08-19-2014 BOS PKT/ii /fir (' // /j61/
BOARD PACKET
BOARD OF SUPERVISORS
ADJOURNED MEETING
AUGUST 19, 2014
1767
Pi
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
ADJOURNED MEETING
TUESDAY, AUGUST 19, 2014
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call Harville Barber Snead Blackstock Bowman Hagerman Barksdale
3. Pledge of Allegiance
4. Items to be Added to the Agenda
Motion by: Harville Barber Snead
Seconded by: Harville Barber Snead
(a)
Blackstock
Blackstock
Bowman Hagerman
Bowman Hagerman
Barksdale
Barksdale
APPROVAL OF AGENDA
Motion by: Harville Barber Snead
Seconded by: Harville Barber Snead
Blackstock
Blackstock
Bowman Hagerman
Bowman Hagerman
Barksdale
Barksdale
HEARING OF CITIZENS
CONSENT AGENDA
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
5. (a) Proclamation — September: National Preparedness Month — Pages 14 -22
(b) Rural Rustic Resolution — SR694/Davis Road — Pages 23 -24
PUBLIC HEARINGS
Rezoning Cases
Case 1: Glen Robert Nations & Joanie J. Nations — Dan River Election District R -14 -031
R -1, Residential Suburban Subdivision District portion to A -1, Agricultural District
Open: Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Barksdaie
Blackstock
Bowman
Hagerman
Harville
Snead
(Roll Call Vote Yor N)
Case 2: Robert M. Pollok, Jr. & Billie S. Pollok - Tunstall Election District R -14 -032
R -1, Residential Suburban Subdivision District to A -1, Agricultural District
Open: Close.
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Barksdale
Blackstock
Bowman
Hagerman
Harville
Snead
(Roll Call Vote Y or N)
Case 3: John R. Valentine & Ruby O. Valentine — Dan River Election District R -14 -033
R -1, Residential Suburban Subdivision to A -1, Agricultural District
Open: Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Barksdale
Blackstock
Bowman
Hagerman
Harville
Snead
(Roll Call Vote Y or N)
nurnen nutener wunants a: vtners — Banister Election District R -14 -034
RC -1, Residential Combined Subdivision District to A -1, Agricultural District
Open: Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Barksdale
Blackstock
Bowman
Hagerman
Harville
Snead
(Roll Call Vote Y or N)
Public HearinE
6. Public Hearing to receive citizen input on a proposed amendment to the Pittsylvania County
Code, Chapter 5- Cemeteries, to add an approximated 0.90 acre tract of land to be used as a
cemetery for the Mt. Zion Baptist Church in Gretna, Virginia. This proposed cemetery will
be located at 261 Telegraph Road /State Road 685; GPIN # 2550 -72 -7423; Lot 12 in the
Callands- Gretna District. Requires a Motion and a Roll Call Vote — Pages 26 -35
Open:
Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Barksdale
Blackstock
Bowman
Hagerman
Harville
Snead
(Rolf Call Vote YorN)
7. Public Hearing to receive citizen input on a proposed No Thru Truck Traffic Restriction
Engineering Study seeking alternate routes for truck traffic between Hwy 40 and Hwy 57,
more specifically for SR 605/Toshes Road (from Hwy 40 to SR 785 /Lark Drive); SR
785 /Lark Drive (from SR 605 Toshes Road to SR 750 Oxford Road); SR 750 /Oxford Road
(from SR 785 /Lark Drive to SR 649 /Anderson Mill Road); SR 750 /Green Pond Road (from
SR 649 /Anderson Mill Road to Hwy 57); SR649 /Anderson Mill Road (from SR 750 /Oxford
Road to SR 799 /Climax Road); SR 649 /Anderson Mill Road (from SR 799 to US Hwy 29);
SR 790 /Piney Road (from Hwy 40 to SR 799 /Climax Road); SR 799 /Climax Road (from/to
Hwy 57 to Hwy 40).
The Proposed Alternate Routes would be:
(1) For trucks to exit offRT 57 ( Callands Road), heading north onto SR 969 (Sago Road);
continuing north until SR 969 (Sago Road) intersects with SR 626 (Museville Road);
continuing on SR 626 (Museville Road) until reaching Hwy 40.
(2) For trucks to exit off Hwy 40, heading south onto SR 626 (Museville Road) until
intersecting with SR 969 (Sago Road); and continuing south until reaching Hwy 57
( Callands Road). Requires a Motion and a Roll Call Vote —Pages 36 -49
Open: Close:
Sign Ups
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Snead
Blackstock
Bowman
Hagerman
Harville
Barksdale
(Roll Call Vote Y or N)
8. Expenditure Refunds — At the Board of Supervisors meeting on August 4, 2014, a motion
was made by Mr. Harville, seconded by Mr. Snead, that required a 10 -Day Layover that has
been met. Requires a Roll Call Vote — Pages 51 -53
Roll Call Vote
Y N A
Barber
Snead
Blackstock
Bowman
Hagerman
Harville
Barksdale
(Roll Call Vote Y or N)
NEW BUSINESS
9. Proclamation — Countywide Fall Cleanup day to include waiver of landfill tipping fee —
Requires a Motion and a Roll Call Vote — Pages 55 -56
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Snead
Blackstock
Bowman
Hagerman
Harville
Barksdale
(Roll Call Vote Y or N)
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
10. Refund request for Solid Waste Fee payment — Twin Branch LP — Pages 57 -60
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
11. FY2014 Carryovers — Requires a Motion and a 10 -Day Layover — Pages 61 -75
12. Appropriation of Additional State Funds (Commissioner of the Revenues) —
Requires a Roll Call Vote — Pages 76 -77
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Barber
Snead
Blackstock
Bowman
Hagerman
Harville
Barksdale
(Roll Call Vote Y or N)
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
13. Approval of Highway Safety Grant — Pages 78 -83
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM INTERIM COUNTY ADMINISTRATOR
14. Update from Planning Commission on recommendations from the Joint Setback Study
Subcommittee — Pages 87 -138
ADJOURNMENT
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Time Adjourned:
TO BE ADDED
PH
HEARING OF
CITIZENS
P12
CONSENT
AGENDA
P13
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Proclamation — National Preparedness Month
SUBJECT/PROPOSAL/REQUEST:
September 2014 — National Preparedness Month
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
08 -19 -2014
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
ITEM NUMBER:
5(a)
INFORMATION:
INFORMATION:
Each year local governments in the Commonwealth of Virginia recognize the National Preparedness Month
recognizing all of the agencies and citizens responsible for their contribution in preparing for emergencies in
Pittsylvania County.
DISCUSSION:
Attached hereto, is a Proclamation identifying National Preparedness Month for the month of September 2014.
RECOMMENDATION:
Staff recommends that the Board of Supervisors pass the attached Proclamation and authorize the County
Administrator to forward a copy to local media.
P14
Vitt5p1banta Couutp 38oarb of 6uperbifSorfS
,procramatiou
National Preparedness Month
September 2014
Whereas, "National Preparedness Month', creates an important opportunity for every
resident of Pittsylvania County to prepare their homes, businesses, and communities for any type of
emergency including natural disasters and potential terrorist attacks; and
Whereas, investing in the preparedness of ourselves, our families, businesses, and
communities can reduce fatalities and economic devastation in our communities and in our nation;
and
Whereas, the Federal Emergency Management Agency's Ready Campaign, Citizens Corps,
and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to
increase public activities in preparing for emergencies and to educate individuals on how to take
action; and
Whereas, emergency preparedness is the responsibility of every citizen of Pittsylvania
County and all citizens are urged to make preparedness a priority and work together, as a team, to
ensure that individuals, families, and communities are prepared for disasters and emergencies of
any type; and
Whereas, all citizens of Pittsylvania are encouraged to participate in citizen preparedness
activities and asked to visit websites of the Ready Campaign at Readv.Qov or Listo.nov (in
Spanish) and become more prepared; then
Therefore, Be It Proclaimed that the Pittsylvania County Board of Supervisors hereby
proclaims September 2014 as National Preparedness Month, and encourages all citizens and
business to develop their own emergency preparedness plan, and work together toward creating a
more prepared society.
Given under my hand this day 19`h day of August, 2014.
Jessie L. Barksdale, Chairman
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
P15
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waene tags anti ieasn
0 Medications and first -aid kit
C I Recent pictures of you with your pet
Snacks
•••• 12 Vet contact info
U Pet carrier
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0 O Q. Toys
P1S
Download them�e Rea�dyVlrginla app
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Read
www.ReadyVirginia.gov
Get a kit
(YlMake a plan
56Stay informed
Each member of your household should have important emergency contact information with them at all times.
Take the time now to fill out these cards and distribute them to your loved ones.
n06 e1u16ng6Pea8
Fold
IEmergency Contact Information
Emergency contact:
Phone: Cell:
Neighborhood meeting place:
Phone: r
Out -of -town meeting
Phone:
n06 elul6.yg6peaa
uollewjoful leuolllppv I Fold
Emergency Contact Information
Emergency contact:
Phone: Cell:
Neighborhood meeting place:
Phone: r
Out -of -town meeting place:_
Phone: Cell:
P19
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no6elul6vMpeaa
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Emergency Contact Information
Emergency contact:
Neighborhood meeting
Cell:
Out -of -town meeting
Phone:
uollewioful IeuolllppV
Emergency Contact Information
- mergency contact:
'hone: Cell:
Jeighborhood meeting place:
'hone: Cell:
)ut -of -town meeting place:
hone: Cell:
Know Where M,
4
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Pick a Meeting Spot
Where will you meet up with your family if you
have to get out of your house quickly? Where
will you meet if your neighborhood is being
evacuated and you're not at home?
In your neighborhood:
(such as neighbor's house or big tree)
Out of your neighborhood:
(such as the library or house of worship)
Know the Exits
Do you know two ways out of
every room in your house in case
of a fire? Draw a floor plan of your
bedroom in the space below and
circle the two ways to get out.
Hint: one may not be a door!
4nd Ho��;
40 00 ' =W `
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http: / /www.ready.gov /kids
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Draw a Map
Put a 4 to show your home. Put a O to show your school. Mark
your out -of- neighborhood meeting spot with an X and label it.
P20
Read./ /
FEMA
Emergencies can happen at any time. Does your family
know how to get in touch with each other if you are
not all together?
Before an emergency happens, have a family discussion to
determine who would be your out -of -state point of contact,
and where you would meet away from your home — both in
the neighborhood and within your town.
Let them know
you're OV
Pick the same person for each
family member to contact. It might
be easier to reach someone
who's out of town.
/moortant /tnfotrmation
Fill in this information and keep a copy in a safe place, such as your purse or briefcase, your car, your office, and your disaster kit.
Be sure to look it over every year and keep it up to date.
Out -of -Town Contact
Work Information
Workplace:
Address:
Phone:
Facebook:
Twitter:
Evacuation Location:
Address:
Phone:
Facebook:
Twitter:
Evacuation Location-
http://www.ready.gov/kids
P21
Neighborhood Meeting Place:
Regional Meeting Place:
School Information
School:
Address:
Phone:
Facebook:
Twitter:
Evacuation Location:
School:
Address:
Phone:
Facebook:
Twitter:
Evacuation Location:
S
Evacuation Location:
/m oorNOt /7f0fMM007 /continued)
Family Information
Name: Date of Birth:
Social Security Number:
Important Medical Information:
Name:
Social Security Number:
Important Medical Information:
Date of Birth:
Name:
Social Security Number:
Important Medical Information:
Date of Birth:
Name:
Social Security Number:
Important Medical Information:
Date of Birth:
Name:
Social Security Number:
Important Medical Information:
Date of Birth:
Name:
Social Security Number:
Important Medical Information:
Date of Birth:
i
http: / /www.ready.gov /kids
P22
Medical Contacts
Doctor:
Phone:
Doctor:
Phone:
Pediatrician:
Phone:
Dentist:
Phone:
Dentist:
Phone:
Specialist:
Phone:
Specialist:
Phone:
Pharmacist:
Phone:
Veterinarian /Kennel:
Phone:
Insurance Information
Medical Insurance:
Phone:
Policy Number:
Homeowners/Rental Insurance:
Phone:
Policy Number:
Text, don't talk!
Unless you are in danger, send a text.
Texts may have an easier time getting
through than phone calls, and you don't
want to tie up phone lines needed by
emergency workers.
PITTSYLVANIA COUNTY
Board of Supervisors
AGENDA TITLE: I AGENDA DATE:
Virginia Department of Transportation — Rural Rustic 08 -19 -2014
Roads
SUBJECT/PROPOSAL/REOUEST•
Resolution 2014 -08 -04 for RT 694/Davis Road
STAFF CONTACTS)
Mr. Monday
ACTION:
ITEM NUMBER:
5(b)
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
§33.1 -70.1 of the Code of Virginia, 1950, as amended, permits the hard surfacing of certain unpaved roads deemed
to qualify for designation as a Rural Rustic Road.
DISCUSSION:
Now that the revenue sharing application with the Virginia Department of Transportation (VDOT) has been
approved, VDOT has requested a resolution from the Board of Supervisors requesting RT 694/Davis Road be
designated as a Rural Rustic so VDOT can hard surface the road. Attached hereto is Resolution 2014 -08 -04
requesting VDOT to designate RT 694/Davis Road as a Rural Rustic Road.
RECOMMENDATION•
Staff recommends the Board of Supervisors approve Resolution 2014 -08 -04 and authorize the County
Administrator to sign all necessary documentation.
P23
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2014 -08 -04
VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors
held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in
Chatham, Virginia on Tuesday, August 19, 2014, the following resolution was presented
and adopted:
WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard
surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic
Road; and
WHEREAS, any such road must be located in a low - density development area
and have no more than 1,500 vehicles per day; and
WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia ( "Board ")
desires to consider whether Route 694 (Davis Road), From: 0.8 miles east of Business 29
to 1.01 miles east of Business 29, should be designated a Rural Rustic Road; and
WHEREAS, the Board is unaware of pending development that will significantly
affect the existing traffic on this road; and
WHEREAS, the Board believes that this road should be so designated due to its
qualifying characteristics; and
WHEREAS, this road is in the Board's six -year plan for improvements to the
secondary system of state highways.
NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this
road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia
Department of Transportation concur this designation.
BE IT FURTHER RESOLVED, the Board requests that this road be hard
surfaced and, to the fullest extent prudent, be improved within the existing right -of -way
and ditch -lines to preserve as much as possible the adjacent trees, vegetation, side slopes,
and rural rustic character along the road in their current state.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Virginia Department of Transportation Residency Administrator.
Recorded Vote A Copy Teste:
Moved By:
Seconded By: Signed:
Yeas: Printed Name: Clarence C. Monday
Nays: Title: Clerk
P24
PUBLIC HEARING
P25
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing — Proposed amendment to Chapter 5 of
the Pittsylvania County Code; Cemeteries — Mt. Zion
Baptist Church
SUBJECT/PROPOSAL/REOUEST:
Public Hearing
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
08 -19 -2014
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
CXV\
ITEM NUMBER:
6
INFORMATION:
INFORMATION:
BACKGROUND:
Virginia State Code requires that whenever a church sets up a cemetery that is not adjacent to the church or on
church property that it has to go through a local county ordinance. Chapter 5 of the Pittsylvania County Code is set
up to identify cemeteries not adjacent or located on church properties in Pittsylvania County.
Mt. Zion Baptist Church, located in Gretna, Virginia, plans to purchase 0.90 acre of land (GPIN #2550 -72 -7423,
Lot 12) at 261 Telegraph Road/SR 685 for the purpose of forming a cemetery for the church. (See attached letter
and map.) Since this property is not adjacent to the church, an amendment to Chapter 5; Cemeteries, of the
Pittsylvania County Code is required to include the proposed cemetery for Mt. Zion Baptist Church. (Proposed
amendment attached).
RECOMMENDATION:
Staff recommends the Board of Supervisors, after holding the required public hearing, approve the proposed
amendment to Chapter 5; Cemeteries, of the Pittsylvania County Code that would incorporate the Mt. Zion Baptist
Church Cemetery into the code.
P26
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, August 19,
2014, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in
Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsylvania County
Code, Chapter 5- Cemeteries, to add an approximated 0.90 acre tract of land to be used as a
cemetery for the Mt. Zion Baptist Church in Gretna, Virginia. This proposed cemetery Ail] be
located at 261 Telegraph Road/State Road 685; GPIN 4 2550 -72 -7423; Lot 12 in the Callands-
Gretna District. A full text of this proposed amendment is on display for public viewing in the
County Administrator's office at I Center Street, Chatham, Virginia Monday — Friday between
the hours of 8:OOa.m and S:OOp.m.
P27
Mt. Zion Baptist Church
P.O. BOX 1 ] 87
k
IIIUI
Gretna, Virginia 24557
(434)656 -3086
Rev. Burnett Clark, Pastor
Louise C Morrison, Clerk lkaeon Joseph (i Thompson, Chairman
(434) 441 -0918 (434)335 -5349
July 2, 2014
To: Whom it may Concern:
,.,.OR
1 4 1(114
This is a letter to confirm that the land which will be purchased by Mt. Zion
Baptist Church of Gretna, VA from Richard Harvey on Telegraph Rd will be used
for a church cemetery. The purchase is for 0.90 acre of land which is shown on #12
on the map that is enclosed.
Thank You
Trustee President
David Thompson
Chairman of Board
Joseph Thompson
Assistant Church Clerk
Dianne Thompson
Pastor
Rev Burnett Clark
P55
P28
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P29
PITTSYLVANIA COUNTY CODE
CHAPTER 5
CEMETERIES
Article I.
General Considerations
§ 5 -1. Altavista Graveyard
§ 5 -2. Bethel Baptist Cemetery
§ 5 -3. Shockoe Baptist Church Cemetery
§ 5 -4. Miller Memorial Park
§ 5 -5. Mt. Nebo Baptist Church Cemetery
§ 5 -6. Gethsemane Baptist Church Cemetery
§ 5 -7. New Chapel Church Cemetery
§ 5 -8. Mt. Zion Baptist Church Cemetery
P30
CHAPTER 5
CEMETERIES
Article I.
General Provisions
SEC. 5 -1. ALTAVISTA GRAVEYARD.
Be it ordained, by the Board of Supervisors of Pittsylvania County, that the Pittsylvania
County First Church of Jesus of Altavista Graveyard Ordinance be enacted as follows:
1.0 acre of graveyard is hereby established and approved pursuant to Section 57 -26 of the
Code of Virginia of 1950, as amended, in Stanton River District, Pittsylvania County,
Virginia near State Rt. 641 and the Mr. Marie Church property which said graveyard is to be
known as the First Church of Jesus of Altavista Graveyard. (B.S.M. 9 -7 -65)
SEC. 5 -2. BETHEL BAPTIST CEMETERY.
Be it ordained, by the Board of Supervisors of Pittsylvania County, that the ordinance to
establish and approve pursuant to Section 57 -26 of the Code of Virginia of 1950, as amended,
is hereby adopted. A Cemetery two hundred and ten (210) feet by five hundred and eight
(508) feet, located approximately 5.3 miles north of the City of Danville, Virginia, in Dan
Ricer District, in Pittsylvania County, Virginia on the south side of U.S. Highway No. 360
and situated on Bethel Baptist Church property which said Cemetery is to be established by
the Bethel Baptist Church as shown on map by R.G. Neals, dated May, 1966.
(B.S.M. 10 -4 -66)
SEC. 5 -3. SHOCKOE BAPTIST CHURCH CEMETERY.
Be it ordained, by the Pittsylvania County Board of Supervisors that an ordinance titled
"Section 5 -3. Pittsylvania County Code" be amended to approve pursuant to Section 57 -26 of
the Code of Virginia of 1950, as amended, is hereby adopted. The Cemetery is located on
lots 1, 2, 3, and 4 of Section C of the Brownsville Heights Subdivision on Route 699 in the
Chatham District of Pittsylvania County approximately four hundred (400) feet from the dead
end of Road 699 situated on the property of the Shockoe Baptist Church is established and is
to be known as the Shockoe Baptist Church Cemetery. (B.S.M. 7 -6 -87)
P31
SEC. 5 -4. MILLER MEMORIAL PARK.
Be it ordained by the Board of Supervisors of Pittsylvania County that an ordinance titled
"Section 5 -4, Pittsylvania County Code" to be amended to approve pursuant to Section 57 -26
of the Code of Virginia as amended 1950 is hereby adopted. The Cemetery is located on lot
23 (9.765 acres) of the L. Melvin Giles Estate Subdivision Map #2 of State Route 686, and
includes lots 14 -20 of the L. Melvin Giles Estate Subdivision on Route 686 in Callands-
Gretna District of Pittsylvania County south of the Town of Gretna. The cemetery shall be
known as the Miller Memorial Park. (B.S.M. 6 -5 -89)
SEC. 5 -5. MT. NEBO BAPTIST CHURCH CEMETERY.
Be it ordained by the Pittsylvania County Board of Supervisors, that an ordinance be adopted
to approve the following described Cemetery pursuant to Section 57.26 of the Code of
Virginia as amended in 1950. The cemetery is located off Dear View Road, also known as
State Route 670, in the Staunton River Magisterial District of Pittsylvania County, on the
property presently owned by the Mt. Nebo Baptist Church as describe in Deed Book 165,
Page 435, and Deed Book 385, Page 330, said Cemetery consisting of 0.147 acres, and shown
on plat of survey for Mt. Nebo Baptist Church dated August 11, 1997 prepared by John D.
Jacobs, CLS, to which plat of survey and deeds are incorporated herein by reference. (B.S.M.
9- 16 -97)
SEC. 5 -6. GETHSEMANE BAPTIST CHURCH CEMETERY.
Be it ordained by the Pittsylvania County Board of Supervisors, that an ordinance titled
"Section 5 -6, Pittsylvania County Code," to approve a cemetery pursuant to Section 57 -26 of
the Code of Virginia, 1950, as amended, and is hereby adopted. The Cemetery is located on
lot 11 (three (3) acres by survey) on map showing survey of Farm for Montague and Lucille
Grant estate made by H.S. Pierce, Surveyor, recorded in the office of the Clerk of the Circuit
Court of Pittsylvania County, Virginia, in Map Book 24, page 93, located on State Road 703,
and beginning at a point on the line between lots 10 and 11 as shown on the aforesaid map,
180.94 feet off the right of way of State Road 703; thence north 12 degrees 36 minutes east
100 feet to a new point, thence south 79 degrees 45 minutes east 100 feet to a new point,
thence south 12 degrees 36 minutes west 100 feet to a new point on the southern boundary of
the aforesaid lot; thence north 79 degrees 43 minutes west 100 feet to a point and place in
beginning, and being a 100 foot by 100 foot cemetery plot located on the southern property
line of lot 11 and 50 feet off of the western boundary of said lot, said parcel of land to be
known as the Gethsemane Baptist Church Cemetery. (B.S.M. 7 -6 -98)
P32
SEC. 5 -7. NEW CHAPEL CHURCH CEMETERY
Be it ordained by the Pittsylvania County Board of Supervisors, that an ordinance be adopted
to approve the following described Cemetery pursuant to Section 57.26 of the Code of
Virginia as amended in 1950. The Cemetery is located on State Route 763 (Weatherford
Drive) shown as Lot A, containing 1.041 acres on the property of Emmett J. Ward as divided
by survey of Roderick F. Pierson LLS dated November 28, 2011 and recorded with
instrument #11000613 1, to be known as the New Chapel Church Cemetery. (B.S.M.11- 15-11)
SEC. 5 -8. MT. ZION BAPTIST CHURCH CEMETERY
Be it ordained by the Pittsylvania County Board of Supervisors, that an ordinance be adopted
to approve the following described Cemetery pursuant to Section 57.26 of the Code of
Virginia, 1950, as amended. The Cemetery is located on State Route 685 (261 Telegraph
Road) shown as Lot 12, containing 0.90 acre of land on the property of Richard Harvey,
GPIN #2550 -72 -7423, as described in Deed Book 671 -578 of the Roy Callands Estate
Subdivision and recorded in Map Book 26 -15, be known as the Mt. Zion Baptist Church
Cemetery. (B.S.M. 08- 19 -14)
P33
8/15/2014
9
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8/15/2014
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W
P35
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing — No Thru Trucks Restriction
Engineering Study — Alternate Routes between
Highways 57 & 40
SUBJECT/PROPOSAL/REQUEST:
Public Hearing
STAFF CONTACT(S):
Mr. Monday
AGENDA DATE:
08 -19 -2014
ACTION:
Yes (Public Hearing)
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
7
INFORMATION:
INFORMATION:
BACKGROUND:
At their meeting on July 17, 2012, the Board of Supervisors held a public hearing for citizen input on a No Thru
Truck Traffic Restriction proposal to be placed on Green Pond Road/State Route 750 coming off of State Route 57
to its intersection with Anderson Road/State Route 800 and along Anderson Road to its intersection with Climax
Road/State Route 799; thence north to Virginia State Route 40. (See attached Minutes excerpt). In recent months,
there has been much discussion about tractor trailer traffic on SR 799 /Climax Road and intersecting roads thereof
and discussion for engineering study concerning No Thru Truck Traffic Restrictions could be performed by the
Virginia Department of Transportation (VDOT).
At their regular meeting on May 5, 2014, the Board approved sending a request to VDOT for a speed study to be
conducted in the Climax area. Attached hereto is a copy of the Speed Study results from VDOT received in the
County Administrator's office on August 15, 2014. Areas where the speed limits were reduced already have new
signs up and there are alerts signs posted to make drivers aware where newly reduced speed limits are. Also
attached is a map showing which routes were studied and the recommended speeds.
The Board of Supervisors voted to hold a public hearing for citizen input on a proposed No Thru Truck Traffic
Restriction Engineering Study seeking alternate routes for truck traffic between Hwy 40 and Hwy 57, more
specifically for SR 605 / Toshes Road (from Hwy 40 to SR 785/Lark Drive); SR 785/Lark Drive (from SR 605
Toshes Road to SR 750 Oxford Road); SR 750 /Oxford Road (from SR 785/Lark Drive to SR 649 /Anderson Mill
Road); SR 750 /Green Pond Road (from SR 649 /Anderson Mill Road to Hwy 57); SR649 /Anderson Mill Road
(from SR 750 /Oxford Road to SR 799 /Climax Road); SR 649 /Anderson Mill Road (from SR 799 to US Hwy 29);
SR 790/Piney Road (from Hwy 40 to SR 799 /Climax Road); SR 799 /Climax Road (from/to Hwy 57 to Hwy 40).
(See Attached Route Map)
The Proposed Alternate Routes would be:
(1) For trucks to exit off RT 57 (Callands Road), heading north onto SR 969 (Sago Road); continuing north until
SR 969 (Sago Road) intersects with SR 626 (Museville Road); continuing on SR 626 (Museville Road) until
reaching Hwy 40.
P36
(2) For trucks to exit off Hwy 40, heading south onto SR 626 (Museville Road) until intersecting with SR 969
(Sago Road); and continuing south until reaching Hwy 57 (Callands Road).
(See Attached Route Map)
The Virginia Department of Transportation (VDOT) has provided Through Truck Restriction Points from
Guidelines for Considering Requests to Restrict Through Trucks on Primary and Secondary Highways that is
attached. Staff has duly advertised the public hearing as required (attached).
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration. This Board is not required to take
action at this meeting; however action by the Board will be required to officially request further action by VDOT.
P37
Et�i v
COMMONWEALTH ]EALTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
4219 CAMPBELL AVENUE
LYNCHBURG, VIRGINIA 24501
CHARLES A. KILPATRICK, P.E. VDOTVirginia.gov
COMMISSIONER
August 15, 2014
Mr. Clarence Monday
1 Center Street
Chatham, VA 24531
Subject: Climax Speed Studies
Dear Mr. Monday:
Thank you for taking time to meet with us on August 5th to discuss the speed study conducted in
the Climax area.
A summary of the results of the study is as follows:
• Rt. 649 (Anderson Mill Road): will be reduced to 45 mph from Rt. 750 (Green Pond
Road) to Rt. 799 (Climax Road)
• Rt. 750 (Green Pond Road): will be reduced to 45 mph from Rt. 649 (Anderson Mill
Road) to Rt. 57 (Callands Road)
• RL 790 (Piney Road): will be reduced to 45 mph from Rt. 799 (Climax Road) to Rt. 40
(West Gretna Road)
• Rt. 799 (Climax Road): will be reduced to 45 mph from Rt. 40 (West Gretna Road) to
Rt. 57 (Callands Road)
• Rt. 750 (Oxford Road): speed limit will remain the same
• Rt. 804 (Double Bridge Road): speed limit will remain the same
I have attached a color -coded map which shows the routes studied and the recommended speeds.
Other safety items to be implemented include the installation of additional curve warning signs in
various locations and the refreshing of existing pavement markings.
As you know, this was a rather involved study with many pages of documentation involved.
However, please feel free to contact me if you have any questions or need any additional details.
Sincerel
Kenneth Martin
Halifax Residency Administrator
LTA * P= T/ I:10111 z 1 /_\ i r i1617A I z[ e]
P38
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P42
Adjourned Meeting
July 17, 2012
STATE OF VIRGINIA
COUNTY OF PITTSYEVANIA
BEFORE THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RE: CASE 4, R -12 -030 — Russell A. Fades
Rezone thepropertyfrom R -1, Residential Suburban Subdiaision Dirtnel to MHP, Residential
Manufactured Housing Park District, to be combined untb the adjacent parcel Zoned MHP, located off State
Road 668 /Grit Road, namely Tax Map Number 2555 -97- 333018 -3 -1, containing 2.10 acres.
PROFFER OF CONDITIONS:
I, Russell A. Eades, hereby voluntarily proffer to the Pittsylvania County Board of
Supervisors the following condition for the above - referenced property:
1. Proffer not to exceed placement of more than two (2) single -wide mobile homes
on the 2.10 acres to be rezoned and combined with the adjacent mobile home
park. I will submit a Site Development Plan of the two (2) proposed sites in
compliance with the Pittsylvania County Mobile Home Park Ordinance, Chapter
28.
Respectfully submitted:
RusscRA. Hades Date
E:.Z ATHY H. BELTON Swo to and subscribed before me, in my presence
NOIOUY Public this t�day of o� t Virginia
Mmolth o1 VMWMa No Public. In a for
1s�as4 iKW« Aug 41, 2012 /City
Notary Public
corm ss o expires
No one signed up to speak and Mr. Barber closed the public hearing at 7:25pm. Motion was
made by Mr. Ecker, seconded by Ms. Bowman, to approve rezoning Case R -12 -030 from R -1 to
MHP with the submitted proffer. The following Roll Call Vote was recorded: Mr. Harville -Yes;
Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; Ms. Bowman; Mr. Ecker; and Mr.
Barber -Yes. Mr. Ecker's motion to rezone Case R -12 -030 from R -1 to MHP was unanimously
approved by the Board.
This concluded the Rezoning Cases.
Public Hearine
No Thru Trucks- Callands- Gretna District: Public Hearing to receive citizen input on the
proposal to restrict truck traffic from SR 750 /Green Pond Road (off RT 57 West) to SR
800 /Anderson Mill Road; to SR 799 /Climax Road; to RT 40 West. The Alternate Route
would be for trucks on RT 57 West to continue east to the Town of Chatham; then follow
U.S. RT 29 North until reaching RT 40; thence taking RT 40 West. The proposed
restriction will be on any truck, truck and trailer, or semi - trailer combination except a
pickup truck or panel truck.
Mr. Barber opened the public hearing at 7:27pm. Mr. Sleeper explained that there had
been concern on the narrowness of the road and the amount of commercial truck traffic on the
advertised route from VA RT 57 to VA RT 40 and that the Honorable Jerry Hagerman has
requested a "No Thru Trucks" resolution be considered for public hearing and if approved, be
P43
Adjourned Meeting
July 17, 2012
forwarded on to the Virginia Department of Transportation. The following persons signed up to
speak:
Mr. Jim Wagner of the Callands- Gretna District, whose career field is Forestry,
questioned if there had been a study of the amount of truck traffic on the currently used route for
VA RT 57 to VA RT 40 and that to use the suggested alternate route would put an undue burden
of additional miles and gas expense on the drivers, in addition to how important this route was
for the forestry industry. Mr. Wagoner suggested the Board look at all aspects of this issue and
to consider getting direct input from the Department of Forestry and landowners alike.
Ms. Tammy Whitt, of the Callands- Gretna District, lives on Climax Road / SR799, and
voiced concerned about vehicles using excessive speed; of trucks using the road as a shortcut to
VA RT 40 and that because of the narrowness of the road, meeting such trucks has become
highly dangerous and supported the resolution.
Ms. Annegret Wiegmann of Chatham voiced safety concerns concerning the roads not
being designed for commercial traffic and believed that lowering the speed limit would improve
what currently was a dangerous situation.
Mr. Arthur Brunner of 3211 Climax Road /SR799 also stated the traffic appeared to be
going too fast (approximately 55- 60mph) and felt speed limits should be restricted to 40mph, and
that the road was too narrow for commercial truck traffic.
Mr. Ken Scruggs of the Tunstall District, and a professional forester and local timber
buyer, stated the forest industry needed the current route being used and the forest industry
couldn't afford to absorb the cost that would incur from using the proposed alternate route, and
the landowners selling timber would also lose profit from their timbers sales since these
additional costs for a more lengthy route would have to be passed onto the customers. Mr.
Scruggs further voiced his concerns on the ability of some trucks to pass beneath the low train
trestle, which presents a potential safety hazard.
Mr. Max Kendall, of Kendall Lumber, stated the Board to consider instead requesting
that VDOT widen the existing truck routes (SR 750, 800, and 799) by 18 inches to 2 feet on each
side of the road, and this would greatly benefit both sides of the issue. Furthermore, Mr. Kendall
pointed out that if you divert that amount of commercial truck traffic into the Town of Chatham,
the Town's residents would be the next group of people in front of the Board complaining.
Ms. Audrey Fox of 2813 Greenpond Road stated that road was very curvy, had a high
traffic county, and was not built to accommodate the amount of traffic currently traveling it. Ms.
Fox stated the major problem was speeding by all vehicles and suggested VDOT lower the speed
limit to 45mph.
Mr. Bobby Trucker of the Callands- Gretna District and the Museville community was
opposed to the truck restriction, mostly because he did not believe in imposing restrictions on
certain types of traffic. Mr. Tucker stated that only 1 truck has been involved with traffic
incidents on that road, and questioned if the No Thru Trucks restriction was imposed, would that
also prohibit utility trucks, farm trucks pulling trailers, and etc. from using the current route.
Mr. Joe Rodgers, of Chatham and the current Mayor for the Town of Chatham, presented
a written statement for record on the behalf of the Town of Chatham.
P44
Adjourned Meeting
July 17, 2012
Comments for: Pittsylvania County Board of Supervisors — Public Meeting of July 17, 2012 -
Truck Restrictions from Route 57 to Route 40 west of Gretna
On behalf of the town of Chatham, I must voice opposition to the proposal to restrict truck traffic
beginning at the route 57 / 750 intersection; then along Green Pond, Anderson Mill, Climax, and
Piney Road to route 40 just west of Gretna. This opposition is based on the negative effects that
this change would have on the town and its citizens.
Before preparing this statement, I drove the route of the proposed restriction from Rondo to
Gretna and back. I found the traffic to be light and encountered an average of only 12 cars
(counting both directions going and coming) from Route 57 to Route 40. I did not see any road
conditions which appeared unsafe when traveled at legal speed limits.
I am advised that truck traffic from western Pittsylvania County and from Martinsville and
Henry County is using this route as a short cut from Hwy 57 to Hwy 40 and then to US 29 north.
They are also apparently using it to avoid having to go through the Town of Chatham. I
measured a 5 mile savings from Hwy 57 to US 29 north at the Gretna by -pass using this route vs.
going down Hwy 57 to Chatham and then north on US 29 to Gretna.
I understand that the Board of Supervisors is reacting to recent accidents on Green Pond Road. In
each case, it is not clear that the road itself was a primary factor. Based on what I've read, the
tragic accident which took the life of the young mother of two would not have been influenced in
any manner had trucks been restricted on this section of road.
If the proposed restrictions are put in place, the only route for this northbound traffic will be
through the Town of Chatham. It is my contention that this may create more problems than a
restriction in the county will solve. The intersection at Hwy 57 and Business 29 in town presents
difficulty in maneuvering trailer trucks whether turning on to or off of Main Street. Southbound
traffic on Main Street occasionally has to stop and back up to provide turning radius space for
trailer trucks going north on Main Street off of 57 and vehicles turning left off Business 29 onto
Hwy 57 often require trucks trying to turn right to maneuver onto the sidewalks, as tire marks
readily attest.
Truck traffic along Main Street, especially northbound traffic, has to contend with vehicles on
both sides of the street as well as pedestrian traffic. The town has received routine complaints
about the noise, pollution and safety issues associated with through truck traffic north of Hwy 57
on Business 29. It is noteworthy that northbound traffic through town passes through much area
which is residential. Herein lay many of the citizens concerns. Efforts and overtures to VDOT to
P45
Adjourned Meeting
July 17, 2012
prohibit thm traffic north or to realign the 57 / B -29 intersection at the Exxon Station for traffic
turning south off Hwy 57 have been rejected. The proposed restriction will simply make worse a
problem that already exists in town and one which we have had no success in addressing with
VDOT. This restriction would take what appears to be a relatively minor rural road problem and
turn it into a much larger issue in the town.
I respectfully request the county reconsider this proposal or look at alternatives which would
avoid putting this traffic into town. If adopted, any plan put forward by the county must include
asking VDOT for prohibitions on thru truck traffic on Main Street (Business 29) north of
Highway 57 and also for a realignment of the intersections at Hwy 57 and 29 Business both
coming off 57 west and entering 57 east at the Exxon Station.
Thank you for your consideration and time.
Joe Rogers, PE
Mayor, Town of Chatham
Zo / L
U
Mr. Rodgers commented that Dominion Power alone had over 10,000 trucks per year that used the
current route from VA RT 57 to VA RT 40 and it created numerous difficulties for the trucks to
come through the Town of Chatham as opposed to their current route.
Mr. Roy Byrd, Council Member for the Town of Chatham, and Fuel Procurement
Manager for the Dominion Power Plant, stated the current truck route was critical for Dominion
Power, and that as a Town Councilman, the issue becomes where are you going to spend money to
accommodate the truck traffic -the current route or the proposed route, as each has issues. As a 10-
year veteran of the Virginia Transportation Board, Mr. Byrd stated that the one thing he learned is
that the propose of highways was to distribute traffic and if the Board restricts truck traffic from
RT 750, you will concentrate all this truck traffic through the Town of Chatham. Dominion Power
is the largest taxpayer in Pittsylvania County and saves over 2 million barrels of oil a year for fuel
consumption and furthermore, has extended $163 million to the timberers of this County. His
suggest would be to start with lowering the speeds on the roads in question and then petition
VDOT to widen those same roads.
Mr. Roger Jefferson, of the Callands- Gretna District, is a dairy farmer on the Climax
Road who markets 88% of the milk in Pittsylvania County, and the largest dairy farmer in the
Commonwealth of Virginia, and stated his business can't operate if the trucks can't come in and
out of his business. He was not in support of restricting the truck traffic and suggested the more
reasonable solution would be to lower speeds and have them enforced.
Mr. Chad Shelton of the Callands- Gretna District runs a lumber business with his father
and stated the current truck route was the primary corridor for moving their products and agreed
with earlier suggestions of enforced lowered speed limits and widening the roads.
Mr. Bill Black of the Banister District worried about the quality of life in Chatham if an
excess of 10,000 trucks were added to the Town traffic. Furthermore, long carriers cannot make
the turn going north onto Main Street if cars are parked at the post office and trucks making a turn
onto VA RT 57 E can't make that turn either, making this alternate route an impossible route for
truckers to use.
P46
Adjourned Meeting
July 17, 2012
Mr. David Falson of Dominion Power stated that SR 750 is crucial to the operation of
Dominion Power and that in 7 years and over 10,000 loads, none of their trucks had been involved
in an incident.
Ms. Carolyn Moon of the Westover District and forestry consultant that assists private
owners in the sale of their timber stated this proposed restriction is a form of restricting commerce
and agrees with the earlier proposed solutions of reduced speed limits and widening of the roads
currently being used.
Mr. Nelson Giles, Jr. of Chatham stated that the roads /shoulders of the current routes are
not adequate for trucks, but it is the shortest and most economical route to use. Speed limit
enforcement, Mr. Giles stated, is a necessity no matter how the Board votes.
Mr. Peter Pilser of the Climax Road complained about the noise the truck traffic created
and that slowing the traffic down via enforced speed limits would certainly help.
Mr. Richard Shields of the Callands- Gretna District sympathized with both sides of the
issue, and that the most important thing to be done would be enforcing reduced speed limits.
Mr. Roy Van Der Hyde of the Chatham - Blairs District and Van Der Hyde Dairy Farms,
agreed with Mr. Jefferson's comments.
Mr. Tommy Motley of the Callands- Gretna District also agreed with Mr. Jefferson and
that if truck traffic was diverted to the Town, and a truck got hung up at the train trestle, not only
would it stop vehicle traffic, it could stop train traffic as well.
Mr. Kevin Owns of the Callands- Gretna District, who lives on the Climax Road, stated
some of the craziest driving was from car drivers, not truck drivers, and restricting truck traffic
would not answer the safety issues currently experienced on that road; that speed limits need to be
lowered for all road traffic and enforced.
Mr. Jay Calhoun of the Gretna - Callands District stated the truck restriction was a way of
restricting commerce that's harvested in this County and that route is a thorough faire route on the
VDOT maps; it is important to identify and solve the road problems, not restrict traffic.
Ms. Lori Berrios of the Climax area, spoke in favor of the restrictions.
Mr. Donnie Moore of the Callands- Gretna agreed with previous comments on speed
reduction and road widening.
Mr. Steven Veal, who lives on Anderson Road and is a truck driver, stated that a tractor
trailer can't make the turns in the Town of Chatham and agreed with previous comments
concerning the limitations and road widening.
Mr. Frank Fox of the Chatham - Blairs District felt this proposal alternate route was an
example of unintended consequences and that the problem would being moved instead of fixed.
No one else spoke and Mr. Barber closed the public hearing at 8:21pm. Motion was then made by
Mr. Hagerman, seconded by Mr. Ecker, to forward the resolution onto VDOT for consideration.
Mr. Harville made a substitute motion, seconded by Mr. Snead, to ask VDOT to extend the roads
by 18 inches on each side, and to immediately post 45mph speed limit signs. Furthermore, Mr.
Harville stated that he would be willing to forfeit his 6 -year funds to fix this road problem, and that
the County needed to send a strong message to the Commonwealth of Virginia concerning this
matter. The Board then approved Mr. Harville's substitute motion by a 6 -1 majority vote, with
Mr. Hagerman opposing.
This concluded the Public Hearings.
Unfinished Business
At the July 2, 2012 meeting of the Board, a motion was made by Mr. Snead,
seconded by Mr. Ecker, for the reappropriation of funds as follows: $175,00 to Sheriff - Wrecker
Service (100-4-031200-3170), $2,312.09 to Sheriff - Subsistence & Lodging, $10,620.04 to
Sheriff -Parts (100 -4- 031200- 6030), $7,742.35 to Sheriff -Svc Costs -Labor (100-4-031200-063 1),
P47
Through Truck Restriction Talking Points
(From Guidelines for Considering Requests to Restrict Through Trucks on Primary and
Secondary Highways)
Background:
• "It is the philosophy of the Commonwealth Transportation Board that all vehicles should
have access to the roads on which they are legally entitled to travel."
• Restrictions may be done upon demonstration that the restriction will "promote the
health, safety and welfare of the citizens of the Commonwealth without creating an undue
hardship on any of the users of the transportation system. The Board recognizes that there
may be a limited number of instances when restricting through trucks from using a
segment of a primary or secondary roadway will reduce potential conflicts, creating a
safer environment and one that is in accord with the current use of the roadway."
How does the process begin? Following a public hearing, duly advertised, a local governing
body must submit a formal request, including a transcript from the public hearing to prohibit or
restrict the use by through traffic of any part of a primary or secondary highway if a reasonable
alternate route is provided.
How lone does the process take? The CTB or designee shall act upon the formal request within
nine months of its receipt, unless good cause is shown.
What vehicles might be restricted? Restrictions may apply to any truck or truck and trailer or
semitrailer combination, except a pickup or panel trucks, as may be necessary to promote the
health, safety and welfare of citizens.
Who has the authority to approve through truck restrictions? The CTB has the authority to
restrict through truck traffic on primary highways but has delegated the authority to restrict
through truck traffic on secondary routes to the Commissioner of the Virginia Department of
Transportation.
What criteria are used for restricting through truck traffic on a roadway or series of
roadways? VDOT considers the following in reviewing a request. Both the first and second
criteria must be met in order to be approved; in addition, either the third or fourth criteria must
be met:
1. Reasonable* alternate routing is provided. (Evaluation of alternate route includes traffic
and safety related impacts)
2. The character and/or frequency of the truck traffic on the route proposed for restriction is
not compatible with the affected area. (Evaluation includes safety issues, accident history,
engineering of roadway, vehicle composition), and other traffic engineering related
issues.)
P48
3. The roadway is residential* in nature.
4. The roadway is functionally classified as either a local or collector.
Specifics regarding Climax Road
Where do we stand today with a through truck restriction on Climax Road in Pittsvlyania
County? VDOT has not received a formal resolution from any local governing body requesting
a restriction of truck traffic on Climax Road.
Definitions:
Reasonable — To be considered reasonable, the alternate route(s) must be engineered to a
standard sufficient for truck travel, and must be judged at least as appropriate for truck traffic as
the requested truck restriction route. If upgrades are necessary to an alternate route, they must be
completed before the restriction is implemented. The termini of the proposed restriction must be
identical to the alternate route to allow a time and distance comparison to be conducted. The
alternate route must not create undue hardship for trucks in reaching their destination.
Residential - lypically Typically to be judged residential, the road will have at least 12 dwelling combined
on both sides within 150' of the existing or proposed roadway center line per 1000 feet of
roadway.
P49
UNFINISHED
BUSINESS
P50
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
8 -19 -14
Expenditure Refunds- Motion made by Mr. Harville ACTION:
and seconded by Mr. Snead and has now met the 10- Yes
day layover requirement. Requires a roll call vote.
SUBJECT/PROPOSAL/REOUEST•
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
BACKGROUND:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY: �IV1
ITEM NUMBER:
8
INFORMATION:
INFORMATION:
DISCUSSION:
Attached is a list of expenditure refunds for the month of July 2014 for review. As discussed earlier with the
Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves
room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so
the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of funds as follows: $60.00 to County Attorney - Office Supplies (100-
4- 012210 - 6001), $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600 - 60051), $506.00 to Sheriff -Parts
(100 -4- 031200 - 6030), $300.00 to Sheriff -Labor (100 -4- 031200 - 6031), $11,395.92 to E91 I- Telephone (100-
4- 035500 - 5230), $35.40 to E911- Office Supplies (100 -4- 035500- 6001), $14,537.45 to WIA -Other Operating
(251 -4- 353853- 6014). MOTION MADE BY MR. HARVILLE AND SECONDED BY MR. SNEAD AND
HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. REQUIRES A ROLL CALL VOTE.
P51
AGENDA TITLE:
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
8 -04 -14
Expenditure Refunds- Requires a motion and a 10 -day I ACTION:
layover Yes
SUBJECT /PROPOSAL /REQUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
t3AUKU KO UN D:
ITEM NUMBER:
I
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY: CNI\
DISCUSSION:
Attached is a list of expenditure refunds for the month of July 2014 for review. As discussed earlier with the
Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves
room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so
the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of funds as follows: $60.00 to County Attorney - Office Supplies (100-
4- 012210- 6001), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600- 60051), $506.00 to Sheriff -Parts
(100 -4- 031200- 6030), $300.00 to Sheriff -Labor (100-4-031200-6031), $11,395.92 to E91 I -Telephone (100-
4- 035500 - 5230), $35.40 to E91I- Office Supplies (100 -4- 035500 - 6001), $14,537.45 to WIA -Other Operating
(251 -4- 353853 - 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER.
P60
P52
Fin -nee Department
P.O. Box 426
Chatham. Virginia 24531
PITTSYLVANIA COUNTY
VIRGINIA
MLMU I O: Clarence C. Monday
County Administrator
FROM. Kim Van Der Hyde
Finance Director
SUBJECT: June Expenditure Refunds
DATE: July 29, 2014
Phone (434) 432 -7740
Pax (434) 432 -7746
Gretna /Hart 1434) 656 -6211
Bachelors Hall/WhitmeB 14341797-9550
The list below shows all expenditure refunds that were sent to the Finance Department
during the month of July. I am recommending that all of the following expenditure
refunds be reappropriated by the Board of Supervisors:
1004- 012210 -6001 County Attorney - Office Supply 60.00
FOIA payments
1004- 021600 -60051 Clerk of Court - Copier Lease 199.67
Reimbursement
100 -4- 031200 -6030 Sheriff -Parts 506.00
Insurance Claims/Restitution
100-4- 031200 -6031 Sheriff -Labor 300.00
Insurance Claims
100-4- 035500 -5230 E911- Telephone 11,395.92
Intrado Reimbursement
I00 -4- 035500 -6001 E911- Emergency Office Supplies 35.40
FOIA Payment
251 -4- 353853 -6014 WIA -Rent 14,537.45
Rent Payments (251-3-000000-150201)
TOTAL JULY EXPENDITURE REFUNDS 527,034.44
P61
P53
M
NEW BUSINESS
P54
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Proclamation — Countywide Fall Cleanup Month and 08 -19 -2014
Request for Landfill Tipping Fee Waiver
SUBJECT/PROPOSAL/REQUEST:
Proclamation
STAFF CONTACT(S):
Mr. Monday
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
9
INFORMATION:
INFORMATION:
BACKGROUND:
The Pittsylvania County Beautification Committee is working to have a countywide spring cleanup during the
month of October 2014. To support the Beautification Committee, the Board of Supervisors is making a
proclamation concerning countywide cleanup.
DISCUSSION:
Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the
countywide cleanup for October 2014. The proclamation contains a special action by the Board of Supervisors for
the citizens to bring in any of their trash to the landfill Friday, October 17, 2014 from 7:30am until 3:30pm on AND
from 10:00am until 2:00pm on Saturday, October 18, 2014, waiving the tipping for the citizens to bring in their
trash to the landfill. The County is only limited by the items it can take in at the landfill that must be non-
hazardous and permitted under the County's permit.
RECOMMENDATION:
Staff recommends the Board of Supervisors pass the proclamation which establishes the special wavier of tipping
fees to citizens Friday, October 17, 2014 from 7:30am until 3:30pm on AND from 10:00am until 2:00pm on
Saturday, October 18, 2014. This motion would require a Roll Call Vote.
P55
Vitt!gplbania Countp �Uoarb of buperbi orb
i0rodamation
COUNTYWIDE CLEANUP
During October 2014
"Keeping Our Communities Clean"
Whereas, Pittsylvania County is rich in beauty and natural resources; and
Whereas, the Board of Supervisors of Pittsylvania County and the Pittsylvania County
Beautification Committee strive to improve the quality of life in our community through enhanced
community awareness, education, and public /private partnerships working together on projects that
keep our environment clean and free of debris, beautify our neighborhoods and public spaces, and
instill pride and a sense of ownership in our community; and
Whereas, every citizen can contribute to the protection and preservation of the beauty of
Pittsylvania County by participating in a countywide cleanup campaign; and
Whereas, Pittsylvania County Citizens realize a cleanup effort is needed to display pride in
our community for ourselves, our visitors, and for industrial prospects; and
Whereas, a countywide cleanup campaign will engage individuals to take greater
responsibility for improving their community's environment through the three main focus areas of
litter prevention, waste reductions and recycling, and beautification; and
Whereas, the Pittsylvania County Board of Supervisors will sponsor a "Take Your Trash to the
Landfill On Us "from 7.30am until 3:30pm on Friday, October 17, 2014 AND from 10.00am until
2:00pm on Saturday, October 18, 2014, waiving tipping fees for citizens bringing their trash to the
landfill on those days; then
Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors
proclaims October 2013 as Countywide Cleanup Month in Pittsylvania County, Virginia, and
encourages all communities, civic and professional groups, businesses, churches, schools, families
and individual citizens to take an active role in making the communities in Pittsylvania County a
more beautiful place to live, work and play.
Given under my hand this day 19`" day ofAugust, 2014.
Jessie L. Barksdale, Chairman
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
P56
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Refund request for Solid Waste Fee Payment — Twin 08 -19 -2014
Brank LP
SUBJECT/PROPOSAL/REOUEST•
Refund Request
STAFF CONTACT(S):
Mr. Monday
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
10
INFORMATION:
INFORMATION:
BACKGROUND:
The Pittsylvania County Board of Supervisors, under the terms and provisions of § 58.1 -3916 of the Code of
Virginia, 1950, as amended, implemented a Solid Waste Fee of $5 per month per household to every owner or
operator of any house, apartment, rental house, rental residential unit, multiple residential unit, trailer camp or
trailer court that became effective July 1, 2012. This fee is billed twice a year with the regular Real Estate Tax levy
due December 5 and June 5 each year. Effective July 1, 2013, Section 17 -13; Payment of Solid Waste Fee, and
as authorized by § 15.2- 2159(A) of the Code of Virginia, 1950, as amended, states "no fee shall be levied upon
persons whose residential waste is not disposed of in the County's landfill, provided said nondisposal is
documented by the reasonable satisfaction of the Commissioner ofRevenue's Office, by the collector ofgenerator
of such waste. " (See Attached)
DISCUSSION:
Attached hereto, letters addressed to the County Administrator's office and the Pittsylvania County Treasurer's
office from the Honorable Samuel W. Swanson, Jr., Commissioner ofthe Revenue for Pittsylvania County in which
Mr. Swanson states Twin Branch LP meets the requirements of Sec. 17 -13 and Sections 58.1 -3990 of the Code of
Virginia, 1950, as amended, for Twin Branch LP's request to the Commissioner of Revenue's Office to be
reimbursed $5,040.00 paid towards Solid Waste Fees in the 2013 taxable year.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Twin Branch LP's request for reimbursement of Solid Waste
Fees paid in the taxable year of 2013 totaling $5,040.00 and direct the Treasurer's Office to reimburse this amount
to Twin Branch LP. This motion would require a Roll Call Vote.
P57
Article III.
Solid Waste Disposal Fee
SEC. 17-11. TITLE; INCORPORATION OF STATE CODE.
This ordinance shall be known as the "Solid Waste Disposal Fee Ordinance" of the County of
Pittsylvania, Virginia. The terms and provisions of Section 15.2 -2159 of the Code of Virginia,
1950, as amended, are adopted and incorporated herein by express reference and deemed a part of
this Article.
SEC. 17 -12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE; USE OF FEE;
EFFECTIVE DATE.
Pursuant to the provisions of and authority contained in Section 15.2 -2159 of the Code of
Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors does hereby establish a
Solid Waste Disposal Fee. A Solid Waste Disposal Fee Schedule shall be adopted annually by
the Board of Supervisors, via Resolution, following a duly advertised and conducted public
hearing. Said fee shall not exceed the actual cost incurred by Pittsylvania County (the "County ")
in procuring, developing, maintaining, and improving its Landfill and for such reserves as may be
necessary for capping and closing such Landfill in the future. Such fee shall be deposited in a
special account to be expended only for the purposes for which it was levied. The County's Solid
Waste Disposal Fee shall be effective on or after July 1, 2012. Effective July 1, 2013, the Solid
Waste Disposal Fee shall also be able to be used to purchase or subsidize the purchase of
equipment used for the collection of residential solid waste disposed of at the County's landfill.
SEC. 17 -13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Every person owning or operating any house, apartment, rental house, rental residential unit,
multiple residential units, trailer camp, or trailer court ( "households ") in the County or the Towns
contained in the County shall pay said Solid Waste Disposal Fee based on said Solid Waste
Disposal Fee Schedule, with the following exception, effective July 1, 2013, and as authorized by
Section 15.2- 2159(A) of the Code of Virginia, 1950, as amended: no Solid Waste Disposal Fee
shall be levied upon persons whose residential waste is not disposed of in the County's landfill,
provided said nondisposal is documented, to the reasonable satisfaction of the Commissioner of
Revenue's Office, by the collector or generator of such waste. Documentation provided by a
collector of such waste pursuant to this exception shall not be disclosed by the County to any
other person.
P58
T
OFFICE OF
COMMISSIONER OF THE REVENUE
(a) PIMYLVANIACOl1NTY
P. O. BOX 272
CHATHAM, VIRGINIA 24531
Samuel W "Sam" Swanson, Jr.
Commissioner
April 14, 2014
Otis Hawker
Interim County Administrator
Pittsylvania County
Chatham, VA 24531
RE: REFUND REQUEST FOR SOLID WASTE FEE PAYMENT
Dear Mr. Hawker:
(434)432 -7940
(434) 656 -6211
FAX(434)432-7957
sam. Swanson @piugov. org
Twin Branch L P property was assessed a solid waste fee for the taxable year of 2013. Pursuant
with SEC.17 -13 and SEC.6.6 -2 of the Pittsylvania county Code, along with 58.1 -3981 and 58.1-
3990 of the Code of Virginia, a refund is being requested as dictated in the attached req
the Treasurer of Pittsylvania County. uest to
Because of the amount involved and pursuant to State Code, we are notifying the Pittsylvania
County of Supervisors and requesting they review the attached request and direct the
Treasurer of Pittsylvania County to take the appropriate action.
Should you have any questions regarding this matter, please feel free to contact this office.
/Regards,
Samuel W. Swanson, Jr.
Commissioner of the Revenue
S WS /syh
Enclosure
Cc: Kim VanDerHyde, Finance Director
J. Vaden Hunt, County Attorney
M. Kate Berger, Treasurer
P59
Samuel W. "Sam" Swanson, Jr.
Commissioner
April 14, 2014
M. Kate Berger, Treasurer
Pittsylvania County
Chatham, VA
Dear Mrs. Berger:
(434)432 -7940
(434) 656-6211
FAX(434)432-7957
sam. Swanson @pittgov.org
The following taxpayer(s) property was assessed a solid waste fee for the taxable year(s) 2013.
In accordance with SEC. 17 -13, PAYMENT OF SOLIDWASTE DISPOSAL FEE of the
Pittsylvania County Code which states in part, "...no Solid Waste Disposal Fee shall be levied upon
persons whose residential waste is not disposed of in the County's landfill, provided said nondisposal
is documented, to the reasonable satisfaction of the Commissioner of Revenue's Office, by the
collector or generator of such waste..." A refund under Sec. 58.1 -3990 Code of Virginia is being
requested by the Commissioner of the Revenue for the following taxpayer.
Account: #117752 Bill #. 13A2329339085.1 Full or Partial
Name: Twin Branch L P
C/O The Franklin Johnston Group
300 32nd St. Suite 310
Virginia Beach, VA 23451
Amount Tax to Refund: $5,040.00
Thank you for your attention in this matter.
Regards,
Samuel W. Swanson Jr.
Commissioner of the Revenue
SWS,JR/syh
P6o
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2014 Carryovers- Requires a motion and a 10 -day
layover.
SUBJECT/PROPOSAL/REOUEST•
2015 Budget Amendments based on the attached
carryover listing
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
8 -19 -14
ACTION:
Yes
ITEM NUMBER:
I1
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY:
OM
DISCUSSION:
Attached is a listing of appropriations necessary to carryover funds from the FY 2014 budget to the FY 2015
budget. These appropriations total $881,531.93 and affect the following departments: County
Administration, Independent Audit, Commissioner of Revenue, Reassessment, Central Accounting, Fleet
Management, Central Purchasing, Clerk of Circuit Court, Sheriff, Fire & Rescue, Jail, Animal Control, E911,
Danville Community College Contribution, Community Development and the Capital Improvements Fund.
This listing includes encumbrance carryovers from the previous year, which are for items that were ordered in
June but will not be received until after the new fiscal year. Also attached are carryover requests concerning
budgets for the Commissioner of Revenue, Fleet Management, Clerk of Circuit Court, Sheriff, Fire and
Rescue, Animal Control and Pittsylvania County Service Authority.
RECOMMENDATION:
Staff recommends that the Board review the attached listing of proposed 2014 carryovers as well as the
attached carryover requests. REQUIRES A MOTION AND A 10 -DAY LAYOVER.
P61
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P65
Samuel W. "Sam" Swanson, Jr.
Commissioner
August 12, 2014
Ms. Kim VanDerHyde
Finance Director
Pittsylvania County
Chatham, VA 24531
OFFICE OF
COMMISSIONER OF THE REVENUE
RE: APPROPRIATION REQUEST
Dear Kim:
PiTTSYLVANIACOUNTY
P. O. BOX 272
CHATHAM, VIRGINIA24531
(434)432 -7940
(434)656-6211
FAX(434)432 -7957
sam.swanson @pittgov.org
Upon review of the 2014 -2015 Compensation Board Budget for the Commissioner of the
Revenue Office, certification monies were approved for two of my deputies, Shirley Hammock
and Robin Goard in the amount of $6,661.00.
At the time of their certification, I requested to use part time monies to compensate them for
completing the program and reduced the amount of part time monies by this amount for our
office.
I am requesting to restore the amount of $6,661.00 of which $4,764.00 will be state funded to
my part time money line item. in addition I would like to carry over an additional $3,000.00 in
unused funds from the 2013 -2014 fiscal year budget to part time monies.
Thank you in advance for your consideration and approval of this request.
Regards,
�Cv��a1.� lr(.J • - v�d -1v'i �r-
Samuel W. Swanson, Jr. (/
Commissioner of the Revenue
SWS /syh
P66
PITTSYLVANIA COUNTY
VIRGINIA
tit S Y L
Otis S. Hawker c y
Assistant County Administrator o n
Operations & Facilities a iL :1 a 1 Center Street, Chatham, Virginia
P.O. Box 426 w w o Phone (434) 432 -7712
Chatham, Virginia 24531 1767 / Fax (434) 432 -7714
otis.hawker @pittgov.org yin z www.pittgov.org
MEMORANDUM
To: Clarence C. Monday, County Administrator
From: Otis S. Hawker, Assistant County Administrator 099 Al-7
Date: Friday, August 15, 2014
Subject: Fleet Vehicle
I am hereby requesting $30,000 to be carried over from the 2014 budget in order to replace a
fleet vehicle. The County presently has a 1999 Dodge Stratus that is not road worthy. It is my
intent to surplus this vehicle and move a current 2008 Ford Explorer with 111,000 miles to the
fleet to sign out to staff members and Constitutional Officers for travel and training purposes.
If you should have any questions regarding this matter, please do not hesitate to let me know.
OSH/kp
Cc: Kim Van Der Hyde, Director of Finance
P67
(ILTIi.erh of Tourt
PITTSYLVANIA COUNTY CIRCUIT COURT
P.O. DRAWER 31
'O + CHATHAM, VIRGINIA 24531
H.F. Haymore, Jr. Clerk
Chatham, Virginia 24531
434 -032.7894
May 9, 2014
Ms. Kim Van Der Hyde, Director of Finance
Chatham, VA 24531
Dear Kim:
Stacey W. Moreau, Judge
Chatham, Virginia 24531
Relevant to our conversation this morning concerning my income statement
this correspondence is to respectfully request that $5,500.00 be carried over into
next year's budget from line item 21600 - 33200, service contracts. This is
technology trust fund money that will not be needed until after July 1, 2014.
Thanking you in advance for your cooperation in this matter, I remain,
Yours truly,
H. F. Haymore, Jr.
HFH,jr /jwp
P68
The Office f the Sheri- ff
flce o t arf
b
-� , predJ
�•� PittsyCvania County
Phone (434) 432 -7800 or (434) 656 -6211 fax (434) 432 -7823 i, "r
R„ ve y Email- pcso @pittgov.org -Wedsite- wwIvpittsyCvanfasher ory g8'eaCIA
Attchaeriv. ?ayCor P.O Box
ghelff %me 25,7D14 407
Chatham, VA 24,x{t
Kim Van Der Hyde, Director of Finance
Pittsyivania County
P.O. Box 426
Chatham, VA 24531
Via email
Re: Moses Building Repair
Dear Kim:
Mr. Hawker had requested me to Identify unobiigated funds in this year's appropriated budget that could
obligated to pay for the much needed repairs to the Moses Building. Identified through Vacancy Savings from the
Virginia Compensation Board's reimbursement to the County is $73,537.16. 1 would request that this amount be
appropriated for this purpose. Please let me know your thoughts in this matter. With kindest regards i remain,
Cc: Kim Van Der Hyde, Director of Finance
Otis Hawker, Interim County Administrator
MWi /mt
Very truly yours,
c
Michael W. Taylor
Sheriff
P69
2014 -2015 Carryover
Request Pittsylvania
County Sheriff's
Office
100 -4- 31200 - 315000
100 -4- 31200 - 554000
100 -4- 31200 - 554100
100 -4- 31200 - 581000
100 -4- 31200- 810500
100 -4- 31200- 811300
100 -4- 033100- 317400
Moses Building Repair
Total Carryover Requested
Line Item Defined
Legal Fees
Training and Education
Career Development
Dues and Membership
Capital Outlay Vehicles
Capital Outlay Emergency Equipment
Boarding of Prisoners - External
P70
Requested
Line Item
2014 -2015
Adopted
Carryover
Total if
Budget
Amount
Approved
$2,500.00
$5,000.00
$7,500.00
$25,000.00
$7,000.00
$32,000.00
$5,000.00
$5,000.00
$10,000.00
$34,440.00
$15,560.00
$50,000.00
$150,000.00
$108,000.00
$258,000.00
$0.00
$20,000.00
$20,000.00
$250,000.00
$85,968.29
$335,968.29
$0.00
$73,537.16
$73,537.16
$320,065.45
Kim Van Der Hyde
From:
Kim Van Der Hyde
Sent:
Tuesday, August 05, 2014 1:16 PM
To:
Steve Finkner
Subject:
June 2014 Fire and Rescue Report
Attachments:
Fire & Rescue Report-June 2014.pdf
Tracking:
Recipient Read
$ 5,783.02
Steve Finkner Read: 8/7/2D14 7:59 AM
Hi Steve,
Attached is the fire and rescue report for June 2014. Also, we need to go over carryovers. This is what I have. Please let
me know if I have something incorrect.
Apparatus Funding -100.4 -032200 -5660
Cascade VFD $ 1,008.33
640 Rescue $ 70.000.00
TOTAL $ 71,008.33
Capital Funding -100 -4 -032200 -5661
640 Rescue
$ 15,000.00
Cool Branch
$ 22,500.00
Climax
$ 4,618.90
Dry Fork VFD
$ 707.55
Kentuck
$ 5,000.00
Mt. Hermon
$ 5,783.02
Chatham Rescue
$ 7,500.00
TOTAL
$ 61,109.47
Kim Van Der Hyde
Director of Finance
Finance
PITI'SYLVANIA z✓OI11YTY
VIRGINIA
Tel. (434) 432 -7742
Fax, (434) 432 -77,46
Kim.VanderhydeCmpittgov oro
vviyw.pittpoy.orp
i Center Street
P.O. sox 426
Chatham, VA
&3531
Any a -mail orother correspondence sent to a member of the Board of Supervisors, or any otherpubhc ohiciat and/or employee of pittsyfvania County Virginia (the
"County), in the transaction of public business, is considered a public record and such records are subject to the Virginia Freedom of Information Act ( "VA
FOIA1. This means that Virginia law genemity requires the County to provide a copy of any such e-mail, upon request, for inspection and copying to any citizen of
the Commonwealth, or to any member of the news media, unless lawfully exempted hom production/disclosure under VA FOIA. If you have received this email or
P71
PITTSYLVANIA COUNTY
VIRGINIA
Y LV�
Otis S. Hawker
Assistant County Administrator o
Operations & Facilities < J 1e 1 Center Street, Chatham, Virginia
P.O. Box 426 y sw o w Y Phone (434) 432 -7712
Chatham, Virginia 24531 '^ 776 t Fax (434) 432 -7714
otis.hawker@pittgov.org �� tF www.pittgov.org
RGi.1
MEMORANDUM
To: Clarence C. Monday, County Administrator
From: Otis S. Hawker, Assistant County Administrator/ 2 6%
Date: Thursday, August 07, 2014
Subject: Pittsylvania County Animal Pound
I have reviewed the attached letter of notification from the Division of Animal & Food
Industry Services of the Commonwealth of Virginia dated July 21 2014 concerning the
Animal Facility Inspection Report. This animal facility inspection took place on April 17,
2014.
There are two specific items of significant findings that were reported:
Significant findings of noncompliance were noted on inspection.
(a) The animal custody records are not all completed to include notation
whether or not the specified identifiers of potential ownership were
appearing on each animal.
This can be handled administratively and I have instructed Pete Boswell. Chief
Animal Control Officer, to make the necessary corrections and provide training
to the officers.
(b) There were small dogs confined in enclosures that do not protect from
escape and /or injury due to wide gaps. Appropriate cages were oil premises
outside of the facility, but not in use for currently confined dogs.
The actual cages referred to as being on premises was placed outside on this
unannounced inspection due to the fact that the County had a contractor present
installing and finishing the ceiling in the pound. During this period, our
records indicate no small animals were present and the necessity to allow the
contractor to remove the cages to complete the renovations.
P72
Animal racility inspection Report
August 7, 2014
Page 2
2. There were critical repeat findings of significant noncompliance.
(a) The floor and wall surfaces do not permit proper disinfection. The surfaces
are rough, porous, rusted, corroded, cracked, and chipped due to age, wear,
and deterioration. This is the frfth consecutive citation of this violation.
In reference to the two findings, l submit the following:
The animal pound was constructed 31 years ago and has become outdated with
regulations for animal pounds in 2014. Through this period of continuous use,
the concrete has become degraded and does not allow for proper cleaning and
disinfecting. I concur with the findings report and I have directed the Director
of Buildings and Properties and the Chief Animal Control Officer to develop
specifications and start the procurement process to correct this deficiency.
In brief, this will require grinding down the concrete floors to remove cracks
and crevices, sealing the concrete and applying epoxy that meets the standards
of today's regulations. It will be necessary to install 6 inch block,
approximately 6 foot high between each cubicle, to provide individual
separation between each cubicle with a chain link cover across the top. The 6
inch block walls will also have to be sealed and epoxy applied very similar to
the floor.
I will be requesting $30,000 be transferred for the purpose of moving this project forward. If
you should have any questions regarding this matter or need additional information, please do
not hesitate to contact me.
OSH /kp
Attachment
Cc: Kim Van Der Hyde, Director of Finance
Pete Boswell, Chief Animal Control Officer
Darrell Dalton, Director of Buildings and Properties
P73
lr i C
COMMONWEALTH of VIRGINJ
Department of Agriculture and Consumer Services
Atatthew.1. Lahr Division of Animal & Food Industry Services
fimmeecarurnr
Office of Animal Care and Health Policy
P.U. Box 1163, Richmond, Virginia 23218
Thaw 004'7x6:2-081 . I a0 xul 171.21X0 • Ilmrmc hnpnnnt xl8r820 -1121.
"...' 6" , rrpmrx y ..
LETTER OF NOTIFICATION
July 22. 2014
To: Clarence Monday, County Administrator
Pittsylvan is County
P.O. Box 426
Chatham, VA 24531
On April 17, 2014, 1 inspected the Pittsyl anin County Animal Pound. This was a routine inspection to evaluate
compliance with the Virginia Comprehensive Animal Care laws, as well as pursuant regulations and directives.
Please find attached a copy of the Animal Facilily Inspection Report, which itemizes the specific elements
included in this inspection. Copies of the inspection forms were also left on site at the conclusion of the inspection.
The result of this inspection is as follows:
❑ There were no significant findings of noncompliance. A response to this report is not required.
IM Significant findings of noncompliance were noted on inspection. Failure to correct the deficiencies
may result in referral of this case for enforcement action. Specific items that must be corrected include:
• 3.2-6557 and 3.2 -3546: The animal custody records arc not all completed to include notation whether or not
the specified idrmtifiers of potential ownership were appearing on each animal.
• 2VAC 5-11040: There were small dogs confined in enclosures that do not protect from escape and /or
injury due to wide gaps. Appropriate cages were on premises outside of the facility, but not in use for currently
conftaed dogs.
There were critical repeat findings of significant noncompliance. This case has been referred for
enforcement action and possible assessment of civil penal ties. You will be contacted by the State
Veterinarian's Representative handling your case.
• 2VAC 5-110-40: The floor and wall surfaces do not permit proper disinfection. The surfaces are rough,
porous, rusted, corroded. cracked, and chipped due to age, wear- and deterioration. This is the P lih consecutive
citation of this violation.
If you have any questions, I can be reached at 804- 786 -2483 or by email at Shea Het bawdaes.vi%jtii t god .
.. . idly,
Sherry Helsel. LVT
Animal Pound R Shelter Inspector
-Equal Opportunity Employer.
P74
Mr. Clarence Monday
Pittsylvania County Administrator
P.O. Box 426
Chatham, VA 24531
405 R &L Smith Drive • Danville, Virginia 24540 -9805
P.O. Box 209 - Blairs, Virginia 24527
Phone: 434.836 -7135 • Fax: 434- 836 -7139
Website: posa.co
August 4, 2014
RE: Sewer and Water Extension — Blairs
Dear Mr. Monday:
Per request from Coy Harville, we have completed a cost estimate to extend water and sewer to the cast
side of Highway 29 from existing facilities in the vicinity of Toy Lane.
The sewer and water extensions are estimated to cost $113,000 and $62,000 respectively. Both
extensions will require boring under Highway 29 which is a significant portion of both costs.
If the Board approves funding for these extensions, we suggest allocating a total of $185,000 to allow
for contingencies. I understand $80,000 was allocated for this project at the May Board of Supervisors
meeting leaving a needed balance of $105,000.
If you have any questions or need additional information, please do not hesitate to contact me.
Sincer
jis coc Ad
Director
cc: Coy Harville
Otis Hawker
Commissioners:
William L. Estes • Willie T. Fitzgerald • Bobby G. Atkinson
Coy E. Harville • Calvin D. Doss • Hershel M. Stone • Elton W. Blackstock
P75
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation of Additional State Funds -
(Commissioner of Revenue)- Requires a roll call vote
SUBJECT/PROPOSAL/REQUEST:
Request Budget Amendment and Appropriation of
additional state revenue to part-time salaries
STAFF CONTACT(S):
Monday. Van Der Hvde
AGENDA DATE:
8 -19 -14
ACTION:
Yes
INFORMATION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
12
INFORMATION:
BACKGROUND:
The Commissioner of Revenue has three deputy clerks who have been certified through the state
Commissioner of Revenue program. When deputies become certified, they are eligible for a 9.3% increase in
pay. The Compensation Board was unable to fund the increase when these three deputies became certified so
the Commissioner decided to fund the increase by using part-time salary monies resulting in minimal funding
for part-time help.
DISCUSSION:
The State Compensation Board approved funding two of these certification increases in the 2014 -2015
budget. This additional state revenue was not budgeted originally and the County was not notified of this
increase until June 2014. This approval results in an increase in state revenues for the Commissioner of
Revenue in the amount of $4,764.00. Attached is a letter from the Commissioner of Revenue, Sam Swanson
requesting that these funds be appropriated back to his part-time salary line item.
RECOMMENDATION:
Staff recommends that the Board of Supervisors appropriate an additional $4,764.00 to the Commissioner of
Revenue's part-time salary line item (100 -4- 012310 -1300) due to an increase in state revenues for his office.
THIS ITEM WILL REQUIRE A ROLL CALL VOTE.
P76
Samuel W. "Sam" Swanson, Jr.
Commissioner
August 12, 2014
Ms. Kim VanDerHyde
Finance Director
Pittsylvania County
Chatham, VA 24531
OFFICE OF
COMMISSIONER OF THE REVENUE
RE: APPROPRIATION REQUEST
Dear Kim:
PITTSYLVANIACOUNTY
P. O. BOX 272
CHATHAM, VIRGINIA 24531
(434)432 -7940
(434)656 -6211
FAX(434)432-7957
sam.swanson@pittgov.org
Upon review of the 2014 -2015 Compensation Board Budget for the Commissioner of the
Revenue Office, certification monies were approved for two of my deputies, Shirley Hammock
and Robin Goard in the amount of $6,661.00.
At the time of their certification, I requested to use part time monies to compensate them for
completing the program and reduced the amount of part time monies by this amount for our
office.
I am requesting to restore the amount of $6,661.00 of which $4,764.00 will be state funded to
my part time money line item. In addition I would like to carry over an additional $3,000.00 in
unused funds from the 2013 -2014 fiscal year budget to part time monies.
Thank you in advance for your consideration and approval of this request.
Regards,
r !
Samuel W. Swanson, Jr.
Commissioner of the Revenue
SWS /syh
P77
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Approval of Highway Safety Grant
SUBJECT/PROPOSAL/REOUEST:
Selective Enforcement Grant — Alcohol
STAFF CONTACT(S):
Mr. Monday, Mrs. Mills, Sheriff Taylor
BACKGROUND:
AGENDA DATE:
08/19/2014
ACTION•
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
13
INFORMATION:
INFORMATION:
The Department of Motor Vehicles has notified Pittsylvania County that our grant proposal for Selective
Enforcement — Alcohol has been approved for pass - through grant funding from the National Highway Safety
Administration for Federal Fiscal Year (FFY) 2015. The grant award includes $27,800 in federal funds and
$13,900 local cash match for a total of $41,700.
The grant period is FFY October 1, 2014 — September 30, 2015. Grant funds not spent by June 30, 2015 will
be carried over to FY 2015 -16.
DISCUSSION:
Request that the Board accept this grant. The required local match of $13,900 will come from the Sheriff's
Department budget line 100 -4- 031200- 600800 Fuels- Vehicles.
Staff recommends that the Board accept this grant award in the amount of $27,800.00 for the Selective
Enforcement Grant — Alcohol and authorize the County Administrator to sign all necessary documents.
P78
COMMONWEALTH of VIRGINIA
Richard Holcomb West Post Office Box 27412
Commissioner 2300 Wet Broad Street of Motor Vehicles Richmond, VA 23269 -0001
August 11, 2014
Mr. Michael Taylor
Sheriff
Pittsylvania County
21 North Main Street, P. O. Box 426
Chatham, VA 24531
Dear Mr. Taylor:
Safety has been and will continue to be a high priority in Virginia's overall transportation system. The McAuliffe
administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -
modal transportation system.
I am pleased to inform you that the highway safety project proposal(s) listed below has been approved for pass- through
grant funding from the National Highway Traffic Safety Administration for Federal Fiscal Year (FFY) 2015.
Program Project ID# - CFDA# Project Title Amount Approved
K8 -2015- 55228 -5967- 20.601 Selective Enforcement - Alcohol 827,800.00
The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal
contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal
funds to the Commonwealth. Your assigned program manager will be contacting you to provide the dates and locations for
this mandatory training.
You will receive the project agreement(s), scope of work, special conditions, and project budget during the training
session. As the recipient of a FFY 2015 grant award, it is important that you read and follow the information carefully. If
you have any questions regarding the conditions, please contact the program manager assigned to your grant.
Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact
that your project will have on making our roadways safer.
Sincerely,
Richard D. Holcomb
RDH/sb
Program Manager: Steven Williams
Phone: (804)497 -7100 TDD: 1- 800 - 272 -9268 Website: www.dmvNOW.com
P79
��mrNwww.dmv OW.com
Virginia Department of Motor Vehicles
Post Office Box 27412
Richmond, Virginia 23269 -0001
Purpose: Virginia's Highway Safety Program Sub Grantees use this form to certify and assure that they will fully
comply with all terms of the Highway Safety Grant Agreement.
Instructions: Sub Grantees must read the contract, complete all applicable information on the first page, initial the
subsequent pages, and return all pages to the Department of Motor Vehicles.
This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter
"Department "), 2300 West Broad Street, Richmond, Virginia 23220, and the following:
Sub Grantee: Pittsylvania County
Project Title: Selective Enforcement - Alcohol
Project Number /CFDA Number: K8 -2015 - 55228-5967-20.601
Grant Award Amount $27,800.00
Source of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety
Administration
Period of Performance for this project From October 1, 2014, or the date the Highway Safety Grant Agreement is
(hereinafter "Grant Period "): signed by the Director, Virginia Highway Safety Office (whichever is later)
through September 30, 2015. Allow 21 days for the Department to complete
its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE
NOVEMBER 5, 2015.
In performing its responsibilities under this Highway Safety Grant Agreement, the Sub Grantee certifies and assures that it
will fully comply with the following:
• Applicable Department regulations and policies and state and federal laws, regulations, and policies
• Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant
Agreement
• General Terms and Conditions, also included with this Highway Safety Grant Agreement
Sub Grantee's signature below indicates that the Sub Grantee has read, understands and agrees to fully comply with all
terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement
(hereinafter "Grant Agreement "), consisting of this certification; the attached Statement of Work and Special Conditions;
the attached General Terms and Conditions; the attached Project Budget; the Sub Grantee's proposal; and the letter
awarding the grant to the Sub Grantee constitutes the entire agreement between the Department and the Sub Grantee,
supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement
as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over
another: (1) applicable Department regulations and policies, except where superseded by federal laws, regulations, or
policies (2) applicable state laws, regulations, and policies, except where superseded by federal laws, regulations, or
policies; (3) applicable federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General
Terms and Conditions; (6) Project Budget; (7) Sub Grantee's proposal; and (8) grant award letter.
SIGNATURES OF AUTHORIZED APPROVING OFFICIALS
For Sub Grantee:
For Virginia Department of Motor Vehicles:
John Saunders
Name and Title of Project Director (print) Director, Virginia Highway Safety Office (print)
Signature Date
Clarence C. Monday, County Administrator
Name and Title of Authorized Approving Official (print)
Sub Grantee's DUNS Number 07- 474 -4467
Does your locality /legal entity expend $500,000 or more annually in
total federal funds? (check one) a Yes _No
Signature Date
Signature Date
P80
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P81
Sub Grantee Name:
Project #:
STATEMENT OF WORK AND SPECIAL CONDITIONS
TSS 012A -AL (07101/2014)
Page 3
1. Goals and Specific Program Elements. The goals and specific program elements of the sub grantee's proposal
are incorporated as the first item in this Statement of Work and Special Conditions.
a. List Specific Program Elements:
For October 1, 2014 through December 31, 2014
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated _ number of saturation patrols
For January 1, 2015 through March 31, 2015
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated _ number of saturation patrols
For April 1, 2015 through June 30, 2015
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturation patrols
July 1, 2015 through September 30, 2015
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturation patrols
Project Director
Initial
P82
Date
TSS 012A -AL (07/01/2014)
Page 3A
Sub Grantee Name: Project #:
Goals and Speck Program Elements, continued
b. To conduct a minimum of_ checkpoints and /or saturation patrols for the Click It or Ticket
Mobilization in May 2015.
C. To conduct a minimum of —checkpoints and /or saturation patrols for the Checkpoint Strike Force
Campaign.
d. To have —number of sworn officers attend number DMV approved traffic safety - related training
events (e.g. ACTS, NHTSA Safety Summit, Field Sobriety Testing).
e. Increase from number of radar units inactive use from _ to — (If approved, all units must be
ordered by December 31, 2014 and put in service by March 31, 2015).
f. Increase from number of breath testing units in active use from to . (If approved, all units must
be ordered by December 31, 2014 and put in service by March 31, 2015).
2. The sub grantee must contribute to the overall State Highway Safety Plan goals:
ALCOHOL
GOAL: To decrease alcohol impaired driving fatalities 10 percent from the 2012 calendar base year of 211
to 189 by December 31, 2015.
• Must participate in Checkpoint Strike Force (CPSF) /Drive Sober or Get Pulled Over (DSOGPO) activities.
• Sub grantees must submit Checkpoint Strike Force (CPSFNDrive Sober or Get Pulled Over (DSOGPO)
selective enforcement data electronically through TREDS (Traffic Records Electronic Data System).
• BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local
crash information):
percent of alcohol selective enforcement activities are to be conducted
between the hours of
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may be scheduled during other
approved identified high -crash time periods.
• Enforcement is to be conducted using data - identified problem locations.
• Grant - funded equipment must be ordered by December 31, 2014, and put in service by March 31, 2015.
• All sub grantees must submit a completed monitoring report (TSS 14 -A) to their DMV Program Manager
by specific assigned dates.
• Sub grantees must attend all mandatory DMV grant - related trainings.
Zero tolerance (no warnings) for violators during grant - funded overtime.
Project Director
Initial Date
P83
REPORTS FROM
MEMBERS
P84
REPORTS FROM
LEGAL COUNSEL
P85
REPORTS FROM
COUNTY
ADMINISTRATOR
P86
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Update on Planning Commission recommendations
08/19/2014
14
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
Information only
Joint Setback Subcommittee Study
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
ATTACHMENTS:
Mr. Monday
Yes
REVIEWED BY:
BACKGROUND:
At their regular meeting on May 5, 2014, the Board of Supervisors agreed by majority vote to forward the
Joint Setback Subcommittee Study to the Planning Commission for further review and suggestions.
Following the action taken by the Board, staff forwarded the Board's recommendations to the Planning
Commission on May 6, 2014. (Attachments from May 5 and Apri122, 2014 BOS Meetings).
DISCUSSION:
The County Administrator's office was notified on August 7, 2014 (See attached documents) that the matter
was considered by the Planning Commission and hereby forwarded back to the Board of Supervisors with no
action by the Planning Commission. This information is provided to the Board of Supervisors only to convey
the latest information from the Planning Commission.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their information only.
P87
PITTSYLVANIA COUNTY
Department of Code Compliance
P.O. Drawer D
Chatham, Virginia 24531
Odie H. Shelton, Jr., Director
VIRGINIA
i
a
* 1767 /
MEMORANDUM
TO: Cllarence MCounty Administrator
a l
FROM: Odie H. Shelton, Jr., Director of Code Compliance
DATE: August 7, 2014
Phone Numbers:
Inspections (434) 432 -7755
Zoning (434) 432 -7751
Fax (434) 432 -7919
Gretna /Hurt (434) 656 -6211
SUBJECT: Recommendations from the Joint Setback Study Subcommittee
At the Pittsylvania County Planning Commission meeting held on Tuesday, August 5,
2014, a discussion was held regarding the proposed new zoning classification RR -A.
A motion was made by Mr. Motley, seconded by Mr. Stowe, to recommend the proposed
new zoning classification RR -A and two (2) additional amendments be forwarded to the
Board of Supervisors with no action taken by the Planning Commission. Motion passed
unanimously.
Should you have any questions regarding this matter, please feel free to contact me at any
time.
OHS, Jr. /khb
C: J. Vaden Hunt, County Attorney
Greg Sides, Assistant County Administrator
P88
Regular Meeting
May 5, 2014
WHEREAS, the names of these dedicated public servants are engraved on the walls of
the National Law Enforcement Officers Memorial in Washington, D.C.; and
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place
this year on May 11 -17;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all
fallen officers and their families and U.S. flags should be flown at half - staff,
THEREFORE, BE IT RESOLVED that Pittsylvania County Board of Supervisors
designates May 11 -17, 2014, as Police Week in Pittsylvania County and publicly salutes the
service of law enforcement officers in our community and in communities across the nation.
FURTHERMORE, the Board of Supervisors calls upon all citizens of Pittsylvania
County to observe Tuesday, May 13, 2014 as Peace Officers Memorial Day in Pittsylvania
County in honor of those peace officers who, through their courageous deeds, have lost their
lives or have become disabled in the performance of duty.
Presentations
Jenny Lee Sanders, Registrar for Pittsylvania County, answered questions the Board of
Supervisors had concerning the Registrar's Office selling old curb side voting machines to
Campbell County and the City of Danville. Ms. Sanders explained they were machines that were
being phased out and those 2 localities were going to use them through this year's elections, and
paid $100 for each machine; 17machines going to Campbell County and 13 going to the City of
Danville, for a total of $3,000 paid to Pittsylvania County. While Ms. Sanders was present, the
Board of Supervisors also discussed the Registrar's request to donate surplus computer
equipment to Goodwill. These were computers that were no longer being used and all
information contained on them had already been removed by the IT Department. Motion was
made by Mr. Harville, Seconded by Mr. Blackstock, to authorize the donation of the surplus
computers to Goodwill, which was unanimously approved by the Board.
Unfinished Business
At their adjourned meeting on April 22, 2014 a Motion was made by Mr. Harville,
Seconded by Mr, Barber, to send the recommendations submitted by the Joint Setback Study
Subcommittee to the Planning Commission for their review. Mr. Hagerman stated the Board had
just received the recommendations right before the Board meeting started and made a Substitute
Motion, Seconded by Mr. Blackstock, to table the issue until the May 5, 2014 Board of
Supervisors meeting in order for the Board members to have time to review the
recommendations. At the April 22 meeting, the Board voted 6 -0 to approve Mr. Hagerman's
Substitute Motion, with Mr. Harville abstaining from voting and now the committee's
recommendations were back before the Board for their consideration. Motion came from Mr.
Harville, Seconded by Mr. Blackstock, to forward the study to the Planning Commission for
further review and suggestions. The Board of Supervisors agreed by a 6 -1 majority vote, with
Mr. Hagerman in opposition, to forward the study to the Planning Commission, but expected
there to be improvements made on the recommendations.
P89
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Recommendations from Joint Setback Study 05 -05 -2014
Subcommittee
ACTION:
Yes
SUBJECT /PROPOSAL/REOUEST: CONSENT AGENDA:
Recommendations from committee I ACTION:
STAFF CONTACT(S): I ATTACHMENTS:
H
Mr. awker Yes
BACKGROUND:
ITEM NUMBER:
7
INFORMATION:
INFORMATION:
l-1
DISCUSSION:
The Joint Setback Study Subcommittee met on April 21, 2014. (Attached hereto are the recommendations
frorn that committee to the Board of Supervisors). At the Board of Supervisors Adjourned Meeting on
'Tuesday, April 22, 2014, the Board voted to postpone discussion of this time until they had been given time
to review the subcommittee's recommendations.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration.
PSI
P90
,Adjourned Meeting
April 22, 2014
Motion was made by Mr. Barber, seconded by Mr. Snead, to award the Brosville Industrial
Park Grading Project for Lots 7 & 9 to Haymes Brothers, Inc. in the amount of $1,150,000.00 and
authorize the Interim County Administrator to sign all necessary documentation, noting the funds
were already budgeted for this project. Mr. Barber's motion was unanimously approved by the
Board.
Motion was made by Ms. Bowman, seconded by Mr. Snead, to ratify the sale of 13 voting
units at a cost of $100 each to the City of Danville and authorize the Finance Department to bill the
City of Danville $1300 for this equipment, which was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Blackstock, to: 1) Authorize the
establishment of the Pittsylvania County Youth Commission; (2) Authorize Mrs. Bowman to apply
for a "Make It Happen" grant through the Danville Regional Foundation, which exists to engage
more people and organizations in the transformation of the Dan River Region, by becoming
involved in making this a community of "bright spots and success stories" ; and (3) Authorize the
Interim County Administrator to sign any documentation necessary concerning the "Make It
Happen" grant. Mr. Harville's motion was unanimously approved by the Board.
Items Added
Motion was made by Ms. Bowman, seconded by Mr. Harville, to submit the Barn
Preservation Program as an entry for the VACo Achievement Awards competition in the
"Environmental" category, with Ms. Sonja Ingram of Preservation Virginia helping with the
submission, which was unanimously approved by the Board.
Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to appoint Mr. Hagerman
as Pittsylvania County's Alternate member to the Regional Industrial Facilities Authority (RIFA)
to serve out the seat left vacant by Ms. Bowman's resignation. Mr. Hagerman's term would from
April 22, 2014 through January 5, 2018.
Motion was made by Mr. Harville, seconded by Mr. Barber, to send the recommendations
submitted by the Joint Setback Study Subcommittee to the Planning Commission for their review.
Mr. Hagerman stated the Board had just received the recommendations right before the Board
meeting started and made a Substitute Motion, seconded by Mr. Blackstock, to table the issue until
the May 5, 2014 Board of Supervisors meeting in order for the Board members to have time to
review the recommendations. The Board voted 6 -0 to approve Mr. Hagerman's Substitute Motion,
with Mr. Harville abstaining from voting.
Board Announcements
Mr. Harville reminded the Board to submit any additions they may have for the Rural
Rustic Roads Program to Mr. Hawker for the May 5, 2014 Board of Supervisors meeting, noting
that if nothing is added at that meeting, noting the VDOT public hearing in Lynchburg is May 15,
2014 at 6:OOpm for additions to the VDOT FY 2015/2020 Six -Year Plan. Mr. Harville also asked
that a Letter of Appreciation be sent to the J.T. Minnie Maude thanking them for their recreation
grants.
Mr. Snead reminded the Board of the Danville - Pittsylvania Chamber of Commerce's
Annual Awards Dinner at 5:45pm on May 12, 2014 and to let the Chamber know by May 6, 2014
if they plan to attend in order to receive their tickets. Mr. Snead also requested that the
Pittsylvania County Registrar attend the Board's next meeting on May 5, 2014 at 7:OOpm to
answer questions the Board has concerning surplus voting equipment.
P91
PITTSYLVANIA COUNTY
Board of Supervisors
EXECU'T'IVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
Recommendations from Joint Setback
Study
04 -22 -2014
Subcommittee
ACTION:
Yes
SUBJECT/PROPOSAU/REOUEST:
CONSENT AGENDA:
Recommendations from committee
ACTION:
STAFF CONTACT(S): I ATTACHMENTS:
Mr. Hawker Yes
BACKGROUND:
ITEM NUMBER:
4(e)
INFORMATION:
INFORMATION:
DISCUSSION:
The Joint Setback Study Subcommittee met on April 21, 2014. Attached hereto are the recommendations
from that committee to the Board of Supervisors.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration.
P52
P92
I
LL
���� i
Pittsylvania County Board of
SapervisorslPlanning► Commission
Joint Setback Subcommittee
Proposed New Zoning Classification (RR -A) & Subsequent
Zoninq Amendments to A -1 & C -1 Bullet Points
Proposed New Zoning Classification RR -A
RR -A is a zoning classification for residential dwellings in traditionally agricultural areas
Front yard setbacks shall be a minimum of 100 feet from lot line
Side yard setbacks shall be a minimum of 150 feet
Rear yard setbacks shall be a minimum of 150 feet
Minimum lot size shall be 2.5 acres
c Wells shall be located a minimum of 100 feet from property lines
v Clustering of lots will be permitted with the following provisions:
o Minimum exterior lot size is 1.75 acres
o Minimum interior lot size is 0.75 acres
o Setbacks as outlined above exist for the exterior sides of exterior lots
o Setbacks for interior sides and interior lots shall be a minimum of 50 feet
o Wells shall be located a minimum of 100 feet from property lines
All new plats and deeds in RR -A shall include a general description of customary
production agriculture activities
Land adjoining or severed from A -1 to be rezoned for residential dwellings shall be
rezoned RR -A
Proposed Amendments to A -1 & C -1
v Residential dwelling sections and language shall be removed from A -1 and C -1
• Subsequent setbacks and lot sizes would need to be removed in order to add RR -A
E All existing A -1 and C -1 lots with dwellings shall be grandfathered
P 5 3
P93
Rural Residential — Agriculture (RR -A)
A. Statement of intent. This district is intended to allow rural residences in areas where agricultural and
other low- intensity uses predominate, but where low- density residential lots can be created. Uses
not consistent with the existing character of this district are not permitted. As rural residential
housing is not permitted in A -1 and C -1, this zoning classification has been established to allow
those landowners who desire to live in a rural setting the right to do so. Any land severed from an
A -1 parcel or adjoining an A -1 parcel that is to be re -zoned for residential use, shall abide by the
code established herein for residential buildings and shall be re -zoned to RR -A.
a) Furthermore, "It is advised that these residential building lots are located in an agricultural area.
Agriculture is the primary economic activity surrounding this zoning district. Owners, residents,
and other users of property may be subjected to inconvenience or discomfort arising from
agricultural operations even though conducted in accordance with best management practices
and /or in accordance with existing laws and regulations of the Commonwealth and the County.
Such agricultural operations may generate noise, odors, and dust; may involve the operation of
machinery, including aircraft, during any portion of a 24 hour day; and may involve the storage
and disposal of manure or biosolids, and the application of fertilizer, soil amendments, and
pesticides /herbicides. Owners, occupants, and users of land should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an agricultural zoning
district in a county with a strong rural character and an active agriculture sector."
b) The wording in Sub- section A. a) shall be printed on all preliminary and recorded plats,
presented to property owners who request a zoning classification change from A -1 to RR -A for
the expressed purpose of building a rural residential dwelling, and /or provided to mortgagees in
loan closing packets.
B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the
following uses:
a) Uses permitted by right:
i) Single- family detached dwellings.
ii) Manufactured houses on permanent foundations.
iii) Neighborhood parks and playgrounds.
iv) lines, poles and pipes to provide electric, gas, telephone, water or sewer service to
structures located on properties adjacent to said facilities.
v) Recreational vehicle, provided that the recreational vehicle is on the property no more than
30 consecutive days and is removed from the property for at least 14 consecutive days each
time it is removed.
vi) Open space developments.
b) Permitted accessory uses:
(a) Off - street parking.
(b) Customary accessory uses and structures.
(c) Home occupation.
(d) Home business.
C. Area regulations. The minimum lot area shall be 2.5 acres.
P54
P94
D. Yard regulations.
a) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be
known as the "setback line."
b) Side yard. Each side yard for each main structure shall be a minimum of 150 feet. No accessory
building shall be located closer than 150 feet to any side property boundary line.
c) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings
may be built to within 30 feet of the rear property line.
d) Lots adjoining an A -1 zoning district. No residential structure shall be constructed closer than
150 feet to any A -1 adjacent zoned property line. Wells shall be located 100 feet from any A -1
adjacent zoned property lines unless the adjacent landowner agrees to such through their
signature on a recordable waiver.
e) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer
than 150 feet to an adjacent property line if that property is an industrialized zoned district or
contains an industrial use.
E. Clustering of Residences. A landowner who properly rezones their A -1 property to RR -A may
develop their property for multiple residences as long as the lots adjoining A -1 property maintain
the following criteria:
a) Minimum lot size of 1.75 acres
b) Residential setback of 150 feet on whichever side(s) touch A -1 zoned property and 100 feet on
the front from a public road; interior residential yardage setbacks, not adjoining A -1, may be
reduced to a 50 feet setback
c) Any residences located to the interior of a residential cluster may reduce the minimum lot size
to .75 acres and maintain a minimum of 50 feet for the front, rear, and side yardage setbacks
F. Building Coverage. The maximum building coverage on a lot shall be 30%.
P55
P95
JOINT SETBACK SUBCOMMITTEE
APRIL 21, 2014
OPTION 1- PROPOSED NEW ZONING CLASSIFICATION RR -A
ADDITION OF TWO (2) AMENDMENTS TO THE EXISTING PROPOSAL:
EXISTING A -1 PARCELS SHALL HAVE THE ABILITY TO BUILD UP TO TWO (2) DWELLINGS ON SAID PARCEL
SUBJECT TO RR -A SETBACKS.
WELLS ON THE EXTERIOR LOTS SHALL BE LOCATED A MINIMUM OF 100 FEET FROM EXTERIOR
PROPERTY LINES.
A MOTION WAS MADE BY MR. HARVILLE, SECONDED BY MR. CLARK, THAT THE TWO (2) AMENDMENTS
BE ACCEPTED AS READ AND RECORDED IN THE MINUTES, BE REFERRED TO THE BOARD OF
SUPERVISORS, THEN TO THE COUNTY ATTORNEY FOR HIS REVIEW, THEN REFERRED BACK TO THE
BOARD OF SUPERVISORS FOR THEIR APPROVAL, THEN FORWARDED TO THE PLANNING COMMISSION
FOR FURTHER STUDY.
THE MOTION WAS PASSED BY A 6 TO 2 VOTE. THOSE VOTING IN FAVOR OF THE MOTION WERE AS
FOLLOWS: MR. HARVILLE, MR. CLARK, MR. WINN, MR. JEFFERSON, MR. ANDERSON AND MR. MOTLEY.
THOSE VOTING IN OPPOSITION TO THE MOTION WERE AS FOLLOWS: MR. BLACKSTOCK AND MR.
ARTHUR.
P56
P96
e
t
PITTSYLVANIA COUNTY
AGRICULTURE
DEVELOPMENT BOARD
August I, 2014
To: Mr. Morris Stowe, Pittsylvania County Planning Commission, Chairman
Re: Potential Inclusion of RR -A zoning ordinance (i.e. Residential Setbacks and lot sizes)
Dear Chairman Stowe:
As you are well aware, the Agriculture Development Board (ADB) has been engaged in an ongoing
process to review, revise, amend, and draft zoning ordinance(s) relating to rural residential setbacks and
lot sizes. A special committee consisting of Board of Supervisor members, Planning Commission
members, representatives from the residential development community and the agricultural sector have
drafted and approved a potential new zoning code to address rural residential setbacks and rural
residential lot size minimums. This potential zoning code has been submitted to the full Planning
Commission for consideration.
To date, there has been no action taken regarding this potential additional zoning code section. The ADB
requests that the Planning Commission include the deliberation of this zoning code section on their next
board agenda. If the Planning Commission does not intend to act on this opportunity, the ADB requests
that this item be submitted to the Board of Supervisors indicating that no action has been taken.
Pittsylvania County is rural in nature. Farming is a way of life for many of our constituents. This zoning
code is imperative to bridge the gap between securing a sound future for agriculture and providing a
pleasant rural residential experience for those that wish to live in the country.
Should you have any questions regarding this request, please feel free to contact me. Thank you in
advance for considering this opportunity.
Respectfully, ( )
George Winn
Pittsylvania County Agriculture Development Board Chairman
434.489.4458
cc: Pittsylvania County Planning Commission members
P97
Otis S. Hawker
Interim County Administrator
P.O. Box 426
Chatham, Virginia 24531
otis.hawker @pittgov.org
PITTSYLV'ANIA COUNTY
VIRGINIA
o�
Memorandum
1 Center Street, Chatham, Virginia
Phone (434) 432 -7710
Fax (434) 432 -7714
Website: BMML ittQoc,oM
To: Morris Stowe, Chairman, Pittsylvania County Planning Commission
Greg L. Sides, Assistant County Administrator for Planning & Develop nt
From: Otis S. Hawker, Interim County Administrator -1
Date: May 6, 2014
Subject: Recommendations from the Joint Setback Study Subcommittee
At their regular meeting on Monday, May 5, 2014, the Board of Supervisors voted to send
the attached recommendations from the Joint Setback Study Subcommittee to the Pittsylvania
County Planning Commission for a comprehensive review and once reviewed forward
recommendations back to the Board of Supervisors from the Planning Commission.
If you should have any questions concerning this memorandum, do not hesitate to contact
my office.
OSH /rf
Cc: Honorable Members of the Pittsylvania County Board of Supervisors
Honorable Members of the Pittsylvania County Planning Commission
Odie L. Shelton, Director of Code Compliance
J. Vaden Hunt, Esq., County Attorney
P98
-` Pittsylvan a County Board of
I , Supervisors /Planning Commission
µ o joint Setback Subcommittee
)J61
Proposed New Zoning Classification (RR -A) & Subsequent
Zoning Amendments to A -1 & C -1 Bullet Points
Proposed New Zoning Classification RR -A
• RR -A is a zoning classification for residential dwellings in traditionally agricultural areas
• Front yard setbacks shall be a minimum of 100 feet from lot line
• Side yard setbacks shall be a minimum of 150 feet
• Rear yard setbacks shall be a minimum of 150 feet
• Minimum lot size shall be 2.5 acres
F Wells shall be located a minimum of 100 feet from property lines
e Clustering of lots will be permitted with the following provisions:
o Minimum exterior lot size is 1.75 acres
o Minimum interior lot size is 0.75 acres
• Setbacks as outlined above exist for the exterior sides of exterior lots
• Setbacks for interior sides and interior lots shall be a minimum of 50 feet
• Wells shall be located a minimum of 100 feet from property lines
e All new plats and deeds in RR -A shall include a general description of customary
production agriculture activities
E Land adjoining or severed from A -1 to be rezoned for residential dwellings shall be
rezoned RR -A
Proposed Amendments to A -1 & C -1
E Residential dwelling sections and language shall be removed from A -1 and C -1
Subsequent setbacks and lot sizes would need to be removed in order to add RR -A
All existing A -1 and C -1 lots with dwellings shall be grandfathered
P99
Rural Residential — Agriculture (RR -A)
Proposed Wording
A. Statement of intent. This district is intended to allow rural residences in areas where agricultural and
other low- intensity uses predominate, but where low- density residential lots can be created. Uses
not consistent with the existing character of this district are not permitted. As rural residential
housing is not permitted in A -1 and C -1, this zoning classification has been established to allow
those landowners who desire to live in a rural setting the right to do so. Any land severed from an
A -1 parcel or adjoining an A -1 parcel that is to be re -zoned for residential use, shall abide by the
code established herein for residential buildings and shall be re -zoned to RR -A.
a) Furthermore, "It is advised that these residential building lots are located in an agricultural area.
Agriculture is the primary economic activity surrounding this zoning district. Owners, residents,
and other users of property may be subjected to inconvenience or discomfort arising from
agricultural operations even though conducted in accordance with best management practices
and /or in accordance with existing taws and regulations of the Commonwealth and the County.
Such agricultural operations may generate noise, odors, and dust; may involve the operation of
machinery, including aircraft, during any portion of a 24 hour day; and may involve the storage
and disposal of manure or biosolids, and the application of fertilizer, soil amendments, and
pesticides /herbicides. Owners, occupants, and users of land should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an agricultural zoning
district in a county with a strong rural character and an active agriculture sector."
b) The wording in Sub- section A. a) shall be printed on all preliminary and recorded plats,
presented to property owners who request a zoning classification change from A -1 to RR -A for
the expressed purpose of building a rural residential dwelling, and /or provided to mortgagees in
loan closing packets.
B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the
following uses:
a) Uses permitted by right:
i) Single- family detached dwellings.
ii) Manufactured houses on permanent foundations.
iii) Neighborhood parks and playgrounds.
iv) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to
structures located on properties adjacent to said facilities.
v) Recreational vehicle, provided that the recreational vehicle is on the property no more than
30 consecutive days and is removed from the property for at least 14 consecutive days each
time it is removed.
vi) Open space developments.
b) Permitted accessory uses:
(a) Off - street parking.
(b) Customary accessory uses and structures.
(c) Home occupation.
(d) Home business.
C. Area regulations. The minimum lot area shall be 2.5 acres.
P100
D. Yard regulations.
a) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be
known as the "setback line."
b) Side yard. Each side yard for each main structure shall be a minimum of 150 feet. No accessory
building shall be located closer than 150 feet to any side property boundary line.
c) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings
may be built to within 30 feet of the rear property line.
d) Lots adjoining an A -1 zoning district. No residential structure shall be constructed closer than
150 feet to any A -1 adjacent zoned property line. Wells shall be located 100 feet from any A -1
adjacent zoned property lines unless the adjacent landowner agrees to such through their
signature on a recordable waiver.
e) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer
than 150 feet to an adjacent property line if that property is an industrialized zoned district or
contains an industrial use.
E. Clustering of Residences. A landowner who properly rezones their A -1 property to RR -A may
develop their property for multiple residences as long as the tots adjoining A -1 property maintain
the following criteria:
a) Minimum lot size of 1.75 acres
b) Residential setback of 150 feet on whichever side(s) touch A -1 zoned property and 100 feet on
the front from a public road; interior residential yardage setbacks, not adjoining A -1, may be
reduced to a 50 feet setback
c) Any residences located to the interior of a residential cluster may reduce the minimum lot size
to .75 acres and maintain a minimum of 50 feet for the front, rear, and side yardage setbacks
F. Building Coverage. The maximum building coverage on a lot shall be 30 %.
PtOt
JOINT SETBACK SUBCOMMITTEE
APRIL 21, 2014
OPTION 1- PROPOSED NEW ZONING CLASSIFICATION RR -A
ADDITION OF TWO (2) AMENDMENTS TO THE EXISTING PROPOSAL:
EXISTING A -1 PARCELS SHALL HAVE THE ABILITY TO BUILD UP TO TWO (2) DWELLINGS ON SAID
PARCEL SUBJECT TO RR -A SETBACKS.
WELLS ON THE EXTERIOR LOTS SHALL BE LOCATED A MINIMUM OF 100 FEET FROM EXTERIOR
PROPERTY LINES.
A MOTION WAS MADE BY MR. HARVILLE, SECONDED BY MR. CLARK, TO GO WITH OPTION #1 WITH
THE TWO (2) AMENDMENTS AND SEND THIS TO THE BOARD OF SUPERVISORS FOR THE COUNTY
ATTORNEY'S REVIEW AND FOR THE BOARD OF SUPERVISORS TO REFER TO THE PLANNING
COMMISSION FOR FURTHER STUDY.
THE MOTION WAS PASSED BY A 6 TO 2 VOTE. THOSE VOTING IN FAVOR OT THE MOTION WERE AS
FOLLOWS: MR. HARVILLE, MR. CLARK, MR. WINN, MR. JEFFERSON, MR. ANDERSON AND MR.
MOTLEY. THOSE VOTING IN OPPOSITION TO THE MOTION WERE AS FOLLOWS: MR. BLACKSTOCK
AND MR. ARTHUR.
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Rural Residential — Agriculture (RR -A)
Proposed Wording
A. Statement of intent. This district is intended to allow rural residences in areas where agricultural and
other low- intensity uses predominate, but where low- density residential lots can be created. Uses
not consistent with the existing character of this district are not permitted. As rural residential
housing is limited in A -1 and C -1, this zoning classification has been established to allow those
landowners who desire to live in a rural setting the right to do so. Any land severed from an A -1
parcel or adjoining an A -1 parcel that is to be re -zoned for residential use, shall abide by the code
established herein for residential buildings and shall be re -zoned to RR -A.
a) Furthermore, "It is advised that these residential building lots are located in an agricultural area.
Agriculture is the primary economic activity surrounding this zoning district. Owners, residents,
and other users of property may be subjected to inconvenience or discomfort arising from
agricultural operations even though conducted in accordance with best management practices
and /or in accordance with existing laws and regulations of the Commonwealth and the County.
Such agricultural operations may generate noise, odors, and dust; may involve the operation of
machinery, including aircraft, during any portion of a 24 hour day; and may involve the storage
and disposal of manure or biosolids, and the application of fertilizer, soil amendments, and
pesticides /herbicides. Owners, occupants, and users of land should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an agricultural zoning
district in a county with a strong rural character and an active agriculture sector."
b) The wording in Sub- section A. a) shall be printed on all preliminary and recorded plats,
presented to property owners who request a zoning classification change from A -1 to RR -A for
the expressed purpose of building a rural residential dwelling, and /or provided to mortgagees in
loan closing packets.
B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the
following uses:
a) Uses permitted by right:
i) Single- family detached dwellings.
ii) Manufactured houses on permanent foundations.
iii) Neighborhood parks and playgrounds.
iv) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to
structures located on properties adjacent to said facilities.
v) Recreational vehicle, provided that the recreational vehicle is on the property no more than
30 consecutive days and is removed from the property for at least 14 consecutive days each
time it is removed.
vi) Open space developments.
b) Permitted accessory uses:
(a) Off - street parking.
(b) Customary accessory uses and structures.
(c) Home occupation.
(d) Home business.
C. Area regulations. The minimum lot area shall be 2.5 acres.
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D. Yard regulations.
a) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be
known as the "setback line."
b) Side yard. Each side yard for each main structure shall be a minimum of 150 feet. No accessory
building shall be located closer than 150 feet to any side property boundary line.
c) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings
may be built to within 30 feet of the rear property line.
d) Lots adjoining an A -1 zoning district. No residential structure shall be constructed closer than
150 feet to any A -1 adjacent zoned property line. Wells shall be located 100 feet from any A -1
adjacent zoned property lines unless the adjacent landowner agrees to such through their
signature on a recordable waiver.
e) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer
than 150 feet to an adjacent property line if that property is an industrialized zoned district or
contains an industrial use.
E. Clustering of Residences. A landowner who properly rezones their A -1 property to RR -A may
develop their property for multiple residences as long as the lots adjoining A -1 property maintain
the following criteria:
a) Minimum lot size of 1.75 acres
b) Residential setback of 150 feet on whichever side(s) touch(es) A -1 zoned property and 100 feet
on the front from a public road; interior residential yardage setbacks, not adjoining A -1, may be
reduced to a 50 feet setback
c) Any residences located to the interior of a residential cluster may reduce the minimum lot size
to .75 acres and maintain a minimum of 50 feet for the front, rear, and side yardage setbacks
d) Wells on exterior lots shall be located 100 feet from any A -1 adjacent zoned property lines
unless the adjacent landowner agrees to such through their signature on a recordable waiver.
F. Building Coverage. The maximum building coverage on a lot shall be 30 %.
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Pittsylvania County Zoning Ordinance for A -1 & C -1
DIVISION 1. AGRICULTURAL DISTRICT, A -1
SEC. 35 -177. PURPOSE.
This district includes unincorporated portions of the County that are occupied by various open
uses such as farms, forests, lakes, reservoirs, streams, and park lands. This district is established
for the purpose of facilitating existing and future farming operations, preserving farm and forest
lands, conservation of agricultural, water and other natural resources, reducing soil erosion,
preventing water pollution, and protecting watersheds and reducing hazards from flood and fire.
It is expected that certain desirable rural areas of this rural district may logically develop
residentially, at low density. It is the intent, however, to discourage the random scattering of
residential, commercial, or industrial uses in this district. It should also be presumed that the
agricultural and forestry activities may produce some noise, odors and other effects and a certain
level of tolerance for these effects must be expected of those who would dwell in this district.
Special use permits will be employed to seek improved level of compatibility between uses.
SEC. 35 -178. PERMITTED USES.
Within the Agricultural District (A -1), the following uses are permitted.
accessory uses
agricultural warehouses
agriculture, farming
antique shop
assembly'halls
cemeteries, community and commercial
cemeteries for animals
cemeteries on joint church property
churches
colleges
conservation areas (public and private)
community center and building
County government uses such as waste collection, recycling, recreation, etc.
day care center, day nursery (licensed)
dormitories
forestry operations and management
garages, storage of personal vehicles
gardens, private
home occupations, Class A
home occupations, Class B
homes, single - family dwelling
homes, single - family dwelling with apartments on premises
intensive livestock, dairy, and poultry facilities (Amended February 18, 1997)
libraries
lodge halls
lodges
manses, church -owned dwelling unit
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manufactured homes and mobile homes, individual placed in (20,000) square foot or greater lot
nursery and greenhouse operations (Amended December 21, 1993)
off - street parking
piers, docks (private) for residences
playgrounds
portable and temporary sawmills and chipping mills
preserves, wildlife refuge (public)
primitive campgrounds
roads, streets, right -of -ways, easements
sales, service, and repairs of farm equipment, garden equipment, logging equipment
signs — See Sections 35- 95. -35 -101.
stable, commercial (riding)
stables, private
tenant farm
water system
wayside stands
wood storage
veterinary hospitals and clinics
SEC. 35 -179. SPECIAL USE PERMITS.
The following uses shall be permitted only by special use permit:
anaerobic digester (Amended September 8, 2009)
apartments in combination with business /upstairs over business
archery ranges
automobile graveyard
boat club
campground (private) See Regulations Section 35 -138.
campground (public) See Regulations Section 35 -138.
carnivals
circuses
clubs (private)
clubs (public)
convenience store
country club
country store
custom meat cutting operation
emergency service facilities -fire, rescue
fairs
feed and see processing mill
festivals (bluegrass and others) (Amended December 21, 1993
flea market
food and groceries
funeral homes and mortuaries
garages, commercial for: automobiles, recreation vehicles, motorcycles
general store
golf clubs, club houses
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golf courses
golf driving range
grain mill operations
heliports, airports
kennels
livestock market
milk stations
mining - conforming to State regulations
meat processing -not a slaughter house
motels, hotels, tourist, and resort facilities
non - emergency medical transport
parks, zoos, and petting zoos (Amended December 21, 1993)
permanent chipping mill
permanent planing mill
permanent sawmill
public facilities
public garages
public offices
public power generation
public storage yards
public substations
public utilities
public utilities- structures, towers
pulpwood storage and processing
quarrying - conforming to State regulations
raceway
radio & television stations
radio & television towers
radio & television transmission/transmitters
recreational facilities (private)
recreational facilities (public)
restaurants
rifle range, gun clubs, shooting ranges
sales, service, and repair of: automobiles, trucks, recreational vehicles, motorcycles
schools (public and private)
slaughter house
special temporary churches (Amended December 21, 1993)
summer camp
swim club
temporary uses- construction activity, including associated buildings
temporary uses - circuses, fairs, shows, carnivals, not more than four (4) weeks duration
turkey shoot
wood preserving
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SEC. 35 -180. AREA REGULATIONS.
A. Minimum Lot Size
Lots in this district shall have a minimum area of twenty thousand (20,000) square feet.
B. Maximum Percentage of Lot Coverage
1. Not regulated.
SEC. 35 -181. MAXIMUM HEIGHT OF BUILDINGS.
The maximum height on buildings in this district shall be forty (40) feet.
Belfries, cupolas, flues, flagpoles, television antennae, radio aerials, silos, and water tanks are
exempted.
Any building or structure shall be constructed, erected, installed, maintained and be of an
approved type in accordance with the provisions of the Virginia Uniform Statewide Building
Code as amended, and the Fire Prevention Code.
SEC. 35 -182. MINIMUM YARD DIMENSIONS.
A. Front Setback
The minimum front setback from the nearest point of house or principal structure (including
porches or stoops or any accessory buildings) to the centerline of the specified right -of -way shall
be equal to sixty (60) feet or thirty-five (35) feet from the edge of right -of -way whichever is
greater.
B. Side Setback
The minimum side setback, the distance from the side property line of a lot to the nearest point
on the house or principal structure (including porches, stoops, or accessory building) shall be ten
(10) percent of the road frontage distance with a minimum often ten (10) feet.
C. Rear Setback
The minimum rear setback, the distance from the rear property line of a lot to the nearest point
on the house or principal structure (including porches, stoops, or accessory building) shall be a
minimum of forty (40) feet. For property bordering Smith Mountain Lake and other lakes, one
hundred (100) acres of greater in size, the distance will be measured from the recognized full
pond level. Accessory structures up to eight hundred (800) square feet may be located in the rear
yard as long as they are is at least twelve (12) feet from the rear property line.
Walkways and steps are exempt from rear yard requirements.
D. Minimum Distance Between Main Buildings
For fire protection in low density, agricultural areas, it is required that principal structures be no
less then twenty (20) feet apart.
E. Corner Lots
The minimum side yard depth on the side facing the side street shall be thirty -five (35) feet or
more from the side building line to the right -of -way line for both main and accessory buildings.
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SEC. 35 -183. FLOOR AREA REQUIREMENTS.
Conventional lots not regulated.
SEC. 35 -184. MINIMUM OFF - STREET PARKING SPACE.
Two (2) off - street parking space shall be required on each building lot. Parking space shall be
rectangular with one (l) dimension at least ten (10) feet in length and the other dimension at least
twenty (20) feet length and/or a total of two hundred (200) square feet.
SEC. 35-185. OPEN SPACE REQUIREMENTS.
See Application of Regulations end General Regulations, Sections 35- 15.- 35 -22. and 35- 60. -35-
66.
SEC. 35 -186. SIGNS.
See Sign Regulations, Sections 35- 95. -35 -101.
SEC. 35 -187. MAXIMUM NUMBER OF UNITS ALLOWED PER GROSS
A£IIEPARCEL.
One (1) dwelling unit is allowed pef one half (0.5) aere or- twe (2.0) imits pef aer-e. See als
seed,... 35 53 dditi ,.,,., Dwelling , a Single � Existing A-1 parcels shall have the ability
to build a maximum of two (2) residential dwelling units subject to residential dwelline setbacks
as outlined in RR -A.
SEC. 35 -188. OTHER SPECIAL REGULATIONS — STREETS.
Refer to Pittsylvania County Subdivision Ordinance. (Amended December 21, 1993)
SEC. 35 -189. INTENSIVE LIVESTOCK, DAIRY, POULTRY FACILITIES
(Amended May 14, 1998)
SECTION 35 -189.1
1.1 Intent
It is the intent of this chapter of this zoning ordinance to encourage economic development and
to preserve farmland by providing for the viability of Pittsylvania County's agricultural sector by
encouraging the orderly and responsible growth of its livestock, dairy, and poultry industry.
Within the A -1 Agricultural district and the A -1 Agricultural classification, all agricultural
production activities (e.g., tillage, crop production, harvesting, pasturing of animals, etc.), related
best management practices and minor processing shall be used by right to which the provisions
of Chapter 35, Article III, Division 1 of the Zoning Ordinance apply.
SECTION 35 -189.2
2.1 Definitions
Livestock, includes all domestic or domesticated: Bovine animals, including but not limited to
cattle; equine animals, including but not limited to horses; ovine animals, including but not
limited to sheep; porcine animals, including but not limited to hogs.
Intensive livestock facility, (hereafter, 'livestock facility "): A livestock operation with accessory
uses or structures, as defined below, which at any one time has at least 300 animal units as
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referenced in the below chart and where such animals are or will be stabled or confined and fed
or maintained for a total of forty -five days or more in any twelve month period; and
1. Crops, vegetation, forage growth or post - harvest residues are not sustained over any portion of
the operation of the lot or facility.
Intensive dairy facility, (hereafter, "dairy facility "): A dairy operation with accessory uses or
structures, as defined below, which at any one time has at least 300 animal, units as referenced in
the below chart and where such animals are or will be stabled or confined and fed or maintained
for a total of forty-five days or more in any twelve month period.
2. Crops, vegetation, forage growth or post - harvest residues are not sustained over any portion of
the operation of the lot or facility.
Intensive poultry facility, (hereafter, "poultry facility ") A poultry operation with accessory uses
or structures, as defined below, which at any one time has at least 300 animal units as referenced
in the below chart and where such animals are or will be stabled or confined and fed or
maintained for a total of forty -five days or more in any twelve month period; and
3. Crops, vegetation, forage growth or post - harvest residues are not sustained over any portion of
the operation of the lot or facility.
Type of Facility Equivalent of 300 animal units
Livestock 300 slaughter and feeder cattle
Livestock 750 swine each weighing over 55 pounds
Livestock 150 houses
Livestock 3,000 sheep or lambs
Dairy 200 mature dairy cattle (whether milked or dry cows)
Poultry 16,500 turkeys
Poultry 30,000 laying hens or broilers
Livestock, dairy, poultry structure: The only buildings subject to setback requirements in Section
35 -189 of the Zoning Ordinance shall be those facilities that house livestock, dairy or poultry
animals and any manure lagoon or manure storage facilities, or dead animal storage facilities,
including incinerators, poultry disposal pits, and deed poultry storage chests.
Livestock raiser, dairy operator, poultry grower, (hereafter, 'operator "): The owner or operator of
the livestock facility, dairy or poultry facility or the land on which the livestock, dairy, or poultry
facility is located.
Existing dwelling: For the purpose of this section of the zoning ordinance, either of the following
shall constitute an existing dwelling:
(a) A structure, designed for residential use, which is occupied on the date completed application
for a livestock, dairy or poultry facility building permit or other zoning approval is received by
the office of the zoning administrator, or
(b) A structure, designed for residential use, which is not occupied on the date a completed
application is received, but which has been issued a certificate of occupancy, or a building permit
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prior to the date on which a completed application for a livestock, dairy, or poultry facility
building permit or other zoning approval is received by the office of the zoning administrator or
which has been occupied for a one (1) year period of time within the five (5) years immediately
preceding the date on which a completed application for a livestock, dairy, or poultry facility
building permit or other zoning approval is received by the office of the zoning administrator.
Existing livestock, dairy, poultry facility: (only for the purpose of determining residential
setbacks in the Agriculture A -1 district under this Section.) A livestock, dairy, or poultry facility
which has been in operation for a one (1) year period of time within the five (5) years
immediately preceding the date on which zoning approval is sought for a dwelling; or where
zoning approval is not necessary for such dwelling, the date on which a building permit is sought
for such dwelling.
Parcel of land: A measured portion of land separated from other portions of land by a metes and
bounds description or described as separate, discrete tract in an instrument of conveyance of
devise and recorded in the offices of the clerk of this county.
SEC. 35 -189.3
3.1 Acreage Requirements
The minimum number of acres on which an intensive livestock, intensive dairy, or intensive
poultry facility may be established shall be the greater of either the number of acres required by
the nutrient management plan which has been approved pursuant to Section 5 herein, or as
follows:
1. For an intensive facility in which beef or dairy cattle are confined and fed, one hundred
(100) acres, or
2. For an intensive facility in which swine are confined and fed, one Hundred (100) acres;
3. For intensive facility in which poultry are confined and fed, twenty (20) acres
All such acres for any one intensive facility need not be contiguous, if the operator owns or has
the right to possession of all acres on which such facility shall be established. In addition, the
operator shall be able to demonstrate that he or she has a right to access between any non-
contiguous acres in such operation.
Intensive livestock, intensive dairy, or intensive poultry facilities in operation as of the effective
date of this amendment which do not have sufficient acres, as required above, shall be
considered nonconforming existing uses and may continue so long as the operation is not
abandoned for more than two years continuously.
3.2 Setbacks from Existing Dwelling
Each livestock, dairy, or poultry structure shall be set back from all existing dwellings not owned
by the operator as follows:
1. From an existing dwelling in the Agriculture A -1 District, three hundred (300) feet;
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2. a. From an existing dwelling in an adjacent Zoning District, six hundred (600) feet;
b.The operator may reduce the above six hundred (600) feet setback with four hundred (400) feet
buffer if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet
in height.
NOTE: Ref. 3.2 and 3.3 - Setback for new dwelling should be the same as setback for livestock.
The setback requirements may be reduced by mutual consent of the owner of an intensified
livestock, dairy, and poultry structure and the owner of an existing dwelling. Consent shall be
evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all
proposed livestock, dairy, and poultry structure that are intended to be subject to the setback
reduction. The notarized affidavit shall be filed with the Zoning Administrator.
Setbacks for Swine Operations
For swine operations of less than 7400 hogs or less than 1200 sows, setbacks are to remain the
same.
For swine operations of 7400 to 9400 hogs or 1200 to 2400 sows, setbacks from all existing
dwellings not owned by the operator shall be as follows:
1. From an existing dwelling in the Agriculture A -1 District, five hundred (500) feet.
2. (a) From an existing dwelling in an adjacent Zoning District, eight hundred (800) feet.
(b) The operator may reduce the above eight hundred (800) feet setback to six hundred (600) feet
setback if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet
in height.
For swine operations of more than 9400 hogs or 2400 sows, setbacks from all existing dwelling
not owned by the operator, shall be eighteen hundred (1800) feet.
The operator may reduce the above eighteen hundred (1800) feet setback to fifteen hundred
(1500) feet if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6)
feet in height.
The operator may reduce the above eighteen hundred (1800) feet setback to one thousand (1000)
feet if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet in
height and has mutual consent of the owner of an existing adjacent dwelling.
3.3 Setbacks from Existing Livestock, Dairy or Poultry Facilities
Each dwelling not owned by the operator shall be set back from existing livestock, dairy, or
poultry structures as follows:
1. From an existing livestock, dairy, or poultry structure in the Agriculture A -1 district, three
hundred (300) feet;
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2. (a) From an existing livestock, dairy, or poultry facility in an adjacent zoning district, six
hundred (600) feet;
(b) The owner of the new dwelling may reduce the above six hundred (600) feet setback to four
hundred (400) feet if he /she plants a ten (10) foot wide vegetative screen or other natural garden
that is presently at least six (6) feet in height.
The setback requirements may be reduced by mutual consent of the owner of an intensified
livestock, dairy, and poultry structure and the owner of the proposed dwelling. Consent shall be
evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all
livestock, dairy, and poultry structure, and proposed dwellings, that are intended to be subject to
this setback reduction. The notarized affidavit shall be filed with the Zoning Administrator.
Setbacks from Existing Swine Facilities
Each dwelling not owned by the operator shall be set back from existing swine structure as
follows:
For swine operations of 7400 -9400 hogs or 1200 -2400 sows, setbacks from existing swine
structures shall be as follows:
1. From an existing swine structure in the Agriculture A -I District, five hundred (500) feet;
2. (a) From an existing swine facility in an adjacent zoning district, eight hundred (800) feet;
(b) The owner of the new dwelling may reduce the above eight hundred (800) feet setback to six
hundred (600) feet if he /she plants a ten (I 0) foot wide vegetative screen or other natural garden
that is presently at least 6 feet in height.
For swine operations of more than 9400 hogs or 2400 sows, setbacks from existing swine
structure shall be eighteen hundred (1800) feet.
The setback requirements may be reduced by mutual consent of the owner of the swine operation
and the owner of the proposed dwelling.
3.4 Setbacks from Property Lines and Public Roads
The setback for intensive livestock, intensive dairy, and intensive poultry structures from
property lines and public roadways shall be at least two hundred and fifty (250) feet.
However, if the owner of the intensive livestock, intensive dairy, and intensive poultry facility is
the deeded, record owner of the property, across the public roadway from the proposed intensive
livestock, intensive dairy, or intensive poultry structure, the setback of said structure from the
public roadway shall be at least one hundred and fifty (150) feet from the center of the public
roadway.
If the record owner /owners of the property across the public roadway is not the owner of the
intensive livestock, intensive dairy or the intensive poultry facility, then an affidavit must be
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secured from the property owner or owners of record to agree to a setback reduction from two
hundred and fifty (250) feet to one hundred and fifty (150) feet.
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3.5 Other Setbacks
All livestock, dairy, and poultry structures shall be set back at least one thousand (1,000) feet
from incorporated towns; platted residential subdivisions; residentially zoned districts;
conservation districts; mobile home parks; public schools; churches; county owned buildings;
county, town, and community recreation areas; public wells, public springs, and public water
intakes.
The operator may reduce the above one thousand (1,000) feet setback to eight hundred (800) feet
if he /she plants a ten (10) foot wide vegetative screen or other natural barrier that is presently at
least six (6) feet in height.
For swine operations of more than 7400 hogs or 1200 sows, swine structures shall be set back at
least eighteen hundred (1800) feet from incorporated towns; platted residential subdivisions;
residentially zoned districts; conservation districts; mobile home parks; public schools; churches;
county owned buildings; county, town, and community recreation areas; public wells, public
springs and public water intakes.
The operator may reduce the above eighteen hundred (1,800) feet setback to fifteen hundred
(1,500) feet if he /she plants a ten (10) foot wide vegetative screen or other natural barrier that is
presently at least six (6) feet in height.
Any land application of manure, wastewater or nutrient of any nature from a lagoon type
treatment facility shall comply with those setback requirements as outlined in Section 62.1-
44.17.1 of the State Water Control Law, 1994 and the General Permit Regulation VR 680- 14 -01,
regulatory citation 9 VAC 25 -192.
3.6 Certified Plat Required
The owner of an intensive facility constructed or completed after the effective date of this
chapter shall file with the Zoning Administrator a plat or similar documentation showing the
entire parcels on which the facility is located and also showing the location of the facility within
the parcel or parcels. With this plat or similar documentation, the owner shall submit a written
statement, swom to and subscribed before a notary public, by which the owner certified to the
Zoning Administrator that the intensive facility shown on the plat or similar documentation
meets all applicable setback requirements of this ordinance.
SEC. 35- 189.4.
4.1 Livestock, Dairy or Poultry Facility Development Plans
(a) In the Agricultural A -1 district, an operator or a potential operator shall file with the
Zoning Administrator a development plan which indicates the number, size and location of
livestock, dairy or poultry structures planned for the subject parcel When such development plan
has been approved by and filed with the Zoning Administrator and during the period in which it
remains in effect, the planned structures shall be obliged to meet setbacks only from those
dwellings and uses existing at the time the development plan is approved. The Zoning
Administrator shall approve within (thirty) 30 days of receipt of the development plan, or if the
development plan does not meet the requirement of Sections 3 and 4, the Zoning Administrator
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shall return within (thirty) 30 days the development plan to the person who submitted it, together
with a written description of the portion(s) of the development plan that do not comply with such
Sections.
(b) In the event that the use, structure, or activity for which any permit is issued based upon a
development plan as provided for herein is not commenced within eighteen (18) months after the
issuance of said permit, the same shall be deemed abandoned and the authority granted;
thereunder, shall thereupon terminate. For purposes of this ordinance, the term "commence" shall
be construed to include the commencement of the construction of any structure necessary to the
use of such permit eighteen (18) months from the date of the issuance thereof which is there after
completed within one (1) year.
(c) The development plan shall be based on the requirements of this chapter and shall be
accompanied by a plat or similar documentation verifying the accuracy of the distances shown in
the development plan and containing all of the data required as specified pursuant to Section 3 of
this chapter.
(d) The development plan on such parcel shall remain in force only so long as the structures
proposed are constructed in accordance with the development plan. The development plan shall
be transferable from the owner or operator to another owner or operator unless otherwise stated
in the plan by the initial owner or operator.
(e) The operator shall notify the zoning administrator in writing within thirty (30) days of
placement into service of any structure indicated in his/her development plan.
(f) Each parcel for which a development plan has been approved by the Zoning Administrator
shall display at its entrance a sign no smaller than two (2) square feet, or larger than four (4)
square feet, clearly visible from the nearest roadway, indicating that a development plan is in
effect for the parcel and containing the words "Certified Agricultural Development Site."
(g) Nothing herein shall be construed to prohibit an operator or a potential operator from
submitting amendments to his or her original development plan or to submitting revised
development plans at any time. The Zoning Administrator shall approve the amended or revised
development plan, following the standards set for in 4.1 (a) above, according to the terms of the
zoning ordinance in effect at the time that the amendments or revisions are submitted to the
Zoning Administrator.
SEC. 35- 189.5.
5.1 Nutrient Management Plan
(a) After the effective date of this amendment to the zoning ordinance, no intensive facility shall
commence operation until a nutrient management plan (if required by the Commonwealth of
Virginia for the proposed facility) has been reviewed and approved by the Virginia Department
of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person
certified or employed by the Commonwealth as a nutrient management planner.
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(b) If off -site disposal is part of the nutrient management plan the operator shall provide, as part
of that nutrient management plan, written documentation of an agreement with the receiver of
the wastes produced at the operator's facility or an affidavit, swam and subscribed before, a
notary public, that states his/her intention to dispose of the waste through sale in retail
establishments or otherwise marketing to consumers.
Documentation shall specify the duration of the agreement and the nature of the application or
use of the wastes. A nutrient management plan containing such an agreement shall be valid only
as long as the agreement remains in force and shall be reviewed whenever such an agreement
expires or is terminated by either party. The operator shall notify the Zoning Administrator
whenever such an agreement is terminated before its stated expiration date within fifteen (15)
days of such termination.
(c) (1) The facility shall also provide for a site, with or without a permanent structure, for the
storage of animal wastes if required by the Commonwealth of Virginia and meet all applicable
standards of the Commonwealth.
(2) Notwithstanding this, if a operator is unable to locate a storage site on the same parcel of land
because of insufficient acreage or topographical hardship, then the Zoning Administrator, after
consultation with the operator's engineer, may permit the storage site to be located on adjacent
land owned by the operator; or, if there is a valid agreement for off -site disposal as provided in
this section, the Zoning Administrator may permit the storage site be located on a parcel
specified in the agreement for off -site disposal.
(d) The nutrient management plan shall be reviewed and updated every five (5) years by an agent
of the Virginia Department of Conservation and Recreation or by the Virginia Cooperative
Extension Service or by a person certified or employed by the Commonwealth as a nutrient
management Planner.
SEC. 35- 189.6.
Disposal of Dead Animals
The owner or operator, or any employee thereof; of any intensive poultry, facility shall dispose
of dead poultry only by use of the following methods:
1. An on site composting facility; or
2. An off site rendering facility approved by the appropriate regulatory agency; or
3. An incineration facility, provided that an administrative permit is issued by the Zoning
Administrator; or
4. Disposal of said animals in an approved Subtitle D Landfill.
Open pit disposal is expressly prohibited
No owner, operator, or employee of any intensive livestock or dairy facility shall cast any dead
animals into a road or knowingly permit any dead animal to remain unburied upon his/her
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property when offensive to the public or, having in custody any maimed, deceased, disabled or
infirm animal, leave it to lie or be in a street, road or public place.
SEC. 35- 189.7. EXEMPTIONS.
The provisions of Chapter 29 and Chapter 32 of the Code of Pittsylvania County shall not apply
to livestock, dairy or poultry facilities.
SEC. 35- 189.8. SEVERABILITY.
If any provision, clause, paragraph, section or subsection of this ordinance is deemed by a court
or competent jurisdiction to be invalid, unenforceable or otherwise improper, the remaining
portions of this ordinance shall remain in full force and effect.
SEC. 35 -190. RESERVED
DIVISION 13. CONSERVATION DISTRICT, C -I
SEC. 35 -529. PURPOSE.
This district covers portions of the County which are occupied by various open spaces such as
steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply
public water impoundments, or stream valleys. This district is established for the specific
purpose of conserving water and other natural resources, reducing soil erosion, protecting
watersheds, reducing hazards from flood and fire and preserving wildlife areas of the County.
This district is distinguished from agricultural districts in that fewer permitted uses and special
uses are allowed secondly, density and intensity of land use activities should be less overall to
produce less chance for pollution problems to critical water supplies, for example, and thus
protect public health.
SEC. 35 -530. PERMITTED USES.
Within Conservation District C -1, the following uses are permitted:
accessory buildings and uses
agriculture, provided that no structure containing poultry, or livestock and no storage of manure
or odor or dust - producing substance shall be located within two hundred (200) feet of a district
boundary
churches, manses, parish houses, and adjacent cemeteries
commercial horse riding stables
commercial plant nurseries and greenhouses, wholesale.
County government uses such as waste collection, recycling, recreation, etc.
emergency services, fire stations, or watch towers
fish hatcheries
forestry operations including necessary temporary buildings and uses incidental thereof (not
including sawmills)
garages, private (for storage of personal vehicles, trucks, and farm machinery)
home occupations, Class A
home occupations, Class B (Amended February 18, 1992)
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manufactured/mobile homes (Amended February 18, 1992)
non - emergency medical transport (Amended December 21, 2010)
public or private preserves, parks, and conservation areas
public utilities - poles, lines, transformers, pipes, meters, and related or similar facilities
public water and sewer distribution lines, treatment facilities, and pumping facilities
signs -See Section 35- 95. -35 -101.
single - family dwellings
temporary sawmills, provided that no operation related to the sawmill shall be located within a
thousand (1,000) feet of the property line of a church, school, or other place of assembly timber
harvesting
SEC. 35 -531. SPECIAL USE PERMIT REQUIRED.
The following uses shall be permitted only by special use permit:
cemeteries
church or summer camps with interior dining facilities
country clubs, community centers, swimming, and/or tennis clubs, and golf courses
feed lots when located within a thousand (1,000) feet of a residential district and village district
boundary line, but in no case shall a feed lot be located within two hundred (200) feet of a
residential district and village district boundary line
oil, gas, uranium, and mineral exploration, extraction and production, provided the provisions of
Section 45.1 -106 through 45.1 -144, 45.1 -272 through 45.1 -285 of the Code of Virginia, 1950, as
amended, and the oil and gas rules and regulations promulgated by the Virginia Department of
Labor and Industry are adhered to
home occupations -Class B
kennels
permanent sawmills, provided that no operation related to the sawmill shall be located within
two thousand (2,000) feet of a church, school, or other places of assembly
public utilities - electrical power transmission lines and substations; oil and gas transmission
pipelines and pumping stations; microwave transmission and relay towers and sub - stations;
unmanned telephone exchange centers, and similar such facilities
radio and television transmitters and towers
signs -See Section 35- 95. -35 -101.
special temporary churches (Amended December 21, 1993)
travel trailers or parks
horse show grounds
marinas
waterslides
SEC. 35 -532. OTHER REQUIREMENTS.
Area regulations, Maximum Height of Buildings, Minimum Yard Dimensions, Minimum off -
Street Parking Spaces, Open Space Requirements, Maximum Number of Units Allowed for
Agricultural District (A4) shall apply to this District.
The Site Development Plans /Concept Plans for Permitted Uses or Special Uses within designated
Conservation Zones shall require specific and detailed plans and measures by the owner /agent
for control or erosion and sediment and shall satisfy the Zoning Administrator, the Planning
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Commission, and the Board of Supervisors that any possible authorized activities will not
contaminate or otherwise incapacitate the land and waters of the zone. Failure to properly
document these plans to conserve and protect the water, the watershed, the natural resources, and
the land will result in denial of use.
Commercial timber harvesting of more than five (5) acres in Conservation Districts shall have a
written Preharvesting Plan (Forest Management Plan). The purpose of this plan is to reduce soil
erosion and subsequent stream sedimentation through the proper design, layout, construction,
maintenance, and use of Logging roads, Skid roads, and Loading decks used in conjunction with
timber harvesting operations. This plan will be prepared by a professional forester and shall be
submitted to and approved by the Zoning Administrator prior to commencing operations.
SEC. 35-533.-35-544. RESERVED
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Rural Residential — Agriculture (RR -A)
A. Statement of intent. This district is intended to allow rural residences in areas where agricultural and
other low- intensity uses predominate, but where low- density residential lots can be created. Uses
not consistent with the existing character of this district are not permitted. As rural residential
housing is limited in A -1 and C -1, this zoning classification has been established to allow those
landowners who desire to live in a rural setting the right to do so. Any land severed from an A -1
parcel or adjoining an A -1 parcel that is to be re -zoned for residential use, shall abide by the code
established herein for residential buildings and shall be re -zoned to RR -A.
a) Furthermore, "It is advised that these residential building lots are located in an agricultural area.
Agriculture is the primary economic activity surrounding this zoning district. Owners, residents,
and other users of property may be subjected to inconvenience or discomfort arising from
agricultural operations even though conducted in accordance with best management practices
and /or in accordance with existing laws and regulations of the Commonwealth and the County.
Such agricultural operations may generate noise, odors, and dust; may involve the operation of
machinery, including aircraft, during any portion of a 24 hour day; and may involve the storage
and disposal of manure or biosolids, and the application of fertilizer, soil amendments, and
pesticides /herbicides. Owners, occupants, and users of land should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an agricultural zoning
district in a county with a strong rural character and an active agriculture sector."
b) The wording in Sub - section A. a) shall be printed on all preliminary and recorded plats,
presented to property owners who request a zoning classification change from A -1 to RR -A for
the expressed purpose of building a rural residential dwelling, and /or provided to mortgagees in
loan closing packets.
B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the
following uses:
a) Uses permitted by right:
i) Single- family detached dwellings.
ii) Manufactured houses on permanent foundations.
iii) Neighborhood parks and playgrounds.
iv) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to
structures located on properties adjacent to said facilities.
v) Recreational vehicle, provided that the recreational vehicle is on the property no more than
30 consecutive days and is removed from the property for at least 14 consecutive days each
time it is removed.
vi) Open space developments.
b) Permitted accessory uses:
(a) Off - street parking.
(b) Customary accessory uses and structures.
(c) Home occupation.
(d) Home business.
C. Area regulations. The minimum lot area shall be 2.5 acres.
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D. Yard regulations.
a) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be
known as the "setback line."
b) Side yard. Each side yard for each main structure shall be a minimum of 150 feet. No accessory
building shall be located closer than 150 feet to any side property boundary line.
c) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings
may be built to within 30 feet of the rear property line.
d) Lots adjoining an A -1 zoning district. No residential structure shall be constructed closer than
150 feet to any A -1 adjacent zoned property line. Wells shall be located 100 feet from any A -1
adjacent zoned property lines unless the adjacent landowner agrees to such through their
signature on a recordable waiver.
e) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer
than 150 feet to an adjacent property line if that property is an industrialized zoned district or
contains an industrial use.
E. Clustering of Residences. A landowner who properly rezones their A -1 property to RR -A may
develop their property for multiple residences as long as the lots adjoining A -1 property maintain
the following criteria:
a) Minimum lot size of 1.75 acres
b) Residential setback of 150 feet on whichever side(s) touch(es) A -1 zoned property and 100 feet
on the front from a public road; interior residential yardage setbacks, not adjoining A -1, may be
reduced to a 50 feet setback
c) Any residences located to the interior of a residential cluster may reduce the minimum lot size
to .75 acres and maintain a minimum of 50 feet for the front, rear, and side yardage setbacks
d) Wells on exterior lots shall be located 100 feet from any A -1 adjacent zoned property lines
unless the adjacent landowner agrees to such through their signature on a recordable waiver.
F. Building Coverage. The maximum building coverage on a lot shall be 30 %.
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Pittsylvania County Zoning Ordinance for A -1 & C -1
DIVISION 1. AGRICULTURAL DISTRICT, A -1
SEC. 35 -177. PURPOSE.
This district includes unincorporated portions of the County that are occupied by various open
uses such as farms, forests, lakes, reservoirs, streams, and park lands. This district is established
for the purpose of facilitating existing and future farming operations, preserving farm and forest
lands, conservation of agricultural, water and other natural resources, reducing soil erosion,
preventing water pollution, and protecting watersheds and reducing hazards from flood and fire.
It is expected that certain desirable rural areas of this rural district may logically develop
residentially, at low density. It is the intent, however, to discourage the random scattering of
residential, commercial, or industrial uses in this district. It should also be presumed that the
agricultural and forestry activities may produce some noise, odors and other effects and a certain
level of tolerance for these effects must be expected of those who would dwell in this district.
Special use permits will be employed to seek improved level of compatibility between uses.
SEC. 35 -178. PERMITTED USES.
Within the Agricultural District (A -1), the following uses are permitted.
accessory uses
agricultural warehouses
agriculture, farming
antique shop
assembly halls
cemeteries, community and commercial
cemeteries for animals
cemeteries on joint church property
churches
colleges
conservation areas (public and private)
community center and building
County government uses such as waste collection, recycling, recreation, etc.
day care center, day nursery (licensed)
dormitories
forestry operations and management
garages, storage of personal vehicles
gardens, private
home occupations, Class A
home occupations, Class B
homes, single - family dwelling
homes, single - family dwelling with apartments on premises
intensive livestock, dairy, and poultry facilities (Amended February 18, 1997)
libraries
lodge halls
lodges
manses, church -owned dwelling unit
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manufactured homes and mobile homes, individual placed in (20,000) square foot or greater lot
nursery and greenhouse operations (Amended December 21, 1993)
off -street parking
piers, docks (private) for residences
playgrounds
portable and temporary sawmills and chipping mills
preserves, wildlife refuge (public)
primitive campgrounds
roads, streets, right -of -ways, easements
sales, service, and repairs of farm equipment, garden equipment, logging equipment
signs —See Sections 35- 95. -35 -101.
stable, commercial (riding)
stables, private
tenant farm
water system
wayside stands
wood storage
veterinary hospitals and clinics
SEC. 35 -179. SPECIAL USE PERMITS.
The following uses shall be permitted only by special use permit:
anaerobic digester (Amended September 8, 2009)
apartments in combination with business /upstairs over business
archery ranges
automobile graveyard
boat club
campground (private) See Regulations Section 35 -138.
campground (public) See Regulations Section 35 -138.
carnivals
circuses
clubs (private)
clubs (public)
convenience store
country club
country store
custom meat cutting operation
emergency service facilities -fire, rescue
fairs
feed and see processing mill
festivals (bluegrass and others) (Amended December 21, 1993
flea market
food and groceries
funeral homes and mortuaries
garages, commercial for: automobiles, recreation vehicles, motorcycles
general store
golf clubs, club houses
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golf courses
golf driving range
grain mill operations
heliports, airports
kennels
livestock market
milk stations
mining - conforming to State regulations
meat processing -not a slaughter house
motels, hotels, tourist, and resort facilities
non - emergency medical transport
parks, zoos, and petting zoos (Amended December 21, 1993)
permanent chipping mill
permanent planing mill
permanent sawmill
public facilities
public garages
public offices
public power generation
public storage yards
public substations
public utilities
public utilities - structures, towers
pulpwood storage and processing
quarrying- conforming to State regulations
raceway
radio & television stations
radio & television towers
radio & television transmission/transmitters
recreational facilities (private)
recreational facilities (public)
restaurants
rifle range, gun clubs, shooting ranges
sales, service, and repair of: automobiles, trucks, recreational vehicles, motorcycles
schools (public and private)
slaughter house
special temporary churches (Amended December 21, 1993)
summer camp
swim club
temporary uses - construction activity, including associated buildings
temporary uses - circuses, fairs, shows, carnivals, not more than four (4) weeks duration
turkey shoot
wood preserving
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SEC. 35 -180. AREA REGULATIONS.
A. Minimum Lot Size
Lots in this district shall have a minimum area of twenty thousand (20,000) square feet.
B. Maximum Percentage of Lot Coverage
1. Not regulated.
SEC. 35 -181. MAXIMUM HEIGHT OF BUILDINGS.
The maximum height on buildings in this district shall be forty (40) feet.
Belfries, cupolas, flues, flagpoles, television antennae, radio aerials, silos, and water tanks are
exempted.
Any building or structure shall be constructed, erected, installed, maintained and be of an
approved type in accordance with the provisions of the Virginia Uniform Statewide Building
Code as amended, and the Fire Prevention Code.
SEC. 35 -182. MINIMUM YARD DIMENSIONS.
A. Front Setback
The minimum front setback from the nearest point of house or principal structure (including
porches or stoops or any accessory buildings) to the centerline of the specified right -of -way shall
be equal to sixty (60) feet or thirty -five (35) feet from the edge of right -of -way whichever is
greater.
B. Side Setback
The minimum side setback, the distance from the side property line of a lot to the nearest point
on the house or principal structure (including porches, stoops, or accessory building) shall be ten
(10) percent of the road frontage distance with a minimum often ten (10) feet.
C. Rear Setback
The minimum rear setback, the distance from the rear property line of a lot to the nearest point
on the house or principal structure (including porches, stoops, or accessory building) shall be a
minimum of forty (40) feet. For property bordering Smith Mountain Lake and other lakes, one
hundred (100) acres of greater in size, the distance will be measured from the recognized full
pond level. Accessory structures up to eight hundred (800) square feet may be located in the rear
yard as long as they are is at least twelve (12) feet from the rear property line.
Walkways and steps are exempt from rear yard requirements.
D. Minimum Distance Between Main Buildings
For fire protection in low density, agricultural areas, it is required that principal structures be no
less then twenty (20) feet apart.
E. Corner Lots
The minimum side yard depth on the side facing the side street shall be thirty -five (35) feet or
more from the side building line to the right -of -way line for both main and accessory buildings.
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SEC. 35 -183. FLOOR AREA REQUIREMENTS.
Conventional lots not regulated.
SEC. 35 -184. MINIMUM OFF - STREET PARKING SPACE.
Two (2) off - street parking space shall be required on each building lot. Parking space shall be
rectangular with one (1) dimension at least ten (10) feet in length and the other dimension at least
twenty (20) feet length and/or a total of two hundred (200) square feet.
SEC. 35-185. OPEN SPACE REQUIREMENTS.
See Application of Regulations end General Regulations, Sections 35- 15.- 35 -22. and 35- 60. -35-
66.
SEC. 35 -186. SIGNS.
See Sign Regulations, Sections 35- 95. -35 -101.
SEC. 35 -187. MAXIMUM NUMBER OF UNITS ALLOWED PER GROSS
ACREPARCEL.
is allowed per one half ae-e-of twe /I M Z.-
Exisring A -] parcels shall have the ability
to build a maximum of two (2) residential dwelling units subject to residential dwelling setbacks
as outlined in RR -A.
SEC. 35-188. OTHER SPECIAL REGULATIONS — STREETS.
Refer to Pittsylvania County Subdivision Ordinance. (Amended December 21, 1993)
SEC. 35 -189. INTENSIVE LIVESTOCK, DAIRY, POULTRY FACILITIES
(Amended May 14, 1998)
SECTION 35 -189.1
1.1 Intent
It is the intent of this chapter of this zoning ordinance to encourage economic development and
to preserve farmland by providing for the viability of Pittsylvania County's agricultural sector by
encouraging the orderly and responsible growth of its livestock, dairy, and poultry industry.
Within the A -1 Agricultural district and the A -1 Agricultural classification, all agricultural
production activities (e.g., tillage, crop production, harvesting, pasturing of animals, etc.), related
best management practices and minor processing shall be used by right to which the provisions
of Chapter 35, Article III, Division 1 of the Zoning Ordinance apply.
SECTION 35 -189.2
2.1 Definitions
Livestock, includes all domestic or domesticated: Bovine animals, including but not limited to
cattle; equine animals, including but not limited to horses; ovine animals, including but not
limited to sheep; porcine animals, including but not limited to hogs.
Intensive livestock facility, (hereafter, "livestock facility "): A livestock operation with accessory
uses or structures, as defined below, which at any one time has at least 300 animal units as
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referenced in the below chart and where such animals are or will be stabled or confined and fed
or maintained for a total of forty-five days or more in any twelve month period; and
1. Crops, vegetation, forage growth or post - harvest residues are not sustained over any portion of
the operation of the lot or facility.
Intensive dairy facility, (hereafter, "dairy facility "): A dairy operation with accessory uses or
structures, as defined below, which at any one time has at least 300 animal, units as referenced in
the below chart and where such animals are or will be stabled or confined and fed or maintained
for a total of forty-five days or more in any twelve month period.
2. Crops, vegetation, forage growth or post - harvest residues are not sustained over any portion of
the operation of the lot or facility.
Intensive poultry facility, (hereafter, "poultry facility ") A poultry operation with accessory uses
or structures, as defined below, which at any one time has at least 300 animal units as referenced
in the below chart and where such animals are or will be stabled or confined and fed or
maintained for a total of forty -five days or more in any twelve month period; and
3. Crops, vegetation, forage growth or post- harvest residues are not sustained over any portion of
the operation of the lot or facility.
Type of Facility Equivalent of 300 animal units
Livestock 300 slaughter and feeder cattle
Livestock 750 swine each weighing over 55 pounds
Livestock 150 houses
Livestock 3,000 sheep or lambs
Dairy 200 mature dairy cattle (whether milked or dry cows)
Poultry 16,500 turkeys
Poultry 30,000 laying hens or broilers
Livestock, dairy, poultry structure: The only buildings subject to setback requirements in Section
35 -189 of the Zoning Ordinance shall be those facilities that house livestock, dairy or poultry
animals and any manure lagoon or manure storage facilities, or dead animal storage facilities,
including incinerators, poultry disposal pits, and deed poultry storage chests.
Livestock raiser, dairy operator, poultry grower, (hereafter, 'operator "): The owner or operator of
the livestock facility, dairy or poultry facility or the land on which the livestock, dairy, or poultry
facility is located.
Existing dwelling: For the purpose of this section of the zoning ordinance, either of the following
shall constitute an existing dwelling:
(a) A structure, designed for residential use, which is occupied on the date completed application
for a livestock, dairy or poultry facility building permit or other zoning approval is received by
the office of the zoning administrator, or
(b) A structure, designed for residential use, which is not occupied on the date a completed
application is received, but which has been issued a certificate of occupancy, or a building permit
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prior to the date on which a completed application for a livestock, dairy, or poultry facility
building permit or other zoning approval is received by the office of the zoning administrator or
which has been occupied for a one (1) year period of time within the five (5) years immediately
preceding the date on which a completed application for a livestock, dairy, or poultry facility
building permit or other zoning approval is received by the office of the zoning administrator.
Existing livestock, dairy, poultry facility: (only for the purpose of determining residential
setbacks in the Agriculture A -I district under this Section.) A livestock, dairy, or poultry facility
which has been in operation for a one (1) year period of time within the five (5) years
immediately preceding the date on which zoning approval is sought for a dwelling; or where
zoning approval is not necessary for such dwelling, the date on which a building permit is sought
for such dwelling.
Parcel of land: A measured portion of land separated from other portions of land by a metes and
bounds description or described as separate, discrete tract in an instrument of conveyance of
devise and recorded in the offices of the clerk of this county.
SEC. 35 -189.3
3.1 Acreage Requirements
The minimum number of acres on which an intensive livestock, intensive dairy, or intensive
poultry facility may be established shall be the greater of either the number of acres required by
the nutrient management plan which has been approved pursuant to Section 5 herein, or as
follows:
1. For an intensive facility in which beef or dairy cattle are confined and fed, one hundred
(100) acres, or
2. For an intensive facility in which swine are confined and fed, one Hundred (100) acres;
3. For intensive facility in which poultry are confined and fed, twenty (20) acres
All such acres for any one intensive facility need not be contiguous, if the operator owns or has
the right to possession of all acres on which such facility shall be established. In addition, the
operator shall be able to demonstrate that he or she has a right to access between any non-
contiguous acres in such operation.
Intensive livestock, intensive dairy, or intensive poultry facilities in operation as of the effective
date of this amendment which do not have sufficient acres, as required above, shall be
considered nonconforming existing uses and may continue so long as the operation is not
abandoned for more than two years continuously.
3.2 Setbacks from Existing Dwelling
Each livestock, dairy, or poultry structure shall be set back from all existing dwellings not owned
by the operator as follows:
1. From an existing dwelling in the Agriculture A -1 District, three hundred (300) feet;
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2. a. From an existing dwelling in an adjacent Zoning District, six hundred (600) feet;
b.The operator may reduce the above six hundred (600) feet setback with four hundred (400) feet
buffer if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet
in height.
NOTE: Ref. 3.2 and 3.3 - Setback for new dwelling should be the same as setback for livestock.
The setback requirements may be reduced by mutual consent of the owner of an intensified
livestock, dairy, and poultry structure and the owner of an existing dwelling. Consent shall be
evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all
proposed livestock, dairy, and poultry structure that are intended to be subject to the setback
reduction. The notarized affidavit shall be filed with the Zoning Administrator.
Setbacks for Swine Operations
For swine operations of less than 7400 hogs or less than 1200 sows, setbacks are to remain the
same.
For swine operations of 7400 to 9400 hogs or 1200 to 2400 sows, setbacks from all existing
dwellings not owned by the operator shall be as follows:
1. From an existing dwelling in the Agriculture A -1 District, five hundred (500) feet.
2. (a) From an existing dwelling in an adjacent Zoning District, eight hundred (800) feet.
(b) The operator may reduce the above eight hundred (800) feet setback to six hundred (600) feet
setback if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet
in height.
For swine operations of more than 9400 hogs or 2400 sows, setbacks from all existing dwelling
not owned by the operator, shall be eighteen hundred (1800) feet.
The operator may reduce the above eighteen hundred (1800) feet setback to fifteen hundred
(1500) feet if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6)
feet in height.
The operator may reduce the above eighteen hundred (1800) feet setback to one thousand (1000)
feet if he /she plants a ten (10) foot wide vegetative screen that is presently at least six (6) feet in
height and has mutual consent of the owner of an existing adjacent dwelling.
3.3 Setbacks from Existing Livestock, Dairy or Poultry Facilities
Each dwelling not owned by the operator shall be set back from existing livestock, dairy, or
poultry structures as follows:
1. From an existing livestock, dairy, or poultry structure in the Agriculture A -1 district, three
hundred (300) feet;
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2. (a) From an existing livestock, dairy, or poultry facility in an adjacent zoning district, six
hundred (600) feet;
(b) The owner of the new dwelling may reduce the above six hundred (600) feet setback to four
hundred (400) feet if he /she plants a ten (10) foot wide vegetative screen or other natural garden
that is presently at least six (6) feet in height.
The setback requirements may be reduced by mutual consent of the owner of an intensified
livestock, dairy, and poultry structure and the owner of the proposed dwelling. Consent shall be
evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all
livestock, dairy, and poultry structure, and proposed dwellings, that are intended to be subject to
this setback reduction. The notarized affidavit shall be filed with the Zoning Administrator.
Setbacks from Existing Swine Facilities
Each dwelling not owned by the operator shall be set back from existing swine structure as
follows:
For swine operations of 7400 -9400 hogs or 1200 -2400 sows, setbacks from existing swine
structures shall be as follows:
1. From an existing swine structure in the Agriculture A -1 District, five hundred (500) feet;
2. (a) From an existing swine facility in an adjacent zoning district, eight hundred (800) feet;
(b) The owner of the new dwelling may reduce the above eight hundred (800) feet setback to six
hundred (600) feet if he /she plants a ten (10) foot wide vegetative screen or other natural garden
that is presently at least 6 feet in height.
For swine operations of more than 9400 hogs or 2400 sows, setbacks from existing swine
structure shall be eighteen hundred (1800) feet.
The setback requirements may be reduced by mutual consent of the owner of the swine operation
and the owner of the proposed dwelling.
3.4 Setbacks from Property Lines and Public Roads
The setback for intensive livestock, intensive dairy, and intensive poultry structures from
property lines and public roadways shall be at least two hundred and fifty (250) feet.
However, if the owner of the intensive livestock, intensive dairy, and intensive poultry facility is
the deeded, record owner of the property, across the public roadway from the proposed intensive
livestock, intensive dairy, or intensive poultry structure, the setback of said structure from the
public roadway shall be at least one hundred and fifty (150) feet from the center of the public
roadway.
If the record owner /owners of the property across the public roadway is not the owner of the
intensive livestock, intensive dairy or the intensive poultry facility, then an affidavit must be
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secured from the property owner or owners of record to agree to a setback reduction from two
hundred and fifty (250) feet to one hundred and fifty (150) feet.
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3.5 Other Setbacks
All livestock, dairy, and poultry structures shall be set back at least one thousand (1,000) feet
from incorporated towns; platted residential subdivisions; residentially zoned districts;
conservation districts; mobile home parks; public schools; churches; county owned buildings;
county, town, and community recreation areas; public wells, public springs, and public water
intakes.
The operator may reduce the above one thousand (1,000) feet setback to eight hundred (800) feet
if he /she plants a ten (10) foot wide vegetative screen or other natural barrier that is presently at
least six (6) feet in height.
For swine operations of more than 7400 hogs or 1200 sows, swine structures shall be set back at
least eighteen hundred (1800) feet from incorporated towns; platted residential subdivisions;
residentially zoned districts; conservation districts; mobile home parks; public schools; churches;
county owned buildings; county, town, and community recreation areas; public wells, public
springs and public water intakes.
The operator may reduce the above eighteen hundred (1,800) feet setback to fifteen hundred
(1,500) feet if he /she plants a ten (10) foot wide vegetative screen or other natural barrier that is
presently at least six (6) feet in height.
Any land application of manure, wastewater or nutrient of any nature from a lagoon type
treatment facility shall comply with those setback requirements as outlined in Section 62.1-
44.17.1 of the State Water Control Law, 1994 and the General Permit Regulation VR 680- 14 -01,
regulatory citation 9 VAC 25 -192.
3.6 Certified Plat Required
The owner of an intensive facility constructed or completed after the effective date of this
chapter shall file with the Zoning Administrator a plat or similar documentation showing the
entire parcels on which the facility is located and also showing the location of the facility within
the parcel or parcels. With this plat or similar documentation, the owner shall submit a written
statement, sworn to and subscribed before a notary public, by which the owner certified to the
Zoning Administrator that the intensive facility shown on the plat or similar documentation
meets all applicable setback requirements of this ordinance.
SEC. 35- 189.4.
4.1 Livestock, Dairy or Poultry Facility Development Plans
(a) In the Agricultural A -1 district, an operator or a potential operator shall file with the
Zoning Administrator a development plan which indicates the number, size and location of
livestock, dairy or poultry structures planned for the subject parcel When such development plan
has been approved by and filed with the Zoning Administrator and during the period in which it
remains in effect, the planned structures shall be obliged to meet setbacks only from those
dwellings and uses existing at the time the development plan is approved. The Zoning
Administrator shall approve within (thirty) 30 days of receipt of the development plan, or if the
development plan does not meet the requirement of Sections 3 and 4, the Zoning Administrator
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shall return within (thirty) 30 days the development plan to the person who submitted it, together
with a written description of the portion(s) of the development plan that do not comply with such
Sections.
(b) In the event that the use, structure, or activity for which any permit is issued based upon a
development plan as provided for herein is not commenced within eighteen (18) months after the
issuance of said permit, the same shall be deemed abandoned and the authority granted;
thereunder, shall thereupon terminate. For purposes of this ordinance, the term "commence" shall
be construed to include the commencement of the construction of any structure necessary to the
use of such permit eighteen (18) months from the date of the issuance thereof which is there after
completed within one (1) year.
(c) The development plan shall be based on the requirements of this chapter and shall be
accompanied by a plat or similar documentation verifying the accuracy of the distances shown in
the development plan and containing all of the data required as specified pursuant to Section 3 of
this chapter.
(d) The development plan on such parcel shall remain in force only so long as the structures
proposed are constructed in accordance with the development plan. The development plan shall
be transferable from the owner or operator to another owner or operator unless otherwise stated
in the plan by the initial owner or operator.
(e) The operator shall notify the zoning administrator in writing within thirty (30) days of
placement into service of any structure indicated in his/her development plan.
(f) Each parcel for which a development plan has been approved by the Zoning Administrator
shall display at its entrance a sign no smaller than two (2) square feet, or larger than four (4)
square feet, clearly visible from the nearest roadway, indicating that a development plan is in
effect for the parcel and containing the words "Certified Agricultural Development Site."
(g) Nothing herein shall be construed to prohibit an operator or a potential operator from
submitting amendments to his or her original development plan or to submitting revised
development plans at any time. The Zoning Administrator shall approve the amended or revised
development plan, following the standards set for in 4.1 (a) above, according to the terms of the
zoning ordinance in effect at the time that the amendments or revisions are submitted to the
Zoning Administrator.
SEC. 35- 189.5.
5.1 Nutrient Management Plan
(a) After the effective date of this amendment to the zoning ordinance, no intensive facility shall
commence operation until a nutrient management plan (if required by the Commonwealth of
Virginia for the proposed facility) has been reviewed and approved by the Virginia Department
of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person
certified or employed by the Commonwealth as a nutrient management planner.
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(b) If off -site disposal is part of the nutrient management plan the operator shall provide, as part
of that nutrient management plan, written documentation of an agreement with the receiver of
the wastes produced at the operator's facility or an affidavit, sworn and subscribed before, a
notary public, that states his/her intention to dispose of the waste through sale in retail
establishments or otherwise marketing to consumers.
Documentation shall specify the duration of the agreement and the nature of the application or
use of the wastes. A nutrient management plan containing such an agreement shall be valid only
as long as the agreement remains in force and shall be reviewed whenever such an agreement
expires or is terminated by either parry. The operator shall notify the Zoning Administrator
whenever such an agreement is terminated before its stated expiration date within fifteen (15)
days of such termination.
(c) (1) The facility shall also provide for a site, with or without a permanent structure, for the
storage of animal wastes if required by the Commonwealth of Virginia and meet all applicable
standards of the Commonwealth.
(2) Notwithstanding this, if a operator is unable to locate a storage site on the same parcel of land
because of insufficient acreage or topographical hardship, then the Zoning Administrator, after
consultation with the operator's engineer, may permit the storage site to be located on adjacent
land owned by the operator; or, if there is a valid agreement for off -site disposal as provided in
this section, the Zoning Administrator may permit the storage site be located on a parcel
specified in the agreement for off -site disposal.
(d) The nutrient management plan shall be reviewed and updated every five (5) years by an agent
of the Virginia Department of Conservation and Recreation or by the Virginia Cooperative
Extension Service or by a person certified or employed by the Commonwealth as a nutrient
management Planner.
SEC. 35- 189.6.
Disposal of Dead Animals
The owner or operator, or any employee thereof; of any intensive poultry, facility shall dispose
of dead poultry only by use of the following methods:
1. An on site composting facility; or
2. An off site rendering facility approved by the appropriate regulatory agency; or
3. An incineration facility, provided that an administrative permit is issued by the Zoning
Administrator; or
4. Disposal of said animals in an approved Subtitle D Landfill.
Open pit disposal is expressly prohibited
No owner, operator, or employee of any intensive livestock or dairy facility shall cast any dead
animals into a road or knowingly permit any dead animal to remain unburied upon his/her
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Property when offensive to the public or, having in custody any maimed, deceased, disabled or
infirm animal, leave it to lie or be in a street, road or public place.
SEC. 35- 189.7. EXEMPTIONS.
The provisions of Chapter 29 and Chapter 32 of the Code of Pittsylvania County shall not apply
to livestock, dairy or poultry facilities.
SEC. 35-189.8. SEVERABILITY.
If any provision, clause, paragraph, section or subsection of this ordinance is deemed by a court
or competent jurisdiction to be invalid, unenforceable or otherwise improper, the remaining
portions of this ordinance shall remain in full force and effect.
SEC. 35 -190. RESERVED
DIVISION 13. CONSERVATION DISTRICT, C -1
SEC. 35 -529. PURPOSE.
This district covers portions of the County which are occupied by various open spaces such as
steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply
public water impoundments, or stream valleys. This district is established for the specific
purpose of conserving water and other natural resources, reducing soil erosion, protecting
watersheds, reducing hazards from flood and fire and preserving wildlife areas of the County.
This district is distinguished from agricultural districts in that fewer permitted uses and special
uses are allowed secondly, density and intensity of land use activities should be less overall to
produce less chance for pollution problems to critical water supplies, for example, and thus
protect public health.
SEC. 35 -530. PERMITTED USES.
Within Conservation District C -1, the following uses are permitted:
accessory buildings and uses
agriculture, provided that no structure containing poultry, or livestock and no storage of manure
or odor or dust - producing substance shall be located within two hundred (200) feet of a district
boundary
churches, manses, parish houses, and adjacent cemeteries
commercial horse riding stables
commercial plant nurseries and greenhouses, wholesale.
County government uses such as waste collection, recycling, recreation, etc.
emergency services, fire stations, or watch towers
fish hatcheries
forestry operations including necessary temporary buildings and uses incidental thereof (not
including sawmills)
garages, private (for storage of personal vehicles, trucks, and farm machinery)
home occupations, Class A
home occupations, Class B (Amended February 18, 1992)
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manufactured/mobile homes (Amended February 18, 1992)
non - emergency medical transport (Amended December 21, 2010)
public or private preserves, parks, and conservation areas
public utilities - poles, lines, transformers, pipes, meters, and related or similar facilities
public water and sewer distribution lines, treatment facilities, and pumping facilities
signs -See Section 35- 95. -35 -101.
single - family dwellings
temporary sawmills, provided that no operation related to the sawmill shall be located within a
thousand (1,000) feet of the property line of a church, school, or other place of assembly timber
harvesting
SEC. 35 -531. SPECIAL USE PERMIT REQUIRED.
The following uses shall be permitted only by special use permit:
cemeteries
church or summer camps with interior dining facilities
country clubs, community centers, swimming, and/or tennis clubs, and golf courses
feed lots when located within a thousand (1,000) feet of a residential district and village district
boundary line, but in no case shall a feed lot be located within two hundred (200) feet of a
residential district and village district boundary line
oil, gas, uranium, and mineral exploration, extraction and production, provided the provisions of
Section 45.1 -106 through 45.1 -144, 45.1 -272 through 45.1 -285 of the Code of Virginia, 1950, as
amended, and the oil and gas rules and regulations promulgated by the Virginia Department of
Labor and Industry are adhered to
home occupations -Class B
kennels
permanent sawmills, provided that no operation related to the sawmill shall be located within
two thousand (2,000) feet of a church, school, or other places of assembly
public utilities - electrical power transmission lines and substations; oil and gas transmission
pipelines and pumping stations; microwave transmission and relay towers and sub - stations;
unmanned telephone exchange centers, and similar such facilities
radio and television transmitters and towers
signs -See Section 35- 95. -35 -101.
special temporary churches (Amended December 21, 1993)
travel trailers or parks
horse show grounds
marinas
waterslides
SEC. 35-532. OTHER REQUIREMENTS.
Area regulations, Maximum Height of Buildings, Minimum Yard Dimensions, Minimum off -
Street Parking Spaces, Open Space Requirements, Maximum Number of Units Allowed for
Agricultural District (A -1) shall apply to this District.
The Site Development Plans /Concept Plans for Permitted Uses or Special Uses within designated
Conservation Zones shall require specific and detailed plans and measures by the owner /agent
for control or erosion and sediment and shall satisfy the Zoning Administrator, the Planning
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Commission, and the Board of Supervisors that any possible authorized activities will not
contaminate or otherwise incapacitate the land and waters of the zone. Failure to properly
document these plans to conserve and protect the water, the watershed, the natural resources, and
the land will result in denial of use.
Commercial timber harvesting of more than five (5) acres in Conservation Districts shall have a
written Preharvesting Plan (Forest Management Plan). The purpose of this plan is to reduce soil
erosion and subsequent stream sedimentation through the proper design, layout, construction,
maintenance, and use of Logging roads, Skid roads, and Loading decks used in conjunction with
timber harvesting operations. This plan will be prepared by a professional forester and shall be
submitted to and approved by the Zoning Administrator prior to commencing operations.
SEC. 35-533.-35-544. RESERVED
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ADJOURNMENT
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