HomeMy WebLinkAboutSEPTEMBER 17, 2024 FORMAL SESSION MINUTES 4
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VIRGINL4 BEACH CITY COUNCIL
Virginia Beach, Virginia
SEPTEMBER 17,2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, September 17, 2024 at 2:00 P.M.
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Jennifer Rouse, Joashua F.
"Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Dr.Amelia N. Ross-Hammond—Arrived at 2:12 P.M.
2
CITY MANA GER'S BRIEFING
EMERGENCY MEDICAL SERVICES STRATEGIC PLANAND INITIATIVES
ITEM#76123
2:00 P.M.
Mayor Dyer welcomed Chief Jason Stroud. Chief Stroud expressed his appreciation to City Council for
their continued support and distributed copies of the presentation, attached hereto and made a part of the
record.
Mayor Dyer expressed his appreciation to Chief Stroud for the presentation.
I
September 17, 2024
3
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76124
4:00 P.M.
Mayor Dyer advised last week the City received the disappointing announcement that the Something in the
Water(SITW)Festival has been postponed and wanted to allow City Manager Duhaney to comment first.
City Manager Duhaney advised he has two (2)statements to read, the first is on behalf of the City and the
second statement is from the SITW Team who requested it be read for the Body and public today.
City Manager Duhaney read the following statement on behalf of the City:
"Our City employees are committed to delivering the highest-level quality of service to the
residents and guests of Virginia Beach for all events, large and small. We want to thank
the festival team for acknowledging the City's efforts in their public statement. Which is
why we understand that when it comes to events of this magnitude, sometimes event
organizers have to make hard decisions. We acknowledge the festival's decision to
reschedule the October date so that the experience they produce meets expectations for
their fans and the SITW brand. However, we cannot ignore the frustration we've heard
from our community about this decision. To be clear, this was not a call by the City. We
were made aware of the rescheduling within the same hour the public statement was put
out. What you know about that decision is what we know, and it would be inappropriate
for us to comment on their behalf about their difficult decision. The facts as we know it,
from a City planning standpoint, are:Site plan, transportation, communication and public
safety logistics were on track. These plans can be recycled for future planning purposes.
Funds set aside for a festival sponsorship are still available within this fiscal year
budget...or can be redirected. No funds have been spent yet. The decision to rebook to
April 2025 is not yet solidified. Our objective now is to move forward with the future in
mind and for what is best for Virginia Beach, while weighing the options we have for April
2025."
City Manager Duhaney read the following statement on behalf of the SITW Team:
"We all know there is not an advocate who loves Virginia more than Pharrell.He's worked
tirelessly with his partners at Live Nation to bring this festival to life year after year—and
this year is no different. Over the past 18 months, he's continued to highlight Virginia and
Virginia Beach specifically across his global film, music and fashion initiatives and that
will not stop now. As he said in his public statement, Virginia deserves the best. After
spending considerable time with members of the music community, we have collectively
decided that a festival in April will be far more substantial and impactful for the city of
Virginia Beach and allow some of the participants who had committed and endured
conflicts beyond Pharrell's control to participate in April. We are confident in the potential
and impact of SOMETHING IN THE WATER and have received unprecedented support
off the back of Pharrell's film screenings as well as current and new partners. April will
be stronger than ever. Thank you for your patience, understanding, and unwavering
September 17, 2024
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Virginia Beach Emergency Medical
Services
Strategy Alignment & EMS Update
September 17, 2024
McG hrystal Group V "'R '".A
BEACH
EMS Update
Objectives:
• Review the strategic planning process.
• Provide an overview of the plan .
• Provide information related to key
:, EMERGENCY MEDICAL SERVICES
challenges. CrrrOFVIRGINIA#EACH
• Discuss next steps.
EMS Strategic
Planning
• EMS partnered with the McChrystal Group W
• Collaborative process with stakeholders:
VA
Rescue Squads and Rescue Council
• VB Rescue Squad Foundation
• IAFF L2924 fi '
EMS Staff
• City Manager's Office
• Fire Department - .
• Medical Director ►"*
• Vision & Values Setting
• Workshop Series: Objectives, Strategies, Key Results and Initiatives
Approach
Effort Kickoff in May, carries through August
Week
Beginning
PREPIFOR SURVEY
KICKOFF
OUTBRIEF
KEY LEADER INTERVIEWS WORKSHOP 7: WORKSHOP 2: WORKSHOP 3: AND FINAL
VISION OBJECTIVES INITIATIVES DELIVERABLE
Prep leadership Conduct interviews June 61h- July 101h- July 25t1'-
team for their and survey the Workshop 1 with Workshop 2 Workshop 3
involvement in organization to leadership team is focused on creating focused on Roadmap and
setting direction build a consolidated focused on measurable identifying strategic plan
and their assessment of establishing a clear objectives that serve actionable published for
responsibility to Strengths, vision that the as an indicator for initiatives with leadership to
encourage org-wide Weaknesses, organization progress towards owners, and a share with
participation Opportunities, and aspires to,and the vision roadmap for organization
Threats(SWOT) fundamental implementation
supporting values
Developing the
Strategic Plan
Why we exist
Enduring
How we act
OBJECTIVES What we will accomplish
Multi-year (2-3 yrs)
STRATEGIES How we are going to do it
INITIATIVES What specific actions 18 months, prioritized and
we take now iterated upon
MISSION VISION
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VALUES
'. COLLABORATION PROFESSIONALISM
WE CAN ACCOMPLISH GREAT THINGS TOGETHER • HOLD OURSELVES TO HIGH STANDARDS
• STRIVE FOR CONSENSUS AND UNITY • MAINTAIN INTEGRITY IN EVERY ASPECT
SYSTEM SUSTAINABILITY COMMUNITY
• MAINTAIN A COMBINED CAREER&VOLUNTEER • CARE FOR ALL WITH COMPASSION.RESPECT
THIRD-SERVICE AGENCY &KINDNESS
• HONOR OUR PAST.ATTEND TO THE PRESENT& • REMAIN SERVICE-ORIENTED&COMMUNITY-
PREPARE FOR THE FUTURE FOCUSED
CLINICAL EXCELLENCE
• BE PATIENT-CENTERED&OUTCOME-FOCUSED
REMAIN AT THE FOREFRONT OF PREHOSPITAL MEDICINE
r
Closing the Gap between our Current
State and our Future
Our Vision Virginia Beach EMS provides exceptional
for the prehospital care through seamless teamwork,
empowering a diverse system that provides
Future innovative and compassionate service.
Strategies for r
Overcoming those
x :
Challenges
• Staffing shortages and burnout Staffing
• Lack of communication and collaboration
• Lack of standardization and efficiency Challenges and
• Political and cultural tensions among different threats we must Resources
groups overcome
• Lack of sustainable funding sources and Funding
mechanisms
• A shortage of volunteers Collaboration and Coordination
• Burdensome processes
Virginia Beach EMS provides exceptional prehospital care through seamless teamwork, empowering a diverse system that provides innovative and
• compassionate service.
. . .. . . . . . .
Increase staffing to support call Be the
. ..
Objectives volume demand and protect career or employmentleader . pre-
longevity
professionals
hospital
"Right-size"our organization fora y
• Create a more resilient and Use community P• aramedicine to .
sustained response to current and fficienf EMS system. broaden our impact on the
future demands. Create an environment where EMS Strengthen partnerships by community
Strategies„ lop agency-wide performan professionals are highly satisfied engaging stakeholders in
Quickly attract and hire'fort collaborative initiatives to Adopt a mechanism for ongoing
multipliers'who can make a andards,ensuring alignment 'and well-equipped. enhance collective action. continuous improvement to
immediate and lasting improve 'ith the vision of perfect exceed patient care
on our capacity limitations. QN1 ce. expectations.
1. Predictable revenue is increased" 1. 90%of staff rate job satisfaction
Maintain minimum ambulance YOY. as good or very good in the
staffing that meets 1 unit per 2. Standardization for patient citywide engagement survey in 1. Signature of strategic plan 1. Increase training opportunities
000 calls of service for average. from each segment of VB
compartment and equipment is 2025. by 25%annually.
Key Result Increase#of qualified applicants EMS.
per job posting. increased 35%YOY. 2. Regrettable attrition reduced by 2 50%of MOUs are signed and `2. Maintain performance KPIs
3. Reduce rescue squad expenses 15 YOY. 80%or better.
/o
Critical positions are filled within on medical supplies b 75%b executed by 2025.
90 days. pP y y 3. Workload(UHU)is at or below
FY27. recommended levels(i.e.0.50)
1. Develop a staffing model that 1. Review and update the 1. Develop a system-wide
accounts for all personnel needed 1. Develop and implement a 1. Create a mechanism to measure Emergency Response Plan. accountability program to
(both emergency responders and diversified funding strategy. and take corrective action on the 2 Create a system-wide uphold performance standards
2. Standardize equipment and results of the citywide that improve operations
support)to close the gap between procedures to aid in more engagement survey. partnership through li defined (procurement,training,
hire the positions with most relationship with set
Initiatives our current and needed capacity; consistent and efficient patient 2. Through real-time and exit MOU (a more formalized maintenance,etc.).
urgency. care;beginning with patient surveys,baseline and improve expectations and deliverables). 2. Develop a robust training
2. Improve the targeting and compartment. regrettable attrition. 3. Develop system wide program to facilitate growth in
specificity of our job postings to
3. Develop a standard Centralized 3. Develop health and wellness accountability process for advanced care.
attract and hire the right talent. procurement system. opportunities for employees. member compliance by FY26. 3. Develop a way to collect and
measure performance real time.
Council Support
• 60 additional EMS response (paramedic & AEMT) positions since 2014.
• The addition of an EMS Recruiter position in FY24.
• VB Rescue Council grants: $750,000 (FY24) and $800,000 (FY25).
• Interest-free ambulance loans.
• Additional funding for development of pharmacy program (FY25).
Significant Challenges
• Ambulance Staffing
• Goal is to staff one (1) ambulance for every 3,000 calls-for-service (CFS).
• Current staffing levels fall short of what is needed.
• Causes increased response times, increased fatigue & burnout on providers, and wear & tear on equipment.
• The workload impact on current staffing has been a key factor impacting member retention.
• Ambulance Fleet
• The system needs at least fifty (50) frontline ambulances.
• An additional (10) ambulances, with required equipment, will cost $5million.
• A regular replacement plan, and funding, for rescue squad ambulances is needed.
• Having enough places to park ambulances is becoming a challenge.
• Sustainable Funding Source(s)
• The system has typically relied on fundraising to provide the revenue for ambulances, equipment and supplies.
• The costs of ambulances and equipment has far exceeded what fundraising can reliably provide.
• New costs continue to arise, i.e. whole blood program, need to stand up a pharmacy, etc.
Next Steps
nV
a
• Coordination efforts with partners &
{ stakeholders.
r
M$ :, • EMS Town Hall Meetings — Introduce
#- the plan to members.
• Finalize assessment of alternative
funding strategy.
• Work the plan !
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Questions ?
4
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76124
(Continued)
support. We will shift the planning to deliver the best festival yet and have a concrete plan
set within this calendar year. Thank you, SITW Team"
Mayor Dyer advised Pharrell is part of the City's DNA and in many ways, its heart and soul. Mayor Dyer
reflected on the past SITW Festivals beginning in 2019, shortly after he was sworn in as Mayor, explaining
there were many people who were concerned about the Festival, but it went on to be a remarkably
successful event, especially since it was held during week 17 which had historically been a negative time
for the City. Mayor Dyer advised the following two (2)years several events were canceled due to the
COVID-19 Pandemic, in 2022 the SITW Festival was held in Washington D.C. and last year there were
serious weather conditions which could not be controlled. Mayor Dyer advised there are a lot of decision
makers involved in events of this magnitude and believes the City has been left out and not included in
operational decisions and conversations, such as when it was decided to move the Festival from April to
October. Mayor Dyer advised the City has been in a reactive position and did not know what entertainers
were scheduled or when tickets would go on sale and believes the City should have a proactive position
going forward. Mayor Dyer suggested rather than planning the Festival year to year, there should be a
three (3) to five (5) year commitment to help build trust and better logistical planning. Mayor Dyer
explained it takes a lot of work to have State Police, Fire, EMS, Public Works and vendors organized and
believes a longer commitment and the City having a proactive role would provide an opportunity to make
the Festival a legacy event going forward. Mayor Dyer asked if the SITW Council Liaisons would like to
comment.
Council Member Ross-Hammond advised she and Council Member Rouse have been involved in several
meetings since the announcement and believes Pharrell and his team have heard Mayor Dyer's message
and are working on plans. Council Member Ross-Hammond advised the SITW Team want to reiterate the
Festival is not canceled, it is postponed.
Council Member Rouse advised she and Council Member Ross-Hammond learned about the decision to
postpone the Festival approximately one (1) hour before the Body and the Public were notified. Council
Member Rouse advised there were meetings with City staff and the SITW Team to try and get answers and
address the questions, concerns and frustrations which she was receiving through emails,phone calls and
Facebook. Council Member Rouse advised she shared feedback from the public with the SITW Team and
that is how the statements read by the City Manager were developed, to validate concerns from the public
and give context that the City had plans in place and was ready to deliver while also providing that Pharrell
did not feel the Festival itself was ready. Council Member Rouse advised her takeaway was Pharrell has
a big vision with his partnership with Louis Vuitton and the Lego movie and bringing Virginia into that
partnership, he connects Virginia with bigger things and wants to ensure the Festival lives up to the
standard he is trying to setfor Virginia. Council Member Rouse advised the SITW Team's statement ends
with the commitment to have a concrete plan set within this calendar year and expressed they want to make
an intentional effort to rebuild credibility and trust. Council Member Rouse commended City staff for the
work they have put in to have the Festival ready and for their work this weekend to try and share information
as it was being received.
September 17, 2024
S
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76124
(Continued)
Council Member Schulman advised the Body serves as Council Liaisons to Boards and Commissions and
Special Projects and expressed his appreciation to Council Members Ross-Hammond and Rouse for their
work in collaborating and helping to shepherd City staff and Festival organizers up to this point. Council
Member Schulman further expressed his appreciation to all of the City stafffor the time, effort and energy
theyput in and believes it is a testament that this is a wonderful beach community that should be celebrated.
Council Member Henley advised a lot of work has been done in good faith, but it is more than just a
disappointment, it has been costly for hoteliers and others at the Oceanfront who have spent a lot of money
to prepare and made commitments and now will not have the income they anticipated. Council Member
Henley advised it is important to understand that and take this as a learning experience so going forward
the City can be proactive and set the standards on what is expected with benchmarks and certainties.
Council Member Henley emphasized, the standard needs to apply to all events, not just this one.
Council Member Taylor advised it is important the SITW Team understands the City also has a brand and
image to protect,just as Pharrell is the ambassador for Louis Vuitton, who have expectations. Council
Member Taylor advised he sent an email to the Council Liaisons and City Manager on June 4rh and read a
portion of the email:
"Several local business leaders have inquired about the status of the 2024 SITW Festival.
Many local businesses are doing their best to plan in advance for any opportunities to
participate in the Festival. Can you provide us with any information related to;Date(s),
Artist commitments, Communications with SITW team. Several people close to Pharell
have made comments that he may or may not participate in the festival."
Council Member Taylor advised Council Member Ross-Hammond responded that she is communicating
with the SITW Team and would share more information with the Body and public in a timely manner.
Council Member Taylor advised this shows there was communication and now two (2)festivals that were
scheduled, have been abruptly canceled which does not give business owners or consumers confidence.
Council Member Taylor advised he has received feedback from stakeholders regarding the SITW Team
who expressed there has been very little and vague responsiveness, lack of concern for citizens, lack of
professionalism in preparation by scheduling from April to October due to inclement weather but now
scheduling again to April. Council Member Taylor expressed his concern for the City's brand, businesses
and citizens who stood in line for hours and does not believe the Body just found out about the Festival
being postponed. Council Member Taylor advised there needs to be more planning and the City needs to
be more proactive than reactive and set a standard.
Council Member Ross-Hammond advised she was told at 1:1 S P.M. that the Festival was "a go"and then
at 3:27 P.M., received the news that it was postponed and was blindsided by the news. Council Member
Ross-Hammond advised the SITW Team are doing all they can now to try and correct this and build back
trust with the City and why having them provide a statement was so important, so they can be held to it.
Council Member Ross-Hammond advised Pharrell is a wonderful person and understands he has
something bigger he wants to share with the City which led to this point.
September 17, 2024
6
CITY COUNCIL DISCUSSION/INI714TIVES/COMMENTS
ITEM#76124
(Continued)
Council Member Wooten asked how the Body can solidify this conversation to ensure the City is in a
proactive position, can hold the SITW Team accountable and set expectations? Council Member Wooten
asked if there has been a Memorandum of Understanding(MOU)with the SITW Team?
City Manager Duhaney advised there was a contract that was based on the terms City Council approved.
Council Member Wooten asked if there was a MOU and this still happened, then what should be done to
prevent this from happening again?
Mayor Dyer believes having a three (3) to five (5)year obligation with terms to ensure the City is part of
the decision making will help.
Council Member Remick expressed his disappointment and agrees with having a three (3) to five (5)year
contract and would like to see it take place during week 17. Council Member Remick advised he would
like to see the SITW Festival come through but there are other interests for week 17 and the Body needs to
have something in writing soon in order to compare and make a decision.
Vice Mayor Wilson advised "disappointment"is an inadequate word for this due to the number of people
and economics that have been affected from hotels, restaurants and vendors to the people who stood in line
and others who bought plane tickets. Vice Mayor Wilson expressed her hope that lessons have been learned
and agrees with having a multi year contract, similar to the Jackalope Festival and the Rock and Roll
Marathon. Vice Mayor Wilson believes it is because the SITW Festival has been so successful, that the
news of it being postponed, is so devasting now.
September 17, 2024
7
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76125
(Continued)
Council Member Remick advised he and Council Member Berlucchi are Council Liaisons to the Virginia
Beach Community Development Corporation(VBCDC)and recalled the Body's decision to have staff move
forward with a contract for land at the entrance of Tidewater Community College (TCC) off of Princess
Anne Road. Council Member Remick advised the contract is being prepared and will have to be approved
by the Body and requested to have VBCDC scheduled in order to provide a briefing to the Body on the
contract and updates to the project they are working on with National Alliance on Mental Illness (NAMI)
to build a housing complex with 45 to 60 apartments.
September 17, 2024
8
CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS
ITEM#76126
(Continued)
Council Member Remick advised he has seen information on social media concerning the status of the
Atlantic Park Project and would like to provide an update, as $253-Million is a substantial amount of
money. Council Member Remick advised the City owns the entertainment facility and the parking garage,
which are significant assets, and while there are entertainment bookings for May 2025, it is difficult to
determine if there will be a return on investment in one (1),five (5), or ten (10)years. Council Member
Remick advised he is aware of other investors and business owners who are interested in making
investments within their businesses and believes those investments, coupled with the entertainment venue,
retail and surf park, will be transformative for the City and cannot wait to see it open.
Council Member Schulman advised he is a Co-Liaison with Council Member Remick and would like to add
a couple of comments to the update. Council Member Schulman advised the City promised an
entertainment venue when the Dome was torn down, there will be two (2)parking garages and there will
be infrastructure improvements by putting the utilities underground. Council Member Schulman advised
the underground utilities serves for esthetic and resiliency purposes. While the investment has grown for
the project, it shows the City is capable of large scale development projects, similar to Town Center, which
employs approximately 5,000 and provides approximately$16-Million in annual revenue. Council Member
Schulman believes this project will have the effect of attracting new businesses and new residents in the
area and believes thisproject will be just as successful. Council Member Schulman is hopeful that everyone
is excited for this project and will celebrate once its opening.
September 17, 2024
9
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#7612 7
(Continued)
Vice Mayor Wilson advised the Southside Network Authority (SNA) broadband ring project is delayed to
February 2025 due to VDOT negotiations for the Midtown tunnel, U.S. 58, railroad crossings and
permitting. Vice Mayor Wilson advised the project was more complicated than expected.
September 17, 2024
10
CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS
ITEM#76128
(Continued)
Vice Mayor Wilson advised there has been a lot of discussion concerning the $60-Million Rudee Park
project and she would like to briefly explain the process thus far as many do not understand. Vice Mayor
Wilson advised there was a lot of outreach with surveys presented to the public on four (4)proposals to
determine the interest level. The Virginia Gentleman Foundation received 4% of the public's interest,
Bruce Smith Enterprises received 6%, PHR Gold Key received 24% and the Parks and Recreation
Department received 64%. Vice Mayor advised there were complications since the City and the Virginia
Beach Development Authority(VBDA)owns the land, the VBDA voted and had nine(9)votes for a different
entity to maintain the park and six (6) votes for the City to maintain it. Vice Mayor Wilson advised$60-
Million has been budgeted however, that is not a hard number since there has not been a final determination
on what will go in the park so there will be more public outreach to gather information on what is wanted.
Vice Mayor Wilson asked if City Manager Duhaney would like to comment on the parks budget.
City Manager Duhaney advised in October 2023, after City Council advised they wanted a park at Rudee
Loop, City staff provided a presentation on options going forward which led to creating the Capital
Improvement Project(C1P)with an appropriation of$4-Million and starting the Request For Qualification
(RFQ)process. City Manager Duhaney advised the firms selected are the ones who provided the Body's
presentation last week and responsible for public engagement, developing concept plans and conducting
feasibility studies. Once complete, each firm will provide the Body a presentation to allow City Council to
select the design at which point the $6-Million for the design can be spent and determine how the $50-
Million will be allocated. City Manager Duhaney advised one of the major costs will be for parking as
there are approximately 300 parking spaces now which will need to be replaced with additional spaces to
accommodate for the new park and amenities. City Manager Duhaney advised the cost to build each
parking space within a garage is estimated at $35,000, based on other projects completed, and if the
parking was doubled to 600, the estimated cost would be$21-Million.
Council Member Taylor advised he is struggling with the premise that the Body does not know what the
public wants after the public completed surveys; as well as the parking issue, when there was a developer
who owns private property and wanted to join with Venture and collaborate however, the Body was not
interested in talking to him. Council Member Taylor does not believe the public wants to spend$40 Million
on a park that includes $22-Million in parking and suggested surveying each district to determine how
many people are going to drive to Rudee Park to surf or fish and what else they may desire. Council
Member Taylor expressed money continues to be spent on surveys and studies just to ignore them and do
them over, similar to what is happening with the Virginia Aquarium (VAQ). Council Member Taylor
advised the Body has the data and should be able to use it to tell the designer what is wanted instead of the
designer bringing the Body illustrious designs and finding out what they cost, expressing the process seems
backwards to him. Council Member Taylor further advised he has not spoken to anyone in District 8 who
supports spending $20 to $30-Million on parking at Rudee Loop when the VAQ is an asset earning$4-
Million more and running at a lower cost then what the Body was previously told. Council Member Taylor
requested to have all of the collected surveys and input provided to the Body.
September 17, 2024
11
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76129
(Continued)
Council Member Henley asked for guidance on how to proceed with an issue in District 2 that is similar to
the issue concerning Owl's Creek Oyster Bar briefed to the Body last week. Council Member Henley
advised the property where the oyster bar was planned had the correct zoning and did not need to be heard
by City Council, but it needed the U. S.Navy's approval for an easement. Council Member Henley advised
a property owner in Sandbridge is going to do a very intense development project and will not need to come
before City Council as the property is already zoned for the type of development. Council Member Henley
advised she attended a civic league meeting recently and was asked what the City Council could do about
the development in which she explained that since the development is already zoned for the project, City
Council would not have to approve it. Council Member Henley advised last week citizens were allowed to
speak during the City Council Informal Session after the Body's presentation and asked what she should
tell the citizens in her District who would like to express their opposition to the Body?
Mayor Dyer asked City Attorney Stiles to confirm that the difference with the Owl's Creek project is that it
was already properly zoned, but the U.S. Navy has the air rights easement, so the developer needed
approval granted by the U.S. Navy.
City Attorney Stiles advised that was correct, the purpose for the presentation last week was to show the
distinction between the zoning requirements, which were met, and the U. S. Navy's interest in enforcing its
easement which is between the property owner and the US.Navy. City Attorney Stiles explained,following
the presentation, members of the public were allowed to speak.
Council Member Henley advised the presentation provided last week does not have any information about
the U. S. Navy but believes the two (2) developments are similar since they can be completed by-right
without City Council's approval and would like to know if the citizens will have an opportunity to speak?
City Attorney Stiles advised the presentation was provided to show the development was by-right zoning
and is administratively approvable and then in response to the community's concerns, it was mentioned
that the U. S. Navy had sent a letter expressing their objection based on the terms of the easement shared
between the property owner and the U. S. Navy. City Attorney Stiles advised that is not in the Minutes
potentially because the City has no role in that piece.
Council Member Henley expressed her belief that the Minutes should include the information concerning
the U. S. Navy and that speakers were allowed to comment.
Mayor Dyer advised citizens can come speak to City Council during the Open Dialogue portion of City
Council Meetings.
Council Member Wooten understands citizens can speak during Open Dialogue but acknowledged it can
be difficult to fully express concerns in the three (3) minute time limit and advised she would support
allowing citizens to speak during a City Council Informal Session. Council Member Wooten requested a
list of by-right zoning projects the City has received in order for her to review.
September 17, 2024
12
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76129
(Continued)
Council Member Taylor advised there were four (4) sponsors for the Owl's Creek Oyster Bar Council
Briefing and asked if it would be within the Body's rules, if there was a desire and there were three (3)
sponsors, to have Planning Director Warren provide a presentation to City Council on the Sandbridge
development project?
Mayor Dyer advised it would be within the rules and agreed to be a sponsor for the presentation as he
believes it would be good to clarify for the public what by-right zoning means.
September 17, 2024
13
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76130
(Continued)
Council Member Berlucchi advised last Saturday he attended the Bridge The Gap Festival at Mt.
Trashmore, organized by Pastor Bobby White and other City leaders, to literally bridge the gap between
Law Enforcement and Public Safetypersonnel and members of the community to build trust, mutual respect
and understanding and was a truly fantastic festival. Council Member Berlucchi was pleased to see Mayor
Dyer, Council Member's Rouse and Wooten, SheriHolcomb and Congresswomen Kiggans, and so many
community members, gathering in unity and believes it will lead to a safer community.
September 17, 2024
14
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76131
(Continued)
Council Member Wooten advised she was invited by attorney Don Macari and JeffDoy to visit the Princess
Anne Athletic Complex (PAAC) and it was wonderful experience to see the players playing football with
their parents watching. Council Member Wooten shared the feedback she received from parents who
expressed their sincere appreciation for City Council's support and investment in the Virginia Beach Youth
Tackle Football (VBYTF)Program. Council Member Wooten advised the VBYTF Program is working by
getting children engaged and teaching life experiences and expressed her appreciation to the Body for
supporting this program.
September 17, 2024
15
CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS
ITEM#76132
(Continued)
Council Member Schulman advised he had the honor and privilege to attend Freedom Festival 2024 at
Camp Pendleton, hosted by the Virginia Beach Fallen Heroes, who support military service members and
first responders who have fallen in action. Council Member Schulman advised it was nice to see Mayor
Dyer, Vice Mayor Wilson and Council Member Remick attend and expressed it was impressive to see the
tactical demonstrations with people and service dogs repelling from helicopters. Council Member
Schulman encouraged anyone who has not attended before to go to the next one.
September 17, 2024
16
CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS
ITEM#76133
(Continued)
Council Member Schulman expressed his appreciation to Captain Elliott and his Police Officers at the 3.d
Precinctfor allowing him to participate in a ride-a-long on the night of the 13`h. Council Member Schulman
advised many may believe they know what the life of a public servant is like, but he was able to see the
human side of many challenging situations as well as situations where people are in the most vulnerable
circumstances of their lives and to see the professionalism, kindness and patience that first responders
display was truly incredible.
September 17, 2024
17
CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS
ITEM#76134
(Continued)
Council Member Ross-Hammond advised on the 13`h she attended a luncheon in Crystal City to celebrate
the 30`h Anniversary of Virginia High Speed Rail (VHSR) and it was wonderful to hear former Governor
Bob McDonnell mentioned for being instrumental in providing $I10-Million for the project. Council
Member Ross-Hammond advised more people are taking the VHSR than ever and it continues to be a
success.
September 17, 2024
18
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#7613 5
(Continued)
Council Member Ross-Hammond advised last Sunday she provided welcoming remarks at the Sandler
Centerfor the Virginia Symphony Orchestra who performed their inaugural season event. Council Member
Ross-Hammond advised it was very well attended and was impressed with 24-minutes video that introduced
the audience to different sections in the orchestra and believes it would be great for schools to use as well.
September 17, 2024
19
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76136
(Continued)
Council Member Hutcheson advised he attended the Yh Annual 9111 Memorial log carry at the Oceanfront.
Council Member Hutcheson advised Mayor Dyer and former members of the Virginia Task Force 2(VTF2)
who responded to the Pentagon on 9111 also attended, including former Deputy City Manager Steve Cover.
Council Member Hutcheson expressed pride of the VTF2, explaining it was formed in 1992 and has
responded to every natural and manmade disaster since then with 9111 being special and near and dear to
his heart. Council Member Hutcheson advised the day VTF2 was leaving, they did not know if they were
responding to New York City or the Pentagon until they were diverted and went to work at the Pentagon
where a lot ofpeople passed away.
September 17, 2024
20
CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS
ITEM#7613 7
(Continued)
Council Member Hutcheson advised he and Council Member Ross-Hammond are Co-Chairs on the
BEACH Governing Board and were tasked with distributing P-Million from the Department of Housing
and Urban Development (HUD) which is not an easy task but the groups involved such as, LGBTQ Life
Center,Judeo Christian Outreach Center, Community Alternatives Management Group(CAMG),Planning
Council, Samaritan House and Virginia Beach Community Development Corporation, do a phenomenal
job with little money and expressed his appreciation to all of them.
Council Member Hutcheson advised he and Council Member Berlucchi are Co-Liaisons to the Animal
Services Advisory Board(ASAB) and expressed his appreciation to Captain Fox and her team who have
reduced the number of animals in the shelter from last year to this year by 770. Council Member Hutcheson
advised it is due in part to the team's philosophy of returning animals to their owners before they leave
their neighborhoods. Council Member Hutcheson advised next weekend they will have a chip community
clinic in the Aragona neighborhood to help increase the number of animals returned to their owners.
Council Member Hutcheson advised just to add context, there are over 150,000 dogs and 130,000 cats that
enter the shelter.
Council Member Hutcheson advised he is proud of both groups who do so much on a small budget.
September 17, 2024
21
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76138
(Continued)
Council Member Taylor expressed his appreciation to R.J. Mattes,Jonathan Torres, Police Chief
Neudigate and Public Works Director Hanson for their quick response to a citizen's request to have
parallel parking striped on Starfish Road within two (2)weeks of the request.
September 17, 2024
22
CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS
ITEM#76139
(Continued)
Vice Mayor Wilson advised the Community Organization Review and Allocation Committee (COG) met
yesterday to begin the process of reviewing 35 applications and will conduct interviews in the middle of
October.
September 17, 2024
23
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76140
(Continued)
Council Member Remick advised he and Mayor Dyer attended the groundbreaking ceremony at Mount
Olive Baptist Church in Historic Seatack to replace a large portion of the church. Council Member Remick
advised it is the oldest church in the community and there was a large turnout from the community with
scripture readings and songs which were very moving. Council Member Remick wished them the best as
they move forward with the project.
September 17, 2024
24
AGENDA REVIEW SESSION
ITEM#76141
3:51 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOL UTION
1. Resolution to DESIGNATE October 9, 2024 as PANDAS and PANS Awareness Day and to
DIRECT the City Manager to illuminate Building 30 and the Virginia Beach Convention Center
with green lighting(Requested by Mayor Dyer)
2. Ordinance to ADD City Code Section 21-307 re authorize enforcement ofparking regulations in
facilities owned by the City of Virginia Beach Development Authority and set a fee for removal
of a vehicle immobilization device
3. Ordinance to REPEAL Chapter 30,Article III,Erosion and Sediment Control and Tree Protection
and Appendix D, Stormwater Management and ADOPT and REORDAIN Appendix D, Erosion
and Stormwater Management
4. Ordinance to AMEND the Economic Development Investment Program ("EDIP') Policy and
Procedure
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years with
the United States Coast Guard re 36+/-square foot portion of City property located on the Jetty
on the North side of Rudee Inlet
6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion
of an unimproved lane adjacent to the rear of 200 70 Street
7. Ordinance to ESTABLISH Capital Project #100684, "Seatack Park Improvements," and to
APPROPRIATE$3-Million in Public Facility Revenue Bonds
8. Ordinance to ACCEPT and APPROPRIATE$719,970from the Federal Emergency Management
Agency to the FY2024-25 Fire Department Operating Budget re continued operation of the
Virginia Task Force 2 Urban Search and Rescue Team
9. Ordinance to ACCEPT and APPROPRLATE $467,000 from the Police Federal & State Seized
Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police
equipment and training
10. Ordinance to ACCEPT and APPROPRIATE $122,600 from the Virginia Department of Motor
Vehicles (DMV) to the FY2024-25 Police Department Operating Budget re overtime and
equipment expenses related to the seatbelt and speed enforcement and AUTHORIZE a 50%in-
kind grant match
September 17, 2024
25
AGENDA REVIEW SESSION
ITEM#76141
(Continued)
11. Ordinance to ACCEPT and APPROPRIATE $55,450 from the Virginia Department of Motor
Vehicles(DMP)to the FY2024-25 Police Department Operating Budget re overtime,training,and
equipment expenses related to the DUI enforcement and AUTHORIZE a 50% in-kind grant
match
12. Ordinance to ACCEPT and APPROPRIATE $81,861.55 and an additional $2,455.85 from the
Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re
mobilization of Virginia Task Force 2 for wildfires in New Mexico
13. Ordinance to ACCEPT and APPROPRIATE $19,538.76 and an additional $586.16 from the
Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re
mobilization of Virginia Task Force 2 for a tropical disturbance in Puerto Rico and
REIMBURSE$2,000 to the Federal Emergency Management Agency for the overpayment re 2020
Puerto Rico Earthquake deployment
14. Ordinance to ACCEPT and APPROPRIATE $66,112.23 and an additional $1,983.37 from the
Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re
mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Texas
15. Ordinance to ACCEPT and APPROPRIATE$12,320 and an additional$369.60 from the Federal
Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re
mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico
16. Ordinance to ACCEPT and APPROPRIATE$1,000 from the Virginia Department of Emergency
Management to the FY2024-25 Emergency Communications and Citizen Services Operating
Budget re Public Safety Answering Points(PSAP) education program
17. Ordinance to ACCEPT and APPROPRIATE$250 from the Virginia Alcoholic Beverage Control
Authority's Youth Alcohol and Drug Abuse Prevention Project to the FY2024-25 Parks and
Recreation Operating Budget re Youth Alcohol and Drug Abuse Prevention Project
September17, 2024
26
AGENDA REVIEW SESSION
ITEM#76141
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. MARY LIVELY for a Variance to Section 4.4(b) of the Subdivision Regulations re construct a
single-family dwelling for a parcel directly East of 1140 Rollingwood Arch and North of 989
Autum Harvest Drive DISTRICT 1
2. TIMOTHY PAASCH/OCEAN RESCUE SERVICE INC for a Special Exception For
Alternative Compliance re low-speed vehicle storage at 1804 Arctic Avenue DISTRICT 6
3. GORDON R. CRENSHAW & HANNAH L CRENSHAW for a Street Closure re
approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to
1217 North Bay Shore Drive DISTRICT 6(Deferred from August 13, 2024)
4. OUR LADY OF PERPETUAL HELP CENTER, INC,for a Modi ication of Conditions to a
Conditional Use Permit re increase the number of units from 120 to 124 and to expand the
building by 16,850 square feet at 4560 Princess Anne Road DISTRICT 1
5. DOGS REAL ESTATE,LLCfor a Conditional Use Permit re residential kennel at 3449 Robinson
Road DISTRICT 2
6. ROBERT JESSUP/ROBERT&JENNIFER A.JESSUP for a Conditional Use Permit re home
occupation at 2940 Dante Place DISTRICT 3
7. DANIELLE GOOD/STAR REAL ESTATE LLCfor a Conditional Use Permit re tattoo parlor
at 397 Little Neck Road DISTRICT 8
8. Ordinance to ADOPT a new Official Zoning Map, which shall replace the existing Official
Zoning Map, due to a change in the computer mapping format used to store the map data
and develop the printed copies. There are no changes to the Zoning District or their existing
locations between the current and proposed maps.
L.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
CO UNCIL MEMBER HENLEY WILL ABSTAIN ON ITEM#5
September 17, 2024
27
ITEM#76142
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY. Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 1, 3, 4, 5, 6, 8
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel pursuant to Section 2.2-3711(A)(7).
• Branch v. City of Virginia Beach
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3 711(A)(8).
• Election System
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3 711(A)(29)
• Project Sky
• FPOP
September 17, 2024
2s
ITEM#76142
(Continued)
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities,Agencies and Appointees
September 17, 2024
29
ITEM#76142
(Continued)
Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council voted to
proceed into CLOSED SESSION at 4.00 P.M.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. `Jloash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
Break 4:00 P.M. — 4:10 P.M.
Closed Session 4:10 P.M. — 5:45 P.M.
September 17, 2024
30
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
SEPTEMBER 17, 2024
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, September 17, 2024, at 6:00 P.M.
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Pastor Brent Patrick
Lead Pastor, Gateway Church
MOMENT OF SILENCE
PLEDGE OF ALLEG]ANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341"Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
September 17, 2024
31
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and hd has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government
Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a 'personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
September 17, 2024
32
V.F
CERTIFICATION
ITEM#76143
Upon motion Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
*Vice Mayor Wilson stepped out of the Closed Session during the Publicly Held Property discussion due
to a conflict of interest(5:31—5:45 P.M.).
*Council Member Wooten stepped out of the Closed Session during the Public Contract — FPOP
discussion due to a conflict of interest(4:28—5:04 P.M.).
September 17, 2024
G�r11A•BFa
4- 2
OF OUR NPt`ONS
RESOL UTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#76142 on Page 29 and in accordance with the provisions of The
Virginia Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, iscussed or considered by Virginia Beach City Council.
A a Ba ne ,M C
City Clerk
September 17, 2024
33
ITEM— V.G.l
MINUTES
ITEM#76144
Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 3,2024
Voting: 10- 1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 17, 2024
34
ITEM— V.G.2
MINUTES
ITEM#76145
Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the SPECIAL FORMAL SESSION of September 10, 2024
Voting: 10- 1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
September 17, 2024
35
ITEM— V.H.1
MAYOR'S PRESENTATION
ITEM#76146
PROCLAMATION
HUNGER ACTION MONTH
Mayor Dyer welcomed Christopher Tan,President and CEO—Foodbank of Southeastern Virginia and the
Eastern Shore and read the Proclamation declaring the month of September 2024 as, "HUNGER ACTION
MONTH". Mayor Dyer called upon all citizens to recognize the importance of bringing attention to food
insecurity in communities and taking action to end hunger.
Mr. Tan expressed his appreciation to City Council for their continued support.
September 17, 2024
I'Otcti¢, �
L F OUR•f�H A_T���
Proclamation
49*a= Munger and poverty are issues of vital concern in'Virginia where more than 11% of people face
hunger in and one in every 7 children do not know where their neat meal will come fronS and
'4V un= Everyone needs nutritious food to thrivr,and in every community in Ameticq people are working
hard to provide for themselves and their fami6e4—yet in 2022, 44 milfwn people-1 in-7 including
more than 13 mi5on children-1 in S-faced food insecurity in the V.S.`1Trat includes 45,250 in the
City of 14tyinia Beach;and
4ldWMU The City of l irginia Beach of Virginia is committed to taking steps to combat hunger in every part
of our community and to provide additumaf tesources that those in Southeastern'Virginia need•and
ufwrear The City of Virginia Beach of Virginia is committed to working with the rf'ood6ankof Southeastern
Virginia and the Eastern Share, a member of the Feeding America®nationwide network of food
6anfF, in educating people about the role and importance of food 6anks•in addressing hunger and
raising awareness of the need to devote more resources andattention to hunger issues;and
"d+M= .`More than 9.9%of indwiduafs in City of Virginia Beach refy on food provided by the members of the
Toodbankof Southeastern Vrginia and the Eastern Shore annually,•and
'Gtdtereac 9fee members of the Toodbankof Southeastern Virginia and the Eastern Shore distributed more than
20 mi%on meats to in frscalyear 2024. through its networkof food pantties,soup kitchens,shelters,
andothercommunity organizations,•and
Ivnemsr The month of September has been designated?funger Action Wonth"and September loth as
WungerAction(Day"in order to bring attention to food insecurity in our communities and to enlist
the public in the movement to endhunger by taking action—incl iriy volunteer shifts,social media
shares;and donations—to ensure every community,and every6ody in it, has the food they need to
thrive;and
"*em= Food bankl across the country,including the members of the TFederation of Virginia Food Banks—
Tood6ank of Southeastern Virginia and the Eastern Shore, Virginia ftninsuk Toodbank, Feed
Worn,Treded*burg ftionalrFoodBank CapitalArea EFoodBank,Blue�RdgeArea ToodBank
and If'eedtng Southwest Virginia—will host numerous events throughout the month of September to
bring awareness and help end hunger in their focal community.
Now,2&erefore,I,(Rg6ert ryf. Dyer,Wayor of the City of Virginia Beach,Virginia,do hereby ftocfaim.•
September 17 2024
YfungerAction Jlrlonth and3funger
Action (Day
In$*inia Beads I calrupon alfthe citizens of our 6efoved city to join me in recognizing the importance to bring
attention to food insecurity in our communities by taking action to end hunger.
In'Witness 50mrsof, I have hereunto set my hand and caused the Off vial Seal of the City of Virginia Beach,
Virginia,to be affixed this Seventeenth iDay of September,Two 2housandTwenty-Tour.
. 1 y�
&best 9K. "BoAly'dyer
Mayor
36
ITEM— Y.L1
PUBLIC HEARINGS
ITEM#7614 7
Mayor Dyer DECLARED a PUBLIC HEARING:
MANAGEMENT OF CITY PROPERTY
2044 Landstown Centre Way/Sportsplex and Field Hockey Complex
The following registered to speak.-
Chuck Thornton, 2477 Piney Bark Drive, Phone: 675-5245, spoke in SUPPORT
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
September 17, 2024
37
ITEM— V.L2
PUBLIC HEARINGS
ITEM#76148
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT
Installment Purchase Agreement for 152.96 acres at 1368 Pleasant Ridge Road
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
September 17, 2024
38
ITEM— V.L3
PUBLIC HEARINGS
ITEM#76149
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION,BYAGREEMENT OR CONDEMNATION
Robinson Road Improvements Project, CIP 100347.032
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
11
* Council Member Schulman took a moment to welcome and express his appreciation to the several
Virginia Wesleyan University students in attendance who are in enrolled in a Political Science course
September 17, 2024
39
ITEM— V.J
FORMAL SESSION AGENDA
ITEM#76150
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items.
The City Clerk called the following speaker:
Donnie Gregory, 529 Brooklyn Court, Phone: 701-7121, spoke in SUPPORT of Ordinance K.7
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution K.1,2,3,4, 5, 6, 7, 8, 9,10,11, 12,
13, 14, 15,16 and 17 and Planning Items L: 2, 3, 4, 5, 6, 7 and 8
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua E `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
L.PLANNING ITEMS.
ITEM#1 WILL BE CONSIDERED SEPARATELY
September 17, 2024
40
ITEM— V K1
ORDINANCESIRESOL UTION
ITEM#76151
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Resolution to DESIGNATE October 9, 2024 as PANDAS and PANS
Awareness Day and to DIRECT the City Manager to illuminate Building 30 and the Virginia Beach
Convention Center with green lighting(Requested by Mayor Dyer)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
REQUESTED BY MAYOR DYER
1 A RESOLUTION DESIGNATING OCTOBER 9, 2024 AS
2 PANDAS AND PANS AWARENESS DAY AND DIRECTING
3 THE CITY MANAGER TO ILLUMINATE BUILDING 30 AND
4 THE VIRGINIA BEACH CONVENTION CENTER WITH
5 GREEN LIGHTING
6
7 WHEREAS, Pediatric Autoimmune Neuropsychiatric Disorder Associated with
8 Streptococcal Infections ("PANDAS") and Pediatric Acute-onset Neu ropsychiatric
9 Syndromes ("PANS") are neuropsychiatric conditions that result from streptococcal,
10 bacterial, or viral infections, or environmental triggers, and cause abnormal activation of
11 the immune system;
12
13 WHEREAS, children with PANDAS and PANS experience a sudden, dramatic
14 change in personality displayed as obsessive compulsive disorder;
15
16 WHEREAS, symptoms of PANDAS and PANS generally begin between the age
17 of three and the onset of puberty, and include tics, restrictive eating, emotional lability,
18 depression, irritability, aggression, oppositional behavior, behavioral regression,
19 oppositional behaviors, deterioration in handwriting, loss of math skills, sensory or motor
20 abnormalities, sleep disturbances, and urinary frequency;
21
22 WHEREAS, researchers believe PANDAS and PANS involve a misdirected
23 autoimmune response that weakens the blood brain barrier and irritates a region of the
24 brain that manages a variety of functions, such as movement, cognitive perception,
25 executive thinking, emotions, and the endocrine system;
26
27 WHEREAS, PANDAS and PANS are estimated to affect as many as 1 in 200
28 children in the United States and are often misdiagnosed and undertreated;
29
30 WHEREAS, researchers at the National Institutes of Health are engaged in
31 extensive research to determine how to effectively treat PANDAS and PANS;
32
33 WHEREAS, current treatment options include antibiotics, steroids, intravenous
34 immunoglobulin, plasmapheresis, cognitive behavior therapy and anti-inflammatory
35 medication;
36
37 WHEREAS, there is a nationwide movement to raise awareness of PANDAS and
38 PANS by designating October 9, 2024 as PANDAS AND PANS Awareness Day;
39
40 WHEREAS, increased awareness of PANDAS and PANS is critical because it can
41 lead to proper diagnosis and treatment of the disorders, thereby improving the quality of
42 life for children and families affected by PANDAS and PANS, and decrease costs to
43 taxpayers from children requiring additional special services within the school system,
44 intensive inpatient psychiatric and residential care paid by Medicaid, and disability
45 insurance payments if the diseases remain untreated;
46
47 WHEREAS, green is the color used to represent PANDAS and PANS;
48 WHEREAS, two City buildings, Building 30 and the Virginia Beach Convention
49 Center, have lighting that can be used to illuminate the buildings, and the illumination of
50 those buildings in green will promote PANDAS and PANS awareness; and
51
52 WHEREAS, the above-mentioned City buildings are scheduled to be illuminated
53 in green on October 9, 2024 in recognition of PANDAS and PANS Awareness Day.
54
55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
56 OF VIRGINIA BEACH, VIRGINIA:
57
58 That the City Council hereby designates October 9, 2024 as PANDAS and PANS
59 Awareness Day; and
60
61 That the City Manager is directed to illuminate Building 30 and the Virginia Beach
62 Convention Center with green lighting in recognition of PANDAS and PANS Awareness
63 Day on October 9, 2024.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 17 th
day September 2024.
APPROVED AS TO LEGAL SUFFICIENCY:
Ci ttorney's Office
CA16647
R-1
September 4, 2024
2
41
ITEM— V.K.2
ORDINANCESIRESOL UTION
ITEM#76152
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT, Ordinance to ADD City Code Section 21-307 re authorize enforcement of
parking regulations in facilities owned by the City of Virginia Beach Development Authority and set a
fee for removal of a vehicle immobilization device
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ADD SECTION 21-307 TO
2 THE CITY CODE TO AUTHORIZE
3 ENFORCEMENT OF PARKING REGULATIONS
4 IN FACILITIES OWNED BY THE CITY OF
5 VIRGINIA BEACH DEVELOPMENT AUTHORITY
6 AND TO SET A FEE FOR REMOVAL OF A
7 VEHICLE IMMOBILIZATION DEVICE
8
9 SECTION ADDED: § 21-307
10
11 WHEREAS, there is a need to authorize additional enforcement of parking
12 regulations in facilities owned by the City of Virginia Beach Development Authority, which
13 will assist in implementation of gateless parking facilities and allow enforcement in such
14 facilities to meet community standards; and
15
16 WHEREAS, the actual cost incurred for the removal of a vehicle immobilization
17 device is $75;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA, THAT:
21
22 Section 21-307 is hereby added to the City Code to read as follows:
23
24 Sec. 21-307. Parking enforcement in facilities owned by the City of Virginia Beach
25 Development Authority; immobilization device removal fee.
26
27 (a) The regulations of parking set forth in this article and the enforcement thereof shall
28 apply to facilities owned by the City of Virginia Beach Development Authority, a
29 political subdivision of the Commonwealth of Virginia.
30
31 (b) As permitted by Virginia Code 46.2-1231, the removal of a vehicle immobilization
32 device shall be subject to a fee of$75. Such fee may be collected directly by the
33 City or a vendor under contract to perform vehicle immobilization.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 17 th day
of September , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Public Works e of the City Attorney
CA16637
R-1
September 4, 2024
42
ITEM— V.X3
ORDINANCESIRESOL UTION
ITEM#76153
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to REPEAL Chapter 30, Article III, Erosion and Sediment
Control and Tree Protection and Appendix D, Stormwater Management and ADOPT and REORDAIN
Appendix D,Erosion and Stormwater Management
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE REPEALING CHAPTER 30,
2 ARTICLE III, EROSION AND SEDIMENT CONTROL
3 AND TREE PROTECTION AND APPENDIX D,
4 STORMWATER MANAGEMENT AND ADOPTING
5 AND REORDAINING APPENDIX D, EROSION AND
6 STORMWATER MANAGEMENT
7
8 Section Repealed: Chapter 30, Article III — Erosion
9 and Sediment Control and Tree Protection; Appendix
10 D — Stormwater Management
11
12 Section Added: Appendix D — Erosion and
13 Stormwater Management
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Chapter 30, Article III, Erosion and Sediment Control and Tree Protection
19 and Appendix D, Stormwater Management are hereby repealed and a new Appendix D,
20 Erosion and Stormwater Management of the City Code is hereby reordained to read as
21 follows:
22
23 CHAPTER 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES
24
25 . . . .
26
27 ARTICLE 11�€ROSION AND SEDIMENT CONTROL ND�€€�TECTION
ZV' 7 EROSION '�L�RfTCT ��Ti'0'Tr
28
29 DIVISION 1. GENERALLY
V
30
31 .
32
33 The Gifii iI has -determined that the trees and the--Iands rnRdr—`v"PatcTo
34 GOMprising the watersheds of the Gity are great natural reseuFGes; that as a result of
35 qf lands by beth WiRds and water and sedimeRt depeSitieR iR waters within the
36
37 that fish, aqUatiG life, reGreatiOR and other uses of lands and waters are being adversely
38 ; that the rapid shift in Iand use frern agriGUIWFal to nonagriGU'Wral Uses ha
39
40 it is neGessary to establish and implement, through the department of planning,
41 I +�
42 land, water, air, tFees and etheF natural rese FGes ref the pity.
43
44 .
45
46 As used in this aFtiGIe, the fellowing words and terms shall have the MeaRiRqG
47
48
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101 eXGavat*Rg, transpOFt*Rg, arid filliRg of larld, eXGept that the term shall not
102
103
104 IandSGapmRg, repairs and maffiRteRaRGe work;
105 (2) lRdividual sePAGe Eer�ee�ie��
106
107
p I , sidewalk,
108 Tided the-Fari�sturrbiRgl aGt*Vity OS GenfiRed to the r rl street
crrr iu ��`J �� cvrrrrrTc.Zrcv�rrc-�a'r ,a�crc�z
109
110
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112 seo+io tank system;
113
114
115 +Rie;
116 ,
117
118
119 ,
120
121 image—erld—a irrhgat*eR; however,eyercr -this T GeptfE)R shall Rot apply to
122
123
124
125
126 s ,hceotieri R of seGtmeR 10.1 1 163
127
128
129
130 of terraGeS,terraee eutlets, Gh er-k a a s es bas+RS, dikes, PeRd s Rei
131 required tO GOMPIY with the Dam Safety AGt, ditGhes, Strip GrE)ppmRgq lister
132
133 �;
134 (9) Disturbed larld areas ef less thaR two theusarld five hundred (2,500) square
135 feet iR size,
136
137 ;
138 (!-!-)Shc)re!!Re erne"/ GORtr(� nrejeGtS on tid I waters r �TeR all of the rl
, rr' rGZ7T7lT..T..�.�'R�'�-TCmT.7�:J��1�t,�t��TCIR'Q7�PQTer�.�'' Q
139 disturbiRg
I
140 wet!ands board e# the City f Vit mRia geaGh th MaFiRe {7 so,hoes
�TTI.i eT�4�f.�ITTTCr— Ti QOTT—T e�VTQ'flTTl�-CeD�U'T'GG7
141
142 aSSOG*ated Iand that is disturbed outside ef this exempted area shall remamR
143
144 (1 2) ErnergenGy work to prc)teGt life, -limb or property and ernergenGy re. aifs
145 however,
146 erosion and sentiment nontrol and tree proteGtinn plan if the tiVity were not an
147 ernergenGy, then the land area disturbed shall be shaped and stabilized in
148 aGGGrdanGe with the requirements of the VESGP authority,
149
150 Natural ehapnel des'- ts means the utilizatien ef engineering analy-&�
151
152 GonveyanGe system for the purpose Of GFeating or reGreating a stream that GORVeYS itS
153 bankfull sterrR event woth6n Ots banks and allows larger flows te aGGess its bankfull be
154 and its fleedpla+R.
155
156 Q� er means the OWRer or ewners �nfr_the freehold of the premises er le er
157 ,
158 eXGGuter, trustee, lessee or other person, firm or Gerporation in GA-Rtrol of a p
159
160 Peak f gw rate rneaRS the FnaXmFnLJFn instantaneous flow ro a given n
161 .
162
163 Permit-issuing author4ty meaRS the—direrto_eoplanning or his de ig TeeS.
164
165 aGtivities us issued er the persen WhE) Gertifies that the approved erosion and Sediment
166 GeRtrol plan will be followed.
167
168
169 Onstallateen ef erGSieR and sediment Gentrols, at leaSt eRGe on every twe week peried-,
170 within 48 hours fell LAneff prodUGing sterm event, and at the GE)rnp'8tmE)R of the
171 Plrele/"t prier to the releU�e of any perfermanne bonds
..� prior w the �v a.n iy Nv��v���Dui wc. bonds.
172
173
Person means any indmvmdual, Partnership, firm, aSSeGiation, joint venture, publi-
174 ,
175 ,
176 gE)VeFRrnental bedy, inGluding a federal er state entity aS appliGable, any interstate bedy
177 or any other legal entity
178
179 Planning Depa4ment or Director of Plapn�Tg shall-alp inrli de any designees
180 made by the Director of Planning
181
182
Re&popsible land disturber means an individual holding a GUFFeRt reSPORSOh,,,.I-
183 land disturber GeFtifiGate or equivalent as determined by the state depaFtMeRt Of
184 GORServatien and FeGreatwen.
185
186 Runoff volume means the velurne of water that runs A the land developmen
187 prniert from a preSGribed sterm
188
189 State �vater-s means all waters OR the surfaGe and Under the ground wholly e
190 partially Within or berdering the Gernmenwe-alth er within its jurisdiGtion.
191
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485 pat Ural or man-made nhannelc if the nrantinec are designed to
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505
506 .
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508 (a) The faRRArig-departmeRt shall r -,moo.-e..-,-)a and sediment GeRtrel nl
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512 will propery perform the GGRservafiOR measures ...-luded mn the plan and w'll
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516
517 ferty five (45)-- days. The n^tine shall specify cbnh mnrlifiGatinnc terms and
518 Genditiens that wall permit approval ef the plarl. if RG aGtion is taken by the VESGP
519 autherity within the tome speGified above, the plan shall be deemed approved and
520 the person authorized to PFC)Geed with the preposed aGtixlifxl
521
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524 An approved plan may be Ghanged by the plaRRiRg department in the fellewing
525 naves.
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765 nature SUGh as, but not limited to, the GonStFUGtwen
^� +M
766 "Re-s�and natural gas pnip ;�ii� GeRStrUGt*GR of tl c GkE;, 4ghtc_nf_way, bridges,
767 ;
768 GORStFUGtffien prejeGtS;
769 ; and (v) water and sewer ImReS. Private subdivisien reads or streets shall RO
770 enncidered linear deVelnnment nreie Gtc
771
772 " GGagzed flooding"--meaRS smaller SGale fleedimng that ay GGGuioutside of
773
774 water from stermwater runoff, wNGh is likely tG Gause pFeperty darnage GF UR
775 +e�&-.
776
777 "
778 mun*Gvpal separate sterm sewer eutfall that dmSGharges fFern a single pipe with aR ORSO
779
780 GenVeyaRGe other than GmrGU'aF pope whmGR' i's aSSOGi-ated with a dramRage areas of more
781 ;
782
783 equivaleRt), with an outfall that doSGharges from a single pupe _a.n. Rss.�_e dmameter e
784 twelve (l 2) ORGhes or more or from its eq 3,Gharge from other thaR a GiFGU'ar
785 l,_ _SSC)Giated with a drainage -areas, ef two (2) aGres or more).
786
787 "
788 expiration net
C !Rduding, but not limited i ,
789 e E
,haRge T Pq__Pre-., udg-ate�_tnc�vGOIS, iRGreased Me'Rbte Fogg from onn„
790 dates withiR
791
792
793 the amount of surfaGe water the Size of the opeFath()R, or red-,--GP- the
794 Gananity of the fanility to nrntert human health nr the It
795
796 "
797 based en fluvial geornerph"G prE)GeSSeS tO GFeate, rehabilitate, restore, or stabilize an
798
799
800 fleedpla+r.
801
802 "
803 topography. it usually rnaoRtamRs a Gentinuous OF GeaSeRal flew during the year and
804
805 Ghannels GUGh as draiRage dffitGhes or swales shall Ret be Gensidered natural streams.,
806
807 eencirlered natural steams
808
809 'Wignnnint sourGe " rneaRS_p llp i ition_ Sa� ���meRt�1rogeen-,
810 , hand
mmmmmmmmmmmmmammmmmmamm � mammmmemmamamammmmammmm
37
4
� �� ��� � � �� �r � � � a �3 � � 0k � �
906
907
908 from those two areas
909
910 "
911 RegulatiORS, 9VAG25 870, as amended.
912
913 " means the fraGtion of total rainfall that will appear at-a.
914 GonyeyaR.Ge as r„noff
915
916 " meaRS that pertien Of pFeGipitation that is
917 .
918
919 "
920 flew dUFatiGR.
921
922 R,�nvolume" ecaS the �volume of water that rURS off the cite from a
923 nresorihed design storm
924
925 "
926 state permit,
927
928 ,and regulations.
929
930 "Site" meaRS the larld er water area where arly faGility er land disturbiRg aGtiv Titly,
931 phySiGally leGated Gr GondUGted, inGlLAdlRg adjaGeRt land used or Preserved
932 GeRneGtiE)R with the faGility or larld disturbing aGtivity. Areas GhanRelward ef mean le
933 water shall not be Gensidered part of a site,
934
935 Site h &ology" ears the movement of water nn or`rosS through onrl off the
cite determined by n iRGlu Linn but not ' limited to soil tines soil
936 .mamas--Qe�,. a�a�e�e�s-��;�T-r,��- ,,,��a--� --���„
937 permeability, yegetatT a GE)over seasonal water +�-_�u7lresaiop slopes, rl GGyerra�d
938 1
939
940 "Small
941
942
943 6 n land d*sturbanGe of equal to er greater than ene aGre, and less than five
944
945 aGre ef total land area that is Part Of a larger GeMMOR plaR of develepMeRt of
946 sale Of the larger GeMMOR plan wall ultimately disturb equal to or greater than
947
948 ,
949 hydrauliG
OF OFigiRal purpose ef the faGility. The State Board ma
,�,e1�,wur h he ot n�'950 ,eTvvivc— in a geReral permit o;a
951 stormwater diSGharge fFGM Gonstrur--tien aar--tiMties that disturb less than five
952 aGres where stormwater Gentrels are nOt Reeded based OR a "
953 daily load" that addresses the pellatant(s) -af—GRGerR-GfT
C) 0 (0 (0 (D (D (D (o (O (O (O (OCO (OCOCC Coco (D (O (D (OCO COCO (D (O (D Coco (D (O (O (O (D (D (D CD (D (O (D (D COCO (CCO (O (D c -n 7q3
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th
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c
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ri
c C
3 ED C
c
C)7 73
c -3
a
r
c I
t
c
73 3 M 0 -C
o
c
r
0
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D
PO
0
>
C
c I
73
c
3
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c) o
31
o o I
c
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c
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(3)
1002
1003 of three (3) years with a maximum ef two (2) GeRSeGutWe terms and three (3) ef whern
1004 shall have prefeSSOORal or edUGatleRal e" In GiVil engineering, land swPveyiRq-,
1005
1006 .
1007 The Gity attorney er his designee shall serve as legal GOunsel to the Stormwater
1008 Appeals Board and the departments of PubliG Werks and Planning shall be staff to t
1009 .
1010
1011 "
1012 that are Used te Genvey stermwater d'SGharge, either within or downstream ef the land
1013 distyrbiRq aGtmv4ty. This inGludes,.:
1014
1015 'Manmade
1016
1017 •
1018 2. "
1019
1020 "
1021 system that has been designed and GonStFUGted using natural Ghannel design
1022 ^wrnrvents. Rest Restered stermwatel! Gnnyeyanre systems include the main Channel
1023 .
1024
1025 "
1026 ef stermwater rUReff from areas where Iand disturbffiRg aGtivities (e.g., GleaFiRg, gradiw'
1027 ;
1028
1029
1030 IOGated.
1031
1032 "
1033 stermwater runoff and Ghanges the GharaGteFwStwGS of that runoff inGluding, but not
1034
1035
1036 "
1037 deSGr'b'ng methods fGF GeMply'Rg with the requirements Of SeGtion 1-6 of this
1038 Ore-.
1039
1040 "Stormwater Pollution Prevention Plan" m means a t deG �man��r�that�o
1041 prepared in aGGOrdanGe with good en-' m - , raGt*Ges and that identifies peten
1042 seurGes of pollutants that may reasonably be eXpeGted to affeGt the quality
1043 stermwater dffiSGharges from the GenstrUGtion site, and otheRvise meets the
1044
1045 implementation Of Gentrel measures, and shall AnGlude, but not be limited to the 'RG161S
1046 ,
1047 an approved stermwater management plan, and a pellutien preventiOR plan-,
1048
1049 " means the same as deflRed on SeGtien 1 .4 of the Subd*vm
1050
1051
1052 "Total maximum daily lead" or "T 4D " means the sum of the inTallo/���ai T�LRT-!7"T 'T'�L-7'TT �T"f�JQ7Ti-V�CrIV T
1053
1054 baGkground leadiRg and a margin of safety. TMDLS Gan be expressed in terms of eit
1055 mass per time, tOXiGity, or othp, measure. The TMDL pFeGess provides fe-r
1056 .
1057
1058 " means a website that
1059
1060
1061 Management AGt and aSSOGmated regulations.
1062
1063 "W rgi ,;a ctormwate, apag nT^G"OF'AG meaRs o ride 2.3 (§ 62 4_
1064 44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Cede of Virginia
1065
1066 "
1067
1068
1069 ^^^me,
1070
1071 "
1072 appreved by the State Board a#er September 13, 2011, that has been established by-a
1073 IGGality to manage the quality and quantity ef runoff resulting from land-disturbing
1074 aGfivities and shall inGkAde SUGh Items as IeGal erdinanGes, rules, permit requirement-&-,
1075
1076 ,
1077 -and evaluatieR Gonsistent with the requirements of this aFtiGle and aSSGGiated
1078 FegUlatbRS.
1079
1080 "
1081 means an autherity approved by the State Board afteF September 13, 2011, te eperate
1082 a Virginia Stermwater Management Pregram.
1083
1084
1085
1086
1087
1088
1089 9rdiRanGs`
1090
1091 B. When a VSMP permit is not required Pursuant te an exemption listed belew, all land
1092 disturbing aGt'V't'eS that di turb t�.A.fe theusand five hundred (2,500) square feet or
1093 more of land must ebtaiR a Land DistuFbing PeFmit 'R aGGOrdanGe with the
1094
1095 (Chapter 30),
1096
1097 G. A Chesapeake Bay PreseP�atiGrl AGt Land Disturbing AGtffiVdty shall Rot be required
1098 to obtain a general Permit, but well be required to obtain a Land Disturbing Permi
1099 and be sghieo+ to an erosion and sediment Gon+rnl plan Lons+sten+ with the
1100 of the Fresinn and SedameRt Control OrdinanGe, a stE)FTmqwate
1101 management plan as outlined under seGtion 1 6, the teGhR*Gal Griteria and
1102
1103 through 1.1 9 and 1-22 through 1.2 the ariano d ,r seetion 1-21 and
1104
1105 senteen 1.28
1106
1107 D. Single family resideRGeS separately built and disturbing less than one (l) aGre and
1108 that are part of a larger GGFFIFFIOR plan of development or sale, and Rot leGated OR the
1109 Chesapeake Rani PreservationArea, hall operate in a with the general
1110 permit required c\A/DDD h„mot shall Rot benlete a regis+rating
1111 stag
1112
1113
1114 exempt, unless ethepNise required by federal
1115
1116 4 Permeated-UFfTTeor deep mining nneratinnc and prejeGtS,_o nil and gas-
1117 operations and PFGjeGtS GGRdUGted under the provisions of Title 45.1 of the
1118 Cede of VO 0 ' ;
1119 2. Glear*ng of lands SpeGifiGally for agrmGU!tural purposes and the management,
1120 ,
1121 loveSteGk feedlet operations, or as additionally set forth by the State Beard On
1122 regulations,
1123 TerraEes, terraEe eLAtlets, G"eEk dams, desilting basins, dikes, ponds, diteq
1124 Strip Grepping, lister furrowing, Gontew GUltivatmRg, GORtOUF fLAFFGW'Rg, land
1125 drairlage, and land irFigatiGR; he-wever, this eXGept;en shall not apply to
1126 harvesting of forest GFOPS unless the area on which honmcting anal irc is
1127 reforested artifiGially or naturally OR aGGGrdaRGe with the provisions of Chapte
1128 11 /§ 10 1.1100 et seq.) of Title rvv 1 of the Cede of Virginia or is GeRve ted to
1129
1130
1131 3. SiRgle.fammly residenGes separately built and disturbing less than one aGFe and
1132 net part of a larger GOMMOR plan of development or sale, ORGIUdiRg additions OF
1133 mc)dmfoGat'ORS to existing single family detaGhed residential StFUGtUres, unle
1134 the land disturbanGe Is leGated in the Chesapeake Bay watershed. In the
1135 Chesapeake Bay watershed, single family residenGeS separately built and
1136 disturbing less than two thousand five hundred (2,500) square feet are exempt-,
1137 4. Land disturbing aGtovitues that disturb less than one aGre of land area, and Re
1138 pares of is larger GO Oman plan of dey nment o _spaIn eXo nt�Rareas
1139 designated by the City as subjeGt to the Chesapeake Bay Presepvatlen Area
1140 Designation and Management Regulations, where land disturbing aGtiVit
1141 less than two thn„sarld five hundred (2,500) square feet are evemnti
1142 ,
1143 6. AGtbV*t*eS Under a State or federal reGlamation program to return an abandened
1144 property to an agriGUItural OF open land use;
1145
1146 hydraUlaG GapaGity, or original GORStFUGt'en of the PFOjeGt. The paving of an
1147
1 148 ovis�n aSsnr`iated r♦itn es ,an shoulders shall bedeemi-reca—rva isms
I�TTJ 9� .7'�'aT�-
1149
1150
1151 the related work requires immediate autherizatieR te avoid
1152 endangerment to huMaR health or the eRViFE)RmeRt. IRS;G sit,,a+�?
1153 Admon'stratc)F shall be advased of the dosturbaRGe Within seven days ef
1154
1155 its ef subSeGtffiGR A. is required within thirty (30) days of GGMMeRGIPg
1156
1157
1158 .
1159
1160 A. No VSMP autherity permit shall be issued by the AdMiRistrater, URtil the fel!eW'Rg
1161
1162 here+R
1163
1164 1 . A plan review PaG-kage that *RGludes a general permit registration statement,
1165
1166 •
1167 hvowever—SUGh GORStFUGtoon must adhere to re `uir .tS of the nonera4
1168 permit; `1`"
1169
1170
1171
1172
1173 d
1174 4.h the development of property isproposed, as+#e plae or suhdi isiGR
1175
1176
1177
1178 B. No VSMP authority permit shall be Issued unto' ev.deRGe ef general permit Goverage
1179 s obtained, if .
1180
1181 G. No VSMP autherity permit shall be issued URtil the fees required te be pa�d
1182
1183 required pursuant to seGtROR 1 34 of this QrdmRaRGe has been aGGepted.
1184
1185
1186 FaGility MaiRteRan% Agreement is submitted and approved pursuant te seGt*GR 1
1187 28 of this QFdiRaRGo
1188
1189 E. No VSMP authority permit shall be issued unless and until the permit appliGatiorll
1190 and atteRdaRt Materials and supporting deGumeRtat'OR demonstrate that all land
1191
1192 aGGGrdoRg te the appreved PlaR.
1193
1194 F. NE) gradiRg, buildiRg er ether IOGal permit shall be issued for a prepeFty URIess a
1195 VSMP authority permit has beeR issued by the Administrator, URless SuGh aGtivity
1196 exempt.
1197
1198 G. Ne VSMP autherity permit shall be issued until aR onreemo„f�Lieu of
1199 .
1200
1201 .
1202
1203
1204
1205 rhreugh 1,T 19 and 1-gig" 1-27 of this Qrd;,;anGeto the entire :t
1206 plan of development or sale where appliGable, Gensider all sE)UFGes Of surfaGe FUPG#
1207
1208
1209 be—GORsidered—separate land--ditr#ing aGtiv+t-ies. °ppFeved ctnrm�q 4or
1210
1211 Rdividual parGels withiR th-At PI-A.R. throughout the develeprneRt life of the lots eveR.
1212 with subsequent ownefs,
1213
1214 The Stermwater Management PaR shall inGlude the following information:
1215
1216
1217
1218
1219 2. GGRtaGt iRfermation iRGlUding the name, address, and telephone number ef the
1220
1221 the property or preperties affeGted,
1222
1223 E s;
1224
1225
1226
1227
1228
1229 i The type of faGilitioc•
1230 ii. LeGation, inGlUding geograph G Geordinates expressed On U.S. Survey Feet
1231 and based en the Virginia tate I lane GeordiRate System, South Zene--.
1232
1233 and Lengitude;
1234 iii. °.reatrerd, measured in sgate,e feet and aGF
1235
1236
1237 •
1238
1239
1240 ef this QrdinaRGe;
1241 B. A map er maps ef the site that dep!GtS the topography of the site and
1242
1243 ,
1244 Existing c�L��S GUIyertc ditrhec wetlandS other water bed ec
„�� � , ;v�urrc�-cv,�nc��c a,-�rcra�crTc�--w-atc�--vva-,�cr,
1245 and #lee k
1246 Sall types, f�c�tt GOyer, and other vegetativeareas;
1247 v. Current Iand use inGluding existing StFUGtUres, reads, and IOGatieRS Of
1248 known ,,tili+ies and easement-,
1249 V. —SU1#Ecment inferma Tenter—adfe+n*Rg p „Ee'S to assess the*MpaG S Of
1250 star rrwater from the Site OR these narr,el&•
1251
1252 the smte
1253 vii. Proposed--QaridiRgS, reads, parking areas, utilities, FngWa+&r
1254 management fonilitieS;
1255
viii. Proposed land use with tabulation of the PeFGentage Of SUFfaGe aFea W) be-
1256 adapted to various uses, mduding but net limited to planRed IOGations of
1257 ,,tili+iec read and easemen+c•
/a�n n/v'+�, reads, I�,,.�cr-Bay
cCr�..rcrrrc:r,T�r } p
1258 fix. All—Chesapeake B?a reseniation Ar��eSigrnratiGRS of Re e,irr
1259 PreteGtien Areas, iRGludiRg variable width buffers;
1260
1261 AppeRdix G of the Virginia Be Gh City Code; and
1262 xi. Any other in ormatieR reasonably ReGessary for an evi Ii i tien of the
1263
1264
1265 B. If aR ()PeFatGF intends te meet the water quality er quantity requirements set forth �n
1266
1267 use ef eff site GOMplianGe eptions, where aPPIOGable, then a letter ef availability frGm
1268 the off site provider must be iRduded. Approved off site eptions must aGhieve the
1269
1270
1271 Virginia.
1272
1273 G. if an operator inteRds to meet the water quality and qUaRtit
1274
1275
1276 that the faGility meets the quaky and quantity teGhRiGal Griteria set fGrth iR seG#Gi4s
1277 1-10 through, 19 an _22 thFeugh 1r-27 e�+s-Ord d that SteFm,,,`^water
rrvcr rr-
1278
1279
1280 Ctormwater Management Fanility.
1281
1282
1283 URder Chapter 4 (§ 54.1 400 et seq.) of Title 54.1 ef the GGde ef VirgiRia shall be
1284
1285
1286 Cede of V*
1287
1288
1289 TeGOrded tO eRSUre reSPORsibility fern the Fnaint nGe of any rmwate
1290
pted from this requir t ,,ncier c�tinn I_� port t��s��apprp�prr�ate
12 91 Yam` -r"`1 er ee ,ate,-� r-� ,�� `^Yp p `"' arc
1292 aGGeSS to -SUGh faGilities for maintonanro insnontinn and nnrreGtiye aotinn
1293
1294 ce�Rev+ewefstermwater management pans.
1295
1296
1297
1298
1299 she dminis+rater shall determi�he GGMPleteReSS of a plan submittal
1300
1301
1302
1303 .
1304 2. The Admonestrater shall have an additiE)Ral SiXty (60) Galendar days from the
1305
1306 determina+inn of GOmrppllsteRess OS not matte within the time nrosoriho,l in
1307 subdiViSiGR 1.,
1308 shall have SiXty (60) GaleRdar days from the date of submiSS"OR tO review the
1309 plate
1310 3. The AdMiRistrater shall review any, plan that has been pre"*---
ly disappreyert
1311 .
1312 4.DuFiR0 the-review peried, the paw shall be app eveder- disapprE ed and the
1313 deG;S�era—GOMM lflOGated OR writing to the p, rsnn responsible fern the IIand
1314 disturbiRgaGti"ity o; his deSig at d agent If the plan is net appreved, the
1315 tiaSeRS for not apprn"inn the plan shall he provided in writing approval nr
1316 den4 sha be based OR the plaR'S
1317
1318
1319 a takei.en ",*thin the tomeprovided abeve in sub �ViS�OnT;the pl�mhal�c
1320 deemed approved.
1321
1322 ethep ffise in WFitinrr by the applicant
1323
1324 B. Appreyed stermwater plans may he modified as#nll��
1325
1326
1327 end after FeVleW and writteR appreval by the AdMiRistrator. The dMinistrater
1328 shall have SiXty (60) GaleRdar days te FeSpeRd OR WFitiRg either 9
1329 disappFeViRg SUGh request.
1330
1331
1332 defioienries neted dUFinn incpen+ion
1333
1334
1335 peFMaRent stermwater maRagemeRt faGilities and stermwateF GGRveyanGe systerns.
1336
1337
1338 reGGFded mointenonGe agreements are net required purc,,ont to sention ' -28 Drier
1339 to th��ease of the surety and final appreval of the faGility by the City a
1340
1341
1342 the Adrn'nistrater. The GE)RStFUGt'en FeGerd drawing shall be apprepriately sealed
1343 and Signed by a prefeSSiORal registered OR the COMMORwealth of Virginia, GertifijiAg
1344
1345 have been GonstrUGted in aGGerdanGe with the appFeved plan.
1346
1347 .
1348
1349 PP) as notrequired to he submitted
1350
1351 PeRnitand Willreviewed during gip-eGfie s. SFe6fiEGE)MpeneRtS of thee
1352 SWPPas required by SeGtffiO; 1.6 , ,ill he reviewed
1353 ',,+;�
1354 g� rmn�e—Ster water Pe"LAfie Preyentien Plan (SVVPDD) shall inrli de to the rn
1355
1356
1357 prevention plan fer regulated land disturbing aGtwvot*es and a deSGr*pt"E)R Of an
1358
1359
1360 C. The SWPPP MUSt alSO GGMPIY with the requirements and general infermation set
1361
1362 the general permit
1363
1364
1365
1366
1367 SW^PP.
1368
1369
1370 '
1371 the main entraeee—at tie—GenstrUGtmeR site. Operaters shall make the SVVPPP
1372 avallable for pLAbl*G review in aGGerdanGe with SeGteE)R " of the general permit, either
1373 eleGtreRiGaily or in hard G9py.
1374
1375 .
1376
1377
1378 mplemented, and updated as neGeSSaFy and must detail the design, installation,
1379
1380 r . I mizete 6SGharge—e# PG"UtaRtS. At a minimum, yes must be
1381 designed, installed, implemented, and maintained to:
1382
1383
1384 wheel wash water, and other wash waters. Wash waters must be treated in -a
car♦ tornotiVe control that provides ,,,ern t or hnt4
5 ��aF� a-s�--���I eq�oalera�--�,--p��er
1386 treatment prior to rdicGhorno•
1387
1388 wastes, trash, landSGa e mator4s, fertilizers, pe:tiEides, herbiGides,
1389 detergents, waste, and eth�Raterials preseRt OR the site
1390
1391 3. MiRirnize the diSGhar-ge ef pollutants from spills and leaks and
1392 .
1393
1394 B. The pe"LAtOOR prevention plaR shall indude effeGtive best management praGtiGes to
1395 prehibit the following diSGharges:
1396
1397 1. Wastewater from washout Of GGRGrete, unless maRaged by aR apprepriate
1398 EeRtrel;
1399 2. Wastewater from washeut and Gleanout C)f StUGGe, paint, form release ei[ss-1
1400
1401
1402 mainteRaRGe; and
1403 4. coons or solvents used in „shims anrd on„iomont washing.
1404
1405
1406
1407
1408
1409 aet+wt+es.
1410
1411 E,XGept-as gFan€a1#ered—in aGGE)FdaRGe with the nrnVS,GRS of setr,eR1-
1412
1413 disturbiRg aGtiVitieS that shall be employed to PrOteGt the quality and quaRtity of state
1414
water from the peteRtial harm ef unmanaged SteFMWateF FUROff resulting from Iand-
1415 .
1416
1417 Sec. 1-11. Water quality design criteria
1418
1419 Ao in eFder to preteGt the quality of state waters and tO Gentrel the diSGharge of
1420
1421 GFiteria and statewide standards for stermwater rnaRagement shall be applied to thee
1422 si#-
1423
1424
1425 shall Rot eXGeed 0.41 pounds peracre per ear,as EaI,GU;ated pursuant e
1426 continn 1.12
1427
1428 2. DevelopmeRt on prier developed Iands.
1429
1430 a. FeF land-disturbing aGtivwtwes disturbing greater than er equal to ene aGre
1431 that resultsin no net r er fFem the
1432 predevelopment Gendition, the total phospherus lead shall be reduGed at
1 433 least twenty (0pre n+ total phosphorus
1434 / Y q i�
1435 b. For regulated land-disturbing aGtmVitmes disturbing less than one aGFe that
1436 malt an nGrea� in m the nredeyelogmen+
1437 GGRditiOR, the tetal phespherus lead shall be redUGed at least 10-OA
1438
1439
Gm Fer land disturbing aGt*VmtoeS that result in a net inGFeaSe in imper2vious-
1440 GOVeF ever the predevelopment Genditien, the design GFiteFma for new
1441 development shale applied to the �Sed-��p^egc� rivaa�area,
1442 applsturbanGe, the GFiterma of ied ..subdivisions .
1443 ,above, sell be applied remainder of the cite
1444
1445 projeGt OGGUFr*Rg en prier developed lands shall be redUGed twenty (20)
1446 perGent below the predevelopment tetal phospherus lead.
1447 e. The total phosphorus lead shall not be required to be reduGed to below the
1448 agglirahle standard n development unless a—more trigg stringent
1449 ``
1450
1451 .
1452
1453 A. GemplmaRGe with the Water qUality deSmgR GFiteria set out on seGtions A.!. and A.2. of
1454 seGtwen 1 11 shall be determined by UtmlmZmRg the VmFgmRma Runoff RedUGt*GR Method
1455 eF aRether equivalent methodology that is approved by the State Water GeRtFGI
1456 Beams
1457
1458 B. The BMPs laste`l� On--�rvACQ2Fi-270- F R are annrnvor♦ for use aJ RcF.escvuY'r to
1459
1460
1461 Stermwater RMD leaingheyse oA/ebpsite may also be utilized. sign
1462 "`"
1463 found en the VirgiRO Stermwater BMP GleaFmRghouse Website.
1464
1465 G. Hewever, where a s'te draffins to mere than One HUG, the pellutant lead reduc;tm
1466 shall be applied independently Within eaGGh HUG unless redUGtmE)R
1467
1468 '
1469 Basin boURdary shall be used OR lieu of the HUG beundaries for pellutant lead
1470 redUGtiGR Ga'GU!at*ons eXGept in the Lower SoutheM Rivers drainage basin �.A.�here
1471 .
1472
1473
1474 to moot the .design Griteria of s,,hsertiog A. of sorting 1_11
1475
1476 Sec;. 1-13. Water quantity.
1477
1478 A. Channel preteGt*E)R, flood PFGteGtiOR, deSigR storm, and GheGk StE)FFn GFiteria shall be
1479 .
1480
1481 B. GhaRRel nro+eEt*E)e_Gonncen�t rmwa+er flow shall be released _nto a
1482
1483 of thms subseGtion, #emsappliGable, from the point of disL#argo +moo limits e
1484 apalvsis defined in s,,h.di"iSien 4 of this si,hsertOOR
1485
1 486 Mapmade s+errnwater non RGe systems.Wh.eR sterrnwater fr 'rrn a
1487 devet encniis diSGhargedrrnwateF "ovvnno system
1488
1489
1490 ;a. The manmade stermwator GenveyanGe systernknell GeRy he
1491 postdeveleprnent peak flew rate frern the Me year 24-heur sterm e
1492 wi+htUt_Ga sing Sinn of the systto.Petentinn of steF.Mwat�oFte _er
1493 downstream improvements may be the ap,_
1494 disturbing anti"ity to meet ' FS rritorin� of the rlisrretinn of the VCAAD
c �rrn�-ar�crrczrrrcr
1495 ; or
1496 Abe peak diSGha.ge e erneRtS for GonGeRtrated stermwater flow to
1497
1498 g-hau he met.
1499
2 tered s rmwater nonvevan ,s+ s When storrnwater from a
1500 �eetvrcrcr�t�lrrri v v�Ctccr—vc�mc�cxrrEe---S�*orefnv. rrvTrr—u
1501
1502
1503 aGti„it„ either;
1504
1505 a The de"elopmeRt shall be eepS�isttennt on romhina th_vntthe-rr
1506 Ste natter r,,nnff, with the design parameters of the ressttered stnrmwator
1507 eefveyaRGe system that fTpTTGti^niRg in annnrrlonGe with the deSi^n
1508 ohienti"es• or
1509 h The peak dmSGharge r.%,.,,emeRtS fer nennentraterl stermwater flew to
1510
1511 Shan he met.
1512
1513 3. Natural te{-m�tevGnan„e„anoe systems. When stnvrmwater from a
1514 develepmeRtsehefg d to a natural stermwateF G(Dn eyaRGe system, �h,�e,
1515 ppeak flew rate from the one-year 24 hew sterm fellewing the land
1516 3GtiVity shall be GaIGUlated either:
1517
1518 a. in aGGOrdanGe with the following rnethedelegy�
1519 Q-Developed-s { Pr Developed"R�o,-.D .,.[.�} PW-Beveleped
1520 ono�ehe greater than (1 Rfe_Bevelep� shall
1521 Q-9eveleped-be reg0red to he less thaR that GaIGUlated in the equation in
1522 Fof 2s l�€erpst- } LDe•-�.eloped;mere
1523 I.F. (I p�ivPement FaGtor)-equals 0.8 fer sites > 1 acre er 0.9 for sites f 1
1524 rife.
1525 O-Beveleped- The allewable peak flow Fate Of rUROff from the developed site.
1526 l �Beveleped—=-The velume ef runeff from the site in the deyeleperJ
1527 seRditien.
1528 Q-Rfe-Developed =The site jp the e-
1529 .
1530 RV-Rre-Developed The volume site in pre dev'eelepec
1531
1532 Q- - .
1533 RV-€ the VE)ILArne of runoff from the site in a forested GenditiGR; G
-
1534 b. in aGGOrdanGe with aRether methedelegy that is dernlenstrated by the City
1535 to aGhmeve eqU'ValeRt results and is approved by the State Board,
1536
1537 4. Limits Of en,alysiS. I I-�? ;bdi"iSinn 3 of this c�jeGtinn� zed to she P
1538 GE)mplianne with the Gh_onne�� prnoieGtinn nriterio stermwater GenveyanGe
1539
1 540 point where either:
1541
1542 a. Based OR Iand area, the site'S nnntrih,itinn dFainene area is less than or
1543 equal to 'I 00, of the total watershed area or where the Gity merlel is used;
1544 er
1545 bBased OR peak fln,et�the site peak flog, rate fForn the one .ea—r
1546equal to
r ° of the eX*StaRg Pe
1547 floes/--rate from theGRe ye�eRt /� o trhl�
1548 aRtit measures.
1549
1550 G. Fleed PFGteGtmE)n. GenGeRtrated stermwater flew shall be released Onto a stermw
1551 GGRveyaRGe system and shall meet the following GFiteria as dernonStFated by use of
1552
1553 systern must be demonstrated for all the fellowipqL
1554
1555 1. GenEentr stermwater flow to stermwater GC)R eyaRGe_sysit`emT that
1556 r
1557 how storm eVeRt: The PaR ef�d;SGh arge releases St eter iRto a
1558 sierra water n eyan term +��fellowing the d-d isturhine anti�iity
�., �E��+1ao�r C-2--ems v a�
1559 GenfiRes--the pest development eak flow rate from the teen—year twenty-four
1 560 near sterm eveRt witNn the stnrMWater nonyey nGe- sy teF�' . Det +inn of
1561 "7
1562
1563 VSMP authority.
1564 2. GenGeRtrated stermwateFlO -te stermwater systems that
1565 GlrreRtly- e.'t-er------ leeal+zed #leed+Rg during the ten-year tw ,,r_h
1566 storm e�t. The peint of disrharne either:
1567
1568 a GGRfines the pest-developmeRt peak flee, rate from the ten year t
1569
1570 the lesalized—f eedi�9 Detention efsormwate:er etrea
1571 ements may be the approved land-disturbing
1572 antivity to meet this nriterion at the disnretien of the VSMP authority; or
1573
b. Releases a post develepment peak flew rate for the teR year twenty-four-
1574 hour stern event that ss less than the predeveleprnent peak flog^, rate from
1 575 the eR_year twontv_feur_hour storm event. Downstream stermwoter
1576 Gen„e„anGe systems �'� require, sis to show
1577 GeMplianGe with flood proteGt49R Gr4eria of this option is utilized.
1578 8.Lornits of analysis Unless subdivision Hof this s,,hseEtion is utilized to
1579
1580
1581
1582 a. The-it ' ,al to 1.00% of the
1583 total watershed area draining to a point ef analysis in the downstream
1584 stermwater G nGe�Tr
1585 b. Based OR peaky flow rate, s4e'sr peak flew—rate frefn the ten-year
1586 ° of
1587
peak flew rate frern the ten year tWeRty-feUr-heur sl, rder to the-
1588
1589 G. stermwafeF GenVeya ,Ge system manned fl, odplain er ether
1590
1591
1592
1593 Flood PreteGtien above, GenGeRtrated stormwater flow shall be released intO a
1594
1595
1596 iRGre-ases the 6mpervious -area by more thaR tWeRty theusand (20,000) square feet
1597 the fellewang shall be met:
1598
1599 1.Us e EPA S W Po M or value enhaRGed SWMM programst�tGa; d i rec4
1600 eXGhange input data with EPA SWMM fer hydrauliG GaIGUlations; and,
1601
1602 adequaGy of the dewnstream system,
1603
1604 E. I�aGreased velumes of sheet flew resultiRg from pervious O _diSGORRcGted
1605 . . prvieus areas, or from phySiGal spreading Of GenGeRtrated flow thFough level
1606 spreaders, must be identified and evaluated for potential ampaGtS OR down-gra
1607 Preperties or resouFGes. InGreas dvelurnes of sheet flow that Well—Ga e or
1608
1609
1610
1611
1612
1613 F. For purposes ef GOmputing predevelopment FUReff, all pervious Iands on the site
1614 shall be assumed to be in geed hydrOlOgiG Gendition OR aGGOrdanGe with the 1
1615 Department of AgriGUltyre's
1616 standards, regardless- Of eeRdifions—Ming at the time—sf GOMputatien
1617
1618 utilized previded that it is demonstrated tO and approved by the VSMP authofity
1619 that aGtual site Gonditions warrant SUGh GORsideratoORS.
1620
1621
1622 shall be verified by Site topegraphiG suNeys, available sod! mapping 0
1623
1624
1625 Stermwater E3MP Clearinghouse website shall be GORSidered apprepriate pFaGtiGeS.
1626
1627 .
1628
1629 A. Off6ite ^mmplian�{jOjhat the may allow an operator to use to moot
1630 h �
1631
1632 1 Off6i;eGentrels- utilized T„ aGGGpdaRGe with a GernpreheRsive ctermwate
1633
1634
1635
1636 15.2 2243 of the Cede of Virginia OF similar IE)Ga' fYRdinn merhnnicm•
1637
1638 of the Cede Of VirgiRia�,
On" ether annrey an annliGahle cute enn" nr cute
1639 4. +fie-e��+e�s�� -�,-r-�,T���u�a�
1640 beams and
1641 5. WheR aR operator has additiGRal properties available 4thffiR the same HUG e
1642
1 643 the same as determiRed by the Gity, offsite ctermw Ater
1644
1645
1646
1647
1648
1649 s,,hsentinn A of this section Under an" of the fellewinn renditieno-r
1650
1651 1 . Less than five (5) anres of lend will he disturbed;
1652
1653 pounds peF yeaF;
1 654 ,3. At least seVent„_five (75) neFGept e�f the required e.�phosphorus ni�t�rt
1655 redUGtiv��re-aachievedca--^eR Sine I� least SeVe`1Rtyfiye (75'5) PeFGen�he
1656 required Teet;edUc-t+e S Ganne"t"`Jhe Met OR-Site, and the
1657 enerat ons�ate to the co 'cfac}inn of the City that /i\ alternative site-
pia-cer� ems,-,� �-��,
1658 deSigRS have ye b eR GC)Rsiclerecl that may-- n date nn-site hest
�,�,, i�'E'vf�+'r�e'cran. vri-anc—vac
1659 ,maaRagemeRt-pra�ecv (ii) OR sate bestr-MaTRagemeRt-praGt+Ee$ h-A„e heen
1660
1661 appropriate eR site best manageMeRt praGtiGeS will be impleMeRted, and (IV)
1662
1663 re . irer er tS GaRRGt praetiEably be Met�„e,theR the required phosphorus
1664
1665 site GemnliaRGe options
1666
1667
1668 atleweb:
1669
1670
1671 prier +e the normi-rrmrTenGemente# the operator's •cturhing_aa,Gti„it" in the
1672
1673
1674 in an amount s„#ioient for each phase
1675 In I water alit"_hased limitations at the point of
�c�,--w-air—��--�a� �,,,,�,��„��m
1676 disnharge that are (i) Gonsisten+ with �Zdetermina+ions made pursuant to
���r- acc�TmTr runvrTc� Two
1677 s,,hseEtion R of § 67 1_44 19:7 of the ed�f/irginia /ii\ nentained in a
�QlTJ T'TOT-aTZT"IC� �
1678 ,m„nir parate storm sewer system (MSS) program plan anncpptred by
1679 .
1680 3. Within the CeutherRRovers aershed, the eXGhange Of inerits within an area
1681
1682
1683 F mpaired waters in aGGOrdanGe with the Virginia State Water Gentrol BE)
1684
1685
1686
1687 2. of s,,hsertien A of this seotinn may he ,,tili�ed
1688
1689 pia aGGOrdanGe with § /y�y y� o e Gede of Virginia nutrient Gred� used
�'-r• ' vcr�aT�r Tura—rrum�crrc-cr ��ca
1690 pursuant to subseGtion A. shall be generated in the same or adjaGent eight-digi
1691
1692 permitted site eXGept as ethepwise limited in subseGtien G. Islutrient Gredits Outside
1693 the same er adjaGeRt eight-digit hydr-olegiG unit Gode may only be used if it is
1694
1695 effight digit hydF9legdG unit Gede i.yhe—n the DireGter aGGepts the final site design. in
1696 s,,Gh oases an�hient to other—llimitations imposed in this s tiop GFed+s
1697 avahlable woth"n the same tributary may be used. in ne Gase shall Gredits from
1698 aRether tributaFy be u&e4-.
1699
1700 Ser.. 1-15. Design storms and hydrologiG methods.
1701
1702 A. Unless othepNise speGified, the pFeSGribed design storms are ene hundred tweRty
1703 (120) PeFeent of the one-year, _„� ten-year, we�year, fifty-year
1704 7
1705
1706 /(N(DA ) Atlas 14, Veli ime 2 Version 3.0. Partial di iratign time series as se
1707 the City of Virginia BeaGh PubliG %Nerks De-sigln Standards Manual, shall be used fe
1708 .
1709
1710 B. Unless ethepNise SpeGified, all hydFeleg*G analyses shall be based en the existing
1711 watershed and how the ultimate development GORdition of the
1712 s,,hieGt proient will he addressed
1713 T� U.S. ^
1714 C. he Department of gFiG iltiae' Natural Reso,Irees Conservation Cen,ire
1715 (NRCS) synthefiG twenty four hour rainfall distribution and models, OnGluding, bu
1716
1717 the U.S. GOrPSr Of-F=Rg*Reer other standard hydFE)lr`nin arld hydFaUlin
1718 methods, shall-be used tO GendUGt the aRalysesBSc-rib�ea iR this part.
1719 Predeveloped vs. post-developed FURC)ff GG hall be performed USiRg the
1720 same method of analysis
1721
1722
1723 (2n��00) square feet Of ReW i area, the hydrnIngiG methods im the
1724
1725 er value eXGhaRged SWMM programs that Gan diFeGtly eXGhaRge iRpUt data with
1726
1727
1728
1729 areas less thaR three hUrldred (300) aGres, a teR year, tWeRty feur-hour deSigR
1730
1731 greater itFArl three hUrldred E30 aGreS, h„�T`sTthan fide hundred /�-aures_e
1732 ;
1733 areas equal fe-er greatert#ar e-r,fiv h� URdFea (500) aGFeS a fifty yea�P fn„r
1734 hour design storm eVent shall he used.
1735
1736 Ses1=16. Ster mwatnr ha. westing.
1737
1738 I-aG GdCdanne with § 62.1-44.15:2-8 of Gede ef Virgirlia, stormwater
1739
1740 preteGtOOR systems, flushiRg water GIGSetS and urinals, and other water handlip'g
1741 systems to the extent systems are GeRSiSteRt with federal, state arld City
1742 FegUlatiGRS.
1743
1744 1-17. development pre}erts.
1745
1746
1747
1748 watershed stormwater maRageMeRt plarl developed OR aGGGrdaRGe with these teGhRiGa4
1749 Griteria.
1750
1751 .
1752
1753
1754
1 755 _gii ieerred-#vStFUGtUral--iR#eg y for the 100 year term event,
1756
1757 dec^a. 1-19. vr^vmprr-ehepsiert rmwater management
1758
1759 The G;+maw devetep GOMpreheRSiVe stormwater management nlaRS to—be
1760 approved by DEQ that meet the water quality objedives, qUaRtity ebjeGtiVeS, er both of
1761 this Ghanter.
1762
1763 1 SLIGh plaRS shall eRSUFe that effsite redUGtiORS equal to or greater thaR these
1764 that weuld be required OR eaGh GeRtributing site are aGhieved within the same
1765 HUG or within enotherleGally designated watershed. Pertaining to ��iater
r-rv-v--vr—vr,�vcr-r Try--a-c�rcJ.T-,�Tca--vYa-ccr�r-rcc�r�. �-r
1766
1767 Of GhaReel icy-�mpre ernenIt, storm eiater-tee tee;,er ether measures that
1768 satisfaGtGFY te the IOGality's
1769 flooding.
1770
1771 ether aamendrnentc y Innolity�s VC�AD
are-deer�ed--r�eEeesa� b� ,T�� �TOTr—authGrit3r-;
1772
1773 approval.
1774 3 c'u FiRg the plar'S rn piC`Mentation the IOGality's \/MPauthority shal�QeuirneRi
1775 p,,trient redUGtinnc anrredited to the BMPS Spenified in the plan
1776 4. State a d federal ageneies may d� p nompreheRS*Ve storm�,wattee
-� TCtCi�TC��G�fQr-`^yLTf
1777
1778 stermwater maRageFneRt plaRS where nrantinahIe pe
rmitted ermitted by the
1779 `"'"" Y
1780
1781
1782
1783
1784 and shall Rot be subjed, to the tec-bTT,eal Grite,is of seGtiORs -1 n through 1 19 of
1785
1786 1 27 of this QFdiRaRGe provided:
1787 {�� tl
+ I
1788 Ali— vFfei-��i eeal ZE)niinn plaR, Z—-nine leiith a plan of de elepFAert,
1789 pre"MiRary er final subdiViSieR plat er a preliminary er final Sate PlaR E)F any
1790 dE)GUMeRt determined by the City te be eqUiValeRt thereto was (0) appreved by
1791
1792 1 n�Wl GeFnply with sesi;GRS 1-22 threugh 1 27 of this anal (i„)
1793 has net beeR subsequeRtly
1 794 i,;c ease i��. the araeURt of phespherus leaViRg each neint of diSn area apA
1795 that there is no IRIGrease OR the ff;
1796state permit has —t bee- issued prier to july 1, 22014;
1797 .
1798
1799 B. LOGal, state and federal projeGtS shall be GORsideFed grandfathered and shall be
1800 subject e the tee#aiEa; Griteria of seGt+eRS 1 22 t#r�",;-27 of this nrdinaRGe
1801 preuided:
1802
1803 1 m here T ties of l GalT state ov.r federal fLjRdiRg, OR whole or in
1804 part, prier to I„Iy 1 2012, or the denartmeRtt has appFe Ped a stormwat�
1805 martageMeRt ptaR prior , 2012;
1806 2m A state permit has Rot eeR issued I,,l„ 1, 2014; and
1807 3 Land-d+sturbaRGe did„t Ge er to I,,l„ 1, 201¢
1808
1809
1810
1811
1812
1813 teGhniGal Griteria adopted by the State Beard,
1814
1815 D. in Gases where gevernmental bending or p6ibliGdebt finanGiRg has been issued for
1816
1817 ren„ireme its of seGtions 1.22 through 1.27 of this Qr`•linanne
1818
1819 E. Land-disturbing aGtmV*t*eS that obtain an initial state permit eF GE)MmenGe !a
1820 disterbae to I„I„ 1 2014 shall- e GendUGted on aGGOrda nGowithr-thee
1821 techRFcal Griteria found OR seGtiees 1-22 through -27 of this Ordinanro. SUGh
1822 1 jaGtS shall remain subjeGt te these teGhniGal GFiteria fer two (2) additional state
1823
1824 pcGOMe sLAbjeGt to any new tonhninol nritoria adopted by the State Beard
1825
1826 F. Land disturbing aGtiVities that ebtaiR an initial state permit on or after july 1, 2014
1827
1828
1829 remain subjeGt tO these teGhniGal GriteFia fbF tWG (2) additional state permit Gy
1830
1831 to any new teGhniGal GFiteria adopted by the State Beard,
1832
1833 SesT' 1. Var,,an es
1834
1835
1836 1(11 through 1 14; and 16 though 1.19; and 1.22 through
1 27 prevideil�t:
1837
1838 1 The v-aFinan�#Eie minimum neoesssrto aftrd ref_
1839
1840 4Gt the Regulations, and this I Fdinanne are presepyed;
1841 3m Granting the varmanGe Will REA GeRfer any speGial privileges that are denled
1842 other similar nirnumstaRGes•
1843 4.Vari'a-;Fie—requests ^n r`onditinnc nr nirni imstanres that are
1844 self-imposed or self nreated;
1845 5. The varlanGe will not substantially inGrease the flow rate ef stermwater runoff--,
1846
1847 bedy eF upstream or dewnstream of a reGeiving body of wateF;
1848
1849 8. The variance willT net be of substantial detriment to adjaoent nrenert., or
1850 adversely affeGt the GharaGter of adjoining neighberheed-&--,
1851
1852 reo,,irem .ts of this Orrlinanne•
1853
1854 VSMP aautherit„ permit shall be by the Administrator, nor shall the
1855 Administrator approve the use ef a BMP not found on the VmFgiRia Stermwater
1856
1857 b the Department of ERVirenmental Quality a
1858 11 . No varmaRGe te requirements for phesphorus redUGtiens shall be allowed unless
1859 vnsote--vptiona ethep.A *.--peirmmmed nursuarRt te- 9VAG225 870-6 have boon
1860
1861
1862 B. The Admonistrator may grant varmanGes to the City requirements ef th.s QFdiRaRGe-,
1863 previded that
1864
1865 1 The—varmanGds not involve,^yrequirereRtS ;MpE)Sed under the State
1866 Gede or RegulatieRS; and
1867 2. Reasenable and appropriate Gonditions may be imposed se that the intent of
1868 the Ant the Reg„la+ien and this are preserved,
1869
1870
1871 stringent s+andarid at their 6snretinn
1872
1873
1874
1875 The—felleWiRg seGtions 1 22 through 1_`,_7 Spenifi�e teE hnriGTGri+er�e.r
1876 regulated land disturbing aGtiVitieS that are not subjeGt te the teGhniGal Griteria ef
1877 seGtinns 1.1 0 through 1.1 n
1878
1879 Ses. 1-223.QeneraL
1880
1881
1882 land-disturbing aGtiVitieS shall be measured at eaGh POORt of disGharge from the land
1883
1884 watershed that alSO Gentributes W that peint Of diSGharge.
1885
1886 B. The Spedfied design storms shall be defined as a tweRty foUF-hOUF StOFFn using the
1887 PJ+..b Type "C tw .,e„r, twent _fiye_year rainfall dis+ri n
1888 reG6mmend d by the U.S.I D n�eRt g�ggTr�GU1+„� Natural Res�TGe-s
1889 when using NRGS methods or as the SterFn Of GFitiGal
1890 daratiOR that pFedU es the greatest-required +erage „g1,,me at the site.
1891
1892 G. Fer purposes Of GeMpUtiRg runeff, all pervieus lands in the site shall be assum
1893 prior to development to be in good Gendition (if the Iands are pastures, lawns, 0
1894 parks), with good GOVer (of the lands are woods), er with Gonsepvation treatrRePA-(4
1895 the lands areGaltivated); regardless Of Gendit1e;s existing at thetime of
1896
1897
1898
1899
1900 of all nenessani permits shall he presented
1901
1902 Imps„piling str,�nt„res that are net GOveFed by this Impo„nding tFuGt„re
E. r,r,Nvur�arrry�irucza-rco—ZrTu�art��o�r— ��,—Cn�. �-o-carc
1903
1904 100 year storm event.
1905
1906 F. Predevelopment and pestdeveloprneRt FUReff rates shall be verified by Ga'Gulat*GPG
1907 that are Consistent with good engineering prantines
1908
1909
1910 shall be rdisghargerd +o an ardeg,into channel
1911
1912 H. Propesed residential, GOFnMerGmal eF industrial subdiviSweRs shall apply these
1913
1914 n new subdevoshens shall net be G-ellsidered separate land disturbing aGtmVmtffieS, but
1915 rather the entore subdmVmSOC)R shall be GORsidered a Single land develepm Rt
1916 HydrelogmG parameters shall Fef'eGt the ultimate land disturbaRGe shall be use d "I. all
1917 .
1918
1919 1. All that
a
h
1920 plan at-emidentifiesthe and the rosnnnsihlo party ferGarniinn ni it the-
1921 incnegtinn and main+enange plan
1922
1923
1924
1925 ided te the eXteRt peeeihle.When is 'is unaveidableall stermwater
1926 management faGility GenStrLIGtOE)R shall be in GemplmanGe with all appliGable
1927 .
1928
1929 K. Natural GhaRRel GharaGterOE;t*GS shall be pFeserved to the maximum extent
1930
1931
1932
1933 .
1934
1935 M. Peed GGRtrel and stermwater management faGilities that drain er treat water fr
1936
1937 allowed in reseuFGe preteGtoen areas defined in the Ghesapeake Bay PreservatieR
1938
1939
1940 gE)VeFRFneRt has GORGIusively established that the IeGation of the faGility within the
1941 resource pFeteEtiee-area-is the optimum size of toefac' i+„ ism
1942
1943 both; (iii) the facility must he ro�eRt with a gomprehensiye stermwater
rn7'[r'r,-Trrr��rr�. ��. �v v�-m -r r-,�.rrvrrrrcrcrccr
1944 Management plaR developed and approved OR aGGerdanGe with SeGtmon 1 19 Or with
1945 aVVt7tWr—that
has been r-apprevedto li ily 9 2012, by the board, the
1946 Chesapeake Bay LeEal Ass tanGe Board prior to its abolishment on Iuly 9 20
1947 er the Beard ^efGonserv,a' -And Qe� a+i„n• (i„) -all apliGable permits fe
1948 GGRStrUGfieR in state or federal waters must be obtained frem the appropriate state
1949 and federal ager}G*es, eUGh as the U.S. Army ergs e#-€ngineers, the Virginia
1950 D epartMerte# En�nental Quality, and the Virginia--Marine —ReseurEes
1951 ;
1952 ;
1953 fadlities te assure that they GentffiRLAe tO fLJRGtoeR as designed. It is ROt the intent Of
1954 thms subdiViSiGR to allow a best management praGtiGe that GEAeGts and tFeats ruRe
1955
1956 preteGtien area.
1957
1958 $e 1-2 . Water quality.
1959
1960 A. GernpliaRGG with the water qualit_GFiT may be aGhiev applying thee
1961 to
1962 planRiRg aFea.
1963 1964 B aRG Sed rriterio Ger land disturbing aGtmVmtfeSthe GalGUlate�
1965
1966 Ga4culated piedevelopmeRt lead based upon the average Iand GE)Ver GenditieR er
1967
1968 aGhieve the target pollutant FeMeVal effiGmeRGies spe6fied iR Table 1 ef this SeGtieR
1969 tW eeffeEti�i�TedUGthe pellutant lead to the required level based i,nnn the
1970
1971
1972
1973
1974
1975
the prepesed impreveMeRtS Will Greate a total perGeRt i ,!ever that s-
1976 less thaR the average land GeveF GeRditieR.
1977 RegUiFeMen Ted Gtinn in the after dicta irbaRGe nollutaRt—d+SGharg�s
1978 required.
1979
1980 rr erg ens is less thaR or egal te the average Iand GC)Ver GORditinn and
1981
1982
1983
1984 existing pe!!Ljtant diSGharge based OR the average land GE)veF Gend
1985
1986 .
1987
1988 pollutant diSGharge based OR existing Genditions less 10% er (00) the pollutant
1989 d cohorne based en the average land Gever nonditinn whichever is nreotnr
1990
1991
1992
1993
1994
1995 while served by the existing BNAP—TtiP- eXmStiRg BMP shall be shOWn to ho.,o
1996
1997
1998
1999 G. TeGhRelogy based Gr iter+a. For IArd-dict„rhinn aGtiVitieS, the pos-tdeveleped
2000apprepriate
2001 BMP as required by the nectdeyejepedGGRditiGReFeent imneniini�c�n�i ?r as
2002 ?peGif+ed in Table 1 of this seGtin�heJeeGted R� shall be atorl�s pinc�
2003 y
2004
2005 RPo in Table 1 that meet theyJ required taro ��_ pq are
2006 "'``1I`"
2007
2008 he ,,+
2009
2010
2011 Table--a
Water Quality BMP Target Phosphorus ❑eFGent Imneniio,,s ColoRemoval E#�Gie�
Vegetated filter strop y t U-2 rm
Grassed Swale 4 ri 0
E)dended Bete tmen (2 x 3 0
490
Rinretention hosin 5"o 38 66%
Rinrotontinn filter 5"o
EXtepded d ems-
en Zd
Retention hosin II (4 x WQ
VO
17&%
Retention hosin III (4 x VVQ
*Inneyatiye or al ern�e BMPS n�nG'ude`t inn thins toh�mob allowed at th-e
IrInevative er alternate BMPs not ORGIUded OR this table that target appropriate RORPOORt
pregram adMiRistrator or the department.
2012
2013 Ses-1-25 trearn nelLeresicy
2014
2015
2016
2017 r,,nnff rote of fle_and h yd n�aGte;1ST,-iRGIU„-lino hi,t not limiterno,
2018
2019
2020
2021
2022
2023
N) vN) v � vvvv � vvv " NVN v v vNNv Nv v v vvN vu vvuvN v vv N .. vN V N v ..
000 oaoo0oevaee0eeeeveoo oo = 00000000000000000 ° oevo
__ o. mmammMmmmm � MN � � � � n � � o ° o � 000 oowwwwwwwwWwvvvvv ..
� m . M � e w N _ a em _ m � owv _ o � m -4mN WN _ o (0m � cF wN _ o (0m -4 M Mo
c CIO
37 � o
2072
2073 SeG. 1-28. Long-term maintenanGe of pom,nent stoat^r farilities.
2074
2075
2076
2077 manage the quality and quantity of runoff. SUGh requiFements shall be set forth in a
2078
2079
2080 and shall:
2081
2082
2083
2084 2. Be stated to rUR with the land
2085 3. PrevTdfe; all neGessary aGGess to the property fnr purposes es of maintenaRGe
2086
2087
2088 main+enan/•e reports to theAdministrator;
2089
2090 66. Be approved for legal cUffiGienGy by the Gity Attorney,
2091
2092
2093 designed te treat stermwater rURG-ff primarily from an individual resideRtial lot E)R
2094 whiGh they are IGGated. An agreement in Iffieu ef plaR shall be eRtered into tha
2095 provides an enfGrGeable MeGhanism to ensure future mainteRaRGe of SuGh faGilitieS.
2096
2097 G. The Adm4nhstrater has developed a strategy for addressing mainteRanGe of
2098 stermwater management faGilities deSigRed to treat stermwater ruReff primarily from
2099
2100
2101 ;2nethed- targeted at promoting thee long term maintenanGe Of SUGh faGilities. SuGh
2102 faGilities shall not be subjeGt te the requirement for an inspeGthOR to be GenduGted
2103 by the Administrater.
2104
2105 Seemsms '°orr ^e�o;T
2106
2107
2108
2109
2110 2. romnlionro with the approved stormwAter management plan;
2111 ; and
2112 4.Development and ia— ;ermrrvTrcatice;T—efof any additional nnntrnI measures
2113 ne^essary to address a TMDL.
2114
2115 B. The Adm*nistrater may, at reasonable tomes and nder reasenable GiFG61MStaRGeS,
2116 enter any establishment er upon any property, publiG or private, fer the purpose E)
2117
2118 enfeFGemeRt of the PFOViSieRS of this QrdinaRG8.
2119
2120 C. in aGGOrdanGe with a performanGe bGRd with surety, Gash eSGreW, letter Of Gredit-,
2121 i -GGMbination thereof, c then legal� e ngnont nr inc4n imp+�#�h�
2122 "`J`"
2123
2124 FequiFed by the permit Genditiens with a land-disturbing aGtiVity when a
2125 permittee, a#er proper nGtiGe, has failed to take aGGeptable aGtiE)R within the tiMe
2126 speei#ied.
2127
2128 D. Pursuant ede of Virginia the Administrator may require
ire
2129
2130 VSMP autherity permit requirements U,Qer this OrdiRanGe, te furnish- when
2131
2132
2133 quality of state waters, eF SU^h other informatiOR as move neGessiaa"
2134 aGGOMPIdSh the purpeses ef this OFdiRaRGe.
2135
2136
2137
2138 the City's
2139 at minim„m at least en^e every fide (5) years
2140
2141 See. ''�Hearings,
2142
2143
2144 aggrieved by aRy aGtiGR of the City takeR OR regard te the QrdiRanGe without a
2145 fermal heariRg, may demand in writing a formal hearing by the Stermwater Appeals
2146 Board, who is designated by the City CounGil as its appeals body, previded
2147
2148
2149 after notiGe of s„^h a^tion is given by the Administrator.
2150
2151 B. The heaFiRgsue Linder his- SeGtiG;-hal�eGE)RdUGte d by theStermwater
2152 Appeals Board at aRy tome and plaGe autherized by the Stermwater Appeals Board-,
2153 but should be SGheduled within sixty (60) days of the RGtiGe of app
2154
2155 G. A veFbatim reGOrd ef the PFGGeediRgS Of SUGh heaFiRgS shall be taken and filed with
2156 the Stormwater Appeals Board. Depositions may be takeR and read as in aGt'E)RS at
2157 law,
2158
2159 D. The—dtermwater Appeals Beard, have power to request the issua;^gym
2160 subpoenas and subpoenas dUGes teGYm. The failure of a witness without legal
2161 eXGUS n h„ the
2162
2163
2164 the same fees and reimbursement for mileage a^tionc
2165
2166 E. The standard ef appeal shall be as listed OR seGtiGR 1-21, A and B, VariaRGes, of
2167 thus-Ord+naRGe. The Beard's au;"erity is to hear appeals ddeterrmin If the
2168 departments of PublmG Werks er Planning's
2169 regarding interpretatiOR and implementation of this ordinanGe are valmd. The Board
2170 should examine the eVd eRGe presented to the departmenty addm+innpl
2171 ev d
nenre that is relevant
2172
2173 F. The tome lomitatwens above shall nOt GOrnmenGe until the app"Gation us Gempletej
2174
2175
2176 Sec;. 1.31. Appeals-.
2177
2178 Within thirty (30) days ef the deGision ef the Stormwater Appeals Bear
2179
2180 City of Virginia BeaGh. The pet*tm()R for appeal shall be filed in writing with.n thirty ('30)
2181 days of the date of the deGismen, determanatmOR or aGtoon, shall state Glearly the grounds
2182 GR whiGh the appeal is based.
2183
2184 S-ec�-32.€nfomement.
2185
2186 A. if the Adrnffinmstrater determines that there is a failure tO GOMPIY with the VSMP
2187
2188
2189
2190
2191 shall be served by registered er Gertified mail to the address speG*fwed on the peFMm
2192 appliGation or by delivery at the site of the development aGtovmtffies to the age
2193 employeeSiAGh aGti„i+ion
2194
2195 ; The-nOtiGe shall-speEif� measures needed +n i+mmply With the now
2196 Gonditions and shall speGmfy the tome within whiGh SUGh measures shall be
2197 GeMpleted. Upon failure te Gomply within the torne speGified, a stop weFk erder
2198 may be issued OR i GGC)rdarrGe with si lbws iron B. or the permit may be reye
2199 by the Administrator.
2200 2. if e perm4tee falls tO GeMply with a��,nntiGe aGG i daRGe with this
2201 seGfien viihin�zif e—spedfied�HG .st atter M,iray issue an ervrder
2202 requiring the E)WRe.rper_�r, rson respnnsihle for GaFFYOtngoo,,ui—arn
2203 approved plan, or the persen GondUGfiRg the land-disturbing aGt*v*twes witheut
2204 an appreved plan er required PeFMbt tO Gease all land disturbing aGtiVities u
2205 the vpelatten f the permit neensed, or an nnnreyerl plan and required
2206 Y
2207 SUeb orders shallbeGG ,e-e#eEt�p R se i�ethe person by nertifierJ
2208 maml, return reGeopt requested, sent to his address speGified in the land reGG
2209 of the leGality, or by perSE)Raleli delivery by an agent othemini trater
2210
2211 or present . �Rt and substantial danger ef Gausing harmful eresion Gf
2212 la-rids er sedoment—depesYtTdt On waters within the watersheds e—ef the
2213 Gernmenwealth or othepNose substantially ornpaGthng water quality, it may issue-,
2214 wotheut advanee ROtmGe er-hearing, an ernenn�aeerdprectiRg Sucn peers ni
2215 te r0e-ase immediately all land-dosturboRg aGtmvffithes on the site and shall provide
2216
an eppertunity for a hearing, after reasenable nE)t*Ge as to the time and PlaGe-
2217 thereof, perseni-,, to affirm,mo Eft-amend,a—Or Ganvel SUnh emerrrenn�i
2218 eft r If a person who has been issued an order FS no+ nomplying �eripth tTh�
2219
2220 mandamus, or other appropriate remedy in a000rdanoe with this section
2221
2222 addptwen to any other remedy previded by this OrdinanGe, of the Adminastrater 0
2223 his designee determines that there is a failure te GeMply with the . of thffis
2224
2225 PFOGeduFes in a manner that 06 Gensistent with the provisions ef thus QrdinaRGe,
2226 State law and regulatieRS.
2227
2228
2229
2230 her the Administrate may bewelled in a preGe ding instituted in the Cirn„it
2231 '`"' ����'BeaGh
by the Gity to ebey same and te
2232 therewith by injunGtion, mandamus or ether apprepriate remedy.
2233
2234
2235 FefUSe tO GeMplyany order of the Administrator, sh^II��bjest tee ' riI
2236 penalty, erdered by the GirGUit Geurt, Ret te eXGeed thirty twe thousand five
2237 .
2238 EaGh day of vielation ef eaGh requirement shall Genstitute a separate offense.
2239
2240 1. V;olatffiens fer whiGh a penalty may be imposed under this SubSeGtien shall
2241
2242
2243 i. No state permit registration;
2244 No SVVPPP•
2245 T;; InGeMple+e SWPPD•
2246 v. SVVPPP net avamiable for re
2247
2248 vi. Failure to install stormier^ter RI\ADs G.nr ernsinn and sentiment nontrels•
2249
2250
2251 �i Operational definiennies•
2252 iv Failure +o GendUGt required incpei++io nc
2253 X. IRGOMplete e er ncr v;„lls's pspe✓<;vT�T�J and
2254 xi. D;?Gb,argesTEA onGe+pliaRGe `"ri+h the rep,Firemen+c of CeGtieR 9VAG 5_
2255 870_1170 of the general permit
2256
2257
2258 and the aGtien may be pFeSeGuted in the apprepriate GeYFt.
2259
2260 the degree ef haFM Gaused by the vielatiGR and also the eGenoFniG benefit to
2261 .
2262 4p Any GiVil penalties assessed by a GGurt as a result of a surnmens issued by the
2263 City shall be paid inte a segFegated aGGGunt inte the treasury of the City of
2264 Virginia ReaGh to he used fer the ni irnnse of minimi�inn nrelventinn managine
Virginia.. vv c-cru ca-rvr-crrc rn-r�-Pr� , ,
2265 or mitigating pellution ef the waters ef th G-aallity and abating environmental
2266 !'ell tinn }heroin
2267 FNotwmthstandiRg any etheF GiVil er equitable remedy provided by this SeGtien 0
2268 by law, any person who W!"fUlly OF Regligently vielates any previsien of thi-S
2269 OrdinanGe,
2270
2271 jam! fer net more than twelve (12) months er a fine Of ROt less than two thousand
2272 .
2273
2274 See. ''— Fees.
2275
2276 A. Fees tO GeVer GGsts aSSE)Glated with implementatiOR Of a VSMP related to land
2277 disturbiRg
a
2278 permits� ���
hall be impesed OR GGerdanno with the fees in Table 1 When
2279
2280
2281 w;th t���sturhea aGreage of their site or sites aceerdieg te Table 1.
2282
2283 Table 1: Fees fer stE-).
Fee ape Fee paid dirently to
Plan Relvielev wee
Chesapeake Bay Preservation Ant Land- $0
PeFMit—Geverage—sites within designated All others: $6W
areas of Chesapeake Ray Ant Ienalitios
greater than 2,500-square feet-and le&s
GenStFUGtien AGtivity/Land Clearing (Are Duplex. $20-5
within nemmnn Plans of development nr
All ethers: $600
sale woth land d i strb aR Ge aGFeage-lees
66
Censtn intinn Antlyity/I and (Tearing /Cites Duplex: Q7(lt-.
�.V�� . IVUY lr/LuIILa VIVUIII 19�pIlGJ l-�C
All ethers: 19 1 1
GeReral/Sterrnwi ter MaRagement Large $2,448 $952
greater—t h aR5 ,aGres and less thaR 0
Genera I/Sto mwater Ma'Raement � ��'g _ c
Li111L..I IL
f
260
greater- than 10 aGress a d less than 50
GeReFal/S#erFnWa aged nt I a rge $4,392 $egg
greater than 50 ids and less thaaR 100
GeReral/SterrnwateF MaRageM2Rt —Large $6,,912 $2,688
lard— disturbaRGe —aEreono equal to nr
2284
2285
2286
2287 appliGant fee shall be paid to the COMMORwealth.
2288
2289
2290 permit issued by the State Beard shall be irnpesed RR aGGerdaRGe with Table 2. if
2291 the general permit medlf!Gat*GRS result on Ghanges to stermwater managemeR
2292 plaRS that requiFe additiORal review by the City ef Virginia BeaGh, SUGh reviews shall
2293 be subjeGt tO the fees set out OR Table 2. The fee assessed shall be based GR the
2294 tetal dffistuFbed aGreage of the site. IR additiOR to the geReral permit rnedifiGatieR fee,
2295 medifiGatiC)RG FeSURORGZ, M. --.R. HRG-rease iR total disturbed aGreage shall pay the
2296 doffereRGe
2297 fer the total os} eF cGreaoe in Table 'I
2298
2299
2300
Type of Perm4 Goo Ame,,nt
G neraalllStie ," er ggemen�_Cmall GeRStri intiG�GR AGti Land '20
Clearing (Areas withiR GOMMOR PlaRS of developrneRt eF sale with
GeReral/Stormwater Management all (;enstr„et%'An+�y/Laand $200
Clearing (Sites with Iand disturbanGe aGFeage equal to or gFeater than
GeReFal/Sterrnwat,nr Management - Large GGRStFUGtion AGti��iv y/Land $2-&8
(Tearing (Cites with land dist,,rhanre anreage equal to or greater than
G'eneFa-I/ST mI.Aof a,eF MaRagement - Large
I nnCtF GtiE)R TTn}IV�/Land $3,00
QeariRg (Cites with land itist,,rhanee aGreage equal to or greate.- +1-a
GleaFiRg (Sites with land diStUFbaRGe aGreage equal to er greater thaR
GleariRg (Sites with Iand disturbaRGe aGreage equal to or greater than
2301
2302
2303 Table 3, iRGludiRg fees irnposed GR expiFed peFmits that have beeR admiRistratiVel
2304 GGRtiRued. With FeE;PeGt tO the general peFrqlt, these fees shall apply URN the permit
2305 -7 is terminated
2306
2307 3�Table Permit Man ntenanee Fees
Table v.
Type cef Permit
�, p i,,,,, /�,,+ },,M�,:�, Fee Ameunt
Chesapeake Bay PFeSeTvaatc1ti11—i d LaRv-r turbiRg nntia,ity /nnt Q�n
subjeGt te General PeF mt Overage; cite within deSigRated area of
ChesaChesapeake Rea, AGt leGalifios ��iith land r�i t,,rhenee acreage equal to
peake Bay . . ... ... u,,a� u,.,au,vui�vz.
GleariRg (Areas within GOMMOR plaRS of develepmeRt eF sale with
GleariRg (Sites with Iand disturbaRGe equal te or greater than 1 aGre
GeReFal/Stermwater Ma Rag eRt - Large (;ens+r,,e+ien nntiyity/`mod $5w
Gpe-aRlrSterTmP ,ater M an meTnft Large CE)R tr ntinn Antiyity/ and $&50
(Sites with Iand disturbaRGe aGreage equal to er greater than
SeReral/SterrnwatCi—its aRagt.rmTent --Large ('nn triintinn Antiyity/l aR $9w
(Tearing (Cites with land dist,,rhnpee enreage al to or enter tha
GeReral/Stao watcF-MaR,ap rneett LaW Ge RStn,ntiGR AntiVit"/I ter.rl �QII
GleaFiRg (Sites with Iand disturbaRGe aGreage equal to eF greater 100
2308
2309 General PeFMit GOverage MaiRteRaRGe fees shall be paid aRnually te the Gity of V'FgmRoa
2310 BeaGh, by the aRRiversary date ef general permit GOverage. No permit will be reissu
2311 OF allteMatiGally GeRtinued without payment of the required fee. GeReral perR44
2312
2313
2314 D. The ees set forth 'R subsedions A.ireg„ G. above, hall apply tE):
2315
2316 1. All persons seeking GOVerage Under the general permit if required
2317 2. All permiti'ees whe request mv`tdifieatigRS try or transfers of their exStiRg
2318
2319 3. Persens whose GGverage under the geRepal permit has beeR revoked shall
2320 ably te�c epartrneRt#eFnIndividual Peff.,it fOF DiSGh a of Ctermw te-r
2321 From GORStFUGtiOR AGtiVitieS.
2322 4. Permit and 'permit GE)yerap��aintenpnne fee6�tlin�g o��sc�en�3C.
2323 ypermit holder.
2324
2325 E. Ne g leralarpermit applinptieR fees Will he assessed to:
2326
2327 1 Permuttees whe request miner modifiGations te general permits as defined in
2328 seGtien-1 3 of this (DrdinanGe. PeFmit edifTc-atiens,—a# the F est „f the
2329 permittee
,,I
2330 add*t�Tal revs w by the Administrator shall not be exempt pursuant cant to this
2331 Sestien.
2332 2. Permottees whese general permits aFe modified E)F amended at the initiativ
2333 the Department, eXGlUding errers in the registration statement identified by the
2334 drmmn;?# ted to the aGreane of the cites
2335
2336 F. All inGOmplete payMeRtS will be deemed as nonpayments, and the appliGant sh
2337 be Retified of any "nGOmplete payments. interest may be GhaFged for late payments
2338 at the underpayment rate set forth in § 58.1_1 5 of the rle of Virginia and is
2339
2340 payment fee shall be GhaFged to any delinquent (ever ninety (90) days past dtte)
2341 aGGeunt. The Gity of VffiFgmnffia BeaGh shall be entitled to all remedies available uRde
2342 the Gede e. Virginia on GGIleGfiRg aRy past due amount.
2343
2344 .
2345
2346 ,PrT9r t9 {5sLAanCe-Of npermicr�rt the Applinent may he required to submit
2347
2348 thereef, OF SUGh other legal arrangeMeRt aGGeptable te the City AtterRey, to ensure that
2349 '
2350
2351 may be required of him by the PeFMit GORditions as a Fesult of his land-disturbing
2352
2353
2354 SUGh aGtion eXGeed the ameunt ef the seGUrity held, if any. WithiR. sixty (60) days ef the
2355
2356 Of GFedit or other legal aFraRgement, or the unexpended or LAnobligated portion thereof-,
2357 shell he refunded to the Opplinopt or terminated
2358
2359 Sec.. 1-35. Public Works Design Standards Manuak
2360
2361 The PublWorks Design Standards Manual, inGludppp all future t�
2362 thereto is hereby adopted and in Gerporated by referenne into this Ordinanne
2363
2364
2365
2366 €aGh separate-provis1, n of this Ord+nanGe-F,s deemed iRd pendent of all oth�
2367 previsiens herein so that if an er provisions of th4s (DrdiRanGe be deGlared
2368 RValid, all ether previsions thereef-I.-!! .-.:naiR valid and eRfeFGe
2369
2370 Ses. 1=37. Reserved.
2371
2372 APPENDIX D EROSION AND STORMWATER MANAGEMENT
2373
2374 Pursuant to §62.1-44.15:27 of the Code of Virginia, this ordinance is adopted as
2375 part of an initiative to integrate the City of Virginia Beach ("City") stormwater
2376 management requirements with the City erosion and sediment control into a
2377 consolidated erosion and stormwater management program. The erosion and
2378 stormwater management program is intended to facilitate the submission and approval
2379 of plans, issuance of permits, payment of fees, and coordination of inspection and
2380 enforcement activities for land-disturbing activities into a more convenient and efficient
2381 manner for both the City and those responsible for compliance with these programs.
2382
2383 Sec. 1.1. Title, Purpose, and Authority.
2384
2385 A. This ordinance shall be known as the "Erosion and Stormwater Management
2386 Ordinance of the City of Virginia Beach".
2387
2388 B. The purpose of this ordinance is to ensure the general health, safety, and welfare
2389 of the citizens of the City, protect the quality and quantity of state waters from the
2390 potential harm of unmanaged stormwater and soil erosion, including protection
2391 from a land disturbing activity causing unreasonable degradation of properties,
2392 water quality, stream channels, and other natural resources, and to establish
2393 procedures whereby stormwater requirements related to water quality and quantity
2394 shall be administered and enforced.
2395
2396 C. This ordinance is authorized by 62.1-44.15:27 of the Code of Virginia.
2397
2398 Section 1.2. Definitions.
2399
2400 The following words and terms, when used in this ordinance, shall have the
2401 following meanings, unless the context clearly indicates otherwise.
2402
2403 "Adequate channel" means a channel that will convey the designated frequency
2404 storm event without overtopping the channel bank nor causing erosive damage to the
2405 channel bed or banks.
2406
2407 "Administrator" means the City Manager, or his designee(s).
2408
2409 "Agreement in lieu of a plan" means a contract between the City and the owner
2410 or permittee that specifies methods that shall be implemented to comply with the
2411 requirements of the VESMA and this ordinance for the construction of a (i) single-family
2412 detached residential structure or (ii) farm building or structure on a parcel of land with a
2413 total impervious cover percentage, including the impervious cover from the farm building
2414 or structure to be constructed, of less than five percent: such contract may be executed
2415 by the City in lieu of a soil erosion control and stormwater management plan.
2416
2417 "Applicant" means person submitting a soil erosion control and stormwater
2418 _management plan to a VESMP authority for approval in order to obtain authorization to
2419 commence a land- disturbing activity.
2420
2421 "Best management practice" or TMF means schedules of activities, prohibitions
2422 of practices, maintenance procedures, and other management practices, including both
2423 structural and nonstructural practices, to prevent or reduce the pollution of surface
2424 waters and groundwater systems.
2425
2426 1. "Nonproprietary best management practice" means both structural and
2427 nonstructural practices to prevent or reduce the pollution of surface waters
2428 and groundwater systems that are in the public domain and are not protected
2429 by trademark or patent or copyright.
2430 2. "Proprietary best management practice" means both structural and
2431 nonstructural practices to prevent or reduce the pollution of surface waters
2432 and groundwater systems that are privately owned and controlled and may be
2433 protected by trademark or patent or copyright.
2434
2435 "Board" means the State Water Control Board.
2436
2437 "Causeway" means a temporary structural span constructed across a flowing
2438 watercourse or wetland to allow construction traffic to access the area without causing
2439 erosion damage.
2440
2441 "Channel" means a natural stream or manmade waterway.
2442
2443 "Chesapeake Bay Preservation Act" means Article 2.5 (§ 62.1-44.15:67 et seq.)
2444 of Chapter 3.1 of Title 62.1 of the Code of Virginia.
2445
2446 "Chesapeake Bay Preservation Area" means any land designated by a local
2447 government pursuant to Part III (9VAC25-830-70 et seq.) of the Chesapeake Bay
2448 Preservation Area Designation and Management Regulations and 62.1-44.15:74 of
2449 the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource
2450 Protection Area and a Resource Management Area as defined in the Chesapeake Bav
2451 Preservation Area Designation and Management Regulations (9VAC25-830).
2452
2453 "Clean Water Act" or TWA" means the federal Clean Water Act (33 USC § 1251
2454 et seg.), formerly referred to as the Federal Water Pollution Control Act or Federal
2455 Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by
2456 Public Law 95-217 Public Law 95-576 Public Law 96-483 and Public Law 97-117 or
2457 any subsequent revisions thereto.
2458
2459 "Cofferdam" means a watertight temporary structure in a river, lake etc. for
2460 keeping the water from an enclosed area that has been pumped dry so that bridge
2461 foundations, dams, etc., may be constructed.
2462
2463 "Common plan of development or sale" means a contiguous area where separate
2464 and distinct construction activities may be taking place at different times on different
2465 schedules.
2466
2467 "Comprehensive stormwater management plan" means a plan, which may be
2468 integrated with other land use plans or regulations that specifies how the water quality
2469 components, quantity components, or both of stormwater are to be managed on the
2470 basis of an entire watershed or a portion thereof. The plan may also provide for the
2471 remediation of erosion, flooding, and water quality and quantity problems caused by
2472 prior development.
2473
2474 "Construction activity" means any clearing, grading, or excavation associated with
2475 construction activity.
2476
2477 "Control measure" means any BMP, stormwater facility, or other method used to
2478 minimize the discharge of pollutants to state waters.
2479
2480 TWA and regulations" means the Clean Water Act and applicable regulations
2481 published in the Code of Federal Regulations promulgated thereunder. For the
2482 purposes of this ordinance, it includes state program requirements.
2483
2484 "Dam" means a barrier to confine or raise water for storage or diversion, to create
2485 a hydraulic head, to prevent gully erosion, or to retain soil, rock or other debris.
2486
2487 "Denuded" means a term applied to land that has been physically disturbed and
2488 no longer supports vegetative cover.
2489
2490 "Department" means the Virginia Department of Environmental Quality.
2491
2492 "Depression storage" means the amount of rain that is retained on the surface in
2493 micro-depressions, ditches, and other terrain irregularities where water is allowed to
2494 collect and pond.
2495
2496 "Development" means land disturbance and the resulting landform associated
2497 with the construction of residential, commercial, industrial, institutional, recreation,
2498 transportation, or utility facilities or structures or the clearing of land for nonagricultural
2499 or nonsilvicultural purposes. The regulation of discharges from development, for
2500 purposes of stormwater management, does not include the exclusions found in
2501 9VAC25-875-860.
2502
2503 "Dike" means an earthen embankment constructed to confine or control water.
2504 especially one built along the banks of a river to prevent overflow of lowlands: levee.
2505
2506 "Discharge" when used without qualification, means the discharge of a pollutant.
2507
2508 "Discharge of a pollutant" means:
2509
2510 1. Any addition of any pollutant or combination of pollutants to state waters from
2511 any point source: or
2512 2. Any addition of any pollutant or combination of pollutants to the waters of the
2513 contiguous zone or the ocean from any point source other than a vessel or
2514 other floating craft which is being used as a means of transportation.
2515
2516 This definition includes additions of pollutants into surface waters from:
2517 surface runoff that is collected or channeled by man; discharges through
2518 pipes, sewers, or other conveyances owned by a state, municipality, or other
2519 person that do not lead to a treatment works; and discharges through pipes,
2520 sewers, or other conveyances, leading into privately owned treatment works.
2521 This term does not include an addition of pollutants by any indirect
2522 discharger.
2523
2524 "District" or "soil and water conservation district" means a political subdivision of
2525 the Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506
2526 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.
2527
2528 "Diversion" means a channel with a supporting ridge on the lower side
2529 constructed across or at the bottom of a slope for the purpose of intercepting surface
2530 runoff.
2531
2532 "Dormant" means denuded land that is not actively being brought to a desired
2533 grade or condition.
2534
2535 "Drainage area" means a land area, water area, or both from which runoff flows to
2536 a common point.
2537
2538 "Energy dissipator" means a nonerodible structure which reduces the velocity of
2539 concentrated flow to reduce its erosive effects.
2540
2541 "Environmental Protection Agency" or "EPA" means the United States
2542 Environmental Protection Agency.
2543
2544 "Erosion and sediment control plan" means a document containing material for
2545 the conservation of soil and water resources of a unit or group of units of land. It may
2546 include appropriate maps, an appropriate soil and water plan inventory and
2547 management information with needed interpretations, and a record of decisions
2548 contributing to conservation treatment. The plan shall contain all major conservation
2549 decisions to ensure that the entire unit or units of land will be so treated to achieve the
2550 conservation objectives.
2551
2552 "Erosion impact area" means an area of land that is not associated with a current
2553 land- disturbing activity but is subject to persistent soil erosion resulting in the delivery
2554 of sediment onto neighboring properties or into state waters. This definition shall not
2555 apply to any lot or parcel of land of 2,500 square feet or less used for residential
2556 purposes or to shorelines where the erosion results from wave action or other coastal
2557 processes.
2558
2559 "ESC" means erosion and sediment control.
2560
2561 "ESM plan" means a soil erosion control and stormwater management plan,
2562 commonly referred to as the erosion control and stormwater management plan.
2563
2564 "Farm building or structure" means the same as that term is defined in § 36-97 of
2565 the Code of Virginia and also includes any building or structure used for agritourism
2566 activity, as defined in 3.2-6400 of the Code of Virginia, and any related impervious
2567 services including roads, driveways, and parking areas.
2568
2569 "Flood fringe" means the portion of the floodplain outside the floodway that is
2570 usually covered with water from the 100-year flood or storm event. This includes the
2571 flood or floodway fringe designated by the Federal Emergency Management Agency.
2572
2573 "Flooding" means a general or temporary condition of partial or complete
2574 inundation of normally dry land areas from:
2575
2576 (a) The overflow of inland or tidal waters, or
2577 (b) The unusual and rapid accumulation or runoff of surface waters from any
2578 source, or
2579 (c) Mudflows, which are akin to a river of liquid and flowing mud on the surfaces of
2580 normally dry land areas, as when earth is carried by a current of water and
2581 deposited along the path of the current.
2582 (d) The collapse or subsidence of land along the shore of a lake or other body of
2583 water as a result of erosion or undermining caused by waves or currents of
2584 water exceeding anticipated cyclical levels or suddenly caused by an unusually
2585 high water level in a natural body of water, accompanied by a severe storm, or
2586 by an unanticipated force of nature such as flash flood or an abnormal tidal
2587 surge, some similarly unusual and unforeseeable event that results in flooding
2588 as defined above.
2589
2590 "Floodplain" means the area adjacent to a channel, river, stream, or other water
2591 body that is susceptible to being inundated by water normally associated with the 100-
2592 year flood or storm event. This includes the floodplain designated by the Federal
2593 Emergency Management Agency.
2594
2595 "Flood-prone area" means the component of a natural or restored stormwater
2596 conveyance system that is outside the main channel. Flood-prone areas may include
2597 the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas
2598 adjacent to the main channel.
2599
2600 "Floodway" means the channel of a river or other watercourse and the adjacent
2601 land areas, usually associated with flowing water, that must be reserved in order to
2602 discharge the 100-year flood or storm event without cumulatively increasing the water
2603 surface elevation more than one foot. This includes the floodway designated by the
2604 Federal Emergency Management Agency.
2605
2606 "Flume" means a constructed device lined with erosion-resistant materials
2607 intended to convey water on steep grades.
2608
2609 "General_permit" means a permit authorizing a category of discharges under the
2610 CWA and the VESMA within a geographical area.
2611
2612 "Hydraulic grade line (HGL)" means a line coinciding with the level of flowing
2613 water in an open channel. In a closed conduit flowing under pressure, the HGL is the
2614 level to which water would rise in a vertical tube at any point along the pipe. It is equal
2615 to the energy -grade line elevation minus the velocity head, V2/2g.
2616
2617 "Hydrologic Unit Code" or "HUC" means a watershed unit established in the most
2618 recent version of Virginia's 6th Order National Watershed Boundary Dataset unless
2619 specifically identified as another order.
2620
2621 "Impervious cover" means a surface composed of material that significantly
2622 impedes or prevents natural infiltration of water into soil.
2623
2624 "Inspection" means an on-site review of the proiect's compliance with any
2625 applicable design criteria, or an on-site review to obtain information or conduct surveys
2626 or investigations necessary in the implementation or enforcement of the VESMA and
2627 applicable regulations.
2628
2629 "Karst area" means any land area predominantly underlain at the surface or
2630 shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any
2631 obvious surface karst features.
2632
2633 "Karst features" means sinkholes, sinking and losing streams, caves, large flow
2634 springs, and other such landscape features found in karst areas.
2635
2636 "Land disturbance" or "land-disturbing activity" means a manmade change to the
2637 land surface that may result in soil erosion or has the potential to change its runoff
2638 characteristics, including construction activity such as the clearing, grading, excavating,
2639 or filling of land.
2640
2641 "Land-disturbance approval" means an approval allowing a land-disturbing
2642 activity to commence issued by the VESMP authority after the requirements of � 62.1-
2643 44.15:34 of the Code of Virginia have been met.
2644
2645 "Large construction activity" means construction activity including clearing,
2646 -grading, and excavation, except operations that result in the disturbance of less than
2647 five acres of total land area. Large construction activity also includes the disturbance of
2648 less than five acres of total land area that is a part of a larger common plan of
2649 development or sale if the larger common plan will ultimately disturb five acres or more.
2650 Large construction activity does not include routine maintenance that is performed to
2651 maintain the original line and grade, hydraulic capacity, or original purpose of the
2652 facility.
2653
2654 "Layout" means a conceptual drawing sufficient to provide for the specified
2655 stormwater management facilities required at the time of approval.
2656
2657 "Linear development project" means a land-disturbing activity that is linear in
2658 nature such as, but not limited to, (i) the construction of electric and telephone utility
2659 lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges,
2660 communication facilities and other related structures of a railroad company; NO
2661 highway construction projects; (iv) construction of stormwater channels and stream
2662 restoration activities; and (v) water and sewer lines. Private subdivision roads or streets
2663 shall not be considered linear development projects.
2664
2665 "Live watercourse" means a definite channel with bed and banks within which
2666 concentrated water flows continuously.
2667
2668 "Locality" means City of Virginia Beach.
2669
2670 "Localized flooding" means smaller scale flooding that may occur outside of a
2671 stormwater conveyance system. This may include high water, ponding, or standing
2672 water from stormwater runoff, which is likely to cause property damage or unsafe
2673 conditions.
2674
2675 "Main channel" means the portion of the stormwater conveyance system that
2676 contains the base flow and small frequent storm events.
2677
2678 "Major municipal separate storm sewer outfall" or "major outfall" means a
2679 municipal separate storm sewer outfall that discharges from a single pipe with an inside
2680 diameter of thirty-six (36) inches or more or its equivalent (discharge from a single
2681 conveyance other than circular pipe which is associated with a drainage areas of more
2682 than fifty (50) acres); or for municipal separate storm sewers that receive stormwater
2683 from lands zoned for industrial activity (based on comprehensive zoning plans or the
2684 equivalent), with an outfall that discharges from a single pipe with an inside diameter of
2685 twelve (12) inches or more or from its equivalent (discharge from other than a circular
2686 pipe associated with a drainage areas of two (2) acres or more).
2687
2688 "Manmade" means constructed by man.
2689
2690 "Minimize" means to reduce or eliminate the discharge of pollutants to the extent
2691 achievable using stormwater controls that are technologically available and
2692 economically practicable.
2693
2694 "Minor modification" means modifications and amendments not requiring
2695 extensive review and evaluation including changes in EPA promulgated test protocols,
2696 increasing monitoring frequency requirements, changes in sampling locations, and
2697 changes to compliance dates within the overall compliance schedules. A minor permit
2698 modification or amendment does not substantially alter permit conditions, substantially
2699 increase or decrease the amount of surface water impacts, increase the size of the
2700 operation, or reduce the capacity of the facility to protect human health or the
2701 environment.
2702
2703 "Natural channel design concepts" means the utilization of engineering analysis
2704 and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open
2705 conveyance system for the purpose of creating or recreating a stream that conveys its
2706 bankfull storm event within its banks and allows larger flows to access its bankfull
2707 bench and its floodplain.
2708
2709 "Natural stream" means a tidal or nontidal watercourse that is part of the natural
2710 topography. It usually maintains a continuous or seasonal flow during the year and is
2711 characterized as being irregular in cross-section with a meandering course.
2712 Constructed channels such as drainage ditches or swales shall not be considered
2713 natural streams; however, channels designed utilizing natural channel design concepts
2714 may be considered natural streams.
2715
2716 "Nonerodible" means a material, e.g., riprap, concrete, plastic, etc., that will not
2717 experience surface wear due to natural forces.
2718 -
2719 "Nonpoint source pollution" means pollution such as sediment, nitrogen,
2720 phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be
2721 pinpointed but rather are washed from the land surface in a diffuse manner by
2722 stormwater.
2723
2724 "Operator" means the owner or operator of any facility or activity subject to the
2725 VESMA and this ordinance. In the context of stormwater associated with a large or
2726 small construction activity, operator means any person associated with a construction
2727 project that meets either of the following two criteria: (i) the person has direct
2728 operational control over construction plans and specifications, including the ability to
2729 make modifications to those plans and specifications or (ii) the person has day-to-day
2730 operational control of those activities at a project that are necessary to ensure
2731 compliance with a stormwater pollution prevention plan for the site or other permit or
2732 VESMP authority permit conditions (i.e., they are authorized to direct workers at a site
2733 to carry out activities required by the stormwater pollution prevention plan or comply
2734 with other permit conditions). In the context of stormwater discharges from Municipal
2735 Separate Storm Sewer Systems (MS4s), operator means the operator of the regulated
2736 MS4 system.
2737
2738 "Outfall" means, when used in reference to municipal separate storm sewers, a
2739 point source at the point where a municipal separate storm sewer discharges to
2740 surface waters and does not include open conveyances connecting two municipal
2741 separate storm sewers, or pipes, tunnels or other convevances with connected
2742 segments of the same stream or other surface waters and are used to convey surface
2743 waters.
2744
2745 "Owner" means the Commonwealth or any of its political subdivisions including
2746 but not limited to, sanitation district commissions and authorities, and any public or
2747 private institution, corporation, association, firm or company organized or existing
2748 under the laws of this or any other state or country, or any officer or agency of the
2749 United States, or any person or group of persons acting individually or as a group that
2750 owns, operates, charters, rents, or otherwise exercises control over or is responsible
2751 for any actual or potential discharge of sewage, industrial wastes, or other wastes or
2752 pollutants to state waters, or any facility or operation that has the capability to alter the
2753 physical, chemical, or biological properties of state waters in contravention of 62.14-
2754 44.5 of the Code of Virginia, the Act and this chapter.
2755
2756 "Peak flow rate" means the maximum instantaneous flow from a prescribed
2757 design storm at a particular location.
2758
2759 "Percent impervious" means the impervious area within the site divided by the
2760 area of the site multiplied by 100.
2761
2762 "Permit" or "VESMP Authority Permit" means an approval to conduct a land-
2763 disturbing activity issued by the Administrator for the initiation of a land-disturbing
2764 activity, in accordance with this Ordinance, and which may only be issued after
2765 evidence of general permit coverage has been provided by the Department, if required.
2766
2767 "Permittee" means the person to whom the VESMP Authority Permit is issued.
2768
2769 "Person" means any individual, partnership, firm, association, joint venture, public
2770 or private corporation, trust, estate, commission, board, public or private institution,
2771 utility, cooperative, county, city, town, or other political subdivision of the
2772 Commonwealth, governmental body, including a federal or state entity as applicable,
2773 any interstate body, or any other legal entity.
2774
2775 "Point of discharge" means a location at which concentrated stormwater runoff is
2776 released.
2777
2778 "Point source" means any discernible, confined, and discrete conveyance
2779 including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
2780 rolling stock, concentrated animal feeding operation, landfill leachate collection system,
2781 vessel, or other floating craft from which pollutants are or may be discharged. This term
2782 does not include return flows from irrigated agriculture or agricultural stormwater runoff.
2783
2784 "Pollutant discharge" means the average amount of a particular pollutant
2785 measured in pounds per year or other standard reportable unit as appropriate,
2786 delivered by stormwater runoff.
2787
2788 "Pollution" means such alteration of the physical, chemical, or biological
2789 properties of any state waters as will or is likely to create a nuisance or render such
2790 waters (a) harmful or detrimental or incurious to the public health, safety, or welfare, or
2791 to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for
2792 use as present or possible future sources of public water supply; or (c) unsuitable for
2793 recreational, commercial, industrial, agricultural, or other reasonable uses, provided
2794 that (i) an alteration of the physical, chemical, or biological property of state waters, or
2795 a discharge or deposit of sewage, industrial wastes or other wastes to state waters by
2796 any owner which by itself is not sufficient to cause pollution, but which, in combination
2797 with such alteration of or discharge or deposit to state waters by other owners, is
2798 sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into
2799 state waters; and NO contributing to the contravention of standards of water quality
2800 duly established by the State Water Control Board, are "pollution" for the terms and
2801 purposes of this ordinance.
2802
2803 "Post-development" refers to conditions that reasonably may be expected or
2804 anticipated to exist after completion of the land development activity on a specific site
2805 or tract of land.
2806
2807 "Predevelopment" refers to the conditions that exist at the time that plans for the
2808 land- disturbing activity are submitted to the VESMP authority. Where phased
2809 development or plan approval occurs (preliminary grading, demolition of existing
2810 structures, roads and utilities, etc.), the existing conditions at the time prior to the
2811 commencement of land-disturbing activitv shall establish predevelopment conditions.
2812
2813 "Prior developed lands" means land that has been previously utilized for
2814 residential, commercial, industrial, institutional, recreation, transportation or utility
2815 facilities or structures, and that will have the impervious areas associated with those
2816 uses altered during a land- disturbing activity.
2817
2818 "Qualified personnel" means a person knowledgeable in the principles and
2819 practices of erosion and sediment and stormwater management controls who
2820 possesses the skills to assess conditions at the construction site for the operator that
2821 could impact stormwater quality and quantity and to assess the effectiveness of any
2822 sediment and erosion control measures or stormwater management facilities selected
2823 to control the quality and quantity of stormwater discharges from the construction
2824 activity. On or after July 1, 2025, "qualified personnel" shall hold an unexpired Dual
2825 Inspector certification issued by the department; an unexpired Inspector for Erosion
2826 and Sediment Control certification and an unexpired Inspector for Stormwater
2827 Management certification, both issued by the department; a Construction General
2828 Permit Qualified Personnel Certificate issued by the department or the Virginia
2829 Department of Transportation; or an equivalent certification provided by EPA (currently
2830 titled Construction Inspection Training Course).
2831
2832 "Responsible land disturber" or "RLD" means an individual holding a certificate
2833 issued by the department who is responsible for carrying out the land-disturbing activity
2834 in accordance with the approved erosion and sediment control plan or ESM plan. The
2835 RLD may be the owner, applicant, permittee, designer, superintendent project
2836 manager, contractor, or any other project or development team member. The RLD
2837 must be designated on the erosion and sediment control plan, ESM plan or permit as
2838 defined in this ordinance as a prerequisite for engaging in land disturbance.
2839
2840 "Regulations" means the Virginia Stormwater Management Program (VESMP)
2841 Regulations, 9VAC25-875, as amended.
2842
2843 "Runoff coefficient" means the fraction of total rainfall that will appear at a
2844 conveyance as runoff.
2845
2846 "Runoff' or "stormwater runoff' means that portion of precipitation that is
2847 discharged across the land surface or through conveyances to one or more waterways.
2848
2849 "Runoff characteristics" includes maximum velocity, peak flow rate, volume and
2850 flow duration.
2851
2852 "Runoff volume" means the volume of water that runs off the land development
2853 project from a prescribed storm event.
2854
2855 "Schedule of compliance" means a schedule of remedial measures included in a
2856 state permit, including an enforceable sequence of interim requirements (for example,
2857 actions, operations, or milestone events) leading to compliance with the Act, the CWA
2858 and regulations.
2859
2860 "Sediment basin" means a temporary impoundment built to retain sediment and
2861 debris with a controlled stormwater release structure.
2862
2863 "Sediment trap" means a temporary impoundment built to retain sediment and
2864 debris which is formed by constructing an earthen embankment with a stone outlet.
2865
2866 "Sheet flow" (also called overland flow) means shallow, unconcentrated and
2867 irregular flow down a slope.
2868
2869 "Shoreline erosion control project" means an erosion control project approved by
2870 local wetlands boards, the Virginia Marine Resources Commission, the department, or
2871 the United States Army Corps of Engineers and located on tidal waters and within
2872 nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.
2873
2874 "Site" means the land or water area where any facility or land-disturbing activity
2875 is physically located or conducted, including adjacent land used or preserved in
2876 connection with the facility or land-disturbing activity. Areas channelward of mean low
2877 water in tidal Virginia shall not be considered part of a site.
2878
2879 "Site hydrology" means the movement of water on, across, through, and off the
2880 site as determined by parameters including soil types, soil permeability, vegetative
2881 cover, seasonal water tables, slopes, land cover, and impervious cover.
2882
2883 "Slope drain" means tubing or conduit made of nonerosive material extending
2884 from the top to the bottom of a cut or fill slope with an energy dissipator at the outlet
2885 end.
2886
2887 "Small construction activity" means.
2888
2889 1. Construction activities including clearing, grading, and excavating that results
2890 in land disturbance of equal to or greater than one acre and less than five
2891 acres. Small construction activity also includes the disturbance of less than
2892 one acre of total land area that is part of a larqer common plan of development
2893 or sale if the larger common plan will ultimately disturb equal to or greater than
2894 one and less than five acres. Small construction activity does not include
2895 routine maintenance that is performed to maintain the original line and grade,
2896 hydraulic capacity, or original purpose of the facility. The department may
2897 waive the otherwise applicable requirements in a general permit for a
2898 stormwater discharge from construction activities that disturb less than five
2899 acres where stormwater controls are not needed based on an approved "total
2900 maximum daily load" (TMDL) that addresses the pollutants of concern or, for
2901 nonimpaired waters that do not require TMDLs, an equivalent analysis that
2902 determines allocations for small construction sites for the pollutants of concern
2903 or that determines that such allocations are not needed to protect water quality
2904 based on consideration of existing in-stream concentrations, expected growth
2905 in pollutant contributions from all sources, and a margin of safety. For the
2906 purpose of this subdivision, the pollutants of concern include sediment or a
2907 parameter that addresses sediment (such as total suspended solids, turbidity,
2908 or siltation) and any other pollutant that has been identified as a cause of
2909 impairment of any water body that will receive a discharge from the
2910 construction activity. The operator shall certify to the department that the
2911 construction activity will take place, and stormwater discharges will occur,
2912 within the drainage area addressed by the TMDL or provide an equivalent
2913 analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications
2914 submitted in support of the waiver shall be submitted electronically by the
2915 owner or operator to the department in compliance with this subdivision and 40
2916 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-
2917 940, and Part XI (9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge
2918 Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not
2919 intended to undo existinq requirements for electronic reporting. Prior to this
2920 date, and independent of Part XI of 9VAC25-31, permittees may be required to
2921 report electronically if specified by a particular permit.
2922 2. Any other construction activity designated by either the department or the EPA
2923 regional administrator, based on the potential for contribution to a violation of a
2924 water quality standard or for significant contribution of pollutants to surface
2925 waters.
2926
2927 "Soil erosion" means the movement of soil by wind or water into state waters or
2928 onto lands in the Commonwealth.
2929
2930 "Soil erosion control and stormwater management plan," commonly referred to as
2931 the erosion control and stormwater management plan, or "ESM plan" means a
2932 document describing methods for controlling soil erosion and managing stormwater in
2933 accordance with the requirements adopted pursuant to the VESMA. The ESM plan
2934 may consist of aspects of the erosion and sediment control plan and the stormwater
2935 management plan as each is described in this ordinance.
2936
2937 "Special Flood Hazard Area" means the land in the floodplain subject to a one (1)
2938 percent or greater chance of being flooded in any given year as set forth in the
2939 Floodplain Ordinance (Appendix K).
2940
2941 "Stabilized" means land that has been treated to withstand normal exposure to
2942 natural forces without incurring erosion damage.
2943
2944 "State" means the Commonwealth of Virginia.
2945
2946 "State application" or "application" means the standard form or forms including
2947 any additions, revisions, or modifications to the forms approved by the administrator
2948 and the department for applying for a permit.
2949
2950 "State Board" means the State Water Control Board.
2951
2952 "State permit" means an approval to conduct a land-disturbing activity issued by
2953 the State Board in the form of a state stormwater individual permit or coverage issued
2954 under a state general permit or an approval issued by the State Board for stormwater
2955 discharges from an MS4. Under these state permits, the Commonwealth imposes and
2956 enforces requirements pursuant to the federal Clean Water Act and regulations the
2957 Virginia Stormwater Management Act and the Regulations.
2958
2959 "State Water Control Law" means Chapter 3.1 ( 62.1-44.2 et seq.) of Title 62.1
2960 of the Code of Virginia.
2961
2962 "State waters" means all water, on the surface and under the ground wholly or
2963 partially within or bordering the Commonwealth or within its jurisdiction including
2964 wetlands.
2965
2966 "Storm sewer inlet" means a structure through which stormwater is introduced
2967 into an underground conveyance system.
2968
2969 "Stormwater," for the purposes of the VESMA, means precipitation that is
2970 discharged across the land surface or through conveyances to one or more waterways
2971 and that may include stormwater runoff, snow melt runoff, and surface runoff and
2972 drainage.
2973
2974 "Stormwater Appeals Board" is the appeal authority designated by City Council to
2975 hear appeals from any permit applicant or permittee, or person subject to Ordinance
2976 requirements, aggrieved by any action of the City taken in regard to the Ordinance. The
2977 Stormwater Appeals Board shall be appointed by City Council and shall consist of five
2978 (5) voting citizen members and two (2) alternates. The five (5) voting members and two
2979 (2) alternates shall include citizens from the City of Virginia Beach who will serve a term
2980 of three (3) years with a maximum of two (2) consecutive terms and three (3) of whom
2981 shall have professional or educational experience in civil engineering land surveying
2982 landscape architecture, environmental sciences, earth science soil science natural
2983 resources, chemistry, or other commensurate professional or educational background.
2984 The city attorney or his designee shall serve as legal counsel to the Stormwater
2985 Appeals Board and the departments of Public Works and Planning shall be staff to the
2986 Stormwater Appeals Board.
2987
2988 "Stormwater conveyance system" means a combination of drainage components
2989 that are used to convey stormwater discharge, either within or downstream of the land-
2990 disturbing activity. This includes:
2991
2992 1. "Manmade stormwater conveyance system" means a pipe ditch vegetated
2993 swale, or other stormwater conveyance system constructed by man except for
2994 restored stormwater conveyance systems;
2995 2. "Natural stormwater conveyance system" means the main channel of a natural
2996 stream and the flood-prone area adiacent to the main channel; or
2997 3. "Restored stormwater conveyance system" means a stormwater conveyance
2998 system that has been designed and constructed using natural channel design
2999 concepts. Restored stormwater conveyance systems include the main
3000 channel and the flood-prone area adjacent to the main channel.
3001
3002 "Stormwater detention" means the process of temporarily impounding runoff and
3003 discharging it through a hydraulic outlet structure to a downstream conveyance system.
3004
3005 "Stormwater discharge associated with construction activity" means a discharge
3006 of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading,
3007 or excavation); construction materials or equipment storage or maintenance (e.g., fill
3008 piles, borrow area, concrete truck washout, fueling); or other industrial stormwater
3009 directly related to the construction process (e.g., concrete or asphalt batch plants) are
3010 located.
3011
3012 "Stormwater management facility" means a control measure that controls
3013 stormwater runoff and changes the characteristics of that runoff including the quantity
3014 and quality, the period of release or the velocity of flow.
3015
3016 "Stormwater management plan" means a document containing material
3017 describing methods for complying with the requirements of the VESMP.
3018
3019 "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is
3020 prepared in accordance with good engineering practices and that identifies potential
3021 sources of pollutants that may reasonably be expected to affect the quality of
3022 stormwater discharges. A SWPPP required under the VESMP for construction
3023 activities shall identify and require the implementation of control measures and shall
3024 include or incorporate by reference an approved erosion and sediment control plan, an
3025 approved stormwater management plan, and a pollution prevention plan.
3026
3027 "Subdivision" means the same as the term is designated within section 1.4 of
3028 Subdivision Regulations Appendix B of the Code of the City of Virginia Beach. The term
3029 includes resubdivision and, when appropriate to the context, shall relate to the process
3030 of subdividing or to the land subdivided.
3031
3032 "Surface waters" means:
3033
3034 1. All waters that are currently used, were used in the past, or may be
3035 susceptible to use in interstate or foreign commerce, including all waters that
3036 are subject to the ebb and flow of the tide;
3037 2. All interstate waters, including interstate wetlands;
3038 3. All other waters such as intrastate lakes, rivers, streams (including intermittent
3039 streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, we
3040 meadows, playa lakes, or natural ponds the use, degradation, or destruction
3041 of which would affect or could affect interstate or foreign commerce including
3042 any such waters:
3043
3044 a. That are or could be used by interstate or foreign travelers for recreational
3045 or other purposes;
3046 b. From which fish or shellfish are or could be taken and sold in interstate or
3047 foreign commerce: or
3048 c. That are used or could be used for industrial purposes by industries in
3049 interstate commerce:
3050
3051 4. All impoundments of waters otherwise defined as surface waters under this
3052 definition;
3053 5. Tributaries of waters identified in subdivisions 1 through 4 of this definition;
3054 6. The territorial sea; and
3055 7. Wetlands adjacent to waters (other than waters that are themselves wetlands)
3056 identified in subdivisions 1 through 6 of this definition.
3057
3058 Waste treatment systems, including treatment ponds or lagoons designed to
3059 meet the requirements of the CWA and the law, are not surface waters. Surface waters
3060 do not include prior converted cropland. Notwithstanding the determination of an area's
3061 status as prior converted cropland by any other agency, for the purposes of the CWA,
3062 the final authority regarding the CWA jurisdiction remains with the EPA.
3063
3064 "SWM" means stormwater management.
3065
3066 "Temporary vehicular stream crossing" means a temporary nonerodible structural
3067 span installed across a flowing watercourse for use by construction traffic. Structures
3068 may include bridges, round pipes or pipe arches constructed on or through nonerodible
3069 material.
3070
3071 "Ten-year storm" means a storm that is capable of producing rainfall expected to
3072 be equaled or exceeded on the average of once in 10 years. It may also be expressed
3073 as an exceedance probability with a 10% chance of being equaled or exceeded in any
3074 given year.
3075
3076 "Total maximum daily load" or "TMDL" means the sum of the individual
3077 wasteload allocations for point sources, load allocations (LAs) for nonpoint sources,
3078 natural background loading, and a margin of safety. TMDLs can be expressed in terms
3079 of either mass per time, toxicity, or other appropriate measure. The TMDL process
3080 provides for point versus nonpoint source trade-offs.
3081
3082 "Two-year storm" means a storm that is capable of producing rainfall expected to
3083 be equaled or exceeded on the average of once in two years. It may also be expressed
3084 as an exceedance probability with a 50% chance of being equaled or exceeded in anv
3085 given year.
3086
3087 "Virginia Erosion and Stormwater Management Act" or "VESMA" means Article
3088 2.3_& 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of
3089 the Code of Virginia.
3090
3091 "Virginia Erosion and Stormwater Management Program" or "VESMP" means a
3092 program established by the VESMP authority for the effective control of soil erosion
3093 and sediment deposition and the management of the quality and quantity of runoff
3094 resulting from land- disturbing activities to prevent the unreasonable degradation of
3095 properties, stream channels, waters, and other natural resources. The program shall
3096 include such items as local ordinances, rules, requirements for permits and land-
3097 disturbance approvals, policies and guidelines, technical materials, and requirements
3098 for plan review, inspection, and enforcement consistent with the requirements of the
3099 VESMA.
3100
3101 "Virginia Erosion and Stormwater Management Program authority" or "VESMP
3102 authority" means a locality approved by the department to operate the VESMP.
3103
3104 "Virginia Pollutant Discharge Elimination System (VPDES) permit" or "VPDES
3105 permit" means a document issued by the department pursuant to the State Water
3106 Control Law authorizing, under prescribed conditions, the potential or actual discharge
3107 of pollutants from a point source to surface waters.
3108
3109 "Virginia Stormwater BMP Clearinghouse" means a collection that contains
3110 detailed design standards and specifications for control measures that may be used in
3111 Virginia to comply with the requirements of the VESMA and associated regulations.
3112
3113 "Virginia Stormwater Management Handbook" means a collection of pertinent
3114 information that provides general guidance for compliance with the VESMA and
3115 associated regulations and is developed by the department with advice from a
3116 stakeholder advisory committee.
3117
3118 "Wasteload allocation" or "wasteload" means the portion of a receiving surface
3119 water's loading or assimilative capacity allocated to one of its existing or future point
3120 sources of pollution. Wasteload allocations are a type of water quality-based effluent
3121 limitation.
3122
3123 "Water quality technical criteria" means standards set forth in regulations adopted
3124 pursuant to the VESMA that establish minimum design criteria for measures to control
3125 nonpoint source pollution.
3126
3127 "Water quantity technical criteria" means standards set forth in regulations
3128 adopted pursuant to the VESMA that establish minimum design criteria for measures to
3129 control localized flooding and stream channel erosion.
3130
3131 "Watershed" means a defined land area drained by a river or stream, karst
3132 system, or system of connecting rivers or streams such that all surface water within the
3133 area flows through a single outlet. In karst areas, the karst feature to which water
3134 drains may be considered the single outlet for the watershed.
3135
3136 "Wetlands" means those areas that are inundated or saturated by surface water
3137 or groundwater at a frequency and duration sufficient to support, and that under normal
3138 circumstances do support, a prevalence of vegetation typically adapted for life in
3139 saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
3140 similar areas.
3141
3142 Sec. 2.1. Virginia Erosion and Stormwater Management Program Established
3143
3144 Pursuant to 62.1-44.15:27of the Code of Virginia, the City hereby establishes a
3145 Virginia Erosion and Stormwater Management Program for land-disturbinq activities
3146 and adopts the Virginia Erosion and Stormwater Management Regulation that specify
3147 standards and specifications for VESMPs promulgated by the State Water Control
3148 Board for the purposes set out in Section 1.1 of this Ordinance. The City Council of
3149 the City of Virginia Beach hereby designates the City Manager, or his designees
3150 including the Directors of Planning, Public Works, and Public Utilities or their designees
3151 as the Administrators of the Virginia Erosion and Stormwater Management Program
3152 established by this Ordinance.
3153
3154 Section 2.2. Regulated Land Disturbing Activities
3155
3156 A. Land-disturbing activities that meet one of the criteria below are regulated as
3157 follows:
3158
3159 1. Land-disturbing activity that disturbs 2,500 square feet or more, is less than
3160 one acre, not in an area of a locality designated as a Chesapeake Bay
3161 Preservation Area, and not part of a common plan of development or sale, is
3162 subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of
3163 the Virginia Erosion and Stormwater Management Regulation (Regulation).
3164
3165 2. Land-disturbing activity that disturbs 2,500 square feet or more, is less than
3166 one acre, and in an area of a locality designated as a Chesapeake Bay
3167 Preservation Area is subject to criteria defined in Article 2 (9VAC25-875-540
3168 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4
3169 (9VAC25-875-670 et seq) of Part V of the Regulation is applicable, as
3170 determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. A
3171 Chesapeake Bay Preservation Act Land-Disturbing Activity shall not be
3172 required to obtain a general Permit, but will be required to obtain a Land
3173 Disturbing Permit and be subject to an erosion and sediment control plan
3174 consistent with the requirements of the Article 2 (9VAC25-875-540 et seq.), a
3175 stormwater management plan as outlined under Article 1 (9VAC25-875-510
3176 et seq.), the technical criteria and administrative requirements for land-
3177 disturbing activities outlined in Article 3 (9VAC25-875-570) through Article 3
3178 (9VAC25-875-660)and Article 4 (9VAC25-875-680) through Article 4
3179 (9VAC25-875-730), the variance procedures of Article 3 (9VAC25-875-170)
3180 of Part II and the requirements for control measures and long-term
3181 maintenance outlined under Article 1 (9VAC25-875-535) of Part V.
3182
3183 3. Land-disturbing activity that disturbs less than one acre, but is part of a
3184 larger common plan of development or sale that disturbs one acre or more,
3185 is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and Article
3186 3 (9VAC25-875- 570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et
3187 seg) of Part V of the Regulation is applicable, as determined in accordance
3188 with 9VAC25-875-480 and 9VAC25-875-490. Single-family residences
3189 separately built and disturbing less than one (1) acre and that are part of a
3190 larger common plan of development or sale, and not located in the
3191 Chesapeake Bay Preservation Area, shall operate in accordance with the
3192 general permit and required SWPPP, but shall not be required to complete a
3193 registration statement.
3194
3195 4. Land-disturbing activity that disturbs one acre or more is subject to criteria
3196 defined in Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-
3197 570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part V is
3198 applicable, as determined in accordance with 9VAC25-875-480 and
3199 9VAC25-875-490.
3200
3201 B. Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply
3202 with the requirements of the VESMA unless otherwise required by federal law.
3203
3204 Section 3.1. Review and Approval of Plans; Prohibitions.
3205
3206 A. The VESMP Administrator shall review and approve soil erosion control and
3207 stormwater management (ESM) plans, except for activities not required to
3208 comply with the requirements of the Virqinia Erosion and Stormwater
3209 Management Act (VESMA). Activities not required to comply with VESMA are
3210 defined in 9VAC25-875-90.
3211
3212 B. A person shall not conduct any land-disturbing activity in the City until:
3213
3214 1. An application that includes a permit registration statement, if required, a soil
3215 erosion control and stormwater management plan or an executed agreement
3216 in lieu of a plan, if required, has been submitted to the VESMP Administrator.
3217
3218 2. The name of the individual who will be assisting the owner in carryinq out the
3219 activity and holds a Responsible Land Disturber certificate is submitted to the
3220 VESMP Administrator except that such certificate shall not be required
3221 where an agreement in lieu of a plan for construction of a single-family
3222 detached residential structure is provided; however, if a violation occurs
3223 during the land-disturbing activity for the single-family detached residential
3224 structure, then the owner shall correct the violation and provide the name of
3225 the individual holding a Responsible Land Disturber certificate. Failure to
3226 provide the name of an individual holding a Responsible Land Disturber
3227 certificate prior to engaging in land-disturbing activities may result in
3228 revocation of the land- disturbance approval and shall subiect the owner to
3229 the penalties provided by this Ordinance; and
3230
3231 3. The VESMP Administrator issued its land-disturbance approval. In addition
3232 as a prerequisite to engaging in an approved land-disturbing activity the
3233 name of the individual who will be assisting the owner in carrying out the
3234 activity and holds a Responsible Land Disturber certificate shall be submitted
3235 to the VESMP Administrator may waive the Responsible Land Disturber
3236 certificate requirement for an agreement in lieu of a plan for construction of a
3237 single-family detached residential structure; however, if a violation occurs
3238 during the land-disturbing activity for the single-family detached residential
3239 structure, then the owner shall correct the violation and provide the name of
3240 the individual holding a Responsible Land Disturber certificate. Failure to
3241 provide the name of an individual holding a Responsible Land Disturber
3242 certificate prior to engaging in land-disturbing activities may result in
3243 revocation of the land-disturbance approval and shall subject the owner to
3244 the penalties provided by this Ordinance.
3245
3246 C. The VESMP Administrator may require changes to an approved ESM plan in the
3247 following cases:
3248
3249 1. Where inspection has revealed that the plan is inadequate to satisfy
3250 applicable regulations or ordinances; or
3251 2. Where the owner finds that because of changed circumstances or for other
3252 reasons the plan cannot be effectively carried out, and proposed
3253 amendments to the plan, consistent with the requirements of this Ordinance,
3254 are agreed to by the VESMP Administrator and the owner.
3255
3256 D. In _order to prevent further erosion, the VESMP Administrator may require
3257 approval of an erosion and sediment control plan and a stormwater management
3258 plan for any land it identifies as an erosion impact area.
3259
3260 Prior to issuance of any land-disturbance approval, the VESMP Administrator
3261 may also require an applicant, excluding state agencies and federal entities, to
3262 submit a reasonable performance bond with surety, cash escrow, letter of credit,
3263 any combination thereof, or such other legal arrangement it finds acceptable, to
3264 ensure that it can take measures at the applicant's expense should he fail, after
3265 proper notice, within the time specified to comply with the conditions it imposes
3266 as a result of his land-disturbing activity. If the VESMP Administrator takes such
3267 action upon such failure by the applicant, it may collect from the applicant the
3268 difference should the amount of the reasonable cost of such action exceed the
3269 amount of the security held. Within sixty (60) days of the completion of the
3270 VESMP Administrators' conditions, such bond, cash escrow, letter of credit, or
3271 other legal arrangement, or the unexpended or unobligated portion thereof, shall
3272 be refunded to the applicant or terminated.
3273
3274 E. The City may enter into an agreement with an adjacent VESMP authority
3275 regarding the administration of multiiurisdictional protects, specifying who shall
3276 be responsible for all or part of the administrative procedures. Should adjacent
3277 VESMP authorities fail to reach such an agreement, each shall be responsible
3278 for administering the area of the multi►urisdictional project that lies within its
3279 jurisdiction.
3280
3281 F. No exception to, or waiver of, post-development nonpoint nutrient runoff
3282 compliance requirements shall be granted unless offsite options have been
3283 considered and found not available in accordance with subsection D of § 62.1-
3284 44.15:35 of the Code of Virginia.
3285
3286 G. The City is authorized to cooperate and enter into agreements with any federal
3287 or state agency in connection with the requirements for land-disturbing activities
3288 in accordance with $ 62.1-44.15:50 of the Code of Virginia.
3289
3290 Section 3.2. Review of a Soil Erosion Control and Stormwater Management
3291 Plan (ESM Plan).
3292
3293 The VESMP Administrator shall approve or disapprove an ESM plan according to
3294 the following:
3295
3296 1. The VESMP Administrator shall determine the completeness of any
3297 application within fifteen (15) days after receipt and shall act on any
3298 application within sixty (60) days after it has been determined by the
3299 appropriate VESMP authority to be complete.
3300 2. The VESMP Administrator shall issue either land-disturbance approval or
3301 denial and provide written rationale for any denial.
3302 3. Prior to issuinq a land-disturbance approval, the VESMP Administrator shall
3303 be _required to obtain evidence of permit coverage when such coverage is
3304 required.
3305 4. The VESMP Administrator also shall determine whether any resubmittal of a
3306 Previously disapproved application is complete within fifteen (15) days after
3307 receipt and shall act on the resubmitted application within forty-five (45) days
3308 after receipt.
3309
3310 Section 3.3. Stormwater Permit Requirement; Exemptions.
3311
3312 A. Except as provided herein, no person may engage in any land-disturbing activity
3313 until land disturbance approval has been issued by the VESMP Administrator
3314 in accordance with the provisions of this ordinance and the Regulation.
3315
3316 B. Notwithstanding any other provisions of this ordinance, the following activities
3317 are not required to comply with the requirements of this ordinance unless
3318 otherwise required by federal law:
3319
3320 1. Minor land-disturbing activities, including home gardens and individual home
3321 landscaping, repairs, and maintenance work;
3322 2. Installation, maintenance, or repair of any individual service connection;
3323 3. Installation, maintenance, or repair of any underground utility line when such
3324 activity occurs on an existing hard surfaced road, street, or sidewalk,
3325 provided the land- disturbing activity is confined to the area of the road,
3326 street, or sidewalk that is hard surfaced;
3327 4. Installation, maintenance, or repair of any septic tank line or drainage field
3328 unless included in an overall plan for land-disturbing activity relating to
3329 construction of the building to be served by the septic tank system;
3330 5. Permitted surface or deep mining operations and projects, or oil and gas
3331 operations and projects conducted pursuant to Title 45.2 of the Code of
3332 Virginia;
3333 6. Clearing of lands specifically for bona fide agricultural purposes; the
3334 management, tilling, planting, or harvesting of agricultural, horticultural, or
3335 forest crops; livestock feedlot operations; agricultural engineering operations,
3336 including construction of terraces, terrace outlets, check dams, desilting
3337 basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
3338 cultivating, contour furrowing, land drainage, and land irrigation; or as
3339 additionally set forth by the Board in regulations. However, this exception
3340 shall not apply to harvesting of forest crops unless the area on which
3341 harvesting occurs is reforested artificially or naturally in accordance with the
3342 provisions of Chapter 11 & 10.1-1100 et seq. of the Code of Virginia) or is
3343 converted to bona fide agricultural or improved pasture use as described in
3344 subsection B of$ 10.1-1163 of the Code of Virginia;
3345 7. Installation of fence and sign posts or telephone and electric poles and other
3346 kinds of posts or poles;
3347 8. Shoreline erosion control projects on tidal waters when all of the land-
3348 disturbing activities are within the regulatory authority of and approved by
3349 local wetlands boards the Marine Resources Commission or the United
3350 States Army Corps of Engineers; however, any associated land that is
3351 disturbed outside of this exempted area shall remain subject to the VESMA
3352 and the regulations adopted pursuant thereto;
3353 9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication
3354 facilities, and other related structures and facilities of a railroad company;
3355 10.Land-disturbing activities in response to a public emergency where the
3356 related work requires immediate authorization to avoid imminent
3357 endangerment to human health or the environment. In such situations, the
3358 VESMP Administrator shall be advised of the disturbance within seven days
3359 of _commencinq the land-disturbing activity, and compliance with the
3360 administrative requirements of subsection A is required within 30 days of
3361 commencing the land-disturbing activity; and
3362 11.Discharges to a sanitary sewer or a combined sewer system; that are not
3363 from a land- disturbing activity.
3364
3365 C. Notwithstanding this ordinance and in accordance with the Virginia Erosion and
3366 Stormwater Management Act, Article 2.3 ($ 62.1-44.15:24 et seq.) of Chapter
3367 3.1_of Title 62.1 of the Code of Virginia, the following activities are required to
3368 comply with the soil erosion control requirements but are not required to comply
3369 with the water quantity and water quality technical criteria, unless otherwise
3370 required by federal law:
3371
3372 1. Activities under a state or federal reclamation program to return an
3373 abandoned property to an agricultural or open land use;
3374 2. Routine maintenance that is performed to maintain the original line and
3375 grade, hydraulic capacity, or original construction of the project. The paving
3376 of an existing road with a compacted or impervious surface and
3377 reestablishment of existing associated ditches and shoulders shall be
3378 deemed routine maintenance if performed in accordance with this
3379 subsection; and
3380 3. Discharges from a land-disturbing activitv to a sanitary sewer or a combined
3381 sewer system.
3382
3383 Section 4.1. Stormwater Pollution Prevention Plan; Contents of Plans.
3384 (9VAC25-875-500)
3385
3386 A. The Stormwater Pollution Prevention Plan (SWPPP) is not required to be
3387 submitted for review and approval, however, it is a requirement of the VESMP
3388 and general permit and will be reviewed during inspections. Specific
3389 components of the SWPPP, as required by section 4-2 will be reviewed.
3390
3391 B. A stormwater pollution prevention plan shall include, but not be limited to, an
3392 approved erosion and sediment control plan, an approved stormwater
3393 management plan, a pollution prevention plan for regulated land-disturbing
3394 activities, and a description of any additional control measures necessary to
3395 address a TMDL pursuant to subsection E of this section.
3396
3397 C. A soil erosion control and stormwater management (ESM) plan consistent with
3398 the requirements of the Virginia Erosion and Stormwater Management Act
3399 NESMA) and regulations must be designed and implemented during
3400 construction activities. Prior to land disturbance, this plan must be approved by
3401 the VESMP Administrator in accordance with the VESMA, this ordinance, and
3402 attendant regulations.
3403
3404 D. A_pollution prevention plan that identifies potential sources of pollutants that may
3405 reasonably be expected to affect the quality of stormwater discharges from the
3406 construction site and describe control measures that will be used to minimize
3407 pollutants in stormwater discharges from the construction site must be
3408 developed before land disturbance commences.
3409
3410 E. In addition to the requirements of subsections A through C of this section, if a
3411 specific wasteload allocation for a pollutant has been established in an approved
3412 TMDL and is assigned to stormwater discharges from a construction activity,
3413 additional control measures must be identified and implemented by the operator
3414 so that discharges are consistent with the assumptions and requirements of the
3415 wasteload allocation.
3416
3417 F. The stormwater pollution prevention plan must address the following
3418 requirements as specified in 40 CFR 450.21, to the extent otherwise required by
3419 state law or regulations and any applicable requirements of a state permit:
3420
3421 1. Control stormwater volume and velocity within the site to minimize soil
3422 erosion;
3423 2. Control stormwater discharges, including both peak flow rates and total
3424 stormwater volume, to minimize erosion at outlets and to minimize
3425 downstream channel and stream bank erosion;
3426 3. Minimize the amount of soil exposed during construction activity;
3427 4. Minimize the disturbance of steep slopes;
3428 5. Minimize sediment discharges from the site. The design, installation and
3429 maintenance of erosion and sediment controls must address factors such as
3430 the amount, frequency, intensity and duration of precipitation, the nature of
3431 resulting stormwater runoff, and soil characteristics, including the range of
3432 soil particle sizes expected to be present on the site;
3433 6. Provide and maintain natural buffers around surface waters, direct
3434 stormwater to vegetated areas to increase sediment removal and maximize
3435 stormwater infiltration, unless infeasible;
3436 7. Minimize soil compaction and, unless infeasible, preserve topsoil;
3437 8. Stabilization of disturbed areas must, at a minimum, be initiated immediately
3438 whenever any clearing, grading, excavating, or other earth disturbing
3439 activities have permanently ceased on any portion of the site, or temporarily
3440 ceased on any portion of the site and will not resume for a period exceeding
3441 fourteen (14) calendar days. Stabilization must be completed within a period
3442 of time determined by the VESMP authority. In arid, semiarid, and drought-
3443 stricken areas where initiating vegetative stabilization measures immediately
3444 is infeasible, alternative stabilization measures must be employed as
3445 specified by the VESMP authority; and
3446 9. Utilize outlet structures that withdraw water from the surface, unless
3447 infeasible, when discharging from basins and impoundments.
3448
3449 G. The SWPPP shall be amended whenever there is a change in design,
3450 construction, operation, or maintenance that has a significant effect on the
3451 discharge of pollutants to state waters and that has not been previously
3452 addressed in the SWPPP. The SWPPP must be maintained at a central location
3453 onsite. If an onsite location is unavailable, notice of the SWPPP's location must
3454 be posted near the main entrance at the construction site. Operators shall make
3455 the SWPPP available for public review in accordance with the general permit,
3456 either electronically or in hard copy.
3457
3458 Section 4.2. Stormwater Management Plan; Contents of Plan. (9vac25- 875-
3459 510
3460
3461 A. A stormwater management plan shall be developed and submitted to the
3462 VESMP administrator. The stormwater management plan shall be implemented
3463 as approved or modified by the VESMP administrator and shall be developed in
3464 accordance with the following:
3465
3466 1. A stormwater management plan for a land-disturbing activity shall apply the
3467 stormwater management technical criteria set forth in this ordinance and
3468 Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation to the entire
3469 land-disturbing activity. Individual lots in new residential, commercial, or
3470 industrial developments, including those developed under subsequent
3471 owners, shall not be considered separate land-disturbing activities.
3472 2. A stormwater management plan shall consider all sources of surface runoff
3473 and all sources of subsurface and groundwater flows converted to surface
3474 runoff.
3475
3476 B. A complete stormwater management plan shall include the following elements:
3477
3478 1. Information on the type of and location of stormwater discharges, information
3479 on the features to which stormwater is being discharged including surface
3480 waters or karst features if present, and predevelopment and post-
3481 development drainage areas;
3482 2. Contact information including the name, address, telephone number, and
3483 email address of the owner and the tax reference number and parcel number
3484 of the property or properties affected;
3485 3. A narrative that includes a description of current site conditions and final site
3486 conditions or if allowed by the VESMP Administrator, the information
3487 provided and documented during the review process that addresses the
3488 current and final site conditions;
3489 4. A general description of the proposed stormwater management facilities and
3490 the mechanism through which the facilities will be operated and maintained
3491 after construction is complete;
3492 5. Information on the proposed stormwater management facilities, including (i)
3493 detailed narrative on the conversion to a long-term stormwater management
3494 facility if the facility was used as a temporary ESC measure; (ii) the type of
3495 facilities; NO location, including geographic coordinates; (iv) acres treated;
3496 and (v) the surface waters or karst features into which the facility will
3497 discharge;
3498 6. Hydrologic and hydraulic computations, including runoff characteristics;
3499 7. Documentation and calculations verifying compliance with the water quality
3500 and quantity requirements of these regulations;
3501 8. A map of the site that depicts the topography of the site and includes:
3502
3503 i. All contributing drainage areas;
3504 ii. Existing streams, ponds, culverts, ditches, wetlands, other water
3505 bodies, and floodplains;
3506 iii. Soil types, geologic formations if karst features are present in the
3507 area, forest cover, and other vegetative areas;
3508 iv. Current land use including existing structures, roads, and
3509 locations of known utilities and easements;
3510 v. Sufficient information on adjoining parcels to assess the impacts of
3511 stormwater from the site on these parcels:
3512 vi. The limits of clearing and grading, and the proposed drainage
3513 patterns on the site;
3514 vii. Proposed buildings, roads, parking areas, utilities, and stormwater
3515 management facilities; and
3516 viii. Proposed land use with tabulation of the percentage of surface area
3517 to be adapted to various uses, including planned locations of utilities,
3518 roads, and easements;
3519 ix. All Chesapeake Bay Preservation Area designations of Resource
3520 Protection Areas, including variable width buffers:
3521 x. All Southern Rivers Watershed buffers and nontidal wetlands,
3522 pursuant to Appendix G of the Virginia Beach City Code; and
3523 xi. Any other information reasonably necessary for an evaluation of the
3524 development activity
3525
3526 9. If an operator intends to meet the requirements established in 9VAC25-875-
3527 540 or 9VAC25-875-600 through the use of off-site compliance options,
3528 where applicable, then a letter of availability from the off-site provider must
3529 be included; and that a Stormwater Management Facilities Maintenance
3530 Agreement acceptable to the City has been recorded and that all necessary
3531 easements are in place to access and utilize the Stormwater Management
3532 Facility.
3533 10.A maintenance agreement and adequate easements shall be executed and
3534 recorded to ensure responsibility for the maintenance of any stormwater
3535 management facilities constructed under the requirements of this ordinance,
3536 unless exempted from this requirement under section 5-3, and to ensure
3537 appropriate access to such facilities for maintenance, inspection and
3538 corrective action.
3539 11. If the VESMP Administrator requires payment of a fee with the stormwater
3540 management plan submission, the fee and the required fee form in
3541 accordance with Section 5-9 of this ordinance must have been submitted.
3542
3543 C. All final plan elements, specifications, or calculations of the stormwater
3544 management plans whose preparation requires a license under Chapter 4 (§
3545 54.1-400 et seq.) or 22 (,§ 54.1- 2200 et seq.) of Title 54.1 of the Code of
3546 Virginia shall be appropriately signed and sealed by a professional who is
3547 licensed to engage in practice in the Commonwealth of Virginia. Nothing in this
3548 subsection shall authorize any person to engage in practice outside his area of
3549 professional competence.
3550
3551 Section 4.3. Pollution Prevention Plan; Contents of Plans. (9VAC25-875- 520)
3552
3553 A. A plan for implementing pollution prevention measures during construction
3554 activities shall be developed, implemented, and updated as necessary. The
3555 pollution prevention plan shall detail the design, installation, implementation, and
3556 maintenance of effective pollution prevention measures as specified in 40 CFR
3557 450.21(d) to minimize the discharge of pollutants. At a minimum, such measures
3558 must be designed, installed, implemented, and maintained to:
3559
3560 1. Minimize the discharge of pollutants from equipment and vehicle washing,
3561 wheel wash water, and other wash waters. Wash waters must be treated in a
3562 sediment basin or alternative control that provides equivalent or better
3563 treatment prior to discharge;
3564 2. Minimize the exposure of building materials, building products, construction
3565 wastes, trash, landscape materials, fertilizers, pesticides, herbicides,
3566 detergents, sanitary waste, and other materials present on the site to
3567 precipitation and to stormwater; and
3568 3. Minimize the discharge of pollutants from spills and leaks and implement
3569 chemical spill and leak prevention and response procedures.
3570
3571 B. The pollution prevention plan shall include effective best management practices
3572 to prohibit the following discharges in accordance with 40 CFR 450.21(e):
3573
3574 1. Wastewater from washout of concrete, unless managed by an appropriate
3575 control;
3576 2. Wastewater from washout and cleanout of stucco, paint, form release oils,
3577 curing compounds, and other construction materials;
3578 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
3579 maintenance; and
3580 4. Soaps or solvents used in vehicle and equipment washing.
3581
3582 C. Discharges from dewatering activities, including discharges from dewatering of
3583 trenches and excavations, are prohibited unless managed by appropriate
3584 controls in accordance with 40 CFR 450.21(c).
3585
3586 Section 4.4. Erosion and Sediment Control Plan; Contents Of Plans
3587 (9VAC25-875-550).
3588
3589 A. An erosion and sediment control plan, which is a component of the ESM plan,
3590 shall be filed for a development and the buildings constructed within, regardless
3591 of the phasing of construction. The erosion and sediment control plan shall
3592 contain all major conservation decisions to ensure that the entire unit or units of
3593 land will be so treated to achieve the conservation objectives in 9VAC25-875-
3594 560. The erosion and sediment control plan may include:
3595
3596 1. Appropriate maps;
3597 2. An appropriate soil and water plan inventory and management information
3598 with needed interpretations; and
3599 3. A record of decisions contributing to conservation treatment.
3600
3601 B. The person responsible for carrying out the plan shall provide the name of an
3602 individual holding a certificate who will be in charge of and responsible for
3603 carrying out the land- disturbing activity to the VESMP Administrator.
3604
3605 C. If individual lots or sections in a residential development are being developed by
3606 different property owners, all land-disturbing activities related to the buildinq
3607 construction shall be covered by an erosion and sediment control plan or an
3608 "Agreement in Lieu of a Plan" signed by the property owner.
3609
3610 D. Land-disturbing activity equal to or greater than 2,500 square feet on individual
3611 lots in a residential development shall not be considered exempt from the
3612 provisions of the VESMA.
3613
3614 Section 5.1. Technical Criteria for Regulated Land Disturbing Activities.
3615
3616 A. To protect the quality and quantity of state water from the potential harm of
3617 unmanaged stormwater runoff resulting from land-disturbing activities, the City
3618 hereby adopts the technical criteria for regulated land-disturbing activities set
3619 forth in Part V of 9VAC25-875 expressly to include 9VAC25-875-580 water
3620 quality design criteria requirements; 9VAC25-875-590 water quality
3621 compliance; 9VAC25-875-600 water quantity; 9VAC25-875-610 offsite
3622 compliance options; 9VAC25-875-620 design storms and hydrologic methods;
3623 9VAC25-875-630 stormwater harvesting; 9VAC25-875-640 linear development
3624 project; and, 9VAC25-875-650 stormwater management impoundment structures
3625 or facilities, which shall apply to all land-disturbing activities regulated pursuant
3626 to this ordinance except as expressly set forth in Subsection B through E of this
3627 Section.
3628
3629 B. The Public Works Design Standards Manual (PWDSM), including all future
3630 amendments thereto is hereby adopted and incorporated by reference into this
3631 Ordinance.
3632
3633 C. Design and check storms. In addition to satisfying the criteria of this section,
3634 concentrated stormwater flow shall be released into a stormwater conveyance
3635 system and shall meet all applicable criteria as outlined in the PWDSM. When a
3636 land disturbance projects that increases the impervious area by more than twenty
3637 thousand (20,000) square feet the following shall be met:
3638
3639 1. Use EPA SWMM or value enhanced SWMM programs that can directly
3640 exchange input data with EPA SWMM for hydraulic calculations; and,
3641 2. Performance upstream and downstream drainage analyses to demonstrate
3642 adequacy of the downstream system.
3643
3644 D. Design storms and hydrologic methods
3645
3646 1. Unless otherwise specified, the prescribed design storms are one hundred
3647 twenty (120) percent of the one-year, two-year, ten-year, twenty-five-year,
3648 fifty-year and one hundred-year twenty-four-hour storms using the rainfall
3649 Precipitation frequency data recommended by the U.S. National Oceanic and
3650 Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. Partial
3651 duration time series, as adiusted by the City of Virginia Beach Public Works
3652 Design Standards Manual, shall be used for the precipitation data.
3653 2. Unless otherwise specified, all hydrologic analyses shall be based on the
3654 existing watershed characteristics and how the ultimate development
3655 condition of the subject project will be addressed.
3656 3. The U.S. Department of Agriculture's Natural Resources Conservation
3657 Service (NRCS) synthetic twenty-four-hour rainfall distribution and models,
3658 including, but not limited to TR-55 and TR-20; hydrologic and hydraulic
3659 methods developed by the U.S. Army Corps of Engineers; or other standard
3660 hydrologic and hydraulic methods, shall be used to conduct the analyses
3661 described in this part. Predeveloped vs. post-developed runoff comparisons
3662 shall be performed using the same method of analysis.
3663 4. When total proposed (increased) impervious area is greater than twenty
3664 thousand (20,000) square feet of new impervious area, the hydrologic
3665 methods in the PWDSM shall apply in lieu of subsection C. above. Proiect
3666 shall use EPA SWMM or value exchanged SWMM programs that can directly
3667 exchange input data with EPA SWMM for hydrologic and hydraulic calculation
3668 E. The entire drainage area must be considered when determining the design
3669 storm and hydrologic methods. This includes both onsite and offsite
3670 contributing drainage areas. For drainage areas less than three hundred
3671 (300) acres, a ten-year, twenty-four-hour design storm event for capacity
3672 design shall be used; for drainage areas equal to or greater than three
3673 hundred (300) acres, but less than five hundred (500) acres, a twenty-five-
3674 year, twenty-four-hour design storm event shall be used; for drainage areas
3675 equal to or greater than five hundred (500) acres, a fifty-year, twenty-four-
3676 hour design storm event shall be used.
3677
3678 E. With regard to water quality compliance calculations the City's Stormwater
3679 Drainage Basin boundary shall be used in lieu of the HUC boundaries for
3680 pollutant load reduction calculations except in the Lower Southern Rivers
3681 drainage basin where HUCs have been combined.
3682
3683 F. Any land-disturbing activity shall be considered grandfathered and shall be
3684 subject to Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation
3685 provided:
3686
3687 1. A proffered or conditional zoning plan, zoning with a plan of development,
3688 preliminary or final subdivision plat, preliminary or final site plan, or any
3689 document determined by the City to be equivalent thereto (i) was approved by
3690 the City prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-875-
3691 670, NO will comply with the technical criteria of Article 4 of Part V of
3692 9VAC25-875, and (iv) has not been subsequently modified or amended in a
3693 manner resulting in an increase in the amount of phosphorus leaving each
3694 point of discharge, and such that there is no increase in the volume or rate of
3695 runoff:
3696 2. A permit has not been issued prior to July 1, 2014; and
3697 3. Land disturbance did not commence prior to July 1, 2014.
3698
3699 G. Locality, state, and federal projects shall be considered grandfathered by the City
3700 and shall be subject to the technical criteria of Article 4 of Part V of 9VAC25- 875
3701 provided:
3702
3703 1. There has been an obligation of locality, state, or federal funding, in whole or
3704 in part, prior to July 1, 2012, or the department has approved a stormwater
3705 management plan prior to July 1, 2012;
3706 2. A permit has not been issued prior to July 1, 2014; and
3707 3. Land disturbance did not commence prior to July 1, 2014.
3708
3709 H. Land disturbing activities grandfathered under subsections A and B of this section
3710 shall remain subject to the technical criteria of Article 4 of Part V of 9VAC25-875-
3711 490 et seq for one additional permit cycle. After such time, portions of the proiect
3712 not under construction shall become subject to any new technical criteria
3713 adopted by the board.
3714
3715 I. In cases where governmental bonding or public debt financing has been issued
3716 for a project prior to July 1, 2012, such project shall be subject to the technical
3717 criteria of Article 4 of Part V of 9VAC25-875-490 et seq.
3718
3719 J. Nothing in this section shall preclude an operator from constructing to a more
3720 stringent standard at its discretion.
3721
3722 Section 5.2. Variances.
3723
3724 A. The Administrator may grant variances to the technical requirements of Section
3725 5.1 in accordance with 9VAC25-875-170 excluding Section 5.1 C and D,
3726 provided that:
3727
3728 1. The variance will not substantially increase the flow rate of stormwater
3729 runoff;
3730 2. The variance will not have an adverse impact on a wetland, channel, water
3731 body or upstream or downstream of a receiving body of water;
3732 3. The variance will not contribute to the degradation of water quality;
3733 4. The variance will not be of substantial detriment to adjacent property or
3734 adversely affect the character of adjoining neighborhoods.
3735
3736 Section 5.3. Long-Term Maintenance of Permanent Stormwater Facilities.
3737
3738 A. The operator shall submit an as-built survey drawing for permanent stormwater
3739 management facilities to the VESMP Administrator in accordance with 9VAC25-
3740 875-535. The as-built survey drawing shall contain a statement signed by a
3741 professional registered in the Commonwealth of Virginia pursuant to Chapter 4
3742 of Title 54.1 of the Code of Virginia, stating that to the best of their knowledge,
3743 the construction record drawing shows all adjustments and revisions to the
3744 Stormwater Management Plan made during construction and serve as a
3745 permanent record of the actual location of all constructed elements.
3746
3747 B. The VESMP Administrator shall require the provision of long-term responsibility
3748 for maintenance of stormwater management facilities and other techniques
3749 specified to manage the quality and quantity of runoff. Such requirements shall
3750 be set forth in a Stormwater Management Facilities Maintenance Agreement
3751 recorded in the local land records of the Virginia Beach Circuit Court, prior to
3752 issuance of a VESMP permit and shall:
3753
3754 1. Be submitted to the VESMP Administrator for review and approval prior to the
3755 approval of the stormwater management plan and the VESMP permit;
3756 2. Be stated to run with the land;
3757 3. Provide for all necessary access to the property for purposes of
3758 maintenance and regulatory inspections;
3759 4. Provide for inspections and maintenance and the submission of inspection
3760 and maintenance reports to the VESMP Administrator; and
3761 5. Be enforceable by all appropriate governmental parties.
3762 6. Be approved for legal sufficiency by the City Attorney.
3763
3764 C. A recorded instrument is not required for stormwater management facilities
3765 designed to treat stormwater runoff primarily from an individual residential lot on
3766 which they are located. An agreement in lieu of plan shall be entered into that
3767 provides an enforceable mechanism to ensure future maintenance of such
3768 facilities.
3769
3770 D. The VESMP Administrator has developed a strategy for addressing
3771 maintenance of stormwater management facilities designed to treat stormwater
3772 runoff primarily from an individual residential lot on which they are located. Such
3773 a strategy may include periodic homeowner inspections, homeowner outreach
3774 and educations or other method targeted at promoting the long-term
3775 maintenance of such facilities. Such facilities shall not be subject to the
3776 requirement for an inspection to be conducted by the Administrator.
3777
3778 Section 5.4. Monitoring and Inspections.
3779
3780 A. The VESMP Administrator shall inspect the land-disturbing activity during
3781 construction for:
3782
3783 1. Compliance with the approved erosion and sediment control plan;
3784 2. Compliance with the approved stormwater management plan;
3785 3. Development, updating, and implementation of a pollution prevention plan;
3786 and Development and implementation of any additional control measures
3787 necessary to address a TMDL.
3788
3789 B. The VESMP Administratorl shall conduct periodic inspections on all projects
3790 during construction. The VESMP Administrator shall either:
3791
3792 1. Provide for an inspection during or immediately following initial installation of
3793 erosion and sediment controls, at least once in every two-week period, within
3794 48 hours following any runoff producing storm event, and at the completion
3795 of the project prior to the release of any performance bonds; or
3796 2. Establish an alternative inspection program which ensures compliance with
3797 the approved erosion and sediment control plan. Any alternative inspection
3798 program shall be:
3799
3800 i. improved by the department prior to implementation;
3801 ii. Established in writing;
3802 iii. Based on a system of priorities that, at a minimum, address
3803 the amount of disturbed project area, site conditions and
3804 stage of construction; and
3805 iv. Documented by inspection records.
3806
3807 C. The VESMP Administrator shall establish an inspection program that ensures
3808 that permanent stormwater management facilities are being adequately
3809 maintained as designed after completion of land-disturbing activities. Inspection
3810 programs shall:
3811
3812 1. Be approved by the department;
3813 2. Ensure that each stormwater management facility is inspected by the
3814 VESMP Administrator, or its designee, not to include the owner, except as
3815 provided in subsections D and E of this section, at least once every five
3816 years; and
3817 3. Be documented by records.
3818
3819 D. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the City may require every
3820 VESMP permit applicant or permittee, or any such person subiect to VESMP
3821 authority permit requirements under this Ordinance, to furnish when requested
3822 such application materials, plans, specifications, and other pertinent information
3823 as may be necessary to determine the effect of his discharge on the quality of
3824 state waters, or such other information as may be necessary to accomplish the
3825 purposes of this Ordinance.
3826
3827 Section 5.5. Hearings.
3828
3829 A. Any permit applicant or permittee, or person subject to Ordinance requirements,
3830 aggrieved by any action of the City taken in regard to the Ordinance without a
3831 formal hearing, may demand in writinq a formal hearing by the Stormwater
3832 Appeals Board, who is designated by the City Council as its appeals body,
3833 provided application requesting such hearing is filed with the VESMP
3834 Administrator within thirty (30) days after notice of such action is given by the
3835 Administrator.
3836
3837 B. The hearings held under this Section shall be conducted by the Stormwater
3838 Appeals Board at any time and place authorized by the Stormwater Appeals
3839 Board but should be scheduled within sixty (60) days of the notice of appeal.
3840
3841 C. A verbatim record of the proceedings of such hearings shall be taken and filed
3842 with the Stormwater Appeals Board. Depositions may be taken and read as in
3843 actions at law.
3844
3845 D. The Stormwater Appeals Board shall have power to issue subpoenas and
3846 subpoenas duces tecum, and at the request of any party shall issue such
3847 subpoenas. The failure of a witness without legal excuse to appear or to testify
3848 or to produce documents shall be acted upon by the local governing body, or its
3849 designated member, whose action may include the procurement of an order of
3850 enforcement from the circuit court. Witnesses who are subpoenaed shall receive
3851 the same fees and reimbursement for mileage as in civil actions.
3852
3853 Section 5.6. Appeals.
3854
3855 A. The standard of appeal shall be as listed in section 5.2, Variances, of this
3856 Ordinance. The Board's authority is to hear appeals and determine if the
3857 VESMP Administrator's decisions and variances regarding interpretation and
3858 implementation of this ordinance are valid. The Board should examine the
3859 evidence presented to the department of any additional evidence that is
3860 relevant.
3861
3862 B. The time limitations above shall not commence until the application is complete,
3863 including a fee of five hundred dollars ($500.00), and all documentation.
3864
3865 C. Within thirty (30) days of the decision of the Stormwater Appeals Board a
3866 decision entered pursuant to section 5.2 may be appealed to the Circuit Court of
3867 the City of Virginia Beach. The petition for appeal shall be filed in writing within
3868 thirty (30) days of the date of the decision, determination, or action, shall clearly
3869 state the grounds on which the appeal is based.
3870
3871 Section 5.7. Right of Entry.
3872
3873 A. The VESMP Administrator may, at reasonable times and under reasonable
3874 circumstances, enter any establishment or upon any property, public or private,
3875 for the purpose of obtaining information or conducting surveys or investigations
3876 necessary in the enforcement of the provisions of this ordinance if such property
3877 is_subiect to a Stormwater Managements Facility Maintenance Agreement or
3878 Agreement in Lieu.
3879
3880 B. In accordance with a performance bond with surety, cash escrow, letter of
3881 credit, any combination thereof, or such other legal arrangement, The VESMP
3882 Administrator may also enter any establishment or upon any property, public or
3883 private, for the purpose of initiating or maintaining appropriate actions that are
3884 required by conditions imposed by the City on a land-disturbing activity when an
3885 owner, after proper notice, has failed to take acceptable action within the time
3886 specified.
3887
3888 Section 5.8. Enforcement.
3889
3890 A. If the VESMP Administrator determines that there is a failure to comply with the
3891 City permit conditions or determines there is an unauthorized discharge, notice
3892 shall be served upon the permittee or person responsible for carrying out the
3893 permit conditions by any of the following: verbal warnings and inspection
3894 reports, notices of corrective action, consent special orders, and notices to
3895 comply. Written notices shall be served by registered or certified mail to the
3896 address specified in the permit application or by delivery at the site of the
3897 development activities to the agent or employee supervising such activities.
3898
3899 1. The notice shall specify the measures needed to comply with the permit
3900 conditions and shall specify the time within which such measures shall be
3901 completed. Upon failure to comply within the time specified, a stop work
3902 order may be issued in accordance with Subsection 2 or the permit may be
3903 revoked by the Administrator.
3904 2. If a permittee fails to comply with a notice issued in accordance with this
3905 Section within the time specified, the VESMP Administrator may issue an
3906 order requiring the owner, permittee, person responsible for carrying out an
3907 approved plan, or the person conducting the land-disturbing activities without
3908 an approved plan or required permit to cease all land-disturbing activities
3909 until the violation of the permit has ceased, or an approved plan and required
3910 permits are obtained, and specified corrective measures have been
3911 completed.
3912
3913 Such orders shall be issued in accordance with the provisions of this
3914 Ordinance, State law and regulations. Such orders shall become effective
3915 upon service on the person by certified mail, return receipt requested, sent to
3916 his address specified in the land records of the locality, or by personal
3917 delivery by an agent of the Administrator. However, if the VESMP
3918 Administrator finds that any such violation is grossly affecting or presents an
3919 imminent and substantial danger of causing harmful erosion of lands or
3920 sediment deposition in waters within the watersheds of the Commonwealth
3921 or otherwise substantially impacting water quality, it may issue, without
3922 advance notice or hearing, an emergency order directing such person to
3923 cease immediately all land- disturbing activities on the site and shall provide
3924 an opportunity for a hearing, after reasonable notice as to the time and place
3925 thereof, to such person, to affirm, modify, amend, or cancel such emergency
3926 order. If a person who has been issued an order is not complying with the
3927 terms thereof, the VESMP Administrator may institute a proceeding for an
3928 injunction, mandamus, or other appropriate remedy in accordance with
3929 Subsection 5.8.C.
3930
3931 B. In addition to any other remedy provided by this Ordinance, if the VESMP
3932 Administrator or his designee determines that there is a failure to comply with
3933 the provisions of this Ordinance, they may initiate such informal and/or formal
3934 administrative enforcement procedures in a manner that is consistent with the
3935 provisions of this Ordinance, State law and regulations.
3936
3937 C. Any person violating or failing, neglecting, or refusing to obey any rule,
3938 regulation, ordinance, order, approved standard or specification, or any permit
3939 condition issued by the VESMP Administrator may be compelled in a
3940 proceeding instituted in the Virginia Beach Circuit Court by the City to obey
3941 same and to comply therewith by injunction, mandamus or other appropriate
3942 remedy.
3943
3944 D. Any person violating or failing, neglecting, or refusing to obey any rule,
3945 regulation, ordinance, order, approved standard or specification, or any permit
3946 condition issued by the VESMP Administrator shall be subject to a civil penalty,
3947 ordered by the Circuit Court, not to exceed thirty-two thousand five hundred
3948 dollars ($32,500.00) for each violation within the discretion of the court. Each
3949 day of violation of each requirement shall constitute a separate offense.
3950
3951 1. Violations for which a penalty may be imposed under this Subsection shall
3952 include but not be limited to the following:
3953
3954 i. No state permit registration;
3955 ii. No SWPPP;
3956 iii. Incomplete SWPPP;
3957 iv. SWPPP not available for review;
3958 v. No approved erosion and sediment control plan;
3959 vi. Failure to install stormwater BMPs or erosion and sediment controls;
3960 vii. Stormwater BMPs or erosion and sediment controls improperly
3961 installed or maintained;
3962 viii. Operational deficiencies;
3963 ix. Failure to conduct required inspections;
3964 x. Incomplete, improper, or missed inspections; and
3965 xi. Discharges not in compliance with the requirements of 9VAC25-880-70.
3966
3967 2. The City may issue a summons for collection of the civil penalty and the
3968 action may be prosecuted in the appropriate court.
3969 3. In imposing a civil penalty pursuant to this Subsection, the court may
3970 consider the degree of harm caused by the violation and also the economic
3971 benefit to the violator from noncompliance.
3972 4. Any civil penalties assessed by a court as a result of a summons issued by
3973 the City shall be paid into the treasury of the City to be used for the purpose
3974 of minimizing, preventing, managing, or mitigating pollution of the waters of
3975 the locality and abating environmental pollution therein in such manner as the
3976 court may, by order, direct.
3977
3978 E. Notwithstanding any other civil or equitable remedy provided by this ordinance
3979 or by law, any person who willfully or negligently violates any provision of this
3980 ordinance, any order of the Administrator, any condition of a permit, or any order
3981 of a court shall, be guilty of a misdemeanor punishable by confinement in Mail for
3982 not more than twelve (12) months or a fine of not less than two thousand five
3983 hundred dollars ($2,500), or both.
3984
3985 Section 5.9. Fees.
3986
3987 A. In instances when an erosion and sediment control only plan is submitted, a
3988 plan review fee in the amount of one hundred dollars ($100.00) shall be
3989 required.
3990
3991 B. The City of Virginia Beach Land Disturbing Activity and Stormwater permit
3992 requires both permit and inspection fees. This includes a permit fee in the
3993 amount of seventy-five dollars ($75.00) and inspection fee in the amount of one
3994 and five-tenths (1.5) percent of the total cost of construction as provided in the
3995 engineer's cost estimate for the stormwater management system, with a fifty-
3996 dollar ($50.00) minimum. Such fees shall be submitted to the Director of
3997 Planning or his designee and made payable to the treasurer of the City of
3998 Virginia Beach.
3999
4000 C. Fees to cover costs associated with implementation of a VESMP related to land
4001 disturbing activities and issuance of general permit coverage and VESMP
General / Stormwater Management — Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $6,912 $2,688
land disturbance acreage equal to or greater than 100
acres
4010
4011 * If the proiect is completely administered by the department such as may be the
4012 case for a state or federal project or projects covered by individual permits, the
4013 entire applicant fee shall be paid to the department.
4014
4015 D. Fees for the modification or transfer of registration statements from the _general
4016 permit issued by the department shall be imposed in accordance with Table 2. If
4017 the general permit modifications result in changes to stormwater management
4018 plans that require additional review by the City such reviews shall be subject to
4019 the fees set out in Table 2. The fee assessed shall be based on the total disturbed
4020 acreage of the site. In addition to the general permit modification fee,
4021 modifications resulting in an increase in total disturbed acreage shall pay the
4022 difference in the initial permit fee paid and the permit fee that would have applied
4023 for the total disturbed acreage in Table 1.
4024
4025 Table 2: Fees for the modification or transfer of registration statements for
4026 the General Permit for Discharges of Stormwater from Construction
4027 Activities
4028
Type of Permit Fee
Amount
General / Stormwater Management—Small Construction Activity/Land
Clearing (Areas within common plans of development or sale with land 20
disturbance acreage less than 1 acre)
General / Stormwater Management— Small Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 and less than 200
5 acres
General / Stormwater Management — Large Construction Activity/Land
Clearing
Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and 250
less than 10 acres)
General / Stormwater Management — Lar e Construction Activit /Land
Clearing Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and 300
less than 50 acres)
General / Stormwater Management — Large Construction Activity/Land
Clearing Sites or areas within common plans of development or sale 450
with land disturbance acreage equal to or greater than 50 acres and
4002 authority permits shall be imposed in accordance with Table 1 . When a site or
4003 sites has been purchased for development within a previously permitted
4004 common plan of development or sale, the applicant shall be subject to fees
4005 ("total fee to be paid by applicant" column) in accordance with the disturbed
4006 acreage of their site or sites according to Table 1.
4007
4008 Table 1: Fees for Stormwater Plan Review and Construction General Permit
4009
City Fee paid
Fee type Stormwater directly to the
Plan Review Department
Fee
Chesapeake Bay Preservation Act Land-Disturbing Single Family:
Activity (not subject to General Permit coverage; sites
within designated areas of Chesapeake Bay Act Duplex: $205 $0
localities with land-disturbance acreage equal to or All Others:
greater than 2,500 square feet and less than 1 acre) 600
General / Stormwater Management - Small Single Family:
Construction Activity/Land Clearing (Areas within $00
common plans of development or sale with land Duplex: $205 Lo
disturbance acreage less than 1 acre.) All Others:
600
General / Stormwater Management - Small Single Family:
Construction Activity/Land Clearing (Sites or areas N Single Family:
within common plans of development or sale with land Duplex: $205
disturbance acreage equal to or greater than 1 acre All Others: All Others: $756
and less than 5 Acres) 1 944
General / Stormwater Management — Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $2,448 952
land disturbance acreage equal to or greater than 5
acres and less than 10 acres)
General / Stormwater Management — Large
Construction Activity/Land Clearing [Sites or areas
within common plans of development or sale with $3,240 $1,260
land disturbance acreage equal to or greater than 10
acres and less than 50 acres]
General / Stormwater Management — Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $4,392 $1,708
land disturbance acreage equal to or greater than 50
acres and less than 100 acres)
less than 100 acres)
General / Stormwater Management— Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale 700
with land disturbance acreage equal to or greater than 100 acres)
4029
4030 E. The following annual permit maintenance shall be imposed in accordance with
4031 Table 3, including fees imposed on expired permits that have been
4032 administratively continued. With respect to the general permit these fees shall
4033 apply until the permit coverage is terminated.
4034
4035 Table 3: Permit Maintenance Fees
Type of Permit Fee Amount
Chesapeake Bay Preservation Act Land-Disturbing Activity
(not subject to General Permit coverage sites within
designated areas of Chesapeake Bav Act localities with land- 50
disturbance acreage equal to or greater than 2,500 square fee
and less than 1 acre)
General / Stormwater Management — Small Construction
Activity/Land Clearing (Areas within common plans of
development or sale with land disturbance acreage less than 1 50
acre
General / Stormwater Management — Small Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance equal to or 400
greater than 1 acre and less than 5 acres)
General / Stormwater Management— Large Construction
Activity/Land Clearing (Sites or areas within common plans
of development or sale with land disturbance acreage equal 500
to or greater than 5 acres and less than 10 acres)
General / Stormwater Management — Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to 650
or greater than 10 acres and less than 50 acres)
General / Stormwater Management — Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to 900
or greater than 50 acres and less than 100 acres)
General / Stormwater Management— Large Construction
Activity/Land Clearing (Sites or areas within common plans
of development or sale with land disturbance acreage equal to $1,400
or greater 100 acres)
4036
4037 General permit coverage maintenance fees shall be paid annually to the City, by the
4038 anniversary date of general permit coverage. No permit will be reissued or
4039 automatically continued without payment of the required fee. General permit coverage
4040 maintenance fees shall be applied until a Notice of Termination is effective.
4041
4042 F. The fees set forth in Subsections A through C of this section, shall apply to:
4043
4044 1. All persons seeking coverage under the general permit.
4045 2. All permittees who request modifications to or transfers of their existing
4046 registration statement for coverage under a general permit.
4047 3. Persons whose coverage under the general permit has been revoked
4048 shall apply to the department for an Individual Permit for Discharqes of
4049 Stormwater from Construction Activities.
4050
4051 G. Permit and permit coverage maintenance fees outlined under Section 5.9 may
4052 apply to each general permit holder.
4053
4054 H. No_o general permit application fees will be assessed to:
4055
4056 1. Permittees who request minor modifications to general permits as defined in
4057 Section 1.2 of this ordinance. Permit modifications at the request of the
4058 permittee resulting in changes to stormwater management plans that require
4059 additional review by the VESMP Administrator shall not be exempt pursuant
4060 to this Section.
4061 2. Permittees whose general permits are modified or amended at the initiative
4062 of the department, excluding errors in the registration statement identified by
4063 the VESMP Administrator or errors related to the acreage of the site.
4064
4065 I. All incomplete payments will be deemed as non-payments, and the applicant
4066 shall be notified of any incomplete payments. Interest may be charged for late
4067 payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia
4068 and is calculated on a monthly basis at the applicable periodic rate. A ten (10)
4069 percent late payment fee shall be charged to any delinquent (over ninety (90)
4070 days past due) account. The City shall be entitled to all remedies available under
4071 the Code of Virginia in collecting any past due amount.
4072
4073 Section 5.10. Performance Bond (4VAC50-60-104.D and Code -4 603.8(A))
4074
4075 A. Prior to issuance of any permit, the applicant shall be required to submit a
4076 reasonable performance bond with surety, cash escrow, letter of credit, any
4077 combination thereof, or such other legal arrangement acceptable to the City
4078 Attorney, to ensure that measures could be taken by the City at the
4079 applicant's expense should he fail, after proper notice, within the time specified to
4080 initiate or maintain appropriate actions which may be required of him by the
4081 permit conditions as a result of his land disturbing activity. If the City takes such
4082 action upon such failure by the applicant, the City may collect from the applicant
4083 for the difference should the amount of the reasonable cost of such action
4084 exceed the amount of the security held, if any. Within sixty (60) days of the
4085 completion of the requirements of the permit conditions, such bond, cash escrow,
4086 letter of credit or other legal arrangement, or the unexpended or unobligated
4087 portion thereof, shall be refunded to the applicant or terminated.
4088
4089 B. Prior to the issuance of any certificate of occupancy as required in Chapter 8 of
4090 these Ordinances, or the final release of any permit authorizing a land-disturbing
4091 activity, all disturbed or denuded areas shall be stabilized in accordance with the
4092 Virginia Erosion and Stormwater Management Regulations by such methods as,
4093 but not limited to, temporary seeding, permanent seeding, sodding or soil
4094 stabilization blankets and matting. A temporary certificate of occupancy may be
4095 issued without the required soil stabilization if the failure to stabilize is due to
4096 circumstances beyond the control of the permit holder.
4097
4098 Section 5.11. Severability
4099
4100 Each separate provision of this Ordinance is deemed independent of all other
4101 provisions herein so that if any provision or provisions of this Ordinance be declared
4102 invalid, all other provisions thereof shall remain valid and enforceable.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th day
of September 2024,
APPROVED AS TO CONTENT- APPROVED AS TO CONTENT:
t/
� 3
Planning Department Department of Public Works
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Public Uti ties Ci ttorney's Office
CA16531
R-3
September 11,2024
43
ITEM— V.K.4
ORDINANCESIRESOL UTION
ITEM#76154
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to AMEND the Economic Development Investment Program
("EDIP')Policy and Procedure
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 ORDINANCE TO AMEND THE ECONOMIC
2 DEVELOPMENT INVESTMENT PROGRAM
3 ("EDIP") POLICY AND PROCEDURE
4
5 WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach
6 (the "City Council") and the City of Virginia Beach Development Authority (the
7 "Authority") approved the Economic Development Investment Program Policy and
8 Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development
9 Investment Program ("EDIP") funds is made in the public interest and is in furtherance
10 of the purposes for which the EDIP was established;
11
12 WHEREAS, on March 21, 2006 and March 28, 2006, the Authority and City
13 Council approved amendments to the EDIP Policy to further the City's goals to convert
14 certain property in APZ-1 and Clear Zone areas to uses that conform to the APZ-1
15 Ordinance (the "APZ-1 Amendments");
16
17 WHEREAS, on September 21, 2010 and September 28, 2010, the Authority and
18 City Council approved further amendments to the EDIP Policy to allow for
19 reimbursement of additional expenses, to allow incentives for additional job creation and
20 to clarify the APZ-1 Amendments;
21
22 WHEREAS, on January 15, 2019 and March 19, 2019, the Authority and City
23 Council approved additional amendments to the EDIP Policy to, among other things,
24 clarify definitions, qualification, reporting requirements and the process for making and
25 paying awards;
26
27 WHEREAS, on April 28, 2020 and May 12, 2020, City Council and the Authority
28 approved the addition of Part E to the EDIP Policy to temporarily allow the Authority to
29 make emergency assistance grants to small businesses impacted by the COVID-19
30 Pandemic for the duration of the declared local emergency;
31
32 WHEREAS, on February 20, 2024, subject to City Council approval, the Authority
33 approved further amendments to the EDIP Policy to (i) more closely align with the policy
34 governing the implementation of the Commonwealth Opportunity Fund, (ii) adjust the
35 thresholds for awards based on job creation or retention, (iii) clarify the required
36 documentation for the disbursement of awards, and (iv) remove Part E from the EDIP
37 Policy as the local emergency justifying its inclusion has ended and all awards made
38 under Part E have been fully administered;
39
40 WHEREAS, on June 18, 2024, subject to City Council approval, the Authority
41 approved the addition of Part F to the EDIP Policy to allow the Authority to make grants
42 to qualifying small, women-owned, minority-owned, veteran-owned and service-disabled
43 veteran-owned businesses; and
44
45 WHEREAS, the changes between the current EDIP Policy and the new EDIP
46 Policy are shown in a blackline comparison attached hereto as Exhibit A, and the clean
47 version is attached hereto as Exhibit B.
48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
49 VIRGINIA BEACH, VIRGINIA:
50
51 1. That the amendments to the EDIP Policy are hereby approved in the form
52 attached hereto as Exhibit B; and
53
54 2. That the Mayor is hereby authorized to execute the amended EDIP Policy
55 on behalf of the City.
56
57 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17 th
58 dayof September 2024
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY:
Econo c Development City Attorney
CA15785
\\vbgov.com\dfs1\applicaoonstcitylaw\cycom32\wpdocs\d015\p049\00945784.doc
September 6, 2024
R-1
(2024 REVISIONS)
2019 Revision « c 1 o)
EXHIBIT A
ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM
POLICY AND PROCEDURE
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was
created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amen and as codified by
§ 15.2-4900 et. seq. of the Code of Virginia(collectively, the "Act"); -
.40
WHEREAS, one of the primary purposes of the Act is to enable development authorities
"to promote industry and develop trade by inducing manufacturing, industrial, governmental,
nonprofit and commercial enterprises to locate in or remain in the Commonwealth....";
WHEREAS, pursuant to § 15.2-4905(6), the Authority has the power, inter alia, "to sell,
exchange,donate and convey any or all of its facilities or properties whenever its board of directors
shall find any such action to be in furtherance of the purposes for which the authority was
organized";
WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the
development of industry in the area within its jurisdiction... [and] may accept, and expend for the
purposes stated above,money from any public or private source....";
WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is
authorized and empowered to make appropriations and to provide funds for the operation of the
Authority and to fiuther its purposes";
WHEREAS,the economic development goals and objectives of the City include achieving
a higher ratio of nonresidential to residential real estate assessments, investing in land and
infrastructure to benefit future economic growth, and maximizing the return of economic
development efforts through the development and implementation of programs and strategies that
facilitate new business investment and encourage retention and expansion activities thereby
improving the overall quality of life in the City;
WHEREAS, while the Authority and City desire to promote all sectors of growth, the
Authority and the Department of Economic Development (the "Department") have identified
certain industries to target for growth and expansion in the City (the "Key Industries"), and the
Key Industries, which may be updated from time to time, are identified on the Department's
website,www.yesvirginiabeach.com ;
WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest
employer in the City, and investments and economic development efforts aimed at retaining NAS
Oceana as a master jet base are critical to the City's economic"health";
1
(2024 REVISIONS)
WHEREAS, the City has established the Economic Development Investment Program
("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and
objectives;
WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City
Council has determined that it would be in the best interests of the City to provide EDIP
appropriations to the Authority to enable the Authority to more effectively continue its efforts to
foster and stimulate economic development by (i) inducing businesses to locate or remain in the
City; and (ii) providing incentives to qualifying developers and property owners for the
development or redevelopment of under improved or underdeveloped properties, or brownfields,
grey fields, or abandoned or blighted properties in areas of the City which have been designated
as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment
Areas" or "Opportunity Zones" (as defined in the Internal Revenue Code), including infill
development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth
Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as
"Target Areas;" and
WHEREAS,the City and the Authority have agreed that the provision of funds in the EDIP
account to the Authority for economic development purposes, and the subsequent provision of
such funds by the Authority to qualifying recipients, should be subject to policies and procedures
which will ensure that the expenditure of such funds is in the public interest and is in furtherance
of the purposes for which the EDIP was established; and
WHEREAS, awards made under this Policy are at the sole legislative discretion of the
Authority, and nothing herein should be deemed or interpreted as an entitlement to an award.
NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach
Development Authority hereby adopt the following Economic Development Investment Program
Policy and Procedures (the "Policy"):
DEFINITIONS:
Unless otherwise defined, the following terms shall have the following meanings in this
Policy:
a. "Applicant" means the business, owner, or developer that submits an
application pursuant to this Policv.
b. "Average Annual Wage" means the average annual wage in Virginia Beach as
calculated by the Virginia Employment Commission. Currently, the Average
Annual Wage is$58,032.The Average Annual Wage shall be adjusted quarterly
as the Virginia Employment Commission releases updated calculations.
mac."Capital Investment" means a capital expenditure in taxable real property,
taxable tangible personal property, or both at the Project in the City of Virginia
Beach. The Authority may, in its discretion, determine that the value of
machinery and equipment leased under an operating lease will qualify as a
2
i
capital investment. The Authority may also,in its discretion, consider Capital
Investments made by third parties at the Project for the overall benefit of the
Project,and/or the value of moveable equipment retained by a business that was
considering relocating outside of the City of Virginia Beach. Except for good
cause found by the Authority, the cost of the acquisition of land and existing
buildings will not count toward the required capital investment thresholds
unless the land and existing buildings are being purchased from a governmental
entity and are being returned to the tax rolls. If a Project is also receiving an
incentive from the Commonwealth based in part on Coital Investment the
Authority may accqpt the evidence presented to the gppropriate agency of the
Commonwealth to establish the amount of Capital Investment for purposes of
compliance with this Policy.
d. "Maintain" means that the New Jobs will continue without interruption from
the date of creation through the Performance Period. Positions for the New Jobs
will be treated as Maintained during periods in which such positions are not
filled due to (i) temporary reductions in the grantee's employment levels (so
long as there is active recruitment for open positions), (ii)strikes and(iii)other
temporary work stoppages.
l}e. "New Job" means a ")v�, nent ffill funs ,employment of indefinite
duration-at, created as the ProjeAdirect result of the private investment, for
which the firm pays the wages and provides standard fringe benefits are
pr-evidedby the fortheits employee. Each new job must equ e
requiring a minimum of either (i) 35 hours of an `mploye the employee's
time pera week for the entire normal year of the eempany'sfirm's operations,
which " ormal year'-"'' must includeconsist of at least 48 weeks;or (ii) 1,680
hours per year. Seasonal or temporary positions, positions created when a job
function is shifted from an existing location in Virginia Beach to the location
of the economic development project unless the Authority makes a finding that
the job is a "Retained Job" as required by Part A(6)(d) positions with
construction contractors, suppliers and multiplier or spin-off jobs may not
qualify as new job. Net new jobs for contractors or employees of contractors
who are located in Virginia Beach and provide dedicated full-time service to
the Applicant may count as New Jobs (as determined by the Authority even
though the Applicant is not directly paving the wages or providing the fringe
benefits if the other conditions set forth in this paragraph have been satisfied
Jobs Qualifying as "Teleworking Jobs" may be considered by the Authority so
long as those jobs are identified by the Applicant and the other conditions of
this paragraph are satisfied.
f. "Performance Period"means the time an Applicant is given to satisfy the terms
of an award, usually thirty-six (36) months from the date of an award is
approved by the Authority or such later period as is specified in the
requirements of a matching ant provided by the Virginia Economic
3
i
Development Partnership,the Commonwealth Opportunity Fund or some other
grant program administered by the Commonwealth.
Eg_"Project"means the facility or facilities where a recipient of an award under
this Policy has located from outside the City of Virginia Beach, or remained in
the City of Virginia Beach or expanded its operations within the City of Virginia
Beach and for which Capital Investment, New Jobs or direct tax revenues
returned to the City are considered as a basis for an award under this Policy.
h. "Retained Job" means employment of indefinite duration retained in the City
of Virginia Beach as direct result of the private investment, for which the firm
pays the wages and provides standard fringe benefits for its employee, q_uiring
a minimum of either (i) 35 hours of the employee's time a week for the entire
normal year of the firm's operations, which "normal year" must consist of at
least 48 weeks or (ii) 1,680 hours per year. Seasonal or temporary positions
positions retained when a job function is shifted from an existing location in
Virginia Beach to the location of the economic development project unless the
Authority makes a finding required in Part A,�6)(d), positions with construction
contractors, suppliers, and multiplier or spin-off jobs may not qualify as a
retained job. Retained jobs for contractors or employees of contractors who are
located in Virginia Beach and provide dedicated full-time service to the
Applicant may count as Retained Jobs (as determined by the Authority) even
though the Applicant is not directly paying the wages or providing the fringe
benefits if the other conditions set forth in this paragraph have been satisfied.
Retained Jobs qualifying as "Teleworking Jobs" may be considered by the
Authority so long, as those jobs are identified by the Applicant and the other
conditions of this,paragraph are satisfied.
i. "Teleworking Job"means an employee who works from home or from or from
_ t location than the Project, where that employee physically reports to
the Project two or more days a week. Fully remote workers residing outside
of Virginia, or more than one hundred and fifteen (115) miles from Virginia
Beach will not be considered as a "Teleworking Job" when calculating
eligibility or performance of an award under this Policy.
GG lD
PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING BUSINESSES.
1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall
be to enhance the ability of the Authority to implement the purposes set forth in the Act including,
without limitation, to foster and stimulate economic development in the City by inducing (i) new
businesses to locate in the City, (ii) existing businesses to remain in the City, and (iii) existing
businesses to expand their operations.
4
i
2. INVESTMENT CRITERIA.Except as otherwise provided in paragraph 4 of this
Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the
Department(the"Director")has determined,and has advised the Authority that one or more of the
following criteria have been met:
a. The net amount of direct tax revenues returned to the City by a Project to which
EDIP funds are provided will exceed the amount of EDIP funds so provided no
later than thiny six (36) months f em the date on w"rhieh the Drejec4
before the end of the
Performance Period; and/or
b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars
($25) of Capital Investment will be made or if appropriate, retained, at the
Project for which the award is granted; and/or
c. Tier 1. Every one thousand dollars ($1,000) in EDIP funds provided will yield
at least one (1) New Job or Retained Job in the Project to which such EDIP
funds are provided. ($2,000) shall
stie , EDIP funds are provided, Where such employment opportunities pay an
average of at least 1.2 times the Average Annual Wage,
excluding benefits, (4) tip to three thettsand dollars ($3,000 shall he
available f r a Pfejeet that ! eates New jobs ir, the Ngjeet f f which s eh
available 1Vru
EDIP funds afe provided, where sueh empleyment oppoftunifies pay
aver-age of $50,001 to $75,n�;ex eluding benefits, . d (ii ) p to
L'hVLLs d dollars(e.l,nnn) shall he available f r a Pfojeet that ereates ATn
II
jobs in-the-grejeet fef whieh-s}lehEDIP ffinds are provided,where s
e le3qn,_eA eppI ���`e�_^�f-$vet- $ `"�-0�exe�Ig
benefits.-Fo w oohs paying an aver-age o $35 nnn the h
Tp�g'-cr -aP- ���,�v��rn�.rsnnsa
must deA3enstrate-assoeiateE wer4&ree development training e„vsts Tvi
..h to qualify fy for- an
award that position .., tst he filled fi r at least,
Ull�'�job V LV'"Ci Ci RI1Z� ,
ene yeaf.
Tier 2. Every three thousand dollars($3,000)in EDIP funds provided will yield
at least one (1) New Job or Retained Job in the Project to which such EDIP
funds are provided where such employment opportunities Ray an average of at
least 1.7 times the Average Annual Wage, excluding benefits.
The Applicant must Maintain at least eighty-five percent (85%) of the
incentivized jobs from the date of creation or award through the end of the
Performance Period or any funds awarded may be subject to recapture by the
Authority.
These criteria shall be reviewed by the Director and the Director of the
e€Department of Management Services on a biennial basis. Specifically included in such review
5
i
is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect
changes in the CPI or cost of construction. The Director shall recommend any appropriate
revisions to the City Council and the Authority for further consideration and action.
In addition to the foregoing criteria,it is the goal of the Authority to approve EDIP
awards to Projects that pay an average annual salary of at least $M66,000 (excluding benefits).
However, the Authority reserves the right to deviate from this goal in exceptional cases and for
good cause shown. „
3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this
Policy may be used throughout the City for the following purposes: office, industrial, commercial
and mixed-use development, or such other uses where the Director has demonstrated a need for
the proposed use in that part of the City. In determining whether to award EDIP funds for other
uses, the Authority shall consider(i) whether the proposed use is consistent with the goals of the
SGA or SEGA where the Project is located, and (ii) whether the Project meets the City's
Investment Partnership Guidelines, and(iii)whether the Project will meet an underserved need in
the City or further the growth of the Key Industries.
4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds
for a Project in the City of Virginia Beach may apply for that purpose through the Department.
The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the
City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The
Applicant shall identify in writing any confidential or proprietary information contained in or
provided with the application at the time of submission. The failure to mark such materials may
result in the disclosure by the City or the Authority pursuant to applicable open records laws. If,
on review by the City,it is determined that the designated information may not be kept confidential
by the City, the document containing same will be redacted or returned to the party submitting it.
The Applicant shall submit such additional information and documentation concerning its
application as may be required by the Director. The Director shall review the application and
information submitted and may, if the Director finds that the Project described in the application
meets the requirement of this Part A,recommend to the Authority that it award EDIP funds for the
Project. The Director's recommendation shall be in writing and shall include the proposed amount
of the award and basis therefore under this Policy.This recommendation may take the form of the
written presentation made to the Authority in a closed session. As set forth more fully in Section
6, an EDIP award must be approved by a formal vote in an open session of the Authority. Once
an award is approved, the recommendation of the Director and all non-confidential or proprietary
portions of the application will become public records.
5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain
specific approval from City Council prior to its approval of the provision of EDIP funds for such
purpose
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6. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the Authority may, by a recorded majority vote at a public
meeting, approve the proposed provision of EDIP funds for the Project. The Authority shall not
be required to approve the Director's recommendation,but shall exercise its legislative discretion
in determining whether, and to what extent, the Applicant's proposed Project satisfies Part A of
this Policy and the Authority's objective of fostering and stimulating the development of industry
in the City. Provided,however, that prior to approval, the Authority must make all the following
findings:
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach;
b. that the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c_E-That the proposed provision of EDIP funds for the Project is in furtherance
of the purposes for which the Authority was created;
d. dFor an award involving"Retained Jobs" that the jobs would likely have left
the Cityof f Virginia Beach if not for the stimulus of the EDIP•
e. If the Performance Period of Capital Investment is tied to a similar award
from the Commonwealth, that the Authority is aware of the
Commonwealth's award and the award's applicable performance standards;
e. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate,remain or expand in the City; and
c.f.That as of the date the Director presents his or her recommendation to the
Authority in closed session,the Project has not yet commenced construction of
its proposed improvements. Consideration in a closed session does not indicate
approval and any investment or expenditure made by the Applicant is done at
the sole risk of the Applicant. Further, if an award is not approved within
seventy (70) days of the date of closed session, no investments made prior to
seventy (70) days of the date of the approval of the award in open session will
be considered for reimbursement under the award.
f�g_The Applicant for an award shall certify to the Authority that the findings in
section (d4), (e) and (e};_o above, are true and accurate at the time of the
Authority's vote on an award.
7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the
provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a
resolution which shall include the following information:
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a. The name of the Applicant, and the location and a brief description of the
Project to which the funds will be provided;
b. The amount of EDIP funds that will be provided;
c. The purpose or purposes for which the EDIP funds will be provided;
d. A statement that the criteria set forth in paragraph 2 of this Part A have been
met; or,in the alternative,that City Council has specifically approved provision
of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and
e. A statement that the findings set forth in paragraph 6 of this Part A have been
made by the Authority.
PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT
OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS,
SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS,
OR OPPORTUNITY ZONES.
1. PURPOSE AND INTENT. It is recognized that within the City there are areas
that are currently brownfields, greyfields or vacant, abandoned, under improved or
underdeveloped with improvements or land uses which are not economically viable, but, if
developed, should stimulate industry and economic development within the City. Moreover, such
properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate
additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities;
(iii) influence similar redevelopment and additional investment in nearby properties;(iv) further
the goals of the Comprehensive Plan and be consistent with the City's Economic Development
Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient
neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic
Development Investment Program under Part B of this Policy to enhance the ability of the City of
Virginia Beach Development Authority to foster and stimulate economic development in the City
by providing incentives for the development or redevelopment of properties described herein.
2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC
GROWTH AREAS,STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES The
Directors of the Department and the Planning Department shall identify areas of the City (i) that
are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped,
and (ii) which should be considered for redevelopment or special development opportunities, but
may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such
areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic
Redevelopment Area must be submitted to the City Council for designation as such by ordinance.
To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must
demonstrate that the subject property is located within a Target Area. For purposes of this Policy,
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the term"brownfields"means vacant, abandoned or under improved real property large enough to
support significant expansion, redevelopment or reuse, but for which such expansion,
redevelopment or reuse is complicated by the presence of a substantial amount of hazardous
substances,pollutants,or contamination. The term"greyfields"means underperforming,declining
or vacant real estate.
3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be
provided for office,industrial,retail,hotel and mixed use development(including high density and
multi-family residential uses).
4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this
Policy in such instances where the Director has determined, and has advised the Authority, that
both of the following criteria have been met:
a. The net amount of direct tax revenues returned to the City as a result of the
Project for which the EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award or such later period as is specified in the requirements of a
matching_ rant provided by the Virginia Economic Development Partnership
or through the Governor's Opportunity Fund, or some other grant program
administered by the Commonwealth; or where flexibility for tax abatement has
been granted by the City,the amount of direct tax revenues not abated as a result
of the Project for which EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award; and
b. For every one dollar ($1) in EDIP funds provided, twelve and 501100 dollars
($12.50) or more in new Capital Investment will be made at the Project.
The foregoing investment criteria and required return to the City shall be interpreted
as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds
may be made unless all other requirements of Part B of this Policy are satisfied and all findings
stated in Part B of this Policy are made. The Authority shall have complete discretion as to the
award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria
have been met.
5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to
Part B of this Policy only to the extent that they have been appropriated by the City Council.
Further,provided that in any given fiscal year,the Authority shall not award more than fifty percent
(50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without
authorization of the City Council.
6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for
a Project located in a Target Area may apply for that purpose through the Department. The form
of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of
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Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall
identify in writing any confidential or proprietary information contained in or provided with the
application at the time of submission. The failure to mark such materials may result in the
disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by
the City, it is determined that the designated information may not be kept confidential by the City,
the document containing same will be redacted or returned to the party submitting it.The Applicant
shall submit such additional information and documentation concerning its application as may be
required by the Director, including any certifications as required by this Policy. The Director shall
review the application and information submitted and may, if the Director finds that the Project
described in the application satisfies all requirements of this Part B, recommend to the Authority
that it award EDIP funds for the Project. The Director's recommendation shall be in writing and
shall include the proposed amount of the award and basis therefore under this Policy. This
recommendation may take the form of the written presentation made to the Authority in a closed
session. As set forth more fully in Section 7, an EDIP award must be approved by a formal vote in
an open session of the Authority. Once an award is approved, the recommendation of the Director
and all non-confidential or proprietary portions of the application will become public records. In
determining whether to recommend that EDIP funds be awarded for the Project,the Director shall
find as follows:
a. Whether the provision of EDIP funds is necessary to stimulate the
development or redevelopment of the Project area; and
b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of
this Part B.
Additionally, the Director may consider the following:
c. The amount of EDIP funds remaining and available for use pursuant to this Part
B of the Policy for the fiscal year.
d. The economic return to the City generated by the Project in addition to the
criteria set forth in paragraph 4 of
this Part B .
e. The expertise and experience of the Applicant in redeveloping brownfields,
greyfields, abandoned, blighted, under improved and underdeveloped
properties.
f. The degree to which the Project may influence development or redevelopment
within the applicable Target Area and adjacent or nearby properties.
g. The extent to which the Project may serve to implement a change in use which
is consistent with and/or furthers the goals of the Comprehensive Plan, the
City's Economic Development Strategy.
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h. The number and types of jobs which the development or redevelopment may
expect to generate.
i. The amount of the Applicant's Capital Investment in the Project.
j. The extent to which the Project incorporates mixed uses, provides open space
and focuses on transportation and transit accessibility.
7. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in paragraph 4 of this Part B have not been met, the Authority shall obtain
specific approval from City Council prior to its approval of the provision of EDIP funds for such
purpose,
8. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the Authority may, by a recorded majority vote at a public
meeting, approve the award of EDIP funds to the Applicant. The Authority may attach conditions
to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority
shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall
provide to the Authority evidence of all permits or approvals as required by state, federal and local
regulatory agencies and compliance therewith The Authority shall not be required to approve the
Director's recommendation, but shall exercise its legislative discretion in determining whether,
and to what extent, the Applicant's proposed Project satisfies Part B of this Policy and the
Authority's objective of fostering and stimulating the development of industry in the City.
Provided,however,that prior to approval of the award of EDIP funds for the Project,the Authority
must make the following findings:
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach; and
b. That the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c. That the proposed provision of EDIP funds for the Project is in furtherance of
the purposes for which the Authority was created;
d. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate, remain or expand in the City;
e. That as of the date the Director presents his or her recommendation to the
Authority in closed session, the Project has not yet commenced construction of
the proposed improvements. Consideration in a closed session does not indicate
approval and any investment or expenditure made by the Applicant is done at
the sole risk of the Applicant. Further, if an award is not approved within
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seventy (70) days of the date of closed session, no investments made prior to
seventy (70) days of the date of the approval of the award in open session will
be considered for reimbursement under the award;
f. The Applicant for an award shall certify to the Authority that the findings in
section (d) and (e), above, are true and accurate at the time of the Authority's
vote on an award;
g. That the property has been designated (or is in an area which has been
designated) as a Target Area;
h. That the Project is consistent with the City's Comprehensive Plan, and the
City's Economic Development Strategy, as amended; and
i. That the Project as proposed, will serve to influence redevelopment and
additional capital investment in adjacent or nearby properties.
9. - APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority
of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which
shall include the following information:
a. The name of the Applicant , and the location and a brief description of the
Project;
b. The amount of EDIP funds that will be provided;
c. The purpose or purposes for which the EDIP funds are to be provided;
d. A statement that the criteria set forth in paragraph 4 of this Part B have been
met;
e. A statement that the findings set forth in paragraph 7 of this Part B have been
made by the Authority; and
f. Any conditions to the approval of the award of the EDIP funds by the Authority.
10. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO
PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA
SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR
AN OPPORTUNITY ZONE. The Authority may use EDIP funds to purchase and improve
property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition,
the Authority must find that:
a. The property is located within a Target Area; and
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b. The acquisition and/or improvement of the property by the Authority and its
subsequent development or redevelopment will be in conformity with and/or
furthers the goals of the City's Comprehensive Plan, the City's Economic
Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this
Policy.
In addition to any property purchased using EDIP funds pursuant to paragraph 10
of this Part B, the Authority may also use EDIP funds for the following improvements to such
property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii) the
remediation or cleanup of adverse environmental conditions. The Authority may dispose of such
property in accordance with state law and may subsequently sell such property to a private party
for development or redevelopment. In the event of such sale,the Authority shall attach appropriate
conditions to assure that the development or redevelopment is in conformity with and/or furthers
the goals of the City's Comprehensive Plan,the City's Economic Development Strategy,the APZ-
1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy.
The proceeds of any property purchased by the Authority and sold pursuant to
paragraph 10 of this Part B shall be returned to the EDIP fund account.
PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT
OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES.
1. PURPOSE AND INTENT. It is recognized that within the City there are areas
that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia
Beach, but, if developed with conforming uses, should stimulate industry and economic
development within the City. Moreover, such properties and areas, if developed or redeveloped,
may reasonably be expected to(i)generate additional tax revenue as a result of Capital Investment;
(ii)influence similar redevelopment and additional investment in nearby properties;(iii)further the
goals of the Comprehensive Plan and be consistent with the City's Economic Development
Strategy and good zoning principles; (iv) in the APZ-1 and.Clear Zone areas, encourage the
conversion of property that does not conform to the City's zoning amendments adopted in response
to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance") to uses that do conform to
the APZ-1 Ordinance, including the relocation of nonconforming properties to areas of the City
outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1;
and (v) lead to the establishment of safe and convenient neighborhoods and workplaces.
Accordingly,it is the animating purpose of the Economic Development Investment Program under
Part C of this Policy to enhance the ability of the Authority to foster and stimulate economic
development in the APZ-1 by providing incentives for the development or redevelopment of
properties as described herein.
2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident
Potential Zone 1 and the areas identified as APZ-1 on the 1999 "Air Installations Compatible Use
Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear
Zones"are those areas designated as"Clear Zones"on the 1999 AICUZ pamphlet.
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3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be
provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto.
4. - INVESTMENT CRITERIA.
a. For Areas located in the APZ-I or Clear Zones, EDIP funds may be awarded
pursuant to Part C of this Policy in such instances where the Oceana Land Use
Conformity Committee has determined, and has advised the Director, that the
Project for which EDIP funds will be provided will have the effect of furthering
the goals of the Oceana Land Use Conformity Program,including bringing new
uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting
nonconforming uses to conforming uses, retaining conforming uses in APZ-1,
and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of
the City where such uses would be consistent with the Comprehensive Plan and
the City Zoning Ordinance. The Director shall advise the Authority of all
determinations and recommendations made by the Oceana Land Use
Conformity Committee ("OLUCC").
b. In determining the amount of the award recommended to OLUCC,the Director
shall determine whether both the following criteria have been met:
--(i) The net amount of direct tax revenues returned to the City as a
result of the Project for which the EDIP funds are provided will exceed the
amount of the EDIP funds provided no later than 48 months following the
payment of the EDIP award; or where flexibility for tax abatement has been
granted by the City, the amount of direct tax revenues not abated as a result of
the Project for which EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award; and/or
For every one dollar($1) in EDIP funds provided,the Applicant
of the Project for which such funds are provided will spend ten and 501100
dollars ($10.50) or more in new Capital Investment, including buildings,
furnishings, and/or equipment.
The foregoing investment criteria and required return to the City shall be interpreted
as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds
may be made unless all other requirements of Part C of this Policy are satisfied and all findings
stated in Part C of this Policy are made. The Authority shall have complete discretion as to the
award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria
have been met.
5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of
land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that
land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible
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and(ii)if owner retains ownership of the subject land, agrees to restrict the further use of that land
to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an
award of up to $75,000 to offset actual moving expenses incurred in moving the said
nonconforming use out of APZ-1 or the Clear Zones.
6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds
for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in
APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility
Traffic Area Conformity and Acquisition 11).
7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for
use in a Project located in APZ-1 or the Clear Zones may apply for that purpose through the
Department. The form of the application is attached hereto as Exhibit A. the Applicant shall also
complete the City of Virginia Beach Disclosure Statement Form, attached hereto as Exhibit B. The
Applicant shall identify in writing any confidential or proprietary information contained in or
provided with the application at the time of submission. The failure to mark such materials may
result in the disclosure by the City or the Authority pursuant to applicable open records laws. If,
on review by the City,it is determined that the designated information may not be kept confidential
by the city, the document containing same will be redacted or returned to the party submitting it.
The Applicant shall submit such additional information and documentation concerning its
application as may be required by the Director. The Director shall review the application and
information submitted and may, if the Director finds that the Project described in the application
satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds for
the Project. The Director's recommendation shall be in writing and shall include the proposed
amount of the award and basis therefore under this Policy. This recommendation may take the
form of the written presentation made to the Authority in a closed session. As set forth more fully
in Section 4,an EDIP award must be approved by a formal vote in an open session of the Authority.
Once an award is approved, the recommendation of the Director and all non-confidential or
proprietary portions of the application will become public records. In determining whether to
recommend that EDIP funds be awarded to for the Project, the Director shall find as follows:
a. Whether the provision of EDIP funds is necessary to stimulate the
development or redevelopment of the property/area; and
b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of
this Part C.
c. Whether the Project is consistent with the APZ-1 Ordinance.
Additionally, the Director may consider the following:
d. The amount of EDIP funds remaining and available for use pursuant to this
Policy for the fiscal year.
e. The economic return to the City generated by the Project.
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f. The expertise and experience of the Applicant in redeveloping brownfields,
greyfields, abandoned, blighted, under improved and underdeveloped
properties.
g. The degree to which the Project may influence compatible development or
redevelopment within the APZ-1 and development of adjacent or nearby
properties.
h. The extent to which the Project may serve to implement a change in use which
is consistent with and/or furthers the goals of the Comprehensive Plan, the
City's Economic Development Strategy, and the APZ-1 Ordinance, as
amended.
i. The amount of the Applicant's Capital Investment in the Project.
j. The value of moving a use of property that is inconsistent with the APZ-1
Ordinance out of the APZ-1 or the Clear Zones.
8. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in paragraph 4 of this Part C have not been met, the Authority shall obtain
specific approval from City Council prior to its approval of the provision of EDIP funds for such
purpose
9. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the Authority may, by a recorded majority vote at a public
meeting,approve the award of EDIP funds to for the Project. The Authority may attach conditions
to the approval of the award of EDIP funds. The Authority shall not be required to approve the
Director's recommendation, but shall exercise its legislative discretion in determining whether,
and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the
Authority's objective of fostering and stimulating the development of industry in the City,
including the retention of NAS Oceana as a master jet base. Provided, however, that prior to
approval of the award of EDIP funds for the Project, the Authority must make the following
findings:
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach, including the retention of NAS
Oceana as a master jet base; and
b. That the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c. That the proposed provision of EDIP funds for the Project is in furtherance of
the purposes for which the Authority was created;
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d. That without the stimulus of the EDIP award, it is unlikely that the property
would be developed or redeveloped to the extent proposed, or at the current
time;
e. That as of the date of application for the EDIP award,the Applicant had not yet
commenced construction of the Project;
f. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate, remain or expand in the City;
g. That as of the date the Director presents his or her recommendation to the
Authority in closed session,the Applicant had not yet commenced construction
of the Project. Consideration in a closed session does not indicate approval and
any investment or expenditure made by the Applicant is done at the sole risk of
the Applicant. Further, if an award is not approved within seventy (70) days of
the date of closed session, no investments made prior to seventy (70) days of
the date of the approval of the award in open session will be considered for
reimbursement under the award;
h. The Applicant for an award shall certify to the Authority that the findings in
section(e), (f)and(g),above,are true and accurate at the time of the Authority's
vote on an award;
i. That the property is in APZ-1 or the Clear Zones;
j. That the proposed Project is consistent with the City's Comprehensive Plan,the
City's Economic Development Strategy and the APZ-1 Ordinance,as amended;
k. That the scope and quality of the Project will serve to influence redevelopment
and additional capital investment in adjacent or nearby properties or, in APZ-1
and Clear Zones, will foster the retention of NAS Oceana as a master jet base;
and
1. The Oceana Land Use Conformity Committee has endorsed in writing the
award of EDIP funds as proposed by the Authority
10. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority
of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which
shall include the following information:
a. The name of the Applicant, and the location and a brief description of the
Project;
b. The amount of EDIP funds that will be provided;
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c. The purpose or purposes for which the EDIP funds are to be provided;
d. A statement that the criteria set forth in paragraph 4 of this Part C have been
met;
e. A statement that the findings set forth in paragraph 9 of this Part C have been
made by the Authority; and
f. Any conditions to the approval of the award of the EDIP funds by the Authority.
11. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO
RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed
real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority
or the City. The Authority is authorized to pay a commission to that broker in an amount not to
exceed the following:
Sale Price Cumulative Commission Rate
$ 0 - $500,000 5%
$500,001 - $1,000,000 3%
$1,000,001 and up 2%
PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A, B AND C.
1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained
by the Authority in a separate account and shall not be commingled with other Authority funds.
2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in
keeping with this Policy and may enure only incidentally to the benefit of private interests. In
addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may
also be utilized to conduct appraisals, financial and market studies, and architectural and
engineering studies directly related to specific economic development initiatives and/or projects
being conducted by the Authority on behalf of the City.
3. PAYMENT OF EDIP FUNDS.
a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy,
they shall be paid to the Applicant at such time as the Director shall (i) obtain
copies such records from the Applicant (including all contractors or
subcontractors)necessary to document the actual costs incurred for the purpose
or purposes for which the funds are to be provided, including invoices and
evidence of payment; (ii) determine that the Project is in conformity with the
plan of development presented to the Authority and with all conditions which
may have been attached to the approval of the award of the EDIP funds by the
Authority; and (iii) where required by the Authority (such as when a majority
of the justification for an EDIP award is for the acquisition of personalty that
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could be removed from the City of Virginia Beach),the Applicant shall execute
and deliver to the Authority an EDIP Recapture Agreement in a form acceptable
to counsel for the Authority.
b. Prior to paving funds to any pplicant based on New Jobs or Retained Jobs,the
Applicant shall submit to the Authority a copy of its Virginia Employment
Commission Quarterly Tax Report FC-20.
c. Prior to paving funds to any Applicant based on New Jobs or Retained Jobs that
are Teleworking Jobs,the Applicant shall submit to the Authority a certification
that such employees physically report to the Applicadt's location in Virginia
Beach at least three days per week unless such workers are not at the
Applicant's location for a project (such as a construction project outside of
Virginia Beach requiring an employees' attendance at the project for the
duration of the project). On the request of the Authority, the Applicant will
provide the following information for employees classified as holding
Teleworking Jobs:
i. Individual titles
ii. Individual salaries
iii. Hire Date
iv. Zip code of residence or remote work site
13:d. Each resolution approving an EDIP award under this Policy shall contain a
statement of the amount of Capital Investment to be made and/or New Jobs to
be added as a basis for the award of EDIP funds approved. Notwithstanding
anything to the contrary in this Policy, the resolution shall also direct that the
full amount of the EDIP award approved shall not be paid unless at least eighty-
five percent(85%)of the Capital Investment and/or New Jobs are actually made
and/or added or retained.
If moveable equipment in the City of Virginia Beach at the time of an EDIP
award is to be considered as a basis for the calculation of Capital Investment,
the resolution shall contain a statement of the value of such movable equipment
at the time of the EDIP award.
d f.The Director shall compile a written report for each EDIP award paid
documenting the methodology employed, records reviewed and steps
undertaken to ensure compliance with the terms of this Policy. The report shall
include sufficient information to determine compliance with the Capital
Investment and/or New Job requirement(s)of Section 3(b), above. This report
shall be provided to the Commissioners at their monthly financial briefing.
19
4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds
are awarded for a Project pursuant to this Policy, such funds shall be used only for the following
purposes:
a. Public and private utility extension or capacity development on and off site;
b. Road,rail, or other transportation access costs beyond the funding capability of
existing programs;
c. Public and private installation, extension or capacity development of high-
speed of broadband Internet access, whether on or off site;
d. Site acquisition;
e. Grading, drainage, paving, and any other activity required to prepare a site for
construction;
f. Construction or build-out of publicly or privately owned buildings;
g. Training costs;
h. Purchase and installation of tangible business property, located in the City of
Virginia Beach, in the following categories:
• Machinery and Tools;
• Tangible personal property used for research and Development;
• Computer hardware used by businesses primarily engaged in providing
data processing services to other nonrelated or affiliated businesses;
• Programmable computer equipment and peripherals employed in a
trade or business (not individual workstations);
• Tangible personal property used in the provision of Internet services;
• Equipment used primarily for research, development, production or
provision of biotechnology for the purpose of providing products or
processes for specific commercial or public purposes;
• Tangible property designed and used primarily for the purpose of
manufacturing a product from renewable energy.
5. REPORTING.The Authority shall provide City Council annual reports,outlining,
in detail, the manner in which the EDIP funds were provided. Such reports shall include, at a
minimum,the information required by subsections a,b, and c of paragraph 6 of Part A, subsections
a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the
provisions of this Policy and Procedure.
20
6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be
amended without the prior consent and approval of the City Council and the Authority.
7. APPLICATION OF POLICY. This Policy is specifically applicable to the
expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be,
applicable to the use of public funds from any source other than the EDIP.
8. EFFECTIVE DATE OF POLICY. This Policy shall become effective
immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach
Development Authority, which approval shall be evidenced by signature of the Mayor of the City
of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by,
and on behalf of, the City and the Authority,respectively.
PART E: [INTENTIONALLY DELETED
PART F: POLICY AND PROCEDURE FOR THE PROVISIONS OF EDIP FUNDS FOR
SMALL,WOMEN-OWNED, MINORITY-OWNED, VETERAN-OWNED AND
SERVICE-DISABLED VETERAN OWNED BUSINESSES:
1. PURPOSE AND INTENT: The program seeks to increase access to funding for
historically underserved and marginalized small businesses through the use of grants to qualifying
ing
businesses. Small, women, minority-owned, veteran-owned and service-disabled veteran owned
businesses, as such terms are defined in Virginia Code 4 2.2-4310, are a diverse mix of start-ups
and emerging businesses; there are limited capital tools available specifically for this sector of the
business community in the City of Virginia Beach ("City"). This Part F seeks to provide grants
("Grants") to qualifying businesses on a reimbursement basis subject to available funding to
promote the continued operation and expansion of these businesses within the City.
2. QUALIFYING BUSINESSES: To qualify, a business must be able to
demonstrate the following:
a. It is a micro-business as contemplated by §15.2-965.2 of the Code of Virginia,
or is a veteran-owned or service-disabled veteran-owned business with fewer
than twenty-five (25) employees;
b. It holds a valid Virginia Beach business license;
c. It has operated in the City for at least one year as evidenced by tax returns or
other documentation acceptable to the Authority;
d. It is current on the payment of all local taxes and fees;
e. It has not received any other grant from the Authority or the City within the past
year(12 months); and
f. It does not employ an officer, official or employee of the City Authority or
Minority Business Council.
3. SIZE OF GRANTS AND FUNDING: Grants shall be up to a maximum of
$10,000 per approved business. The initial funding for this program is $576 879.46 and shall be
21
administered in phases of$150,000 each until funding is exhausted. Future funding is dependent
on appropriation by City Council.
4. APPLICATION PROCESS AND REPRESENTATIONS BY BUSINESS: A
business seeking a Grant shall attend a pre-application workshop at the Virginia Beach HIVE (the
"HIVE"), and submit (i) an application and (ii) a Disclosure Statement Form (a copy of each are
attached hereto)by email to: thehive&vbgov.com. In the application, the business will:
a. Affirmatively state that it meets the criteria set forth in Section 2, above;
b. Provide documentation to confirm one year of operation in the City;
c. Provide a current business plan or strategic plan;
d. Identify the proposed use of the grant funds;
e. If a SWaM,veteran-owned or service-disabled veteran owned business,provide
documentation to that effect; and
f. Commit to attending at least six business counseling sessions at the HIVE if
awarded a Grant.
Applications will be accepted in thirty-day_cycles while funding is available. The first
cycle will commence October 21, 2024 and close November 21, 2024. Thereafter, the Authority
will give at least ten (lo) dgys' notice before it opens the next cycle.
5. SELECTION COMMITTEE: The Chair of the Authority shall appoint, at a
regular or special meeting of the Authority, a Selection Committee to review all completed
applications and make recommendations to the Authority for the approval of awards under this
Part F. The Selection Committee will have four (4) members and will have one representative
from:
a. The Authority
b. The Minority Business Council
c. The Department of Economic Development
d. The City Manager's Office
Representatives of the Selection Committee will serve one-year terms and may be reappointed by
the Chair. The Chair may fill any vacancy at the next regular or special Authority meeting. Any
member of the Selection Committee shall abstain from reviewing an application to which such
member has a personal interest. For purposes of this section,the applicable definition of"personal
interest" is provided by Virginia Code § 2.2-3101.
6. SELECTION PROCESS: All completed applications will be reviewed by the
Selection Committee with priority consideration given to applications from businesses that are
women, minority, veteran-owned or service-disabled veteran-owned. The Selection Committee
shall evaluate the proposed use of funds, and how the provision of the grant will promote the
continued operation and/or expansion of the business in the City when making its recommendation
as to the award and size of a grant under this Part F.
Not-for-profit entities, chains with more than three locations, and national franchises will
22
not be considered for Grants under this Part F.
The Selection Committee will make its recommendation as to the award and size of grants
to the Authority for consideration at one of the Authority's regular or special meetings.
7. USE OF FUNDS: A business may seek reimbursement pursuant to this Part F for
the following purposes:
a. Working capital for the purchase of inventory or renewables
b. Marketing and advertising expenses
c. Development of online or mobile presence
d. Equipment/supplies purchases
e. Business expansion
f. Real estate acquisition
R. Such other business development purposes identified by the business and
approved by the Authority in its Resolution.
A business may not seek reimbursement for payroll, insurance, salaries, lease payments, or
personal expenses.
8. AUTHORITY FINDINGS: Prior to approving a Grant, the Authority shall make
the following findings:
a. That the business qualifies under the requirements of Paragraph 2 of this
Part F;
b. That the animating purpose of the proposed provision of EDIP funds for
the Grant is the public purpose of promoting economic development and
retaining business and employment opportunities in the City;
C. That the expenditure of such funds will only incidentally enure to private
interests, if at all;
d. That the proposed provision of funds for the Grant is in furtherance of the
purposes for which the Authority was created; and
e. The provision of the Grant will promote the continued operation and/or
expansion of the business in the City_
9. AUTHORITY APPROVAL OF GRANTS: Approval by the Authority of the
provision of a Grant to a specific business, pursuant to this Part F, shall be in the form of a
Resolution which shall include the following information:
a. The name of the business;
b. The location and brief description of the business;
c. The amount of the Grant;
d. The specific purpose for which the Grant will be used;
e. A statement that the findings set forth in Paragraph 8 of this Part F have been
met; and
23
f. A single Resolution may be adopted to approve multiple Grants so longas s the
above information is included for each recipient in that Resolution
10. GRANT PAYOUTS: Once approved Grants shall be paid on a reimbursement
basis at such time as the business has produced documentation acceptable to the Director of
Economic Development, that the business has expended funds for the purpose set forth in the
Resolution approving the Grant. Acceptable documentation shall include but not be limited to
paid invoices, receipts, or cancelled checks. For good cause shown in the discretion of the
Director of Economic Development a Grant may be pre-paid or paid directly to a third party for
an allowable use so long as the Director documents the basis for payment and receives reasonable
assurances from the recipient that the use of funds will be only for pgwoses set forth in this Part
F. The Director shall document in writing the cause for prepayment and assurances received
Date:
Mayor,City of Virginia Beach Chair, City of Virginia Beach
Development Authority
Approved as to Content: Approved as to Legal Sufficiency:
Economic Development City Attorney
VBDA aivroved 120 24 and 6/18/24
24
(2024 REVISIONS)
EXHIBIT B
ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM
POLICY AND PROCEDURE
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was
created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and as codified by
§ 15.2-4900 et. seq. of the Code of Virginia(collectively, the "Act");
WHEREAS, one of the primary purposes of the Act is to enable development authorities
"to promote industry and develop trade by inducing manufacturing, industrial, governmental,
nonprofit and commercial enterprises to locate in or remain in the Commonwealth....";
WHEREAS, pursuant to § 15.2-4905(6), the Authority has the power, inter alia, "to sell,
exchange,donate and convey any or all of its facilities or properties whenever its board of directors
shall find any such action to be in furtherance of the purposes for which the authority was
organized";
WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the
development of industry in the area within its jurisdiction... [and] may accept, and expend for the
purposes stated above, money from any public or private source....';
WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is
authorized and empowered to make appropriations and to provide funds for the operation of the
Authority and to further its purposes";
WHEREAS,the economic development goals and objectives of the City include achieving
a higher ratio of nonresidential to residential real estate assessments, investing in land and
infrastructure to benefit future economic growth, and maximizing the return of economic
development efforts through the development and implementation of programs and strategies that
facilitate new business investment and encourage retention and expansion activities thereby
improving the overall quality of life in the City;
WHEREAS, while the Authority and City desire to promote all sectors of growth, the
Authority and the Department of Economic Development (the "Department") have identified
certain industries to target for growth and expansion in the City (the "Key Industries"), and the
Key Industries, which may be updated from time to time, are identified on the Department's
website, www.yesvirginiabeach.com ;
WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest
employer in the City, and investments and economic development efforts aimed at retaining NAS
Oceana as a master jet base are critical to the City's economic "health";
WHEREAS, the City has established the Economic Development Investment Program
("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and
objectives;
1
(2024 REVISIONS)
WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City
Council has determined that it would be in the best interests of the City to provide EDIP
appropriations to the Authority to enable the Authority to more effectively continue its efforts to
foster and stimulate economic development by (i) inducing businesses to locate or remain in the
City; and (ii) providing incentives to qualifying developers and property owners for the
development or redevelopment of under improved or underdeveloped properties, or brownfields,
grey fields, or abandoned or blighted properties in areas of the City which have been designated
as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment
Areas" or "Opportunity Zones" (as defined in the Internal Revenue Code), including infill
development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth
Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as
"Target Areas;" and
WHEREAS,the City and the Authority have agreed that the provision of funds in the EDIP
account to the Authority for economic development purposes, and the subsequent provision of
such funds by the Authority to qualifying recipients, should be subject to policies and procedures
which will ensure that the expenditure of such funds is in the public interest and is in furtherance
of the purposes for which the EDIP was established; and
WHEREAS, awards made under this Policy are at the sole legislative discretion of the
Authority, and nothing herein should be deemed or interpreted as an entitlement to an award.
NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach
Development Authority hereby adopt the following Economic Development Investment Program
Policy and Procedures (the "Policy"):
DEFINITIONS:
Unless otherwise defined, the following terms shall have the following meanings in this
Policy:
a. "Applicant" means the business, owner, or developer that submits an
application pursuant to this Policy.
b. "Average Annual Wage" means the average annual wage in Virginia Beach as
calculated by the Virginia Employment Commission. Currently, the Average
Annual Wage is$58,032.The Average Annual Wage shall be adjusted quarterly
as the Virginia Employment Commission releases updated calculations.
c. "Capital Investment" means a capital expenditure in taxable real property,
taxable tangible personal property, or both at the Project in the City of Virginia
Beach. The Authority may, in its discretion, determine that the value of
machinery and equipment leased under an operating lease will qualify as a
capital investment. The Authority may also, in its discretion, consider Capital
Investments made by third parties at the Project for the overall benefit of the
Project,and/or the value of moveable equipment retained by a business that was
2
considering relocating outside of the City of Virginia Beach. Except for good
cause found by the Authority, the cost of the acquisition of land and existing
buildings will not count toward the required capital investment thresholds
unless the land and existing buildings are being purchased from a governmental
entity and are being returned to the tax rolls. If a Project is also receiving an
incentive from the Commonwealth based in part on Capital Investment, the
Authority may accept the evidence presented to the appropriate agency of the
Commonwealth to establish the amount of Capital Investment for purposes of
compliance with this Policy.
d. "Maintain" means that the New Jobs will continue without interruption from
the date of creation through the Performance Period. Positions for the New Jobs
will be treated as Maintained during periods in which such positions are not
filled due to (i) temporary reductions in the grantee's employment levels (so
long as there is active recruitment for open positions),(ii)strikes, and(iii)other
temporary work stoppages.
e. "New Job"means employment of indefinite duration,created as tke direct result
of the private investment, for which the firm pays the wages and provides
standard fringe benefits for its employee, requiring a minimum of either(i) 35
hours of the employye's time a week for the entire normal year of the firm's
operations, which "normal year" must consist of at least 48 weeks or(ii) 1,680
hours per year. Seasonal or temporary positions, positions created when a job
function is shifted from an existing location in Virginia Beach to the location
of the economic development project,unless the Authority makes a finding that
the job is a "Retained Job" as required by Part A(6)(d), positions with
construction contractors, suppliers, and multiplier or spin-off jobs may not
qualify,as new job. Net new jobs for contractors or employees of contractors
who are located in Virginia Beach and provide dedicated full-time service to
the Applicant may count as New Jobs (as determined by the Authority), even
though the Applicant is not directly paying the wages or providing the fringe
benefits if the other conditions set forth in this paragraph have been satisfied.
Jobs qualifying as "Teleworking Jobs" may be considered by the Authority so
long as those jobs are identified by the Applicant and the other conditions of
this paragraph are satisfied.
f. "Performance Period"means the time an Applicant is given to satisfy the terms
of an award, usually thirty-six (36) months from the date of an award is
approved by the Authority or such later period as is specified in the
requirements of a matching grant provided by the Virginia Economic
Development Partnership,the Commonwealth Opportunity Fund,or some other
grant program administered by the Commonwealth.
g. "Project" means the facility or facilities where a recipient of an award under
this Policy has located from outside the City of Virginia Beach, or remained in
the City of Virginia Beach or expanded its operations within the City of Virginia
3
Beach and for which Capital Investment, New Jobs or direct tax revenues
returned to the City are considered as a basis for an award under this Policy.
h. "Retained Job" means employment of indefinite duration, retained in the City
of Virginia Beach as direct result of the private investment, for which the firm
pays the wages and provides standard fringe benefits for its employee,requiring
a minimum of either (i) 35 hours of the employee's time a week for the entire
normal year of the firm's operations, which "normal year" must consist of at
least 48 weeks or (ii) 1,680 hours per year. Seasonal or temporary positions,
positions retained when a job function is shifted from an existing location in
Virginia Beach to the location of the economic development project,unless the
Authority makes a finding required in Part A(6)(d),positions with construction
contractors, suppliers, and multiplier or spin-off jobs may not qualify as a
retained job. Retained jobs for contractors or employees of contractors who are
located in Virginia Beach and provide dedicated full-time service to the
Applicant may count as Retained Jobs (as determined by the Authority), even
though the Applicant is not directly paying the wages or providing the fringe
benefits if the other conditions set forth in this paragraph have been satisfied.
Retained Jobs qualifying as "Teleworking Jobs" may be considered by the
Authority so long as those jobs are identified by the Applicant and the other
conditions of this paragraph are satisfied.
i. "Teleworking Job"means an employee who works from home or from or from
a different location than the Project, where that employee physically reports to
the Project two or more days a week. Fully remote workers residing outside
of Virginia, or more than one hundred and fifteen (115) miles from Virginia
Beach will not be considered as a "Teleworking Job" when calculating
eligibility or performance of an award under this Policy.
PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING BUSINESSES.
1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall
be to enhance the ability of the Authority to implement the purposes set forth in the Act including,
without limitation, to foster and stimulate economic development in the City by inducing (i)new
businesses to locate in the City, (ii) existing businesses to remain in the City, and (iii) existing
businesses to expand their operations.
2. INVESTMENT CRITERIA.Except as otherwise provided in paragraph 4 of this
Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the
Department(the"Director")has determined,and has advised the Authority that one or more of the
following criteria have been met:
a. The net amount of direct tax revenues returned to the City by a Project to which
EDIP funds are provided will exceed the amount of EDIP funds so provided
before the end of the Performance Period; and/or
4
b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars
($25) of Capital Investment will be made or if appropriate, retained, at the
Project for which the award is granted; and/or
c. Tier 1. Every one thousand dollars ($1,000) in EDIP funds provided will yield
at least one (1) New Job or Retained Job in the Project to which such EDIP
funds are provided where such employment opportunities pay an average of at
least 1.2 times the Average Annual Wage, excluding benefits.
Tier 2. Every three thousand dollars($3,000)in EDIP funds provided will yield
at least one (1) New Job or Retained Job in the Project to which such EDIP
funds are provided where such employment opportunities pay an average of at
least 1.7 times the Average Annual Wage, excluding benefits.
The Applicant must Maintain at least eighty-five percent (85%) of the
incentivized jobs from the date of creation or award through the end of the
Performance Period or any funds awarded may be subject o recapture by the
Authority.
These criteria shall be reviewed by the Director and the Director of the Department
of Management Services on a biennial basis. Specifically included in such review is the
examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes
in the CPI or cost of construction. The Director shall recommend any appropriate revisions to the
City Council and the Authority for further consideration and action.
In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP
awards to Projects that pay an average annual salary of at least $66,000 (excluding benefits).
However, the Authority reserves the right to deviate from this goal in exceptional cases and for
good cause shown. `)41;
3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this
Policy may be used throughout the City for the following purposes: office, industrial, commercial
and mixed-use development, or such other uses where the Director has demonstrated a need for
the proposed use in that part of the City. In determining whether to award EDIP funds for other
uses, the Authority shall consider(i) whether the proposed use is consistent with the goals of the
SGA or SEGA where the Project is located, and (ii) whether the Project meets the City's
Investment Partnership Guidelines, and(iii)whether the Project will meet an underserved need in
the City or further the growth of the Key Industries.
4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds
for a Project in the City of Virginia Beach may apply for that purpose through the Department.
The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the
City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The
Applicant shall identify in writing any confidential or proprietary information contained in or
provided with the application at the time of submission. The failure to mark such materials may
5
result in the disclosure by the City or the Authority pursuant to applicable open records laws. If,
on review by the City,it is determined that the designated information may not be kept confidential
by the City, the document containing same will be redacted or returned to the party submitting it.
The Applicant shall submit such additional information and documentation concerning its
application as may be required by the Director. The Director shall review the application and
information submitted and may, if the Director finds that the Project described in the application
meets the requirement of this Part A,recommend to the Authority that it award EDIP funds for the
Project. The Director's recommendation shall be in writing and shall include the proposed amount
of the award and basis therefore under this Policy. This recommendation may take the form of the
written presentation made to the Authority in a closed session. As set forth more fully in Section
6, an EDIP award must be approved by a formal vote in an open session of the Authority. Once
an award is approved, the recommendation of the Director and all non-confidential or proprietary
portions of the application will become public records.
5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain
specific approval from City Council prior to its approval of the provision of EDIP funds for such
purpose
6. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the'Authority may, by a recorded majority vote at a public
meeting, approve the proposed provision of EDIP funds for the Project. The Authority shall not
be required to approve the Director's recommendation, but shall exercise its legislative discretion
in determining whether, and to what extent, the Applicant's proposed Project satisfies Part A of
this Policy and the Authority's objective of fostering and stimulating the development of industry
in the City. Provided, however, that prior to approval, the Authority must make all the following
findings:
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach;
at the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c. That the proposed provision of EDIP funds for the Project is in furtherance of
the purposes for which the Authority was created;
d. For an award involving"Retained Jobs", that the jobs would likely have left
the City of Virginia Beach if not for the stimulus of the EDIP;
e. If the Performance Period of Capital Investment is tied to a similar award
from the Commonwealth, that the Authority is aware of the
Commonwealth's award and the award's applicable performance standards;
6
e. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate,remain or expand in the City; and
f. That as of the date the Director presents his or her recommendation to the
Authority in closed session,the Project has not yet commenced construction of
its proposed improvements. Consideration in a closed session does not indicate
approval and any investment or expenditure made by the Applicant is done at
the sole risk of the Applicant. Further, if an award is aot approved within
seventy (70) days of the date of closed session, no investments made prior to
seventy (70) days of the date of the approval of the award in open session will
be considered for reimbursement under the award.
g. The Applicant for an award shall certify to the Authority that the findings in
section(d),(e),and(f)above,are true and accurate at the time of the Authority's
vote on an award.
7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the
provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a
resolution which shall include the followin formation
a. The name of the Applicant, and the location and a brief description of the
Project to which the funds will be provided;
b. The amount of EDIP funds that will be provided;
c. The purpose or purposes for which the EDIP funds will be provided;
d. A statement that the criteria set forth in paragraph 2 of this Part A have been
met;or,in the alternative,that City Council has specifically approved provision
of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and
e. A statement that the findings set forth in paragraph 6 of this Part A have been
.,4ade by the Authority.
PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT
OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS,
SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS,
OR OPPORTUNITY ZONES.
1. PURPOSE AND INTENT. It is recognized that within the City there are areas
that are currently brownfields, greyfields or vacant, abandoned, under improved or
underdeveloped with improvements or land uses which are not economically viable, but, if
developed, should stimulate industry and economic development within the City. Moreover, such
properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate
7
additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities;
(iii) influence similar redevelopment and additional investment in nearby properties;(iv) further
the goals of the Comprehensive Plan and be consistent with the City's Economic Development
Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient
neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic
Development Investment Program under Part B of this Policy to enhance the ability of the City of
Virginia Beach Development Authority to foster and stimulate economic development in the City
by providing incentives for the development or redevelopment of properties described herein.
2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC
GROWTH AREAS,STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES The
Directors of the Department and the Planning Department shall identify areas of the City (i) that
are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped,
and (ii) which should be considered for redevelopment or special development opportunities, but
may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such
areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic
Redevelopment Area must be submitted to the City Council for designation as such by ordinance.
To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must
demonstrate that the subject property is located within a Target Area. For purposes of this Policy,
the term"brownfields"means vacant,abandoned or under improved real property large enough to
support significant expansion, redevelopment or reuse, but for which such expansion,
redevelopment or reuse is complicated by the presence of a substantial amount of hazardous
substances,pollutants,or contamination. The term"greyfields"means underperforming,declining
or vacant real estate.
3. QUALIFYING%Lwdlis. EDT0f#tnds under Part B of this Policy may be
provided for office,industrial,retail, and mixed use development(including high density and
multi-family residential uses).
4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this
Policy in such instances where the Director has determined, and has advised the Authority, that
both of the following criteria have been met:
a. The net amount of direct tax revenues returned to the City as a result of the
Project for which the EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award or such later period as is specified in the requirements of a
matching grant provided by the Virginia Economic Development Partnership
or through the Governor's Opportunity Fund, or some other grant program
administered by the Commonwealth; or where flexibility for tax abatement has
been granted by the City,the amount of direct tax revenues not abated as a result
of the Project for which EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award; and
8
b. For every one dollar ($1) in EDIP funds provided, twelve and 501100 dollars
($12.50) or more in new Capital Investment will be made at the Project.
The foregoing investment criteria and required return to the City shall be interpreted
as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds
may be made unless all other requirements of Part B of this Policy are satisfied and all findings
stated in Part B of this Policy are made. The Authority shall have complete discretion as to the
award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria
have been met.
5. AVAILABILITY OF FUNDS.EDIP funds may be authorized for use pursuant to
Part B of this Policy only to the extent that they have been appropriated by the City Council.
Further,provided that in any given fiscal year,the Authority shall not award more than fifty percent
(50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without
authorization of the City Council.
6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for
a Project located in a Target Area may apply for that purpose through the Department. The form
of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of
Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall
identify in writing any confidential or proprietary information contained in or provided with the
application at the time of submission. The failure to mark such materials may result in the
disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by
the City,it is determined that the designated information may not be kept confidential by the City,
the document containing same will be redacted or returned to the party submitting it.The Applicant
shall submit such additional information and documentation concerning its application as may be
required by the Director, including any certifications as required by this Policy. The Director shall
review the application and information submitted and may, if the Director finds that the Project
described in the application satisfies all requirements of this Part B, recommend to the Authority
that it award EDIP funds for the Project. The Director's recommendation shall be in writing and
shall include the proposed amount of the award and basis therefore under this Policy. This
recommendation may take the form of the written presentation made to the Authority in a closed
session. As set forth more fully in Section 7, an EDIP award must be approved by a formal vote in
an open session of the Authority. Once an award is approved,the recommendation of the Director
and all non-confidential or proprietary portions of the application will become public records. In
determining whether to recommend that EDIP funds be awarded for the Project,the Director shall
find as follows:
a. Whether the provision of EDIP funds is necessary to stimulate the
development or redevelopment of the Project area; and
b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of
this Part B.
Additionally,the Director may consider the following:
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c. The amount of EDIP funds remaining and available for use pursuant to this Part
B of the Policy for the fiscal year.
d. The economic return to the City generated by the Project in addition to the
criteria set forth in paragraph 4 of
this Part B .
e. The expertise and experience of the Applicant in redeveloping brownfields,
greyfields, abandoned, blighted, under improved and underdeveloped
properties.
f. The degree to which the Project may influence development or redevelopment
within the applicable Target Area and adjacent or nearby properties.
g. The extent to which the Project may serve to implement a change in use which
is consistent with and/or furthers the,goals of the Comprehensive Plan, the
City's Economic Development Strategy.
h. The number and types of jobs which the development or redevelopment may
expect to generate.
i. The amount of the Applicant's Capital Investment in the Project.
j. The extent to which the Project incorporates mixed uses, provides open space
and focuses on transportation and transit accessibility.
7. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in paragraph 4 of this Part B have not been met, the Authority shall obtain
specific approval from City Council prior'E s approval of the provision of EDIP funds for such
purpose.
8. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the Authority may, by a recorded majority vote at a public
meeting, approve the award of EDIP funds to the Applicant. The Authority may attach conditions
to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority
shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall
provide to the Authority evidence of all permits or approvals as required by state,federal and local
regulatory agencies and compliance therewith The Authority shall not be required to approve the
Director's recommendation, but shall exercise its legislative discretion in determining whether,
and to what extent, the Applicant's proposed Project satisfies Part B of this Policy and the
Authority's objective of fostering and stimulating the development of industry in the City.
Provided,however,that prior to approval of the award of EDIP funds for the Project,the Authority
must make the following findings:
10
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach; and
b. That the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c. That the proposed provision of EDIP funds for the Project is in furtherance of
the purposes for which the Authority was created;
d. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate, remain or expand in the City;
e. That as of the date the Director presents his or her recommendation to the
Authority in closed session, the Project has not yet commenced construction of
the proposed improvements. Consideration in a closed session does not indicate
approval and any investment or expenditure made by the Applicant is done at
the sole risk of the Applicant. Further, if an award is not approved within
seventy (70) days of the date of closed session, no investments made prior to
seventy (70) days of the date of the approval of the award in open session will
be considered for reimbursement under the award;
f. The Applicant for an award shall certify to the Authority that the findings in
section (d) and (e), above, are true and accurate at the time of the Authority's
vote on an award;
g. That the property has been designated (or is in an area which has been
designated) as a Target Area;
h. That the Project is consistent with the City's Comprehensive Plan, and the
City's Economic Development Strategy, as amended; and
i. That the Project as proposed, will serve to influence redevelopment and
additional capital investment in adjacent or nearby properties.
9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority
of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which
shall include the following information:
a. The name of the Applicant , and the location and a brief description of the
Project;
b. The amount of EDIP funds that will be provided;
c. The purpose or purposes for which the EDIP funds are to be provided;
d. A statement that the criteria set forth in paragraph 4 of this Part B have been
met;
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e. A statement that the findings set forth in paragraph 7 of this Part B have been
made by the Authority; and
f. Any conditions to the approval of the award of the EDIP funds by the Authority.
10. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO
PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA
SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR
AN OPPORTUNITY ZONE. The Authority may use EDIP funds to purchase and improve
property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition,
the Authority must find that:
a. The property is located within a Target Area; and
b. The acquisition and/or improvement of the property by the Authority and its
subsequent development or redevelopment will be in conformity with and/or
furthers the goals of the City's Comprehensive Plan, the City's Economic
Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this
Policy.
In addition to any property purchased using EDIP funds pursuant to paragraph 10
of this Part B, the Authority may also use EDIP funds for the following improvements to such
property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii) the
remediation or cleanup of adverse environmental conditions. The Authority may dispose of such
property in accordance with state law and may subsequently sell such property to a private party
for development or redevelopment. In the event of such sale,the Authority shall attach appropriate
conditions to assure that the development or redevelopment is in conformity with and/or furthers
the goals of the City's Comprehensive Plan,the City's Economic Development Strategy,the APZ-
1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy.
The proceeds of y property purchased by the Authority and sold pursuant to
paragraph 10 of this Part B shall be returned to the EDIP fund account.
PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT
OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES.
1. PURPOSE AND INTENT. It is recognized that within the City there are areas
that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia
Beach, but, if developed with conforming uses, should stimulate industry and economic
development within the City. Moreover, such properties and areas, if developed or redeveloped,
may reasonably be expected to(i)generate additional tax revenue as a result of Capital Investment;
(ii)influence similar redevelopment and additional investment in nearby properties;(iii)further the
goals of the Comprehensive Plan and be consistent with the City's Economic Development
Strategy and good zoning principles; (iv) in the APZ-1 and Clear Zone areas, encourage the
conversion of property that does not conform to the City's zoning amendments adopted in response
12
to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance") to uses that do conform to
the APZ-1 Ordinance, including the relocation of nonconforming properties to areas of the City
outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1;
and (v) lead to the establishment of safe and convenient neighborhoods and workplaces.
Accordingly,it is the animating purpose of the Economic Development Investment Program under
Part C of this Policy to enhance the ability of the Authority to foster and stimulate economic
development in the APZ-1 by providing incentives for the development or redevelopment of
properties as described herein.
2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident
Potential Zone 1 and the areas identified as APZ-1 on the 1999"Air Installations Compatible Use
Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear
Zones"are those areas designated as "Clear Zones"on the 1999 AICUZ pamphlet.
3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be
provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto.
4. INVESTMENT CRITERIA.
a. For Areas located in the APZ-I or Clear Zones, EDIP funds may be awarded
pursuant to Part C of this Policy in such instances where the Oceana Land Use
Conformity Committee has determined, and has advised the Director, that the
Project for which EDIP funds will be provided will have the effect of furthering
the goals of the Oceana Land Use Confonnity Program,including bringing new
uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting
nonconforming uses to conforming uses, retaining conforming uses in APZ-1,
and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of
the City where such uses would be consistent with the Comprehensive Plan and
the City Zoning Ordinance. The Director shall advise the Authority of all
determinations and recommendations made by the Oceana Land Use
Conformity Committee ("OLUCC").
Abdetermining the amount of the award recommended to OLUCC,the Director
all determine whether both the following criteria have been met:
(i) The net amount of direct tax revenues returned to the City as a result of the
Project for which the EDIP funds are provided will exceed the amount of the
EDIP funds provided no later than 48 months following the payment of the
EDIP award; or where flexibility for tax abatement has been granted by the
City, the amount of direct tax revenues not abated as a result of the Project for
which EDIP funds are provided will exceed the amount of the EDIP funds
provided no later than 48 months following the payment of the EDIP award;
and/or
(ii) For every one dollar ($1) in EDIP funds provided, the Applicant of the
Project for which such funds are provided will spend ten and 501100 dollars
13
($10.50) or more in new Capital Investment, including buildings, furnishings,
and/or equipment.
The foregoing investment criteria and required return to the City shall be interpreted
as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds
may be made unless all other requirements of Part C of this Policy are satisfied and all findings
stated in Part C of this Policy are made. The Authority shall have complete discretion as to the
award of EDIP funds and the amount of EDIP funds awarded, as well as wh er or not the criteria
have been met.
5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of
land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that
land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible
and(ii)if owner retains ownership of the subject land, agrees to restrict the further use of that land
to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an
award of up to $75,000 to offset actual moving expenses incurred in moving the said
nonconforming use out of APZ-1 or the Clear Zones.
6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds
for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in
APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility
Traffic Area Conformity and Acquisition II).
7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for
use in a Project located in APZ-1 or the Clear Zones may apply for that purpose through the
Department. The form of the application is attached hereto as Exhibit A. the Applicant shall also
complete the City of Virginia Beach Disclosure Statement Form,attached hereto as Exhibit B.The
Applicant shall identify in writing any confidential or proprietary information contained in or
provided with the application at the time of submission. The failure to mark such materials may
result in the disclosure by the City or the Authority pursuant to applicable open records laws. If,
on review by the City,it is determined that the designated information may not be kept confidential
by the city, the document containing same will be redacted or returned to the party submitting it.
The Applicant shall submit such additional information and documentation concerning its
application as may be required by the Director. The Director shall review the application and
information submitted and may, if the Director finds that the Project described in the application
satisfies all requirements of this Part C,recommend to the Authority that it award EDIP funds for
the Project. The Director's recommendation shall be in writing and shall include the proposed
amount of the award and basis therefore under this Policy. This recommendation may take the
form of the written presentation made to the Authority in a closed session. As set forth more fully
in Section 4,an EDIP award must be approved by a formal vote in an open session of the Authority.
Once an award is approved, the recommendation of the Director and all non-confidential or
proprietary portions of the application will become public records. In determining whether to
recommend that EDIP funds be awarded to for the Project,the Director shall find as follows:
14
a. Whether the provision of EDIP funds is necessary to stimulate the
development or redevelopment of the property/area; and
b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of
this Part C.
c. Whether the Project is consistent with the APZ-1 Ordinance.
Additionally,the Director may consider the following:
d. The amount of EDIP funds remaining and available for use pursuant to this
Policy for the fiscal year.
e. The economic return to the City generated by the Project.
f. The expertise and experience of the Applicant in redeveloping brownfields,
greyfields, abandoned, blighted, under improved and underdeveloped
properties.
i
g. The degree to which the Project may influence compatible development or
redevelopment within the APZ-1 and development of adjacent or nearby
properties.
h. The extent to which the Project may serve to implement a change in use which
is consistent with and/or furthers the goals of the Comprehensive Plan, the
City's .Economic Development Strategy, and the APZ-1 Ordinance, as
amended.
i. The amount of the Applicant's Capital Investment in the Project.
j. The value of moving a use of property that is inconsistent with the APZ-1
Ordinance out of the APZ-1 or the Clear Zones.
8. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director,
acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but
the criteria set forth in _ aph 4 of this Part C have not been met, the Authority shall obtain
specific approval fro Council prior to its approval of the provision of EDIP funds for such
purpose
9. AUTHORITY FINDINGS AND ACTION. Upon consideration of the
recommendation of the Director, the Authority may, by a recorded majority vote at a public
meeting,approve the award of EDIP funds to for the Project. The Authority may attach conditions
to the approval of the award of EDIP funds. The Authority shall not be required to approve the
Director's recommendation, but shall exercise its legislative discretion in determining whether,
and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the
Authority's objective of fostering and stimulating the development of industry in the City,
15
including the retention of NAS Oceana as a master jet base. Provided, however, that prior to
approval of the award of EDIP funds for the Project, the Authority must make the following
findings:
a. That the animating purpose of the proposed provision of EDIP funds for the
Project is to serve the public purpose of fostering and stimulating economic
development in the City of Virginia Beach, including the retention of NAS
Oceana as a master jet base; and
b. That the expenditure of such EDIP funds will only incidentally enure to the
benefit of private interests, if at all;
c. That the proposed provision of EDIP funds for the Project is in furtherance of
the purposes for which the Authority was created;
d. That without the stimulus of the EDIP award, it is unlikely that the property
would be developed or redeveloped to the extent pro sed, or at the current
time; :,.
e. That as of the date of application for the EDIP award, the Applicant had not yet
commenced construction of the Project;
f. That without the stimulus of the EDIP award, it is unlikely that the Applicant
would locate,remain or expand in the City;
g. That as of the date the Director presents his or her recommendation to the
Authority in closed session,the Applicant had not yet commenced construction
of the Project. Consideration in a closed session does not indicate approval and
any investment or expenditure made by the Applicant is done at the sole risk of
the Applicant. Further, if an award is not approved within seventy(70)days of
the date of closed session, no investments made prior to seventy (70) days of
the date of the approval of the award in open session will be considered for
reimbursement under the award;
h. The Applicant for an award shall certify to the Authority that the findings in
section(e),(f)and(g),above,are true and accurate at the time of the Authority's
vote on an award;
i. at the property is in APZ-1 or the Clear Zones;
j. That the proposed Project is consistent with the City's Comprehensive Plan,the
City's Economic Development Strategy and the APZ-1 Ordinance,as amended;
k. That the scope and quality of the Project will serve to influence redevelopment
and additional capital investment in adjacent or nearby properties or, in APZ-1
16
and Clear Zones, will foster the retention of NAS Oceana as a master jet base;
and
1. The Oceana Land Use Conformity Committee has endorsed in writing the
award of EDIP funds as proposed by the Authority
10. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority
of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which
shall include the following information:
a. The name of the Applicant, and the location O<e�fdescription of the
Project;
b. The amount of EDIP funds that will be provided;
c. The purpose or purposes for which the EDIP funds are to be provided;
d. A statement that the criteria set forth in paragraph 4 of this Part C have been
met;
e. A statement that thefindings set forth in paragraph 9 of this Part C have been
made by the Authority; and
f. Any conditions to the approval of the award of the EDIP funds by the Authority.
11. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO
RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed
real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority
or the City. The Authority is authorized to pay a commission to that broker in an amount not to
exceed the following:
Sale Price Cumulative Commission Rate
$ 0 - $500,000 5%
$500,001 - $1,000,000 3%
$1,000,001 and up 2%
PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A, B AND C.
1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained
by the Authority in a separate account and shall not be commingled with other Authority funds.
2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in
keeping with this Policy and may enure only incidentally to the benefit of private interests. In
addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may
also be utilized to conduct appraisals, financial and market studies, and architectural and
17
engineering studies directly related to specific economic development initiatives and/or projects
being conducted by the Authority on behalf of the City.
3. PAYMENT OF EDIP FUNDS.
a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy,
they shall be paid to the Applicant at such time as the Director shall (i) obtain
copies such records from the Applicant (including all contractors or
subcontractors)necessary to document the actual costs incurred for the purpose
or purposes for which the funds are to be provided, including invoices and
evidence of payment; (ii) determine that the Project is in conformity with the
plan of development presented to the Authority and with all conditions which
may have been attached to the approval of the award of the EDIP funds by the
Authority; and (iii) where required by the Authority (such as when a majority
of the justification for an EDIP award is for the acquisition of personalty that
could be removed from the City of Virginia Beach),the Applicant shall execute
and deliver to the Authority an E IP Recapture Agreement in a form acceptable
to counsel for the Authority.
b. Prior to paying funds to any Applicant based on New Jobs or Retained Jobs,the
Applicant shall submit to the Authority a copy of its Virginia Employment
Commission Quarterly Tax Report FC-20,
c. Prior to paying funds to any Applicant based on New Jobs or Retained Jobs that
are Teleworking Jobs,the Applicant shall submit to the Authority a certification
that such employees physically report to the Applicant's location in Virginia
Beach at least three days per week unless such workers are not at the
Applicant's location for a project (such as a construction project outside of
Virginia Beach requiring an employees' attendance at the project for the
duration of the project). On the request of the Authority, the Applicant will
provide the following information for employees classified as holding
Teleworking Jobs:
Individual titles
i; Individual salaries
iii. Hire Date
iv. Zip code of residence or remote work site
d. , Each resolution approving an EDIP award under this Policy shall contain a
statement of the amount of Capital Investment to be made and/or New Jobs to
be added as a basis for the award of EDIP funds approved. Notwithstanding
anything to the contrary in this Policy, the resolution shall also direct that the
full amount of the EDIP award approved shall not be paid unless at least eighty-
five percent(85%)of the Capital Investment and/or New Jobs are actually made
and/or added or retained.
18
e. If moveable equipment in the City of Virginia Beach at the time of an EDIP
award is to be considered as a basis for the calculation of Capital Investment,
the resolution shall contain a statement of the value of such movable equipment
at the time of the EDIP award.
f. The Director shall compile a written report for each EDIP award paid
documenting the methodology employed, records reviewed and steps
undertaken to ensure compliance with the terms of this Policy. The report shall
include sufficient information to determine compliance with the Capital
Investment and/or New Job requirement(s)of Section 3(b), above. This report
shall be provided to the Commissioners at their monthly financial briefing.
4. SPECIFIC PURPOSES FOR THE USE OF IP FUNDS. When EDIP funds
are awarded for a Project pursuant to this Policy, such funds s e used only for the following
purposes:
a. Public and private utility extension or capacity development on and off site;
b. Road,rail,or other transportation access costs beyond the funding capability of
existing programs;
c. Public and private installation, extension or capacity development of high-
speed of broadband Internet access, whether on or off site;
d. Site acquisition;
e. Grading, drainage, paving, and any other activity required to prepare a site for
construction;
A0,111 '' " . :
f. strucfion or build-out of publicly or privately owned buildings;
g. Training costs;
h. Purchase and installation of tangible business property, located in the City of
Virginia Beach, in the following categories:
AW
• Machinery and Tools;
• Tangible personal property used for research and Development;
• Computer hardware used by businesses primarily engaged in providing
data processing services to other nonrelated or affiliated businesses;
• Programmable computer equipment and peripherals employed in a
trade or business(not individual workstations);
• Tangible personal property used in the provision of Internet services;
19
• Equipment used primarily for research, development, production or
provision of biotechnology for the purpose of providing products or
processes for specific commercial or public purposes;
• Tangible property designed and used primarily for the purpose of
manufacturing a product from renewable energy.
5. REPORTING.The Authority shall provide City Council annual reports,outlining,
in detail, the manner in which the EDIP funds were provided. Such reports shall include, at a
minimum,the information required by subsections a,b,and c of paragraph 6 of Part A,subsections
a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the
provisions of this Policy and Procedure.
6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be
amended without the prior consent and approval of the City Council and the Authority.
7. APPLICATION OF POLICY. This Policy is specifically applicable to the
expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be,
applicable to the use of public funds from any source other than the EDIP.
8. EFFECTIVE DATE OF POLICY. This Policy shall become effective
immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach
Development Authority, which approval shall be evidenced by signature of the Mayor of the City
of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by,
and on behalf of,the City and the Authority,respectively.
PART E:[INTENTIONALLY DELETED]
PART F: POLICY AND PROCEDURE FOR THE PROVISIONS OF EDIP FUNDS FOR
SMALL,WOMEN-OWNED, MINORITY-OWNED,VETERAN-OWNED AND
SERVICE-DISABLED VETERAN OWNED BUSINESSES:
1. PURPOSE AND INTENT: The program seeks to increase access to funding for
historically underserved and marginalized small businesses through the use of grants to qualifying
businesses. Small, women, minority-owned, veteran-owned and service-disabled veteran owned
businesses, as such terms are defined in Virginia Code § 2.2-4310, are a diverse mix of start-ups
and emerging businesses; there are limited capital tools available specifically for this sector of the
business community in the City of Virginia Beach ("City"). This Part F seeks to provide grants
("Grants") to qualifying businesses on a reimbursement basis, subject to available funding, to
promote the continued operation and expansion of these businesses within the City.
2. QUALIFYING BUSINESSES: To qualify, a business must be able to
demonstrate the following:
20
a. It is a micro-business as contemplated by §15.2-965.2 of the Code of Virginia,
or is a veteran-owned or service-disabled veteran-owned business with fewer
than twenty-five(25) employees;
b. It holds a valid Virginia Beach business license;
c. It has operated in the City for at least one year as evidenced by tax returns or
other documentation acceptable to the Authority;
d. It is current on the payment of all local taxes and fees;
e. It has not received any other grant from the Authority or the City within the past
year(12 months); and
f. It does not employ an officer, official or employee of the City, Authority or
Minority Business Council.
3. SIZE OF GRANTS AND FUNDING: Grants shall be up to a maximum of
$10,000 per approved business. The initial funding for this program is $576,879.46 and shall be
administered in phases of$150,000 each until funding is exhausted. Future funding is dependent
on appropriation by City Council. 4.1
4. APPLICATION PROCESS AND REPRESENTATIONS BY BUSINESS: A
business seeking a Grant shall attend a pre-application workshop at the Virginia Beach HIVE(the
"HIVE"), and submit (i) an application and (ii) a Disclosure Statement Form (a copy of each are
attached hereto)by email to: thehive@vbgov.com. In the application, the business will:
a. Affirmatively state that it meets the criteria set forth in Section 2, above;
b. Provide documentation to confirm one year of operation in the City;
c. Provide a current business plan or strategic plan;
d. Identify the proposed use of the grant funds;
e. If a SWaM,veteran-owned or service-disabled veteran owned business,provide
documentation to that effect; and
ft Commit to attending at least six business counseling sessions at the HIVE if
awarded a Grant.
Applications will be accepted in thirty-day cycles while funding is available. The first
cycle will commence October 21, 2024 and close November 21, 2024. Thereafter, the Authority
will give at least ten (10) days' notice before it opens the next cycle.
5. SELEC COMMITTEE: The Chair of the Authority shall appoint, at a
regular or s 1 ng of the Authority, a Selection Committee to review all completed
applications an = e recommendations to the Authority for the approval of awards under this
Part F. The Selection Committee will have four (4) members, and will have one representative
from:
a. The Authority
b. The Minority Business Council
c. The Department of Economic Development
d. The City Manager's Office
21
Representatives of the Selection Committee will serve one-year terms and may be reappointed by
the Chair. The Chair may fill any vacancy at the next regular or special Authority meeting. Any
member of the Selection Committee shall abstain from reviewing an application to which such
member has a personal interest. For purposes of this section,the applicable definition of"personal
interest"is provided by Virginia Code § 2.2-3101.
6. SELECTION PROCESS: All completed applications will be reviewed by the
Selection Committee with priority consideration given to applications firor&businesses that are
women, minority, veteran-owned or service-disabled veteran-owned. lection Committee
shall evaluate the proposed use of funds, and how the provision of ant will promote the
continued operation and/or expansion of the business in the City wh its recommendation
as to the award and size of a grant under this Part F.
Not-for-profit entities, chains with more than three loca and nationa chises, will
not be considered for Grants under this Part F.
The Selection Committee will make its recommendation as to the awar d and size of grants
to the Authority for consideration at one of the Authority's regular or special meetings.
7. USE OF FUNDS: A business may seek reimbursement pursuant to this Part F for
the following purposes:
a. Working capital for the purchase of inventory or renewables
b. Marketing and advertising expenses
c. Developmf online or mobile presence
d. Equipment/supplies purchases
e. Business expansion
f. Real estate acquisition
g. Such other business development purposes identified by the business and
approved by the Authority in its Resolution.
A business may not seek reimbursement for payroll,insurance, salaries,lease payments,or
personal expenses.
8. AUTHORITY FINDINGS: Prior to approving a Grant, the Authority shall make
the following findings:
a. That the business qualifies under the requirements of Paragraph 2 of this
Part F;
b. That the animating purpose of the proposed provision of EDIP funds for
the Grant is the public purpose of promoting economic development and
retaining business and employment opportunities in the City;
C. That the expenditure of such funds will only incidentally enure to private
interests, if at all;
d. That the proposed provision of funds for the Grant is in furtherance of the
purposes for which the Authority was created; and
22
e. The provision of the Grant will promote the continued operation and/or
expansion of the business in the City.
9. AUTHORITY APPROVAL OF GRANTS: Approval by the Authority of the
provision of a Grant to a specific business, pursuant to this Part F, shall be in the form of a
Resolution which shall include the following information:
a. The name of the business;
b. The location and brief description of the business;
c. The amount of the Grant;
d. The specific purpose for which the Grant will be
e. A statement that the findings set forth in Para 8 o Part F have been
met; and
f. A single Resolution may be adopted to approve multiple Gr long as the
above information is included for each recipient in that Resoluti
10. GRANT PAYOUTS: Once approved, Grants shall be paid on a reimbursement
basis at such time as the business has produced documentation acceptable to the Director of
Economic Development, that the business has expended funds for the purpose set forth in the
Resolution approving the Grant. Acceptable documentation shall include, but not be limited to,
paid invoices, receipts, or cancelled checks. For good cause shown, in the discretion of the
Director of Economic Development, a Grant may be pre-paid or paid directly to a third party for
an allowable use so long as the Director documents the basis for payment and receives reasonable
assurances from the recipient that the use of funds will be only for purposes set forth in this Part
F. The Director shall document in writing the cause for prepayment and assurances received.
Date:
AL
Ma City o ginia Be Chair, City of Virginia Beach
Development Authority
Approved as to Content: Approved as to Legal Sufficiency:
Economic Development City Attorney
VBDA approved 2/20/24 and 6/18/24
23
44
ITEM— V.K.5
ORDINANCES/RESOL UTION
ITEM#76155
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for
up to five (5)years with the United States Coast Guard re 36 +/- square foot portion of City property
located on the Jetty on the North side of Rudee Inlet
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS WITH
3 THE UNITED STATES COAST GUARD FOR A 36+/-
4 SQUARE FOOT PORTION OF CITY PROPERTY
5 LOCATED ON THE JETTY ON THE NORTH SIDE OF
6 RUDEE INLET
7
8 WHEREAS, the City of Virginia Beach (the "City")owns the jetty located on the north
9 side of Rudee Inlet;
10
11 WHEREAS, the United States Coast Guard (the "USCG") currently leases from the
12 City a portion of property located 25 feet from the breakwater and consisting of
13 approximately 36 square feet (the "Property");
14
15 WHEREAS, the USCG installed and maintains the lighting, power supply equipment
16 and associated navigational aids for Rudee inlet on the Property;
17
18 WHEREAS, the current lease will expire in September 2024 and the USCG desires
19 to renew the lease agreement for up to an additional five years; and
20
21 WHEREAS, the Property would be used for navigational purposes and for no other
22 use.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager, or his designee, is hereby authorized to execute a lease
28 agreement with the United States Coast Guard, for approximately 36 square feet of
29 property located on the jetty on the north side of Rudee Inlet, so long as the terms and
30 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit A,and
31 made a part hereof, and such other terms, conditions or modifications as may be
32 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the,7 t h day of
35 September 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tO
Public Works / Real Estate City Attorney
CA16552
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R-1
September 5, 2024
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR 36 SQUARE FEET OF CITY PROPERTY
FOR NAVIGATIONAL AID PURPOSES
LESSOR: City of Virginia Beach (the "City")
LESSEE: United States Coast Guard (the "USCG")
PREMISES: Approximately 36 square feet (6' x 6' area) of City-owned land located
25 feet from the breakwater on the jetty on the north side of Rudee Inlet
TERM: September 1, 2024 through August 31, 2025, with four (4) additional one-
year renewal options
RENT: Rent shall be $100.00 per year.
RIGHTS AND RESPONSIBILITIES OF USCG (LESSEE):
• The USCG shall use the Premises for maintenance of the lighting, power supply
equipment and related navigational aids and for no other purpose. Any
unauthorized use of the Premises shall constitute a breach of the lease and
cause its immediate termination.
• To the extent permitted by law, the USCG assumes the entire responsibility and
liability for any and all damages to persons or property caused by any act or
omission of the USCG or its officers, invitees, employees and agents associated
with the use of the Premises.
RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR):
• The City assumes responsibility for the maintenance of the Premises and the
means of ingress and egress during the lease term.
• The City shall notify the USCG prior to the placement of any item onto the
structure which holds the light tower and related navigational aids and associated
equipment.
TERMINATION:
• The USCG may terminate the lease upon giving the City thirty (30) days' written
notice.
45
ITEM— V.K.6
ORDINANCESIRESOL UTION
ITEM#76156
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a
750 square foot portion of an unimproved lane adjacent to the rear of 200 76`"Street
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING THE CONDITIONS IN THE
3 MATTER OF CLOSING A 750 SQ. FT. PORTION
4 OF AN UNIMPROVED LANE ADJACENT TO
5 THE REAR OF 200 76T" STREET
6
7 WHEREAS, on September 20, 2022, the Council of the City of Virginia Beach
8 acted upon the application of Frank A. Zingales ("Zingales") and James T. Cromwell
9 Esq. ("Cromwell"), Receiver for Shore Realty Corp., for the closure of an approximately
10 750 sq. ft. portion of an unimproved, unnamed right-of-way, adjacent to the rear of 76th
11 Street (GPINs 2419-67-2161 & 2419-67-2183);
12
13 WHEREAS, City Council adopted an Ordinance (ORD-3712C) to close the
14 aforesaid portion of right-of-way, subject to certain conditions being met on or before
15 September 19, 2023;
16
17 WHEREAS, in July 2023, Zingales conveyed his property located at 200 76th
18 Street to Scott Washburn and Volha Washburn (collectively, the "Washburns", and
19 together with Cromwell, collectively, the "Applicants");
20
21 WHEREAS, on August 21, 2023, Cromwell requested an extension of time to
22 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3752C,
23 City Council approved the extension until September 19, 2024; and
24
25 WHEREAS, on August 26, 2024, the Applicants requested an additional
26 extension of time to satisfy the conditions of the street closure.
27
28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
29 Beach, Virginia:
30
31 1. That the date for meeting conditions of closure as stated in the Ordinance
32 adopted on September 20, 2022 (ORD-3712C), is extended to September 19, 2025.
33
34 2. A certified copy of this Ordinance shall be filed in the Clerk's Office of the
35 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
36 OF VIRGINIA BEACH (as "Grantor") and SCOTT WASHBURN, VOLHA WASHBURN
37 and JAMES T. CROMWELL, ESQ., Receiver for Shore Realty Corp., (collectively, as
38 "Grantee").
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day
41 of September , 2024.
No GPIN assigned (City Right-of-Way)
Adjacent GPINs: 2419-67-2161, 2419-67-2183,
2419-67-1078-1840 & 2419-67-1078-1850
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
City Attorney Planning Department
CA16566
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R-1
August 29, 2024
2
46
ITEM— V.K 7
ORDINANCESIRESOL UTION
ITEM#76157
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ESTABLISH Capital Project #100684, "Seatack Park
Improvements,"and to APPROPRIATE$3-Million in Public Facility Revenue Bonds
Voting: I1 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT
2 #100684, "SEATACK PARK IMPROVEMENTS," AND TO
3 APPROPRIATE $3,000,000 IN PUBLIC FACILITY REVENUE
4 BONDS
5
6 WHEREAS, on May 15, 2001 the City Council adopted an ordinance that allocated
7 the revenue generated by forty-four(44) hundredths of one (1) percent of the tax on meals
8 purchased at food establishments to the Open Space Special Revenue Fund;
9
10 WHEREAS, on May 10, 2022, the City Council reaffirmed the goal of the Open
11 Space Program is to identify, acquire, and preserve real estate for future recreational
12 development in the City;
13
14 WHEREAS, at the City Council 2024 Winter Retreat direction was given that staff
15 examine all revenue dedications for capacity that exists beyond known obligations due to
16 operational and capital funding needs exceeding the City's General Fund capacity;
17
18 WHEREAS, the analysis provided to City Council identified capacity within several
19 dedicated revenue sources with one of the identified dedications being the Open Space
20 Program;
21
22 WHEREAS, subsequent City Council meetings included discussion by various
23 members about the potential of utilizing some of the Open Space Program capacity to
24 build out parks; and
25
26 WHEREAS, City Council directed staff to identify $3,000,000 in funding for the
27 expansion and renovation of the Seatack Park;
28
29 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA, THAT:
31
32 1 . Capital Project #100684, "Seatack Park Improvements," hereby established
33 within the Parks and Recreation Section of the FY 2024-25 Capital
34 Improvement Program (CIP). The Project Page attached hereto shall be added
35 to the CIP.
36
37 2. $3,000,000 is hereby appropriated to Capital Project #100684. The revenue
38 supporting this appropriation is the use of Public Facility Revenue Bonds. The
39 Director of Finance is hereby authorized and directed to supplement the
40 reimbursement declaration for the PFRB authorization related to the FY 2024-
41 25 CIP to include this authorization. The debt service associated with these
42 bonds is to be supported by the City's Open Space Special Revenue Fund
43 through the existing dedication.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t b day of
September 12024.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services tt e O ce
CA16638
R-1
August 28, 2024
City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program
Project: 100684 Title:Seatack Park Improvements Status: Proposed
Category: Parks&Recreation Department: CAPITAL PROJECTS PLACE HOLDER Ranking: 0
Project Type Project Location
Project Type: New Facility Construction/Expansion District: 6
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future
Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding
3,000,000 3,000,000 0 0 0 0 01 0 0
Description
This project funds improvements to Seatack park including a 50 space parking lot,restrooms,playground replacements,shelters,and other park amenities.
Purpose
Seatack Park,located off Birdneck Road is 5.0 acres and was acquired in 1970.The park currently has a playgound built in 2011,a basketball court, small
baseball field,and gravel parking lot.These improvements will expand and improve amenities within the neighborhood and establish this as a community park.
History and Current Status
This project was established by the City Council on September 3,2024.It is funded by Public Facility Revenue Bonds to be repaid by the Open Space Special
Revenue Fund.
Operating Budget
Project Map Schedule of Activities
-- -- —-- -- — - Project Activities From-To Amount
Design 03/25-03/26 400,000
Construction 03/25-03/27 2,600,000
Total Budgetary Cost Estimate: 3,000,000
Means of Financing
NO MAP REQUIRED Funding Subclass Amount
Local Funding 3,000,000
Total Funding: 3,000,000
GovMax 1 8/28/2024
47
ITEM— V.K.8
ORDINANCESIRESOL UTION
ITEM#76158
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$719,970 from the Federal
Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re continued
operation of the Virginia Task Force 2 Urban Search and Rescue Team
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM FEMA FOR THE CONTINUED
3 OPERATION OF THE VIRGINIA TASK FORCE 2
4 URBAN SEARCH AND RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $719,970 is hereby accepted from the Federal Emergency Management Agency
10 and appropriated, with federal revenue increased accordingly, to the FY 2024-25
11 Operating Budget of the Fire Department, for the administration of Virginia Task Force 2.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of September 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City At rney s Office
CA16645
R-1
September 4, 2024
48
ITEM— V.K.9
ORDINANCESIRESOL UTION
ITEM#76159
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $467,000 from the Police
Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating
Budget re police equipment and training
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO APPROPRIATE $467,000 IN FUND
2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED
3 ASSETS SPECIAL REVENUE FUND FOR POLICE
4 RECRUITING
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $467,000 is hereby appropriated, with revenues increased accordingly, from
10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to
11 the FY 2024-25 Police Department Operating Budget for police equipment and training.
12 The City makes no commitment to replace any equipment purchased with these funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of
September 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City rn ffice
CA16640
R-1
August 29, 2024
49
ITEM— VX 10
ORDINANCESIRESOL UTION
ITEM#76160
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$122,600 from the Virginia
Department of Motor Vehicles(DMi? to the FY2024-25 Police Department Operating Budget re overtime
and equipment expenses related to the seatbelt and speed enforcement and AUTHORIZE a 50%in-kind
grant match
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR ENFORCEMENT OF S EATB ELT/OCCU PANT
3 PROTECTION LAWS AND TO AUTHORIZE AN IN-KIND
4 GRANT MATCH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $122,600 is hereby accepted from the U.S. Department of
10 Transportation, National Highway Traffic Safety Administration via the Virginia
11 Department of Motor Vehicles, and appropriated, with federal revenue increased
12 accordingly, to the FY 2024-25 Police Department Operating Budget for overtime and
13 equipment expenses related to the seatbelt and speed enforcement.
14
15 2. The local grant match of in-kind resources within the Department, equal to
16 50% of the federal funds is hereby authorized.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of
September 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services ity rney's ffice
CA16648
R-1
September 4, 2024
50
ITEM— V.K.11
ORDINANCESIRESOL UTION
ITEM#76161
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $55,450 from the Virginia
Department of Motor Vehicles(DMV)to the FY2024-25 Police Department Operating Budget re overtime,
training,and equipment expenses related to the DUI enforcement and AUTHORIZE a 50%in-kind grant
match
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO
3 AUTHORIZE AN IN-KIND GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That $55,450 is hereby accepted from the U.S. Department of
9 Transportation National Highway Traffic Safety Administration via the Virginia
10 Department of Motor Vehicles and appropriated, with federal revenue increased
11 accordingly, to the FY 2024-2025 Police Department Operating Budget for overtime,
12 training, and equipment expenses related to the DUI enforcement.
13
14 2. The local grant match of in-kind resources within the Police Department
15 equal to 50% of the federal funds is hereby authorized.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of
September 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services ��rneVy�s'Office
CA16649
R-1
September 4, 2024
51
ITEM— VK.12
ORDINANCESIRESOL UTION
ITEM#76162
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$81,861.55 and an additional
$2,455.85 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task Force 2 for wildfires in New Mexico
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR COSTS RELATED TO THE NEW
3 MEXICO WILDFIRES DEPLOYMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 1) $81 ,861.55 is hereby accepted from the Federal Emergency Management
9 Agency and appropriated, with federal revenue increased accordingly, to the
10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of
11 Virginia Task Force 2 for wildfires in New Mexico.
12
13 2) $2,455.85 is hereby accepted from Federal Emergency Management Agency
14 and appropriated, with federal revenue increased accordingly, to the FY 2024-
15 25 Operating Budget of the Fire Department, for the administration of Virginia
16 Task Force 2's mobilization to New Mexico.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
Of September , 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
_ 1
Budget and Management Services City At me ice
CA16643
R-1
September 4, 2024
52
ITEM— i!K13
ORDINANCES/RESOLUTION
ITEM#76163
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT, Ordinance to ACCEPT and APPROPRLITE$19,538.76 and an additional
$586.16 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task Force 2 for a tropical disturbance in Puerto Rico and
REIMBURSE$2,000 to the Federal Emergency Management Agency for the overpayment re 2020 Puerto
Rico Earthquake deployment
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR COSTS RELATED TO THE PUERTO
3 RICO TROPICAL DISTURBANCE DEPLOYMENT AND
4 TO REIMBURSE FEDERAL EMERGENCY
5 MANAGEMENT AGENCY FOR OVERPAYMENT
6 RELATED TO THE 2020 PUERTO RICO
7 EARTHQUAKE DEPLOYMENT
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA THAT:
11
12 1) $19,538.76 is hereby accepted from the Federal Emergency Management
13 Agency and appropriated, with federal revenue increased accordingly, to the
14 FY 2024-25 Operating Budget of the Fire Department for the mobilization of
15 Virginia Task Force 2 for a Tropical Disturbance in Puerto Rico.
16
17 2) $586.16 is hereby accepted from Federal Emergency Management Agency
18 and appropriated, with federal revenue increased accordingly, to the FY 2024-
19 25 Operating Budget of the Virginia Beach Fire Department, for the
20 administration of Virginia Task Force 2's mobilization to Puerto Rico.
21
22 3) $2,000 is hereby accepted from the Federal Emergency Management Agency
23 and appropriated, with federal revenue increased accordingly, to the FY 2024-
24 25 Operating Budget of the Virginia Beach Fire Department for the 2020 Puerto
25 Rico Earthquake Deployment and authorized to be repaid to the Federal
26 Emergency Management Agency as the result of overpayment to the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of September 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City ttorney's Office
CA16646
R-1
September 4, 2024
53
ITEM— VX 14
ORDINANCES/RESOLUTION
ITEM#76164
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT,Ordinance to ACCEPT and APPROPRIATE$66,112.23 and an additional
$1,983.37 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Texas
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR COSTS RELATED TO THE TROPICAL
3 CYCLONE BERYL TEXAS DEPLOYMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 1) $66,112.23 is hereby accepted from the Federal Emergency Management
9 Agency and appropriated, with federal revenue increased accordingly, to the
10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of
11 Virginia Task Force 2 for Tropical Cyclone Beryl in Texas.
12
13 2) $1,983.37 is hereby accepted from Federal Emergency Management Agency
14 and appropriated, with federal revenue increased accordingly, to the FY 2024-
15 25 Operating Budget of the Fire Department, for the administration of Virginia
16 Task Force 2's mobilization to Texas.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of September 12024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
c n .ti
Budget and Management Services City orney's Office
CA16642
R-1
September 4, 2024
54
ITEM— VK.15
ORDINANCESIRESOL UTION
ITEM#76165
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $12,320 and an additional
$369.60 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating
Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico
Voting: 11 -0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR COSTS RELATED TO THE TROPICAL
3 CYCLONE BERYL PUERTO RICO DEPLOYMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 1) $12,320.00 is hereby accepted from the Federal Emergency Management
9 Agency and appropriated, with federal revenue increased accordingly, to the
10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of
11 Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico.
12
13 2) $369.60 is hereby accepted from Federal Emergency Management Agency
14 and appropriated, with federal revenue increased accordingly, to the FY 2024-
15 25 Operating Budget of the Fire Department, for the administration of Virginia
16 Task Force 2's mobilization to Puerto Rico.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day
of September, 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ti
Budget and Management Services City torney's Office
CA16644
R-1
September 4, 2024
55
ITEM— V.K.16
ORDINANCES/RESOLUTION
ITEM#76166
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,000 from the Virginia
Department of Emergency Management to the FY2024-25 Emergency Communications and Citizen
Services Operating Budget re Public Safety Answering Points (PSAP)education program
Voting: 11 - 0
Council Members Voting Aye.-
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY
3 MANAGEMENT FOR THE PUBLIC SAFETY ANSWERING
4 POINTS EDUCATION GRANT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $1 ,000 is hereby accepted from the Virginia Department of Emergency
10 Management and appropriated, with estimated revenues increased accordingly, to the
11 FY 2024-25 Operating Budget of the Emergency Communications and Citizen Services
12 department for the PSAP Education grant.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of September 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services y r y' Office
CA16639
R-1
August 28, 2024
56
ITEM— V.K.17
ORDINANCESIRESOL UTION
ITEM#76167
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRMTE $250 from the Virginia
Alcoholic Beverage Control Authority's Youth Alcohol and Drug Abuse Prevention Project to the FY2024-
25 Parks and Recreation Operating Budget re Youth Alcohol and Drug Abuse Prevention Project
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA ALCOHOLIC BEVERAGE CONTROL
3 AUTHORITY'S YOUTH ALCOHOL AND DRUG ABUSE
4 PREVENTION PROJECT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $250 is hereby accepted from the Virginia Alcoholic Beverage Control Authority's
10 Youth Alcohol and Drug Abuse Prevention Project and appropriated, with revenue
11 increased accordingly, to the FY 2024-25 Operating Budget of the Department of Parks
12 and Recreation for a Youth Alcohol and Drug Abuse Prevention Project.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of September 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services Ci ttorney's Office
CA16641
R-1
September 4, 2024
57
ITEM— V.L1
PLANNING ITEMS
ITEM#76168
The following registered to speak.-
Michael Inman, 575 Lynnhaven Parkway,Phone:486-7855, Co-Attorneyfor Applicant spoke in SUPPORT
Jeanne Lauer, Co-Attorney for Applicant spoke in SUPPORT
Brad Wesseler, 1140 Rollingwood Arch, Phone: 636-1616, spoke in OPPOSITION
Mark D'Adarria, 989 Autumn Harvest Drive, Phone:589-0445, declined to speak but during City Council
discussion was asked to make comments where he spoke in OPPOSITION
Upon motion by Council Member Hutcheson, seconded by Council Member Rouse, City Council DENIED
application of MARYLIVELYfor a Variance to Section 4.4(b)of the Subdivision Regulations re construct
a single-family dwelling for a parcel directly East of 1140 Rollingwood Arch and North of 989 Autum
Harvest Drive DISTRICT 1
Voting: 9-2
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Chris Taylor
Council Members Absent:
None
September 17, 2024
58
ITEM— V.L.2
PLANNING ITEMS
ITEM#76169
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,AS CONDITIONED,BY CONSENT, application of TIMOTHYPAASCH/OCEAN
RESCUE SERVICE INC for a Special Exception For Alternative Compliance re low-speed vehicle
storage at 1804 Arctic Avenue DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TIMOTHYPAASCH/OCEAN RESCUE SERVICE INC for a SSpecial
Exception For Alternative Compliance re low-speed vehicle storage at
1804 Arctic Avenue(GPIN 2427078360)DISTRICT 6
The following conditions shall be required:
1. This Alternative Compliance shall expire on December 31s`, 2029 (1213112029). To
continue the use of the Low-speed Vehicle Storage Facility after such expiration, a new
Alternative Compliance shall be obtained if still required by the applicable code sections.
2. The total number of Low-speed Vehicles permitted to be stored at this facility, addressed
1804 Arctic Avenue, shall be twenty(20).
3. No outdoor storage ofLow-speed Vehicles is permitted on this property—All vehicles must
be stored within the facility, addressed 1804 Arctic Avenue, located on the property.
4. A sticker or plaque, as approved by the Zoning Administrator or their designee, shall be
placed within the Low-speed Vehicles where such sticker or plaque will be seen and read
by a reasonably observant customer is required. Such sign shall contain the following
information at a minimum:
a. Operators must be sixteen (16)years or older to operate.
b. Valid driver's license is required of all customers.
c. Customers must be familiar with and obey traffic laws. Violations will
be prosecuted by police.
d. Operation is prohibited on the boardwalk and the adjacent grassy
area and bicycle path,oceanfront parks and plazas, the beach, and all
sidewalks.
S. Prior to the operation of the Low-speed Vehicle establishment an approved business
license for this address must be obtained from the Commissioner of the Revenue's Office.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
September 17, 2024
59
ITEM— V.L.2
PLANNING ITEMS
ITEM#76169
(Continued)
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of September Two
Thousand Twenty Four.
Voting: I1 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
0'R,,
OR
74
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ztb
OR
-------------
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JJ 7 OR
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OR
M
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® Site
W E
Property Polygons Timothy Paasch
Zoning 1804 Arctic Ave S
Building
Feet
012.T5 50 75 100 125 150
60
ITEM— V.L.3
PLANNING ITEMS
ITEM#76170
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of GORDON R. CRENSHAW &
HANNAH L CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved
portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6(Deferred from August
13, 2024)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
GORDON R. CRENSHAW& HANNAH L CRENSHAW for a Street
Closure re approximately 6,327 square feet of an unimproved portion of
Windsor Road adjacent to 1217 North Bay Shore Drive (GPINs
2418187390, 2418187483) (Deferred from August 13, 2024)DISTRICT 6
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City of Virginia Beach shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures,"approved by City Council. Copies of the policy are available
in the Planning Department.
2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate
the closed area into the adjoining parcel. The resubdivision plat must be submitted and
approved for recordation prior to the final street closure approval. Said plat must include
the dedication of a 20 foot-wide public drainage easement to the City of Virginia Beach,
subject to approval of the Department of Public Works and the City Attorney's Office,
which easement shall include aright of reasonable ingress and egress.
3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed
for closure. If private utilities do exist, easements satisfactory to the utility company shall
be provided.
4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not fulfilled and the final plat is not approved for recordation within one year of the City
Council vote to close the Right-of-Way, this approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of September Two
Thousand Twenty Four.
September 17, 2024
61
ITEM— V.L.3
PLANNING ITEMS
ITEM#76170
(Continued)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 ORDINANCE APPROVING APPLICATION OF GORDON
2 R. CRENSHAW & HANNAH I. CRENSHAW FOR THE
3 CLOSURE OF APPROXIMATELY 6,327 SQ. FT. OF AN
4 UNIMPROVED PORTION OF WINDSOR ROAD
5
6 WHEREAS, Gordon R. Crenshaw and Hannah I Crenshaw (the "Applicants"),
7 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter
8 described portion of an unimproved right-of-way discontinued, closed, and vacated; and
9
10 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
11 discontinued, closed, and vacated, subject to certain conditions having been met on or
12 before one (1) year from City Council's adoption of this Ordinance.
13
14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
15 Beach, Virginia:
16
17 SECTION 1
18
19 That the hereinafter described portion of unimproved right-of-way (the "Right-of-
20 Way") be discontinued, closed and vacated, subject to certain conditions being met on
21 or before one (1) year from City Council's adoption of this ordinance:
22
23 ALL THAT certain piece or parcel of land situate, lying and
24 being in the City of Virginia Beach, Virginia, designated and
25 described as "AREA OF PROPOSED STREET CLOSURE
26 (6,327 SQ. FT., 0.145 ACRES)", and shown as the cross-
27 hatched area on that certain street closure exhibit entitled:
28 "STREET CLOSURE EXHIBIT OF A 6,327 SQ. FT.
29 PORTION OF WINDSOR ROAD (D.B. 2230, PG. 1408, &
30 PG. 1411) M.B. 7, PG. 144 VIRGINIA BEACH, VIRGINIA",
31 Scale: 1" = 30', dated June 25, 2024, prepared by WPL, a
32 copy of which is attached hereto as Exhibit A.
33
34 SECTION II
35
36 The following conditions must be met on or before one (1) year from City
37 Council's adoption of this ordinance:
38
39 1. The City Attorney's Office will make the final determination regarding
40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia
41 Beach shall be determined according to the "Policy Regarding Purchase of City's
42 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the
43 policy are available in the Planning Department.
44
45 No GPIN Assigned (City Right-of-Way)
46 Adjacent GPINs: 2418-18-7390 and 2418-18-7483
47 2. The Applicants shall resubdivide the property and vacate internal lot lines
48 to incorporate the closed area into the adjoining parcel. The resubdivision plat must be
49 submitted and approved for recordation prior to the final street closure approval. Said
50 plat must include the dedication of a 20-foot-wide public drainage easement to the City
51 of Virginia Beach, subject to approval of the Department of Public Works and the City
52 Attorney's Office, which easement shall include a right of reasonable ingress and
53 egress.
54
55 3. The Applicants shall verify that no private utilities exist within the Right-of-
56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility
57 company shall be provided.
58
59 4. Closure of the Right-of-Way shall be contingent upon compliance with the
60 above stated conditions within 365 days of approval by City Council. If the conditions
61 noted above are not fulfilled and the final plat is not approved for recordation within one
62 year of the City Council vote to close the Right-of-Way, this approval shall be
63 considered null and void.
64
65
66 SECTION III
67
68 1. If the preceding conditions are not fulfilled on or before September 16,
69 2025, this Ordinance will be deemed null and void without further action by the City
70 Council.
71
72 2. If all conditions are met on or before September 16, 2025, the date of final
73 closure is the date the street closure ordinance is recorded by the City Attorney.
74
75 3. In the event the City of Virginia Beach has any interest in the underlying
76 fee, the City Manager or his designee is authorized to execute whatever documents, if
77 any, that may be requested to convey such interest, provided said documents are
78 approved by the City Attorney's Office.
79
80 SECTION IV
81
82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
83 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
84 VIRGINIA BEACH (as "Grantor") and GORDON R. CRENSHAW and HANNAH I.
85 CRENSHAW (as "Grantee").
86
87 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day
88 of September . 2024.
89
90 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF
91 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
v�'ICCG Z07 iu;'-vV
Planning Department City Attorney
CA16550
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d018\p048\00980228.doc
R-2
August 29, 2024
m AREA OF PROPOSED SA4EET
=`T CLOSURE (8,327 SO. FrDUDLEY G WNW AIL
a 145 ACRES) (D.B. 3923, PG. 823)
GPN: 2418-18-7483 R=30
L=54.49'
PROPOSED 20.00'
o "
PUBLIC DR IN4GE E45LUENT 1
(4250 SO. fT. OR 0.098 ACRES) R=t 090'
S 76"50' E 180' L=48.49'
3p R=1100' x`~
' �"+ WINDSOR ROAD ' c�94.48' m
as (30 R/W)(UAffMPROVED) _
z (D.B 2230 PIG t40B, PIG. 1411)(M.B. 7, PG. 144Aw6 '
N 76'50' W 190' l
N� _ R-30 D
�i
L 43.34'
(I.N.202200002222)
NORTHERN BW OF LOT 4
(M.B. 7. PG. 144)
\ GPIN: 2418-18-7390
STREET CLOSURE KMIBIT NOT D op
I. MIBR INTENDED SHOW THE
OF AREA OF PROPOSED RIGM-OF-WAY r
A 6,327 SQ. FT. CLOSURE AND INDEPENDENT OF THE
PORTION OF OTT IKMDED POOR°A°rnr°C1�TM>RR �N RIC NER*-•
GENERAL REFERMM
WINDSOR ROAD 2. A TITLE REPORT HAS NOT BEEN �o. 2904 �
(D.H. 2230. PG. 1408, & PG. 1411) PROVIDED FOR THIS PROPERTY. 06/06/2014
0 30 60 �' O
lILB. 7. PG. 144 $u-Etv
rues VLSI„=Alm its' VIRGINIA BEACH, VIRGINIA 1-=30'
JN: 222-0089
62
ITEM— V.L.4
PLANNING ITEMS
ITEM#76171
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of OUR LADY OF
PERPETUAL HELP CENTER, INC.for a Modification of Conditions to a Conditional Use Permit re
increase the number of units from 120 to 124 and to expand the building by 16,850 square feet at 4560
Princess Anne Road DISTRICT I
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OUR LADY OFPERPETUAL HELP CENTER,INC.for a Modi cation
of Conditions to a Conditional Use Permit re increase the number of units
from 120 to 124 and to expand the building by 16,850 square feet at 4560
Princess Anne Road(GPIN 1476439090) DISTRICT I
The following conditions shall be required:
1. Condition I of the 1996 Conditional Use Permit is hereby deleted and replaced with the
following: This Conditional Use Permit is approved for a 124-bed nursing home/special
care/assisted living facility.
2. Condition 2 of the 1996 Conditional Use Permit is hereby deleted and replaced with the
following: The site shall be developed in substantial conformance with the concept layout
entitled "Our Lady of Perpetual Help Proposed Parking Sketch,"prepared by Pennoni
Associates Inc. and dated July 15, 2024.
3. The proposed addition to the south elevation shall be developed in substantial conformance
with drawings entitled "Our Lady of Perpetual Help Renderings and Elevations,"
prepared by Jones and Jones Associates and dated May 28, 2024.
4. A Landscape Plan shall be submitted at the time of final site plan review to address
landscaping requirements for the revised parking areas on the property's southern end.
5. Prior to site plan approval, relocation of the existing fire hydrant near the south side of
the building,painting of curbs and signage identifying afire lane, minimum requirements
for afire access road, and any other Fire Code requirements shall be met.
6. The remaining conditions of the 1996 Conditional Use Permit shall remain in effect.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17' day of September Two
Thousand Twenty Four.
September 17, 2024
63
ITEM— V.L.4
PLANNING ITEMS
ITEM#76171
(Continued)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
P D.H 1� = /�p H
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----- W E
Property Polygons Our Lady of Perpetual Help Health Center, Inc
Zoning 4560 Princess Anne Road S
Building
Feet
0 4080 160 240 320 400 480
64
ITEM— V.L.5
PLANNING ITEMS
ITEM#76172
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of DOGS REAL ESTATE, LLC for a
Conditional Use Permit re residential kennel at 3449 Robinson Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DOGS REAL ESTATE,LLCfor a Conditional Use Permit re residential
kennel at 3449 Robinson Road(GPIN 2412650161)DISTRICT 2
The following conditions shall be required:
L This Conditional Use Permit shall be limited to a maximum of twelve (12) dogs, inclusive
of adult dogs and puppies.
2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a
daily basis.
3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are
licensed through the City of Virginia Beach.
4. No dog shall be left outdoors unattended for long periods of time. As volunteered by the
applicant, the dogs shall be inside of the single-family dwelling, a soundproof/insulated
and air-conditioned building,for the majority of the day, with an exception to breaks for
urination, defecation, and daily exercise.
5. No more than six(6)dogs shall be permitted to be outdoors at any one time and the dogs
shall always remain under supervision of the caretaker.
6. All dogs, when outside, shall remain within the fenced-in area and shall not be a nuisance
to any other property owners or residents.
7. There shall be no breeding of dogs on the site.
8. Day Care, Training, and Boarding services for monetary consumption are not permitted
on this site.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of September Two
Thousand Twenty Four.
September 17, 2024
65
ITEM— i!L.S
PLANNING ITEMS
ITEM#76172
(Continued)
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
None
September 17, 2024
Gt�� $FA
Jl4` CAL
U 'G�� C1t�T Of �T1rg11Zla BeaCrl
t F r
OF OUR N0,10
BARBARA M.HENLEY
COUNCIL MEMBER Phone:(757)426-7501
DISTRICT 2
F3HEnley�abuoc�.cr,
File No. 0090809
September 17, 2024
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
l. I am executing this written disclosure regarding the application of Dogs Real Estate,
LLC for a conditional use permit for a residential kennel at 3449 Robinson Road.
2. 1 am an owner of 3432 Robinson Road, which is located across the street from the
property that is the subject of the application.
3. 1 am abstaining from the City Council's consideration of this application.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you.
Sincerely,
Barbara M. Henley
Councilmember
BMH/RRI
2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456
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Property Polygons Dogs Real Estate, LLC W*- .E
Zoning
3449 Robinson Road S
Building
Feet
0 1530 60 90 120 150 180
66
ITEM— V.L.6
PLANNING ITEMS
ITEM#76173
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of ROBERT JESSUP/ROBERT &
JENNIFER A.JESSUPfor a Conditional Use Permit re home occupation at 2940 Dante Place DISTRICT
3.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ROBERT JESSUP / ROBERT & JENNIFER A. JESSUP for a
Conditional Use Permit re home occupation at 2940 Dante Place(GPIN
1496327363) DISTRICT 3
The following conditions shall be required:
1. The Magic Hollow Land Use Plan shall be modified to grant the use of this site as depicted
in the land survey dated July 1, 1992, which is exhibited on the "Existing Site Plan"below
and kept on file with the Department of Planning and Community Development, to allow
for the home occupation of a gunsmithing business.
2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault
or similar container. The applicant shall contact the Police Department's Crime
Prevention Office to arrange for a meeting at the property for the purpose of conducting a
security assessment within one (1) month of the granting of this Conditional Use Permit.
A report shall be written by the Police Department, with a copy provided to the applicant,
the Planning Department, and a copy retained by the Police Department.
3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the
Bureau of Alcohol, Tobacco,Firearm and Explosives(ATF) in order to conduct business.
4. Delivery of firearms to the property shall be received on the applicant's property only,
secured by the applicant's signature.
5. There shall be no sign identifying the business on the exterior of any building on the
property or within the yard of the property.
6. The use shall not create noise, dust, vibration, smell, glare, electrical interference,fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
7. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in
conduct of the activity.In addition, all activities related to the proposed Home Occupation
shall only be conducted inside the 110 square foot room on the property.
September 17, 2024
67
ITEM— i!L.6
PLANNING ITEMS
ITEM#76173
(Continued)
8. There shall be no sales of any products or merchandise to the general public from the site.
9. There shall be only one(1)employee associated with this home-based business.
10. Hours of operation shall be between Tuesday and Wednesday from S:00 p.m. to 8:00 p.m.
and Saturday from 8:00 a.m. to 12:00 p.m. and limited to one(1)customer by appointment
only.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of September Two
Thousand Twenty Four.
Voting: I1 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
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Property Polygons Robert Jessup
Zoning 2940 Dante Place S
Building
Feet
0 1530 60 90 120 150 180
68
ITEM— V.L.7
PLANNING ITEMS
ITEM#76174
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of DANIELLE GOOD I STAR REAL
ESTATE LLC for a Conditional Use Permit re tattoo parlor at 397 Little Neck Road DISTRICT 8
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DANIELLE GOOD/STAR REAL ESTATE LLCfor a Conditional Use
Permit re tattoo parlor at 397 Little Neck Road (GPIN 1487755373)
DISTRICT 8
The following conditions shall be required:
1. The Conditional Use Permit for a Tattoo Parlor applies solely to 397 Little Neck Road,
Suite 303.
2. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure compliance with the provisions of Chapter
23-51 of the City Code.
3. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of
permanent makeup.No other form of tattooing shall be permitted.
4. The actual application of permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
5. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar signage installed on
the exterior of the building or in any window, or on the doors. Window signage shall not
be permitted.A separate sign permit shall be obtained from the Department of Planning&
Community Development for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12'h day of September Two
Thousand Twenty Four.
September 17, 2024
69
ITEM— VL.7
PLANNING ITEMS
ITEM#76174
(Continued)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
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Property Polygons Danielle Good W E
Zoning 397 Little Neck Road, Suite 303 S
Building
Feet
0 4080 160 240 320 400 480
70
ITEM— V.L.8
PLANNING ITEMS
ITEM#76175
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED Ordinance to ADOPT a new Official Zoning Map, which shall replace the existing
Official Zoning Map, due to a change in the computer mapping format used to store the map data
and develop the printed copies. There are no changes to the Zoning District or their existing
locations between the current and proposed maps.
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
1 AN ORDINANCE TO ADOPT ANEW OFFICIAL
2 ZONING MAP
3
4 WHEREAS, the public necessity, convenience, general welfare and good zoning
5 practice so require;
6
7 WHEREAS, the City of Virginia Beach has determined to change the computer
8 mapping format used to store and print the maps and other data contained in the official
9 zoning map; and
10
11 WHEREAS, no district boundaries or other substantive data have been changed on
12 the new zoning map;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the official zoning map of the City of Virginia Beach be, and hereby Is,
18 readopted, as shown on a series of sheets that have been marked and identified as such,
19 having been displayed before the City Council this date, and on file in the Department of
20 Planning and Community Development.
21
Adopted by the City Council of the City of Virginia Beach, Virginia on this 17 t h day
Of September , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department C y Attomey's Office
CA16604
R-1
July 22, 2024
71
ITEM— Y.M
APPOINTMENTS
ITEM#76176
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA INDUSTRIAL FACILITYAUTHORITY
HEALTH SERVICES ADUISORYBOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE
September 17, 2024
72
ITEM— V.M.
APPOINTMENTS
ITEM#76177
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
RYANDUDLEY
Three year term 101112024—913012027
AGRICULTURE ADVISORY COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
73
ITEM— V.M.
APPOINTMENTS
ITEM#76178
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
WILLIAM C. TROWER
WINDY CRUTCHFIELD
Three year term 911712024—813112027
BAYFRONT ADVISORY COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
74
ITEM— V.M.
APPOINTMENTS
ITEM#76179
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
WILLIAMALMOND
(Landscape Architect)
JASON BARNEY
(Environmental Community)
ROBERT BOURDON
(Environmental Attorney)
KAREN FORGET
(Environmental Community)
EMILYSTEINHILBER
(Environmental Community)
Three year term 111112024—101311202 7
GREEN RIBBON COMMITTEE
Voting: 11 - 0
Council Members Voting Aye.-
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
75
ITEM— V.M.
APPOINTMENTS
ITEM#76180
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
LARRY T.ALTMAN
(District 2)
Three year term 911712024—813112027
PARKS AND RECREATION COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
76
ITEM— V.M.
APPOINTMENTS
ITEM#76181
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
WILLLAMBRUNKE
(Development Authority)
Three year term 911712024—813112027
LAYLA KUKHAREV
(Non-Voting High School Student)
Student term 911712024—613012025
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
77
ITEM— V.M.
APPOINTMENTS
ITEM#76182
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
MATTHEW HAMAKER
Unexpired term thru 1213112027
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
78
ITEM— V.M.
APPOINTMENTS
ITEM#76183
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
D.PA UL HOLLEY
(Alternate Member)
S year term 91112024—813112029
WETLANDS BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
September 17, 2024
79
ADJOURNMENT
ITEM#76184
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.03 P.M.
Terri H. Chelius
Chief Deputy City Clerk
M,
A da Ba es, W& Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
September 17, 2024