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GLOUCESTER COUNTY BOARD OF SUPERVISORS AGENDA

Tuesday, August 1, 2006 7:00 p. m.

I. Call to Order II. Roll Call

III. Invocation and Pledge of Allegiance

IV. Approval of the Consent Agenda…pages 2-5

V. Scheduled Presentations:…pages 6-9

A. Introduction of the New Horticulture Extension Agent – Marilyn Morris, Extension Unit Director…page 7

B. Government Finance Officer’s Association Award Presentation – Ms. Theberge…pages 8-9

VI. Citizen Comment Period VII. Public Hearings:…pages 10-81

A. Virginia Public School Authority Financing for Abingdon Elementary School Project…pages 11-31

B. Subdivision Ordinance Amendments…pages 32-81

VIII. Regular Agenda:…pages 82-105 A. Waterfront Use Conflict Discussion…pages 82-83 B. Appointments…pages 84-89 C. Announcements…pages 90-105

IX. County Attorney Items X. Boards and Commissions Reports

XI. Board Concerns

XII. Closed Meeting…pages 106-108 XIII. Adjourn

August 1, 2006 E-packet

Gloucester County Administrator’s Office

Post Office Box 329 6467 Main Street

Phone: 804.693.4042 Gloucester, Virginia 23061 Fax: 804.693.6004

M E M O R A N D U M

To: Gloucester County Board of Supervisors

From: William H. Whitley, County Administrator

Date: July 25, 2006

Subject: August 1, 2006 Board of Supervisors Meeting - Item IV – Approval of the Consent Agenda The following items are on the Board` s Consent Agenda for the August 1st meeting:

A. Approval of the meeting minutes for June 20th and July 5th. B. A resolution designating the first week of August as Clown Week in Gloucester. C. A resolution thanking William Pruitt for his public service as Commissioner of the Virginia Marine Resources Commission. WHW:skv


AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, AUGUST 1, 2006, AT 7:00 P.M., IN THE BOARD ROOM IN THE OLD COURTHOUSE, COURT CIRCLE, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ______________, AND SECONDED BY ________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

John J. Adams, Sr., ____; Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Burton M. Bland, ____; Michelle Ressler, ____; Christian D. Rilee, ____;

Louise D. Theberge, ____;

CLOWN WEEK AUGUST 1 – 7, 2006

WHEREAS, Clowning is one of the most free and open performance art forms and has a long history – from ancient Egypt to the middle ages to the Twenty-first Century; and WHEREAS, Clowns are special people who seem to always bring joy and excitement into the lives they touch; and WHEREAS, Clowns use humor, makeup, clothing, mime, props, magic, balloons, juggling, buffoonery and other creative tools and talents to speak the language of love, and to dispense happiness, spread cheer, and bring joy to others; and WHEREAS, Clowns in putty noses and baggy trousers following a tradition as old as man’s need to touch gently the lives of his fellowman, go into orphanages, children’s hospitals and homes for the elderly and disabled and give a part of themselves; and WHEREAS, Today, as always, Clowns and the spirit they represent are vital to the maintenance of our humanity; and WHEREAS, Gloucester County would like to call public attention to the charitable activities of Clowns and the wholesome entertainment they provide for all citizens. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors that the week of August 1 – 7, 2006 is hereby proclaimed CLOWN WEEK in Gloucester County, Virginia, and encourage all citizens to recognize the contributions made by clowns in our community. A Copy Teste: __________________________________________ William H. Whitley, County Administrator



John J. Adams, Sr., ____; Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Burton M. Bland, ____; Michelle R. Ressler, ____; Christian D. Rilee, ____;


WHEREAS, the Gloucester County Board of Supervisors has learned that William A. Pruitt has retired from his position as Commissioner of the Virginia Marine Resources Commission, a position that he has held for the past twenty three years, and;

WHEREAS, Mr. Pruitt is highly respected throughout the Commonwealth of Virginia and the

Mid Atlantic states as an expert in matters involving uses of Virginia` s waters and the management of resources in those waters, and;

WHEREAS, Mr. Pruitt has, throughout his career, been a fair and honest manager who has

tried to balance the need to conserve the resources of the Chesapeake Bay and its tributaries with the economic interests of those who make their living from the bay, and;

WHEREAS, throughout his career, Mr. Pruitt has performed a difficult and demanding job

with grace and dignity, working as easily with governors of the Commonwealth as private citizens, and;

WHEREAS, Mr. Pruitt has always remembered those who are most affected by the decisions

of the Commission, the working watermen of Virginia, when difficult decisions involving competing interests had to be made, and;

WHEREAS, the organization in the Virginia Marine Resources Commission that Mr. Pruitt

established will continue to serve the Commonwealth well past his retirement, and; WHEREAS, although, we understand that Mr. Pruitt was and always will be a Tangier Island

man, we have been able to call him a Gloucester resident with pride over the past many years. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors

that Gloucester County extends its deep appreciation to William A. Pruitt for his dedicated public service to the citizens of Gloucester and Virginia as Commissioner of the Virginia Marine Resources Commission, and;

FURTHER BE IT RESOLVED: By the Gloucester County Board of Supervisors that Mr.

Pruitt is extended best wishes and Godspeed in his retirement. A Copy Teste: _________________________________ William H. Whitley, County Administrator



Telephone 804-693-4042 P. O. Box 329, Gloucester, Virginia 23061 Fax 804-693-6004

M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 25, 2006 SUBJECT: AUGUST 1, 2006 BOARD OF SUPERVISORS MEETING – AGENDA ITEM V – SCHEDULED PRESENTATIONS The following presentations are on the Board’s August 1st agenda: A. The Extension Unit Director has asked for time on your agenda to introduce a new employee to you.

B. The Finance Department has achieved the distinction of receiving Certificate of Achievement in Financial Reporting from the

Government Finance Officers Association. This is the tenth consecutive year that this department has received this distinction. I have asked Ms. Theberge to formally present this award to Ms. Champion, Finance Director, and her staff at the August 1st meeting to recognize this milestone. Information concerning the award is enclosed for your review.

WHW:djb Enclosure


County of Gloucester

FINANCE DEPARTMENT 6467 Main Street, Gloucester, Virginia 23061

804-693-6927

Interoffice Memorandum To: William H. Whitley, County Administrator From: Nickie C. Champion, Director of Financial Services CC: Theresa S. Owens, Accounting Manager Date: June 15, 2006 Re: GFOA Award I’m happy to report that the Finance Department was notified that “The Certificate of Achievement for Excellence in Financial Reporting” was awarded to the County of Gloucester by the Government Finance Officers Association (GFOA) for its fiscal year 2005 Comprehensive Annual Financial Report (CAFR). A major goal of the GFOA has been to improve the quality of accounting, auditing, and financial reporting practices in state and local government, and this is the tenth consecutive year that Gloucester County has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized Comprehensive Annual Financial Report (CAFR), which must be presented in conformity with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. The Governmental Accounting Standards Board (GASB) is recognized as the official source of generally accepted accounting principles (GAAP) for state and local governments.

GASB standards help our constituents determine the ability of their government to provide services and repay its debt.

GASB standards also help government officials demonstrate accountability to constituents, including their stewardship over public resources.

GASB standards help to ensure that those who finance government or who participate in the financing process have access to relevant, reliable, and understandable information that assists them to make better, more informed decisions.

Gloucester County can be proud of this achievement.



Post Office Box 329 6467 Main Street

Phone: 804.693.4042 Gloucester, Virginia 23061 Fax: 804.693.6004

M E M O R A N D U M

To: Gloucester County Board of Supervisors From: William H. Whitley, County Administrator Date: July 25, 2006 Subject: August 1, 2006 Board of Supervisors Meeting - Item VII – Public Hearings The Board has two public hearing scheduled for the August 1st meeting: The first hearing concerns the School Board’s request that you authorize them to apply for the issuance of general obligation bonds through the Virginia Public School Authority in the amount of $14,870,000 to fund improvements at Abingdon Elementary School. I have enclosed a memorandum concerning this matter, as well as several other information items for your review concerning this subject. The second hearing concerns the amendments to the Subdivision Ordinance recommended to you by the Gloucester County Planning Commission. You have discussed these amendments during two work sessions and the latest revisions to the document, as well as a detailed listing of the amendments are enclosed for your consideration. After you conduct both of these hearings, you will be in a position to take action on both of these matters. There is a time element concerning the first decision concerning the school bonds. The Board will need to act by the end on August on this request or the County will miss the filing deadline for the bond sale to be held this fall. WHW:skv Enclosures




M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 25, 2006 SUBJECT: SCHOOL BOARD FUNDING REQUEST FOR ABINGDON ELEMENTARY SCHOOL As the Board knows, the School Board passed a resolution on June 13th and forwarded it to you requesting that you authorize the sale of $14,870,000 of bonds through the Virginia Public School Authority (VPSA) to finance improvements at Abingdon Elementary School. Their resolution is enclosed. You are required to conduct a public hearing concerning this matter before the sale of the bonds is authorized and this is scheduled for your August 1st meeting. In consultation with the Finance Director and the county’s financial advisor Kevin Rotty of Morgan, Keegan & Company, I am recommending to you that you take two actions in response to the School Board` s request: First, it is my recommendation that you adopt the enclosed resolution authorizing Gloucester County to submit an application to the Literary Fund, as well as the VPSA, for funding these improvements. The amount of the VPSA application is $7,000,000. We have assumed that the interest rate on the VPSA bonds will be in the 4.35% range but the exact interest rate will not be know until the sale of the bonds this fall. The Literary Fund wording in the resolution is recommended by our bond counsel and will permit the Board to be in a position to borrow the remainder of the funds needed to complete this project through this source once the bids are awarded in 2007. The reason that we are recommending that you take this action at this time is that it will allow you to be placed in a position to use these funds when you need them at an interest rate of 3%. You need to use the Literary Funds rather than fund the entire project cost with VPSA funds to take advantage of the lower interest rate on the Literary Funds. The Literary Loan application, which will need to be accompanied by building plans that are not yet complete, will be made at a later date. The VPSA application is due on August 30th. The second resolution authorizes the issuance and sale of school bonds totaling $7,000,000 through the VPSA for the project. This resolution must be returned to VPSA by September 26th in order for the county to be included in the fall bond sale. I certainly realize that there has been discussion among Board members concerning the amount of the requested borrowing for this project. There is some feeling that the $14,870,000 requested by the School Board is too high an amount. If you decide to reduce the amount authorized for this project, I recommend that you tell the School Board what that number is now so that they can adjust the project scope accordingly. The difficulty with doing this is that you have to base your reduced number on some factor, such as cutting out some aspect of the work. In your position, this is difficult to do. August 1, 2006 E-packet

Memorandum – Gloucester County Board of Supervisors School Board Funding Request for Abingdon Elementary School July 25, 2006 Based on this and trusting that the School Board has examined this building program with care, I am recommending that you proceed with the two resolutions as outlined which will allow the School Board to begin to access the funds they need to build this project as originally planned. I have enclosed the resolutions that you need to consider, as well as a spread sheet provided by Mr. Rotty that shows the funding sources to be used, some assumptions concerning the financing, as well as the projected annual debt service cost. Please feel free to let me know of questions that you may have about this important matter before August 1st. Mr. Rotty, Ms. Champion and I will be at Tuesday’s meeting to present this information to you and to address your questions. WHW:djb Enclosures


\\FIN\4032861.4

BOARD OF SUPERVISORS COUNTY OF GLOUCESTER, VIRGINIA

RESOLUTION

At a meeting of the Gloucester County Board of Supervisors (the "Board of Supervisors") held on the 1st day of August, 2006, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting:

PRESENT: VOTE: Louise D. Theberge, Chair

Burton M. Bland, Vice-Chair

John J. Adams, Sr.

Charles R. Allen, Jr.

Teresa L. Altemus

Michelle R. Ressler

Christian D. Rilee

On motion by _______, seconded by ______, which carried by a vote of _____, the following was adopted:


A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF

GLOUCESTER, VIRGINIA APPROVING THE SUBMISSION OF APPLICATIONS TO THE LITERARY FUND FOR CERTAIN RENOVATION PROJECTS AND APPROVING THE

SUBMISSION OF AN APPLICATION TO VPSA FOR SCHOOL FINANCING

WHEREAS, the Board of Supervisors of the County of Gloucester, Virginia (the "Board of Supervisors") has received a request from the Gloucester County School Board (the "School Board") to contract a debt and issue general obligation bonds of the County of Gloucester, Virginia (the "County") in an amount not to exceed $14,870,000 (the "Bonds") to finance certain capital projects for school purposes, including but not limited to the Abingdon Elementary School Project (as hereinafter defined) (the "Projects") and to sell such Bonds to the Virginia Public School Authority ("VPSA"); and

WHEREAS, subsequent to the receipt of such request by the Board of Supervisors, the School Board and the Board of Supervisors propose to finance a portion of the costs of the Projects with a loan or loans from the Virginia Literary Fund (the "Literary Fund") in the aggregate amount of $7,500,000 (the "Loans"); and

WHEREAS, the School Board proposes to apply to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the aggregate amount of $7,500,000 for the renovation, improvement and expansion of Abingdon Elementary School (the "Abingdon Elementary School Project"); and

WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such Projects and to reimburse such advances with proceeds of one or more financings; and

WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on August 1, 2006, on the issuance of general obligation bonds of the County in an amount not to exceed $14,870,000 to finance certain capital projects for school purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF GLOUCESTER, VIRGINIA:

1. The applications of the School Board to the State Board of Education of Virginia for the Loans are hereby approved and authority is hereby granted to the School Board to borrow an amount not to exceed $7,500,000 for the Abingdon Elementary School Project. The Board of Supervisors will each year during the life of the Loans, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay the Loan and the interest thereon, as required by law regulating loans from the Literary Fund.

2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring,

-2- August 1, 2006 E-packet

constructing and equipping the Projects from the proceeds of the one or more financings to be issued in an amount not to exceed $14,870,000.

3. The County Administrator is authorized and directed to submit an application to VPSA in order to sell the Bonds to VPSA at the Fall 2006 VPSA bond sale.

4. This resolution shall take effect immediately upon its adoption.

Adopted this 1st day of August, 2006.

______________________________ William H. Whitley, County Administrator


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BOARD OF SUPERVISORS COUNTY OF GLOUCESTER, VIRGINIA

RESOLUTION

At a regular meeting of the Gloucester County Board of Supervisors held on the 1st day of August, 2006, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting:

PRESENT: VOTE:

Louise D. Theberge, Chair

Burton M. Bland, Vice-Chair

John J. Adams, Sr.

Charles R. Allen, Jr.

Teresa L. Altemus

Michelle R. Ressler

Christian D. Rilee

On motion by _____________, seconded by ____________, which carried by a vote of _____, the following was adopted:


A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE

OF UP TO $7,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF GLOUCESTER, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF

WHEREAS, the Board of Supervisors (the "Board") of the County of Gloucester, Virginia (the "County") has determined that it is necessary and expedient to borrow an amount not to exceed $7,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes (the "Projects").

WHEREAS, the Board has held a public hearing, after due publication of notice, in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on August 1, 2006, on the issuance of school bonds in an amount not to exceed $14,870,000, and has determined to issue bonds in an amount not to exceed $7,000,000.

WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as hereinafter defined) and has consented to the issuance of the Bonds.

WHEREAS, the objective of the Virginia Public School Authority (the "VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds.

WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF GLOUCESTER, VIRGINIA:

1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $7,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution.

2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price determined by VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of


the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with VPSA providing for the sale of the Bonds to VPSA in substantially the form on file with the County Administrator, which form is hereby approved (the "Bond Sale Agreement").

3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2006" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2007, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA.

4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed seven percent (7%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date (the "Principal Installments") established by VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution.

5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A.

6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds:

(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption;


(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and

(c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds.

7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2016, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2016 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2016 and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2016 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2016 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption:

Dates Prices

July 15, 2016 to July 14, 2017, inclusive....................................................... 101% July 15, 2017 to July 14, 2018, inclusive....................................................... 100.5 July 15, 2018 and thereafter........................................................................... 100;

Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by VPSA.

8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent.

9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be


levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose.

10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for federal income tax purposes.

11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved.

12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).

13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County.

14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed.

15. Effective Date. This Resolution shall take effect immediately.


The undersigned Clerk of the Board of Supervisors of the County of Gloucester, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on August 1, 2006, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions.

WITNESS MY HAND and the seal of the Board of Supervisors of the County of Gloucester, Virginia, this 1st day of August, 2006.

________________________________ Clerk, Board of Supervisors of the County of Gloucester, Virginia

(SEAL)


EXHIBIT A

(FORM OF TEMPORARY BOND)

NO. TR-1 $____________ UNITED STATES OF AMERICA

COMMONWEALTH OF VIRGINIA

COUNTY OF GLOUCESTER

General Obligation School Bond

Series 2006

The COUNTY OF GLOUCESTER, VIRGINIA (the "County"), for value received,

hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL

AUTHORITY the principal amount of ______________________ Dollars ($___________), in

annual installments in the amounts set forth on Schedule I attached hereto payable on July 15,

2007 and annually on July 15 thereafter to and including July 15, 202__ (each a "Principal

Payment Date"), together with interest from the date of this Bond on the unpaid installments,

payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2007

(each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"),

at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or

redemption as hereinafter provided. Both principal of and interest on this Bond are payable in

lawful money of the United States of America.

For as long as the Virginia Public School Authority is the registered owner of this Bond,

SunTrust Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all

payments of principal, premium, if any, and interest on this Bond, without presentation or

surrender hereof, to the Virginia Public School Authority, in immediately available funds at or


before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption.

If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in

the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of

principal, premium, if any, or interest on this Bond shall be made in immediately available funds

at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date

fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said

payments of principal, premium, if any, and interest, written acknowledgment of the receipt

thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged

of its obligation on this Bond to the extent of the payment so made. Upon final payment, this

Bond shall be surrendered to the Bond Registrar for cancellation.

The full faith and credit of the County are irrevocably pledged for the payment of the

principal of and the premium, if any, and interest on this Bond. The resolution adopted by the

Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of

the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an

annual tax upon all taxable property in the County subject to local taxation sufficient to provide

for the payment of the principal, premium, if any, and interest on this Bond as the same shall

become due which tax shall be without limitation as to rate or amount and shall be in addition to

all other taxes authorized to be levied in the County to the extent other funds of the County are

not lawfully available and appropriated for such purpose.

This Bond is duly authorized and issued in compliance with and pursuant to the

Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of

1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly


adopted by the Board of Supervisors of the County and the School Board of the County to

provide funds for capital projects for school purposes.

This Bond may be exchanged without cost, on twenty (20) days written notice from the

Virginia Public School Authority at the office of the Bond Registrar on one or more occasions

for one or more temporary bonds or definitive bonds in marketable form and, in any case, in

fully registered form, in denominations of $5,000 and whole multiples thereof, having an equal

aggregate principal amount, having principal installments or maturities and bearing interest at

rates corresponding to the maturities of and the interest rates on the installments of principal of

this Bond then unpaid. This Bond is registered in the name of the Virginia Public School

Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond

may be effected by the registered owner of this Bond only upon due execution of an assignment

by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the

Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such

definitive Bonds to be registered on such registration books in the name of the assignee or

assignees named in such assignment.

The principal installments of this Bond coming due on or before July 15, 2016 and the

definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2016

are not subject to prepayment or redemption prior to their stated maturities. The principal

installments of this Bond coming due after July 15, 2016, and the definitive Bonds for which this

Bond may be exchanged that mature after July 15, 2016 are subject to prepayment or redemption

at the option of the County prior to their stated maturities in whole or in part, on any date on or

after July 15, 2016, upon payment of the prepayment or redemption prices (expressed as


percentages of principal installments to be prepaid or the principal amount of the Bonds to be

redeemed) set forth below plus accrued interest to the date set for prepayment or redemption:

Dates Prices

July 15, 2016 to July 14, 2017, inclusive....................................................... 101% July 15, 2017 to July 14, 2018, inclusive....................................................... 100.5 July 15, 2018 and thereafter........................................................................... 100;

Provided, however, that the Bonds shall not be subject to prepayment or redemption prior

to their stated maturities as described above without the prior written consent of the registered

owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond

Registrar to the registered owner by registered mail not more than ninety (90) and not less than

sixty (60) days before the date fixed for prepayment or redemption.

All acts, conditions and things required by the Constitution and laws of the

Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of

this Bond have happened, exist and have been performed in due time, form and manner as so

required, and this Bond, together with all other indebtedness of the County, is within every debt

and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK


IN WITNESS WHEREOF, the Board of Supervisors of the County of Gloucester,

Virginia, has caused this Bond to be issued in the name of the County of Gloucester, Virginia, to

be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the

signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November __, 2006.

COUNTY OF GLOUCESTER, VIRGINIA

(SEAL)

ATTEST: ___________________________________ Clerk, Board of Supervisors of the County of Gloucester, Virginia

By: __________________________________ Chairman, Board of Supervisors of the County of Gloucester, Virginia


ASSIGNMENT

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: ________________________________________

the within Bond and irrevocably constitutes and appoints

__________________________________________________ attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises.

Dated: ______________________ Signature Guaranteed: ___________________________________ (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.)

______________________________ Registered Owner

(NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.)


GLOUCESTER COUNTY, VIRGINIA

Proposed School Funding Financing Plan

Funding Sources:

Issue $7,000,000 through VPSA in Fall 2006 Secure balance of project cost through 3% Literary Loan Funds

(funding cap of $7.5 million per project) Assumptions:

VPSA debt amortized over 20 years on a level debt service basis Literary Loan Funds amortized over 20 years on a level principal basis VPSA assumed current interest cost is 4.35% Literary Loan Fund interest for County is 3.0% Bond Proceeds invested at 4.5% until expended (24 month draw period) Literary Loan Funds via VPSA Subsidy Sale will be available in Fall of 2007 although currently

First Priority Waiting list is in excess of $238 million To the extent that Literary Loan funds are not available in the Fall 2007 or if VPSA bond

proceeds are expended prior to Literary Loan funding, the County will need to obtain interim funding

Projected Annual Debt Service Costs:

Date Principal Interest Total P+I Principal Interest Total P+I Total Debt Service8/1/2007 280,000.00$ 247,765.42$ 527,765.42$ 527,765.42$ 8/1/2008 240,000.00 286,762.50 526,762.50 375,000.00$ 187,500.00$ 562,500.00$ 1,089,262.50 8/1/2009 250,000.00 277,714.50 527,714.50 375,000.00 213,750.00 588,750.00 1,116,464.50 8/1/2010 260,000.00 268,139.50 528,139.50 375,000.00 202,500.00 577,500.00 1,105,639.50 8/1/2011 270,000.00 258,077.50 528,077.50 375,000.00 191,250.00 566,250.00 1,094,327.50 8/1/2012 280,000.00 247,628.50 527,628.50 375,000.00 180,000.00 555,000.00 1,082,628.50 8/1/2013 290,000.00 236,484.50 526,484.50 375,000.00 168,750.00 543,750.00 1,070,234.50 8/1/2014 305,000.00 224,826.50 529,826.50 375,000.00 157,500.00 532,500.00 1,062,326.50 8/1/2015 315,000.00 212,260.50 527,260.50 375,000.00 146,250.00 521,250.00 1,048,510.50 8/1/2016 330,000.00 199,093.50 529,093.50 375,000.00 135,000.00 510,000.00 1,039,093.50 8/1/2017 340,000.00 185,266.50 525,266.50 375,000.00 123,750.00 498,750.00 1,024,016.50 8/1/2018 355,000.00 170,646.50 525,646.50 375,000.00 112,500.00 487,500.00 1,013,146.50 8/1/2019 375,000.00 155,452.50 530,452.50 375,000.00 101,250.00 476,250.00 1,006,702.50 8/1/2020 390,000.00 139,327.50 529,327.50 375,000.00 90,000.00 465,000.00 994,327.50 8/1/2021 405,000.00 122,401.50 527,401.50 375,000.00 78,750.00 453,750.00 981,151.50 8/1/2022 425,000.00 104,460.00 529,460.00 375,000.00 67,500.00 442,500.00 971,960.00 8/1/2023 440,000.00 85,590.00 525,590.00 375,000.00 56,250.00 431,250.00 956,840.00 8/1/2024 460,000.00 65,966.00 525,966.00 375,000.00 45,000.00 420,000.00 945,966.00 8/1/2025 485,000.00 45,358.00 530,358.00 375,000.00 33,750.00 408,750.00 939,108.00 8/1/2026 505,000.00 23,533.00 528,533.00 375,000.00 22,500.00 397,500.00 926,033.00 8/1/2027 - - - 375,000.00 11,250.00 386,250.00 386,250.00 Total 7,000,000.00$ 3,556,754.42$ 10,556,754.42$ 7,500,000.00$ 2,325,000.00$ 9,825,000.00$ 20,381,754.42$

2006 VPSA 2007 Literary Loan


County of Gloucester Office of the County Attorney

7400 Justice Drive P. O. Box 1309

Gloucester, Virginia 23061

(804) 693-5575

(804) 693-2530 Fax

MEMORANDUM TO: Board of Supervisors FROM: Daniel M. Stuck County Attorney DATE: July 6, 2006 (for August 1, 2006 BOS Meeting)

SUBJECT: Subdivision Ordinance Changes As directed by the Board at your work session on July 5, 2006, attached is a revised draft of the amendments to the subdivision ordinance for public hearing on August 1, 2006. The amendments requested by the Board of Supervisors are shown in blue on pages13, and 16 through 19 of the attached ordinance. By copy of this memorandum, I am asking that Mr. Whitley publish the enclosed public hearing notice in the July 13th and July 20th editions of the Gazette-Journal. If you have questions, please give me a call. cc: William H. Whitley, County Administrator Jay Scudder, Director of Planning Anne Ducey-Ortiz, Planner III


At a meeting of the Gloucester County Board of Supervisors held on August 1, 2006 in the Colonial Courthouse, Gloucester, Virginia: On a motion duly made by _______________ and seconded by ____________________the following ordinance was adopted by the following vote:

John J. Adams, Sr., ____ Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Burton M. Bland, ____ Michelle Ressler, ____ Christian D. Rilee, ____ Louise Theberge, ____

AN ORDINANCE TO AMEND AND REENACT CHAPTER 15 OF THE GLOUCESTER

COUNTY CODE ENTITLED “SUBDIVISIONS” BY ADDING SECTIONS 15-2.1 -CONFORMANCE WITH REQUIREMENTS OF CHAPTER, 15-3.1 – CLASSIFICATION

OF SUBDIVISIONS, AND 15-3.2 – FAMILY TRANSFERS; BY AMENDING SECTIONS 15-3 - DEFINITIONS, 15-9 – VIOLATIONS AND PENALTIES, 15-14.1 –

SUBSURFACE SEWAGE DISPOSAL, 15-19 – STREETS AND DRAINAGE FACILITIES, 15-31 – PRIVATE STREETS, AND 15-63 – FINAL PLAT.

(These changes address family subdivisions, private streets, private sewage disposal systems and add certain related administrative provisions.)

WHEREAS, the Planning Commission has prepared certain amendments to the Gloucester County Subdivision Ordinance, codified as Chapter 15 of the County Code, pertaining to family subdivisions, private streets, private sewage disposal systems and certain related administrative provisions; and WHEREAS, the Planning Commission held a public hearing on these changes and has forwarded to the Board of Supervisors a recommendation for approval; and WHEREAS, the Board has reviewed the recommendation of the Planning Commission and with minor modification believes them to be in the best interest of health, safety, and welfare of the citizens of Gloucester County; and WHEREAS, the Board has conducted a duly advertised public hearing this 1st day of August, 2006.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Gloucester County Board of Supervisors this 1st day of August 2006, that Chapter 15 of the Gloucester County Code entitled “Subdivisions” be, and it hereby is, amended as follows:

1. Add a new section numbered 15-2.1 entitled “Conformance with Requirements of Chapter” to read as follows:

Page 1 of 22

Subdivision Ordinance Amendments PUBLIC HEARING – AUGUST 1, 2006


Section 15-2.1 – Conformance with Requirements of Chapter

This chapter shall apply to all subdivisions of land in the County.

a. No person shall subdivide any land without making and recording a

plat of such subdivision and fully complying with the requirements of this

chapter and state law.

b. No plat of any subdivision shall be recorded unless and until it shall

have been submitted to and approved by the agent. No clerk of any court

shall file or record a plat of subdivision required by this chapter until such

plat has been approved by the agent as required herein, nor shall any

instrument which has the effect of creating a subdivision be filed or

recorded until such has been approved by the agent.

c. No person shall sell or transfer any land of a subdivision before a

plat has been duly approved and recorded as provided herein, unless such

subdivision was lawfully created prior to the adoption of a subdivision

ordinance applicable thereto, provided that nothing herein contained shall

be construed as preventing the recordation of the instrument by which

such land is transferred or the passage of title as between the parties to the

instrument.

2. Amend portions of Section 15-3 entitled “Definitions” as follows:

Subdivision means the division of any lot, tract, or parcel of land into two (2) or

more lots or parcels, for the purpose, whether immediate or future, of transfer of

ownership, or building development,. except:.

Page 2 of 22



A single division is permitted of a lot or parcel for the purpose of sale or gift to a

member of the immediate family of the property owner provided that the following

conditions are met:

(1) Such lots shall contain three (3) acres, or the minimum lot size permitted

in the residential zoning district, whichever is less, as well as minimum width and

setbacks as required by the zoning ordinance.

(2) Such lots shall have a clearly identifiable right-of-way or road of a width

not less than twenty (20) feet wide wherever possible to provide access to a state

maintained highway.

(3) For property with on-site water and sewer--Documentation shall be

submitted demonstrating the presence of wells and primary and reserve

drainfields.

(4) Lot corners shall be marked in accordance with this chapter.

(5) A final plat shall be submitted to the agent, along with the appropriate fee

as established by this chapter, and a sworn affidavit describing the purpose of

the division and identifying the receiving family members.

(6) Only one (1) such subdivision shall be allowed for each eligible family

member set forth in subsection (7) below.

(7) For the purposes of this section, a member of the immediate family is

defined as any person who is a naturally or legally defined offspring, spouse,

sibling, grandchild, grandparent, or parent of the owner of such property.

(8) Such transfer shall not be used for the purposes of circumventing this

chapter.

Page 3 of 22



The term "subdivision" shall further be classified as follows:

Minor subdivision means any subdivision of no more than three (3) lots, or

any subdivision in which no new street is extended.

Major subdivision means any subdivision of four (4) or more lots, or any

subdivision in which a new street is extended except as permitted under

subsection 15-31(c).

For the purposes of this section, extension of an existing street shall be

considered a new street.

The term "subdivision" shall not include a division or partition of land by a

court of competent jurisdiction or a division for the sole purpose of rearranging

or straightening of property lines. The straightening or rearranging of property

lines of adjacent parcels shall not be considered a subdivision if such

rearrangements are, in the opinion of the agent, reasonable and conform to the

intent of these regulations.

The term "subdivision" includes resubdivision and, when appropriate to

the context, shall relate to the process of subdividing or to the land to be

subdivided.

The term "subdivision" shall include any development, division or

redivision of real property for the purposes of condominium development.

3. Add a new section numbered 15-3.1 entitled “Classification of

Subdivisions” to read as follows:

Section 15-3.1 – Classification of Subdivisions

Subdivisions shall be classified as follows:

Page 4 of 22



a. Public Service Lots, Rights-of-Way. When a parcel is created

for the sole purpose of developing a sewage or water facility or any

other public facility, or for the sole purpose of widening or enlarging

a road right-of-way, to be owned and operated or maintained by the

Commonwealth of Virginia, the County, other governmental or

municipal entity, service authority, or sanitary district, and title to

such property passes at the same time as the plat is recorded, such

parcel shall be exempt from the requirements of this chapter except

that the record plat shall adhere to the applicable requirements as

set forth in Section 15-63 of this Chapter.

b. Minor Subdivision. A minor subdivision is any subdivision of

no more than three (3) lots or any subdivision in which no new street

is extended. A preliminary plat shall not be required for minor

subdivisions.

c. Major Subdivision. A subdivision of four (4) or more lots or

any subdivision in which a new street (whether public or private) is

extended, except as permitted under subsection 15-31 (c).

d. Townhouse/Condominium Subdivision. A division of property

into lots for townhouse or condominium development.

e. Planned Development Subdivision. The division of property

in accordance with an overall development master plan approved by

the governing body as part of a rezoning to a planned unit

development classification. A preliminary plat shall not be required

Page 5 of 22



for planned development subdivisions unless specifically required in

the approval of the overall master plan by the governing body. Any

requirements imposed by the approving ordinance shall be fully

binding on the subdivision.

f. Boundary Line Adjustment. A re-subdivision of a part of an

otherwise valid and properly recorded plat of subdivision or of two

(2) or more adjacent lots, where no additional lots are created and

existing or platted streets, rights-of-way, public easements, and

public improvements are unaffected by such action. Further, no

private easements or private rights-of-way shall be relocated or

altered without the recordation of appropriate documents effecting

such relocation or alteration. Typically a boundary line adjustment is

a minor realignment of a single line between two (2) adjacent lots. A

preliminary plat is not required. This paragraph shall not be

interpreted to authorize the creation of a lot or lots which would

otherwise be prohibited. Boundary line adjustments involving one

(1) or more legally non-conforming lots shall not be permitted where

the result of such adjustment would increase the degree of non-

conformity. Boundary line adjustments shall be approved by the

agent if such re-arrangements are reasonable and conforming to the

intent of this ordinance. The record plat shall adhere to the

applicable requirements set forth in Section 15-63 of this Chapter.

Page 6 of 22



g. Court Partitions. The division of land by Court of competent

jurisdiction shall be exempt from the requirements of this chapter

except that the record plat shall adhere to the applicable

requirements set forth in Section 15-63 of this Chapter.

h. Family Transfer. A subdivision of land for contemporaneous

conveyance to a member of the immediate family of the property

owner. Family transfers shall be permitted only in accordance with

the provisions of Section 15-3.2 of this Chapter.

4. Add a new section numbered 15-3.2 entitled “Family Transfers” to

read as follows:

Section 15-3.2 – Family Transfers

a. It is the purpose and intent of this section to reduce potential

development impacts on the community as a whole by encouraging and

promoting the ability of family members to remain in close proximity as

housing needs change, to provide opportunities for mutual support and

care of family members, and to allow for the preservation of family land

holdings which might otherwise be fragmented for economic reasons.

Allowing the conveyance of property between immediate family members

without the necessity of compliance with all of the subdivision

requirements imposed on unrelated parties will further this purpose.

b. A single division of a lot or parcel is permitted for the purpose of

sale or gift to a member of the immediate family of the property owner. For

the purposes of this section, a member of the immediate family is defined

Page 7 of 22



as any person who is a natural or legally defined offspring, sibling, or a

parent or grandparent of the owner. If the property to be subdivided is

owned jointly by husband and wife, the necessary relationship to the

grantee may exist between either husband or wife. If the grantee of the

parcel is married, only one such parcel may be conveyed to the grantee

and his or her spouse. The property to be subdivided may be titled in a

trust, provided the agent determines that beneficial ownership of the

property remains in a person who has a qualifying family relationship with

the grantee.

c. Family Transfers shall be subject to the following provisions and

conditions in lieu of the other regulations imposed by this chapter:

1. Only one (1) such division shall be allowed within Gloucester

County for each immediate family member.

2. The lot or parcel to be divided shall have been titled of record

in the name(s) of the owner(s) for a minimum of three (3) years

prior to the date of recordation of the family transfer, unless

the owner(s) thereof has established his or her primary

domicile on such lot or parcel to be divided.

3. All lots or parcels, including the parent tract, created under

this section shall remain titled in the name(s) of the immediate

family member by or for whom the division is made for a

period of not less than seven (7) years from the date of

recordation of the deed of conveyance unless:

Page 8 of 22



(a) The parcel to be transferred out of the immediate family is

the subject of an involuntary transfer such as foreclosure,

divorce, death, judicial sale, condemnation, or

bankruptcy, in which case, upon application to the agent,

any remaining required holding period shall be waived; or

(b) The owner(s) of the parent tract dies, in which case, upon

application to the agent, any remaining holding period

shall be waived for both the parent tract and the parcel(s)

transferred from the parent tract; or

(c) The parcel is later transferred to another grantee

qualifying as an immediate family member as set forth in

this section, in which case only the remainder of the

required holding period shall apply to the subsequent

grantee; or

(d) The proposed transfer is submitted to the subdivision

agent for approval, and all requirements of the Gloucester

County Subdivision Ordinance in effect at the time the

parcel was first created as part of a family transfer are

met; or

(e) An exception is made by the Board of Supervisors upon a

determination of injustice or hardship made after ten (10)

days written notification to adjacent property owners.

Page 9 of 22



4. The minimum width, yard, and area requirements of all lots or

parcels, including the remaining property from which the lot or

parcel is subdivided, shall be in accordance with the applicable

provisions of the Gloucester County Zoning Ordinance.

5. Each lot or parcel shall front on a public road or upon a private

driveway or road which is in a permanent easement of right-of-way a

minimum of twenty (20) feet in width. (Where the parcel to be

subdivided fronts on an existing right-of-way less than twenty (20)

feet in width, a twenty (20) foot right-of-way shall only be required on

the parcel to be subdivided.)

Prior to the use of any such lot or parcel for residential

purposes, the required right-of-way shall include an improved

driveway within it consisting of, at a minimum, an all-weather surface

of rock, stone, or gravel, with a minimum depth of three (3) inches

and a minimum width of ten (10) feet. The right-of-way shall be

maintained by those having a right to use it in a condition passable

by emergency vehicles at all times. A notation to this effect shall be

placed on the face of the final plat and this provision shall be

included in the deeds by which the subdivision is effected.

Passable condition refers to not only the surface, but also to

horizontal and vertical clearance.

Page 10 of 22



An erosion and sediment control plan with appropriate surety

is required if the proposed right-of-way and driveway construction

disturbs more than two thousand five hundred (2500) square feet.

6. Drainage and utility easements shall be dedicated to the

County when deemed necessary by the agent to accommodate

drainage and/or public utility facilities, whether for current or future

needs, in accordance with the requirements of the County Code.

7. Property corners shall be marked in accordance with this

chapter.

8. Family transfers shall not be permitted in a major subdivision

previously approved under the terms of the Gloucester County

Subdivision Ordinance when any lot or parcel to be created will be

smaller than the average parcel size in the subdivision in which the

parent tract is located.

9. A final plat shall be submitted to the agent for approval. The

final plat shall adhere to the applicable requirements set forth in

Section 15-63 of this Chapter. Along with the plat an affidavit, under

oath, shall be submitted, in the form prescribed by the agent,

describing the purposes of the subdivision and identifying the

member of the immediate family receiving the lot created. Such plat

shall be subject to the fee set forth in Section 15-56(a) of this

Chapter. Public improvements, if any, shall be guaranteed as

required by the Gloucester County Code. The proposed deed of

Page 11 of 22



conveyance shall be submitted and, once approved for compliance

with this Section, recorded along with the approved plat. Both the

deed and the plat shall contain the following statement set forth so

as to readily seen in a minimum of 12 point type:

THIS LOT IS CREATED AS A FAMILY TRANSFER PURSUANT TO THE PROVISIONS OF THE GLOUCESTER COUNTY SUBDIVISION ORDINANCE. THE USE AND TRANSFER OF THE PROPERTY ARE RESTRICTED BY THE TERMS OF THAT ORDINANCE.

d. The agent shall reject any proposed family transfer if, after investigation of the

facts and circumstances involved in the proposed transfer, the agent believes

that the proposed transfer is for the purpose of circumventing the

requirements of this chapter and is not in accordance with the purpose and

intent of this section. The burden of proving compliance with the purpose,

intent, and conditions of this section shall be on the property owner. Nothing

in this section shall be deemed to exempt family transfers from the

requirements of other provisions of the Gloucester County Code which are

applicable.

5. Section 15-4 entitled “Administrative provisions of state code” is

deleted.

No person shall subdivide any tract of land that is located within the

county, within the purview of Sections 15.2-2240 through 15.2-2278 of the Code of

Virginia, 1950, as amended, except in conformity with the provisions of this

chapter.

Page 12 of 22



6. Amend Section 15-9 entitled “Violations and Penalties” to read as

follows:

Sec. 15-9. Violations and penalties. Violations, Penalties, and Enforcement. a. Any person, firm, or corporation, whether as principal, agent, employee, or

otherwise, violating the provisions of this article shall be subject to a fine of not

more than five hundred dollars ($500.00) for each lot or parcel of land so

subdivided, transferred, or sold. The description of the lot or parcel by metes and

bounds in the instrument of transfer or other document used in the process of

selling or transferring shall not exempt the transaction from the penalties or

remedies herein provided.

b. No building permit shall be granted for construction on any lot

created in violation of the provisions of this chapter.

7. Amend 15-14.1 entitled “Subsurface Sewage Disposal” as follows:

Sec. 15-14.1. Subsurface sewage disposal.

The agent shall require in subdivisions where sanitary sewers are not

provided a preliminary opinion form the applicable health official regarding the

suitability of the subdivision for installation of subsurface sewage disposal

system where such method of sewage disposal is to be utilized in the

development of a subdivision. When subsurface sewage disposal systems are

installed, they must be subsequently approved by the health department on an

individual basis.

Page 13 of 22

a. If public sewer is not available required, subdivisions with lots

served by septic systems may be approved by the agent provided that

compliance with the following conditions is documented:

Subdivision Ordinance Amendments

PUBLIC HEARING – AUGUST 1, 2006 August 1, 2006 E-packet

1. Both a primary location and a one hundred percent (100%)

reserve location for the drain field will be provided within the

boundaries of each lot, neither of which shall be located in

whole or in part in the resource protection area;

2. The location and design for each drainfield (both primary and

reserve) has been accomplished in accordance with the most

current edition of the sewage handling and disposal

regulations of the Virginia Department of Health and all

applicable provisions of the Gloucester County Code and has

been specifically and individually certified by the Health

Department.

b. Any such subdivision submitted for review shall include the specific

locations proposed for both primary and reserve on-site septic system

installations with documentation of Health Department certification for

each proposed location. Any proposed lot(s) not suitable for the

installation of private sewage disposal systems shall either be combined

with lots that are suitable or dedicated to common open space or

recreation use so that only buildable lots are created.

c. The requirements of paragraphs “a” and “b” of this section shall not

apply when:

1. The lot being created, to which the requirements would

otherwise be applicable, is more than twenty (20) acres in size, and

Page 14 of 22



2. The Owner certifies to the Agent that no development

requiring a sewage disposal system will be proposed or

implemented until a method of sewage disposal approved by the

County and the Virginia Department of Health is provided, and

3. The following notation is prominently displayed on the plat in,

at a minimum, 12 point lettering:

NO DEVELOPMENT SHALL OCCUR ON LOT ______ AS SHOWN ON THIS PLAT THAT, BY LAW, REQUIRES A SANITARY SEWAGE DISPOSAL SYSTEM UNTIL SUCH TIME AS A SYSTEM SHALL BE SUBMITTED TO AND APPROVED BY THE COUNTY OF GLOUCESTER AND THE VIRGINIA DEPARTMENT OF HEALTH.

8. Amend Section 15-19 entitled “Streets and Drainage Facilities” to

read as follows:

Sec. 15-19. Streets and drainage facilities.

a. Unless specifically provided otherwise in this chapter, aAny person

who subdivides shall provide right of access to and within the

subdivision for streets, curb, gutter and drainage facilities of sufficient

width to meet the minimum requirements of the state department of

highways and transportationVirginia Department of Transportation

(VDOT). for secondary roads as provided by standards of September

1, 1963, and as amended; such right of access is to be filed with a

plat of the proposed subdivision.

b. All rights of access shall be a minimum of fifty (50) feet wide except

where the parcel to be subdivided fronts on an existing road in the

Page 15 of 22



state highway system with a right-of-way less than fifty (50) feet in

width, and in such cases a fifty (50) foot right-of-way shall be

required only on the property included in the subdivision. This

subparagraph “b” shall not apply when Section 15-31(c) of this

chapter is applicable.

c. Curb and gutter shall be required in subdivisions containing lots less than

twenty thousand (20,000) square feet and in subdivisions with lots having

frontage of less than one hundred twenty-five (125) feet, excluding lots

fronting the turnaround portion of a cul-de-sac pursuant to section 15-40.

Curb and gutter design shall be in accordance with Virginia Department of

Transportation (VDOT) standards. When curb and gutter is required for

any part of the subdivision, it shall be required for the entire subdivision

regardless of lot sizes or frontage unless the commission grants an

exception. In considering whether to grant an exception, the commission

shall apply the criteria set forth in subsection 15-8(a).

9. Amend Section 15-31 entitled “Private Streets” to read as follows:

Sec. 15-31. Private streets.

(a) Except as permitted in section 15-315-3.2 and subsection (c) below, every

subdivided property shall be served from a publicly dedicated street unless the

commission grants an exception. In considering whether to grant an exception,

the commission shall apply the criteria set forth in subsection 15-8(a).

consider the nature of the project, the benefit to both the subdivision and

to the County as a whole of establishing the streets as private streets, and

Page 16 of 22



whether or not a substantial injustice or hardship because of topographical

or other conditions exists. If, in the opinion of the commission, a departure

may be made that is in accord with the intent of this chapter, the

commission may grant an exception.

(b) Where private streets are authorized by exception, they shall be

constructed to standards required for acceptance by the Virginia Department

of Transportation (VDOT) into the state secondary system and specifically

to the standards required by the Subdivision Street Requirements and the

Design Guide for Subdivision Streets published by the Virginia Department

of Transportation (VDOT). Deed restrictions or other documents approved by

the county attorney shall be established to ensure maintenance of the streets by

a developer and/or property owners, which instrument or other documents must

also create covenants and conditions imposing a lien on the property or

properties involved that would run with the land and be enforceable by the

owners or any other of them by action at law or suit in equity.

(c) Subdivisions served by private roads shall be permitted where the

design of the division of land is such that no lot is less than five (5) acres in area

and the street private road will provide primary access to serves no more

than three two (32) three (3) lots or dwelling units. There are no standards for

roadway grading and paving for such private streets. Such private roads

shall consist of a permanent easement of right-of-way a minimum of twenty

(20) feet in width from the lots to an existing road in the state highway

system. Such right-of-way shall include within it a driveway consisting of,

Page 17 of 22



at a minimum, an all-weather surface of rock, stone, or gravel, with a

minimum depth of three (3) inches and a minimum width of ten (10) feet.

The right-of-way shall be maintained by the adjacent property owners those

having a right to use the right-of-way in a condition passable by emergency

vehicles at all times. A notation to this effect shall be placed on the face of

the final plat and this provision shall be included in the deeds by which the

subdivision is effected. Passable condition refers to not only the surface,

but also to horizontal and vertical clearance. An erosion and sediment

control plan with appropriate surety is required if the proposed right-of-way

and driveway construction disturbs more than two thousand five hundred

(2500) square feet. This exception shall only apply to the subdivision of a parcel

of record as of January 1, 2000.

(d) All streets that are not constructed to meet the standards necessary for

inclusion in the system of state highways will be privately maintained and

will not be eligible for acceptance into the system of state highways unless

improved to current Virginia Department of Transportation standards with

funds other than those appropriated by the General Assembly and

allocated by the Commonwealth Transportation Board. For any street that

is not constructed to Virginia Department of Transportation standards, the

subdivision plat and all approved deeds of subdivision, or similar

instruments, shall contain a statement advertising that the streets in the

subdivision do not meet the standards necessary for inclusion in the

system of state highways and will not be maintained by the Virginia

Page 18 of 22



Department of Transportation or the County and are not eligible for rural

addition funds or any other funds appropriated by the General Assembly

and allocated by the Commonwealth Transportation Board.

10. Amend Section 15-63 entitled “Final Plat”, to read as follows:

Sec. 15-63. Final plat.

For minor subdivisions, or subsequent to preliminary plat approval for major

subdivision, the subdivider shall submit to the agent one (1) reproducible copy (record

plat) plus five (5) prints of a final plat for approval and subsequent recording. Upon

meeting all submittal requirements, the plat shall be reviewed by the agent and other

agencies as deemed necessary by the agent. The agent shall within sixty (60) days

approve or deny the plat and notify the subdivider of the action in writing. The plat shall

not be approved until the developer has complied with the general requirements and

minimum standards of design and has made satisfactory arrangements for performance

guarantees as outlined in this article. Approval of the final plat shall be written on the

face of the plat by the agent. If a final plat is approved, the agent shall certify such

approval by signing the record plat. If disapproved, the agent shall specify the reasons

for denial. The reasons for denial shall identify deficiencies in the plat which cause the

disapproval by reference to specific duly adopted ordinances, regulations, or policies

and shall generally identify such modifications or corrections as will permit approval of

the plat.

The final plat shall be clearly and legibly drawn at a scale of not more than one

hundred (100) feet to the inch on sheets having a maximum size of eighteen (18) inches

by twenty-four (24) inches. It shall show the following information:

Page 19 of 22



(1) Name of subdivision, magisterial district, county, state, north arrow and

source of meridian used for the survey; scale of drawing and number of sheets. If

shown on more than one (1) sheet, matched lines shall clearly indicate where the

several sheets join.

(2) Owner's name, deed book reference where the acquisition deed was

recorded and tax map parcel number.

(3) Location of proposed subdivision by an insert map at a scale of not less

than two (2) inches equal one (1) mile, indicating adjoining roads, their names

and numbers, subdivisions, streams adjoining or running through the land and

other prominent or well know landmarks.

(4) A boundary survey with an error of closure within the limits of fifteen (15)

seconds or metric equivalent per angle observed and one (1) in five thousand

(5,000) feet or metric equivalent of perimeter length and showing the location of

all monuments and their type of material. The survey may be related to the

United States Coast and Geodetic Survey state grid north if the coordinates of

two (2) adjacent corners of the subdivision are shown.

(5) Certificates signed by the surveyor or engineer setting forth the source of

title of the owners of the land subdivided and the place of record of the last

instrument in the chain of title as set forth in Appendix A to this chapter (Section

15.2-2262 of the Code of Virginia, 1950, as amended.)

(6) A statement to the effect that the subdivision as it appears on this plat is

with the free consent and in accordance with the desires of the owners,

proprietors, and trustees, if any, which shall be signed by the owners, proprietors,

Page 20 of 22



and trustees, if any, and shall be duly acknowledged before some officer

authorized to take acknowledgments of deed as set forth in Appendix B to this

chapter (Section 15.2-2264 of the Code of Virginia 1950, as amended.)

(7) When the subdivision consists of land acquired from more than one (1)

source of title the outlines of the various tracts shall be indicated by dash-lines,

and identification of the respective tracts shall be placed on the plat.

(8) The accurate location and dimensions by bearings and distances with all

curve data on all lots and street lines, boundaries of all proposed or existing

easements, parks, school sites or other public areas, the number and the area of

all building sites, all existing public and private streets, their names, numbers and

widths, existing utilities, and those to be provided such as sanitary sewers, storm

drains, water mains, manholes and underground conduits including their size and

type, watercourses and their names, names of owners and their property lines,

both within the boundary of the subdivision and adjoining said boundaries.

(9) Any grave, object, or structure marking a place of burial located on the

land proposed for subdivision.

(10) All dimensions shown in feet and decimals of a foot to the closest 1/100 of

a foot, all bearings in degrees, minutes and seconds to the nearest thirty (30)

seconds.

(11) Data of all curves along the street frontages shall be shown in detail at the

curve, or in a curve data table containing the delta, radius, arc, tangent, chord

and chord bearings.

Page 21 of 22



(12) Certificate of approval and compliance to requirements, signed by the

subdivision agent on a form set forth in Appendix C to this chapter. Resident

engineer and director of department of public utilities shall be required to approve

working drawings and specifications of construction when applicable.

(13) All subdivision plats shall show the limits of the "A" and "V" zones ("X"

zones do not have to be shown) and the floodway areas as defined on the

National Flood Insurance Rate Map (FIRM). A general note depicting the source

shall be shown.

i.e.: Flood lines shown herein are approximate and are taken from FIRM

Community Panel No. ________________, dated August 4, 1987.

(14.) All subdivision plats, including family transfers, which contain any

street or right of access to be privately maintained shall display in addition

to all other required notations and certifications the following notation

prominently displayed in, at minimum, 12 point lettering:

THE STREET(S) SHOWN HEREON IS/ARE PRIVATE, MAY NOT MEET STATE STANDARDS, AND WILL NOT BE MAINTAINED OR IMPROVED BY EITHER THE COMMONWEALTH OF VIRGINIA OR THE COUNTY OF GLOUCESTER. MAINTENANCE OF THE STREET(S) AND/OR RIGHTS-OF-WAY SHOWN HEREON IS/ARE THE RESPONSIBILITY OF THE PROPERTY OWNERS OF THE LOTS CREATED BY THIS PLAT.

Grantors of any subdivision lot to which the above statement applies

must include a substantially similar statement on each subsequent deed of

conveyance thereof.

Page 22 of 22



AN ORDINANCE TO AMEND AND REENACT CHAPTER 15 OF THE GLOUCESTER COUNTY CODE ENTITLED “SUBDIVISIONS” BY ADDING SECTIONS 15-2.1 -CONFORMANCE WITH REQUIREMENTS OF CHAPTER, 15-3.1 – CLASSIFICATION OF SUBDIVISIONS, AND 15-3.2 – FAMILY TRANSFERS; BY AMENDING SECTIONS 15-3 - DEFINITIONS, 15-9 – VIOLATIONS AND PENALTIES, 15-14.1 – SUBSURFACE SEWAGE DISPOSAL, 15-19 – STREETS AND DRAINAGE FACILITIES, 15-31 – PRIVATE STREETS, AND 15-63 – FINAL PLAT. THESE CHANGES ADDRESS FAMILY SUBDIVISIONS, PRIVATE STREETS, PRIVATE SEWAGE DISPOSAL SYSTEMS AND ADD CERTAIN RELATED ADMINISTRATIVE PROVISIONS.

COMPARISON BETWEEN PROPOSED & EXISTING ORDINANCES

Administrative and Clarification Changes

Proposed Ordinance

Current Ordinance Comments

1. Add a new section numbered 15-2.1 entitled “Conformance with Requirements of Chapter” to read as follows: Section 15-2.1 – Conformance with Requirements of Chapter

This chapter shall apply to all subdivisions of land in the County. 1. No person shall subdivide any land without

making and recording a plat of such subdivision and fully complying with the requirements of this chapter and state law.

Replaces the current language under Section 15- 4 below: Section 15-4 – No person shall subdivide any tract of land that is located in the county, within the purview of Sections 15.2-2240 through 15.2-2278 of the Codes of Virginia, 1950, as amended, except in conformity with the provisions of this chapter.

No real change. Combines requirements under one section whereas the current ordinance has similar requirements in other sections.

Page 1 of 26 Board of Supervisors Public Hearing ⌦ Indicates a significant change to the Ordinance.



Proposed Ordinance


2. No plat of any subdivision shall be recorded

unless and until it shall have been submitted to and approved by the agent. No clerk of any court shall file or record a plat of subdivision required by this chapter until such plat has been approved by the agent as required herein, nor shall any instrument which has the effect of creating a subdivision be filed or recorded until such has been approved by the agent.

3. No person shall sell or transfer any land of a subdivision before a plat has been duly approved and recorded as provided herein, unless such subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto, provided that nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument.

Sec. 15-52. Platting required; approval and recording of plats. (a) Any owner or developer of any tract of land situated within the county who subdivided such tract shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the circuit court of Gloucester County. No such subdivision plat hereinafter called the “final plat” shall be recorded unless and until it shall have been submitted, approved and certified by the agent in accordance with the regulations set forth in this chapter. No lot shall be sold or transferred in any such subdivision before the plat shall have been recorded.

No significant change. Re-organization.




Proposed Ordinance


2. Amend portions of Section 15-3 entitled “Definitions” as follows:

Subdivision means the division of any lot, tract, or parcel of land into two (2) or more lots or parcels, for the purpose, whether immediate or future, of transfer of ownership, or building development.

Section 15-3, “Definitions” Subdivision: The division of any tract or parcel of land into two (2) or more lots or parcels, for the purpose of transfer of ownership, or building development, except: The exceptions listed under this definition will be compared individually with each of the proposed changes below.

No significant change - corrects poor drafting in original ordinance. This section simplifies the definition of subdivision into a more general definition and relocates family transfers, boundary line adjustments and court partitions to new section 15 - 3.1 “Classifications of Subdivisions”

3. Add a new section numbered 15-3.1 entitled “Classification of Subdivisions” to read as follows:

Section 15-3.1 – Classification of Subdivisions Subdivisions shall be classified as follows:

Not in current ordinance.

Subdivisions are currently classified or excluded under definition of subdivision within Section 15-3.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

a. Public Service Lots, Rights-of-Way. When a parcel is created for the sole purpose of developing a sewage or water facility or any other public facility, or for the sole purpose of widening or enlarging a road right-of-way, to be owned and operated or maintained by the Commonwealth of Virginia, the County, other governmental or municipal entity, service authority, or sanitary district, and title to such property passes at the same time as the plat is recorded, such parcel shall be exempt from the requirements of this chapter except that the record plat shall adhere to the applicable requirements as set forth in Section 15-63 of this Chapter.

Not addressed in the current ordinance except as implemented as part of the subdivision review (i.e. pump station lot)

Administrative change. Will help to clarify how to handle these issues when they arise.

b. Minor Subdivision. A minor subdivision is any subdivision of no more than three (3) lots or any subdivision in which no new street is extended. A preliminary plat shall not be required for minor subdivisions. c. Major Subdivision. A subdivision of four (4) or more lots or any subdivision in which a new street (whether public or private) is extended, except as permitted under subsection 15-31 (c).

Currently listed under Section 15-3, “Definitions” The term “subdivision” shall further be classified as follows: Minor subdivision: Any subdivision of no more than 3 lots, or any subdivision in which no new street is extended. Major subdivision: Any subdivision of 4 or more lots, or any subdivision in which a new street is extended except as permitted under Section 15-31(c).

No change. The new language does clarify that the street may be public or private.




Proposed Ordinance


d. Townhouse/Condominium Subdivision. A division of property into lots for townhouse or condominium development.

Section 15-3, “Definitions” The term “subdivision” shall include any development, division or redivision of real property for the purposes of condominium development.

Clarification. No significant change. Currently only condominiums are included under the definition of subdivision, however townhouse developments are treated as subdivisions since they create separate lots.

⌦ ⌦ ⌦ ⌦

e. Planned Development Subdivision. The division of property in accordance with an overall development master plan approved by the governing body as part of a rezoning to a planned unit development classification. A preliminary plat shall not be required for planned development subdivisions unless specifically required in the approval of the overall master plan by the governing body. Any requirements imposed by the approving ordinance shall be fully binding on the subdivision.

Not currently addressed in the Subdivision Ordinance – addressed under Article 8 of the Zoning Ordinance (ZO) which requires approval of a Master Plan by the BOS. Section 8-18 of the ZO states “In addition to the requirements outlined above, projects involving the subdivision of land must meet the planting requirements of the Gloucester County Subdivision Ordinance.” The Platting procedures require a preliminary plat for major subdivisions. This proposed section eliminates that requirement since the plans have to be consistent with the master plan.

A change to provide more efficiency and eliminate duplication of effort.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

f. Boundary Line Adjustment. A re-subdivision of a part of an otherwise valid and properly recorded plat of subdivision or of two (2) or more adjacent lots, where no additional lots are created and existing or platted streets, rights-of-way, public easements, and public improvements are unaffected by such action. Further, no private easements or private rights-of-way shall be relocated or altered without the recordation of appropriate documents effecting such relocation or alteration. Typically a boundary line adjustment is a minor realignment of a single line between two (2) adjacent lots. A preliminary plat is not required. This paragraph shall not be interpreted to authorize the creation of a lot or lots which would otherwise be prohibited. Boundary line adjustments involving one (1) or more legally non-conforming lots shall not be permitted where the result of such adjustment would increase the degree of non-conformity. Boundary line adjustments may be approved by the agent if such re-arrangements are, in the opinion of the agent, reasonable and conforming to the intent of this ordinance. The record plat shall adhere to the applicable requirements set forth in Section 15-63 of this Chapter.

Section 15-3, definition of subdivision, currently states, “The straightening or rearranging of property lines of adjacent parcels shall not be considered a subdivision if such rearrangements are, in the opinion of the agent, reasonable and conform to the intent of these regulations.” Section 15-65 (b) states: “Boundary line changes; action by agent. As provided under section 15.2-2275 of the Code of Virginia, 1950, as amended, the agent may approve a boundary line of any lot or parcel of land on a plat of record to be vacated, relocated or otherwise altered as a part of an otherwise valid plat of subdivision or resubdivision, provided that such action is executed by the owner or owners of such land as provided in section 15.2-2264 of the Code of Virginia, 1950, as amended, provided such action does not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas and provided further than no easements of utility right-of-way shall be relocated or altered without the express consent of all persons holding any interest therein. (Ord. of 9-6-83)”

No real change other than requirements to comply with Section 15-63 which provides for improvement in the quality of land records. This section provides some additional direction regarding what constitutes a BLA’s and clearly indicates that a final plat meeting the requirements of 15-63 is required. Staff considers BLA’s to include “add-ons” and requires that both lots being affected by the BLA be shown in their entirety if they are under 10 acres in area. Staff strongly encourages the plats to be prepared similarly to a final plat, but does not require all the information that is typically required for a final plat (RPA, health department letters, insert map).




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

g. Court Partitions. The division of land by Court of competent jurisdiction shall be exempt from the requirements of this chapter except that the record plat shall adhere to the applicable requirements set forth in Section 15-63 of this Chapter.

Section 15-3, “Definitions” - Subdivision, the Ordinance states: The term “subdivision” shall not include a division or partition of land by a court of competent jurisdiction

No change other than the requirement that the recorded plat meet the requirements of 15-63. This is meant to improve the quality of the land records.

h. Family Transfer. A subdivision of land for contemporaneous conveyance to a member of the immediate family of the property owner. Family transfers shall be permitted only in accordance with the provisions of Section 15-3.2 of this Chapter.

Section 15-3, “Definitions” - Subdivision, the Ordinance states: A single division is permitted of a lot or parcel for the purpose of sale or gift to an immediate family of the property owner provided that the following conditions are met: Conditions addressed individually below.

Drafting Change. Family transfers would be a type of subdivision with limited regulations. Inclusion of the word “contemporaneous” clarifies that the transfer of land to the family member must occur at the time of the subdivision (recording).



Changes Related to Family Transfers

Proposed Ordinance


⌦ ⌦ ⌦ ⌦

4. Add a new section numbered 15-3.2 entitled “Family Transfers” to read as follows: Section 15-3.2 – Family Transfers a. It is the purpose and intent of this section to reduce potential development impacts on the community as a whole by encouraging and promoting the ability of family members to remain in close proximity as housing needs change, to provide opportunities for mutual support and care of family members, and to allow for the preservation of family land holdings which might otherwise be fragmented for economic reasons. Allowing the conveyance of property between immediate family members without the necessity of compliance with all of the subdivision requirements imposed on unrelated parties will further this purpose.

Family Transfer requirements currently under Section 15-3, “Definitions” under Subdivision. The current ordinance does not include a clear purpose and intent other than the statement contained within the definition: 8. Such transfer shall not be used for the purposes of circumventing this ordinance.”

Provides a clear purpose for the family transfer provision.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

b. A single division of a lot or parcel is permitted for the purpose of sale or gift to a member of the immediate family of the property owner. For the purposes of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, sibling or a parent or grandparent of the owner. If the property to be subdivided is owned jointly by husband and wife, the necessary relationship to the grantee may exist between either husband or wife. If the grantee of the parcel is married, only one such parcel may be conveyed to the grantee and his or her spouse. The property to be subdivided may be titled in a trust, provided the agent determines that beneficial ownership of the property remains in a person who has a qualifying family relationship with the grantee.

7. For the purposes of this section, a member of the immediate family is defined as any person who is a naturally or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner of such property.

Proposed ordinance would eliminate spouse from eligible family members. Allows family transfers from trusts under specific conditions. Current Ordinance does not allow for trusts to do a family transfer. Note: the term “offspring” means all lineal descendents such as children, grandchildren and great grandchildren.




Proposed Ordinance


c. Family Transfers shall be subject to the following provisions and conditions in lieu of the other regulations imposed by this chapter: 1. Only one (1) such division shall be allowed

within Gloucester County for each immediate family member.

Under Section 15-3, the current requirement reads: 6. Only one such subdivision shall be allowed for each eligible family member set forth in subdivision 7 below.

No change.

⌦ ⌦ ⌦ ⌦

2. The lot or parcel to be divided shall have been

titled of record in the name(s) of the owner(s) for a minimum of three (3) years prior to the date of recordation of the family transfer, unless the owner(s) thereof has established his or her primary domicile on such lot or parcel to be divided.

Section 15-3 of the current ordinance does not specify that the property needs to remain in the family member or provide any other qualifications for length of ownership of the parent parcel.

Significant Change. Provides a 3 year holding period on front or the establishment of a primary residence

⌦ ⌦ ⌦ ⌦

3. All lots or parcels, including the parent tract, created under this section shall remain titled in the name(s) of the immediate family member by or for whom the division is made for a period of not less than seven (7) years from the date of recordation of the deed of conveyance unless.:

Section 15-3 of the current ordinance does not specify that the property needs to remain in the family member or provide any other qualifications for length of ownership of the family transfer parcel.

Provides a 7 year holding period on the parcels created by the Family Transfer (including the parent parcel) with exceptions listed in the sections below.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

a. The parcel to be transferred out of the immediate family is the subject of an involuntary transfer such as foreclosure, divorce, death, judicial sale, condemnation, or bankruptcy, in which case, upon application to the agent, any remaining required holding period shall be waived; or b. The owner(s) of the parent tract dies, in which case, upon application to the agent, any remaining holding period shall be waived for both the parent tract and the parcel(s) transferred from the parent tract; or c. The parcel is later transferred to another grantee qualifying as an immediate family member as set forth in this section, in which case only the remainder of the required holding period shall apply to the subsequent grantee; or d. The proposed transfer is submitted to the subdivision agent for approval, and all requirements of the Gloucester County Subdivision Ordinance in effect at the time the lot parcel was first created as part of a family transfer are met; or e. An exception is made by the Board of Supervisors upon a determination of injustice or hardship made after ten (10) days written notification to adjacent property owners.

The current ordinance does not have a provision for “opting out” of the family transfer provision. It is currently left up to the opinion of the Subdivision Agent whether an individual is circumventing the ordinance when the family transfer parcels are transferred outside the family.

Provides the specific conditions for the ownership of the family transfer parcel and its future disposition. Item “b” waives the holding period upon the death of the grantee. This was added by the Planning Commission to address instances where a family transfer is done to allow family to live close to help an ailing relative and the relative dies. This would allow the parcels to be sold prior to the seven years. Provides an opportunity for exception to be made by the governing body based on hardship and with notice to adjoining property owners.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

4. The minimum width, yard, and area

requirements of all lots, including the remaining property from which the lot is subdivided, shall be in accordance with the applicable provisions of the Gloucester County Zoning Ordinance.

Under Section 15-3, the current requirement reads:

1. Such lots shall contain three (3) acres, or the minimum lot size permitted in the residential zoning district, whichever is less, as well as minimum width and setbacks as required by the Zoning Ordinance.

Fairly significant change in the requirements for the family transfer lot size to increase from 3 acres to 5 acres in the C-2, RC-1 and RC-2 zoning districts, consistent with the required lot size for those districts.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

5. Each lot or parcel shall front on a public road or upon a

private driveway or road which is in a permanent easement of right-of-way a minimum of twenty (20) feet in width. (Where the parcel to be subdivided fronts on an existing right-of-way less than twenty (20) feet in width, a twenty (20) foot right-of-way shall only be required on the parcel to be subdivided.) Prior to the use of any such lot or parcel for residential purposes, the required right-of-way shall include an improved driveway within it consisting of, at a minimum, an all-weather surface of rock, stone, or gravel, with a minimum depth of three (3) inches and a minimum width of ten (10) feet. The right-of-way shall be maintained by those having a right to use it in a condition passable by emergency vehicles at all times. A notation to this effect shall be placed on the face of the final plat and this provision shall be included in the deeds by which the subdivision is effected. Passable condition refers to not only the surface, but also to horizontal and vertical clearance. An erosion and sediment control plan with appropriate surety is required if the proposed right-of-way and driveway construction disturbs more than two thousand five hundred (2500) square feet.

Under Section 15-3, the current requirement reads: 2. Such lots shall have a clearly identifiable right-of-way or road of a width not less than twenty (20) feet wide wherever possible to provide access to a state maintained highway.

Fairly substantial change. The current ordinance has no standards for the roadway serving the lot and requires a 20 foot right of way “where possible” but does not restrict the right-of-way to 20 feet. These requirements will apply when a house is constructed on the parcel.




Proposed Ordinance


6. Drainage and utility easements shall be dedicated to the County when deemed necessary by the agent to accommodate drainage and/or public utility facilities, whether for current or future needs, in accordance with the requirements of the County Code.

The current ordinance does not specifically address drainage and utility easements on family transfer plats. The requirement for submittal of a final plat may include the required easements depending on the specific site.

Not a significant change. Procedural and/or administrative clarification.

7. Lot corners shall be marked in accordance with this chapter.

Under Section 15-3, the current requirement reads: 4. Lot corners shall be marked in accordance with this ordinance.

No change.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

8. Family transfers shall not be permitted in a major subdivision previously approved under the terms of the Gloucester County Subdivision Ordinance when any lot or parcel to be created will be smaller than the average parcel size in the subdivision in which the parent tract is located. .

No such requirement in the current ordinance.

Significant Change. This requirement was meant to address family transfers in the smaller lot zoning districts (2 acres in SC-1, 30,000 sf in SF-1), which are permitted in subdivisions that required minimum lot sizes of 5 acres on private roads in the previous Subdivision Ordinance. Many of these “5-acre” subdivisions are zoned SC-1. While a minimum lot size of 5 acres is required for a subdivision on a private road (Section 15-31c) a family transfer lot only has to meet the minimum lot size (2 acres or 30,000 sf). “Average parcel size” was used to address subdivisions that contained larger acreage lots.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

9. A final plat shall be submitted to the agent for approval. The final plat shall adhere to the applicable requirements set forth in Section 15-63 of this Chapter. Along with the plat an affidavit, under oath, shall be submitted, in the form prescribed by the agent, describing the purposes of the subdivision and identifying the member of the immediate family receiving the lot created. Such plat shall be subject to the fee set forth in Section 15-56(a) of this Chapter. Public improvements, if any, shall be guaranteed as required by the Gloucester County Code. The proposed deed of conveyance shall be submitted and, once approved for compliance with this Section, recorded along with the approved plat. Both the deed and the plat shall contain the following statement set forth so as to readily seen in a minimum of 12 point type:

THIS LOT IS CREATED AS A FAMILY TRANSFER PURSUANT TO THE PROVISIONS OF THE GLOUCESTER COUNTY SUBDIVISION ORDINANCE. THE USE AND TRANSFER OF THE PROPERTY ARE RESTRICTED BY THE TERMS OF THAT ORDINANCE.

Under Section 15-3, the current requirement reads: 5. A final plat shall be submitted to the agent, along with the appropriate fee as established by this ordinance, and a sworn affidavit describing the purpose of the division and identifying the receiving family members.

No significant change other than a note on the plat. Currently the staff stamps plat approved under the Family Transfer provision with a stamp indicating the grantor and grantee. Staff does not currently record plats or deeds but plans to develop a procedure to record all plats approved by the Subdivision Agent. The proposed ordinance provides more detail as to what’s required. The note on the plat will clearly identify the subdivision as a family transfer. Staff will have to make sure the deed is transferring the property to the legitimate grantee and record the deed with the plat.




Proposed Ordinance


d. The agent shall reject any proposed family transfer if, after investigation of the facts and circumstances involved in the proposed transfer, the agent believes that the proposed transfer is for the purpose of circumventing the requirements of this chapter and is not in accordance with the purpose and intent of this section. The burden of proving compliance with the purpose, intent, and conditions of this section shall be on the property owner. Nothing in this section shall be deemed to exempt family transfers from the requirements of other provisions of the Gloucester County Code which are applicable.

Under Section 15-3, the current requirement reads: 8. Such transfer shall not be used for the purposes of circumventing this chapter.

Not a significant change, although this section provides a better statement of the current rule and clearly gives the agent the authority to deny a family transfer if they feel it is circumvention. It places the burden of proof on the applicant to demonstrate that they meet the purpose, intent and conditions of the ordinance (i.e. not in accordance with the stated purpose and intent of the ordinance).

5. Section 15-4 entitled “Administrative provisions of state code” is deleted.

Section 15-4 reads: No person shall subdivide any tract of land that is located within the county, within the purview of Sections 15.2-2240 through 15.2-2278 of the Code of Virginia, 1950, as amended, except in conformity with the provisions of this chapter.

No real change. Replaced by new section 15-2.1 (see page 1). Combines requirements under one section whereas the current ordinance has similar requirements in various sections.



Miscellaneous Changes

Proposed Ordinance


⌦ ⌦ ⌦ ⌦

6. Amend Section 15-9 entitled “Violations and Penalties” to read as follows:

Sec. 15-9. Violations, Penalties, and Enforcement.

a. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating the provisions of this article shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred, or sold. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies herein provided.

b. No building permit shall be granted for construction on any lot created in violation of the provisions of this chapter.

Sec. 15-9. Violations and penalties. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating the provisions of this Ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500.00) for each lot or parcel of land so subdivided, transferred, or sold. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies herein provided.

Not a substantial change, but the proposed ordinance adds clear enforcement capabilities by prohibiting the issuance of a building permit for any subdivision if the property has been illegally subdivided.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

7. Amend 15.14.1 entitled “Subsurface Sewage Disposal” as follows:

Sec. 15-14.1. Subsurface sewage disposal. a. If public sewer is not available required, subdivisions with lots served by septic systems may be approved by the agent provided that compliance with the following conditions is documented:

1. Both a primary location and a one hundred percent (100%) reserve location for the drain field will be provided within the boundaries of each lot, neither of which shall be located in whole or in part in the resource protection area;

2. The location and design for each drainfield (both primary and reserve) has been accomplished in accordance with the most current addition of the sewage handling and disposal regulations of the Virginia Department of Health and all applicable provisions of the Gloucester County Code and has been specifically and individually certified by the Health Department. b. Any such subdivision submitted for review shall include the specific locations proposed for both primary and reserve on-site septic system installations with documentation of Health Department certification for each proposed location. Any proposed lots not suitable for the installation of private sewage disposal systems shall either be combined with lots that are suitable or dedicated to common open space or recreation use so that only buildable lots are created.

Sec. 15-14.1. Subsurface sewage disposal. The agent shall require in subdivisions where sanitary sewers are not provided a preliminary opinion form the applicable health official regarding the suitability of the subdivision for installation of subsurface sewage disposal system where such method of sewage disposal is to be utilized in the development of a subdivision. When subsurface sewage disposal systems are installed, they must be subsequently approved by the health department on an individual basis. (10-21-65, § 5-5-14-D; Ord. of 9-6-83) This section would be deleted and replace by the new wording in the left column.

Fairly substantial change. This proposal would require on-site septic and reserve to be located on the lots they serve. Otherwise the requirements for documentation are essentially the same. Several board members asked that the Commission to consider this provision. This requirement would only apply to new lots created by a subdivision.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

c. The requirements of paragraphs “a” and “b” of this section shall not apply when:

1. The lot being created, to which the requirements would otherwise be applicable, is more than twenty (20) acres in size, and

2. The Owner certifies to the Agent that no development requiring a sewage disposal system will be proposed or implemented until a method of sewage disposal approved by the County and the Virginia Department of Health is provided, and

3. The following notation is prominently displayed on the plat in, at a minimum, 12 point lettering:

NO DEVELOPMENT SHALL OCCUR ON LOT ______ AS SHOWN ON THIS PLAT THAT, BY LAW, REQUIRES A SANITARY SEWAGE DISPOSAL SYSTEM UNTIL SUCH TIME AS A SYSTEM SHALL BE SUBMITTED TO AND APPROVED BY THE COUNTY OF GLOUCESTER AND THE VIRGINIA DEPARTMENT OF HEALTH.

No such provision in the current ordinance.

This language was added after discussion by the Planning Commission about creating lots not for residential development which should not require sewage disposal, such as for timbering, agriculture or other non-residential purposes. Staff has used similar notations on plats which show lots that require a waiver of the reserve drainfields under the Chesapeake Bay Preservation Ordinance.



Changes Related to VDOT Requirements for Rural Addition Funding

Proposed Ordinance


8. Amend Section 15-19 entitled “Streets and Drainage Facilities” to read as follows:

Sec. 15-19. Streets and drainage facilities.

a. Unless specifically provided otherwise in this chapter, any person who subdivides shall provide right of access to and within the subdivision for streets, curb, gutter and drainage facilities of sufficient width to meet the minimum requirements of the Virginia Department of Transportation (VDOT). b.. All rights of access shall be a minimum of fifty (50) feet wide except where the parcel to be subdivided fronts on an existing road in the state highway system with a right-of-way less than fifty (50) feet in width, and in such cases a fifty (50) foot right-of-way shall be required only on the property included in the subdivision. This subparagraph “b” shall not apply when Section 15-31(c) of this chapter is applicable.

Sec. 15-19. Streets and drainage facilities. Any person who subdivides shall provide right of access for streets, curb, gutter and drainage facilities of sufficient width to meet the minimum requirements of the state department of highways and transportation for secondary roads as provided by standards of September 1, 1963, and as amended; such right of access is to be filed with a plat of the proposed subdivision. All rights of access shall be a minimum of fifty feet (50’) wide.

No significant change – clarifies language.




Proposed Ordinance


9. Amend Section 15-31 entitled “Private Streets” to read as follows:

Sec. 15-31. Private streets. (a) Except as permitted in section 15-3.2 and subsection (c) below, every subdivided property shall be served from a publicly dedicated street unless the commission grants an exception. In considering whether to grant an exception, the commission shall consider the nature of the project, the benefit to both the subdivision and to the County as a whole of establishing the streets as private streets, and whether or not a substantial injustice or hardship because of topographical or other conditions exists. If, in the opinion of the commission, a departure may be made that is in accord with the intent of this chapter, the commission may grant an exception.

Sec. 15-31. Private streets. (a) Except as permitted in Section 15-3 and Sub Section (c) below every subdivided property shall be served from a publicly dedicated street, unless the Commission grants an exception. In considering whether to grant an exception, the Commission shall apply the criteria set forth in Section 15-8(a).

No real change, but gives the Planning Commission more flexibility to permit private roads that meet VDOT standards through the exemption process under certain circumstances, not only for a hardship, as in the current ordinance. An example would be to permit private roads for a gated community. The current ordinance requires the Commission to apply the hardship criteria under section 15-8a in order to allow private roads.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

Sec. 15-31. Private streets. (b) Where private streets are authorized by exception, they shall be constructed to standards required for acceptance by the Virginia Department of Transportation (VDOT) into the state secondary system and specifically to the standards required by the Subdivision Street Requirements and the Design Guide for Subdivision Streets published Virginia Department of Transportation (VDOT). Deed restrictions or other documents approved by the county attorney shall be established to ensure maintenance of the streets by a developer and/or property owners, which instrument or other documents must also create covenants and conditions imposing a lien on the property or properties involved that would run with the land and be enforceable by the owners or any other of them by action at law or suit in equity.

Sec. 15-31. Private streets. (b) Where private streets are authorized by exception, they shall be constructed to standards acceptable to the Commission. In reviewing private street construction standards, the Commission may utilize the advice of the resident engineer. The Commission shall encourage private roads to be constructed to VDOT standards. Deed restrictions or other documents approved by the County Attorney shall be established to ensure maintenance of the streets by a developer and/or property owners, which instrument or other documents must also create covenants and conditions imposing a lien on the property or properties involved that would run with the land and be enforceable by the owners or any other of them by action at law or suit in equity. (Ord. of 1-7-86).

This section requires private road to be built to VDOT standards and is essentially the same as the current ordinance, however the proposed revision requires these standards and the current ordinance “encourages” roads to state standards.




Proposed Ordinance


⌦ ⌦ ⌦ ⌦

(c) Subdivisions served by private roads shall be permitted where the design of the division of land is such that no lot is less than five (5) acres in area and the private road serves no more than two (2) three (3) lots or dwelling units. Such private roads shall consist of a permanent easement of right-of-way a minimum of twenty (20) feet in width from the lots to an existing road in the state highway system. Such right of way shall include within it a driveway consisting of, at a minimum, an all-weather surface of rock, stone, or gravel, with a minimum depth of three (3) inches and a minimum width of ten (10) feet. The right-of-way shall be maintained by those having a right to use the right-of-way in a condition passable by emergency vehicles at all times. A notation to this effect shall be placed on the face of the final plat and this provision shall be included in the deeds by which the subdivision is effected. Passable condition refers to not only the surface, but also to horizontal and vertical clearance. An erosion and sediment control plan with appropriate surety is required if the proposed right-of-way and driveway construction disturbs more than two thousand five hundred (2500) square feet. This exception shall only apply to the subdivision of a parcel of record as of January 1, 2000.

(c) Private roads shall be permitted where the design of the division of land is such that no lot less than five (5) acres in area and the street will provide primary access to no more than three (3) lots or dwelling units. There are no standards for roadway grading and paving for such private streets. This exception shall only apply to the subdivision of a parcel of record as of January 1, 2000.

This revision permits the right of way to be 20 feet where the current ordinance requires 50 feet, and provides minimum standards and maintenance provisions for the proposed private roadway.



Changes related to VDOT Requirements for Rural Addition Funding

PROPOSED ORDINANCE CURRENT ORDINANCE COMMENTS

(d) All streets that are not constructed to meet the standards necessary for inclusion in the system of state highways will be privately maintained and will not be eligible for acceptance into the system of state highways unless improved to current Virginia Department of Transportation standards with funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board. For any street that is not constructed to Virginia Department of Transportation standards, the subdivision plat and all approved deeds of subdivision, or similar instruments, shall contain a statement advertising that the streets in the subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Virginia Department of Transportation or the County and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.

Change required by state statute (2006) to continue to accept Rural Addition funding.



Changes related to VDOT Requirements for Rural Addition Funding

PROPOSED ORDINANCE CURRENT ORDINANCE COMMENTS ⌦ ⌦ ⌦ ⌦

10. Amend Section 15-63 entitled “Final Plat”, to read as follows:

14. All subdivision plats, including family transfers, which contain any street or right of access to be privately maintained shall display in addition to all other required notations and certifications the following notation prominently displayed in, at minimum, 12 point lettering:

THE STREET(S) SHOWN HEREON IS/ARE PRIVATE, MAY NOT MEET STATE STANDARDS, AND WILL NOT BE MAINTAINED OR IMPROVED BY EITHER THE COMMONWEALTH OF VIRGINIA OR THE COUNTY OF GLOUCESTER. MAINTENANCE OF THE STREET(S) AND/OR RIGHTS-OF-WAY SHOWN HEREON IS/ARE THE RESPONSIBILITY OF THE PROPERTY OWNERS OF THE LOTS CREATED BY THIS PLAT.

Grantors of any subdivision lot to which the

above statement applies must include a substantially similar statement on each subsequent deed of conveyance thereof.

There is no such requirement in the current ordinance.

Not significant change other than a note on the plat. This section requires a note on all plats and within all deeds so that it is clear that the ownership and maintenance of any private right of way is the responsibility of the owners of the affected lots and that these roads will not be taken into the state system. This note is also required by VDOT in order for the County to continue to use rural addition funding The Subdivision Ordinance once had a similar note that was required on plats involving private roads, but this requirement was removed when the Ordinance was updated in Dec. 7, 1999 to require all lots to be served by a public road.



GLOUCESTER COUNTY BOARD OF SUPERVISORS PUBLIC NOTICE OF INTENT TO ADOPT

The Gloucester County Board of Supervisors will hold a Public Hearing in the Colonial

Courthouse, Gloucester, Virginia on August 1, 2006 beginning at 7:00 p.m. to consider the following:

AN ORDINANCE TO AMEND AND REENACT CHAPTER 15 OF THE GLOUCESTER COUNTY CODE ENTITLED “SUBDIVISIONS” BY ADDING SECTIONS 15-2.1 -CONFORMANCE WITH

REQUIREMENTS OF CHAPTER, 15-3.1 – CLASSIFICATION OF SUBDIVISIONS, AND 15-3.2 – FAMILY TRANSFERS; BY AMENDING SECTIONS 15-3 - DEFINITIONS, 15-9 – VIOLATIONS

AND PENALTIES, 15-14.1 – SUBSURFACE SEWAGE DISPOSAL, 15-19 – STREETS AND DRAINAGE FACILITIES, 15-31 – PRIVATE STREETS, AND 15-63 – FINAL PLAT.

(These changes address family subdivisions, private streets, private sewage disposal systems and add certain related administrative provisions.)

The proposed changes will make a number of administrative and substantive changes to the Gloucester County Subdivision Ordinance. The following subdivision classifications will be established or continued: public service lots and rights-of-way, minor subdivisions, major subdivisions, townhouse/condominium subdivision, planned development subdivision, boundary line adjustment, court partitions and family transfers. Changes to the family transfer provisions are proposed. The amendments require that property subject to a family transfer be owned by the grantor for a minimum of three (3) years, or alternatively that the owner establish a permanent place of residence on the property, prior to executing a family transfer. The modifications also require that parcels created through family transfer, including the parent tract, must be held for a period of seven (7) years after the transfer; however, a sale out of the family would be permitted under specific circumstances outlined in the ordinance including an exception from the Board of Supervisors upon a determination of injustice or hardship. The proposed amendments would prohibit a family transfer in a previously approved subdivision of four (4) lots or more when the lot or parcel to be created will be smaller than the average parcel size in the existing subdivision. Other changes regulate access requirements and platting requirements for family transfers. New subdivision lots (other than family transfers) would, at a minimum, be required to have a subsurface sewage disposal system and reserve drain field area within the boundaries of the lot or parcel that the system serves. Other amendments clarify the requirements for access on a public street when a subdivision is created and modify the criteria under which the Planning Commission may allow an exception to the requirement for subdivided property to be served by a public street. Private streets authorized by Planning Commission exception must be built to state standards. The preceding summary is not intended to be a complete explanation of the changes. A complete copy of the proposed ordinance is available and may be reviewed at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 1720 George Washington Memorial Hwy, Gloucester Point, Virginia.

All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. William H. Whitley County Administrator




M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 25, 2006 SUBJECT: AUGUST 1, 2006 BOARD OF SUPERVISORS MEETING – AGENDA ITEM VIII–A – WATERFRONT USE CONFLICT DISCUSSION The Board has been discussing establishing a committee to examine future waterfront use conflicts such as the one that has occurred concerning the Bacot Oyster Ground Application to the Virginia Marine Resources Commission. At the July 5th meeting there was a great deal of discussion about how to set up this committee, the role of the group once established, and who should serve on it. The staff of the Middle Peninsula Planning District Commission has been interested in the subject of waterfront use conflicts before this issue arose in Gloucester and has made application for and received funding from the Coastal Zone Management Program to look at this issue. I have discussed this with their staff and they are willing to use the grant funding that will be between $40,000 and $60,000 to help us with this issue. The other county administrators in the Middle Peninsula have graciously agreed to allow us to use the initial funding, as this issue has been the subject of public concern here over the past few months. If the Board would agree to proceed with this project, the Planning District Commission would do the following: 1. Choose a target area: that would obviously be that section of the York River that has been the focus of the

attention of the last few months. 2. Conduct an extensive GIS analysis of the current, past and potential future uses of the waterfront area and

map all features both on the land and the watersides. 3. Assemble the committee that the Board has been discussing. This committee would be made up of a Board

member, citizens in the area, watermen and commercial interests. The VMRC staff as well as other federal, state and local agencies with water or wetlands responsibilities would be advisors and resources for the committee.

4. Begin an education process to ensure that all stakeholders have the same information as we move into a

discussion of pertinent issues. 5. Discuss the issues, concerns and current management approaches for the use conflict area.


Memorandum – Gloucester County Board of Supervisors – July 25, 2006 August 1, 2006 Board Meeting – Agenda Item VIII-A – Waterfront Use Conflict Discussion 6. Develop recommendations for the local government and/or pertinent state agencies to consider. If the Board is interested in moving in this direction, we would develop a work plan for you to review and ask you for recommendations for the committee membership. The advantages of this approach are:

1. Obviously funding: this amount of funding will permit a good product to be delivered. 2. Staffing: The Planning District Commission is a better vehicle to use to do this work than county staff due to our current workload. 3. Independence: The Planning District Commission can be seen by all as having an objective view towards these issues as they have not been involved in this debate directly.

I recommend that you instruct me to work with Middle Peninsula Planning District Commission to develop the scope of work and a recommended listing of membership and bring this back to you for approval. WHW:djb




M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 25, 2006 SUBJECT: AUGUST 1, 2006 BOARD OF SUPERVISORS MEETING – AGENDA ITEM VIII-B - APPOINTMENTS Please see the enclosed list of appointments that the Board needs to consider at the August 1st meeting. WHW:djb Enclosures


Boards, CCouncils a

Advisory Boar

1 Vacancy (

Library Board1 Vacancy

Middle PeninsDetention Com

Georgette H

Wetlands BoaBay PreservatCommission

George HayWalter Pries

Gloucester Community Education 6361 Main Street, P.O. Box 1306 Gloucester, Virginia 23061-1306

Phone: 804/693-5730 Fax: 804/693-0509 [email protected]

DATE: Monday, July 17, 2006 TO: William H. Whitley, County Administrator FROM: Christi A. Lewis, Gloucester Community Education Director SUBJECT: Board Appointment Considerations

The following board appointments are presented to the Gloucester Board of Supervisors for their consideration at their regular monthly board meeting:

ommissions, nd Committees

Type of Appointment

Current Term Expires

New Term

Expires

Reappointment Desired

Board Member To Make

Nomination

d on Housing Resignation) At-Large 12/31/07 12/31/07 -- Ressler/Theberge

County-Wide 6/30/06 6/30/10 -- Any

ula Juvenile mission

urley Local Govt. Appt. 6/30/06 6/30/10 Yes Any

rd & Chesapeake ion and Erosion

es t

Gloucester Pt. York

9/14/06 9/14/06

9/14/11 9/14/11

Yes Yes

Adams Altemus





HOUSING ADVISORY BOARD

WHEREAS, The Gloucester County Board of Supervisors has previously formed the Gloucester County Advisory Board on Housing to examine housing problems in Gloucester and make recommendations to correct these problems; and

WHEREAS, It has been brought to the attention of the Gloucester

County Board of Supervisors that a vacancy exists and an appointment is needed to the Housing Advisory Board.

NOW, THEREFORE BE IT RESOLVED: By the Gloucester County

Board of Supervisors that the following individual is hereby appointed to the Gloucester County Housing Advisory Board for a term which shall expire on December 31, 2007.

A Copy Teste: _________________________________________ William H. Whitley, County Administrator





LIBRARY BOARD WHEREAS, The Gloucester County Board of Supervisors has previously appointed a Library Board to oversee the operation and policies of the Gloucester County Library system; and WHEREAS, An appointment is needed to the Library Board and the Gloucester County Board of Supervisors is prepared to make this appointment. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors that the following individual is hereby appointed to the Gloucester County Library Board for a term that shall expire on June 30, 2010. A Copy Teste: _________________________________________ William H. Whitley, County Administrator





MIDDLE PENINSULA JUVENILE DETENTION COMMISSION WHEREAS, The Gloucester County Board of Supervisors is a member of the Middle Peninsula Juvenile Detention Commission; and WHEREAS, The Commission is made up of 18 jurisdictions and has the responsibility of providing juvenile detention programs in eastern Virginia; and WHEREAS, Gloucester County needs to appoint a member to the Commission. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors that the following individual is hereby appointed as the Gloucester representative to the Middle Peninsula Juvenile Detention Commission for a term which shall expire on June 30, 2010. A Copy Teste: __________________________________________ William H. Whitley, County Administrator


AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, AUGUST 1, 2006, AT 7:00 P.M., IN THE BOARD ROOM IN THE OLD COURTHOUSE, COURT CIRCLE, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _________________, AND SECONDED BY _________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:



WETLANDS BOARD & CHESAPEAKE BAY PRESERVATION AND

EROSION COMMISSION WHEREAS, The Gloucester County Board of Supervisors has previously appointed a Wetlands Board & Chesapeake Bay Preservation and Erosion Commission to carry out the duties of this organization, as prescribed by the laws of Virginia; and WHEREAS, The Gloucester County Board of Supervisors needs to make appointments to the Wetlands Board & Chesapeake Bay Preservation and Erosion Commission. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors that the following individual(s) is/are hereby appointed to the Gloucester County Wetlands Board & Chesapeake Bay Preservation and Erosion Commission for a term which shall expire on September 14, 2011. A Copy Teste: __________________________________________ William H. Whitley, County Administrator




M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 26, 2006 SUBJECT: AUGUST 1, 2006 BOARD OF SUPERVISORS MEETING – AGENDA ITEM VIII-C – ANNOUNCEMENTS

1. The report from the committee appointed to examine the alternative sewage systems issue has completed its work. I will have a copy of this for you at the August 1st meeting and you can schedule discussion of it at a future work session.

2. VDOT is going to do some extensive work on Main Street during August.

The work will involve milling down the existing pavement and repaving so there will be some traffic issues during this period.

3. Back in the spring, Mrs. Ressler brought up a policy issue that Hampton

City Council had approved. It involves regulating the growth of expenditures through a policy tied to revenue growth. The Board indicated that you wanted to wait until the summer to discuss this issue. I have enclosed the work we did on this when it was first discussed and need your direction as to what you wish to do with this issue.

4. There is no work session scheduled for August so the next meeting of the

Board will be on September 5th at 7 p. m. WHW:djb Enclosure




M E M O R A N D U M

TO: Gloucester County Board of Supervisors FROM: William H. Whitley, County Administrator DATE: July 25, 2006 SUBJECT: AUGUST 1, 2006 BOARD OF SUPERVISORS MEETING – AGENDA ITEM XII – CLOSED MEETING I ask that the Board enter a closed meeting on August 1st so that I can discuss two potential acquisitions of property with you. I have enclosed information concerning these two matters to you and the county attorney. WHW:djb Enclosure


AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON AUGUST 1, 2006, AT 7:00 P. M., IN THE COLONIAL COURTHOUSE, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY ________________, AND SECONDED BY __________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

John J. Adams, Sr., ____ Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Burton M. Bland, ____

Michelle Ressler, ____ Christian D. Rilee, ____ Louise Theberge, ____

WHEREAS, the Gloucester County Board of Supervisors desires to discuss a particular subject in Closed Meeting during the course of its meeting of August 1, 2006; and,

WHEREAS, the subject is the acquisition of specific real property for future County office space where disclosure might have an adverse financial impact on the County. The discussion of same in Closed Meeting is expressly permitted by Section 2.2-3711(A)(3) of the Code of Virginia, 1950, as amended.

NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors does hereby convene in Closed Meeting for the purposes herein expressed pursuant to the legal authorities herein recited. A Copy Teste:

__________________________________

William H. Whitley, County Administrator


AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON AUGUST 1, 2006, AT 7:00 P. M., IN THE MAIN BRANCH OF THE GLOUCESTER COUNTY LIBRARY, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY ______________________, SECONDED BY _____________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

John J. Adams, Sr., ____

Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Burton M. Bland, ____

Michelle Ressler, ____ Christian D. Rilee, ____ Louise Theberge, ____

WHEREAS, the Gloucester County Board of Supervisors has completed its discussion in Closed Meeting, and now desires to continue its meeting in Open Session; and, WHEREAS, each and every member of this said Board who votes affirmatively for the adoption of this Resolution does thereby certify that, to the best of his/her knowledge, only public business matters lawfully exempted from Open Session were heard, discussed, or considered during the Closed Meeting, and that the only subjects heard, discussed, or considered in said Closed Meeting were the matters identified in the Resolution by which it was convened. NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors does hereby reconvene in Open Session at its meeting of August 1, 2006, and certifies the matters set forth in Section 2.2-3712(D) of the Code of Virginia, 1950, as amended. A Copy Teste:

_________________________________

William H. Whitley, County Administrator


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