater, and any known or suspected source of groundwater pollution. These elements may be shown on separate maps as clarity requires. Sec Wastewater Treatment. (a) Identified Method of Treatment Required. Except as may be provided elsewhere herein, each lot created pursuant to this Ordinance shall have an adequate method of wastewater treatment approved by the Virginia Department of Health. This approval shall be indicated by a signature of the appropriate VDH official or the appropriate public/community system owner representative on the plat. If a subdivision is to be served by a new community or public wastewater system, the subdivider shall obtain the necessary VDH permits, approval of the system design, and written commitment by an entity approved by the Commonwealth of Virginia to operate and maintain the system. (b) Community Wastewater Systems. For any newly-created subdivision under a common plan of development which has a net density of greater than one (1) unit per two (2) acres, use of a community wastewater system or connection to public utilities shall be required. Sec Required Connections to Existing Public Systems. Pursuant to of the Code of Virginia, for any subdivision of land that abuts or adjoins a public water and/or sewer system or main, development of the resulting lots shall be required to connect to and utilize the public utilities, if deemed available by the utility provider. The subdivider shall obtain a written confirmation of availability/unavailability of the utilities from the provider, and submit that as part of the application for plat review. The Board of Supervisors may grant special exceptions for deviations from this provision, provided the rationale for the request is not financially-based. Sec Storm Drainage and Stormwater Management. (a) Any subdivision and/or related development approved pursuant to this Ordinance shall take necessary steps to ensure that adequate drainage of stormwater occurs in a manner that does not cause any undue impacts on adjacent or downstream properties, meets applicable standards contained in the VDOT Road and Bridge Standards, and meets applicable stormwater management regulations. (b) Where Best Management Practice (BMP) facilities are required for a subdivision pursuant to stormwater management regulations, the entire development and each lot therein shall be subject to a perpetual maintenance agreement for the facilities. This agreement shall be reviewed by the Subdivision Agent along with the plats and plans for the development, and recorded in the Orange County Circuit Court by the subdivider. The Subdivision Agent may modify this requirement where alternative arrangements will equally or better serve the intent of this section. Sec Utilities and Drainage Easements. (a) Easements for electrical lines, water/wastewater, drainage facilities, telecommunications lines, and other utilities shall be provided within easements at least fifteen (15) feet in width. For publicly-dedicated rights-of-way and private fee-simple rights-of-way held in Page /24/2018

166 common ownership, these easements shall be reserved along both sides of the right(s)-ofway and along shared property lines, where necessary, to ensure continuity of utilities between adjacent properties. For access easements, the utilities easement(s) may be included as part of the access easement or provided adjacent to said easement. The Subdivision Agent may allow for minor variations to the locations of easements to accommodate topography and efficient provision of utilities. (b) In subdivisions with publicly-dedicated rights-of-way or private fee-simple rights-of-way held in common ownership, all utilities shall be placed underground. (c) Where existing topography or other conditions make it impractical for the inclusion of drainage facilities within road rights-of-way, perpetual, continuous, and unobstructed easements for drainage facilities shall be provided outside the road right(s)-of-way. (d) Where a proposed drainage system will convey water across property outside of a subdivision, proof of adequate easements for all portions of the system shall be provided in a format approvable by the Subdivision Agent. Sec Fire Protection. For subdivisions under common plans of development, or as determined by the Subdivision Agent upon consultation with the appropriate fire protection authority, fire hydrants shall be required where a public water supply is available. Hydrants shall be spaced no farther than onethousand (1,000) feet apart and/or no farther than five-hundred (500) feet from any habitable structure, whichever results in adequate coverage for all habitable structures. All underground utilities for fire hydrants, together with the hydrants themselves, and all other supply improvements shall be installed before installation of final road improvements. Sec Reserved. Page /24/2018

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168 CHAPTER 58 - Taxation Article I - In General Sec Tax on probate of will or grant of administration. A tax is hereby imposed on the probate of any will or grant of administration in an amount equal to one-third of the state tax on such probate of a will or grant of administration. (Ord. of (1)) Sec Recordation tax. There is imposed and levied by the county, pursuant to the provisions of the Code of Virginia, et seq., a tax on the recordation in the county of each instrument subject to the state recordation tax imposed by such state law, except any instrument on which the state recordation tax is $0.50 specifically, in an amount equal to one-third of the amount of the state recordation tax collectable for the state on the first recordation of each taxable instrument in the county, pursuant to the provisions of such state law. Where a deed or other instrument conveys, covers or relates to property located within the county and also to property located in another county, the tax imposed and levied shall be computed only for that portion located within the county. (Ord. of ) Sec Personal property tax relief. (a) Purpose; definitions; relation to other sections. (1) The purpose of this section is to provide for the implementation of the changes to PPTRA (Personal Property Tax Relief Act) effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. (2) Terms used in this section that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Code of Virginia, (3) To the extent that the provisions of this section conflict with any prior ordinance or provision of the County Code, this section shall control. Page /01/2014

169 (b) Method of computing and reflecting tax relief. (1) For tax years commencing in 2006, the county adopts the provisions of item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill. (2) The board shall, by resolution set the percentage of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the county by the Commonwealth. (3) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. (c) Allocation of relief among taxpayers. (1) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the county's annual budget relating to PPTRA relief. (2) Relief shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1, or less. (3) Relief with respect to qualifying vehicles with assessed values of more than $1, shall be provided at a percentage, annually fixed and applied to the first $20, in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief. The percentage shall be established annually as a part of the adopted budget for the county. (d) Transitional provisions. (1) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the county treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (2) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in chapter 58 of the Code of Ordinances, from the original due date of the tax. Page /01/2014

170 (Ord. of ) Secs Reserved. Page /22/2017

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172 Article II - Administration DIVISION 1. - GENERALLY Secs Reserved. DIVISION 2. - COLLECTION PROCEDURES, INTEREST AND PENALTIES Sec Receipt of local taxes, levies. With the exception of real estate taxes on property within Orange County's territorial boundaries, pursuant to the Code of Virginia, , the treasurer shall commence to receive local taxes and levies as soon as he receives copies of the commissioner's books and continue to receive them up to and including December 5 of each year. Real estate taxes on property within Orange County's territorial boundaries shall be due and payable to Orange County in two equal installments, the first installment to be paid no later than June 5 of each year and the second installment to be paid no later than December 5 of each year. The county treasurer shall give a notice to all taxpayers at least 14 days prior to June 5 of each year, that real estate taxes are due and payable. Any payment received shall be credited first against the most delinquent local account, the collection of which is not subject to a defense of any applicable statute of limitations. Delinquent local accounts which have been recorded in the office of the clerk of the county circuit court shall not be considered as accounts in the hands of the treasurer for collection, and the treasurer shall not be required to credit payments first against the delinquent accounts recorded in the clerk's office. (Ord. of ; Ord. of ) Sec Interest on delinquent taxes. Pursuant to Code of Virginia, , interest at the rate of ten percent per annum from the first day following the date such tax is due shall be collected upon the principal and penalties of all such taxes and levies remaining unpaid, which penalty and interest shall be collected and accounted for by the treasurer along with the principal sum. (Ord. of ) Page /01/2014

173 Sec Penalty for nonpayment of taxes. (a) Pursuant to the authority of Code of Virginia, , there is imposed a penalty for failure to pay county real estate, tangible personal property, and machinery and tools and merchants' capital taxes when due. Such penalty shall be in the amount of ten percent of the tax past due on such property; the penalty shall in no case exceed the amount of the tax assessable. Said penalty shall be assessed on the day after the tax, or an installment thereof, is due and when so assessed shall become a part of the tax (b) The penalty shall not be imposed for any assessment made later than two weeks prior to the day on which taxes are due, if such assessment is made thereafter through the fault of a local official, and if such assessment is paid within two weeks after the notice is mailed. (c) The penalty shall not be imposed if such failure to pay was not the fault of the taxpayer, or was the fault of the commissioner of the revenue or the treasurer, as the case may be. The failure to pay the tax due to a medically determinable physical or mental impairment on the date the tax is due shall be presumptive proof of lack of fault on the taxpayer's part provided the tax is paid within 30 days of the due date; however, this provision shall not apply if there is a committee, legal guardian or other fiduciary handling the individual's affairs. The treasurer shall make determinations of fault relating to failure to pay a tax. (Ord. of (2)) (Ord PH1 amending a). Sec Filing of returns. (a) Returns for tangible personal property, business tangible personal property, machinery and tools, or merchant's capital with a situs in the county as of January 1, shall be filed with the commissioner of the revenue no later than May 1 of the tax year in accordance with the following provisions: (1) Tangible personal property, machinery and tools, and merchant's capital with a situs in the County as of January 1 shall be filed with the commissioner of the revenue no later than May 1 of the tax year, with the exception of motor vehicles, trailers, semi- trailers, boats, or watercraft for which a return has previously been filed. (2) Notwithstanding the provisions of this section, any person who has previously filed a property return on any motor vehicle, trailer, semi-trailers, boat or watercraft, for which there has been no change in situs or status as hereinafter set forth in this section, shall not be required to file another personal property tax return on such property. The assessment and taxation of property shall be based on the most recent tax return previously filed with the County. Page /14/2016

174 (3) Furthermore, a taxpayer who failed to file a personal property tax return on such property in any previous tax year, but who pays a personal property tax for such tax year based on information supplied to the taxpayer by the commissioner of the revenue, shall be deemed for purpose of this paragraph to have filed a return on such property for subsequent tax years. (b) Notwithstanding the foregoing, the commissioner of the revenue, at his/her option, may waive the requirement for the filing of tax returns for motor vehicles, trailers, semi-trailers, or boats and pursuant to Code of Virginia sections and and assess such property based upon information received from the Virginia Department of Motor Vehicles, the Virginia Department of Game and Inland Fisheries, or other public agency or private entity required by law to report the presence of such property within the county, and the tax shall be assessed and levied on such information. (Ord. of ) Sec Fee to cover cost of collection of delinquent taxes. A fee is imposed on delinquent taxpayers to cover the administrative costs and reasonable attorney's or collection agency's fees actually contracted for. The attorney's or collection agency's fees shall not exceed 20 percent of the delinquent tax bill associated with the collection of delinquent taxes. Such administrative costs shall be in addition to all penalties and interest, and be the am ount permitted in Va. Code (Ord. of ) Sec Payment of taxes by credit card. Pursuant to the authority of Code of Virginia, , the treasurer may accept payment of local taxes, fees, and charges by use of a credit card. The treasurer may levy a service charge not to exceed the actual fee charged to Orange County by the bank or financial institution processing the payment. (Ordinance of 01/08/2013) Sec Local motor vehicle license plate tax. There is hereby imposed a local motor vehicle license plate tax in the amount of $ annually, upon the owners of motor vehicles that do not display current license plates pursuant to Va. Code and subject to the f ollowing: Page /27/2016

175 (a) The tax authorized shall be assessed, billed, and collected under the sam e schedule and using the same process as the assessment and billing of personal property taxes; except that, the license tax authorized by this section shall be a flat tax, not otherwise subject to proration. The entire $ flat tax shall be charged for any year, or for any part of a year, in which the vehicle has been determined to have taxable situs in Orange County and in which the vehicle does not otherwise display required Virginia license plates in accordance with Title 46.2 of the Code of Virginia. No refund or proration of this tax shall occur in the year in which a vehicle comes into compliance and first registers the vehicle with the Virginia Department of Motor Vehicles and displays a current Virginia license plate. (b) The local motor vehicle license plate tax authorized under this section shall not be applicable to vehicles exempted from the requirements of displaying such license plates under the provisions of Article 6, Chapter 6, Virginia Code et seq., as amended, including any vehicle owned by a member of the armed forces on active duty. The license plate tax exemption for a member of the armed forces shall apply whether the vehicle is owned individually by the member of the armed forces or owned jointly with a non-military spouse. This exemption shall not apply to vehicles leased by members of the armed forces, and this exemption shall in no way impair the imposition of personal property taxes as may be otherwise applicable under the Orange County Code. (Ordinance of ) Sec Penalty Pursuant to Section of the Code of Virginia, there shall be imposed a penalty in the amount of $ upon a resident owner for each motor vehicle that, following the end of the first thirty (30) days of residency in the Commonwealth, is required to be registered in Virginia but which has not been so registered. Each penalty levied pursuant to this section shall be in addition to the $ local motor vehicle license plate tax imposed under Section The combined license plate tax plus penalty shall amount to $ The Commissioner of the Revenue, may waive the penalty authorized by this section if the failure to properly display Virginia license plates was not the fault of the taxpayer. (Ordinance of ) Secs Reserved. Page 175(b) - 02/24/2015

176 DIVISION 3. - SUPPLEMENTAL ASSESSMENT OF PROPERTY SUBSTANTIALLY COMPLETED Sec Supplemental assessments authorized. All new buildings substantially completed or fit for use and occupancy prior to November 1 of the year of completion shall be assessed when so completed or fit for use and occupancy, and the commissioner of the revenue shall enter in the books the fair market value of such building. No partial assessment as provided herein shall become effective until information as to the date and amount of such assessment is recorded in the treasurer's office and made available for public inspection. Supplemental assessment bills of less than $20.00 will be added to the next bill for the property. (Res. of ) Sec Method of calculation. The total tax on any such new building for that year shall be the sum of (i) the tax upon the assessment of the completed building, computed according to the ratio which the portion of the year such building is substantially completed or fit for use and occupancy bears to the entire year, and (ii) the tax upon the assessment of such new building as it existed on January 1 of that assessment year, computed according to the ratio which the portion of the year such building was not substantially complete or fit for use and occupancy bears to the entire year. With respect to any assessment made under this section after September 1 of any year, the penalty for nonpayment by December 5 shall be extended to February 5 of the succeeding year. (Res. of ) Sec How notice given. Whenever there is a supplemental assessment of real estate, the commissioner of revenue shall give notice of the supplemental assessment directly to each property owner, as shown by the land book. Such notice shall be sent by U.S. mail, first-class postage prepaid, at least 15 days prior to the date of a hearing to protest such change, to the address of the property owner as shown on such land books. (Res. of ) Page 175(c) - 02/24/2015

177 Sec Contents of notice. Every notice shall show the district, if any, in which the real estate is located, the amount and the new and immediately prior appraised value of land, the new and immediately prior appraised value of improvements, and the new and immediately prior assessed value of each if different from the appraised value. It shall further set out the time and place at which persons may appear before the officers making such reassessment or change and present objections thereto. (Res. of ) Sec Duty to forward notice; civil penalties. Any person other than the owner who receives such reassessment notice, shall transmit the notice to such owner, at his last known address, immediately on receipt thereof, and shall be liable to such owner in an action at law for liquidated damages in the amount of $25.00, in the event of a failure to so transmit the notice. Mailing such notice to the last known address of the property owner shall be deemed to satisfy the requirements of this section. Notwithstanding the provisions of this section, if the address of the taxpayer as shown on the tax record is in care of a lender, the lender shall upon request furnish the county a list of such property owners, together with their current addresses as they appear on the books of the lender, or the parties may by agreement permit the lender to forward such notices to the property owner, with the cost of postage to be paid by the county. (Res. of ) Secs Reserved. Page /01/2014

178 Article III - Exemptions DIVISION 1. - GENERALLY Secs Reserved. DIVISION 2. - CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certified pollution control equipment and facilities means any real or personal property, equipment, facilities or devices used primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the county, and which the state certifying authority having jurisdiction with respect to such property has certified to the state department of taxation as having been constructed, reconstructed, erected or acquired in conformity with the state program or requirements for abatement or control of water or atmosphere pollution or contamination. For all tax years beginning on or after January 1, 2011, such property shall not include the land on which such equipment or facilities are located. State certifying authority means the state water control board, for water pollution; the state air pollution control board, for air pollution; the state department of mines, minerals and energy, for coal, oil and gas production, including gas, natural gas and coalbed methane gas; and the state waste management board, for waste disposal facilities, and shall include any interstate agency authorized to act in place of a certifying authority of the state. (Ord. of , 1, 2; Ord. of (1)) Sec Separate classification. Certified pollution control equipment and facilities are declared to be a separate class of property and shall constitute a classification for local taxation separate from other such classification of real or personal property and such property. (Ord. of , 2) Page /13/2015

179 Sec Exemption. Certified pollution control equipment and facilities shall be exempt from all county taxes, including taxes upon the sale, purchase or use of such equipment and facilities. (Ord. of , 2) Secs Reserved. DIVISION 3. - EXEMPTIONS FOR CERTAIN ELDERLY AND DISABLED PERSONS Sec Authorized exemptions. A real estate tax exemption is provided for qualified property owners who are 65 years of age or older or who are permanently and totally disabled in accordance with the provisions of Code of Virginia, through The treasurer shall enclose written notice, in each real estate tax bill, of the terms and conditions of this local real estate tax exemption program. The treasurer shall also employ any other reasonable means necessary to notify residents of the county, city or town about the terms and conditions of the real estate tax exemption or deferral program for elderly and handicapped residents of the county, city or town. (Ord. of , 1; Ord ) Sec Administration. The exemption shall be administered by the commissioner of the revenue in accordance with the general provisions of Code of Virginia, through The commissioner of the revenue is authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations in conformity with the general provisions of such code sections, including the requirements of answers under oath, as may be reasonably necessary to determine qualifications for exemption as specified by this division. The commissioner of the revenue may require the production of certified tax returns and appraisal reports to establish combined income and net combined financial worth. (Ord. of , 2) Page /13/2015

180 Sec Qualifications for grant of exemption. The exemption provided in this division shall be granted to persons who meet the following provisions: (1) The title to the property for which the exemption is claimed is held, or partially held, on January 1 of the taxable year by the eligible person claiming the exemption, and who is at least 65 or is permanently and totally disabled on December 31 of the year immediately preceding the taxable year; and, (2) Such real estate shall be owned by, and occupied as, the sole dwelling of all owners; however, an applicant who is residing in a nursing home, convalescent home or other facility for physical or mental care shall be deemed to meet this condition so long as the real estate is not being used by or leased to another for consideration; and, (3) For purposes of this section, "eligible person" means a person who is at least age 65 or permanently and totally disabled. Real estate owned and occupied as the sole dwelling of an eligible person includes real estate (i) held by the eligible person alone or in conjunction with his spouse as tenant or tenants for life or joint lives, (ii) held in a revocable inter vivos trust over which the eligible person or the eligible person and his spouse hold the power of revocation, or (iii) held in an irrevocable trust under which an eligible person alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support. The term "eligible person" does not include any interest held under a leasehold or term of years. (4) The total combined income received from all sources during the immediately preceding calendar year by (i) the owners of the dwelling living in the dwelling, and of the (ii) owners' relatives living in the dwelling, and (iii) nonrelatives of the owners who live in the dwelling except for bona fide tenants or bona fide paid caregivers of the owners, shall not exceed $40,000.00; and the first $7, of income of each relative living in the dwelling, other than a spouse of the owners, and each nonrelative who lives in the dwelling, other than bona fide tenants or bona fide paid caregivers of the owners, shall not be included in such total; and, (5) a. If the title to the property for which the exemption is claimed is held solely by the applicant, or together with the spouse of the applicant, with no other joint owners, then the net combined financial worth, including the present value of equitable interests, as of December 31 of the immediately preceding calendar year, of the applicant and of the spouse of the applicant, excluding the value of the dwelling and the land, not exceeding two (2) acres upon which the dwelling is situated, shall not exceed $90,000.00; or, b. If the title to the property for which the exemption is claimed is held by the applicant and one or more other individuals, and the net combined financial worth of all such joint owners, including the present value of all equitable interests and computed without any exclusion for the dwelling or for any other Page /13/2015

181 asset as of December 31 of the immediately preceding calendar year, does not exceed $140,000.00, the exemption for the dwelling that otherwise would have been provided shall be prorated by multiplying the amount of the exemption by a fraction that has as a numerator the percentage of ownership interest in the dwelling held by all qualifying applicants, and as a denominator, 100 percent. (Ord. of , 3; Ord. of ; Ord. of ; Ord. of (2); Ord. of (1); Ord. of ; Ord.# PH1-B; Ord ) Sec Claim procedure. (a) Not later than March 1 of each year, the person claiming an exemption under this division must file a real estate tax exemption affidavit with the commissioner of the revenue. (b) The affidavit shall set forth, in a manner prescribed by the commissioner of the revenue, the location, assessed value, and the tax on the property and the names of the related persons occupying the dwelling for which exemption is claimed, their gross combined income, and the combined net worth of the owners and the spouse of any owner. If such person is under 65 years of age, such affidavit shall have attached thereto a certification by the Social Security Administration, the Department of Veterans Affairs or the Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors who are either licensed to practice medicine in the Commonwealth or are military officers on active duty who practice medicine with the United States Armed Forces, to the effect that the person is permanently and totally disabled, as defined in Virginia Code ; however, a certification pursuant to 42 U.S.C. 423 (d) by the Social Security Administration so long as the person remains eligible for such social security benefits shall be deemed to satisfy such definition in Virginia Code The affidavit of at least one of the doctors shall be based upon a physical examination of the person by such doctor. The affidavit of one of the doctors may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability as defined in Virginia Code (c) If, after audit and investigation, the commissioner of the revenue determines that such person is qualified for the exemption, he shall issue to such person a certificate which shall show the amount of the exemption from the claimant's real estate tax liability. 2015) (Ord. of , 4; Ord. of ; Ord. of (1); Ord Page /13/2015

182 Sec Calculation of amount of exemption. The persons qualifying for and claiming an exemption under this division shall be relieved of that portion of the real estate tax levied on the qualifying dwelling and land in the amount calculated in accordance with the following schedule: Exemption percentage schedule if qualifying under section (4)a. Range of Income Financial Worth Range $ $18, $18, $36, $36, $54, $54, $72, $72, $90, $0.00- $15, $15, $20, $20, $26, $26, $31, $31, $40, Exemption percentage schedule if qualifying under section (4)b. Range of Income Financial Worth Range $0.00- $28, $28, $56, $56, $84, $84, $112, $112, $140, $0.00- $15, Page /13/2015

183 $15, $20, $20, $26, $26, $31, $31, $40, (Ord. of ; Ord. of (2); Ord. of (1); Ord. of (4); Tables amended by Ord.# PH1-B.) Sec Changes in status. (a) Changes in respect to income, financial worth, or other factors occurring during the taxable year for which the affidavit is filed and having the effect of exceeding or violating the limitations and conditions provided in this division, shall nullify any exemption for the then current taxable year and the taxable year immediately following. (b) If there is a change in ownership of the property, the taxpayer shall be entitled to a prorated exemption for the portion of the taxable year during which the taxpayer qualified for such exemption or deferral. If the new owner of the property is a first-time qualified applicant for the exemption, the new owner shall have thirty (30) days to apply for the exemption for the remainder of that current year. Such prorated exemption shall be determined by multiplying the amount of the exemption granted to the taxpayer by a fraction in which the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number 12 is the denominator. (Ord. of ) Secs Reserved. Page /09/2016

184 Article IV - Consumer Utility Tax Secs Reserved. Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial or industrial user means the owner or tenant of property used for commercial or industrial purposes, including the owner of master-metered apartment buildings, who pays for utility service for such property. Purchaser means every person who purchases a utility service. Residential user means the owner or tenant of private residential property or tenant of an apartment who pays for utility service in or for such property. Seller means every person, whether a public service corporation or not, who sells or furnishes utility service of electricity and telephone. Utility service means local telephone service, excluding long distance messages and electric services furnished within the boundaries of the county. (Ord. of , 1) Sec Electric service. Effective with the first bill for electric energy rendered for meter readings on or after January 1, 2001 the rate of tax on the electric energy delivered to an ultimate consumer shall be as follows: (1) Residential consumers. Such tax shall be 20 percent times the minimum monthly charge imposed by the service provider plus the rate of $ on each kilowatt hour [kwh] delivered monthly to residential customers by the service provider not to exceed $3.00 monthly. (2) Nonresidential consumers: Such tax on nonresidential consumers shall be at the rates per month for the classes of nonresidential consumers as set forth below: Commercial/industrial consumers. Such tax shall be 20 percent times the minimum monthly charge imposed by the service provider plus the rate of $ on each Page /01/2014

185 kilowatt hour [kwh] delivered monthly, not to exceed $15.00 per month. (Ord. of , 2(a); Ord. of ) Sec Reserved. Sec Telephone service Residential purposes. (a) On purchasers of telephone service for residential purposes, the tax shall be in the amount of 20 percent of the charge (exclusive of any federal or state tax or mileage charges) made by the seller against the purchaser with respect to such residential telephone service. In case any monthly bill submitted by the seller for telephone service shall exceed $15.00, there shall be no tax computed on so much of such bill as shall exceed $ (b) On mobile service consumers with a service address within the county, including the limits of the Town of Gordonsville, but excluding the limits of the Town of Orange, the tax shall be ten percent of the monthly gross charge; provided, however, that in the event a monthly bill submitted by the mobile service provider exceeds $30.00 in gross charges, there shall be no tax computed on the amount of the bill in excess of $ (Ord. of , 2(c); Ord. of (2); Ord. of ) Sec Same Commercial or industrial purposes. On purchasers of telephone service for commercial or industrial purposes, the tax shall be in the amount of 20 percent of the charge (exclusive of any federal or state tax or mileage charges) made by the seller against the purchaser with respect to such local telephone service and equipment; however, in case any monthly bill submitted by the seller for telephone service shall exceed $75.00, there shall be no tax computed on so much of such bill as shall exceed $ (Ord. of , 2) Sec Submittal of bills. Bills shall be considered monthly bills if rendered 12 times annually with each bill covering a period of approximately one month or a portion of a month. If bills for utility services are submitted less frequently than monthly, covering periods longer than one month, the maximum amount of such bills which shall be subject to the tax imposed and levied by this division shall be increased by multiplying the appropriate maximum fixed by section for the utility service involved by the number of months of Page /01/2014

186 service covered by such bills. (Ord. of , 3) Sec Application to telephone service. The tax imposed and levied by this division on purchasers with respect to telephone service shall apply to all charges made for local telephone exchange service except as follows: (1) Coin box telephone. The total amount of the guaranteed charge on each bill rendered for semipublic coin box telephone service shall be included in the basis for the tax with respect to the purchaser of such service, but no other tax shall be imposed on telephone service paid for by inserting coins in coin-operated telephones. (2) Flat rate service. With respect to flat rate service, the tax shall apply to only the amount payable for local area service and shall not apply to any specific charge for calls to points outside the county or to any general charge or rate differential payable for the privilege of calling points outside the county or for mileage service charges. (3) Message rate service. Where purchasers of telephone service are charged on a message rate basis, the tax shall apply only to the basic charge for such service and shall not apply to any charge for additional message units. (Ord. of , 4) Sec Duties of seller generally. (a) It shall be the duty of every seller acting as the tax collection medium or agency for the county to collect from the purchaser for use of the county the tax imposed and levied by this division at the time of collecting the purchase price charged for the service; and the taxes collected during each calendar month or billing period shall be reported and paid by each seller to the treasurer of the county by the last day of the second calendar month thereafter, together with the name and address of any purchaser who has refused to pay the tax. (b) In all cases where the seller collects the price for utility service in stated periods, the tax imposed and levied for and by this division shall be computed on the amount of purchase during the month or period according to each bill rendered, provided the amount of tax to be collected shall be the nearest whole cent to the amount computed. (Ord. of , 5) Page /01/2014

187 Sec Records to be kept by seller. Each seller shall keep complete records showing all purchasers of utility service in the county, which records shall show the price charged against each purchaser with respect to each purchase, the date of purchase and the date of payment, and the amount of tax imposed pursuant to this division. Such records shall be kept open for inspection by the duly authorized agents of the county during regular business hours on business days; and the duly authorized agents of the county shall have the right, power and authority to make such transcript of the records during such time as they may desire. (Ord. of , 6) Sec Exemptions. (a) The United States of America; diplomatic personnel exempted by the laws of the United States; the state and its political subdivisions, boards, commissions, authorities and agencies; volunteer fire companies and volunteer rescue squads are exempt from the payment of the tax imposed and levied by this division with respect to the purchase of utility services used by such governmental agencies. (b) Purchasers of utility services sold within the boundaries of the Town of Gordonsville and the Town of Orange as now established or as may be hereafter established are exempt from the payment of the tax imposed and levied by this division. (Ord. of , 7) Sec Collection of tax. The county treasurer shall be charged with the power and duty of collecting the taxes imposed and levied under this division. (Ord. of , 8) Sec Forms for reports. The county treasurer may prescribe forms for filing of any report or the payment of any funds set forth in this division. (Ord. of , 9) Page /01/2014

188 Sec Extension of time for filing return. The county treasurer may extend, for good cause shown, the time of filing any return required to be filed by the provisions of this division; however, no such extensions shall exceed a period of 90 days. (Ord. of , 10) Sec Penalty; continuing violations; conviction not to excuse payment of tax. Any purchaser failing, refusing or neglecting to pay the tax imposed or levied by this division; any seller violating the provisions of this division; and any officer, agent or employee of any seller violating the provisions of this division shall be guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than $ Each failure, refusal, neglect or violation and each day's continuance shall constitute a separate offense. Such conviction shall not relieve any person from the payment, collection and remittance of such tax as provided by this division. (Ord. of , 11) Secs Reserved. Page /01/2014

189 Article V - Transient Occupancy Tax Sec Imposed. Pursuant to Code of Virginia, , there is imposed a transient occupancy tax on hotels, motels, boardinghouses, travel campgrounds and other facilities offering guest rooms in the county. The amount of the tax shall be two percent of the amount of charge for the occupancy of any room or space occupied. The tax imposed under this section shall not apply to rooms or spaces rented for continuous occupancy by the same individual or group for 30 or more days in hotels, motels, boardinghouses and travel campgrounds. (Ord. of ) Sec Collection. (a) The tax imposed by this article shall be collected by each hotel, motel, boardinghouse, travel campground and other facilities offering guest rooms operating in the county and remitted to the county treasurer on a quarterly basis not later than the end of the month following the end of each calendar quarter on forms provided by the treasurer. Such tax shall be deemed to be held in trust by the person required to collect the tax until such tax is remitted to the treasurer. (b) The treasurer shall allow a commission of three percent for the collection of such tax, but no commission shall be allowed if the amount due is delinquent. (Ord. of , 1) Sec Proceedings for failure to pay tax. If any person shall fail or refuse to collect the tax imposed by this article and to make, within the time provided in this article, the reports and remittances required in this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect such tax, and to make such report and remittance, he shall proceed to determine and assess against such person such tax, penalty and interest as provided for in this article, and shall notify such person, by registered mail sent to his last known place of address, the amount of such tax, interest and penalty; and the total amount shall be payable within ten days from the date of the mailing of such notice. (Ord. of , 2) Page /01/2014

190 Sec Remission upon going out of business. Whenever any person required to collect and remit the tax imposed and levied by this article shall go out of business, dispose of his business or otherwise cease to operate, all of such taxes collected shall be reported and remitted to the county treasurer within 30 days. (Ord. of , 3) Sec Penalty for violation of article. Any person violating or failing to comply with any of the provisions of this article shall be punished, upon conviction, as for a class 1 misdemeanor. Such conviction shall not relieve any such person from the payment, collection or remittance of the tax as provided in this article. (Ord. of , 4) Secs Reserved. Page /01/2014

191 Article VI. - Bank Franchise Tax Sec Imposed. There is imposed a county franchise tax upon any bank located within the county, but outside the corporate limits of any town within the county, upon the net capital of such bank as defined by Code of Virginia, at the rate of 80 percent of the state rate of taxation for each $ of the net capital of such bank established by Code of Virginia, (Ord. of ) Sec Tax on branches. If any bank located within the boundaries of this county but outside any incorporated town located in the county is not the principal office but is a branch, extension or affiliate of the principal office, the tax upon such branch shall be upon only such proportion of the taxable value of the net capital as the total deposits of such bank or offices located inside the county bears to the total deposits of the bank as of the end of the preceding year. (Ord. of ) Sec Filing of return. On or after January 1 of each year, but not later than March 1 of any such year; all bank's principal offices located within this county but outside any incorporated town in the county shall prepare and file with the commissioner of the revenue the return as provided by Code of Virginia, , in duplicate, which shall set forth the tax on net capital computed pursuant to Code of Virginia, et seq. The commissioner of the revenue shall certify a copy of such filing of the bank's return and schedule and forthwith transmit such certified copy to the state department of taxation. (Ord. of ) Sec Filing of real estate deduction schedule. If the principal office of a bank is located outside of the boundaries of this county or within any town located in the county and such bank has branch offices located within this county, in addition to the filing requirements set forth in section , any bank conducting such branch business shall file with the commissioner of the revenue of this county a copy of the real estate deduction schedule, apportionment and other items Page /01/2014

192 which are required by Code of Virginia, , and (Ord. of ) Sec Time of payment. Each bank on or before June 1 of each year shall pay into the county treasurer's office all taxes imposed pursuant to this article. (Ord. of ) Sec Penalty upon bank for failure to comply. Any bank which fails to file a return or pay the tax required by this article or fails to comply with any other provision of this article shall be subject to a penalty of five percent of the tax due. If the commissioner of the revenue is satisfied that such failure is due to providential or other good cause, such return and payment of tax shall be accepted exclusive of such penalty, but with interest determined in accordance with Code of Virginia, Secs Reserved. Page /01/2014

193 Article VII. - License Tax DIVISION 1. - GENERALLY Secs Reserved. DIVISION 2. - UTILITY COMPANIES Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Gross receipts means the gross receipts derived from business within the county included in the total gross receipts utilized by the state corporation commission in making assessments under Code of Virginia, Gross receipts shall be ascertained as of December 31 of each year, and the tax for the current calendar year shall be based on receipts for the preceding calendar year. (Ord. of ) Sec Levied. For each and every year, beginning on January 1 and ending on the following December 31, until otherwise changed, there is levied upon any telephone or telegraph company, as defined by Code of Virginia, et seq., and upon every corporation providing heat, light and power within the county, as defined by Code of Virginia, et seq., for the privilege of doing business within the county, a license tax equal to one-half of one percent of the gross receipts derived from such business in the county. (Ord. of ) Page /01/2014

194 Sec Assessment; due date; penalty for failure to pay. (a) The tax due under this division shall be assessed on January 1 of each calendar year. (b) The tax assessed under this division shall be due and payable to the county treasurer on or before June 1 following the date on which the taxes are assessed. (c) Any person failing to pay such taxes into the county treasury within the time prescribed in this division shall incur a penalty as provided by Code of Virginia, , and interest, as provided by Code of Virginia, (Ord. of ) Secs Reserved. Page /01/2014

195 Article VIII. - Land Preservation Assessment Sec Findings. The county finds that, because of the proliferation of development activities, a valid public interest exists in the preservation of real estate devoted to agricultural, forest and horticultural uses within its boundaries and ordains that such real estate shall be taxed in accordance with the provisions of Code of Virginia, et seq. (Ord. of ) Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Real estate devoted to agricultural use" shall mean real estate devoted to the bona fide production for sale of plants and animals useful to man under uniform standards prescribed by the Commissioner of Agriculture and Consumer Services in accordance with the Administrative Process Act ( et seq.), or devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. Prior, discontinued use of property shall not be considered in determining its current use. Real estate upon which recreational activities are conducted for a profit or otherwise shall be considered real estate devoted to agricultural use as long as the recreational activities conducted on such real estate do not change the character of the real estate so that it does not meet the uniform standards prescribed by the Commissioner. Real property that has been designated as devoted to agricultural use shall not lose such designation solely because a portion of the property is being used for a different purpose pursuant to a special use permit or otherwise allowed by zoning, provided that the property, excluding such portion, otherwise meets all the requirements for such designation. The portion of the property being used for a different purpose pursuant to a special use permit or otherwise allowed by zoning shall be deemed a separate piece of property from the remaining property for purposes of assessment. The presence of utility lines on real property shall not be considered in determining whether the property, including the portion where the utility lines are located, is devoted to agricultural use. In determining whether real property is devoted to agricultural use, zoning designations and special use permits for the property shall not be the sole considerations. "Real estate devoted to horticultural use" shall mean real estate devoted to the bona fide production for sale of fruits of all kinds, including grapes, nuts, and berries; vegetables; and nursery and floral products under uniform standards prescribed by the Page /01/2014

196 Commissioner of Agriculture and Consumer Services in accordance with the Administrative Process Act ( et seq.), or real estate devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. Prior, discontinued use of property shall not be considered in determining its current use. Real estate upon which recreational activities are conducted for profit or otherwise shall be considered real estate devoted to horticultural use as long as the recreational activities conducted on such real estate do not change the character of the real estate so that it does not meet the uniform standards prescribed by the Commissioner. Real property that has been designated as devoted to horticultural use shall not lose such designation solely because a portion of the property is being used for a different purpose pursuant to a special use permit or otherwise allowed by zoning, provided that the property, excluding such portion, otherwise meets all the requirements for such designation. The portion of the property being used for a different purpose pursuant to a special use permit or otherwise allowed by zoning shall be deemed a separate piece of property from the remaining property for purposes of assessment. The presence of utility lines on real property shall not be considered in determining whether the property, including the portion where the utility lines are located, is devoted to horticultural use. In determining whether real property is devoted to horticultural use, zoning designations and special use permits for the property shall not be the sole considerations. "Real estate devoted to forest use" shall mean land, including the standing timber and trees thereon, devoted to tree growth in such quantity and so spaced and maintained as to constitute a forest area under standards prescribed by the State Forester pursuant to the authority set out in and in accordance with the Administrative Process Act ( et seq.). Prior, discontinued use of property shall not be considered in determining its current use. Real estate upon which recreational activities are conducted for profit, or otherwise, shall still be considered real estate devoted to forest use as long as the recreational activities conducted on such real estate do not change the character of the real estate so that it no longer constitutes a forest area under standards prescribed by the State Forester pursuant to the authority set out in Real property that has been designated as devoted to forest use shall not lose such designation solely because a portion of the property is being used for a different purpose pursuant to a special use permit or is otherwise allowed by zoning, provided that the property, excluding such portion, otherwise meets all the requirements for such designation. The portion of the property being used for a different purpose pursuant to a special use permit or otherwise allowed by zoning shall be deemed a separate piece of property from the remaining property for purposes of assessment. The presence of utility lines on real property shall not be considered in determining whether the property, including the portion where the utility lines are located, is devoted to forest use. In determining whether real property is devoted to forest use, zoning designations and special use permits for the property shall not be the sole considerations. (Ord. of ; Ord. of (1); Ord ) Page /01/2014

197 Sec Application for classification; deadline. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, and (2), may apply to the local assessing officer for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use under the procedure set forth in Code of Virginia, (b) Such application shall be filed not later than 60 days prior to the tax year in which such assessment is sought. If such application is sought in the year in which there is a general reassessment, this deadline shall be extended to 30 days after the assessment notice is mailed. Such application may be filed any time within such 60-day period immediately preceding the beginning of the next tax year in which such assessment is sought upon the payment of a late filing fee as provided in subsection (b). (c) Such application shall be on forms provided by the state department of taxation and supplied by the local assessing officer and shall include such additional information, including but not limited to schedules, photographs, soil maps, geological surveys, soil conservation plans and the like as may be required by the local assessing officer and available to the applicant. (Ord. of ) Sec Method of evaluating. (a) In valuing real estate for purposes of taxation by the county pursuant to this article, the commissioner of the revenue or a duly appointed assessor shall consider only those indicia of value which such real estate has for agricultural, forest and horticultural use and real estate taxes for such jurisdiction shall be extended upon the value so determined. In addition to use of his personal knowledge, judgment and experience as to the value of real estate in agricultural, forest and horticultural use, he shall, in arriving at the value of such land, consider available evidence of agricultural, forest and horticultural capability, and the recommendations of value of such real estate as made by the state land evaluation advisory council. (b) In determining the total area of real estate actively devoted to agricultural, forest and horticultural use, there shall be included the area of all real estate under barns, sheds, silos, cribs, greenhouses, public recreation facilities and like structures, lakes, dams, ponds, streams, irrigation ditches and like facilities; but real estate under and such additional real estate as may be actually used in connection with the farmhouse or home or any other structure not related to such special use shall be excluded in determining such total area. (c) All structures which are located on real estate in agricultural, forest and horticultural use and the farmhouse or home or any other structure not related to such special use Page /01/2014

198 and the real estate on which the farmhouse or home or such other structure is located, together with the additional real estate used in connection therewith, shall be valued, assessed and taxed by the same standards, methods and procedures as other taxable structures and other real estate in the locality. (d) In addition, such real estate in agricultural, forest and horticultural use shall be evaluated on the basis of fair market value as applied to other real estate in the taxing jurisdiction; and land book records shall be maintained to show both the use value and the fair market value of such real estate. (Ord. of ) Sec Judgment of local officer. In the absence of the data referred to in section , the local assessing officer shall use his personal knowledge, judgment and experience as to the value of real estate and agricultural, forest and horticultural use and may request an opinion from either the commissioner of agriculture and consumer services, the director of the state department of conservation and recreation, or the state forester, as may be directed in the Code of Virginia, Upon the refusal of such officers to issue an opinion or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor, it may issue an order which shall serve in lieu of an opinion for the purpose of this article. (Ord. of ) Sec Filing of application. (a) A separate application shall be filed for each parcel on the land book. No application shall be accepted or approved if, at the time of the filing of such application, there are delinquent real estate taxes owed to the county on such land. (b) Each such application filed more than 60 days prior to the beginning of the tax year in which the assessment is sought shall be accompanied by a fee of $15.00 or $0.15 an acre, whichever is more; and each such application filed 60 or less days before the beginning of the tax year in which such assessment is sought shall be accompanied by a fee of $15.00 or $0.15 an acre, whichever is more, plus a late filing fee of $15.00 or $0.15, whichever is more. (c) Each year the applicant shall file, if he wishes his land to be assessed under this article, a revalidation application on forms provided, which application shall be filed not later than 60 days prior to the beginning of the year for which assessment is sought or with the 60-day period upon the payment of a late filing fee. If such application is sought Page /01/2014

199 in a year in which there is a general reassessment, this deadline shall be extended to 30 days after the assessment notice is mailed. The revalidation application shall require no revalidation fee if filed not later than 60 days prior to the year in which the assessment I sought; however, if such revalidation application is filed less than 60 days prior to the year for which assessment is sought, the application shall be accompanied by a late revalidation fee of $15.00 or $0.15 per acre, whichever is more. A revalidation fee equal to the fee required with the filing of an initial application as provided by subsection (b) of this section shall accompany the revalidation application filed every sixth year. (Ord. of ) Sec Determination of eligibility. Promptly upon receipt of any application under this article, the local assessing officer shall determine whether the subject property meets the criteria for taxation under this article. If the local assessing officer determines that the subject property does not meet such criteria, he shall determine the value of such property for its qualifying use, as well as its fair market value. (Ord. of ) Sec Determination of applicability. In determining whether the subject property meets the criteria for agricultural use, forest use or horticultural use, the local assessing officer may request an opinion from the commissioner of agriculture and consumer services, the director of the department of conservation and recreation, and the state forester. Upon the refusal of any of these individuals to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards set forth by the commissioner, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor, it may issue an order which shall serve in lieu of an opinion for the purposes of this article. (Ord. of ) Sec Placement of value on land book. The use value and fair market value of any qualifying property under this article shall be placed on the land book before delivery to the treasurer, and the tax for the next succeeding tax year shall be extended for the use value. Such use value shall be reassessed from time to time in accordance with the policies and recommendations of the state land evaluation advisory council, and to comport with more accurate Page /01/2014

200 information as it becomes available regarding each piece of land. (Ord. of ) Sec Roll-back tax imposed. There is imposed a roll-back tax, with interest, in such amounts as may be determined under Code of Virginia, , upon any property as to which the use changes to a nonqualifying use. (Ord. of ) Sec Change in use or zoning of real estate assessed under article; roll-back taxes. (a) When real estate qualifies for assessment and taxation on the basis of use under this article, and the use by which it qualified changes to a nonqualifying use, or the zoning of the real estate is changed to a more intensive use at the request of the owner or his agent, it shall be subject to additional taxes, referred to in this section as roll-back taxes. Such additional taxes shall only be assessed against that portion such real estate which no longer qualifies for assessment and taxation on the basis of use of zoning. Liability for roll-back taxes shall attach and be paid to the treasurer only if the amount of due exceeds $ (b) The roll-back tax shall be equal to the sum of the deferred tax for each of the five most recent complete tax years, including simple interest on such roll-back taxes at a rate set by the board of supervisors, no greater than the rate applicable to delinquent taxes in the county pursuant to Code of Virginia, , for each of the tax years. The deferred tax for each year shall be equal to the difference between the tax levied and the tax that would have been levied based on the fair market value assessment of the real estate for that year. In addition, the taxes for the current year shall be extended on the basis of fair market value which may be accomplished by means of a supplemental assessment based upon the difference between the use value and the fair market value. (c) Liability to the roll-back taxes shall attach when a change in use occurs, or a change in zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. Liability to the roll-back taxes shall not attach when a change in ownership of the title takes place if the new owner does not rezone the real estate to a more intensive use and continues the real estate in the use for which it is classified under the conditions prescribed in this article. The owner of any real estate which has been zoned to more intensive use at the request of the owner or his agent as provided in subsection (d) of this section, or otherwise subject to or liable for roll-back taxes, shall, within 60 days following such change in use or zoning, report such change to the Page /01/2014

201 commissioner of the revenue or other assessing officer on such forms as may be prescribed. The commissioner shall forthwith determine and assess the roll-back tax, which shall be assessed against and paid by the owner of the property at the time the change in use which no longer qualifies occurs, or at the time of the zoning of the real estate to a more intensive use at the request of the owner or his agent occurs, and shall be paid to the treasurer within 30 days of the assessment. If the amount due is not paid by the due date, the treasurer shall impose a penalty and interest on the amount of the roll-back tax, including interest for prior years. Such penalty and interest shall be imposed in accordance with Code of Virginia, and (d) Real property zoned to a more intensive use, at the request of the owner or his agent, shall be subject to and liable for the roll-back tax at the time such zoning is changed. The roll-back tax shall be levied and collected from the owner of the real estate in accordance with subsection (c). Real property zoned to a more intensive use before July 1, 1988, at the request of the owner or his agent shall be subject to and liable for the roll-back tax at the time the qualifying use is changed to a nonqualifying use. Real property zoned to a more intensive use at the request of the owner or his agent after July 1, 1988, shall be subject to and liable for the roll-back tax at the time of such zoning. The roll-back tax, plus interest calculated in accordance with subsection (b), shall be levied and collected at the time such property was rezoned. For property rezoned after July 1, 1988, but before July 1, 1992, no penalties or interest, except as provided in subsection (b), shall be assessed, provided the roll-back tax is paid on or before October 1, No real property rezoned to a more intensive use at the request of the owner or his agent shall be eligible for taxation and assessment under this article; but these provisions shall not be applicable to any rezoning which is required for the establishment, continuation or expansion of a qualifying use. If the property is subsequently rezoned to agricultural, horticultural or open space, it shall be eligible for consideration for assessment and taxation under this article only after three years have passed since the rezoning was effective. However, the owner of any real property that qualified for assessment and taxation on the basis of use, and whose real property was rezoned to a more intensive use at the owner's request prior to 1980, may be eligible for taxation and assessment under this article provided the owner applies for rezoning to agricultural, horticultural, open space or forest use. The real property shall be eligible for assessment and taxation on the basis of the qualifying use for the tax year following the effective date of the rezoning. If any such real property is subsequently rezoned to a more intensive use at the owner's request, within five years from the date the property was initially rezoned to a qualifying use under this section, the owner shall be liable for roll-back taxes when the property is rezoned to a more intensive use. Additionally, the owner shall be subject to a penalty equal to 50 percent of the roll-back taxes due as determined under subsection (b). (e) If real estate annexed by a city and granted use value assessment and taxation becomes subject to roll-back taxes, and such real estate likewise has been granted use value assessment and taxation by the county prior to annexation, the city shall collect roll-back taxes and interest for the maximum period allowed under this section and shall return to the county a share of such taxes and interest proportionate to the amount of Page /01/2014

202 such period, if any, for which the real estate was situated in the county. (Ord. of ) Sec Change in use; penalty for failure to report. (a) The owner of any real estate liable for roll-back taxes shall report to the commissioner of the revenue on forms to be prescribed by the commissioner any change in the use of such property to non-qualifying use and shall pay the roll-back tax then due. On failure so to report and pay within 60 days following such change in use, such owner shall be liable for an additional penalty equal to ten percent of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty, there is imposed interest on such roll-back taxes at the same interest rate applicable to delinquent taxes in the county at the time such failure occurs for each month or fraction during which the failure continues. (b) Any person making material misstatement of fact in any application filed pursuant to this article shall be liable for all taxes, in such amounts and at such time as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties. If such material misstatement was made with the intent to defraud the county, he shall be further assessed with an additional penalty of 100 percent of such unpaid taxes. (Ord. of ) Sec Applicability of state law. The provisions of Code of Virginia, title 58.1 applicable to local levies and real estate assessment and taxation shall be applicable to assessments and taxation under this article, including, without limitation, provisions relating to tax liens and the correction of erroneous assessments; and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. (Ord. of ) Secs Reserved. Page /01/2014

203 Article IX - Food and Beverage Tax Sec Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: Beverage means any alcoholic beverages as defined in Code of Virginia, , and nonalcoholic beverages, any of which are served as part of a meal, excluding alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption. Caterer means a person who furnishes food on the premises of another for compensation. Commissioner of the revenue means the commissioner of the revenue of the county and any of his duly authorized deputies, assistants, employees or agents. Food means any and all edible refreshments or nourishment, liquid or otherwise, including beverages as herein defined, purchased in or from a restaurant or from a caterer, except snack foods. Meal means any food as herein defined, other than a beverage, sold for consumption on the premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service. Person means any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. Purchaser means any person who purchases food in or from a restaurant or from a caterer. Restaurant means: (1) Any place where food is prepared for service to the public whether on or off the premises, including a delicatessen counter at a grocery store or convenience store selling prepared foods ready for human consumption; or (2) Any place where food is served to the public. Examples of a restaurant include, but are not limited to, a dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, lunchroom, short-order place, tavern, delicatessen, confectionery, bakery, eating house, eatery, Page /01/2014

204 drugstore, catering service, lunch wagon or truck, pushcart or other mobile facility that sells food, and a dining facility in a public or private school or college. Seller means any person who sells food in or from a restaurant or as a caterer. Snack food means chewing gum, candy, popcorn, peanuts and other nuts, and unopened prepackaged cookies, donuts, crackers, potato chips and other items of essentially the same nature and consumed for essentially the same purpose. (Ord. of ) Sec Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food served, sold or delivered for human consumption in the unincorporated portions of the county in or from a restaurant, whether prepared in such restaurant or not, or prepared by a caterer. The rate of this tax shall be four percent of the amount paid for such food. In the computation of this tax, any fraction of $0.005 or more shall be treated as $0.01. (Ord. of ) Sec Exemptions. The following purchases of food shall not be subject to the tax under this article: (1) Any food or food product purchased for home consumption as defined in the federal Food Stamp Act of 1977, 7 U.S.C. 2012, or amended, except for sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and non-factory sealed beverages. This exemption does not include hot food or hot food products ready for immediate consumption. (2) Food and beverages sold through vending machines. (3) Food for use or consumption by and paid for by the commonwealth, any political subdivision of the commonwealth or the United States. (4) Food sold by public or private elementary or secondary schools, colleges, and universities to their students or employees. (5) Food furnished by churches which serve meals for their members as a regular part of their religious observance. Page /01/2014

205 (6) Food furnished by day care centers. (7) Food furnished by boardinghouses that do not accommodate transients. (8) Food sold by cafeterias operated by industrial plants for employees only. (9) Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. (10) Food furnished by homes for battered women, narcotic addicts, or alcoholics. (11) Food furnished by a nonprofit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. (12) Food provided by private establishments that contract with the appropriate agency of the commonwealth to offer food, food products, or beverages for immediate consumption at concession prices to elderly, infirm, blind, handicapped, or needy persons in their homes or at central locations. (13) Food furnished by age-restricted apartment complexes or residences with restaurants, not open to the public, where meals are served and fees are charged for such food and beverages and are included in rental fees. (14) Food sold by volunteer fire departments and rescue squads; nonprofit churches or other religious bodies; educational, charitable, fraternal, or benevolent organizations, on an occasional basis, not exceeding three times per calendar year as a fundraising activity, the gross proceeds of which are to be used by such church, religious body or organization exclusively for nonprofit educational, charitable, benevolent, or religious purposes. (15) Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. (16) Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulation issued pursuant thereto. (Ord. of ; Ord. of (1)) Sec Tips and service charges. (a) Where a purchaser provides a tip for an employee or employees of a seller, and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of Page /01/2014

206 the tip is turned over to the employee by the seller. (b) An amount or percent, whether designated as a tip or a service charge, that is added to the price of the meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the meal and is subject to the tax imposed by this article. (Ord. of ) Sec Payment and collection of tax. Every seller of food with respect to which a tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied at the time payment for such food becomes due and payable, whether payment is to be made in cash or on credit by means of a credit card or otherwise. The amount of tax owed by the purchaser shall be added to the cost of the food by the seller who shall pay the taxes collected to the county as provided in this article. Taxes collected by the seller shall be held in trust by the seller until remitted to the county. (Ord. of ) Sec Deduction for seller. For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed three percent of the amount of the tax due and accounted for in the form of a deduction on his monthly return; provided, the full amount shall be due if any part of the payment is delinquent at the time of payment. (Ord. of ) Sec Reports and remittances generally. Every seller of food with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require, showing the amount of food charges collected and the tax required to be collected, and shall sign and deliver such report to the commissioner of the revenue with a remittance of such tax made payable to the treasurer of the county. It shall be presumed that all food served, sold or delivered in the county in or from a restaurant is taxable under this article and the burden shall be upon the seller of food to establish by records what food is not taxable. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. (Ord. of ) Page /01/2014

207 Sec Preservation of records. It shall be the duty of any seller of food liable for collection and remittance of the taxes imposed by this article to keep and preserve for a period of three years records showing gross sales of all food and beverages, the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The commissioner of the revenue shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereof. (Ord. of ) Sec Duty of seller when going out of business. Whenever any seller required to collect or pay to the county a tax under this article shall cease to operate or otherwise dispose of his business, any tax payable under this article shall become immediately due and payable and such person shall immediately make a report and pay the tax due. (Ord. of ) Sec Advertising payment or absorption of tax prohibited. No seller shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of the tax imposed under this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve the purchaser of the payment of all or any part of the tax. (Ord. of ) Sec Enforcement; duty of commissioner of the revenue. It shall be the duty of the commissioner of the revenue to ascertain the name of every seller liable for the collection of the tax imposed by this article who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The commissioner of the revenue shall have all of the enforcement powers as authorized by Code of Virginia, Article 1, Chapter 31 of Title 58.1, for purposes of this article. (Ord. of ) Page /01/2014

208 Sec Procedure upon failure to collect, report, etc. If any seller whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the reports and remittances mentioned in this article, the commissioner of the Revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner of the revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any seller who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such seller the tax and penalties provided for by this article and shall notify such seller, by registered mail sent to his last known place of address, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten days from the date such notice is sent. (Ord. of ) Sec Collection. The treasurer shall have the power and the duty of collecting the taxes imposed and levied hereunder and shall cause the same to be paid into the general treasury for the county. (Ord. of ) Sec Penalty for late remittance or false return. If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the commissioner of the revenue a penalty of: 1. For failure to remit the tax when due: ten percent of the total amount of the tax owed if the failure is not for more than 30 days, with an additional penalty of five percent of the total amount of the tax owed for each additional 30 days or fraction thereof during which the failure continues, such penalty not to exceed 25 percent of the tax owed, provided, however, the minimum penalty shall be $ For failure to file a report when due: ten percent of the tax assessable on such return or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. (Ord. of ; Ord. of 04/26/16) See Va. Code Page /26/2016

209 Sec Violations of article. Any person required to collect, account for and pay over tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000; and a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the treasurer. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. (Ord. of ; Ord. of 04/26/16) See Va. Code Page /26/2016

210 CHAPTER 62 - TRAFFIC AND VEHICLES Article I - In General Sec State traffic laws adopted. Pursuant to the authority of Code of Virginia, , all of the provisions and requirements of the laws of the Commonwealth contained in Code of Virginia, Title 46 ( et seq.), and in Code of Virginia, Title 18.2 Chapter 7, Article 2 ( et seq.) except those provisions and requirements, the violation of which constitutes a felony or by nature can have no application to or within the county, are hereby adopted and incorporated in to this chapter and made applicable within all parts of the county not incorporated. The adoption of the above referenced statutes is to include all future amendments to those aforementioned statutes as authorized by Code of Virginia, :2. Such provisions and requirements are hereby adopted mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the unincorporated portions of the county to violate, fail, neglect or refuse to comply with any of the provisions and requirements of the laws of the Commonwealth contained in Code of Virginia, Title 46 ( et seq.) and in Code of Virginia, Title 18.2 Chapter 7, Article 2 ( et seq.), which are adopted by this section. (Ord. of (1); Ord. of ; Ord. of (4)) Sec Reimbursement of expenses incurred in responding to DUI and other traffic incidents. (a) Any person who is convicted of violating any of the following provisions shall at the time of sentencing, be liable to Orange County or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the county for responding law enforcement, firefighting, rescue and emergency services, including those incurred by the sheriff's office of the county, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation. Further, a person convicted of violating any of the following provisions shall, at the time of sentencing, be liable to the county or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the county when issuing any related arrest warrant or summons, including the expenses incurred by the sheriff's office of the county, or by any volunteer fire or rescue squad, or by any combination of the foregoing: Page /14/2015

211 Violations: (1) The provisions of Code of Virginia, , , , , , or , or a sim ilar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of Code of Virginia, Article 7 ( et seq.) of Chapter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; (3) The provisions of Code of Virginia, Article 1 ( et seq.) of Chapter 3 of Title 46.2 relating to driving without a license; and (4) The provisions of Code of Virginia, relating to improperly leaving the scene of an accident. (b) Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection (a) shall not exceed $1, in the aggregate for a particular accident, arrest, or incident occurring in the county. In determining the "reasonable expenses," the county may bill a flat fee of $ or a minute-by-minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law enforcement, firefighting, rescue and emergency medical services. The court may order as restitution the reasonable expenses incurred by the county for responding law enforcement, firefighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the commonwealth, to the county or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. State Law reference- Code of Virginia, , as amended. (Ordinance of ) Secs Reserved. Page /14/2015

212 Article II - Motor Vehicle License Fees Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Domicile means the residence of an owner of a motor vehicle as of January 1 of the applicable year. Motor vehicles shall be construed to include, whether owned or leased, motor vehicles and motorcycles as defined in Code of Virginia, , except publicly owned motor vehicles and motor vehicles owned by volunteer fire companies or volunteer rescue squads. (Ord. of ) Sec Imposed. An annual motor vehicle license fee is levied and assessed upon all motor vehicles normally garaged, stored or parked within the county on January 1 of each year, and used upon the streets, roads and alleys of the county, or otherwise within the jurisdiction of the county on January 1 of each year. If it cannot be determined where such motor vehicle is normally garaged, stored or parked, the situs of such motor vehicle shall be the domicile of the owner. The revenue derived from the motor vehicle license fees shall be deposited by the treasurer in the general fund of the county. (Ord. of ) Sec Amount. (a) The motor vehicle license fee on each and every motor vehicle, except motorcycles, shall be $35.00 per year. (b) The motor vehicle license fee on every motorcycle shall be $21.00 per year. (Ord. of ; Ord ) Page /01/2014

213 Sec License year and payment. The license year under this article shall commence on January 1 and shall end on December 31. Payment of the motor vehicle license fee shall be due on December 5 of each year. Partial payments made on personal property taxes associated with a motor vehicle license fee shall first be applied towards this motor vehicle license fee. (Ord. of ) Sec Exemptions and limitations. (a) Nothing in this article shall be construed as requiring the payment of a motor vehicle license fee for any motor vehicle for which an exemption or limitation is provided by the laws of the commonwealth. (b) The motor vehicle license fee imposed by this article shall not apply to the following: (1) One motor vehicle, owned or leased, and used personally by any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the department of motor vehicles, and has been issued a disabled veteran's motor vehicle license plate bearing the letters "DV." (2) One motor vehicle, personally owned or leased by a member of the armed services of the United States on active duty. For the purposes of this article "the armed services of the United States" includes active duty service with the regular Armed Forces of the United States, or the National Guard, or other reserve component. (3) Vehicles owned by a nonresident of the county and used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation, other than as set forth in subsection (4) immediately following this subsection. (4) Vehicles (i) owned by a nonresident and (ii) used for transporting into and within the county, for sale in person or by his/her employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him/her, and not purchased by him/her for sale. (5) A motor vehicle, trailer, or semi-trailer which is owned by an officer or employee of the commonwealth who is a nonresident of county, and who uses the vehicle in the performance of his duties for the commonwealth under an agreement for such use. (6) A motor vehicle, trailer, or semi-trailer which is kept by a dealer or Page /01/2014

214 manufacturer for sale or for sales demonstration. (7) A motor vehicle, trailer, or semi-trailer which is operated by a common carrier of persons or property operating between cities and towns in the commonwealth and not used for intracity transportation or between cities and towns on the one hand and points and places outside cities and towns on the other and not in intracity transportation. (8) A daily rental vehicle, as defined in Code of Virginia, , the rental of which is subject to the tax imposed by Code of Virginia, A 4. (9) One motor vehicle, owned or leased, and used personally by any former prisoner of war who holds a current state motor vehicle registration card establishing that he has received prisoner of war state license plates as prescribed in Code of Virginia, (10) One motor vehicle, owned or leased, and used personally by any recipient of the Medal of Honor who holds a current state motor vehicles registration card establishing that he has received Medal of Honor state license plates as prescribed and limited in Code of Virginia, (11) Antique motor vehicles, as defined in Code of Virginia, , and registered and licensed by the state in accordance with Code of Virginia, , shall be exempt from the payment of the license fee levied under this article, provided that other conditions prescribed herein are met. In order to qualify for exemption hereunder, an antique motor vehicle registered and licensed under Code of Virginia, , shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner's place of employment, but shall only be used: a. For participation in club activities, exhibits, tours, parades and similar events; and b. On the highways of the commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events as described in subsection a. of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner. (Ord. of ) Sec Payment of personal property taxes prerequisite. (a) No motor vehicle shall be licensed by the department of motor vehicles until such applicant for such license has paid all personal property taxes and the license fee Page /01/2014

215 assessed hereunder upon the motor vehicle to be licensed and until the department of motor vehicles has been provided satisfactory evidence by the county treasurer that any delinquent motor vehicle personal property taxes or license fees which have been properly assessed or are assessable against the applicant by the county have been paid. (b) No motor vehicle license shall be issued by the department of motor vehicles to an owner of a motor vehicle as to which a fee is required to be paid pursuant to this article, qualified under the provisions hereof to a waiver of that fee, until the applicant for such license or registration from the department of motor vehicles has produced to the county treasurer satisfactory evidence that all personal property taxes upon the motor vehicle licensed have been paid and satisfactory evidence that any delinquent personal property taxes due, and which are associated with the vehicle which have been properly assessed or are assessable against the owner, have been paid. (c) The county treasurer is hereby authorized to enter into an agreement with the commissioner of the department of motor vehicles whereby the commissioner will refuse to issue or renew any vehicle registration of any individual who owes to the county local motor vehicle license fees or delinquent tangible personal property tax or parking citations issued to a resident of the county. Before being issued any vehicle registration or renewal of such license or registration by the commissioner, the individual shall first satisfy all local motor vehicle license fees and delinquent taxes or parking citations and present evidence satisfactory to the commissioner that all such local motor vehicle license fees and delinquent taxes or parking citations have been paid in full. The commissioner shall charge a reasonable fee to cover the costs of such enforcement action, and the treasurer shall add the cost of this fee to the delinquent motor vehicle license fee, tax bill or the amount of the parking citation. The treasurer seeking to collect delinquent taxes or parking citations through the withholding of registration or renewal thereof by the commissioner as provided for in this section shall notify the commissioner in the manner provided for in the agreement with the commissioner and supply to the commissioner information necessary to identify the debtor whose registration or renewal is to be denied. Any agreement entered into pursuant to the provisions of this section shall provide the debtor notice of the intent to deny renewal of registration at least 30 days prior to the expiration date of a current vehicle registration. For the purposes of this section, notice by first-class mail to the registrant's address as maintained in the records of the department of motor vehicles shall be deemed sufficient. In the case of parking violations, the commissioner shall only refuse to issue or renew the vehicle registration of any individual therefor pursuant to this section for the vehicle that incurred the parking violations. The provisions of this section shall not apply to vehicles owned by firms or companies in the business of renting motor vehicles. (Ord. of ) Page /01/2014

216 Sec Towns within the county. Whenever a town within the county imposes fees like those imposed in this article upon motor vehicles of owners residing in such town, the owner of a motor vehicle subject to such fee shall be entitled, upon displaying satisfactory evidence of the payment of such fee, to receive a credit on the fee imposed by the county to the extent of the fee paid to such town. (Ord. of ) Sec Transfer of motor vehicle license fees; refunds. The motor vehicle license fee shall not be transferable between persons or vehicles. There shall be no refund of the motor vehicle license fee imposed herein for vehicles sold or otherwise disposed of during the license year. (Ord. of ) Sec Collection. The county treasurer shall, after the due date for any motor vehicle license fee required by this article, collect such motor vehicle license fee in accordance with the provisions of Code of Virginia, , or any other applicable state law. Additionally, the county treasurer shall have the authority to take any action authorized by Code of Virginia, (Ord. of ) Secs Reserved. Page /01/2014

217 Article III - Parking Regulations Sec General prohibitions. (a) It shall be unlawful for any person to park a motor vehicle: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within 15 feet of a fire hydrant or fire department connection or in any manner so as to obstruct a fire hydrant or fire department connection; (5) On a crosswalk; (6) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic; (7) On the roadway side of any vehicle parked at the edge or curb of a street; or (8) At any place where official signs prohibit parking. (b) This section shall apply to the parking of motor vehicles in or along highways, streets and roads and also on parking lots and travel lanes open to the public, as well as any privately owned road or street serving as access to the actual parking area and connecting thereto, provided the road or street is also open to the public. (Ord. of ) Sec Prohibited within travel and fire lanes of certain parking lots. No person shall stand or park a motor vehicle within any fire lane established and designated in a parking lot or travel lane open to the public. (Ord. of ) Sec Unauthorized parking in space reserved for handicapped. (a) It shall be unlawful for any operator of a motor vehicle to park in a parking space identified by an above-grade sign as reserved for the handicapped, except: Page /01/2014

218 (1) A person possessing a special handicapped vehicle parking permit issued by the commissioner of motor vehicles pursuant to Code of Virginia, , or a person transporting by passenger car, van or pickup truck the holder of any such permit, which permit shall be displayed in the window of the vehicle transporting the holder of the permit in order to permit the vehicle to park lawfully in a parking space reserved for the handicapped; (2) A handicapped person driving a motor vehicle displaying state license plates designated for handicapped persons or state decal issued to handicapped persons and issued pursuant to Code of Virginia, , or a person transporting a handicapped person in a motor vehicle displaying such license plates or decals; or (3) A disabled veteran driving a motor vehicle displaying special license plates issued pursuant to Code of Virginia, (B), or a person transporting a disabled veteran in a motor vehicle displaying such special license plates. (b) Any law enforcement officer may issue a summons or parking ticket charging a person parking in violation of subsection (a) of this section, or if such person is not known, then the registered owner of the motor vehicle parked in violation of subsection (a). (c) Violation of the provisions of subsection (a) of this section shall be a traffic infraction punishable by a fine of not less than $ or more than $ (d) The owner or duly authorized agent of a private parking space, or an agent of a public authority having control of a public space, which space is properly designated and marked for handicapped parking, shall have authority to have any vehicle not displaying handicapped parking permits or plates as described in subsection (a) removed and stored. Possession may be regained by payment to the person who removed the vehicle of all reasonable costs for the removal and storage. The vehicle owner may contest the removal in the manner provided by Code of Virginia, (Ord. of ) Sec Issuance of parking citations. These regulations shall be enforced by the sheriff's office, which may issue a parking citation for any violation of this article. (Ord. of ) Page /01/2014

219 Sec Penalty for violations of article; contest of parking citations. (a) The violation of any provision of this article, unless otherwise set forth, shall be a traffic infraction punishable by a fine as follows: (1) If the fine is paid to the treasurer prior to the issuance of the notice set forth in section the fine shall be $10.00, except the fine for the violation of subsection 62-76(a)(4), and a violation of section 62-77, shall be $50.00, and for the first offense of violating section the fine shall be $ (2) If the fine is paid after the issuance of the citation by the local administrative official, but prior to the issuance of a court summons, the fine shall be the amount set forth above in subsection (a)(1), plus $3.00. The local administrative officer for purposes of this article is the Orange County Sheriff or his designee. (3) If a court summons is issued, but the summons is not contested, in addition to the fines set forth in subsection (a)(1), the fines shall be increased by $24.00, plus court costs. (4) If a court summons is issued and the summons is contested, upon conviction the fine shall be an amount not to exceed $100.00, plus court costs, except for the first violation of section 62-78, for which the fine shall be an amount not less than $100.00, and not more than $500.00, plus court costs. (b) The uncontested payment of parking citation penalties shall be collected and accounted for by the treasurer. (c) Any person, who desires to contest any parking citation, shall so certify in writing to the general district court, with a copy to the sheriff's office. (Ord. of ; Ord. of ) Sec Procedure in case of delinquent parking citation. (a) Where any parking citation remains unpaid for more than five days after its issuance, the local administrative official shall, on a form to be provided by the county, notify the violator by certified mail at his last known address or at the address shown for such violator on the records of the state department of motor vehicles, that the violator may pay the fine provided by law for such violation within seven days of the mailing of such notice and if such fine is not paid within the time so prescribed, that the officer issuing the summons shall be notified that the violator has failed to pay such fine within the time so prescribed, and a summons will be issued by the general district court. Such notice shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face thereof in type at least one-half inch in height. Page /01/2014

220 (b) After notice has been mailed as required by subsection (a) of this section, and payment has not been received by the local administrative official within the time prescribed, the local administrative official shall certify by affidavit to the clerk of the general district court, that she mailed the required notice to the violator and that the fine remains unpaid. (c) The local administrative official shall cause complaints, summons or warrants to be issued for delinquent parking citations in accordance with the sections and (Ord. of ) Sec Presumption in prosecutions for parking violations. In any prosecution charging a violation of any parking provision contained in this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such regulation, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by Code of Virginia, Title 46.2, Chapter 6, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. (Ord. of ) Page /01/2014

221 CHAPTER 66 - Utilities Secs Reserved. SANITARY SEWER SYSTEMS DIVISION 1. - GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities. Pollutants means dredged soil, solid wastes, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal and certain characteristics of wastewater (e.g., ph temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor originating from any source other than residential discharge). Pretreatment policy means the industrial pretreatment policy of RSA. Publicly owned treatment works or POTW means a treatment works as defined in 33 USC 1292 which is owned by RSA. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. Rapidan Service Authority or RSA means a water and sewer authority organized under the authority of Code of Virginia, et seq. RSA's immediate service area includes Orange, Madison and Greene counties. RSA also provides services to users outside RSA's immediate service area. Sewers tributary means all privately owned pipe laterals, pipe mains, pump stations, piping stobs and/or metering devices connected to RSA's sewer and/or the POTW. Page /01/2014

222 Wastes means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources, or any discharge other than a residential discharge. (Ord. of , 2) Sec Discharge prohibited without permit. No person shall discharge any wastes or pollutants into a sanitary sewer system of RSA and in the sewers' tributary to the POTW of RSA without a valid permit from RSA allowing for such discharge of waste or pollutants, pursuant to RSA's pretreatment policy regulating and restricting the discharge of wastes and pollutants into the POTW of RSA, which rules and regulations are incorporated by reference by this section. (Ord. of , 3) Sec Discharge in violation of RSA pretreatment policy prohibited. No person holding a permit to discharge as provided in section shall discharge into the POTW of RSA or into a sewage collection system tributary to the POTW of RSA in violation of the discharger's permit. (Ord. of , 4) Sec Violations/penalties. Any persons violating either section or shall be guilty of a class 1 misdemeanor punishable as provided in section (Ord. of , 5) Sec Civil actions. The county, in addition to other remedies provided for in this article, may institute an appropriate action or proceeding, at law or in equity, to prevent violation or attempted violation, to restrain, correct and abate such violation, or to prevent any act which would constitute such a violation of the provisions of this article. (Ord. of , 6) Secs Reserved. Page /01/2014

223 DIVISION 2. - BIOSOLIDS Sec Purpose and intent. (a) The purpose of this division is to monitor the application of biosolids to agricultural land in Orange County as authorized by the Code of Virginia and applicable regulations. This division is intended to implement the authority granted to local governments by Code of Virginia, :3, to provide for the testing and monitoring of land application of biosolids within the political boundaries of Orange County in order to ensure compliance with applicable laws and regulations and to make pertinent information available to the board of supervisors, county officials and residents of county on matters related to biosolids land application. (b) Improper management of biosolids may result in adverse effects to human health, agricultural lands, water supplies, wildlife, livestock, natural resources and the environment. (c) When properly managed, land application of biosolids represents the beneficial use of a recycled nutrient product. This division is intended to ensure that laws and regulations governing the land application of biosolids are properly implemented and enforced, and to minimize nuisance complaints related to land application of biosolids. (d) This division is not intended to regulate the land application of animal waste or manures, water treatment plant sludge, or exceptional quality biosolids. (Ord. of ) Sec Authority and severability. (a) Authority. This division is adopted pursuant to the authority granted by the Code of Virginia, including but not limited to et seq., et seq., and :3. (b) Severability. In the event that any portion of this division is declared void for any reason, such decision shall not affect the remaining portions of the division, which shall remain in full force and effect, and for this purpose the provisions of this division are hereby declared to be severable. (Ord. of ) Sec Definitions. The following words, terms and phrases, when used in this division, shall have the Page /01/2014

224 meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Biosolids means sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state regulations. Biosolids monitor means an employee of the county, either full-time or part-time, charged with the responsibility of ensuring that the land application of biosolids is conducted in accordance with applicable laws and regulations. Exceptional quality biosolids means biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with state regulations. Land application means the distribution of biosolids upon, or insertion into, the land at agronomic rates for the purpose of nutrient utilization. Permit means an authorization granted by the authority of the Commonwealth of Virginia to land apply biosolids. Permittee means any person who holds a permit authorizing the land application of biosolids. Sewage sludge means any solid, semi-solid, or liquid residues, which contain materials, removed from municipal or domestic wastewater during treatment including primary and secondary residues. Storage facility means any facility whose purpose is to store biosolids during periods when inclement weather, field conditions or other circumstances beyond the control of the permittee, prevent or delay the land application of biosolids at the anticipated time. (Ord. of ) Sec Permitted application. (a) Provided it is performed in compliance with this division, land application of biosolids is authorized in those zoning districts where agricultural uses are permitted by right or authorized as a lawful nonconforming use. (b) No person shall apply biosolids to land in Orange County except pursuant to a valid permit issued by the Virginia Department of Health or Department of Environmental Quality, in compliance with all applicable federal and state statutes and regulations, and Page /01/2014

225 in accordance with the provisions of this division. (c) Any person proposing or intending to land apply biosolids to lands in the county shall notify the biosolids monitor in writing at least two weeks prior to any intended land application of biosolids, or as required by state law or regulation. (d) The notice provided to the biosolids monitor shall include the following information: (1) The name, address and telephone number of the permittee; (2) The tax map numbers of the parcels where land application will occur; (3) The name, address and telephone number of the owner of the property where the land application will occur; (4) The estimated date range on which land application will occur; (5) A copy of the permit authorizing the land application; (6) Evidence of a nutrient management plan (NMP) as required by state regulations to assure balanced use of biosolids to prevent overdose by limiting amount applied per acre to soil and crop needs; and (7) Information on high traffic uses which may impact county services, such as school bus routing. (e) On a routine basis, the permittee shall provide an update to the biosolids monitor as to the progress of operations while operations are conducted within Orange County. (f) If requested by the biosolids monitor, the permittee shall provide the most recent analysis results for biosolids and or land application reports that are land-applied at any site in Orange County. (g) By agreeing to accept biosolids for land application, the owner of the property on which land application takes place agrees to allow the biosolids monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permittee to ensure that the property owner is advised of this requirement. The biosolids monitor shall make diligent efforts to make contact with the property owner prior to entering the property. The biosolids monitor's right of access shall extend from the date on which the notification required by section is submitted until 15 days after land application has been completed at the site. (h) The biosolids monitor shall conduct routine visits to each land application site to assure compliance with permit conditions, particularly required setbacks (buffer areas). These visits shall be conducted at least one time per field. Page /01/2014

226 (Ord. of ) Sec Spill response. The biosolids monitor shall immediately notify the permittee of any failure to follow the requirements of the permit, applicable regulations or the permittee's operational plan, resulting in the improper application of biosolids or in the spillage of biosolids onto public streets or rights-of-way or on property outside the area authorized by the permit. The permittee shall respond, in conformance with its operational plan and established company policy, to undertake appropriate corrective action for improperly applied biosolids, or to clean up biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification. In the event that the permittee does not respond to notification of spillage or improper application and the county conducts the cleanup of spilled biosolids, the permittee shall compensate the county for the actual costs of such cleanup. The permittee is responsible for ensuring that the drag-out or track-out of biosolids from land application sites onto public roads is minimized and that biosolids that are dragged or tracked out from land application sites are promptly removed from public roads and highways. (Ord. of ) Sec Landowner notification. The biosolids monitor will notify adjoining landowners in writing in advance of field operations by the permittee. Such notices shall be sent via first class mail to the latest known address of each adjoining landowner according to county land records, and shall be sent upon receipt of any spreading schedule received from the permittee. Potential conflicts between operating schedules and adjoining land owner activities (e.g., family reunions, weddings, etc.) will be brought to the attention of the permittee in writing at least one week in advance of the scheduled activity so that the schedule for spreading biosolids can be adjusted to minimize potential nuisance. (Ord. of ) Sec Scheduling. The permittee will, at the request of the biosolids monitor, make all reasonable efforts to schedule land application activities so as to avoid conflicts with outdoor community or social events in the vicinity of the land application site. (Ord. of ) Page /01/2014

227 Sec Storage. Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the permittee. Biosolids shall not be stored at any site in Orange County other than storage that is approved in accordance with the Regulations of the Virginia Department of Health. The biosolids monitor shall be notified as to the construction of biosolids storage sites prior to their construction. (Ord. of ) Sec Insurance. Land application of biosolids is not allowed unless the permittee has in effect liability insurance in the amount that is required by state law or regulation, covering losses and claims arising from the land application or transportation of biosolids and related activities in Orange County. Such insurance shall be maintained in full force and effect throughout the time that the applicator is engaged in land application of biosolids in Orange County. The permittee shall provide the biosolids monitor with certificates of insurance and shall promptly notify the biosolids monitor of any claims against the policy. The permittee shall promptly advise the biosolids monitor of any proposed cancellation or modification of insurance coverage. (Ord. of ) Sec Fees. The county may assess such fees on land application and related activities as are allowed by applicable state law and regulations. (Ord. of ) Sec Fee reimbursement program. The county may, at its discretion, participate in a reimbursement program to cover biosolids monitoring and/or testing costs, if such a program is established by the state. (Ord. of ) Page /01/2014

228 Sec Effective date. This division is effective immediately. Any land application that is in progress on the date this division is adopted (February 11, 2003), and any land application that was scheduled before the effective date of this division, shall be deemed in compliance with this division provided that application is completed within 30 days after the effective date of this division. (Ord. of ) Sec Violation. Any violation of this division shall be a class 1 misdemeanor as defined in the Code of Virginia. Each violation shall constitute a separate offense. (Ord. of ) Page /01/2014

229 CHAPTER 70 - ZONING Article I - In General Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terms used in this chapter that are defined in , VA Code Ann. shall be construed as having the meanings set forth in that section. Accessory Apartment means a completely independent, standalone dwelling unit located on the same lot as the single-family dwelling to which it is accessory, and which is subject to the following: 1) The gross square footage of the accessory apartment shall not exceed 800 (excluding unconditioned basements and other unconditioned, attached exterior spaces); 2) The accessory apartment shall not exceed the gross square footage of the primary dwelling to which it is accessory; 3) The accessory apartment shall not contain more than two (2) bedrooms; and 4) No lot shall contain more than one (1) accessory apartment. Accessory use or structure means a secondary and subordinate use or structure customarily incidental to, and located upon the same lot occupied by, the main use or structure. Administrator, zoning, means the official designated by the board of supervisors to have the powers and duties of interpreting and enforcing this chapter. Adult-oriented business means any business where a substantial proportion of the compensation is derived from display or sale of merchandise, viewing of photographs or motion pictures, performance of dances or dramas, or participation in activities, characterized by exposure of human genitals or real or simulated sex acts. Agriculture means the tilling of soil, the raising of crops, horticulture, forestry and husbandry, including the keeping of animals customarily raised on farms. The term includes dairies, orchards, wholesale nurseries, and farm wineries / limited (i.e. farm) breweries / limited (i.e. farm) distilleries pursuant to the Code of Virginia, but shall not include packing plants, retail nurseries, wayside stands or keeping of animals not customarily raised on farms. Industrial processing of agricultural products, including a sawmill, may be an accessory use to a farm but shall not be considered agriculture if it is the principal use of the property. Agritourism means any activity carried out on a farm that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate, but does not include commercial competitions. The commercial hosting of weddings, corporate retreats, celebrations and other similar events within facilities dedicated for such uses is Page /10/2018

230 considered agritourism if the parcel on which they are hosted is of a bona fide agricultural use. Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five inoperable and unlicensed motor vehicles are stored for an indefinite period of time. Bed and breakfast inn means any establishment, having no more than 15 guestrooms or suites offering to the public, for compensation, transitory lodging for 30 or fewer consecutive days and offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. A manager, which may be the property owner, must reside within the building or one of the buildings on the parcel(s) and shall make themselves present and available as long as guests are staying on the premises. Food service facilities shall only be utilized for guests and/or in connection to the use (e.g. catering for on-site events), unless otherwise permitted as a special use. A bed and breakfast inn shall be considered a principal use. Brewery means any establishment engaged in the production and packaging of fermented, non-distilled alcoholic beverages (e.g. beer and cider) for distribution, retail, or wholesale purposes, meeting all laws related to alcoholic beverage control. A brewery may provide on-site tastings and samples to patrons, and provide for on-site retail sales. Building means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property. Building materials sales establishment means a retail or wholesale store of up to sixty-thousand (60,000) square feet in which lumber, millwork, masonry products, tile, stone, soil and other bulk landscaping materials, fencing, plumbing, electrical, paint, roofing, and other similar materials are sold which are used to construct or maintain structures and accessory facilities. Such an establishment is separate from a large retail use and does not include the sale of appliances, home furnishings, decorations, and other similar consumer goods. Camp means an area containing not less than ten acres, owned and/or operated privately for profit or by a charitable, religious or civic organization, where patrons are provided seasonal/temporary lodging in permanent structures and where instruction in outdoor activities, crafts, sports, religious retreat activities, and similar pursuits is furnished. Campground means an area containing five acres or more of land designed or used to accommodate paying guests in tents designed for single families or travel trailers owned by the guests. Canopy means a structure, consisting only of a roof supported by columns or posts, erected over gasoline pump islands or similar fixtures, for the purpose of protecting such fixtures or their users from inclement weather. This definition does not include any building with walls, or any structure that would impede the vision of motorists or pedestrians, or any structure that blocks important scenic vistas or views. Page /08/2016

231 Cemetery means a place for burial of the dead where lots are sold and perpetual care of the graves is furnished. Civic organization means a community oriented service organization which includes, but is not limited to, non-profit organizations, churches, clubs and other groups or associations that benefit local residents by promoting projects, services and volunteer activities and fellowship. Cluster means the grouping of single-family dwellings in order to preserve open space. Cluster development means the entire development, including both the cluster of single-family dwellings and the reserved area of open space. Commercial kitchen or smokehouse means an operation, utilizing 10,000 square feet or less, which prepares or stores food, including smokehouses, for off-site sales, consumption, and distribution to persons of the same business operation or of a related off-site business operation for service to the public. An example includes operations preparing or storing food for catering services. Commercial Recreational Use means a property and/or facility used for commercial sports or amusement operations under the following categories: Indoor: Such as bowling, skating, swimming, therapeutic activities, athletic courts and related facilities, paintball, laser tag, shooting ranges and the like. This does not include facilities having amusement rides or any use involving motorized vehicles. Outdoor, non-vehicular: Such as golf driving ranges, golf courses, miniature golf, batting cages, paintball, athletic courts and related facilities, pools, commercial competitions, and the like. This does not include fairgrounds, camps, amusement rides, shooting ranges, regular live entertainment or farm enterprises. Outdoor, vehicular: Such as go-carts, race tracks and the like. This does not include motorized watercraft. Commission, the, means the planning commission of the county. Contractor's shop means an establishment primarily engaged in the on-site or off-site provision of services for the construction, maintenance, cleaning, or repair of buildings, building components, and properties on a fee or contractual basis. Such services may include, but are not limited to, plumbing, electrical, heating and air conditioning, landscaping, roofing, painting, general construction, and landscaping. Country club means any operation that provides facilities for golf, tennis or swimming to its private membership. Page /08/2016

232 Cultural Use means a property and/or facility that is used for the commercial practice and furthering of the arts and sciences, or continual display and promotion of items or events related to anthropological, historical or intellectual achievements. Cultural uses include, but are not limited to, theaters, studios, artist retreats, libraries, museums, galleries, botanical/zoological gardens and the like. Data center means a facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Distillery means a facility engaged in the production and packaging of distilled alcoholic beverages for distribution, retail, or wholesale purposes, meeting all laws related to alcoholic beverage control. A distillery may provide on-site tastings and samples to patrons, and provide for on-site retail sales. Dwelling, multifamily, means a building consisting of three or more dwelling units separated by floors or party walls with no openings. Dwelling, single-family, means a building consisting of one dwelling unit. The term includes site-built, precut, panelized, modular and prefabricated houses but does not include mobile or manufactured homes. Pursuant to Code of Virginia, , a single-family dwelling shall include group homes. Dwelling, two-family, means a building consisting of two dwelling units, in either a sideby-side or over-and-under arrangement, separated by floors or party walls with no openings. An over-and-under arrangement may only be permitted on a lot served by a public road. Dwelling unit means one or more rooms in a building designed or used as a place of residence for one household. Existing dwelling, means, for the purpose of article VIII of this chapter, a dwelling that is occupied, or for which a building and zoning permit has been issued, or that has been occupied for a three-year period within the preceding five years at the time a completed application for an intensive livestock, dairy or poultry facility is received by the zoning administrator. Existing intensive livestock, dairy or poultry structure means an intensive livestock, dairy or poultry structure that has been in operation for one year within the five years immediately preceding the date on which a building or zoning permit is sought for a dwelling. Family or immediate family means a person's natural or legal grandparents, parents, siblings, spouse, children or grandchildren. Farm means a parcel of land not less than five acres which is actively used for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock and which generates at least $1, per year in gross sales. Page /12/2018

233 Farm enterprise means an agricultural or silvicultural based process, activity or business use of a property that is subordinate to and conducted in conjunction with an ongoing bona fide agricultural, horticultural, aquacultural or silvicultural operation, pursuant to , VA Code Ann. Activities of a farm enterprise may include the following uses: secondary processing and sale of agricultural, horticultural, aquacultural or silvicultural products grown or raised on-site. Other permitted uses include farm tours, petting, feeding and viewing of farm animals, hayrides, crop mazes, animal walks, horse and pony rides, and carriage rides. Farm or food products means any agricultural, horticultural, forest or other product of the soil or water, including fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey or similar items, nuts, maple and sorghum products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, livestock feed, or baked goods. Farmer's market means a space where locally grown produce and hand-crafted goods are sold by multiple vendors to the general public, not including wholesale or bulk sales to commercial enterprises. Farm stand means a permanent accessory structure with a maximum floor area of 1,000 square feet dedicated to that use. A farm Stand may be contained within a larger accessory structure (e.g., agricultural building), but the farm stand must not exceed the 1,000 square feet gross floor area and shall be used solely for the purpose of sales of on-site farm or food products as defined, and which is clearly a secondary use of the premises and does not change the character thereof. Flea market means any indoor or outdoor facility for the renting of space or the sale of merchandise. Frontage means the measurement of a lot from one side lot line to the other, parallel to a segment connecting the endpoints of the front lot line, either at the front lot line or at the required building setback. Garage, private, means an accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory. Garage, public, means a building or portion of a building, other than a private garage, designed or used for servicing, repairing, equipping, renting, storing or selling motor vehicles in return for compensation. Graveyard means a place for burial of the dead, set aside and maintained by a family. Group home means a residential facility in which no more than eight mentally ill, mentally retarded, developmentally disabled, aged, infirm or disabled persons reside with one or more resident counselors or other staff persons. Page /08/2016

234 Height means the vertical distance from the highest grade elevation adjoining a structure to the highest point of the structure. Home enterprise means any occupation conducted within a dwelling unit or accessory structure(s), such as a garage or a barn, along with the incidental use of adjacent land, in which all of the following conditions are met: 1) The business owner resides on the premises. 2) No more than four (4) non-family employees work on-site at a time (employees who report to the site for job assignment and staging purposes in preparation for off-site activity do not count toward this number). 3) The parcel size is a minimum of two (2) acres of Agricultural zoned land. 4) Retail sales conducted on the premises are not the primary purpose or function of the business. 5) Total vehicle trips per day will generally not exceed twenty-five (25). 6) All parking will be situated on the interior of the property and not along any public road or property line. 7) Any mechanical equipment that produces sound levels in excess of fifty (50) decibels, such as air compressors and air guns, will be confined to interior use. 8) Except for one (1) sign, there is no evidence during non-business hours that would indicate from the exterior that the building and/or land is used for purposes not generally found in the Agricultural district. 9) If there is more than one (1) home enterprise on a single parcel, the numerical limitations listed above in lines 2, 5, and 8 will apply cumulatively, i.e.: a total of four (4) nonfamily employees and one (1) sign for all home enterprises combined. 10) The following uses are specifically prohibited from permitted home enterprises: a. Vehicle or equipment rental. b. Camps and campgrounds. c. Adult-oriented businesses. d. Veterinary services (not including pet grooming). e. Animal rescues/kennels. f. Recreational uses. Page 233a - 01/24/2017

235 g. Medical offices. h. Junkyards. i. Salvage operations. j. Convenience stores. Home occupation means any occupation conducted within a dwelling unit, in which all of the following conditions are met: 1) The business owner resides on the premises. 2) No more than one (1) non-family employee works on-site at a time. 3) Retail sales conducted on the premises are not the primary purpose or function of the business. 4) Total vehicle trips per day will generally not exceed ten (10). 5) All parking will be situated on the interior of the property and not along any public road or property line. 6) Any mechanical equipment that produces sound levels in excess of fifty (50) decibels, such as air compressors and air guns, will be confined to interior use. 7) Except for one (1) sign, there is no evidence during non-business hours that would indicate from the exterior that the building is used for non-residential purposes. 8) If there is more than one (1) home occupation on a single parcel, the numerical limitations listed above in lines 2, 4, and 7 will apply cumulatively, i.e.: a total of one (1) nonfamily employee and one (1) sign for all home occupations combined. 9) The following uses are specifically prohibited from permitted home occupations: a. Vehicle or equipment rental. b. Camps and campgrounds. c. Adult-oriented businesses. d. Veterinary services (not including pet grooming). e. Animal rescues/kennels. f. Recreational uses. g. Medical offices. h. Junkyards. i. Salvage operations. j. Convenience stores. Page 233b - 01/24/2017

236 Hotel or motel means a building containing 13 or more guest rooms or suites where lodging is provided for 30 or fewer days for compensation. Inoperable motor vehicle means any motor vehicle incapable of being operated and which, if it were made operable, would have a value less than the cost of making it operable; provided that any motor vehicle not bearing current county or state registration sticker or plates shall be conclusively presumed to be an inoperable motor vehicle. Institutional Use means a property and/or facility that is used for nonpublic education, assisted living and group homes containing greater than 8 clients/occupants, family day homes serving greater than 5 children, and the like. This does not include vocational training facilities or places of worship and those uses customarily accessory to them. Intensive livestock, dairy or poultry facility means a livestock, dairy or poultry operation where, for a period of 45 consecutive days or more, 300 or more animal units are closely confined and not free-ranging, and are fed in the area of confinement. For the purpose of this chapter, 300 animal units shall be equivalent to any of the following, or any combination where the animals are confined in one location: Livestock Livestock Livestock Livestock Dairy Poultry Poultry 300 slaughter or feeder cattle 750 swine each weighing over 100 pounds 150 horses 3,000 sheep or lambs 200 mature dairy cows, milked or dry 16,500 turkeys 30,000 laying hens or broilers Intensive livestock, dairy or poultry structure means a building, structure or site used in the operation of an intensive livestock, dairy or poultry facility, including but not limited to litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, or dead poultry cold storage chests. The term shall not include structures that are used only indirectly in the operation of the facility. Junkyard means the use of any area of more than 200 square feet of land for the buying, selling, storing or abandoning junk or scrap materials. The term shall include the term "automobile graveyard." Kennel, boarding, means a place designed or used to house, feed, train or otherwise handle dogs or cats not belonging to the owner or occupant, in return for compensation. Page 234a - 01/24/2017

237 Kennel, breeding, means a place designed or used to house more than five female dogs or cats, and from which young from more than two litters are sold in any calendar year. Laboratory means an establishment devoted to research, testing, and development of new products and substances, the process for which involves controlled experimentation, specialized machinery, and/or specialized processes. Included in this definition are medical laboratories engaged in professional analytic and diagnostic services and/or the manufacture of custom prosthetics and medical devices. Landfill means a publicly-owned, engineered land burial facility used for the purpose of disposing of solid waste which is operated and maintained such that it poses no substantial threat to the environment or to public health, safety, and general welfare. Limited manufacturing means uses listed within the following groups in the Standard Industrial Classification manual: manufacturing apparel and textiles, printing and publishing, manufacturing electronic and electric equipment, manufacturing instruments and related products, and miscellaneous manufacturing. Livestock means all domestic or domesticated bovine animals, such as cattle; equine animals, such as horses; bovine animals, such as sheep; and porcine animals, such as hogs. Lot means a parcel of land having fixed boundaries, recorded by the clerk of the circuit court as an individual unit of real estate for the purpose of ownership, conveyance or taxation. Lot, corner, means a lot having two adjacent sides abutting on streets. Lot, double-frontage, means a lot having two nonadjacent sides abutting on streets. Machine shop means a commercial facility in which solid raw materials are formed into a desired final shape and size via a controlled material-removal or subtractive manufacturing process. Manufactured home means a structure, subject to federal regulation, which is transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Manufactured home park means any area approved as a manufactured home park by the board of supervisors pursuant to article VII of this chapter. Manufacturing means processing raw materials or unfinished products into finished products. Page 234b - 03/13/2018

238 Materials recovery facility means an operation engaged in the removal and/or reclamation of recyclable materials from solid waste and other previously-manufactured items. Microbrewery means a brewery, other than a limited (i.e. farm) brewery as defined in the Code of Virginia, which produces no more than fifteen thousand (15,000) barrels of fermented, non-distilled alcoholic beverages per calendar year. Microdistillery means a distillery, other than a limited (i.e. farm) distillery as defined in the Code of Virginia, which produces no more than thirty-six thousand (36,000) gallons of distilled alcoholic beverages per calendar year. Mining means the process by which coal, sand, gravel, minerals or ore is removed from any open pit or any underground workings and produced for sale, exchange or commercial use and all shafts, slopes, drifts, or inclines leading to such location and including all buildings, structures, and equipment above and below the surface of the ground used in connection with such process. Quarrying shall be within the definition of mining. Mining shall include all ground-disturbing exploratory activities designed to determine the presence of coal, sand, gravel, minerals or ore, including but not limited to excavation, drilling or boring; however, mining shall not include the drilling or boring of wells for the purpose of obtaining water. Mobile home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home park means any area approved as a mobile home park by the board of supervisors prior to the enactment of article VII of this chapter and designed to accommodate three or more mobile homes. Nature preserve means land undisturbed from or returned to its natural state with no improvements other than unpaved paths for walking, hiking, horseback riding or nonmotorized bicycle riding. Non-profit organization means a non-profit organization incorporated under the provisions of section 501(c)(3) of the federal code. Nonconforming lot means a lot that existed lawfully prior to the adoption or amendment of this chapter but fails, by reason of such adoption or amendment, to conform to the minimum area or frontage requirements of this chapter. Page /13/2018

239 Nonconforming structure means a structure that existed lawfully prior to the adoption or amendment of this chapter but fails, by reason of such adoption or amendment, to conform to the setback, yard, height or other requirements of this chapter. Nonconforming use means a use of a structure or lot that existed lawfully prior to the adoption or amendment of this chapter, but is not permitted by this chapter. Office means an establishment primarily engaged in providing professional, financial, administrative, clerical and other similar services. Office Building means a structure containing multiple office uses. Operator means any person who owns or operates an intensive livestock, dairy or poultry facility, or the land on which it is located. "Outdoor Power Equipment Motorcycle. All-Terrain Vehicle. Watercraft Repair and Storage" means an establishment engaged in the restoration, service, repair, and storage of non-automobile motorized vehicles including outdoor power equipment, farm equipment, motorcycles, all-terrain vehicles, boats and other watercraft. All repair, service, and restoration work must be conducted within an approved building structure. Long-term (more than 30 days) storage of vehicles must be located within an approved building structure or in screened location approved by the Zoning Administrator. Poultry means any domestic or domesticated fowl raised for meat or eggs; including but not limited to chickens and turkeys. Printing and publishing facility means an establishment engaged in the production of printed and digital media such as, but not limited to, books, magazines, newspapers, architectural drawings, engravings, music, photos, and movies. Public or community water or sewer systems means a water or sewer system owned and operated by a municipality, a public service authority, or an individual, partnership or corporation licensed by the state corporation commission and approved by the board of supervisors. Public utility means any company which owns or operates facilities within the Commonwealth of Virginia for the generation, transmission or distribution of electric energy for sale, for the production, storage, transmission, or distribution, otherwise than in enclosed portable containers, of natural or manufactured gas or geothermal resources for sale for heat, light or power, or for the furnishing of telephone service. Pyrotechnics testing/manufacturing means the operations of non-profit entity engaged in the production and testing of fireworks. whereby the entity is licensed and regulated pursuant to 18 U.S.C. Chapter 40. Residential facility means any group home or other residential facility for which the department of mental health, mental retardation and substance abuse services is the licensing authority pursuant to the state law. Page /12/2016

240 Restaurant means an establishment that serves food and beverages primarily to persons seated at tables or counters within the buildings. This includes those establishments that offer quick food service through a limited menu of items already prepared and held for service. Retail store means a building or group of buildings designed or used for display and sale of merchandise, or for the rendering of personal services, to the general public, such as a drugstore, gift shop, hardware store, furniture store, florist, optician, barbershop, or print shop. Retail use, large means any large retail single occupant building or unit used for retail purposes where the primary occupant controls space exceeding 60,000 square feet in gross floor area located in a free standing building and may be included or be a part of a shopping center, possibly sharing parking areas and vehicular travel ways with other buildings or uses and which may be connected by walkways and access ways to other buildings or uses. Road means a public thoroughfare which provides access to abutting property. The term includes terms such as alley, avenue, boulevard, court, drive, lane, street and way. Salvage operation means the use of a lot or structure for collection and storage of inoperable motor vehicles, machinery or other similar materials, for the purpose of reclaiming and selling parts, from which the vehicles, machinery or materials are removed after reclamation of the parts. Self-storage facility means a building or group of buildings, having controlled access, which contain individually-leasable and individually-accessible units for the general safe keeping of items by lessees. A self-storage facility may have a single dwelling unit with an interior floor area no larger than six-hundred (600) square feet, attached to a main office, for a resident manager. Setback means the minimum distance by which any structure shall be separated from the right-of-way of a primary highway; or from the front line of a lot that adjoins a secondary road, subdivision street or private road; or from the centerline of certain secondary roads; or from any side or rear property line. The setback distance shall be measured to the foundation line of all existing and proposed structures; however, no such structure shall have an overhang encroaching more than three feet into the setback unless approved by variances or special exception. Shoreline, normal, means the area immediately adjacent to any state water, including lakes, ponds and streams. More specifically, the line where open waters abut wetlands or fastlands during nonflood and nondrought periods. Short-term Lodging Facility means a portion of an owner-occupied dwelling unit and/or an accessory dwelling unit on 1 parcel in which, for compensation, lodging is provided for 14 or fewer consecutive days in 4 or fewer guest rooms or suites. The property Page /08/2016

241 owner must make themselves present and available as manager as long as guests are staying on the premises, and food service and meals shall not be provided to guests or the general public. A short-term lodging facility shall be considered accessory to the property's principal residential use and shall not detract from the character of that use. Sign means any display of letters, numerals, symbols, or combinations, visible from a public right-of-way, for the purpose of making anything known. The following are excluded from this definition provided they do not have commercial connotations: directional signs, flags or insignia of governments, displays erected by government agencies, architectural features, memorial cornerstones, and commemorative plaques. Sign, building, means any sign that is permanently attached to a building wall and does not extend beyond the side or top of such wall, except in commercial and industrial zoning districts. The term includes wall, window, marquee, bulletin board, changeable copy, and projecting signs, except for traffic control signs. Sign, digital, means any portable or permanent sign or part of a sign on which characters, letters or images can be changed or rearranged electronically by light, digital LED or other display. Sign, monument means any free-standing sign, other than a pylon sign, erected on the existing grade or on a solid base constructed of durable materials which is visually integral to the design of the sign. Sign, off-site, means a sign that directs attention to a product or service not available on the premises on which the sign stands. Sign, on-site, means a sign that directs attention to a product or service available on the premises on which the sign stands. Sign, portable or mobile, means any sign which is not permanently attached to the ground or a permanent structure, such as trailer signs, sandwich boards, posters and banners. Sign, pylon, means any sign supported by one or more posts permanently set in the ground. Sign, temporary, means a sign applying to a seasonal or brief activity such as a political campaign, summer camp, horse show, or auction that is displayed for a short period of time and then removed. Sign area means the total area of a sign within a perimeter enclosing the display, together with any material or color which is an integral part of the display or which is used to differentiate the display from the background against which it is placed. If both sides of a single structure are used for signs, only one side shall be counted. Page /08/2016

242 Story means that portion of a building, other than a basement or attic, between the surface of any floor and the floor next above it, or if there is no floor above it, between the floor and the ceiling above it. Stream means any flowing body of water defined on the USGS 7.5-minute topographic quadrangle maps with a solid blue line. Street, private, means any road, street, highway or other means of vehicular access to a parcel of land not dedicated or intended for public use. Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. The term does not include modifications of the ground (such as paving or gravel), any object below the ground, fences, retaining walls, mailboxes or lawn ornaments. Variance means a relaxation of the terms of this chapter granted by the board of zoning appeals. Vocational Training Facility means a privately-operated, post-secondary school providing education and/or training for a specific occupation, business, trade, or profession, but excludes accessory residential uses, establishments providing training for a use that is not otherwise permitted in the zoning district, and paramilitary-type training facilities. Waters of the state means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction. Wayside stand means any temporary or portable structure not exceeding 500 square feet used for the sale of, by the owner or his family or tenant, on-site farm or food products as defined herein, which is clearly a secondary use of the premises and does not change the character thereof. Yard means a space on a lot free of structures from the ground upward, provided that steps, landings, patios, and similar structures shall not be considered to obstruct a yard if they are less than 30 inches above the ground. Yard, front, means a yard between a building and the lot line adjoining the road, extending across the full width of the lot. For corner lots the front shall be the shorter of the two sides fronting on streets. Yard, rear, means a yard between a building and the rear lot line, extending across the full width of the lot. Yard, side, means a yard between a building and the lot lines that intersect the front lot line, extending from the front yard to the rear yard. Page 238 (B) - 03/08/2016

243 (Ord. of , ; Ord. of , 1919, 1929, 1960, 1964; Ord. of ; Ord. of ; Ord. of (3); Ord. of ; Ord. of (6); Ord. of (2); Ord. of ; Ord. Of ; Ord. of ; Ord. of ; Ord. of ) Sec Intent. The general assembly in et seq., VA Code Ann., has authorized boards of supervisors in counties to adopt zoning ordinances, dividing the unincorporated areas of counties into districts to: (1) Regulate the use of lands and structures; the size, height, area, bulk, location, construction, alteration and removal of structures; the areas and dimensions of land, water and air space to be occupied by structures; the minimum size of yards, courts and other open spaces; and mining of natural resources, in order to promote the health, safety or general welfare of the public; (2) Provide for adequate light, air, convenience of access, and safety from fire, flood, failure of impounding structures, crime and other dangers; (3) Reduce or prevent congestion in the public streets; (4) Facilitate the creation of a convenient, attractive and harmonious community; (5) Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements; (6) Protect against destruction of or encroachment upon historic areas; (7) Protect against overcrowding of land or undue population density; (8) Encourage economic development activities that provide desirable employment and increase the tax base; (9) Preserve agricultural and forestal lands and protect the natural environment; (10) Promote affordable housing; (11) Provide for amendments and changes; (12) Require county planning commissions to perform certain duties; (13) Permit the appointment and prescribe the powers and duties of county boards of Page 238 (C) - 03/08/2016

244 zoning appeals; and (14) Provide methods for enforcement of this chapter and penalties for its violation thereof. (Ord. of , preamble; Ord. of (7)) Secs Reserved. Page 238 (D) - 03/08/2016

245 Article II - Administration DIVISION 1. - GENERALLY Sec Authority. (a) The authority of the zoning administrator shall be vested in the position of Planning Director unless otherwise appointed by the County Administrator. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce the provisions of this chapter, including, but not limited to: 1) Interpreting this chapter and the county's zoning maps and zoning district boundaries; 2) Making determinations and decisions on matters arising from or related to the provisions of this chapter; 3) Ordering in writing the correction of any violation of this chapter and taking all necessary steps, including bringing legal action, to ensure compliance; 4) Administering and enforcing all conditions placed on any approved special use permit or special exception; and 5) Administering and enforcing proffers accepted as part of any approved conditional zoning application. (b) The zoning administrator may appoint other staff members to act on his/her behalf in order to assist with the administration of his/her duties. (c) The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. (Ord. of May 10, 2016) Sec Violations. (a) All departments, officials or public employees of the county vested with the duty or authority to issue permits or licenses shall perform their duties in accordance with the provisions of this chapter. They shall issue permits for uses or buildings only when such permits conform to the provisions of this chapter. Any permits issued in conflict with the provisions of this chapter shall be null and void, unless a vested rights claim is substantiated in accordance with applicable provisions of the Code of Virginia. In such cases, the established use(s) and/or building(s) shall be considered a lawful nonconformity in accordance with Article III of this chapter. (b) Upon receipt of a complaint pertaining to any alleged violation of this chapter, the zoning administrator or his/her appointee shall first verify the legitimacy of the complaint and then serve a written notice of violation to the person committing or permitting the violation(s). The notice shall specify the violation, necessary actions by which to abate the violation, a reasonable Page /10/2016

246 timeframe by which the abatement is to be completed, and any right-of-appeal notice required by the Code of Virginia. Should the violation(s) not be abated by the offending party within the timeframe specified by the zoning administrator or his/her designee, then the zoning administrator shall initiate such action as necessary to abate or remedy the violation(s). (c) Any person to whom a notice of violation has been issued may file with the board of zoning appeals an application for administrative appeal pursuant to Sec of this chapter. In such cases, enforcement action shall continue only after the board of zoning appeals reaches a decision to deny the appeal. The determination of a violation shall be final and unappealable if not appealed within thirty (30) days of the date of the notice of violation, pursuant to of the Code of Virginia. (Ord. of May 10, 2016) Sec Penalties. Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor more than $1,500. (Ord. of , - Ord. # PH2) Sec Interpretation of zoning district boundaries. Unless zoning district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any zoning district as shown on the zoning map, the following rules shall apply. (a) Where zoning district boundaries are indicated as following property lines, such property lines shall be construed to be the zoning district boundaries. (b) Where zoning district boundaries are indicated as following or being parallel to or at right angles with the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines parallel to or at right angles with such centerlines shall be construed to be such boundaries, as the case may be. (c) Where a zoning district boundary is indicated to follow a river, creek, branch or other body of water, the boundary shall be construed to follow the centerline at low water of such body of water. In the event of change of the centerline, such boundary shall be construed as moving Page /10/2016

247 with the actual centerline. (d) Where a zoning district boundary is indicated to follow the centerline of a public or private right-of-way, the zoning of such areas shall be construed to be the same as the abutting property up to said centerline. (e) Whenever any public right-of-way is vacated or abandoned, the zoning district applicable to the property to which it is reverted shall apply to such vacated or abandoned right-of-way. (f) If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the zoning administrator shall refer the matter to the board of zoning appeals, which shall determine the boundary. (Ord. of , 1804, Ord. of May 10, 2016) Sec Conflicting ordinances, statutes and regulations. Whenever any section or provision of this chapter imposes higher standards than are required in any other county ordinance or regulation, the provision of this chapter shall govern. Whenever any section or provision of any federal or state statute or other county ordinance or regulation imposes higher standards than are required by this chapter, the provision of such statute, ordinance or regulation shall govern. (Ord. of , 1805) Sec Payment of all delinquent taxes and fees prior to filing application Prior to, or in conjunction with, 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 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the applicant shall be required to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, 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, have been paid, in accordance with (B) VA Code Ann. (Ordinance ). Sec Severability. Should any section or provision of this ordinance be decided by the courts to be unconstitutional Page /10/2016

248 or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid. (Ord. of May 10, 2016) Secs Reserved. DIVISION 2. - BOARD OF ZONING APPEALS Sec Appointment and organization. A board of zoning appeals (BZA) consisting of five members must be appointed by the circuit court in accordance with the provisions of Code of Virginia, It shall have the powers set forth in Code of Virginia, Any member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court after a hearing held after at least 15 days' notice. (Ord. of , ; Ord. of ) Sec Rules and regulations. (a) Meetings. The BZA shall adopt such rules and regulations as it deems necessary to carry out the duties imposed by this ordinance [Ordinance of ]. The meetings of the BZA will be held at the call of the chair or at such times as a quorum of its members may determine. All meetings of the BZA must be open to the public. For the conduct of any hearing, a quorum shall be not less than a majority of all the members of the BZA. (b) Minutes. The BZA must appoint a secretary to the BZA, without vote, to prepare minutes of meetings, keep all records, and conduct official correspondence of the BZA. The BZA may elect as secretary either a member of the BZA or a qualified individual who is not a member of the BZA. If the secretary is not a member of the BZA, then the secretary is not entitled to vote on any matters before the BZA. In the absence of the secretary at any meeting, the BZA must appoint some other person, who may or may not be a member of the BZA, to prepare the minutes. The minutes must show the vote of each member upon each question, or indicate if any member is absent or fails to vote. All records of official actions become part of the permanent records of the BZA. (c) Voting. The concurring vote of three members is necessary to reverse or modify any order, requirement, decision or determination of the zoning administrator or to grant a variance. No action of the BZA is valid unless authorized by a majority vote of those present and voting. Excluded from the requirements of this section are matters governed by , VA. Code Ann. (d) Conflict. Any member of the BZA is disqualified to act upon a matter with respect to property Page /10/2016

249 in which the member has an interest as set forth in the Virginia Conflict of Interests Act, et seq., VA Code Ann. (Ord. of , ; Ord. of ; Ord. of (8)) Sec Officers. The board of zoning appeals shall choose annually its own chair and a vice-chair who shall act in the absence of the chair. The chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses. (Ord. of , ) Sec Powers, duties. The board of zoning appeals shall have the power and duty to hear and decide appeals, and to hear and decide applications for variances in accordance with Code of Virginia, The board of zoning appeals shall have no power to grant special exceptions. (Ord. of , , Ord. of May 10, 2016) Sec Other employees; compensation. Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical or clerical services. Members may receive such compensation as the board of supervisors authorizes. (Ord. of , ) Sec Reserved. Sec Appeals from decisions of the zoning administrator. (a) Appeals authorized. An appeal to the BZA may be taken by any person aggrieved or by any officer, department or board of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant to this ordinance. Such appeals must be made within 30 days after the decision appealed from. Appeals are made by filing a notice of appeal with the zoning administrator and with the BZA. The notice of appeal must specify the grounds for appeal. (b) Document transmittal. The zoning administrator must immediately transmit to the BZA all the papers constituting the record upon which the action appealed from was taken. Page /10/2016

250 (c) Stay in proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the BZA that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown. (d) Fee. Appeals must be accompanied by a cash payment to the county in accordance with the established fee schedule set by the board of supervisors. (e) Time of hearing. Upon receipt of the appeal, the BZA must fix a reasonable time for the hearing, give public notice in accordance with Code of Virginia, and , as well as due notice to the parties in interest as required by law. (f) Time of decision. The BZA must make its decision within 90 days of the filing of the appeal. (g) Decision by BZA. In exercising its powers the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. (h) Withdrawal of appeal. An appeal to the BZA may be withdrawn by the appellant at any time prior to the deadline for cancellation of the newspaper advertisement provided for in this article. After such deadline, an appeal may be withdrawn only with the permission of the BZA. An appeal which is not withdrawn as provided for in this subsection must be either granted or denied on the merits by the BZA, either in whole or in part. (Ord. of , 1604; Ord. of ) Sec Appeals from decisions of board of zoning appeals. Any person or persons jointly or severally aggrieved by any decision of the BZA, or any aggrieved taxpayer, or any officer, department, board or bureau of the county, may file with the circuit court a petition specifying the grounds on which it is aggrieved within 30 days after the final decision of the BZA. (Ord. of , 1605; Ord. of ) Sec Fees. There may be a charge for the examination and hearing of applications for appeals to the board of zoning appeals. Fees shall be established by the board of supervisors and shall be paid at the time the appeal is filed. (Ord. of , 1606) Page /10/2016

251 Sec Administrative variance. * Repealed (Ord ) Secs Reserved. DIVISION 3. - APPEALS FROM DECISION OF BOARD OF SUPERVISORS Sec Authorized. Any person aggrieved by any decision of the board of supervisors, or any aggrieved taxpayer, or an officer, department, board or bureau of the county may appeal such decision by presenting to the circuit court a petition specifying the grounds on which aggrieved. Such appeal shall be taken within 30 days of the decision of the board of supervisors. (Ord. of , ) Sec Reserved. Sec Reserved. Sec When testimony required. If upon a hearing under this division it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or modify the decision brought up for review. (Ord. of , ) Sec Costs. Costs shall not be allowed against the board of supervisors unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. (Ord. of , ) Secs Reserved. Page /10/2016

252 DIVISION 4. - ZONING PERMITS AND SITE PLANS. Sec Zoning permit requirements. (a) When required. Except as provided for in the following subsections, a zoning permit shall be required for: 1) The erection, construction, reconstruction, or moving of a building and/or structure or part thereof; 2) Any alteration of a building and/or structure whereby the physical footprint and/or height is changed; 3) For the establishment of any new land use; and 4) For any proposed change in use within a structure that is used in whole or in part for nonresidential purposes. (b) When not required. Unless otherwise regulated by approved proffers or county-imposed conditions, a zoning permit shall not be required for: 1) At-grade modifications (e.g. patios, landings, sidewalks, and driveways, but not including pools); 2) Below-grade modifications, not including new well and septic drainfield installations; 3) Building interior modifications not qualified under Sec (a); 4) Accessory structures up to one-hundred fifty (150) square feet; 5) Graveyards, including crypts/mausoleums up to fifteen-hundred (1,500) square feet; 6) Sign "refacing" (i.e. the like-for-like replacement of a permanent, conforming sign's advertising message whereby the physical dimensions of the sign do not change); 7) Fences, handrailing, screening walls, and retaining walls; 8) Common residential yard accessories (e.g. LP-gas or oil tanks, air conditioning units, mailboxes, flagpoles, satellite dishes); and 9) Home enterprises and home occupations. (c) Agricultural uses. A zoning permit shall not be required for any bona fide agricultural structure (e.g. a pole barn or silo) or the establishment of any agriculture use as defined in Sec. 70-1, unless the use is identified as having parking requirements in Article V, Division 5 of this chapter. A zoning permit shall be required for any structure or use regulated by Article VIII of this chapter (Intensive Livestock, Dairy, and Poultry Facilities). (d) Expiration. An approved zoning permit shall expire if construction and/or establishment of the permitted use does not commence within six (6) months from the date of approval. (e) Temporary uses. A temporary zoning permit shall be required for certain temporary uses permitted in individual zoning districts as provided for elsewhere in this chapter. (Ord. of , 1101; Ord. of ; Ord. of ) Page /24/2017

253 Sec Administrative site plans. (a) Applicability. An administrative site plan shall accompany each application for a zoning permit to establish or modify any of the following: 1) Single-family detached dwelling, two-family dwelling, or manufactured home. 2) Any use which is customarily incidental (i.e. accessory) to the above principal uses. 3) Farm stand, wayside stand, or farm enterprise. 4) ADA-accessibility improvements, of up to two-thousand, five-hundred (2,500) square feet, to any existing building or structure. 5) Any nonresidential use which results in total land disturbance under two-thousand, five-hundred (2,500) square feet. 6) Any nonresidential change of use within an existing structure that results in no land disturbance nor necessitates any additional site improvements that may be required by this chapter. 7) Temporary uses. 8) Signs. (b) Plan preparation. An administrative site plan may be hand-drawn or prepared by a licensed surveyor, engineer, or architect. Hand-drawn plans shall not be accepted for the modification of any nonconforming structure or for any principal use on property zoned Planned Residential (R-3) or Multifamily Residential (R-4). (c) Contents of plan. Each administrative site plan shall be shown on either a current survey of the property or on the most-current survey of the property on record in the Circuit Court, and shall depict, as appropriate: 1) Property lines and their courses and measurements; 2) The tax parcel number, acreage of the lot, scale, and north arrow; 3) The location, dimensions, height, and proposed setbacks from property lines and from bodies of water for all existing and proposed buildings and structures on the lot; 4) Existing and proposed driveways, travelways, and parking areas; 5) The location of streams and other bodies of water on the lot; 6) Modifications to existing drainageways; 7) Installation or modification of a stormwater best management practice (BMP); 8) Compliance with any proffers, variances, and/or county-imposed conditions; and 9) All public and private rights-of-way (including easements), their name(s), and the width of said rights-of-way. (d) Exceptions. For properties which have no current plat or survey, or where the plat or survey is of too large a scale so as to inhibit the accurate drawing of the site plan, an illustration of property line locations along with the site plan elements may be accepted in lieu of a plat or survey. This shall be at the sole discretion of the zoning administrator. Page /10/2016

254 (e) Modification of requirements. Any of the administrative site plan elements may be waived or modified in circumstances in which they are not applicable or where they bear no relation to the proposed use. The zoning administrator may require the submission of additional materials necessary to satisfactorily administer the requirements of this ordinance. (f) Expiration. Administrative site plans shall have the same expiration provisions as the accompanying zoning permit, as specified in Sec (Ord. of , , Ord. or May 10, 2016) Sec Minor site plans. (a) Applicability. Prior to an application for a zoning permit, a minor site plan shall be reviewed and approved by the zoning administrator for the following: 1) Any use which results in total land disturbance of less than one (1) acre, unless specifically subject to administrative site plan requirements. (b) Plan preparation. A minor site plan shall be prepared by a licensed surveyor, engineer, or architect. (c) Contents of plan. In addition to the administrative site plan elements specified in Sec (c), a minor site plan shall also depict, as appropriate: 1) Project name, a written description of the proposed use(s), current property owner(s) and address(es), and the plan preparer's information; 2) A vicinity map; 3) The zoning classification of the property; 4) Approval blocks for relevant review departments and/or agencies; 5) All information necessary to show compliance with the parking, loading/unloading, and landscaping requirements pursuant to Article V, Division 5 of this chapter; 6) Any required buffer yards and the associated fencing and landscaping; 7) Any known places of burial; 8) All easements; 9) All existing and proposed utilities; 10) North, south, east, and west elevation drawings for all principal structures; 11) Proposed signage; 12) Photometric drawings and fixture/installation details for all exterior lighting; 13) Existing topography and proposed final grades; 14) The extent of any land disturbance and all erosion control measures and plans pursuant to Chapter 26 of this Code and/or requirements of the Code of Virginia; 15) The name, phone number, certification number, and certification expiration date for the designated responsible land disturber(s), pursuant to Chapter 26 of this Code; 16) The location of any flood hazard areas, mapped dam inundation zones, or Page /08/2018

255 previously-delineated/identified wetlands present on the site; and 17) All proposed transportation improvements within the site and external to the site. (d) Timeframe for review. Permissible timeframes for review and approval of any minor site plan shall be in accordance with of the Code of Virginia. (e) Expiration. Minor site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued. (Ord. of , , Ord. of May 10, 2016; Ord. of ) Sec Major site plans. (a) Applicability. Prior to an application for a zoning permit, a major site plan shall be reviewed and approved by the zoning administrator for the following: 1) Any use which results in total land disturbance of one (1) acre or more, except for single-family detached dwellings, two-family dwellings, and manufactured homes. (b) Plan preparation. A major site plan shall be prepared by a licensed surveyor, engineer, or architect. (c) Contents of plan. In addition to the minor site plan elements specified in Sec (c), a major site plan shall also depict, as appropriate: 1) The owners, tax parcel numbers, sources of title, zoning classifications, and current uses of all adjacent properties; 2) A current boundary survey of the site; 3) Existing and proposed lot coverage ratios; 4) The estimated daily vehicular trip generation figures for the development; 5) Provisions and best management practices for addressing stormwater requirements; 6) Details for any retaining walls; 7) Tree-save areas and/or areas to remain undisturbed; 8) Any proposed phasing of development; 9) A soils evaluation; 10) The identification and delineation of any wetlands; 11) The design and placement of any refuse facilities; and 12) Any information related to existing archeological or historical resources. (d) Additional review. The zoning administrator may refer a major site plan to the planning commission or other appointed or elected review committee if it is determined the proposed project, based on the intensity, potential impacts, or complexity of approved proffers or Page /08/2018

256 conditions, would warrant an additional level of review. (e) Timeframe for review. Permissible timeframes for review and approval of any major site plan shall be in accordance with of the Code of Virginia. (f) Zoning compliance certificates. A zoning compliance certificate shall be required for all site work and improvements approved via the minor or major site plan approval process, prior to issuance of any permanent certificate of occupancy by the Building Official. The purpose of the zoning compliance certificate is to confirm that all site improvements required pursuant to this chapter, to the approved site plan, to accepted proffers, and/or to other county-imposed conditions are installed in substantial conformance with said requirements. The zoning administrator may rely on any reasonable means necessary to determine "substantial conformance," particularly in circumstances where the professional licensure of others is required to properly confirm the validity of the installed improvement. 1) Temporary certificates. In situations where the building or structure must be occupied and the use must otherwise commence prior to completion of all required improvements, the zoning administrator may issue a temporary zoning compliance certificate subject to the following: i. The period of validity for the temporary certificate may not exceed six (6) months, unless the zoning administrator approves a longer period of time for unusual circumstances. ii. The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety, or welfare of persons using the site. iii. The property owner or authorized agent submits a written performance guarantee specifying the required improvements yet to be completed and the timeframe required for their completion. The guarantee shall be accompanied by a surety payable to the county in an amount determined by the county to be sufficient to ensure satisfactory completion or all required improvements yet to be completed within the timeframe of the temporary certificate. The guarantee may be in the form of cash/check, an irrevocable letter of credit, or other collaterally-assigned funds acceptable to the county attorney. The developer shall submit a surety estimate, to be approved by the county, along with a reasonable amount for administrative costs not to exceed ten (10) percent of the estimated costs. iv. The surety requirement may be waived in instances where the unfinished improvements have an estimated cost of no greater than five-hundred dollars ($500). v. The county may make use of the surety if the obligee fails to comply with the terms of the performance guarantee or the county determines the unfinished improvements have not been completed in a timely manner so as to negatively impact the public health, safety, or general welfare. Alternatively, the county may revoke the certificate of occupancy until Page /10/2016

257 said terms are fulfilled. (f) Expiration. Major site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued. (Ord. of , '' , ; Ord. of , '' , ; Ord.of ; Ord. of , Ord. of May 10, 2016) Sec Fee for review. An applicant for a zoning permit shall pay a fee for the review and approval of the site plan and the issuance of the zoning permit in accordance with the schedule of fees adopted by the board of supervisors. (Ord. of , ) Sec Electric service. It shall be unlawful for any electric company to furnish electricity to any new structure, building or newly located manufactured or mobile home unless a zoning permit has been issued. (Ord. of , ) Sec Temporary use permits. (a) Permit and application requirements. A zoning permit for a temporary use is required for certain temporary uses permitted in individual zoning districts. Application for such permit shall be made at least one week prior to the date on which the permit is to take effect. The application shall be made on a form provided by the zoning administrator and shall include information about the proposed use, products to be sold, signs, and related licenses and permits. (b) Revocation of temporary permit. The zoning administrator may revoke a temporary permit at any time subsequent to the failure of the owner or operator of the permitted use to observe all requirements of the law with respect to the maintenance and conduct of the use, and any conditions of the permit that were designated by the zoning administrator when issued. Upon receipt of notice of revocation of the permit, the property owner or operator of such activity shall cease operation of the activity immediately. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this section. (c) Public uses excluded. Any use located on government-owned property which is approved by the County, shall not be considered a temporary use subject to this section and section (d) Civic or non-profit organization use exempted. The operation of a temporary use by a civic or non-profit organization is exempt from the requirements of this section and section Page /10/2016

258 (e) Signs. Notwithstanding other regulations governing signs in this ordinance [Ord. of ], only one sign is permitted for each temporary use, which shall be displayed only during the period approved for the temporary use. (Ord of ) Secs Reserved. DIVISION 5. - SPECIAL USE PERMITS Sec Considerations. In granting a special use permit, the planning commission and the board of supervisors shall consider whether the proposed use would further the purposes of the comprehensive plan and this chapter; whether it would threaten the public health, safety or welfare; whether it would be compatible with its surroundings; whether it would impact the environment or any natural, scenic, or historic features; and whether it would result in a substantial detriment to the surrounding property. (Ord. of , , Ord. of May 10, 2016) Sec Conditions authorized. In granting a special use permit, the planning commission may recommend and the board of supervisors may impose reasonable conditions to protect the public health, safety and general welfare. The board may require the posting of a bond as a reasonable condition to ensure compliance with the approved permit or any part thereof. (Ord. of , ) Sec Notice and hearing required. No action to approve, modify, or deny a special use permit may be taken by the governing body except after notice and hearing as provided in Code of Virginia, The Planning Commission shall hear and provide recommendations on all special use permit applications, unless otherwise specified. (Ord. of , , Ord. of May 10, 2016) Sec Expiration and revocation. (a) Unless otherwise provided in the conditions of approval, any special use permit shall expire become void if the applicant does not obtain a building permit for the facility or otherwise commence the use within two (2) years of its issuance. In the event any use allowed by a special Page /10/2016

259 use permit is discontinued for a period of two (2) years or longer, the use shall be deemed abandoned and the special use permit shall become void. Renewal and/or reestablishment of such a use shall require a new application, public notice, and subsequent approval by the board of supervisors. (b) For instances in which the conditions of a special use permit are not met or when complaints have been received and verified, and administrative enforcement procedures have been pursued without success, the zoning administrator shall bring the matter before the board of supervisors for a public hearing to determine the appropriateness of revoking the special use permit. (Ord. of , ; Ord. of , Ord. of May 10, 2016) Sec Application submittal requirements and review. (a) Each application for a special use permit shall contain the following: 1) Application form(s), appropriate fees, and authorization by the property owner, if applicable. 2) A general concept plan, no smaller than 11"x17", illustrated on a plat or survey of the property, which may be hand-drawn or non-engineered, and which clearly shows all existing conditions and proposed changes to the property that will result from the application. These shall include, at a minimum: i. Existing roads, driveways, utilities, and easements; ii. Existing structures and/or uses and their distances to property lines; iii. Proposed structures and/or uses and their orientation on the property; iv. Proposed utilities; v. Proposed grading; vi. General parking and landscaping areas; vii. The location of wetlands, floodplains, streams, and other bodies of water; viii. Any proposed subdivision of the property; ix. Any proposed phasing of development; x. General signage types and locations; and xi. Proposed roads and driveways. 3) A written narrative describing the scope of the proposal, including at a minimum: i. A detailed project description and how it aligns with the goals and objectives of the comprehensive plan; ii. Anticipated traffic volumes and related traffic impacts; iii. A fiscal impact analysis including expected economic benefits and costs to the county; iv. Impacts on the provision of public services; v. An environmental impact analysis; Page /10/2016

260 vi. vii. An analysis of impacts on historic and cultural resources; and Anticipated impacts to neighboring properties and how those impacts will be mitigated. 4) Any other information, as required in writing upon review of the application by the zoning administrator, that is relevant to the unique characteristics of the application and/or will further assist the governing body in their decision of approval or denial of the application. (b) An application that provides all of the required information, in appropriate detail, shall be determined to be complete and be accepted for review. An application omitting any required information shall be deemed to be incomplete and shall not be accepted, unless the zoning administrator determines the missing information is not required to adequately review the application. 1) The zoning administrator shall determine whether an application is complete within ten (10) business days after the application is received. If the application is deemed to be incomplete, the zoning administrator shall inform the applicant, in writing, of the deficiencies in the application. 2) Applications deemed incomplete shall have the required missing information submitted within ninety (90) calendar days of the date of the zoning administrator's notice, as required by the above section, or the application will become void and subject to the provisions of Sec (c) The zoning administrator shall refer the application to the planning commission only after allowing for a sufficient time period for review, not to exceed forty-five (45) business days, by other county departments and external agencies. (Ord. of May 10, 2016) Sec Limitation on applications. No application for a special use permit shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied special use permit application for the same lot. This section however shall not prohibit the board of supervisors from proposing a special use permit by way of their own motion. (Ord. of May 10, 2016) Sec Appeal. Any person aggrieved by a board decision to approve, modify, deny, or revoke a special use permit may file an appeal in the circuit court within thirty (30) days of the date of the board action. (Ord. of May 10, 2016) Page /10/2016

261 Secs Reserved. DIVISION 6. - SPECIAL EXCEPTIONS Sec Generally. For the purposes of this chapter, the terms special exception and special use permit are interchangeable. Special exceptions are considered special uses which constitute minor deviations from certain existing ordinance requirements, where specifically authorized in this chapter. Special exceptions shall have the same administrative and procedural requirements as special use permits, as specified by Division 5 of this Article. However, applications for special exceptions shall only necessitate a public hearing by the board of supervisors, unless the board refers an application to the planning commission for their review and recommendation. (Ord. of May 10, 2016) Secs Reserved. DIVISION 7. - ZONING MAP AMENDMENTS Sec Generally. The board of supervisors may change the zoning classification of one or more properties, or part(s) thereof, whenever the public necessity, convenience, general welfare, and/or good zoning practice gives need for such action, and whereby a determination of general conformance with the comprehensive plan is found. The planning commission shall hear and provide recommendations on all zoning map amendments, and shall consider these bases when formulating its recommendations. Zoning map amendments may be initiated by the board of supervisors, planning commission, or by the property owner. (Ord. of May 10, 2016) Sec Reserved Sec Conditional zoning. (a) Authority to accept proffers. The board of supervisors is authorized to accept proffers in conjunction with an owner-initiated zoning map amendment pursuant to of the Code of Virginia. (b) Purpose. Proffers (i.e. voluntary conditions submitted by the applicant) are intended to provide for the orderly development of land in situations where a more flexible and adaptable regulatory mechanism is needed to adequately address impacts to the community and locality arising from a proposed zoning map amendment. Such conditions are generally intended to be Page 255(a) - 05/10/2016

262 unique to the property while supplementing the underlying zoning district regulations, and carry the same applicability and enforceability as such. (c) Form. All proffers to be volunteered shall be in writing and shall be signed by the applicant. Such proffered conditions shall be made on a standard form approved by the county attorney. (d) Submittal. Proffers may be submitted in conjunction with an application for a zoning map amendment at any time prior to the public hearing by the board of supervisors. The applicant may amend said proffers as so desired during that timeframe. The board may, at its sole discretion, accept proffer amendments once the public hearing has begun, provided the changes do not materially affect the proposal. (e) Acceptance and effect. The board may accept proffers in their entirety, only accept certain proffers, and/or accept portions thereof. Once accepted in conjunction with an approved zoning map amendment, the proffers shall remain in full force and effect unless a subsequent amendment to said proffers is approved or the zoning classification is changed. (f) Amendments to accepted proffers. Once accepted by the board in conjunction with an approved zoning map amendment, proffers may only be further amended via a subsequent owner-initiated zoning map amendment. An application to amend proffers shall be subject to procedural requirements under Sec However, no further recommendation by the planning commission shall be required unless the board refers the proposed proffer amendment to the commission for a public hearing and recommendation. In consideration of an application to amend proffers, the board may, at its sole discretion, waive the public hearing requirement if it determines the proposed amendments do not materially affect conditions relating to allowable uses or density. (Ord. of May 10, 2016) Sec Application submittal requirements and review. Application submittal requirements and review procedures for an owner-initiated zoning map amendment shall be the same as those for special use permits, as prescribed in Sec Additionally, the owner may choose to volunteer proffers in conjunction with the application, pursuant to Sec (Ord. of May 10, 2016) Sec Limitation on applications. No application for an owner-initiated zoning map amendment shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied application. This section however shall not prohibit the board of supervisors from initiating a zoning map amendment by way of their own motion. Page 255(b) - 05/10/2016

263 (Ord. of May 10, 2016) Sec Notice and hearing required. No action to approve or deny a zoning map amendment or amendment to previously-approved proffers may be taken by the board except after notice and hearing as provided in the Code of Virginia, The Planning Commission shall hear and provide recommendations on all proposed zoning map amendments. (Ord. of May 10, 2016) Sec Appeal. Any person aggrieved by a board decision to approve or deny a zoning map amendment or proffer amendment may file an appeal in the circuit court within thirty (30) days of the date of the board action. (Ord. of May 10, 2016) Secs Reserved. DIVISION 8. - ZONING TEXT AMENDMENTS Sec Intent. Pursuant to Code of Virginia, , the board of supervisors may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries established in this chapter, as provided in this division. (Ord. of , 1701) Sec Initiation. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the board of supervisors may, by ordinance, amend or repeal the text of this chapter. Such amendments may be initiated by the board of supervisors or the commission, or by a property owner in accordance with procedural requirements and application requirements established by the board of supervisors. (Ord. of , 1702, Ord. of May 10, 2016) Sec Report by the planning commission. Upon initiation to amend the zoning ordinance, the planning commission shall advertise and hold Page 255(c) - 05/10/2016

264 a public hearing pursuant to Code of Virginia, and report to the board of supervisors its recommendation with respect to the proposed amendment. (Ord. of , 1703; Ord. of , Ord. of May 10, 2016) Sec Board of supervisors public hearing. Before adopting any amendment, the board of supervisors shall hold a public hearing on the amendment, pursuant to Code of Virginia, , after which the board of supervisors may make appropriate changes or corrections in the proposed amendment. (Ord. of , 1704, Ord. of May 10, 2016) Sec Minimum period for refiling denied applications. If the board of supervisors shall deny the petition of any property owner, substantially the same petition shall not be reconsidered for a period of one year from the original decision by the board of supervisors unless a change in conditions warrants rehearing. (Ord. of , 1705) Sec Withdrawal of petitions. Any petition filed pursuant to this division may be withdrawn upon written request by the applicant provided that, if the request for withdrawal is made after publication of the notice of hearing, such withdrawal shall be only with the consent of the planning commission or the board of supervisors, whichever body has advertised the hearing. (Ord. of , 1706) Sec Fees. There shall be a charge for the filing, examination, advertising and conducting public hearings by the agent, commission and board of supervisors. Fees shall be established by the board of supervisors and shall be paid at the time of filing. Application fees are waived for the county school board or any agency, board, division or commission acting in the name of the board of supervisors. (Ord. of , 1707) Secs Reserved. Page 255(d) - 05/10/2016

265 Article III - Nonconformities Sec Continuation. (a) If any legally established lot, structure or use does not conform to the provisions of this chapter, such lot, structure or use may continue as provided in this section. It shall be up to a written determination by the Zoning Administrator, upon application by a property owner, to establish the lawful existence of a nonconforming structure or use on a property and the rights associated with such a structure or use in accordance with this chapter and the Code of Virginia. The burden of proving the lawful nonconforming status of a structure and/or use falls upon the owner. (b) The right to continue a nonconforming lot, structure or use shall not be impaired by any change in title or occupancy. (c) If any nonconforming use is discontinued for a period exceeding two years, it shall be deemed abandoned; and any subsequent use shall conform to the requirements of this chapter. Any sign advertising a use that has been deemed abandoned shall also be deemed abandoned. Such a sign shall be removed by the owner of the property on which the sign is located, upon written notification and request by Orange County. The county reserves the right, after a reasonable attempt to notify said owner, to enter onto the property to remove the sign in accordance with of the Code of Virginia. (d) Except as otherwise provided, if a nonconforming lot, structure or use has been changed such that it more nearly conforms to the requirements of this chapter, it shall not be returned to the previous nonconforming condition, or changed such that it is farther from conforming to the requirements of this chapter. (Ord. of , 1201; Ord. of ) Sec Nonconforming lots. Any nonconforming lot may be used for any use permitted by the underlying zoning district so long as all requirements of this chapter, except for existing nonconforming area and frontage regulations, are followed. (Ord. of ) Sec Nonconforming structures. (a) Nothing in this chapter shall be deemed to prevent the repair, maintenance or strengthening of a nonconforming structure or to correct an unsafe condition. The removal, destruction or moving of a nonconforming structure, of the owner's own Page /28/2015

266 volition, shall cause said structure to lose its lawful nonconforming status. Such a structure shall only be replaced in conformance with the requirements of the underlying zoning district. This subsection shall not be construed to prevent an owner of a nonconforming structure from reducing the footprint of said structure. (b) A nonconforming structure damaged or destroyed by fire or an act of nature may be restored or replaced within its original footprint or smaller. Such work shall be in accordance with the Uniform Statewide Building Code and Chapter 34 of the Orange County Code. Unless such a building is repaired, rebuilt or replaced within two years of the date of the fire or act of nature, such building shall only be repaired, rebuilt or replaced in conformance with the requirements of the underlying zoning district. In the event of a federal disaster declaration, the timeframe to repair, rebuild or replace the structure shall be four years from the date of the fire or act of nature. (c) Nothing in this chapter shall be construed to prevent the land owner or home owner from removing a lawful nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. The owner of a lawful nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home that meets the current HUD manufactured housing code. Any such replacement home shall retain the lawful nonconforming status of the prior home. (Ord. of , 1202; Ord. of ) Sec Expansion or enlargement. (a) A nonconforming structure or use may be expanded or enlarged only in conformance with the requirements of this chapter. If a structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged provided the new portion of the structure is no closer to the affected property line than the nonconforming portion. Such an expansion or enlargement of a residential structure may be up to 50% of the original footprint of the nonconforming structure. Such an expansion or enlargement of a nonresidential structure may be up to 25% of the original footprint of the nonconforming structure. (b) A nonconforming use if changed to a conforming use, shall not thereafter be reverted back to any nonconforming use. A nonconforming use may, by special exception approved by the Board of Supervisors, be changed to another nonconforming use, provided that the proposed use does not detract from the character of the zoning district to a greater degree than the existing nonconforming use. (c) A nonconforming use may be extended throughout any part of a structure or parcel which was arranged or designed for such use at the time of enactment or amendment of this chapter. Any expansion of the use beyond this shall only be in conformance with Page /10/2017

267 the requirements of the underlying zoning district. (d) The refacing of a lawful nonconforming sign, with or without a digital component as otherwise provided for in this chapter, shall not be considered an expansion of a nonconforming use or an increase in intensity. (Ord. of , 1204; Ord. of ; Ord of ) Secs Reserved. Page 257(b) - 01/10/2017

268 Article IV - District Regulations DIVISION 1. - GENERALLY Sec Zoning districts. (a) For the purpose of this chapter, the unincorporated areas of Orange County, Virginia are hereby divided into the following zoning districts: Agricultural (A). Limited Residential (R-1). General Residential (R-2). Planned Residential (R-3). Multifamily Residential (R-4). Limited Commercial (C-1). General Commercial (C-2). Limited Industrial (I-1). General Industrial (I-2). Barboursville Village Overlay District Planned Development Business (PDB). Planned Development Mixed Use (PDM). Planned Development Traditional Design (R-5) (b) The location and boundaries of these districts are shown on the zoning maps of the county, incorporated in this section by reference and on file in the county offices. (Ord. of , 101) Sec Unauthorized uses prohibited. Any use not expressly permitted or permitted by special use permit in a specific district is prohibited. - (Ord. of , 102) Secs Reserved. Page /14/2018

269 DIVISION 2. - AGRICULTURAL ZONING DISTRICT Sec Intent. The agricultural zoning district (A) comprises most of the land area of the county. It preserves the rural character of the county by protecting agriculture from conflicts with incompatible uses and discourages the random scattering of commercial and industrial uses and residential developments. In addition to agriculture, it permits the traditional rural pattern of homes and small businesses. (Ord. of , 201) Sec Permitted uses. In the agricultural district, land may be used for the following uses, and any accessory use that is customarily incidental to such uses, including home occupations and home enterprises : 1) Agriculture. 2) Agritourism. 3) Bed and breakfast inn. 4) Short-term lodging facility. 5) Single-family dwelling. 6) Two-family dwelling. 7) Manufactured home. 8) Place of worship. 9) Cemetery or graveyard. 10) Sign subject to sections and et seq. 11) Farm enterprise, farm stand, wayside stand. 12) Farmer's market of up to 4,000 square feet gross floor area. 13) Temporary uses, with a zoning permit pursuant to sections and , limited to the following: a. Temporary or seasonal sales. b. Special events. 14) Accessory Apartment. 15) Commercial Kitchen or Smokehouse. (Ord. of , 202; Ord. of (2); Ord ; Ord ; Ord. of ; Ord. of ) Page /14/2016

270 Sec Uses permitted by special use permit. In the agricultural district the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Agricultural equipment sales or service, or both. 2) Airport. 3) Bed and breakfast inn with a restaurant open to non-guests. 4) Boarding kennel or commercial breeding kennel. 5) Camp, campground or recreational vehicle park. 6) Fairground 7) Elder care center, child day care center, or nursery school. 8) Livestock auction or farmer's market of greater than 4,000 square feet gross floor area. 9) Manufactured home park. 10) Mine or quarry. 11) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office. 12) Cultural use. 13) Commercial recreational use. 14) Institutional use. 15) Public garage. 16) Public use such as school, park, library, or fire and rescue station. 17) Retail store not exceeding 4,000 square feet gross floor area, including, a farm stand greater than 1,000 square feet gross floor area, flea market, or retail nursery. 18) Restaurant which is accessory to an agritourism use where said use has been in existence for at least five years. 19) Sanitary landfill. 20) Veterinary service, including animal hospital. 21) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage. 22) Public utility facility. 23) Pyrotechnics testing/manufacturing on a parcel 50 acres or greater in size. (Ord. of , 203, ; Ord. of ; Ord. of (2); Ord (20); Ord. of ; Ord. of , Ord. of , Ord. 05/23/2017, Ord. of ) Page /13/2018

271 Sec Area regulations. In the agricultural zoning district, the minimum lot area shall be two acres, except in cluster developments subject to article VI, or manufactured home parks subject to article VII. (Ord. of , 204) Sec Frontage regulations. In the agricultural zoning district, the minimum lot frontage shall be 200 feet, except in cluster developments subject to article VI, or manufactured home parks subject to article VII. Each lot shall meet the minimum requirement, either at the front lot line or at the required building setback. (Ord. of , 205) Sec Setback and yards. (a) In the agricultural zoning district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street with a right-of-way 50 feet or more in width shall be 35 feet from the right-of-way. (d) The setback from any secondary road or subdivision street with a right-of-way less than 50 feet in width shall be 85 feet from the centerline of the road. (e) The minimum side yard width for each main structure shall be 20 feet. A twofamily dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet. Page /12/2018

272 (f) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet. (g) For corner lots the side yard adjacent to the side street shall not be less than the minimum setback. For double-frontage lots the rear yard shall not be less than the minimum setback. (h) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch. (i) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34 (Ord. of , 206; Ord. of , ) Sec Height regulations. In the agricultural zoning district, structures other than public utility facilities and silos shall be 40 feet in height or less. The board of supervisors may grant a special exception to allow a structure taller than 40 feet. (Ord. of , 207) Sec Signs. (a) In the agricultural district, signs are permitted within the guidelines as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section et seq. (b) One permanent sign for every 200 feet of road frontage shall be permitted. The total area of permanent signs shall be 32 square feet or less. (c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building. (d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians. (Ord. of , 208; Ord. of ) Page /01/2014

273 Sec Temporary uses. In the agricultural district, temporary uses may be permitted upon the issuance of a temporary zoning permit granted by the zoning administrator. (1) Reserved. (2) Temporary or seasonal sales. a. Temporary sales of produce not otherwise permitted by right, meals, Christmas trees, fireworks, and other seasonal goods, are permitted upon approval of a temporary zoning permit. Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate traffic control, on-site parking, public safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns. b. A temporary zoning permit for temporary sales of farm or food products shall be valid for a period not to exceed 90 days, and shall require that all structures and materials be removed within such time period. 1. Structures for temporary sales shall meet the required setbacks set forth in section (setbacks and yards). 2. Entrances and exits must be clearly delineated and located to provide safe ingress and egress from roads. c. Outdoor on-site farm or food products sales shall be allowed daily. d. Flea markets shall be allowed one, three-weekend event every 30 days. Permitted hours are from 7:00 a.m. to 9:00 p.m. (3) Special events. a. A temporary zoning permit shall be required for special events that are planned for or which reasonably may be expected to attract more than 100 persons a day. Examples of special events which require a temporary zoning permit are: Carnival, circus, equipment show and display, festival, fair, fireworks show, tent event or similar meetings or events. Each subsequent event shall require a new permit. b. Adequate provisions must be made for off-street parking, security, safe ingress and egress, refuse disposal, sanitary facilities as appropriate and approved by the zoning administrator. c. Special events are permitted only between the hours of 7:00 a.m. to 10:00 Page /01/2014

274 p.m., Sunday through Thursday; and 7:00 a.m. to 12:00 a.m., Friday and Saturday. The zoning administrator may require that no activity, including set-up or knockdown of any such use, be permitted between 11:00 p.m. to 7:00 a.m. d. Night operations shall be permitted only if the zoning administrator determines that the proposed lighting protects the public safety and will not cause excessive glare into residential areas or onto public streets. e. If a temporary use permit is obtained for an outside music/festival, an entertainment permit will not be required. f. Prior to issuance of a zoning permit, fireworks shows must also obtain a fireworks display permit, which sets forth the days and hours of the show, from the county administrator's office. g. The following special events are exempt from the requirements of this section and may occur without a temporary zoning permit. Exempt special events, however, shall remain subject to all other applicable provisions of this section and the county laws and regulations, including obtaining any and all other permits necessary for said event. 1. Special events planned or reasonably expected to attract less than 100 persons at any one time. 2. Special events to include private parties and social events occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged an admission fee. 3. Any event sponsored in whole or in part by the county or another political subdivision of the Commonwealth of Virginia. 4. Any organized special events conducted at sites or facilities typically intended, used, and designed for such events. Examples of such exempt activities include: sporting events conducted on courses or fields, animal show events, equestrian events held at stables or riding facilities, events held on the property of historic home/site museums, wedding services, wine tasting and wine tasting dinners at wineries whose facilities are designed for such events, and conferences and similar events in facilities designed and which have a zoning permit for such use. 5. Any established event/festival that has been in existence five or more years prior to the passing of this ordinance amendment will not be required to obtain a temporary use permit, provided that the use does not change. Page /01/2014

275 6. Yard sale events at a private residence or community yard sale, held by the occupant of the residence, that do not last more than three days at any given time. (Ord. of (2)) Secs Reserved. Page /01/2014

276 DIVISION 3. - LIMITED RESIDENTIAL ZONING DISTRICT Sec Intent. The limited residential district comprises low-density residential areas. It protects such areas from the traffic, noise and other effects of commercial and industrial uses and medium- and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems. (Ord. of , 301) Sec Permitted uses. In the limited residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations: 1) Single-family dwelling. 2) Two-family dwelling. 3) Short-term lodging facility. 4) Agriculture, except keeping of any animals other than those customarily kept as household pets. 5) Agritourism. 6) Place of worship. 7) Public use such as school, park, library, fire and rescue station. 8) Sign subject to sections and et seq. 9) Accessory apartment. 10) Farm stand, wayside stand. (Ord. of , 302; Ord. of ; Ord. of ; Ord. of ; Ord. of ) Sec Uses permitted by special use permit. In the limited residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Elder care center, child day care center, or nursery school. 2) Bed and breakfast inn. 3) Keeping of animals other than those customarily kept as household pets. 4) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office. 5) Cultural use. 6) Institutional use. Page /11/2015

277 7) Farmer's market. 8) Public utility facility. (Ord. of , 303; Ord. of ; Ord. of 04/14/2015; Ord. of 08/11/15) Sec Area regulations. (a) In the limited residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet. (b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet. (c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 20,000 square feet. (Ord. of , 304) Sec Frontage regulations. In the limited residential district, the minimum lot frontage shall be 100 feet. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback. (Ord. of , 305) Sec Setback and yards. (a) In the limited residential district, regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way. (d) The minimum side yard width for each main structure shall be 20 feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet. Page /12/2018

278 (e) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet. (f) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet. (g) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch. (h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34 (Ord. of , 306; Ord. of , ) Sec Height regulations. In the limited residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet. (Ord. of , 307) Sec Signs. (a) In the limited residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section et seq. (b) The total area of permanent signs on any lot shall be six square feet or less. (c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building. (d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians. (Ord. of , 308; Ord. of ) Page /01/2014

279 Secs Reserved. DIVISION 4. - GENERAL RESIDENTIAL ZONING DISTRICT (R-2) Sec Intent. The general residential district comprises low- and medium-density residential areas. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems. (Ord. of , 401) Sec Permitted uses. In the general residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations: 1) Single-family dwelling. 2) Two-family dwelling 3) Short-term lodging facility. 4) Place of worship. 5) Public use such as school, park, library, fire and rescue station. 6) Signs subject to sections and et seq. 7) Accessory Apartment (Ord. of , 402; Ord. of 04/14/2015; 08/11/15) Sec Uses permitted by special use permit. In the general residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Elder care center, day care center, or nursery school. 2) Keeping of animals other than those customarily kept as household pets. 3) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office. 4) Cultural use. 5) Institutional use. 6) Bed and breakfast inn. 7) Public utility facility. (Ord. of , 404; Ord. of 04/14/2015; 08/11/15) Page /11/2015

280 Sec Area regulations. (a) In the general residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet. (b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet. (c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 10,000 square feet. (Ord. of , 404) Sec Frontage regulations. In the general residential district, the minimum lot frontage shall be 70 feet. Frontage shall be measured from one side lot line to the other, parallel to a segment connecting the endpoints of the front lot line. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback. (Ord. of , 405) Sec Setback and yards. In the general residential district, the following regulations shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height: (1) For setbacks from primary highways, see section et seq. (2) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way. (3) The minimum side yard for each structure shall be ten feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. (4) The minimum rear yard for each main structure shall be 25 feet. The minimum rear yard for each accessory structure shall be ten feet. Page /12/2018

281 (5) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet. (6) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch. (7) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34 (Ord. of , 406; Ord. of , ) Sec Height regulations. In the general residential district, structures other than public utility facilities shall be 40 feet in height or less. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet. (Ord. of , 407) Sec Signs. (a) In the general residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section et seq. (b) The total area of permanent signs on any lot shall be six square feet or less. (c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building. (d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians. (e) Signs with a digital display area of up to sixteen (16) square feet per side or less are allowed when used by a civic organization to replace an existing sign that is lit by conventional methods, provided the sign display is static with no changes more frequent than every 60 seconds, and that the replacement signs has no greater footprint. and contains no more square footage, than the sign that is being replaced. (Ord. of , 408; Ord. of ; Ord. of ) Secs Reserved. Page /10/2015

282 DIVISION 5. - PLANNED RESIDENTIAL ZONING DISTRICT (R-3) Sec Intent. The planned residential district is intended for planned residential developments where a portion of the land area is permanently devoted to private recreational or conservation uses, such as lakes, parks, golf courses, or open space. Because of the permanent allocation of such areas, lot size and setback regulations may be less than in other residential districts. It also subjects the development of planned communities to more careful control than is the case for other residential developments. (Ord. of , 501) Sec A. - Permitted uses. In the planned residential district land may be used for the following uses and any customarily incidental accessory use, including home occupations: 1) Single-family dwelling. 2) Two-family dwelling. 3) Multifamily dwelling. 4) Short-term lodging facility. 5) Community services such as office, day care center, elder care center, or security facility. 6) Place of worship. 7) Public use such as school, park, library, fire/rescue station. 8) Signs subject to sections and et seq. 9) Accessory Apartment (Ord. of , 502; Ord. of 04/14/2015; 08/11/15) Sec B. - Uses permitted by special use permit. In the planned residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Cultural use. 2) Institutional use. 3) Public utility facility. (Ord. of 04/14/2015) Sec Community water and sewer systems. In the planned residential district, community water and sewer systems, approved by the health department, shall be provided for all lots less than two acres in area. Individual wells and sewage disposal systems, approved by the health department, may Page /11/2015

283 be used on any lot of two acres or more. (Ord. of , 503) Sec Streets and roads. In the planned residential district, streets and roads shall be desig ned and constructed in accordance with the state department of transportation subdivision street standards. Streets and roads shall be maintained either by the state department of transportation or by a property owners' association established pursuant to Code of Virginia, et seq. (Ord. of , 504) Sec Site standards. In the planned residential district, the minimum site area for a planned residential community pursuant to this division shall be 30 acres. At least one-third of the total area shall be owned by the property owners' association and reserved for recreation and open space. (Ord. of , 505) Sec Height regulations. In the planned residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet. (Ord. of , 506) Sec Plan of development may be proffered as condition of rezoning. At the time of application for rezoning, the applicant may submit a complete plan of development, showing: (1) The areas to be subdivided for dwelling units; (2) The areas to be used for recreation and community facilities; (3) Preliminary plans for community water and sanitary sewer systems; Page /01/2014

284 (4) Preliminary plans of roads; (5) Draft articles of incorporation of the property owners' association; (6) Draft conditions, covenants and restrictions for property owners; and (7) Other information necessary for the county to determine whether the application serves the public health, safety and general welfare. All information submitted by the applicant pursuant to this section shall be prof fered as conditions for rezoning, pursuant to Code of Virginia, Approval of the application for rezoning shall constitute acceptance of such proffered conditions, and the rezoning shall be conditioned upon the fulfillment of such proffers. (Ord. of , 507) Sec Area and frontage regulations. An application for rezoning shall set forth the minimum area and frontage of lots. After approval by the board of supervisors, such requirements shall become part of the zoning regulations for the property. For any property zoned R-3 as of January 1, 1990, the minimum lot area shall be 10,000 square feet, and the minimum frontage shall be 60 feet. (Ord. of , 508) Sec Setback and yards. (a) In the planned residential district, the setback f rom primary highways shall be determined by section The application for rezoning shall set forth requirements for setbacks from subdivision streets, and side and rear yards. After approval by the board of supervisors, the property owners' association shall be responsible for administering the regulations for setbacks and yards. For any property zoned R-3 as of January 1, 1990, the setback shall be 35 feet from the right-of-way of the front street, the setback shall be 25 feet from the right-of-way of the side street for corner lots, the minimum side yard shall be eight feet, and the minimum rear yard shall be 25 feet. (b) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. For any property zoned R-3 as of January 1, 1990, the setback shall be 25 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34 (Ord. of , 509; Ord. of , ; Ord. of ) Page /01/2014

285 Sec Signs. (a) In the planned residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section et seq. (b) Multifamily dwellings shall be permitted one square foot of sign area for every two linear feet of building frontage. The total area in signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total. (c) Other uses and unimproved lots shall be limited to six square feet of permanent signs. (d) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building. (e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians. (Ord. of , 510; Ord. of ) Secs Reserved. Page /01/2014

286 DIVISION 6. - MULTIFAMILY RESIDENTIAL ZONING DISTRICT (R-4) Sec Intent. The multifamily residential district is composed of multifamily dwellings such as garden apartments, townhouses, housing for the elderly or disabled, and other uses of a similar intensity. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses, and avoids conflicts with agricultural uses. The uses in this district require community water and sewer systems. (Ord. of , 601) Sec Permitted uses. In the multifamily residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multifamily dwellings. (4) Elder care center, child day care center, or nursery school. (5) Place of worship. (6) Public uses such as school, park, library or fire/rescue station. (7) Recreational, administrative and service facilities that are an integral part of a housing complex. (8) Signs subject to sections and et seq. (9) Accessory Apartment (Ord. of , 602; Ord. 08/11/15) Sec Uses permitted by special use permit. In the multifamily residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: Page /11/2015

287 (1) Housing for the elderly or disabled at a density of up to 25 dwelling units per acre, provided that commercial, recreational and religious uses are within one-fourth mile. (2) Two or more new manufactured units that meet the HUD Manufactured Home Construction and Safety Standards or the CABO One and Two Family Dwelling Code, with site-built amenities such as a garage, porch or facade, incorporated into a single residential structure containing at least 1,400 square feet of living space, skirted on all sides with brick, with a roof pitch of at least 5:12. (3) Nursing home. (4) Professional office. (5) Retail store not exceeding 4,000 square feet gross floor area. (6) Public utility facility. (Ord. of , 603; Ord. 08/11/15) Sec Community water and sewer systems. In the multifamily residential district, community water and sewer systems, approved by the health department, shall be provided for all lots, buildings and structures. (Ord. of , 604) Sec Area and density. (a) In the multifamily residential district, the minimum area for a multifamily project shall be five acres. (b) The maximum density shall be eight units per gross acre, except for housing for the elderly or disabled pursuant to section (1). (Ord. of , 605) Sec Frontage regulations. (a) In the multifamily residential district, each lot shall meet the minimum requirement either at the front lot line, or at the required building setback. (b) For any use other than attached single-family dwellings, the minimum frontage shall be 70 feet. (c) For attached single-family dwellings, the minimum frontage shall be 18 feet. Page /11/2015

288 (Ord. of , 606) Sec Setback and yards. (a) In the multifamily residential district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any existing or proposed secondary road shall be 35 feet from the right-of-way. The setback from any street internal to the development shall be 20 feet from the right-of-way. (d) The setback for any apartment building from a its parking lot shall be 20 feet. (e) The minimum rear yard for attached or unattached single-family dwellings or accessory structures shall be 25 feet. (f) The minimum side or rear yard for apartment buildings and commercial buildings shall be 50 feet. (g) The space between buildings in an apartment complex shall not be less than 1.5 times the height of the taller of the buildings if windows exist in one or both facing walls. If facing walls have no windows, the distance between buildings shall not be less than the height of the taller of the buildings. (h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34 (Ord. of , 607; Ord. of , ; Ord. of ) Sec Height regulation. In the multifamily residential district, structures other than public utility facilities shall be 50 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 50 feet. (Ord. of , 608) Page /10/2017

289 Sec Requirements for common areas. In the multifamily residential district, at least one-third of the gross land area of a multifamily project shall be set aside for recreation and open space. Such common areas shall be located on the same tract of land as the multifamily dwellings and shall be available for entry and use by the occupants. The owner shall designate an agent, satisfactory to the board of supervisors, to maintain such common areas without expense to the county. Such areas shall be used exclusively for recreation and shall not include parking lots, streets or other impervious surfaces. Each project shall provide at least two playgrounds, and no playground shall be less than 10,000 square feet in area. At least one shall be improved with equipment appropriate to preschool and elementary schoolchildren, and at least one shall be improved with equipment appropriate for secondary schoolchildren. (Ord. of , 609) Sec Limitation on number of units. In the multifamily residential district, no more than eight townhouses or other attached single-family dwelling units shall be included in one structure. The maximum length of any structure in this district shall not exceed 200 feet, except for nursing homes or housing for the elderly or disabled. (Ord. of , 610) Sec Signs. (a) In the multifamily residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section et seq. (b) The total area of permanent signs on any lot occupied by multifamily dwellings shall be one square foot of sign area for every two linear feet of building frontage. The total area shall be distributed among building, pylon and monument signs such that pylon signs make up no more than one-half of the total. (c) The total area of permanent signs on any lot not occupied by multifamily dwellings shall be limited to ten square feet. (d) Pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building. (Ord. of , 611; Ord. of ) Page /01/2014

290 Secs Reserved. Page /01/2014

291 DIVISION 7. - LIMITED COMMERCIAL ZONING DISTRICT (C-1) Sec Intent. The limited commercial district provides for small businesses that will serve nearby residential districts. The character of development should be compatible with residential surroundings. Traffic and parking congestion should be held to a minimum to protect the public safety while preserving neighborhood character and property values in the surrounding residential districts. This district may serve as a buffer between more intensive commercial development and residential or agricultural uses. (Ord. of , 701) Sec Permitted uses. In the limited commercial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, tractortrailers, or equipment are stored outdoors: 1) Office not exceeding 4,000 square feet of gross floor area. 2) Place of worship. 3) Public use such as school, park, library, or fire/rescue station. 4) Retail store not exceeding 4,000 square feet of gross floor area. 5) Signs in accordance with sections and et seq. 6) Up to four dwelling units attached to an office or a retail store. 7) Temporary uses, with a zoning permit pursuant to section , limited to the following: a. Temporary or seasonal sales. b. Special events. 8) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage. 9) Cultural use. 10) Commercial indoor recreational use. 11) Institutional use. 12) Microbrewery / Microdistillery, provided that outdoor live music/entertainment is not permitted. (Ord. of , 702; Ord. of ; Ord. of (8); Ord. of 04/14/2015; 08/11/15, Ord ) Page /13/2018

292 Sec Uses permitted by special use permit. In the limited commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Any commercial use compatible with residential surroundings that is not permitted in any other district. 2) Bed and breakfast inn with/without a restaurant open to non-guests. 3) Commercial outdoor recreational use. 4) Public utility facility (Ord. of , 703; Ord. of 04/14/2015; 08/11/15) Sec Setback and yards. (a) In the limited commercial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way. (d) The minimum side yard width shall be 20 feet. (e) The minimum rear yard width shall be 35 feet. (f) For corner lots, the minimum yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet. (g) No more than two-thirds of any lot shall be covered with impervious surfaces such as buildings and parking lots. (Ord. of , 704) Sec Height regulations. In the limited commercial district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet. Page /11/2015

293 (Ord. of , 705) Sec Signs. (a) In the limited commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. (b) The total area of permanent signs on any improved lot shall not exceed two square feet of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total. (c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet. (d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. (e) The total area of off-site advertising signs on any lot shall not exceed 32 square feet. The height of off-site advertising signs shall not exceed eight feet. (f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians. (g) Digital signs are permitted as set forth in section (Ord. of , 706; Ord. of ) Secs Reserved. Page /01/2014

294 DIVISION 8. - GENERAL COMMERCIAL ZONING DISTRICT (C-2) Sec Intent. The general commercial district provides for commercial uses to which the public requires direct and frequent access. General commercial uses will normally be located on primary highways near population centers. Agricultural uses and residential developments are not permitted because they tend to conflict with commercial uses over traffic, noise, hours of operation, and other nuisance issues. Industrial uses, which tend to create less serious conflicts, are permitted by special use permit. (Ord. of , 801) Sec Permitted uses. In the general commercial district, land may be used for the following uses and any accessory use: 1) Automobile sales, service, storage or rental. 2) Commercial assembly plant, such as a printing or framing shop. 3) Office / Office building. 4) Place of worship. 5) Cultural use. 6) Commercial indoor or non-vehicular outdoor recreational use. 7) Institutional use. 8) Public use such as school, park, library, or fire/rescue station. 9) Restaurant. 10) Retail store. 11) Signs in accordance with sections and et seq. 12) Up to four dwelling units attached to any permitted commercial use. 13) Temporary uses, with a zoning permit pursuant to section , limited to the following: a. Temporary or seasonal sales. b. Special events. 14) Vocational training facility. 15) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage. 16) Microbrewery / Microdistillery. (Ord. of , 802; Ord. of ; Ord. of ; Ord. of (13); Ord. of 04/14/2015; 08/11/15, Ord ) Page /13/2018

295 Sec Uses permitted by special use permit. In the general commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: 1) Carnival, circus, noncommercial fairground or similar temporary activity. 2) Bed and breakfast inn with/without a restaurant open to non-guests. 3) Limited manufacturing and processing. 4) Manufactured home sales and service. 5) Theater, video game parlor, or other recreational use. 6) Wholesale distribution or warehouse. 7) Adult-oriented business. 8) Commercial outdoor vehicular recreational use. 9) Public utility facility 10) Self-storage facility 11) Any commercial use which is not expressly permitted in this district. (Ord. of , 803; Ord. of 04/14/2015; 08/11/15; 01/10/17) Sec Setback and yards. (a) In the general commercial district, the regulations of this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way. (d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 50 feet. The side or rear yard shall be suitably fenced and/or landscaped to screen the agricultural or residential use from any adverse impact. The suitability of the Page /10/2017

296 fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. (See section et seq.) (e) The minimum side yard width adjacent to a commercial or industrial district shall be ten feet. The minimum rear yard width adjacent to a commercial or industrial district shall be 20 feet. (f) For corner lots, the minimum side yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet. (Ord. of , 804; Ord. of , ) Sec Height regulations. In the general commercial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a). (Ord. of , 805) Sec Signs. (a) In the general commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. (b) The total area of permanent signs on any improved lot shall not exceed two square foot of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total. (c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet. (d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. (e) The total area of off-site signs on any lot shall not exceed 32 square feet. The height of off-site signs shall not exceed eight feet. (f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to Page /11/2015

297 internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians. (g) Digital signs are permitted as set forth in section (Ord. of , 806; Ord. of ) Secs Reserved. Page /01/2014

298 DIVISION 9. - LIMITED INDUSTRIAL ZONING DISTRICT (I-1) Sec Intent. The limited industrial district establishes an area for industrial uses which may create some nuisance, and which are not compatible with residential or neighborhood commercial service uses. It encourages research and development and other office industrial uses by separating them from both heavy industry and residential and neighborhood commercial uses. (Ord. of , 901) Sec Permitted uses. In the limited industrial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, or equipment are stored outdoors: (1) Automobile and equipment sales, service, storage or rental. (2) Laboratory. (3) Limited manufacturing and processing. (4) Office / Office Building. (5) Public utility, fire or rescue station, or maintenance facility. (6) Signs in accordance with sections and et seq. (7) Wholesale distribution or warehouse. (8) Vocational Training Facility (9) Outdoor Power Equipment Motorcycle. All-Terrain Vehicle. Watercraft Repair and Storage (Ord. of , 902; Ord. of ; Ord. of (9)) Sec Uses permitted by special use permit. In the limited industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: Page /01/2014

299 (1) Any commercial use. (2) Any industrial use which is conducted outdoors. (Ord. of , 903) Sec Setback and yards. (a) In the limited industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street shall be 50 feet from the right-of-way. (d) The minimum side or rear yard width adjacent to an agricultural or residential district shall be 100 feet. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent property from any adverse impact. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section et seq. (e) The minimum rear yard width adjacent to a commercial or industrial district shall be 50 feet. (f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet. (Ord. of , 904) Sec Height regulations. In the limited industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a). (Ord. of , 905) Sec Signs. (a) In the limited industrial district, signs are permitted as set forth in this section. In Page /01/2014

300 granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. (b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total. (c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet. (d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet. (e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians. (f) Digital signs are permitted as set forth in section (Ord. of , 906; Ord. of ) Secs Reserved. Page /01/2014

301 DIVISION GENERAL INDUSTRIAL ZONING DISTRICT (I-2) Sec Intent. The intent of the general industrial district is to provide areas for manufacturing, processing and assembling of parts and products, distribution of products at wholesale, and a broad variety of specialized industrial operations, and areas which may be conducive to and appropriate for such activities. Because of their potential to generate nuisances, an emphasis is placed on adequate buffering and development standards to provide reasonable protections for neighboring properties. Industrial uses should be discouraged in situations where such uses would incur unmitigated audible or other impacts on neighboring properties, particularly those with considerable residential density. Typically, general industrial districts should only be located in areas designated for such activities by the comprehensive plan. These districts are generally intended to be located in areas served by public water and sewer, in close proximity to rail lines and/or airports, and where there is quick and convenient access to primary roads. (Ord. of ) Sec Permitted uses. In the general industrial district, land may be used for the following uses and any customarily incidental accessory use: (1) Accessory retail or office use, not exceeding twenty percent (20%) of the gross floor area of the principal use. (2) Brewery. (3) Building materials sales establishment. (4) Contractor's shop. (5) Data center. (6) Distillery. (7) Feed, grain, and fertilizer sales. (8) Greenhouse, commercial. (9) Laboratory. (10) Lumberyard or sawmill. (11) Machine shop. (12) Machinery and heavy equipment sales, rental, and service. (13) Manufacturing, processing, assembly, and/or packaging of goods within the following categories: (a) Apparel and other fabricated textile products (SIC Major Group 23*); Page /08/2016

302 (b) Converted paper and paperboard products (SIC Industry Group 267*); (c) Electronics and electrical components; (d) Fabricated metal products and machinery, not to include the usage of on-site foundries and/or smelting; (e) Food products (SIC Major Group 20*), not to include any on-site slaughtering; (f) Furniture and fixtures (SIC Major Group 25*); (g) Leather products (SIC Major Group 31*); (h) Measuring, analyzing, and controlling instruments (SIC Major Group 38*); (i) Motor vehicles, motorcycles, travel trailers/campers, and related transportation parts and equipment; (j) Paperboard containers and boxes (SIC Industry Group 265*); (k) Pharmaceuticals, cosmetics, and toiletries; (l) Pottery, stone, and glass products; (m) Rubber and plastic products (SIC Major Group 30*); (n) Soaps, detergents, and specialty cleaners (SIC categories 2841 and 2842*); (o) Textile mill products (SIC Major Group 22*); and (p) Wood products, including prefabricated structures. (14) Outdoor power equipment, motorcycle, all-terrain vehicle, and watercraft repair and storage. (15) Printing and publishing facility. (16) Publicly-owned recreational uses and facilities. (17) Self-storage facility. (18) Signs in accordance with sections and et seq. (19) Temporary uses, with an approved zoning permit. (20) Vehicular repair, storage, and service. (21) Vocational training facility. (22) Wholesale or distribution center. * Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings. (Ord. of ) Sec Uses permitted by special use permit. In the general industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors: (1) Accessory retail or office use exceeding twenty percent (20%) but not greater than fifty percent (50%) of the gross floor area of the principal use. (2) Airport. (3) Brewery or Distillery with on-site food preparation. (4) Bulk fuel storage and distribution as a principal use. Page /08/2016

303 (5) Commercial recreational use. (6) Flea market. (7) Junkyard or salvage operation. (8) Landfill. (9) Manufacturing, processing, assembly, and/or packaging of goods within the following categories: (a) Any use involving the usage of an on-site foundry and/or smelting processes; (b) Carbon fiber and fiberglass products; (c) Concrete, gypsum, and plaster products (SIC Industry Group 327*); (d) Explosives (SIC category 2892*); (e) Fertilizer, herbicide, pesticide, and other agricultural chemicals (SIC Industry Group 287*); (f) Organic and inorganic chemicals (SIC Industry Groups 286 and 281*); (g) Paints, varnishes, lacquers, adhesives, sealants and other similar fluids/compounds; (h) Refined petroleum products (SIC Major Group 29*); and (i) Structural clay products (SIC Industry Group 325*); (10) Materials recovery facility. (11) Mining, including stone-crushing and immediate on-site processing of mined materials. (12) Office/Office building as a principal use. (13) Place of worship. (14) Public utility facility. (15) Rendering plant, tannery, or other similar use of an odorous nature involving the production or processing of animal products. (16) Telecommunications tower. (17) Vehicular sales and rental. * Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings. (Ord. of ) Sec Setback and yards. (a) In the general industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height. (b) For setbacks from primary highways, see section et seq. (c) The setback from any secondary road or subdivision street shall be 35 feet from the Page /08/2016

304 right-of-way. (d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 100 feet, or 50 feet for lots within the Thomas E. Lee Industrial Park. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent use from any adverse impact. Fencing shall be at least eight feet in height as measured from grade and shall consist of a solid material such that the industrial use is effectively screened from view. Landscaping shall at least consist of two rows of evergreen trees, at least eight feet in height and located 20 feet apart and staggered. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section et seq. The property owner shall be responsible for maintaining landscaping and fencing, including the replacement of dead trees and shrubs and the repair of any damaged or broken fencing, in a manner consistent with the provisions of this section. (e) The minimum side or rear yard width adjacent to a commercial or industrial district shall be 50 feet. (f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet. (g) Setback and yard requirements for lots in the Thomas E. Lee Industrial Park: (1) Front yard. Thirty-five (35) feet from any secondary road or fifty (50) feet when the opposing frontage is within an agricultural or residential district. For setbacks from primary road rights-of-way, see section et seq. (2) Side yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; zero (0) feet when adjacent to a railroad right-of-way. (3) Rear yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; thirty-five (35) feet for double-frontage lots; zero (0) feet when adjacent to a railroad right-of-way. (4) Corner lot yards. Thirty-five (35) feet adjacent to both frontages; fifty (50) feet when adjacent to or opposite from an agricultural or residential district. (Ord. of , 1004; Ord. of , ; Ord of ) Sec Height regulations. In the general industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a). (Ord. of , 1005) Page 293 (B) - 03/08/2016

305 Sec Signs. (a) In the general industrial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. (b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total. (c) The total area of signs on any unimproved lot shall not exceed 32 square feet. (d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet. (e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians. (f) Digital signs are permitted as set forth in section (Ord. of , 1006; Ord. of ) Secs Reserved. Page 293 (C) - 03/08/2016

306 DIVISION 11 - BARBOURSVILLE VILLAGE OVERLAY DISTRICT Sec Purpose and Intent. a) The Barboursville Village Overlay District (BVOD) implements the policies, objectives, and purposes of the Comprehensive Plan and the Code of Virginia by providing standards to protect and enhance the character of the area which complement the requirements of the underlying zoning districts. These regulations are intended to foster a higher standard of commercial building design and site design which is respectful of the cultural and historic nature of Barboursville, and produces development that complements, rather than detracts, from the character of the area. This character is in large part due to the Federal, Georgian, Greek Revival, Vernacular Victorian, and post and beam/timber frame architectural stylistic elements that were common of buildings built in the area during the eighteenth, nineteenth, and early twentieth centuries. Accordingly, a major purpose of this overlay is to provide avenues for nonresidential development to be substantially reflective of these architectural styles, while allowing for modern building practices. These regulations are further intended to retain the small village and community identity through the use of setback reductions to encourage a slightly greater degree of density and a continuation of the unique development pattern, through the use of restrictions on certain incompatible uses, and through the utilization of the underlying traditional, Euclidian zoning districts. However, these goals are to be achieved while not inhibiting the functionality of the arterial highways traversing the area. Finally, the village boundaries are arranged such that development will generally be encouraged within them and generally be discouraged outside of them. Sec Establishment and Applicability. a) Applicability. These overlay district regulations shall apply to the area designated as the Barboursville village on the Recommended Land Use Map of the adopted 2013 Comprehensive Plan, and more specifically as shown on the map adopted by the Board of Supervisors. b) Overlay concept. Unless otherwise stated herein, the permitted uses and other regulations of the underlying zoning districts and all other sections of this Zoning Ordinance shall continue to apply. All commercial development within the district shall conform to these provisions, unless specifically exempted. c) Zoning Map. The boundaries of this district shall be clearly delineated on the county s zoning maps. d) A BVOD Advisory Committee (BVODAC) shall be appointed by the Board Of Supervisors for terms of two (2) years each. The BVODAC shall be comprised of three (3) persons, at least two (2) of whom must reside in, or own real estate in, the BVOD. Page 293 (BV) /25/2016

307 Sec Administration. a) Review procedures. All commercial development within the BVOD shall conform to the zoning permit and site plan requirements set forth in Article II of this Chapter. The Zoning Administrator shall refer all submitted minor and major site plans or development proposals within the BVOD to the BVOD Advisory Committee for their review and comment. The Zoning Administrator may refer any submitted site plan or development proposal within the BVOD to the Planning Commission for their review and comment. If the Zoning Administrator denies any part of a site plan or development proposal that he/she finds is not consistent with these overlay regulations, the applicant may make a written request for the matter to be reviewed and determined by the Commission. b) Nonconformities. Unless otherwise stated or modified herein, nonconforming uses and structures shall be regulated by Article III of this Chapter. 1) If a commercial structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged provided the new portion of the structure is no closer to the affected property line than the nonconforming portion. Sec Uses. a) Except as provided in the following subsection, all by-right permitted uses and all special uses in the underlying zoning districts shall be permitted within the BVOD in accordance with individual district regulations. b) The following uses shall not be permitted within the BVOD. 1) Adult-oriented business. 2) Public utility facility. 3) Self-storage facility. 4) Wholesale or distribution center. 5) Any use utilizing drive-through facilities. c) Any retail store in excess of five thousand square feet is allowed only by special use permit. Sec Area and Frontage Requirements. Minimum lot area and frontage requirements shall be regulated by the underlying zoning districts. Page 293 (BV) /25/2016

308 Sec Minimum Setback Requirements. The specific requirements provided in this section shall supersede those found elsewhere in this Ordinance, but only within the boundaries of the BVOD. Setback distances not modified by this section shall be regulated by the underlying zoning district(s). a) Constitution Highway (Route 20) and Spotswood Trail (Route 33): minimum setback of seventy-five (75) feet from center-line of the road, which shall apply to all buildings and structures. Parking areas may encroach up to half this minimum distance. Freestanding signs shall have a minimum setback distance from the right of way which is equal to the height of the sign. b) Governor Barbour Street (Route 678): no minimum setback requirement for structures or signs. c) Old Barboursville Road (Route 738): minimum setback of twenty-five (25) feet from the centerline of the road for structures and signs. d) Adjacent to the railroad right-of-way: no minimum setback requirement. Sec Height Requirements. No commercial building or structure within the BVOD shall exceed forty (40) feet in height. Sec Commercial Building Standards. a) Applicability. The standards set forth in this section shall apply to all new commercial development within the BVOD. For the purposes of this section, new shall refer to any commercial building or structure built after adoption of this overlay district.. b) Building design. Commercial buildings shall incorporate the architectural treatments and design considerations established below. 1) Any commercial building within the BVOD shall be constructed in any of the following architectural styles by making substantial use of the building elements identified below for the style. Style elements may be physically installed or simulated. Page 293 (BV) /25/2016

309 Federal/Georgian Example Federal/Georgian Brick or clapboard exterior A square or rectangular building shape Double-hung windows with divided lights and shutters Gable windows An embellished front entryway (e.g. elliptical fanlights, side lights, Palladian windows, columns, a porch, etc.) A hip roof or side-gable roof A symmetrical arrangement of doors and windows Exterior cornice molding Quoins End-chimneys Greek Revival Example Greek Revival Brick, clapboard, stucco, or stone exterior A square or rectangular building shape A full-height front porch supported by stylized columns A front gable with a pediment Decorative pilasters Double-hung windows with divided lights Exterior cornice molding An embellished front entryway (a horizontal transom, side lights, columns, etc.) A hip roof or low-pitched gable roof Folk Victorian Example Vernacular (Folk) Victorian A square, rectangular, or L-shaped building A front-gable roof Clapboard and/or decorative siding (i.e. fishscale siding) exterior Bracketed eaves A continuous or mostly-continuous front porch with decorative embellishments (e.g. spindlework, brackets, stylized columns, etc) Decorative front gable-end detailing Double-hung windows with top pediments Post & Beam / Timber Frame Example Post & Beam / Timber Frame Exposed structural components (i.e. rafters, purlins, posts, girts, knee braces, brackets, etc.) A square or rectangular building shape A prominent, covered entryway Vertical siding, clapboard, stone, stucco, or shake exterior A gable roof or gambrel roof Metal, shake, or slate roofing materials Page 293 (BV) /25/2016

310 2) Building and roofing colors shall be subtle, neutral and/or earth tones, and shall be of low-reflectance. 3) Strip centers as a building design shall not be permitted within the BVOD. For the purposes of this section, a strip center shall mean any single-story building used for three (3) or more separate commercial uses which are contained within separate units that share a common frontage. c) Mechanical equipment. Roof-mounted mechanical equipment shall be opaquely screened from view at grade by parapet walls or other similar structures that reflect the architecture of the building. Ground-mounted mechanical equipment shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by walls or structures that are a continuation of the principal structure s architecture. d) Waste receptacles. Trash dumpsters and waste receptacles for commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by fencing and/or evergreen landscaping. This standard shall retroactively apply to any lot upon any new development or complete redevelopment. e) Lighting. All exterior lighting shall be of the full-cutoff variety that directs light downward and away from street or neighboring properties and shall have a historic and/or high-grade style of design reflective of the examples provided below. f) Fencing. Picket fences and split-rail fences are the permitted fence types. Chain-link fencing is expressly prohibited except for security and safety purposes to enclose trash containers, HVAC, electrical etc. In such case the chain-link fencing itself must be opaquely screened from public view by use of approved fencing or natural buffer such as bushes and trees. Sec Off-street Parking and Landscaping. Off-street parking, loading, and landscaping shall be regulated by the Supplementary District Regulations section of this Chapter. Page 293 (BV) /25/2016

311 Sec Outdoor Storage. Outdoor storage of goods and materials related to any commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened by fencing and/or evergreen landscaping, or shall be within an approved accessory building. Sec Signage. a) Area. Maximum allowable area of signage shall be regulated by the underlying zoning district. b) Height. Freestanding signs within the BVOD shall not exceed eight (8) feet in height. Building signs shall not extend above the highest point of the building to which they re attached. c) Style. Monument signs are the only style of freestanding sign permitted in the BVOD. d) Digital signs. Digital signs shall have a static display (no strobes or starbursts etc) of a single color, and may feature a change of message no more frequent than once per sixty (60) seconds. Page 293 (BV) /25/2016

312 Page 293 (BV) /25/2016

313 DIVISION PLANNED DEVELOPMENT BUSINESS (PDB) Sec A. Purpose and Intent. (a) The Planned Development Business district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia by allowing for flexibility, variety, and cohesiveness in commercial site design while avoiding the inefficient use of land, lack of connectivity, and lack of architectural continuity typically associated with traditional zoning methods. (b) The intent of this district is to provide innovative avenues for various types of commercial development which: a) Balance the conventional priority for convenient motor vehicle access with the walkability and efficiency of pedestrian-oriented design; b) Implement design principles that produce functional, harmonious, and attractive buildings and site layouts; c) Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and d) Are compatible with adjoining neighborhoods and adjacent areas with respect to scale, intensity, and design. Sec B. Applicability. Any property qualifying for a zoning map amendment to the PDB district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan. Sec C. Development plans. (a) Form. Any PDB district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include: (1) Design guidelines and generalized elevation drawings for the overall site; (2) A circulation/transportation plan, including a transportation impact analysis (TIA); (3) A master signage plan; (4) A landscaping plan; Page 293(PD)(1)

314 (5) A generalized land use plan and list of proposed uses; and (6) A public utilities plan. (b) Major Revisions. Requests for major revisions to a PDB development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by: (1) Significant changes in density; (2) Substantial changes in vehicular circulation or access; (3) Substantial changes in the types of land uses proposed; (4) Substantial changes in building design or site design; and (5) Any other change the Zoning Administrator determines is a major divergence from the approved development plan. (c) Minor revisions. All other changes to an approved PDB development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny. (d) Implementation. All properties for which a PDB development plan is approved shall be under common ownership before construction may begin. Sec D. Site Development Standards. (a) Minimum area required to establish a district: Three (3) contiguous acres. (b) Minimum lot size: Large enough to adequately accommodate all development requirements. (c) Maximum lot coverage ratio: Seventy (70) percent. This may be increased to eighty (80) percent provided that the site design incorporates considerable usage of Low Impact Design (LID) elements and features, such as bioretention, rainwater harvesting, pervious pavement, engineered wetlands, etc. (d) Minimum number of separate principal uses: Three (3). (e) Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot. (f) Connectivity: Lots within a PDB district shall be arranged such that inter-parcel vehicular travel is possible without the need to utilize the road serving the development. Page 293(PD)(2)

315 (g) Parking criteria: See the Supplementary District Regulations section of this Chapter. (h) Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter (i) Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this Chapter. (j) Perimeter buffer: A natural and/or landscaped buffer at least twenty-five (25) feet wide shall be maintained on any side of a PDB district which abuts a residential zoning district or residential use. (k) Public utilities required: Public water and wastewater services shall be required for all development in a PDB district. (l) Underground utilities: All utilities shall be placed underground. (m)transportation. Any road(s) built to serve a PDB district shall be constructed to meet VDOT Secondary Street Acceptance Requirements unless it is determined the public health, safety, and welfare would be better served otherwise. (n) Signage: Established as part of the development plan. A contiguous PDB district shall generally be limited to one (1) permanent free-standing sign unless it is determined the public health, safety, and welfare would be better served otherwise. Sec E. Building Standards. 1. Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities 2. Minimum setbacks and yards: Established as part of the development plan. 3. Exterior mechanical equipment: All HVAC equipment and other mechanical devices shall be opaquely screened from view from all public rights-of-way. 4. Refuse receptacles: Receptacles and enclosures for refuse shall be opaquely screened from view. Screening shall be complementary to building design and materials. 5. Building materials: Metal siding and/or non-architectural concrete block shall not comprise any building façade visible from a public right-of-way. No building façade visible from a public right-of-way shall be comprised of more than fifty (50) percent of a single building material. 6. Building façades: For building façades visible from a public right-of-way, horizontal wall expanses longer than forty (40) feet shall be interrupted by Page 293(PD)(3)

316 recesses, projections, overhangs, and other architectural treatments in order to reduce the physical monotony of the building. 7. Outdoor storage. Outdoor storage of materials and supplies shall be opaquely screened with landscaping and/or fencing from adjacent properties and public rights-of-way. Chain-link fencing is not permitted as screening for outdoor storage. Sec Reserved. Page 293(PD)(4)

317 DIVISION 13 - PLANNED DEVELOPMENT MIXED USE (PDM) Sec A. Purpose and Intent. 1. The Planned Development Mixed Use district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia by allowing for interrelated and compatible commercial, institutional, residential, and recreational uses within an interconnected pedestrian-oriented neighborhood. 2. The intent of this district is to permit flexibility and a focus on high-quality design for mixed-use developments which: a) Provide a level of density and intensity in order to promote a dynamic and convenient neighborhood; b) Exemplify traditional communities that are pedestrian-oriented and offer a variety of transportation, housing, commercial and recreational options; c) Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and d) Provide for the efficient use of land which preserves open space and limits impacts to surrounding properties; Sec B. Applicability. Any property qualifying for a zoning map amendment to the PDM district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan. Sec C. Development plans. (a) Form. Any PDM district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include: 1. Design guidelines and generalized elevation drawings for the overall site; 2. A circulation/transportation plan, including a transportation impact analysis (TIA); 3. An open space and recreational facilities plan; 4. A master signage plan; 5. A generalized land use plan and list of proposed uses; 6. A Landscaping plan; and Page 293(PD)(5)

318 7. A public utilities plan. (b) Major Revisions. Requests for major revisions to a PDM development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by: 1. Significant changes in density; 2. Substantial changes in vehicular circulation or access; 3. Substantial changes in the types of land uses proposed; 4. Substantial changes in building design or site design; and 5. Any other change the Zoning Administrator determines is a major divergence from the approved development plan. (c) Minor revisions. All other changes to an approved PDM development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny. (d) Implementation. All properties for which a PDM development plan is approved shall be under common ownership before construction may begin. Sec D. Area Standards. (a) Minimum area required to establish a district: Twenty (20) contiguous acres. (b) Minimum area devoted to nonresidential development: Thirty (30) percent of the gross acreage of the site. This area may include residential uses above the firstfloor nonresidential use(s). (c) Maximum gross residential density: Six (6) dwelling units per acre. A PDM district shall have at least two (2) different types of dwelling units, and no more than seventy (70) percent of the total number of units provided shall be any one type of dwelling unit. (d) Minimum area devoted to common open space: Twenty (20) percent of the gross acreage of the site. (e) Open space criteria: (1) Open space shall be in the form of plazas, squares, commons, recreational areas such as playgrounds, ballfields, trails, and bike paths, picnic areas, and natural/wooded areas. (2) A minimum of eighty-five (85) percent of dwelling units shall be within onethousand (1,000) feet of a usable, common open space area at least tenthousand (10,000) contiguous square feet in size. Page 293(PD)(6)

319 (3) All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance. (f) Open space density bonuses: For each additional five (5) percent of open space provided above the required minimum, the maximum gross residential density may be increased by two (2) dwelling units per acre. The maximum gross residential density shall not exceed twelve (12) dwelling units per acre. Sec E. General Site Layout Guidelines. 1. Neighborhood core: The site shall have a neighborhood core, of between 10% and 30% of the gross project area, which includes a mix of commercial, residential, and open space uses. 2. Mixing of uses: Residential and nonresidential land uses shall be sufficiently mixed horizontally across the project and vertically within buildings to facilitate a truly pedestrian-oriented environment. Multi-family and single-family attached housing shall generally be located closest to the core of the community and/or central commercial area. 3. Access. At least two access points to the project site shall be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district. 4. Alleys: Alleys may be utilized to provide access to lots, and shall be the preferred means of access for lots in residential areas in order to facilitate a street-front orientation for the structures. 5. Street criteria: a. Public and private streets may be provided, but all streets shall be designed in accordance with VDOT Secondary Street Acceptance Requirements unless it is determined the public health, safety, and welfare would be better served otherwise. b. The transportation system shall be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and the extent of the project site. Roundabouts shall be the preferred intersection design. c. Cul-de-sacs or dead-end roads shall not be permitted unless warranted by topographical or site design constraints. d. Streets within and adjacent to the neighborhood core shall utilize welldelineated crosswalks and bulb-outs or other similar facilities to minimize pedestrian crossing distances. e. Motor vehicle circulation shall be designed to promote pedestrian and bicycle activity. Page 293(PD)(7)

320 6. Sidewalk criteria: a. Sidewalks shall be provided on both sides of all streets within the project area. b. Sidewalks in residential areas and shall have a minimum width of four (4) feet. c. Sidewalks shall have a minimum width of eight (8) feet within and adjacent to the neighborhood core, and shall be separated from the roadway by a planting strip and/or parking. Where outdoor restaurant seating or similar uses are provided on the sidewalk, sidewalks shall be a minimum of sixteen (16) feet in width. In no case shall the buffer between pedestrians and the roadway be less than five (5) feet. d. Connections shall be made to existing sidewalks if such facilities exist on adjacent properties, unless otherwise prohibited by VDOT regulations. 7. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter. Street trees shall generally be planted throughout the neighborhood core and any other nonresidential or open space areas in order to form a canopy once the trees reach maturity. Tree species shall be diversified as a precaution against blight. 8. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter. 9. Parking criteria: a. See the Supplementary District Regulations section of this Chapter. b. On-street parking may be used to satisfy residential and nonresidential parking requirements, and shall be provided on streets within and adjacent to the neighborhood core. c. Detached garages for single-family attached and detached dwellings shall be located only in the rear or side yard. Attached garages shall not extend beyond the front plane of the dwelling. 10. Signage criteria: Established as part of the development plan. Sec F. Building Standards. (a) Maximum height: Forty-five (45) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities. (b) Minimum lot sizes and yards: Established as part of the development plan. Buildto lines shall be utilized instead of traditional minimum setback distances or yard widths. In establishing these standards, the following principles shall be used: Page 293(PD)(8)

321 (1) Fire and rescue access to any property shall not be impaired; (2) Adequacy of light, air, privacy, and access to open space is sufficient for residential uses; and (3) The safety and functionality of the transportation network is not hindered. (c) Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot. Where residential uses and nonresidential uses are within a single structure, the residential use(s) shall be considered accessory to the nonresidential use(s). (d) Public utilities required: Public water and wastewater services shall be required for all development in a PDM district. (e) Underground utilities: All utilities shall be placed underground. Secs Reserved. Page 293(PD)(9)

322 DIVISION 14 - PLANNED RESIDENTIAL TRADITIONAL DESIGN (R-5) Sec A. Purpose and Intent. (a) The Planned Residential Traditional Design (R-5) district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna- Wilderness Area Plan, and the Code of Virginia by allowing for a traditional approach to residential development which provides for the sense of community, pedestrian orientation, sense of place, and connectivity that is commonly associated with neighborhoods prior to the suburbanization of residential development that occurred in the mid-twentieth century. (b) The intent of this district is to provide for a manner of residential development which: a. Fosters a sense of community through the application of building placement and orientation standards and ample common spaces; b. Comports with many commonly-accepted principles of traditional neighborhood development while providing a range of housing types; c. Relies on a transportation network that is compact, well-connected, and conducive to all forms of mobility, including walking, biking, and motor vehicles; d. Takes a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and e. Avoids typical aspects of suburbanization, including large lot sizes, large building setback requirements, a lack of community space and common open space, inefficient use of land, no proximity to commercial centers or civic uses, and a lack of pedestrian infrastructure. Sec B. Applicability. Any property qualifying for a zoning map amendment to the R-5 district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan. Sec C. Development plans. (a) Form. Any R-5 district shall be regulated by an overall development plan or master plan submitted and approved as part of the zoning map amendment request. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include: Page 293(PD) 10

323 a. Design guidelines for the overall site and generalized lot layout standards for each form of housing to be provided; b. A circulation/transportation plan, including a transportation impact analysis (TIA), hierarchy of streets, and general street cross sections; c. An open space, common areas, and recreational facilities plan; d. A landscaping plan; e. A generalized land use plan; and f. A public utilities plan. (b) Major Revisions. Requests for major revisions to an R-5 development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by: a. Significant changes in density; b. Substantial changes in vehicular circulation or access; c. Substantial changes in the types of land uses proposed; d. Substantial changes in building design or site design; and e. Any other change the zoning administrator determines is a major divergence from the approved development plan. (c) Minor revisions. All other changes to an approved R-5 development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a decision to approve or deny. (d) Implementation. All properties for which an R-5 development plan is approved shall be under common ownership before construction may begin. Sec D. General Site Development Standards. (a) Minimum area required to establish a district: Twenty (20) contiguous acres. If a proposed R-5 district is within 1/4 mile of an existing commercial area of considerable size, or is within 1/4 mile of any area specifically designated for commercial use within the adopted Comprehensive Plan, the minimum shall be fifteen (15) acres. (b) Public utilities required: Public water and wastewater services shall be required for all development in an R-5 district. (c) Underground utilities: All utilities shall be placed underground. (d) Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities. (e) Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Page 293(PD) 11

324 Chapter. Street trees shall generally be planted throughout the development in order to form a canopy once the trees reach maturity. Tree species shall be diversified as a precaution against blight. (f) Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter. (g) Signage: If desired, established as part of the development plan. The Remainder of this Page is Intentionally Blank Page 293(PD) 12

325 Sec E. Form-based development design. 1. Housing forms. All housing provided within an R-5 development shall adhere to the forms provided below (examples shown). F1: Single-family detached F2: Single-family detached w/ accessory apartment F3: Duplex (over-andunder) F4: Duplex (side-byside) F5: Fourplex F6: Townhouse F7: Bungalow court F8: Courtyard apartments F9: Live/work unit Figure 1: Permitted housing forms and example images a. Definitions. For the purposes of these district regulations, the following definitions shall apply: Page 293(PD) 13

326 i. F1: Single-family detached a free-standing dwelling unit designed to provide housing for one (1) family and which is constructed in accordance with the Uniform Statewide Building Code. ii. F2: Single-family detached w/ accessory apartment see above and the definition for accessory apartment in Sec iii. F3: Duplex (over-and-under) a structure that consists of two (2) dwelling units stacked one on top of the other with no openings between them, both of which face and are entered from the frontage street. iv. F4: Duplex (side-by-side) a structure that consists of two (2) dwelling units connected by a common side wall with no openings between them, both of which face and are entered from the frontage street. v. F5: Fourplex a structure that consists of four (4) dwelling units, typically two (2) on the ground floor and two (2) above, all of which share a common entry. vi. F6: Townhouse a structure that consists of up to five (5) singlefamily dwelling units each with separate entrances and connected by common side walls with no openings between them, all of which face and are entered from the frontage street. vii. F7: Bungalow court a site that consists of a series of small detached structures all constructed in a cohesive style, which may be single-family detached or duplex dwellings, arranged around and with entrances onto a common courtyard/shared yard that is typically parallel to the frontage street. viii. F8: Courtyard apartments an L or U-structure that consists of multiple side-by-side or stacked dwelling units accessed from a common courtyard or series of common courtyards, all of which utilize individual and/or shared entrances. ix. F9: Live/work unit a structure, which is typically owned by a single entity, that consists of up to two (2) dwelling units above or behind a nonresidential ground floor space. 2. Multiple forms of housing required. At least three (3) forms of housing must be provided in any R-5 development; for the purposes of this section forms F3 and F4 shall be considered one form. No more than forty percent (40%) of the total number of units may be form F1. This may be increased to sixty percent (60%) provided forms F2, F3, and/or F4 are adequately dispersed throughout the areas in which form F1 is provided. Page 293(PD) 14

327 3. Live/work units. If provided, all form F9 housing shall be located in the same area within the development. 4. Distribution of housing. Higher-density forms of housing shall generally be located closest to any on-site or off-site nonresidential uses, including form F9 units. 5. Build-to zones. All housing shall be oriented to the frontage road or for housing forms F7 and F8, to a central courtyard, shared yard, or plaza. Build-to zones shall be utilized for all housing forms instead of traditional building setbacks. No build-to zone shall extend further than twenty-five (25) feet into a lot. Figure 2: Illustration of a build-to zone (required) and a traditional setback (not permitted) 6. Neighborhood form. An R-5 development shall be generally arranged in blocks, streets, alleys, building lots, and open space areas. A strict adherence to a rightangle grid pattern is discouraged in order to allow the development to fit within the topography rather than be superimposed upon it. 7. Block layout. The perimeter of a given block shall not exceed thirteen-hundred and fifty (1,350) feet, unless it is predominantly for usable common open space. No block face shall have a length greater than five-hundred (500) feet without an alley providing through access. A continuous network of rear alleys is recommended for all lots, and is required for any lot sixty (60) feet or less in width, or for any lot which has frontage on a courtyard/plaza or other open space. 8. Garages. If provided, garages shall not face the frontage road to which the lot is oriented unless they are located completely behind the dwelling. 9. Open space criteria: Page 293(PD) 15

328 a. A minimum of twenty percent (20%) of the gross acreage of an R-5 development shall be devoted to common open space and/or community recreational facilities. The required courtyards associated with housing forms F7 and F8 may be used to meet this requirement provided they are at least ten-thousand (10,000) contiguous square feet in size. b. All dwelling units shall be within at least one-thousand feet of a usable, common open space at least ten-thousand (10,000) contiguous square feet in size. c. All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance. 10. Density. An R-5 development shall not exceed a gross density of six (6) dwelling units per acre without density bonuses. 11. Density bonuses. Density bonuses may be allowed under the following scenarios. The maximum gross density of any R-5 development shall not exceed twelve (12) dwelling units per acre with density bonuses. a. An additional one (1) dwelling unit per gross acre may be permitted for each additional five percent (5%) open space provided above the required minimum. The maximum bonus permitted via this provision shall be two (2) dwelling units per acre. b. An additional bonus of two (2) dwelling units per acre may be granted if the site abuts either an existing commercial area of considerable size or any area specifically designated for commercial use within the adopted Comprehensive Plan, and improved pedestrian connections are provided to said area. c. An additional bonus of two (2) dwelling units per acre may be granted if at least twenty percent (20%) of the total number of dwelling units is provided as forms F7, F8, and/or F9. Sec F. Transportation Standards. (a) Streets. All roads shall be dedicated to public use and designed in accordance with VDOT Secondary Street Acceptance Requirements. The Board of Supervisors may allow low-volume roads, alleys, and non-integral roadways to be private and not built according to VDOT standards provided covenants for their maintenance are recorded in the Circuit Court. Streets and their encompassing rights-of-way shall generally be designed to accommodate cars, bicycles, parking, planting strips/islands, and pedestrians. Page 293(PD) 16

329 (b) Access. At least two access points to the project site shall be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district. (c) Connectivity. Streets and alleys within a TND project shall be generally arranged such that they terminate at other streets and alleys rather than cul-de-sacs or other dead-ends. Where topography or site constraints necessitate the use of a cul-de-sac, the centerline of the cul-de-sac road shall not exceed two-hundred and fifty (250) feet in length. Additionally, access to such a road shall be provided by a road providing internal connectivity rather than by another dead-end road. Figure 2: Examples of unacceptable (left) and acceptable (right) connectivity (d) Parking. Parking shall be in accordance with the Supplementary District Standards section of this Chapter. On-street parking shall be strongly encouraged throughout any R-5 development. (e) Sidewalks. Sidewalks shall generally be provided on both sides of the roads within any R-5 development. The Board of Supervisors may allow the strategic location of shared-use pathways (e.g. greenways) in certain areas as an alternate means of meeting this requirement. Secs Reserved. Page 293(PD) 17