12-18-2018 Work Session PKT
BOARD OF SUPERVISORS
WORK SESSION
Tuesday, December 18, 2018 – 4:30 PM
Main Conference Room
County Administration Building, 1 Center Street
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (4:30 PM)
2. ROLL CALL
3. AGENDA ITEMS TO BE ADDED
4. APPROVAL OF AGENDA
For the citizens’ convenience, all Work Session and Committee Meetings are now being
recorded and can be viewed on the same YouTube location as the Board of Supervisor’s
Business Meetings. Please remember that the Board’s Work Session is designed for
internal Board and County Staff communication, discussion, and work. It is not a
question and answer session with the audience. Accordingly, during the Work Session,
no questions or comments from the audience will be entertained. Respectfully, any
outbursts or disorderly conduct from the audience will not be tolerated and may result in
the offending person’s removal from the Work Session. As a reminder, all County
citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted
to make comments under the Hearing of the Citizens’ Section of tonight’s Business
Meeting.
5. PRESENTATIONS
a. FY18 County Audit Presentation (Staff Contact: Kimberly G. Van Der Hyde); (30
minutes)
b. Mis-Assigned Voters Project (Staff Contact: Kelly A. Bailess); (30 minutes)
6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. New Employee Introduction (Staff Contact: Gregory L. Sides); (5 minutes)
b. Next Gen 911 Grant Update (Staff Contact: Christopher C. Slemp); (5 minutes)
c. Discussion of Removal of Dangerous Structure (Staff Contact: Gregory L. Sides);
(15 minutes)
Work Session - December 18, 2018
d. Legislative Committee/Review Update (Staff Contact: J. Vaden Hunt, Esq.); (20
minutes)
e. Other Reports
7. BUSINESS MEETING DISCUSSION ITEMS
8. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: FY18 County Audit Presentation (Staff Contact: Kimberly G. Van Der
Hyde); (30 minutes)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: December 18, 2018 Item Number: 5.a
Attachment(s):
Reviewed By:
Scott Wickham, CPA, with Robinson, Farmer, Cox and Associates, will present the County's
FY2018 Annual Audit Report.
5.a
Packet Pg. 3
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Mis-Assigned Voters Project (Staff Contact: Kelly A. Bailess); (30
minutes)
Staff Contact(s): Kelly A. Bailess
Agenda Date: December 18, 2018 Item Number: 5.b
Attachment(s):
Address Verification
Copy of Missassigned_Voters_Tax_Data
County Line Voting Issue - Layout for Printing
Mis-Assigned Voter Project
Pittsylvania Boundary info letter
Pittsylvania Boundary info
scanner@pittgov.org_20181214_094738
SKM_368e18102415230
SKM_368e18120414460
Reviewed By:
Kelly A. Bailess, Registrar, will present to the Board an update on the mis-assigned voters
project.
5.b
Packet Pg. 4
8145 SOUTH BOSTON HWY
8191 SOUTH BOSTON HWY
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● NGS Benchmark description
● 1997 Address Map Book
Sources against:
● VDOT signage on 58
● Taxed and originally addressed in Pittsylvania
Notes (see map on next page also):
Referencing both the administrative boundary lines from VITA/VGIN as well as the statewide address
database, and our database, these two addresses fall inside HALIFAX County. USGS maps also show the
county boundary as expected, to the west of Wolf Creek. The USGS map shows a NGS benchmark just east
of the boundary line, and the benchmark’s online official description lists it in Halifax County, it’s surroundings
are described as they are seen on aerial photos and Google StreetView, and its coordinates match its location
on the map, providing more evidence that these two addresses are in Halifax County. Finally the county’s own
1997 911 Address Map Book supports, via scaling, the location of the county boundary, although it does not
provide addresses for the houses in question.
The only sources against are that VDOT has a county boundary sign placed near the Wolf Creek bridge which
places those addresses in Pittsylvania County. If the line really was that far east, it would have major
implications north and south, effectively putting VIR in Pittsylvania County. Also, the county line is a straight
line running from SW of VIR, NNE and the odds that it would just happen to cross US 58 at that bridge over
that fairly insignificant creek is very low. In addition, it is a 0.3 mile inconsistency, and it is hard to believe that
large of a mistake would be made in so many places.
The way the signage is shown on 58 makes me think at one time the county boundary was generally thought
to cross at the Wolf Creek Bridge and the VDOT signage (and the county’s welcome signs) were placed in
error. This probably also led to those addresses being assigned by Pittsylvania many years ago, and taxed as
such.
5.b.a
Packet Pg. 5 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
5.b.a
Packet Pg. 6 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
355 DAIRY LN
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● Taxed in Halifax
Sources against:
● None
Notes:
The driveway, to this house (which is also Dairy Ln) originates in Pittsylvania County but the house, and most
of the parcel around it are in Halifax County
5.b.a
Packet Pg. 7 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
5.b.a
Packet Pg. 8 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
6756 ROCKSPRINGS DR
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● Taxed in Halifax
Sources against:
● None
Notes:
The driveway, to this house (which is also Dairy Ln) originates in Pittsylvania County but the house, and most
of the parcel around it are in Halifax County
5.b.a
Packet Pg. 9 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
3168 HACKBERRY RD
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● Taxed in Halifax
● VDOT county line sign to south supports the boundary
Sources against:
● None
Note:
This house is located on Hackberry Road which meanders back and forth across the county line, but this
section is in Halifax County.
5.b.a
Packet Pg. 10 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
3105 HACKBERRY RD
3109 HACKBERRY RD
3115 HACKBERRY RD
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● VDOT county line sign to south supports the boundary
Sources against:
● None
Note:
These houses are located on Hackberry Road which meanders back and forth across the county line, but this
section is in Halifax County.
5.b.a
Packet Pg. 11 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
3067 HACKBERRY RD
3071 HACKBERRY RD
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● 3071 is taxed in Halifax County
● VDOT county line sign to south supports the boundary
Sources against:
● None
Note:
These houses are located on Hackberry Road which meanders back and forth across the county line, but this
section is in Halifax County.
2232 HACKBERRY RD
5.b.a
Packet Pg. 12 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● Taxed in Halifax County
● VDOT county line sign to south supports the boundary
Sources against:
● None
Note:
These houses are located on Hackberry Road which meanders back and forth across the county line, but this
section is in Halifax County.
3501 KERNS CHURCH RD
3507 KERNS CHURCH RD
3509 KERNS CHURCH RD
IN HALIFAX COUNTY
Sources that support these addresses being in Halifax:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map
● Halifax County GIS & 911 data
● USGS topo map
● 1997 Address Map Book
● 3507 & 3509 are taxed in Halifax County
Sources against:
● None
5.b.a
Packet Pg. 13 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
Note:
These houses are located on Hackberry Road which meanders back and forth across the county line, but this
section is in Halifax County.
5.b.a
Packet Pg. 14 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
3861 KERNS CHURCH RD - IN HALIFAX COUNTY
3729 KERNS CHURCH RD - IN PITTSYLVANIA COUNTY
3777 KERNS CHURCH RD - IN PITTSYLVANIA COUNTY
3825 KERNS CHURCH RD - IN PITTSYLVANIA COUNTY
Sources that support the above locations:
● The administrative county boundary GIS layer published by VITA/VGIN
● Pittyslvania County's online GIS map (supports 3825, 3729, & 3861)
● Halifax County GIS & 911 data
● Taxed in Halifax County
Sources against:
● The County line on Pittsylvania County’s GIS is located slightly to the west of the line we use in Halifax,
which is the VITA/VGIN statewide administrative boundaries, so 3777 on the Pittsylvania Map is too
close to call.
Note:
The 3 houses (3729, 3777, and 3825) are just barely in Pittsylvania County according to how the county line is
drawn in the VITA/VGIN layer. In this area the space between the county boundary, road, and houses is too
small to show up on the USGS map or the old 911 maps.
Also, earlier when I sent a map of this area in email, I was mistakenly displaying an older version of the county line and no t the proper
VITA/VGIN Adminstrative Boundary layer. The difference did not affect the results, though.
5.b.a
Packet Pg. 15 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
5.b.a
Packet Pg. 16 Attachment: Address Verification (1382 : Mis-Assigned Voters Project)
Address Tax Map Number Survey Map Owner Research Results Voter Registratrion Data Registered Voters
Henry County 3900 Mosco RD 1430-56-4369 MB43-59G William C Hall Jr Survey map (1992) shows property located Pittsylvania County Located in Co. Border, stayed in Pitt Co.
Bradley Amos, Carol Amos, Rodney Amos,
William Hall Jr.
Henry County 3992 Mosco RD 1430-56-2462 MB43-59G Shirley Wimmer Survey map (1992) shows property located Pittsylvania County Located in Co. Border, stayed in Pitt Co. Shirley Wimmer
Henry County 941 Retreat DR
1431-89-1647 LR11/04872 James F Dolan
Survey map no county lines/old tax map shows split
- majority Henry County but we are assessing house Located in Co. Border, stayed in Pitt Co. James Dolan
Henry County 1045 Retreat DR
1432-71-9058 B505-478 L C Carter & Rubenia
1968 survey map recorded showing Pittsylvania County old tax
maps show in Henry county we are assessing house and mobile
home Located in Co. Border, stayed in Pitt Co. Shirley Watkins
Henry County 1049 Retreat DR
1432-71-9058 L C Carter & Rubenia
1969 survey map recorded showing Pittsylvania County old tax
maps show in Henry county we are assessing house and mobile
home Located in Henry Co. - Transferred Eva Carter
1053 Retreat DR
1432-71-9356 MB41-13 Laverne L Carter
1988 survey recorded showing Pittsylvania County
old tax maps appear to be in Henry County-we are
assessing residence here Located in Henry Co. - Transferred Lavern L. Hampton
Henry County 1426 Barn RD
1445-45-2089 MB43/211L Carl S & Kathy Reynolds
1998 survey recorded Henry Co & Pittsylvania county Note:
House & MH assessed in Henry County Located in Henry Co. - Transferred
Lindsey C Moschler, Paul A Moschler, Sherry
R Moschler
Franklin County 195 Wells LN 1447-97-9445 MB43-118H James Wells Jr 14.63 Acres assessed in Franklin co with residence Located in Franklin Co. Transferred James Wells Jr.
Halifax County 8145 South Boston HWY
2377-52-1276
DB1209-644
MB43/270L Charles & Rachel Terry
2000 survey recorded Pittsylvania County/old tax maps reflect
Pittsylvania County/location map on survey indicates
Pittsylvania Located in Halifax Co - Transferred Charles & Rachel Terry
Halifax County 8191 SOUTH BOSTON HWY
2377-62-0151 B84-669 Roger Lee Burdette Jr
1991 Survey recorded Pittsylvania County/old county tax maps
show Halifax but on Pitts side of highway county line Located in Halifax Co. Transferred None
Halifax County 6756 Rocksprings RD 2378-60-4356 B43-273L Thomas & Jean Roch
2000 Survey shows property split note states log
cabin & other buildings assessed Halifax Located in Halifax Co. Transferred Jean E Koch, Thomas E Koch
Halifax County 3105 Hackberry RD 2378-87-3630 DB259-279 Wilmoth Jones Et als
1927 survey-no county lines shown/old tax maps reflect
Pittsylvania County(3097 & 3105 Hackberry)Located in Halifax Co. Transferred Teddy W Crihfield
Halifax County 3109 Hackberry RD 2378-73-5427 DB580-688 Linda Harris & Willie Fletcher
1973 Survey shows Pittsylvania County/old tax map
shows Pittsylvania County Located in Halifax Co. Transferred Mildred Fletcher, Tarniscah White
Halifax County 3115 Hackberry RD 2378-73-5616 DB1092-128 Jene Richardson
1997 Survey shows Pittsylvania County/old tax maps reflect
Pittsylvania County Located in Halifax Co. Transferred
Brittany Richardson, Jene Richardson,
Raven Richardson, Wanda R Richardson
Halifax County 3067 Hackberry RD
2378-72-0736 551-5 Thomas & Betty Brandon
1972 Survey shows Pittsylvania County/old tax map
shows Pittsylvania County Located in Halifax Co. Transferred
Ladonica Brandon, Steven D Brandon,
Darius Brooks, Jermaka Brooks, Lisa
Brooks, Michael R Miller, Jr.
Halifax County 3501 Kerns Church RD 2379-92-1500 B43-308J James W Cameron
2001 Survey shows Pittsylvania county (shows county lines) Old
tax maps show Pittsylvania county Located in Halifax Co. Transferred
Bionca M Brooks, Ella Cameron, James
Cameron
Halifax County 3509 Kerns Church RD 2379-92-5988 B44-176C James N Brooks Fannie Cobbs
2003 Survey shows split between 2 counties note states double
wide and single wide assessed in Halifax county Located in Halifax Co. Transferred Isaac Keene, Doris Thompson
Halifax County 3861 Kerns Church RD 2378-88-7937 Reference that adjoining county is assessing Located in Halifax Co. Transferred Jennifer Richardson, Julian Richardson
Halifax County 3729 Kerns Church RD 2378-88-7937 Reference that adjoining county is assessing Located in Pitt Co. Stayed in Pitt Co.Cynthia Hood, Keith Hood
Halifax County 145 Railroad TRL 2378-74-1166 DB1144-437 Oakdale Associates
1999 Survey shows Pittsylvania County/old tax maps showed
Pittsylvania County Located in Halifax Co. Transferred Frances Brooks, James Brooks
Halifax County 157 Railroad TRL 2378-63-4921 (?)Champ Anderson
2000 Survey shows Pittsylvania County/old tax maps showed
Pittsylvania County Located in Halifax Co. Transferred Tony Jermone Edmonds, Sr.
5.b.b
Packet Pg. 17 Attachment: Copy of Missassigned_Voters_Tax_Data (1382 : Mis-Assigned Voters Project)
11
4
14
10
3
2
1
6
5
8
9
7
1312 15
16
17
&&&&8145
8191
SOUTH BOSTON HWY
HACKBERRY RD
355 DAIRY LN
6756
ROCKSPRINGS
RD
3067
3071
3105
3109
3115
RAILROAD TRL
145
HACKBERRY RD2232 HACKBERRY RD
3168 HACKBERRY RD
157
KERNS CHURCH RD
35013861 KERNS
CHURCH RD
3507
3509
WOLF
CREEK
BRIDGE
Addresses shown are based on aerial
photo location of house, overlaid on an
official US CENSUS BLOCK MAP
(Required source of County Boundary for
Voting Purposes)
1. 8145 SOUTH BOSTON HWY
2. 8191 SOUTH BOSTON HWY
3. 355 DAIRY LN
4. 6756 ROCKSPRING RD
5. 3067 HACKBERRY RD
6. 3071 HACKBERRY RD
7. 3105 HACKBERRY RD
8. 3109 HACKBERRY RD
9. 3115 HACKBERRY RD
10. 2232 HACKBERRY RD
11. 3168 HACKBERRY RD
12. 145 RAILROAD TRL
13. 157 RAILROAD TRL
14. 3861 KERNS CHURCH RD
15. 3501 KERNS CHURCH RD
16. 3507 KERNS CHURCH RD
17. 3509 KERNS CHURCH RD
ROCKSPRINGS RD
HACKBERRY RDKERNS CHURCH RDCOUNTYBOUNDARY$5.b.c
Packet Pg. 18 Attachment: County Line Voting Issue - Layout for Printing (1382 : Mis-Assigned Voters Project)
Mis-Assigned Voter Project
The State Board of Elections created an initiative to identified and correct district discrepancies in the House of
Delegates or State Senate districts. The Voter Registration Office received a list of 311 addresses for further
investigation with instructions for appropriate action based on the evidence found.During the investigation, several
addresses on the county border were discovered to physically be in adjoining localities based off the US Census maps.
By law, once we know of a registration discrepancy we are required to correct the registration records to reflect the
true residency as the code stipulates. (see 24.2-303.3-24.2-304.03 and 24.2-114, section 6)
Pittsylvania County| Voter Registration & Elections Department| Kelly Bailess
5.b.d
Packet Pg. 19 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Project Goals
▪To identify voting district discrepancies and correct them accordingly.
see 24.2-303.3-24.2-304.03 and 24.2-305 –In reference to all election boundary
lines.
see 24.2-114, section 6 –“… Registrars shall process registration applications and
requests for transfer or change of address from residents of other localities and cities
in accordance with written instructions from the State Board and shall forward the
completed application or request to the registrar of the applicants residence.
Notwithstanding the provisions of 24.2-416, the registrar of the applicants residence
shall recognize as timely any application or request for transfer or change of address
submitted to any person authorized to receive voter registration applications pursuant
to Chapter 4, prior to or on the final day of registration.”
5.b.d
Packet Pg. 20 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Description
▪Six separate Maps and data were used to determine where each of
the 311 households physically were located within each Election
District. i.e. Congressional, Senate, House, GIS Pittsylvania County,
Halifax Planning Commission, 2010-2011 US Census Data.
▪The data showed that we had several Senate and/or House of
Delegate district discrepancies to be corrected.
▪The data also determined there were 34 registered voters that were
incorrectly registered in Pittsylvania County. Out of the 34 only 10
homes pay Pittsylvania County taxes.
5.b.d
Packet Pg. 21 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Description
▪34 Voters out of 589 were incorrectly registered in the wrong locality.
–1 Voter –Franklin County
–2 Voters -Henry County
–31 Voters -Halifax County
–All voters were transferred to the correct locality for voting. They received a letter of
notice along with their new voting location information. Furthermore a letter was
included to explain why they were transferred and that this was strictly for voting
purposes. The letter that was sent to the citizens is included in your packet.
–A Citizens meeting was held on December 15th at Dan River High school to continue
to educate and address voting concerns. The letter that was sent to the citizens is
included in your packet.
5.b.d
Packet Pg. 22 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
A clear copy of this map is in your packet
5.b.d
Packet Pg. 23 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Voter Data
▪2018 election, 34 Transferred Voters
▪22 Voted in Halifax, 0 in Pittsylvania County with no known issues, or calls from
Election Day. Also, in your packet is the proof that no one from Mr. Brandon’s house
hold voted in Pittsylvania County.
▪1 Voted in Franklin County , 0 in Pittsylvania County with no known issues
▪2 Voted in Henry County , 0 in Pittsylvania County with no known issues
5.b.d
Packet Pg. 24 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Related Documents
▪Also included in your packet is the letter from the Clerk of Court’s
deed room in regards to the county boundary line.
▪Hening’s Statute –The only written description of the county
boundary.
▪A Spreadsheet –Lists all the addresses, names of citizens with
protentional tax discrepancies of those affected by this project.
5.b.d
Packet Pg. 25 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
Moving Forward
▪There are four state mandated belief systems for each entity:
–E911, Taxes, School, and Voting.
▪Each have their own requirements by law and none of them match.
▪In order to get all four belief systems on the same guidelines that
requires an act of the general assembly.
5.b.d
Packet Pg. 26 Attachment: Mis-Assigned Voter Project (1382 : Mis-Assigned Voters Project)
5.b.e
Packet Pg. 27 Attachment: Pittsylvania Boundary info letter (1382 : Mis-Assigned Voters Project)
5.b.e
Packet Pg. 28 Attachment: Pittsylvania Boundary info letter (1382 : Mis-Assigned Voters Project)
5.b.f
Packet Pg. 29 Attachment: Pittsylvania Boundary info (1382 : Mis-Assigned Voters Project)
5.b.f
Packet Pg. 30 Attachment: Pittsylvania Boundary info (1382 : Mis-Assigned Voters Project)
5.b.f
Packet Pg. 31 Attachment: Pittsylvania Boundary info (1382 : Mis-Assigned Voters Project)
5.b.g
Packet Pg. 32 Attachment: scanner@pittgov.org_20181214_094738 (1382 : Mis-Assigned Voters Project)
5.b.g
Packet Pg. 33 Attachment: scanner@pittgov.org_20181214_094738 (1382 : Mis-Assigned Voters Project)
5.b.g
Packet Pg. 34 Attachment: scanner@pittgov.org_20181214_094738 (1382 : Mis-Assigned Voters Project)
5.b.h
Packet Pg. 35 Attachment: SKM_368e18102415230 (1382 : Mis-Assigned Voters Project)
5.b.i
Packet Pg. 36 Attachment: SKM_368e18120414460 (1382 : Mis-Assigned Voters Project)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: New Employee Introduction (Staff Contact: Gregory L. Sides); (5
minutes)
Staff Contact(s): Gregory L. Sides
Agenda Date: December 18, 2018 Item Number: 6.a
Attachment(s):
Reviewed By:
Gregory L. Sides, Assistant County Administrator, will introduce the new Pet Center Director,
James McLaughlin, to the Board.
6.a
Packet Pg. 37
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Next Gen 911 Grant Update (Staff Contact: Christopher C. Slemp); (5
minutes)
Staff Contact(s): Chris C. Slemp
Agenda Date: December 18, 2018 Item Number: 6.b
Attachment(s):
Reviewed By:
Christopher C. Slemp, Director of Public Safety, will present to the Board a Next Gen 911 Grant
Update. This item will also be on the Business Meeting's Agenda for potential Board action.
6.b
Packet Pg. 38
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Discussion of Removal of Dangerous Structure (Staff Contact: Gregory
L. Sides); (15 minutes)
Staff Contact(s): Gregory L. Sides
Agenda Date: December 18, 2018 Item Number: 6.c
Attachment(s):
Property Card - 2329-69-0181
Rt 29 house
Route 29 house owner
Remove house on US 29 - quote
Reviewed By:
Gregory L. Sides, Assistant County Administrator, will discuss with the Board the potential
removal of a dangerous structure located on U.S. Rt. 29. Attached please find documentation
detailing associated costs and other related issues.
6.c
Packet Pg. 39
6.c.a
Packet Pg. 40 Attachment: Property Card - 2329-69-0181 (1428 : Discussion of Removal of Dangerous Structure)
6.c.a
Packet Pg. 41 Attachment: Property Card - 2329-69-0181 (1428 : Discussion of Removal of Dangerous Structure)
6.c.b
Packet Pg. 42 Attachment: Rt 29 house (1428 : Discussion of Removal of Dangerous Structure)
6.c.c
Packet Pg. 43 Attachment: Route 29 house owner (1428 : Discussion of Removal of Dangerous Structure)
6.c.d
Packet Pg. 44 Attachment: Remove house on US 29 - quote (1428 : Discussion of Removal of Dangerous Structure)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Legislative Committee/Review Update (Staff Contact: J. Vaden Hunt,
Esq.); (20 minutes)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: December 18, 2018 Item Number: 6.d
Attachment(s):
11-29-2018 Legislative Committee Agenda
Legislative Committee Mtg. Agenda Item A
Legislative Committee Mtg. Agenda Item B
Legislative Committee Mtg. Agenda Item C
Legislative Committee Mtg. Agenda Item D
Legislative Committee Mtg. Agenda Item E
Legislative Committee Mtg. Agenda Item F
Legislative Committee Mtg. Agenda Item G
Legislative Committee Mtg. Agenda Item H
Legislative Committee After Action Report
Reviewed By:
J. Vaden Hunt, Esq., County Attorney, will brief/update the Board on Legislative Committee
discussion items.
6.d
Packet Pg. 45
LEGISLATIVE COMMITTEE
Pittsylvania County Board of Supervisors
4:30 p.m.; Thursday, November 29, 2018
Main Conference Room
County Administration Building
1 Center Street
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (4:30 p.m.)
2. ROLL CALL
3. APPROVAL OF AGENDA
4. REVISIONS/ADDITIONS TO AGENDA
5. NEW BUSINESS:
a) Discussion of Potential Revision to Elderly and Indigent Partial Real Estate
Tax/Solid Waste Fee Exemptions
7.
b)
c)
d)
Discussion of Potential Revision to County Code Allowing Late (with Penalty)
Land Use Application Filing
Discussion of Potential Revisions to BOS Bylaws
Discussion/Review of Proposed Legislative Priority List and Discussion of
Potential Retention of Lobbyist for 2019 Virginia General Assembly Session(s)
e) Discussion of Potential Revision to Noise Ordinance
Discussion of Potential Nuisance Animals Ordinance
g) Discussion of Potential Grass and Weeds Ordinance
h) Discussion of Potential Revisions to Inoperable Vehicles Ordinance
MATTERS FROM COMMITTEE MEMBERS
ADJOURNMENT
6.d.a
Packet Pg. 46 Attachment: 11-29-2018 Legislative Committee Agenda (1432 : Legislative Committee/Review Update)
e'
P s -
the Veterans Administration or the Railroad Retirement Board, or if such person is not eligible for
certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to
practice medicine in the Commonwealth of Virginia, to the effect that such person is permanently
and totally disabled. The davit of at least one such doctor shall be based upon a physical
examination of such person by such doctor. The affidavit of one such doctor may be based upon
medical information contained in the records of the Civil Service Commission which is relevant
to the standards for determining permanent and total disability, as defined herein.
D. The fact that persons who are otherwise qualified for tax exemption aze residing in hospitals,
nursing homes, convalescent homes, or other facilities for physical or mental care for extended
periods of time shall not be construed to mean that the real estate for which ta c exemption or
deferral is sought does not continue to be the sole dwelling of such person during such extended
periods of other residence so long as such real estate is not used by or leased to others for
consideration.
4. Exemption.
a) The exemption shall be as follows:
Total Income from All Sources
0 to $10,000
10,001 to $11,000
11,001 to $12,000
12,001 to $13,000
13,001 to $14,000
14,001 to $15,000
15,001 to $16,000
16,001 to $18,000
Ta c Exemntion
90%
80%
70%
60%
50%
40%
30%
20%
b) The total annual exemptions shall not exceed three-hundred ($300.00) dollars.
E
u
c) The tax exemption herein permitted may be granted for any year following the year of the
ta cpayer occupying such dwelling and owning title or partial title thereto reaches the age of sixty-
five (65) years or is determined to be permanently and totally disabled.
d) If the ownership of the property for which application for exemption is made is not held solely
by the applicant, or jointly with the applicant's wife, then the amount of the tau exemption
percentage as provided for herein shall be in proportion to the applicant's ownership interest.
5. Changes - Ownership income or financial worth.
Any change in respect of total combined income, net combined financial worth, ownership of the
dwelling exempted, or other factors, which occur during the taxable year for which the affidavit is
Page of 4
1
6.d.b
Packet Pg. 47 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
r .
Y t ", ,
x' ,.:•,1
6.d.b
Packet Pg. 48 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
2018 Stats for Elderiy & Disabled
254 Applications received
233 Qualified - Real Levy Exempt -$37,764.18
21 Not Qualified
Personal Levy - $616.39 total - $38,381.
RE Elderly All localities
Cumberland Income-16,000 100,000 Net Worth (exclude 1 acre)
Henry Income-17,000 50,000 Net Worth (exclude 1 acre)
My Suggestion:
Income: 25,000 Net Worth: 65,000 (exclude house and 1 acre)
Exemption amounts:
Totallncome: Exemption
0 — $15,400 100'Yo
15,401- $16,600 909 0
16,601- $17,800 80%
17,801- $19,000 709 0 p S
19,001- $20,200 60% '
20,201- $21,400 50%
21,401- $22,600 40%
22,601- $23,800 30%
23,801- $25,000 20Y
Making the assumption — if all the 2018 applicants were at the $18,000 income limit, the new
calculations for tax relief would exempt $13,954,220 (value) x.62 =$86,516.16 (levy)
3
6.d.b
Packet Pg. 49 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Income c Poverty — i'ittsvlvania t:ounty
Median household income (in 2016 dollars), 2012-2016
Per capita income in past 12 months (in 2016 dollars), 2012-2016
Persons in poverty, percent
C AN p1.5, A u 5 Il
43,087
22,650
13.6%
6.d.b
Packet Pg. 50 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
1
T
I
01 ' ,
t- !' - :z't.,, , , '
a.
f / - u ,
l .- al'
I
I
1
i
i _
ii _ .
i
1
xa
i
7
i .. . - . . .
i: .. . . . . .
1 . . _ _ _ _. - . . .
A
i _
6.d.b
Packet Pg. 51 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 52 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
ucotne & Poverty — Pit[sylvania County
Median household income (in 2016 dollars), 2012-2016 43,087
Per capita income in past 12 months (in 2016 dollars), 2012-2016 $22,650
Persons in poverty, percent
5
13.6%
6.d.b
Packet Pg. 53 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 54 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
FY ZO1H INCOME LIMITS DOCUMENTATION SYSTEM
HUD.aov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database
FY 2018 Income Limits Summary
Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of
the various parameters.
Median
FY 2018 Family
Income Limit Income
Area
Explanation
Pittsylvania
County-
Danville
city, VA
HUD
Nonmetro
FMR Area
Oo
51,300
S°
FY 2018
Income Limit
Category
Very Low
50%)
Income
Limits ($
Explanatio
Extremely
Low Income
Limits ($)*L
Explanation
Low (80%)
Income
Limits ($)
Explanation
Persons in Family
1 2 j 3 4 5 6 7 8
i
19,60' z2,400 25,200 27,950 30,200 32,450 34,700 36,900
12,140 16,4 i0:20,780 25,100 29,420 32,450* 34,700* 36,900
1,300 35,$p 40,250 44,700 48,300 51,900 55,450 59,050
The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the
greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established
bv the Deoartment of Health and Human Services (HHS, provided that this amount is not greater than the
Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low
50%) income limits.
Income Limit areas are based on FY 2018 Fair Market Rent (FMR) areas. For information on FMRs, please see
our associated FY 2018 Fair Market Rent documentation system.
For last year's Median Family Income and Income Limits, please see here:
FY2017 Median Family Income and Income limits for Pittsylvania County-Danville city; VA HUD Nonmetra FMR Area
Select a different county or county equivalent in Select any FY2018 HUD Metropolitan FMR Area's
Virginia: Income Limits:
Pittsylvania County Abilene, TX MSA _ v
6.d.b
Packet Pg. 55 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Housing Choice Voucher Program Section 8
Am I eligible?
Eligibility for a housing voucher is determined by the PHA based on the total annual gross income and family size
and is limited to US citizens and specified categories of non-citizens who have eligible immigration status. In
general, the family's income rCay not. ezc ed 50'0 of the median income for the coun°or metropolitan area in
which the fami y chooses to live. By law, a PHA must provide 75 percent of its voucher to applicants whose
incomes do not exceed 30 percent of the area median income. Median income levels are published by HUD and
vary by location. The PHA serving your community can provide you with the income limits for your area and
family size.
During the application process, the PHA will collect information on family income, assets, and family composition.
The PHA will verify this information with other local agencies, your employer and bank, and will use the
information to determine program eligibility and the amount of the housing assistance payment.
If the PHA determines that your family is eligible, the PHA will put your name on a waiting list, unless it is able
to assist you immediately. Once your name is reached on the waiting list, the PNA will contact you and issue to
you a housing voucher.
0
6.d.b
Packet Pg. 56 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Co Real
1053078 TRE 20,500
2881 TRE 26,000
85502 TRE 22,500
169941 TRE 12,000
36539 TRE 14,000
779969 TRE 28,400
84361 TRE 64,800
931255 TRE 20,300
24895 TRE 9,500
43162 TRE 18,800
86852 TRE 15,000
1523191 TRE 16,500
781972 TRE 21,500
17683 TRE 49,100
23518 TRE 18,000
25562 TRE 52,500
7523 TRE 15,600
40694 TRE 24,900
23989 TRE 24,900
610508 TRE 62,700
79178 TRE 42,400
50117 TRE 15,500
604517 TRE 16,500
728395 TRE 17,000
49473 TRE 68,500
389148 TRE 69,500
94011 TRE 74,200
102236 TRE 51,500
544708 TRE 82,600
72089 TRE 54,200
59272 TRE 86,200
41620 TRE 70,200
601183 TRE 25,000
100722 TRE 62,200
23740 TRE 109,400
930911 TRE 46,800
72276 TRE 38,600
20132 TRE 29,700
1330 TRE 43,700
727989 TRE 33,100
611109 TRE 75,600
127 TRE 76,000
781494 TRE 37,600
1523906 TRE 29,900
89672 TRE 59,600
27454 TRE 39,900
Personal
2018 Elderly Disabled
Real Estate - Eiderly
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Exempt
2,400
3,400
5,400
5,750
5,850
6,300
7,062
8,500
8,550
9,000
9,000
9,100
9,500
9,700
10,200
10,500
10,500
12,000
12,450
12,540
12,720
13,050
13,500
13,600
13,700
13,800
14,840
14,970
15,720
16,260
17,240
17, 310
17,500
18,480
18,520
18,720
19,300
19,380
19,665
19,860
20,250
22,800
22,820
23,520
23,840
23,940
Levy Exempted
14.88
21.08
33.48
35.65
36.27
39.06
43.78
52.70
53.01
55.80
55.80
56.42
58.90
60.14
63.24
65.10
65.10
74.40
77.19
77.75
78.86
80.91
83.70
84.32
84.94
85.56
92.01
92.81
97.46
100.81
106.89
107.32
108.50
114.58
114.82
116.06
119.66
120.16
121.92
123.13
125.55
141.36
141.48
145.82
147.81
148.43
Tax Value
18,100
22,600
17,100
6,250
8,150
22,100
57,738
11,800
950
9,800
6,000
7,400
12,000
39,400
7,800
42,000
5,100
12,900
12,450
50,160
29,680
2,450
3,000
3,400
54,800
55,700
59,360
36,530
66,880
37,940
68,960
52,890
7,500
43,720
90,880
28,080
19,300
10,320
24,035
13,240
55,350
53,200
14,780
6,380
35,760
15,960
Levy Due
112.22
140.12
106.02
38.75
50.53
137.02
357.98
73.16
5.89
60.76
37.20
45.88
74.40
244.28
48.36
260.40
31.62
79.98
77.19
310.99
184.02
15.19
18.60
21.08
339.76
345.34
368.03
226.49
414.66
235.23
427.55
327.92
46.50
271.06
563.46
174.10
119.66
63.98
149.02
82.09
343.17
329.84
91.64
39.56
221.71
98.95
6.d.b
Packet Pg. 57 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
2018 Elderly Disabled
Real Estate - Elderly
Seq Exempt Co Real Personal Exempt Levy Exempted
72824 TRE 59,700 0 24,193 150.00
86903 TRE 81,700 0 24,193 150.00
607753 TRE 61,400 0 24,194 150.00
1123284 TRE 50,200 0 24,200 150.04
728302 TRE 83,900 0 24,510 151.96
87367 TRE 63,100 0 25,000 155.00
14285 TRE 42,800 0 25,380 157.36
63707 TRE 55,100 0 26,750 165.85
46694 TRE 164,600 0 27,760 172.11
44619 TRE 71,600 0 28,320 175.58
61563 TRE 71,300 0 28,520 176.82
665369 TRE 73,000 0 28,800 178.56
99859 TRE 73,200 0 28,960 179.55
62373 TRE 32,800 0 29,070 180.23
54274 TRE 33,300 0 29,520 183.02
604317 TRE 100,400 0 29,910 185.44
2383 TRE 43,700 0 30,030 186.19
16987 TRE 76,800 0 30,400 188.48
4230 TRE 53,700 0 30,600 189.72
76171 TRE 62,800 0- 30,650 190.03
604913 TRE 153,800 0 30,680 190.22
58255 TRE 53,200 0 31,020 192.32
67154 TRE 78,000 0 31,200 193.44
53871 TRE 45,800 0 32,060 198.77
606281 TRE 40,300 0 32,240 199.89
1126092 TRE 90,800 0 32,240 199.89
61811 TRE 42,100 0 33,680 208.82
605924 TRE 114,000 0 33,750 209.25
94368 TRE 65,300 0 33,780 209.44
169559 TRE 44,200 0 33,920 210.30
77911 TRE 40,400 0 35,640 220.97
544452 TRE 53,000 0 36,240 224.69
24381 TRE 41,100 0 36,450 225.99
833822 TRE 50,100 0 36,880 228.66
99202 TRE 92,300 0 36,920 228.9p
26076 TRE 93,600 0 37,440 232.13
387396 TRE 65,500 0 38,070 236.03
43888 TRE 64,900 0 38,340 237.71
664841 TRE 42,900 0 38,430 238.27
84772 TRE 45,700 0 38,430 238.27
50390 TRE 134,400 0 39,240 243.29
21103 TRE 47,300 0 39,420 244.40
611222 TRE 68,400 0 40,440 250.73
81326 TRE 58,700 0 40,530 251.29
76891 TRE 73,000 0 40,560 251.47
609594 TRE 104,600 0 40,600 251.72
0
Tax Value Levy Due
35,507 220.14
57,507 356.54
37,206 230.68
26,000 161.20
59,390 368.22
38,100 236.22
17,420 108.00
28,350 175.77
136,840 848.41
43,280 268.34
42,780 265.24
44,200 274.04
44,240 274.29
3,730 23.13
3,780 23.44
70,490 437.04
13,670 84.75
46,400 287.68
23,100 143.22
32,150 199.33
123,120 763.34
22,180 137.52
46,800 290.16
13,740 85.19
8,060 49.97
58,560 363.07
8,420 52.20
80,250 497.55
31,520 195.42
10,280 63.74
4,760 29.51
16,760 103.91
4,650 28.83
13,220 81.96
55,380 343.36
56,160 348.19
27,430 170.07
26,560 164.67
4,470 27.71
7,270 45.07
95,160 589.99
7,880 48.86
27,960 173.35
18,170 112.65
32,440 201.13
64,000 396.80
6.d.b
Packet Pg. 58 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Co Real
487688 TRE 68,600
489851 TRE 67,100
604518 TRE 58,500
608851 TRE 85,200
386614 TRE 107,100
1125510 TRE 107,300
71501 TRE 49,000
57534 TRE 88,100
780538 TRE 64,800
62712 TRE 76,600
665828 TRE 53,000
835362 TRE 52,200
544912 TRE 95,700
22879 TRE 79,700
84474 TRE 145,900
11835 TRE 65,000
8810 TRE 109,500
388720 TRE 82,600
12940 TRE 84,000
67222 TRE 55,200
611094 TRE 83,300
389338 TRE 69,200
610268 TRE 161,400
608478 TRE 145,600
50054 TRE 135,500
665278 TRE 104,700
607038 TRE 167,500
995540 TRE 91,800
996302 TRE 65,500
1051210 TRE 139,900
22180 TRE 70,600
487947 TRE 106,300
36025 TRE 77,400
1209 TRE 71,500
489272 TRE 64,400
488780 TRE 75,300
31846 TRE 104,400
86656 TRE 88,200
1053619 TRE 70,000
2241 TRE 103,500
930871 TRE 131,800
27643 TRE 94,000
88073 TRE 117,100
601051 TRE 84,600
604696 TRE 118,100
27993 TRE 90,900
2018 Elderly Disabled
Real Estate - Elderly
Personai
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Exempt
40,860
40,950
40, 950
42,200
42,840
42,920
43, 200
43,300
43,920
45,920
46,350
46,530
46,720
47,820
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
1
Levy Exempted
253.33
253.89
253.89
261.64
265.61
266.10
267.84
268.46
272.30
284.70
287.37
288.49
289.66
296.48
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
Tax Value
27,740
26,150
17,550
43,000
64,260
64,380
5,800
4,800
20,880
30,680
6,650
5,670
48,980
31,880
97,513
16,613
61,113
34,213
35,613
6,813
34,913
20,813
113,013
97,213
87,113
56,313
119,113
43,413
17,113
91,513
22,213
57,913
29,013
23,113
16,013
26,913
56,013
39, 813
21,613
55,113
83,413
45,613
68,713
36,213
69,713
42,513
Levy Due
171.99
162.13
108.81
266.60
398.41
399.16
35.96
277.76
129.46
190.22
41.23
35.15
303.68
197.66
604.58
103.00
378.90
212.12
220.80
42.24
216.46
129.04
700.68
602.72
540.10
349.14
738.50
269.16
106.10
567.38
137.72
359.06
179.88
143.30
99.28
166.86
347.28
246.84
134.00
341.70
517.16
282.80
426.02
224.52
432.22
263.58
6.d.b
Packet Pg. 59 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Co Real Personal
929941 TRE 89,500
664885 TRE 121,700
87041 TRE 85,000
1525393 TRE 96,300
30872 TRE 113,100
26179 TRE 63,700
170137 TRE 153,400
606784 TRE 132,500
606729 TRE 106,000
781826 TRE 73,700
487034 TRE 102,200
1051726 TRE 152,400
29949 TRE 104,500
387592 TRE 123,900
545094 TRE 127,300
102486 TRE 156,000
74467 TRE 79,700
610358 TRE 103,900
94106 TRE 169,800
609217 TRE 123,800
387933 TRE 170,700
1125973 TRE 137,700
61737 TRE 249,500
930169 TRE 106,000
Totals 12,221,300
total Approved 162
Total Maxed 56
2018 Elderly Disabled
Real Estate - Elderly
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Exempt
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48,387
48, 387
48,387
48,387
48,387
48,387
48,387
48,387
74,200
0 5,472,132
Average exemption 33,779 x .62 = $209.43
Levy Exempted
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
300.00
460.04
Tax Value
41,113
73,313
36,613
47,913
64,713
15,313
105,013
84,113
57,613
25,313
53,813
104,013
56,113
75,513
78,913
107,613
31,313
55,513
121,413
75,413
122,313
89,313
201,113
31,800
Levy Due
254.90
454.54
227.00
297.06
401.22
94.94
651.08
521.50
357.20
156.94
333.64
644.88
347.90
468.18
489.26
667.20
194.14
344.18
752.76
467.56
758.34
553.74
1246.90
197.16
33,9 7.22 6,749,168 41,844.84
6.d.b
Packet Pg. 60 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
A B
1 Seq Exempt Code
2 779822 TRD
3 995681 TRD
4 834741 TRD
5 835352 TRD
6 86871 TRD
7 83232 TRD
8 87382 TRD
9 584 TRD
10 64536 TRD
11 34851 TRD
12 606529 TRD
13 995225 TRD
14 69975 TRD
15 601212 TRD
16 83348 TRD
17 67920 TRD
18 609199 TRD
19 69997 TRD
20 833294 TRD
21
22 Totals
23
24
25
2018 Tax Relief Eiderly
RE Qualified as Disabled
C D E F G H
Real Personal Exempt Levy Exempted Tax Value Levy Due
20,000 0 5,100 31.62 14,900 92.38
27,200 0 6,00 40.30 20,700 128.34
58,700 0 8,805 54.59 49,895 309.35
52,900 0 15,870 98.39 37,030 229.59
91,000 0 22,920 142.10 68,080 422.10
90,600 0 24,194 150.00 66,406 411.72
84,400 0 24,720 153.26 59,680 370.02
139,900 0 27,680 171.62 112,220 695.76
85,000 0 30,200 187.24 54,800 339.76
104,200 0 31,110 192.88 73,090 453.16
63,300 0 37,980 235.48 25,320 156.98
94,600 0 46,700 289.54 47,900 296.98
94,800 0 47,400 293.88 47,400 293.88
95,500 0 47,750 296.05 47,750 296.05
119,100 0 48,387 300.00 70,713 438.42
91,000 0 48,387 300.00 42,613 264.20
95,600 0 48,387 300.00 47,213 292.72
56,600 0 48,387 300.00 8,213 50.92
110,600 0 48,387 300.00 62,213 385.72
1,575,000 0 618,864 3,836.96 956,136 5,928.04
26 Total Approved 19
27 Total Maximum 5
28
29 Average Exemption 32,572 x.62 =$201.95
3
6.d.b
Packet Pg. 61 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Co Real
1576526 TRP
1576539 TRP
1576548 TRP
1576528 TRP
1576546 TRP
1576543 TRP
1576535 TRP
1576541 TRP
1576529 TRP
1576547 TRP
1576525 TRP
1576534 TRP
1576542 TRP
1576537 TRP
1527361 TRP
1576538 TRP
1576540 TRP
1576545 TRP
1576544 TRP
1527440 TRP
1576536 TRP
1576533 TRP
1576523 TRP
1527569 TRP
1529998 TRP
1526891 TRP
1576532 TRP
1576530 TRP
1528614 TRP
1529310 TRP
1527448 TRP
1529815 TRP
1529366 TRP
1527454 TRP
1529235 TRP
1530357 TRP
1576527 TRP
1576524 TRP
1528681 TRP
1528592 TRP
1576531 TRP
1529930 TRP
1529029 TRP
1527414 TRP
1526604 TRP
1526793 TRP
Personal
500
300
300
200
500
500
400
500
500
400
500
500
700
480
500
500
800
1,200
1,000
1,500
1,000
1,100
1,100
2,000
1,500
2,900
1,500
1,500
6,500
2,200
2,500
3,600
3,700
3,700
3,100
14, 600
3,740
4,000
6,000
6,500
6,600
10,600
10, 600
10,900
8,600
9,200
2018 Elderly Disabled
Elderly - Personal
Exempt
100
120
180
180
200
250
280
300
300
320
350
350
420
432
450
450
480
480
500
600
700
770
990
1,000
1,050
1,160
1,200
1,200
1,300
1,320
1,750
2,160
2,220
2,220
2,790
2,920
3,366
3,600
3, 600
5,200
5,280
5,300
5,300
6,540
6,880
8,280
Levy Exempted
0.62
0.74
1.12
1.12
1.24
1.55
1.74
1.86
1.86
1.98
2.17
2.17
2.60
2.68
2.79
2.79
2.98
2.98
3.10
3.72
4.34
4.77
6.14
6.20
6.51
7.19
7.44
7.44
8.06
8.18
10.85
13.39
13.76
13.76
17.30
18.10
20.87
22.32
22.32
32.24
32.74
32.86
32.86
40.55
42.66
51.34
Tax Value
400
180
120
20
300
250
120
200
200
80
150
150
280
48
50
50
320
720
500
900
300
330
110
1000
450
1740
300
300
5200
880
750
1440
1480
1480
310
11680
374
400
2400
1300
1320
5300
5300
4360
1720
920
Levy Due
2.48
1.12
0.74
0.12
1.86
1.55
0.74
1.24
1.24
0.50
0.93
0.93
1.74
0.30
0.31
0.31
1.98
4.46
3.10
5.58
1.86
2.05
0.68
6.20
2.79
10.79
1.86
1.86
32.24
5.46
4.65
8.93
9.18
9.18
1.92
72.42
2.32
2.48
14.88
8.06
8.18
32.86
32.86
27.03
10.66
5.70
6.d.b
Packet Pg. 62 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Co Real
1529691 TRP
1525765 TRP
Totals
Total approved 48
Total Maxed 0
2018 Elderly Disabled
Elderly - Personal
Personal Exempt Levy Exempted Tax Value Levy Due
11,100 8,880 55.06 2220 13.76
21,600 12,960 80.35 8640 53.57
152,120 93,718 581.05 67,042 415.66
Average Exemption 1,952 x .62 = $12.10
s
6.d.b
Packet Pg. 63 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Seq Exempt Code Real
1576551 TRPD
1576552 TRPD
1532906 TRPD
1529720 TRPD
Totals
Total Approved 4
Tota) Maxed 0
2018 Elderly Disabled
Personal - Disabled
Personal Exempt Levy Exempted Tax Value Levy Due
200 200 1.24 0 0.00
600 600 3.72 0 0.00
5,000 4,900 30.38 100 0.62
12,100 8,470 52.51 3630 22.51
5,800 5,700 35.34 3730 23.13
Average Exemption 1,425 x .62 = $8.84
6.d.b
Packet Pg. 64 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
f ble 3.1
M al Properfy Owner Tax Relief Plans fof the Elderly and Disabled, 2017
Combined Combined
litv Gross Income Net Worth Relief Plan/Exemptior
Ni s (Note: Ail cities responded to the survey. Those that answered "not appiicable" for all items in tnts 8re exauucu.
00 relief to all qualified householders.
a,.,. , ,,,..o
exc udes io acres - :,,., - .,..,.,., ,- . ., ..., • •_-,-- .
Income 25 000 50 000 75.000 100 000 125.000
0 -12,500 100% 80% 609 0 40% 20%
12,501- 25,000 809/0 64% 48% 32%0 16%
25,001- 37,500 60°Lo 48% 36% 24% 12%
37,501 - 50,000 40% 32% 24% 16% 8%
a-. . ,.__,,..,:-, :.,..,U,..v-n..a:?=•,_x._:-x.ss...::r sn.:;'ai:
6.d.b
Packet Pg. 65 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
i
l.
i .
j..
t;. _
v.
Table 3.1 Real Property Owner Tax Relief Plans for the Elderiy and Disabled, 2017 (continued)
Combined Combined
Locality Gross Income Net Worth _ Relief PIaNExemption
exdudes 1 acre $0 - 30,000 100%
30,001- 40,000 80%
40,001- 50,000 60%
Maximum: $1,500) •
My taxes over exempt amount may be deferred.
200,000 _ Income Exemption
exdudes 10 acres $0 - 25,000 100%
25,001- 27,000 75%
27,001- 29,000 50%
29,001- 31,000 25%
Z nn _n nnn .,,.,., c,,,.-.,. „_ a,.r.._._.. _
r•• v.+,..w, w,wu income txem ion
4,OQ0 exemption for excludes 1 acxe $0 - 18,500 1009'0
each non-spousal relative 18,501- 32,500 50`Yo
l£ .
ri
E . .
42
excludes 1 acxe
o Povertv 96 R_lia lasc 1 laac 9 lacc Iaac d
150 100 $0 - 17,655 $0 - 23,895 $0 - 23,895 $0 -30,135
151-175 100 17,655 - 20,598 23,895 - 27,878 23,895 - 27,878 30,135 - 32,500
176-200 100 20,598 - 23,540 27,878 - 31,860 27,878 - 31,860 N/A201-225 1p0 23,540 - 26,483 31,860 - 32,500 31,860 - 32,500 N/A
226-250 100 26,483 - 29,425 N/A N/A N/A
251-275 100 29,425 - 32,368 N/A N/A N/A
Ciass 1; applicant (poverty income $11,880j
Class 2: appkcant.+. spouse (poverty inoome $16,020)
Class 3; applicant + relative {poverty income $16,020)
excludes 1 acre $0 - 50,000 100%
TaxRetat x
6.d.b
Packet Pg. 66 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Property Owner Tax Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined Combined
I....oliti (_mee Inmme In} WnrFh RPiief Plan/Exem tion
Norfolk
Petersburg
Income Exem tr ion
0 - 28,611 100%
28,612 - 36,958 80%
36,959 - 45,306 60°k
45,307 - 53,653 40%
53,654 - 67,000 20%
35,000; $70,000 100% exemption (to $1,200j for $0 to $25,000.
first $4,000 exempt excludes 1 acxe 50% exemptan (to $1,200) for $25,001 to $35,000.
for each non-spousal relative: The income of applicant, spouse, and ail relatives is Combined
into one total, then the flrst $4,000 is exempt for each
relative. The remaining income is considered the applicanYs.
Portsmoutn
Richmond 50.000
m.___.__ _._..__------___
175,000 Income Exemntion income Exem tion
excludes 1 acxe $0 -21,000 100% $25,001 - 26,000 50%
21,001 -22,000 90% 26,U01 - 27,000 409 0
22,001 - 23,000 809'0 27,001 - 28,000 309 0
23,001 - 24,000 70% 28,001 - 29,000 2096
24,001 - 25,000 60% 29,U01 - 30,000 10°
Jncome above $30,000 is eligible for freeze.
200,OU0
e cdudes 1 acre
Net Wo th
0- 19,001- 37,001- 55.001- 100,001- 150.001-
Income 19,000 37,000 55,000 100,000 150,000 2U0,000
0 - 9,000 100% 100% 90% 80% 75% 7090
9,001 - 12,000 10096 100% 84% 71 % 65% 6090
12;001 - 16,000 89% 80% 71 % 629 0 57% 50%
16;001 - 20,000 59% 50°1 0 41 % 339 0 31 % 30%
20,001 - 30,000 40% 35% 31 % 27% 269 0 25%
30,001 - 40,000 30% 25% 21 % 16°!0 15% 15%
40,001 -0 26% 22% 18% 14% i2% 10%
x-- ,: • ,. . . ,,.,,. . - .,.....__. r<_::z,.,.
d'jk'<9h K ' . '..: +.J: C :'iCi:4Y 55:.... . rt .. .. .c. . . i _-.-._ .. . . ._ . -.. -__ .-. ..: .. .
ppQ . $100,000 Exemption is the amount by which the property tax exceeds the
exdudes 1 acxe tax for the year in which the owner became 65. The same tax
exemptions br persons detem ined b be permaiterttly and btaAY
disabled are granted whether they have reached the age of 65
nr n t
The ary of Radford includes vatue up to $180,000 if house is induded. Otherwise, the net worth limit is $7o,uUU.
In the city of Salem, the head of the household occupying the dwelling and owning tide, or partial title, or deeded life estate, must be 65
years or older on December 31st of the year immediately preceding the taxable year.
INeI Property Tax Rellef Plans 43
Iq
6.d.b
Packet Pg. 67 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Property Owner Tax Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined Combmed
y Gross Income Net Worth Relief PIaNExemption
Cities (continued)
SufifdlK $57 150, ;, $256,35 Income . = Exempbon > - r , ;, 5,:
first $10;000 exempf `. exCludes 10 ctes $0 43,703 ' 100°Io '`._ '
u ; t '.
s '
34 ` '`y :ior oon spous2l relatrve , A3;704 50,427 50°q > ;_ `
M
t ' }. ; s '- =
t ` '' 50,428 * '57,1`50 .. 25%' ,; r .
4 ; ,, ' ; ' ; `; { a Y> ,V'fodified every"Jar u2ry 1st.based on Cdnsume PriGe Indeif
N3 : , Y ,.,, . , °;. G.. ` ` .; .; ,,_ . .•.', Modifcafion not'to exCeed'.3.5% annu tly. ;.;; , Virginia Beach $68,293 $350,000 Income Exemption
first $10.000 exempt excludes 10 acres $0 - 39,944 100% i"
r ' for relative 39,944 - 43,043 80%
43,043 - 46,142 60%
46,142 - 49,241 40%
i . . . 49,241- 52,340 20%
2
52 340 68,293 Tax freeze
s'j 1i@SbOfO 5 .,0 :' i ., qe y rJO : zx _-: i !``" ''
s a`ia s-J..rn43 :.~ S
F
2',. r ' ;
r -' } > r z ' ' • ° excludes 'i cre >
s ?' ''
i' ` ' IV2t WOfffl V - <
kF'' k ` .r '
V'` ,
cr .,.
i r,, $
r s
3 _ ' 6,25a' y $Q 25 OQ;- 3'1 25 37;601 43,?5"1 50 009
IncoFne - 5000 31 250 37`300 43 50 b00 56 250 : 62 500_
x ^" „ `
h ? $0 $,{00 JO°lo ,:, < %' .7, 5_°h 65°!0 ;55% ` 50% ° `5%0 ;:, t
t ` ,'' ;. « Y`
v 398;0 2?D00" ;$5% 5% 5% 5°Io ;50% 45% - 4b°%'
k } r
9ypQa 4,,00
z '°
Q% ': D.%: b5:°Io <.;0°,0 5°la ;4b%~ `5%,; S` u .- .` '14,001 27s D0 k56% . F,%' .' 4D°lo ;5%> D% "25°0 `'0%::'.-°dhry '"
t ;_ `: _' ` ' 7;001 ' 30,D00 ••°: 35°0., ''..` ..•30%` 25% . 20°l0 .5% _ ' 10°Io , ; . .b°!o, ` Williamsburg N/A N/A 100% deferral
i cf e t r' "$40,000, : , ,. $75 OOQ ' i i ome xempfiori ]ncame ' EXemp c n: ates 6,vt30 of aneome , ex Ui s C ` °$0 $;dO J 00 Q .`$30 001 35,00 ,Oa10 .: :
fl'f eaGh on'pousa( relatf e ` ` `. 25,001 - R,400 : '5% - 35 Q07 40,OQA 2510
4 -; `, . .> . :. ,: _,> > .x , . ., , (Maximi+m. 9 500) ,
Counties (Note All counties responded to the survey. Those that answered "not apphcable for ali tems in this table are exciuded.) Cma k ,$,fl00,, ` , ' g0 000 ;, ,: lnobrrie = E cemRtion ''
k~" irst$6 560 exempt ' `, exCludes cre $0 '15,000 iD0%
a '` '`
1 - . Gv L . t . .. s _ J t' : ,A f '` .'Z'
oc ach non spoUSaf reiakive 15 OA $;00 b _ ° r 'N. k. !"...x Y `, M y : . .
Y
r"°'°`''-.+.`z'::''; . _ ,s . . - . : , _ : M3XII1 Uft): .ri, Q> `y " . • °'1; Albemarle $69,452 $200,000 Net Worth
exdudes 10 acres $0- 100,001- 150,001-
Income ___ 100.000 150.000 200 000
0 - 30,000 100% 90% 80%
30,001 - 50,000 70% 60% 50%
50 001 - 69,452 40% 30% 20%
ileghat Y` ` $3 OOCi, . ' $9 b0 00 ,`, bme Exem fibn - , , `;
y ':
irst$$;5 0 xempt ekGucie s l r 0 5,i700' 900°/6 ; fi £ r " z ;;
fo eaChrnon.spousal reiaf ve t 5,(3 - 3Q;OOr 75d/o . > ; ' ;; _`'r i4 < ; F ,, ;_ a ; ...^3S,b' -35;{30D" :;' S0°10 .` ' -t. :- ,,';s.;
Amelia $30 000 $100,000 Those certified as dfsabied can apply with the same
first $6,500 exempt excludes 1 acre gross income and net worth requiremerrt.
for each non spousal relat ve
rs s,, $0t3 b k ; ; {$x54{iD( 3 >, . > ; yletWort`h - sf rst 650Dexemp
x ,_
xciutles 8cte
r '' = -
0 19Q;00 120,OOfi-13p04 ',940,D03
a,,, .#oF, aGh nori spous i relative r,. : Income 10 U00 a20:fl 0 90 bb0 140 000 150 000 ;
s k , ` M r r '$ 0,{300 1fl0,a10 95% •90°10 85°l0 $0°l0 "
h `,> :`" ,,<",z' 'a'
rv`,
F 2fJ'Q0 30."Q40 7'5;°a 'D°o '65% ;60%
p
55°z o >``
t , 'W)2't. ,, Y't-} =5 . Y
fr
5, .{O QO9 O,OOO JO°JV 4aS°!0 '4O% .rJ10 , 3O%;,
g , . ' -10,00 0;000 `5% ;`i0% =5% ':9 i%# g ,5°l0 - '
t - ` . . _.. >r: r,>; .x . . `maiamum abafemenf.is$6Q0per_.y ar.. - - y'; AppOmattox $20,000; $100000 Income Ex mption Income Exxmption
first $6,500 exempt excludes 1 acre $0 - 8,300 80% $13,311 - 14,980 60°/a
for each non-spousal retative 8,301 - 9,970 759'a 14,981 - 16,650 55%
Fi:?:: 9,971 - 11,640 70% 16,651 - 18,320 50%
11,641 -13,310 65% 18,321 - 20,000 40%
jj, . (maximum exemption $350)
N/A Not applicable
Tax Rates 20170
a; .
6.d.b
Packet Pg. 68 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Property Owner.:Tax Relief Plans for the Eiderly and Disabled, 2017 (continued)
Combined Combined
Locality Gross Income Net Worth Relief Plan/Euemption
Counties (continuedl
exdudes 5 acres Net wortn
0- 25,001- 50,001 60,001- 70,001- 80,001- 90,001-
income 25 000 50 000 60 000 70_000 80 000 90.000 100.000
U - 20,000 100% 90% 80 Yo 70% 60% 509 0 40%
20,U01 - 24,000 90 0 80% 709'0 60% 50% 409 0 30%
24;001 -28,000 80% 70% 60% 509 0 40% '3096 2096
28,001 - 30,000 70% 60% 50% 409'0 30% 20% 109 0
30,004 - 32,000 609 0 50% 40% 309 0 20% 10%
32,001 - 34,000 50% 40% 3096 2090 109 0 ... .
34,001 - 36,000 40°/u 30% 20% 10% ... ...
36,001 -38,000 30% 20% 10° ... ... ... .••
8edforc] $37,500 $100,000 85% of total tax with maximum of $1,00U or
aY 1i r1ac 1 acra 5 minimum relief
Botetourt $5U,000; $'185,000 inoome txemrnion
irst $8,500 exempt exdudes $0 - 27,500 90%
for non-spousal relatives 2 acres 27,501- 35,000 70%
35,001- 42,500 50%
42,501 - 50,000 40%
8udcir gham
excludes is frozen at the current ambunt of taxes.
CItiZ8f1S :
first $6,500 exempt exdudes 10 acres - a5,uui-
for non-spousal .relatives Income 45.000 85.000
0 -12,000 95% 8096
12,001-22,000 7596 60%0
22,001-30,000 5596 40%
first $10,000 exempt for exdudes 5 acres o - zu,uuu iuu ro
disabled appliCant 20,001- 30,000 75 0
30,001- 40,000 50%
40,001- 50,OOQ 25%
maximum: $1,000)
R af Properly Tax Reliet Pians 45
Lf
i
6.d.b
Packet Pg. 69 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Prope ty Owner Tax Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined Combined
Locality Gross Income Net Worth Reiief PIaNExemption
Clarke $55,000; $250,000 income Exemation income Exemntion
fl st $8,000 is exempt exGudes 1 acre $0 - 20,000 100% $35,001 - 55,000 10%
for non-spousal relatives 20,001 - 25,000 80°/a over 55,000 0%
25,001 - 30,000 60%
30,001 - 35,000 50%
first $20,000 exempt
Essex $27,500
fr . ,
aH `
x , x ,
DO xetnp
o s sal r lat ves
a : ' '
w 's ,'.,. _,,.. a e .
Fauquier $58,000;
firsf$10,000 exempt
for non spousal relatwes
n p / ,
a" - V7 J V n - } a
fS,oo Ket,apiu
6 an' 's irlat v s;
Fluvanna $50,000;
first $12,600 exempt
for non-spousal relatives
first $6,500 exempt exGudes 10 acres $0- 50,001- 100,001- 150,001-
for non-spousal relatives Inoome 50,000 100,000 150,000 200.Ob0
0 -20,000 100% 80% 60% 40%
20,001 -30,000 70% 50% 40% 30 Yo
30,001 -40,000 50% 35% 20% 15°Io
40,001 -50,000 30% 25% 15% 10%
exdudes 1 acre
46. f.
100,000 Income Exemption
exGudes 1 acre $0 - 16,000 100%
16,001- 20,000 80%
20,001- 23,500 60%
23,501- 27,500 40%
Maximum: $750 - Must be 65 years old or permanentiy and
exdudes 5 acres
exdudes 6 acres
Net Worth
0- 40,001- 80,001-120,001-
Income 40.D00 80,000 120.000 1G0,000
0 -12,500 100% 75% 50% 25°fo
12,501 -25,000 75% 57% 39% 20%
25,001 -37,500 50% 39% 27% 15%
6.d.b
Packet Pg. 70 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Tabie 3.1 Real Property Owner Tax Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined Combined
Locality Gross Income Net Worth Relief Plan/Exemption
Counties (continued)
b
Goochtand $67,000; $250,000 100% exemption (maximum: $800).
first $10,000 exempt excludes 10 acres
for non-spousal relatives
yson '. $23,500, $$0 500 ,t 10Q% ex,mptioti{t.icimUt` 25j,' °'°` ,.Y
i sf 2;540 exempt ;; excludes 1',a cre - = ; 4 , - , `",. "" '
3 .. .. ; for rsori-spousal relativES ;;r. ', ` .` . r,,' '`'" ' f c!'.`. v + s::;v,. _:., ?'.i. ' . K.3„S
reene `27,000; $100,000 Income F cem tion
first $6,500 exempt excludes 5 acxes $0 - 10,000 1009 0
for non-spousal relatives 10,001- 18,000 75°Yo
18,001- 27,000 559'0
r. : ..
Haiifax $22,000 $60,000 Inoome Exemption
excludes 1 aa e $0 - 15,000 1009'0
15,001 - 20,000 7590
20,001 - 22,000 509'0
excludes 1 acre 0 - 15,000 80°/a 25,001 - 35,000 40 0
15,001 - 25,000 60% 35,001 - 45,000 20%
Henrico $67,000; first $10,000 of $350,000 1009 o relief up to $3,000
Itle of WigM $43,900; $184,400 Option to defer or taxpayer may exempt.
first $6,500 exempt exdudes 1 acxe Inoome Exem tion
for non-spousal relatives $0 - 25,500 1009'0
25,501- 31,700 75%
31,701 - 37,700 50%
37,701 - 43,900 25%
mes
King and Queen 35,000 $60,000 Up to $500 exemption
excludes 2 acres
Kk 9 G org's 4(7000_ ,x f fJ;QQ F,, }Ob% exem tidn,-" J ;-
s ,, - :
x , frst $9>Oq ex mPtY '" , ':,z ' r : - "- { x °, + '; -
for"nqn-spoiisal r.eiative-. ? - , =R;_. .' , ; " .,, ; r .°'=K t , "`.... °`s ,
King William S50,000 $100,000 Up to $1,000 of tax relief per year.
Nwnl Property Tax Rellei Plans
L3
47
6.d.b
Packet Pg. 71 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
R i PrOpOny Owner Tax Relief Pians for the Elderly and Disabied, 2017 (continued)
ombined Combined
LOOalfly Gross Income Net Worth Relief Plan/Exemption
Countles (continued)
L'@e 25 000 ,; - : ';: •_.; $ 5,0 ption- ,. 8 00 - income Exe"m
r firsi $2 O b!Qxempt: `excludes 9 acre , , ,$q '17;000 100% `
z4
Y #o non spousat relatwes , 17,b0 19,500 751 - S
r F" J il ^ 4 : + 1 §,SO]
x2
2,000 5a O°/O '`' °
P .x j ' , ,
F "4..i 22 00'Ix YS OO( L5% x :. :; .,
maximum:;$200) ,_ _ <.- < .
4Loudoun ''' `72,OfS0 $440;0 0 100°!o exemption on home and ten ac es oi lot.
excludes 10 acres
t u,sa ti -d,000,'' $a0b,000 , ,
6",'S00'ex mpt for "~ t excludes 90 ac es . r Net'iNorth'
fs
s r bn-spou a re(ati es ' . ^ ia ' ;`$0 25,fl01 : 000= 5,01
l come ` ' 25.000 80 b00 ° 5'000 100rOb0 ..
y s < < h r , ; o 8 000 o 0/6 . 80% 5°Iopo
V s - . '
a c,
t^' ` r 1$,001 9,000 90% : $0% '%. ZD%
F k
z r ,„
s , , fi ; < 9;0'I [0,0'bb fi0% ` ` 0°/v 50% . 0% f' W,
r'c '`4 y
l } ; t ., :.t . .. . . y i iJft.; :a: ,. ,,., . ... . , ` , , >' Arlaximurri.Azempt ort;.$1,D00.° -: , -t` -
Madison $30,000 $75,000 Taxpayers who qualify for deferral shall be entitled to have
exrludes 3 acres their total real estate tax remain at the amount of such tax
for subsequent years until they no longer qualify for deferral.
hews k ,$35,OOa,
r $100 000 x income Exembtion
dE t'011
t' = ,,
aa z F .,8xC11ld S 2Cf S , , $0 23 OQQ 10010 '' + =- ' h ' !
a
y; `' 3 0`3z'27,000 !80°l0 = £u s w h ;
x F "i za r r
s'y0 1 ,' r 6%, s s rL
t
s I
a r - '
yr . 31 00 y `5 0#i O o ' -
k< .` , r n .: {
z..= ,,..r. ;,.,: fjj'8XIR1UfT1;-.bi7 ;- .' < t ,. _ ' . . .
Middlesex $27,500, $100,000 Income Exem t
first $3,000 exempt exGudes 1 acre $0 - 13,000 100 0
for non-spousal relatives 13,001- 16,000 809 0
16,001- 19,000 60%
19,001 - 22,000 40%
22 001 27,500 20%
fgomery 51;10 .: . . .. ,.. . b.d : 3 `
ti
150,OOQ ; t #ricom , Exem tion - -
excludes a'e 0 s2c6Ob 1Ori°Jo `'" " ' e' `
3i2,60: l0 800 60k/o ,, % ,
a - ,
q .t o- . ; , ` F`0,0 1 000 0°l0 : a , -
r. '
e ,v4C-H`.s' Y ,{ - F>-v '-b'` C <f,:.
y '1 k '_ ' J -.
u C :$CXt 4 .'' h _ . _. k{i "t
r. -. . ' '? Defe iia up#o-:9D09.' ..-... . ... -.. f .
Y -
Nelson $50,000 $100,000. Exemption based on sliding scale on income/net worth.
first $3,000 exempt exdudes 1 acre
other than owner
5 0°` 5 -15b 00 ;,;w Income ` X iIlI lan `_ „ ,; .
t 4 -" - x exc udes 0 cres 0 'I;000 $8(i0 ` ` '- a°`
Fk .:h FC Y
S x t V .'r.5 3 z.. i' 'vi t.:. . . .
3 a f - n . , 15 U01 5,00 $
C50 , :
z i 3y:t ..
7 s a.` ,
r-''U-`;'-''
a3W.,u z `'_ ` ,
u,"} ,`
a" "
z %
i" t :.wh 5 VV;i iJt Y i' e'' t (^
s .,`+ r,
ar i : 1 '' 5,UDi 0:6Q( 0 _ . ,K.,,. , `,
Northampton $22,000 $80,000 Percentage based on net worth and income.
excludes 1 acre
t humberta d $O,Q 't' 1t70 D00 ' _ PerceMage, bas o;net wortf na ncorrie r,
3 ` . . #-
Xclude t'cre .lvjaximum of $4 0 , ; ` ""° .,.;.;,.
Orange $40,000; $90,000 Net Worth
first $7,500 exempt exdudes 2 acres $0- 18,001- 36,001- 54,001- 72,001• .
for non-spousal relatives Income 18.000 36.000 54.000 72.000 90.400
0 -15,000 90% 80% 70% 60% 6094
15,001- 20,500 80% 70% 60% 50% 409 i
20,50 -26,000 70% 60% 50% 40% 3091
26,001 - 31,500 60% 50% 40% 30% 201E
x;,, ,,, ; .
31 501 40,000 50% 40% 30% 20%
2 0 ,. . : 'I'I k;00Q ;: _ _,_
sLF,. > . - w : L
e ccludes acre ; $0> 9 000 "IpQ% 96 Ob9 - 17,OOb
r;, t . ;.
r - `` r` ` r
3, : t , , , ''
1 007 -r OOD 80% ,U01 : $ 00 :
r- ._. r_ T , _ '. '5 001: 'I6 00 ,#',(1°lfl '8 {30' - 8 OD? f :'',`, '_- x` :a< ` '
F '
35,001 `- 2,00 '.K;
Patrick $22,000 $100,000 Maximum exemption $300.
exdudes 1 acre
48 1 x R
ti
6.d.b
Packet Pg. 72 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
u a co,uuu; 5b,pop Income Exemption
first $2,500 exempt excludes 3 acres $0 - 15,000 80%
for non-spousal relatives 15,OU1- 18,125 60%
18,126- 21,250 40%
2.2s - 2s_oc o n,
Table 3.1 Real Property Owner Tax Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined Combined
Localiry Gross Income Net Worth Relief Plan/Exemption
Counties (continued)
Ittsyivania 18 000,
j -; ;
y SO 000 r; Percentage rehef from 209 o to 909'p 5 d on Ff = s '
II St 4 VV Pix,Pim t '''
z '
r t'b 6 f k 4.er
a > t ,z,; ,,,s,
p r.xcly te pet wortF and mcdme M x muh ex rri tion iS $d0 tLt - :. #or non-spoU ai relaf Ye',.`.u: ' r 1..,, u.. ` :. ;',.: ., , :._ _ .: , :; = Powhatan
3N $
50,000, $200,000 Income up to $50,000 receives exemp4ion of up to $800 ofFfirst $7,500 exempt for excludes 1 acxe of taxes on one acre and home.
disabied only; first $6,500
rnnce eorge ;pna,wu $120,000 _ Income Exem tion
exdudes 5 acres $0 - 28,000 100%
R nn _ QF nnn noi
r
excludes 1 acre $0 - 14,000 100 0
14,001- 16,000 80°Yo
16,001- 18,000 60%
nrst $io,0oo exempt excludes 2 acres $0 - 18,000 80%
for non-spousal relatives 18,001- 28,000 60%
28,001 - 38,000 40°/a
sa.00 - Sn nnn n i
first $2,500 exempt excludes 1 acre
for non-spousal relatives
tt _
f
6,OQ0 A, Max tnur f)ief is.,. +`',_.d
8henandoah $30,000, ; .. .....
a ..P° ;,. ..._ ' . . .. $
100,000 Income Exem tion Income Exemc tion
first $6,000 exempt excludes 1 acre $0 -18,000 100 0 24,001 - 26,000 50%
for non-spousal refatives 18,001 - 20,000 80° 26,001 - 28,000 409 0
20,001 -22,000 70% 28,001 - 30,000 30%
22 001 24 000 60% over $30 000 0%
h xY $ J.OS U B QUO r :3, ia . ,: N2t YVO(f1 _; ' :,r s . ` - 7 e,• .,{ 2 s?- .
ufir`sf $,5b0ex2mpi excludes 1 acre .` ' z* 0- 28501=- i;Of i ' , :
for _npn spqusai r tativas ` -' _ . . `Jn ome. 28,00 ' d i 000 . 65000 ` ' -
x;
F Y : h - -s : ; $0 90,000 -80.°%P 64% " 56% r
3 - '' -" d"0{1 14;000 70% 55°/a ' `Q10 -*
x}
Y _ r
r -j4;001-18;i 00 1'5%. 46%- ° s ' ' , 0 /o '
Y` ` I8.,001 -22,OOb 4(7% 25°J9.:, 15°!o e '
mazimum reliefis$00.) ;_ ' ` - f .,
k ai Property Tax Reilei Plans
49
L
6.d.b
Packet Pg. 73 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
s ncome Net Worth Relief PIaNExemptionCounties (continued)
th`r3'tpfoar $30,00 r'z $80,OOQ n Sliding;C le3mm hp, o #o=Ua , ao w# ' x,+ ' nS
tirsi 6 04.exer f-"xcludes°acr.a+ net oith'k ' '-
s
ir Y O('`119(1'Sj30US81 'QI2 IV$$'' 's `s,
Y' : ; ,
r t,"< tv'w-
S.potsylvania $50,000 - , `:¢'"`" '`"` = "' 4 ; $
200 000 1009'o exemption (maximum: $1,200). first $5,500 exempt excludes 1 9cres
for non spousal relatives
b • s'b• , 1 34. ' 5 ion 3'OO n oma, a` et nio'rfh$300i 9 e : G' Dd t `ic n Q OO n Rie r#r ""` 3p, "p :
8
x ' , =3 . .
sunv $30,000 `
i a'.A _ ..?c.i. 40; 1Q0,000 _ .Income Exem tiontfirst $6;500 for exdudes 1 acre $0 - 15,000 1009 ai ` non spousal relatives , ` 15;001- 20;000 75% . bt .: 20,001- 25;000 50%
25,001= 30;Q00 25%0 - .
Maximum: $500
N ) - ' .. ' . . - "
Wa[ren $35,OU0 r $1 0,000 Income Exemption
excludes 5 acres $0 - 20,000 100%
20;001- 25,OU0 759 0
25,001- 30,000 6D o
30,001- 35 000 25%
t,
r' '
Westmoreland $2p,000 6QU00 65 ears or older orY permanently and:totally disabled for a tax
exdud s 1 aere . relief amount of up to $300; Must file by May 1st of eacf year.
Income xem tion ._ Income x m
0 -14,000 100% $16,001 = l8,000 60'/0
14;001 -16.000 $0% 18,001 - 20,000 40%
e $30;OD0, ` . $80,000 $200 exernption. . - first $5;000 exemPt exclude.s 1 acxe
for non-s 'usal.relatives -
k
f.. . . . . - _ _ . . . . . . . -- . . . .. . . . . . . .
ti. . . . ' . , . . . .. . . . . . ' . , _ . , .. ... , . . . .. . . _ . .
F_ .h'. .. . . . . . _ • . .. ' . ' .. .
r ' .. ' " . . ' . . ' .
y ''. ..: . .. . .. .. .,' . , ' , . ' .. . . .
i . . . . . . . . . . . . . . .. . : .: . ' . . . . . . . . . . , , .
P. .. . . . . . . . .. . . . . . . . .. . . .. .
I .. .- :'.. ..: . . .:. : t..; . .' . . ' . . . . . . _ . - . . ' .
t. ... . . .
C ;- _ . _... . ... ..': .. '...': .' - ..
L,,. . .. . , . ... ' . . - - . . .
50 . _ _
Tax Rates 2017tb
Tabie 3.1 Real Property Owner Tax Relief Plans for the Elde y and Disabled, 2017 (contmued
Combined Combined
Locality Gros I
6.d.b
Packet Pg. 74 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Property Owner Tax Relief Plans for the Elderly and Disabied, 2017 (continued)
Combined ~ ' Combir ed
Localiry Gross Income Net Worth Relief Plan/Exemption
owns (Note: Towns that answered "not applicable' for all items in this table are exduded. For a listing o town respondents and
non-res ondents, seeAppendix B.)
Aftevista $34,500; $80,900 Incorne Exemption
flrst $10,000 exempt exGudes 1 acre $0 - 25,900 100%
for non-spousal relatives 25,901 - 30,200 759'0
30,201 - 34,500 5096
Bedford $15,000
giacksburg .$51,000; .
first $10.000 exempt, .
for non-spousal relaGves
4p,pOp Inoome Exempnon income txerr uon
excludes 1 acre $0 - 4,000 100% $8,001 - 9,000 509'0
4,001 - 5.000 90% $9,001 - 10.000 40%
5,001 - 6,000 8096 $10,001 - 11,000 30°!0
6,001 - 7,000 709'0 $11,001 - 12.000 20%
nn _ R nnn s% 12.001 - 15.000 10%
Income Exem tion Deferral
0 -32,600 100% O Yo
32,601 -40,800 60% 40%
en un _ Mn d 9L. £%
lM . _;__.___ __ __ . .. . . .
Bridgewatec • $17:,000; $30,OOQ Net Worth
firsf $2,000 exempt . $0- 15,001- 20,001- 25,OQ1-
for non-spousal relativas income 15 000 20 U00 25,000 30.000
0 - 6,504 80% 6496 56% 409 0
6.501 - 8,000 60 Yo 48% 42% 30%
8.001 - 9.500 409'0 3290 28% 20%
i
Cape
first $2,500 exempt
for. non-spousal relatives
0 - 10,000 100%
10,001 - 12,000 8090
12,001 - 14,000 709/0
14,001 - 16,OOQ 6096
16,001 - 1$,000 50%
18,001 - 20,000 40%
20,U01 - 22,000 30%
ChilhOWlO $22,000 i35,VUU Up[c ivvioexeinNuvii
exGudes 1 acre
Not aPp ica
Roel Property Tax Retlef Plans
L'
M . .-;. _; : :fi:=, . . : . e. _ . , . ,
51
6.d.b
Packet Pg. 75 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Table 3.1 Real Property Owner Tax Relief Pians for the Elderiy and Disabled, 2017 (continued) .
Combined Combined
Locality Gross Income Net Worth Relief Plan/ExemptionTowns (continued)
t; ,y ,,,vvv 150000
x , , _
lncome Exemption i
k ° :
tis"Y.tF4'-r. . r z { z :e"1c l'Y ..p t r' + .
C
Q. .y,,
y
V
hO '
D af7,O. k , _
3 .;aa"yµ`Y:.
f-'"H"Rt "
g '
i' -• [
f
J*.y r .J c 2 V! '4 iO L V 70 w^
Y . .y3k` V
a` t Y x - . :; , ; " d0 $O1 51000 40%: , ,k.' .+, t`}
r ,.r `, Clifton Fo e ' . .. ; : ,j > . ,. , : . ,. .,-
g $25,000 $55,000 Up to 100% exemption " """ ' ' 37 UOQ , ; $75 000 ,, ., w,., { ` N/A
s
s ,t ;,, .
w s . , ,, excludes 1 cre , . c ; `" v ,`' .,..
x;. ' Colornal Beach $22,500 or $100,000 Maximum exemptbn is $600 ' ' 32 000 w th partner
I p r ` ` 50 p00 ' 200 000 Sl ding `cal if.net wor#h/inonme c t rmme exemption
2 =- rt '
3er 1 .
n
IP$t s dQ xf.iil tt a _ x --4 . t P h ° excludes acre ` j , t :„, t _ r :
r ., . _'or-nori 'spdusal rel tir es - ... ... ` d ;_ _ ;
f;:
Dublin $23,200; $55,000 _ I come Ex m ,ion "` first $2,500 exempt exGudes 3 acres $0 - 15,000 80% for each relative , 15,001 - 18,500 60%
18,501 - 21,000 40%
j t ,,.r , .:T. .,.K.,...,. ,.., __._.._.._ 21,001 - 23.200 n i
Ha
s'w':
4
L
o:
i . L
1
i.
5 '
l' .
N
first $6,000 exempt
27,000;
first $2,500 exempt
for non-soousal rPls
pc au yuannes ror re1i2L' ,: - ; °
Deferral or exemption.
exdudes 3 acres 65 years of age or premanently and totally disable on 12/31h1 '
The title of the dwelling is held on Jan. 1, 2012, by the
applica rt(s) seeking relief. The applicant(s) may reside in a
hospital or nursing home for physical or mental qre; however
to qualify for real property tax relief; the dwelling may not be
rented for monetary compensation.
y 00 _ , 'f00°l,o;exemption:if inCpme:is less than 22'Yinn nno Ne,;:
Deferral or exemption
N..
exdudes 1 acre (Maximum: $74.50)
50% exemption. Maximum $150.
cemption ti >> .
E '
N•: . . .
6.d.b
Packet Pg. 76 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Tabie 3.1 Real Property Owner Ta c Relief Plans for the Elderly and Disabled, 2017 (continued)
Combined ' Cflmbined
Locality Gross Income Net Worth Relief Plan/Exemption
Towns {continued}
New:({A"_r.,.'OD .a^ ,:.;nrt_nnn . .. . _ . . ... _ _ .. r-r:s.r 'x=.s. .: M......... _ . r.,..._.._c__ .... ... _ _
Onancock BtPffT11f1P.(' f1V A(:fYltllark (n intv nrin
r rst yti,a u exempt
for non-spousal relatives
1 ..
f'urcellville
Ington .;
Itocky Mount
72,000;
first 10,000 exempt
for non-spousal relatives
25,000
a..,. V .<,..: .:... .,._:;,
440,OQ0 Exemption: Amount by which the real estate tax exceeds 0.5 0
exGudes 10 acres of gross combined income. Deferral: up to 100%.
1 5,6t}Q ,-"°lo T r1 Zt if Rua ified: " `zit ""`s- ; f , : a !, t t r .. < . 'x .
tz ` , `.
r* c r »r ,y , x 3 -', z :. .f y,' - .x"'r;,,.xC .
rt * .t -'^f', ,',',_ ti , ,.
r --. '' . " . `* '_'
i r 't r.'f;... ,_ 'Y" ,` .
80,000 Net Worth
exdudes 5 acres $0- 12,001- 25,001- 35,001- 50,001
Inoome _ 12.000 25.000 35 000 50 000 80 000
0- 5,000 959/0 85% 75% 65% 409 0
5,001- 9,000 85% 75% 65% 40% 3096
9,001-12,000 75% 65% 50% 3096 20%
12,001-15,000 659/0 55% 40% 20% 10%
15,001-18,000 5590 45% 30% 10°/a 10%
AII
krµp yjlle
exdudes 1 acre $0 - 18,000 1009'0
18,001 - 20,000 80%
20,001 - 22,000 70%
22,001 - 24,000 60%
24,001 - 26,000 50%
26,001 - 28,000 40%
28,001 - 30,000 30%
by F
62'(?p1 72 000 " 5% ' w,...: :._- .n:..yN4_.=y.,..: .._,. . ,._,_ . . : , :, _ : ,.,.:
r, .F ::. 56,600; $200,000 100% exemption.
first $6,500 exempt exdudes 1 acre
for non-spousal relatives
Ii Not applicable
uroperty Tax Rellet Plans 53
6.d.b
Packet Pg. 77 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Tabie,3.1 Real Property_Owner Tax Relief Plahs for the Jderly and Disabied, 20 (continued)
Combined _ Combined _ _ .
15,OO1 -17,500 80%
17,501 - 20,UOU 7U%
20 001.- 22,5U0 . 609 0 '
22,501 - 25,50D 5U°/a . .. :
25,501 - 2Z 000 40%
a,...
t :;,, • .
4 . . . . . . . . . .. ,
l. .... , ' i. . ' ' . . . '' ... ' ... ... . ,
I. . . ' . . . ' ' . ..
j. `-' r! . , . , .
L
F't : ::j `. . . . . t :
t . . : . . ' " ' . . . ; . . . . . ' . . ' . . . . . . . . . , . . . . .
j . . . . . . . ' . . , . . . ' . . . . . . .. . . , . . . . ' .
l. . .,
a v:. . . ' . . . , . . i
r . a .
J .. . ... . , . ' • .
Ih'..... ". . '... :. . . . .' . . - ' . . '
r .... . . . .,. ... -.'. ..... .• ' s
4
j' . . . ' . . . - . . .. . , . 1
1 - . . ..
4• . ..., . . . . .
r TaXl2ateS 20f7
3° .
6.d.b
Packet Pg. 78 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
l.:pr .
n
Table,3.1 Real Pro ._rt Owner Tax Relief Plat s for the Jderly and Disabled, 20' {continued) Pe Y : .
Comb ned Combined
s ` 20 001.- 22,5U0 . 609 0 .
i ; 22,501..- 25,590: 5Ug6 .
25,501 -.27,000. .. 4090
i . . : . . :. •. . ,. . . . : . - ' . .. . ,
27 a01 - 3 O Q(J9 . . 3 096 .
R
4 , WA NM applit le:. ' , .
r.
c
t ' _•
t. , - :
I "
h. . , . . . . . . - . . . . . . . . . .
i . . . . . . . - . . . . , ; . . . . . . . . . .
i ' :{ , . . . . . . - , . . .
A. . . . . .. " .. , . . ' ' . . .
k . . . . - ' ' . .. . . ' . - . . . . . , ' _ ' . .
r a. .
HIr. ._ . . . , . .. . . .' . ' .
I:. . . _ , ... :. . .. . .. .. . " . :'. . : :: .. _r . . . . .. . - . .
ri - . . . , . . . . . _ .
i . - ' . ..
I; . . ' . _ ' . . - . __. .. • . . _ .
r, . . _ . : . . . . : '. . . . ., : . : , ' . . t ' ' . .'. . . . . : . . . . . . ' . . ` . . - . . - ' - .
i
i
54
raxRares 20»
p
a„ .
6.d.b
Packet Pg. 79 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
11/27Y2018 58.1-3212. Local restrictions and exemptions
11 i 27i201 i
Code of Virginia
Title 58.1. Taxation
Chapter 32. Real Property Tax
58.1-3212. Local restrictions and exemptions.
Pursuant to Article X, Section 6(b) of the Constitution of Virginia, the General Assembly hereby authorizes the
governing body of a county, city or to vn to establish by ordinance net financial ;lorth or annual income limitations as
a condition of eligibility for any exemption or deferral of tax allowed pursuant to this article. If the governing body
establishes an annual income limitation, the computation of annual income shall be based on adding together the
income received during the preceding calendar year, without regard to whether a tax return is actually filed, by (i)
owners of the dwelling who use it as their principal residence, (ii) o«mers' relatives who live in the d«elling, except
for those relatives living in the dwelling and providing bona fide caregiving services to the owner whether such
relatives are compensated or not, and (iii} at the option. of each locality, nonrelatives of the owner who (ive in the
dweliing except for bona fide tenants or bona fide caregivers of the owner, whether compensated or not. lf the
governing body establishes a net financial worth limitation, net financial worth shall be based on adding together the
net financial worth, including the present value of equitable interests, as of December 31 of the immediately preceding
calendar year, of the owners, and of the spouse of any owner, of the dwelling.
Nothing in this section shall be constn ed or interpreted as to preclude or prohibit the governing body of a county, city
or town from excluding certain sources of income, or a portion of the same, for pucposes of its annual income
limitation or excluding certain assets, or a portion of the same, for purposes of its net financial worth limitation.
Any county, city, or town that pursuant to this article provides for the exeinption from, deferral of, or a combination
program of exemptions from and deferrals of real properiy taxes may exempt or defer the real property taxes of the
qualifying dwelling and the land, not exceeding ten acres, upon which it is situated.
No local ordinance shall require that a citizen reside in the jurisdiction for a designated period of time as a condition
for qualifying for any real estate tax exemption or deferral program established pursuant to § 58.1-321U.
Code 1950, 58-760.1; 1971, Ex. Sess., c. 1.69; 1972, cc. 315, 616; 1973, c. 496; 1974, c. 427; 1976, c. 543; 1977, cc.
48, 453, 456; 1978, cc. 774, 776, 777, 780, 788, 790; 1979, cc. 543, 544, 545, 563; 1980, cc. 656, 666, 673; 1981, c.
434; 1982, cc. 123, 457; 1984, cc. 267, 675; 1989, c. 568; 2011, cc. 438, 496; 2012, c. 299; 2014, c. 767.
https://law.lis.virginia.gov/vacode/58.1-3212/
I
6.d.b
Packet Pg. 80 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 81 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Virginia Code § 58.1-3210. Exemption or deferral of taxes on property
of certain elderly and handicapped persons.
A. The governing body of any county, city or town may, by ordinance, provide for the exemption
from, deferral of, or a combination program of exemptions from and deferrals of taxation of real
estate and manufactured homes as defined in § 36-85.3, or any portion thereof, and upon such
conditions and in such amount as the ordinance may prescribe. Such real estate shall be owned by,
and be occupied as the sole dwelling of anyone at least 65 years of age or if provided in the
ordinance, anyone found to be permanently and totally disabled as defined in § 58.1-3217. Such
ordinance may provide for the exemption from or deferral of that portion of the tax which
represents the increase in tax liability since the year such taxpayer reached the age of 65 or became
disabled, or the year such ordinance became effective, whichever is later. A dwelling jointly held
by a husband and wife, with no other joint owners, may qualify if either spouse is 65 or over or is
permanently and totally disabled, and the proration of the exemption or deferral under § 58. l-
211.1 shall not apply for such dwelling.
B. For purposes of this section, "eligible person" means a person who is at least age 65 or, if
provided in the ordinance pursuant to subsection A, permanently and totally disabled. Under
subsection A, real property owned and occupied as the sole dwelling of an eligible person includes
real property (i) held by the eligible person alone or in conjunction with his spouse as tenant or
tenants for life or joint lives, (ii) held in a revocable inter vivos trust over which the eligible person
or the eligible person and his spouse hold the power of revocation, or (iii) held in an irrevocable
trust under which an eligible person alone or in conjunction with his spouse possesses a life estate
or an estate for joint lives or enjoys a continuing right of use or support. The term "eligible person"
does not include any interest held under a leasehold or term of years.
C. For purposes of this article, any reference to real estate shall include manufactured homes.
Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 616; 1973, c. 496; 1974, c. 427;
1976, c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776, 777, 780, 788, 790; 1979, cc. 543, 544,
545, 563; 1980, cc. 656, 666, 673; 1981, c. 434; 1982, cc. 123, 457; 1984, cc. 267, 675; 1993, c.
911; 2007, c. 357; 2014, c. 767.
3
6.d.b
Packet Pg. 82 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
1
6.d.b
Packet Pg. 83 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
11/27J2018 15.2-2159. Fee for solid waste disposal by counties
11 i27/201 R
Code of Virginia
Title 15.2. Counties. Cities and To vns
Chapter 21. Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities
15.2-2159. Fee for solid waste disposal by counties.
A. Accomack, Augusta, Floyd, Highland, Pittsylvania, and Wise Counties may by ordinance, and after a public
hearing, levy a fee for the disposal of solid waste not to exceed the actual cost incurred by the county in procuring,
developing, maintaining, and improving the landfill and for such reserves as may be necessary for capping and closing
such landfill in the future. Southampton County may by ordinance, and after a public hearing, levy a fee for the
management of 5olid waste not to exceed the actual cost incurred by the county in removing and disposing of solid
waste. Such fee as collected shall be deposited in a special account to be expended only for tha purposes for which it
was levied. Except in Floyd, Pittsylvania, Southampton, and Wise Counties, such fee shall not be used to purchase or
subsidize the purchase of equipment used for the collection of solid waste. In Augusta, Highland, Pittsylvania, and
Southampton Counties, such fee (i) may only be levied upon persons whose residential solid waste is disposed of at a
county landfll or county solid waste collection or disposal facility and (ii) shall not be levied upon persons whose
residential waste is not disposed of in such landfill or facility if such nondisposal is documented by the collector or
generator of such waste as required by ordinance of such cotmty. Documentation provided by a collector of such waste
pursuant to clause (ii) shall not be disclosed by the county to any other person.
B. Any fee imposed by subsection A when combined with any other fee or charge for disposal of waste shali not
exceed the actua( cost incuned by the county in procuring, developing, maintaining, and improving its landfill and for
such reserves as may be necessary for capping and closing sucl landfill in the future or, in the case of Southampton
County, such fee shall not exceed the costs and fees expended by the county in removing and disposing of solid waste.
C. Any county which imposes the fee allowed under subsection A may enter into a contractual agreement with any
water or heat, light, and power company or other corporation coming within the provisions of Chapter 26 (§ 58.1-
2b00 et seq.} of Title 58.1 except Appalachian Power Company and any cooperative f'ormed under or subject to
Article 1(§ 56-231.15 et seq.) of Chapter 9. l of Title 56 for the collection of such fee. The agreement may include a
commission for such service in the forcn of a deduction from the fee remitted. The corruiiission shall be provided for
by ordinance, which shall set the rate not to exceed five percent of the aniount of fees due and collected.
D. Accomack, Highland, Pittsylvania, Southampton, and Wise Counties have the following authority regarding
collection of said fee:
I. To prorate said fee depending upon the period a resident or business is located in said county during the year of fee
levy;
2. To tevy penalty for late payment of fee as set forth in § 58. l-3916 of the Code of Virginia;
3. To levy interest on unpaid fees as set forth in § 58.1-3916 of the Code of Virginia;
4. To credit the fee first against the most delinquent use fee account owing;
5. To require payment of the f'ee prior to approval of an application for rezoning, special exception, variance or other
land use permit; and
6. To provide discounts ro the standard fee rates for older persons, as defined in S 51.5-135, and disabled persons
based on ability to pay.
E. Pittsylvania and Southampton Counties may by ordinance provide an exemption from the fee for the disposal of
solid waste to any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency
pursuant to federal law to have a 100 percent service-connected, permanent, and total disability in accordance with the
standards set forth in § 58.1-3219.5.
https://law.lis.virginia.govlvacodel15.2-2159/
3 J
1/2
6.d.b
Packet Pg. 84 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
b
6.d.b
Packet Pg. 85 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
11/27/2018 § 15.2-2159. Fee for solid waste disposal by counties
1'991, c. 541, § 15.1-362.1; 1993, cc. 733, 763; 1995, c. 633; 1996, cc. 313, 621; 1997, cc. 234, 587; 2001, c. 338;
2002, c. 275; 2003, cc. 25, 48; 2006, cc. 102, 743; 2012, cc. 765, 803, 835; 2013, c. 699; 2014, c. 727.
3
https://law.lis.virginia.govlvacode/15.2-2159/ 2 2
6.d.b
Packet Pg. 86 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 87 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
Article III.
Solid Waste Disnosal Fee
SEC. 17-11. TITLE; INCORPORATION OF STATE CODE.
This Article shall be known as the "Solid Waste Disposal Fee Ordinance" of the County of
Pittsylvania, Virginia. The terms and provisions of § 15.2-2159,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 § 15.2-2159, Code of Virginia, 1950, as
amended, the 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 the Budget
Resolution. Said fee shall be effective immediately upon adoption by the Board of Supervisors,
and not exceed the actual cost incurred by Pittsylvania County (the "County") in procuring,
developing, maintaining, and improving its Landiill and for such reserves as may be necessary for
capping and closing such Landfill in the future. 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. Such fee shall be deposited in a special account
to be expended only for the purposes for which it was levied.
SEC. 17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Unless specifically exempted in this Ordinance/Article, every person owning or operating any
house, apartment, rental house, rental residential unit, multiple residential units, trailer camp,
manufactured housing parks, 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. Said fee shall be assessed, individually, to/for each rental unidresidence, rental and/or
non-rental.
SEC. 17-14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION.
The County may either collect the fee itself or enter into a contractual agreement to be negotiated
by the County Administrator, or his/her designee, with a public service corporation as set forth and
authorized in § 15.2-2159, Code of Virginia, 1950, as amended, for the collection of the fee. The
commission for such collection service shall not exceed five percent (5%) of the amount of the
fees due and collected.
31
6.d.b
Packet Pg. 88 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
o
6.d.b
Packet Pg. 89 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
SEC. 17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE.
Unless collected by a public service corporation pursuant to § 17-14 supra, an invoice for said fee
shall be included in the December tax assessment mailing. Payment of said fee shall be made to
the Pittsylvania County Treasurer's Office. For FY 2018/19, unless exempted by § 17-15 infra,
households assessed the Solid Waste Disposal Fee shall pay the fee no later than the twentieth(20h)
day of December. For FY 2018/19 only, no late payment penalty and interest shall accrue on the
Solid Waste Disposal Fee. For all Fiscal Years after FY 2018/19, unless exempted by § 17-15
infra, the Solid Waste Disposal Fee shall be billed twice annually, and all households assessed the
fee shall pay the fee no later than the twentieth (20') of June and the twentieth (20') of December
annually. Payment for the full amount of the annual Solid Waste Disposal Fee shall be the
responsibility of the owner of record of the household as of January 1 St of the assessed property
for the corresponding year. There shall be no proration of the Solid Waste Disposal Fee.
SEC. 17-16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN
COUNTY.
Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid
Waste Disposal Fee in accordance with the provisions of this Article.
SEC. 17-17. LATE PAYMENT PROVISIONS; LIEN.
A. If payment of the fee is not made, then a notice of delinquency will be mailed to each
property owner(s) not having paid the fee, advising that collection proceedings will begin
in thirty (30) days. Supplemental assessments may be issued after the due dates and such
assessments will be due thirty (30) days after mailing.
B. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay penalty on said
fee as set forth in § 58.1-3916, Code of Virginia, 1950, as amended
C. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay interest on said
unpaid fee as set forth in § 58.1-3916, Code of Virginia, 1950, as amended
D. Any payment of the Solid Waste Disposal Fee shall be credited first against the most
delinquent Solid Waste Disposal Fee account due and owing.
E. Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be
required prior to approval of an application for rezoning, special exception, variance, or
other land use permit.
6.d.b
Packet Pg. 90 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
v
6.d.b
Packet Pg. 91 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
F. To the extent allowed by Virginia law, failwe to pay the Solid Waste Disposal Fee can
result, after due process, in the placement of a lien on the property in question in favor of
the County.
SEC.17-18. SOLID WASTE DISPOSAL FEE EXEMPTIONS.
The following are the only exemptions from payment of the Solid Waste Disposal Fee:
A. Partial Exemption for Qualified Elderlv or Disabled Persons: As authorized by § 15.2-
2159(D)(6) of the Code of Virginia, 1950, as amended, there is a partial exemption of fifty
percent (50%) from this Solid Waste Disposal Fee for households of the elderly and/or
disabled who qualify for such exemptions. Said exemption shall be governed by the
conditions and income criteria as set forth in § 6-6 of the Pittsylvania County Code, as
amended. Any and all information of or related to income or disability, and verification of
same, shall be provided upon application for said exemption in accordance with the policy
and procedures set forth by the Pittsylvania County Board of Supervisors and/or the
Pittsylvania County Commissioner of the Revenue's Office.
B. Waste Not Disposed of in Countv's Landfill Exemption: As authorized by § 15.2-2159(A),
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, or disposed in
the County's landfill by a private hauler that pays the County's standard landfill tipping
fee, provided said non-disposal 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. Current local, state, and federal regulations
prohibit the burning and/or burial of residential waste on private property without adequate
and appropriate permitting.
C. Uninhabitable Dwellin: Unless exempted by Sections 17-18(A) or (B) above, any
household that is inhabitable as of January 1 S` of each year shall be assessed the Solid
Waste Disposal Fee. Any house that is uninhabitable as of January lst
of each year, as
determined by an inspection conducted by the County's Building Official, or his/her
designee, shall be exempt from payment of the Solid Waste Disposal Fee, until and unless
said household becomes inhabitable. The County shall have the ability to charge a fee for
any inspection required under this Section. Said inspection fee shall be set annually by the
Board of Supervisors.
SEC. 17-19. RESERVED
SEC 17-20 SOLID WASTE DISPOSAL REGULATIONS; SCAVENGING; OWNERSHIP
OF SOLID WASTE.
6.d.b
Packet Pg. 92 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 93 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the jurisdictional
limits of the County, except at approved and designated solid waste convenience centers, subject
to the following limitations and conditions:
A. Only household trash, residential waste, and compactable refuse shall be deposited at solid
waste convenience centers.
B. No business, industrial, construction, demolition, medical, automotive, yard, landscaping,
or commercial waste shall be deposited at solid waste convenience centers.
C. No solid waste shall be deposited at a solid waste convenience center by non-County
residents, except as provided or by local, state, or federal anti-littering programs.
D. Unless subject to a special contract approved by the Board of Supervisors, no solid waste
generated or originating from outside of the County shall be deposited in the Landf 11.
E. The following items shall also not be deposited at solid waste convenience centers:
1) Explosives, gasoline, kerosene, and waste oil.
2) Furniture or other bulky residential household solid waste items that will not fit into
a compactor chamber. Said items may be place only in an open top box. Said items
shall not be disposed of at green box sites.
3) Dead animals.
4) Materials which constitute a hazard to personnel handling solid waste or to the
public.
F. It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to or
deposited at a solid waste convenience center site or the Landfill.
G Upon delivery of solid waste to an approved solid waste convenience center or the Landfill,
all rights of ownership and exclusive possession to lawfully deposited solid waste shall
vest in Pittsylvania County.
SEC. 17-21. VIOLATIONS OF CHAPTER/ARTICLE; PENALTIES.
a) Each day of violation of each requirement of this Chapter or Article shall constitute a separate
offense.
b) Any person who violates any provision of this Chapter or Article shall be guilty of a Class 1
Misdemeanor, unless a different penalty is specified.
c) Any person who knowingly makes any false statement, representation, or certification
S
6.d.b
Packet Pg. 94 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
W
6.d.b
Packet Pg. 95 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
regarding the origin of any waste disposed of under this Chapter or Article, shall be guilty of a
Class 1 Misdemeanor and shall be subject to suspension from the use of the County's Landfill and
any County Collection Centers far a period of time not to exceed one (1) year.
d) The County shall be entitled to an award of reasonable attorney's fees and cost in any action
brought under this Chapter or Article which it substantially prevails on the merits of the case,
unless special circumstances would make an award unjust.
e) Violations of Sections 17-3 and/or 17-20 of this Chapter or Article shall be punishable by a
fine in the amount of fifty dollars ($50.00), if paid within ten (10) days, or one hundred dollars
100.00), if not paid within ten (10) days.
The County's Solid Waste Department shall prepare an appropriate ticket and ticket stub for
use in enforcing the provisions of this Chapter or Article. Any Law Enforcement Officer,
Treasurer's Office employee, or County Staff inember charged with enforcing this Chapter or
Article shall issue to the offender a ticket. The ticket stub shall be turned in to the Pittsylvania
County Treasurer's Office. The ticket and stub shall have corresponding numbers. The ticket
shall contain the following statement:
NOTICE: You may pay this by appearing at the Pittsylvania County Treasurer's Office, 11 Bank
Street, Chatham, Virginia, 24531, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday. If you prefer, you may mail the ticket and fine to the aforementioned Office.
Checks should be payable to the Pittsylvania County Treasurer. If you fail to pay this ticket with
ten (10) days, then further action will be taken which could result in you having to appear in court
and paying additional costs.
1) In lieu of payment of the fine, such person may contest the ticket, by notifying the
Pittsylvania County Treasurer and the Clerk of the General District Court of Pittsylvania
County.
2) If the ticketed person does not pay the fine to the County's Treasurer, the Treasurer shall
notify such persons that he may pay the fine, plus a penalty in the sum of ten dollars
10.00), within five (5) days of the receipt of the notice, at the Treasurer's Office.
3) If a person to whom the above Notice is provided/given is fails to pay the fine and penalty
within the time prescribed in the Notice, the Treasurer shall notify the Ofiicer who issued
the original ticket and the Treasurer shall then cause to be issued a complaint, summons,
or warrant for the delinquent ticket. The person in question may pay the fine to the
Treasurer prior to the date he/she is to appear in court, provided he/she also pays necessary
costs and the penalty. The Treasurer's receipt shall be conclusive evidence of such
payment.
6.d.b
Packet Pg. 96 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 97 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
SEC.17-22. SEVERABILITY.
Should any section or provision of this Ordinance/Article be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance/Article as a
whole or any part thereof, other than the part so declared to be invalid. (B.S.M. 8/17/2018)
6.d.b
Packet Pg. 98 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
fo
6.d.b
Packet Pg. 99 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
PITTSYLVANIA COUNTY CODE SEC. 6-6. EXEMPTION ON REAL ESTATE OF
CERTAIN ELDERLY AND DISABLED PERSONS.
1. Purpose.
In accordance with Virginia Code § 58.1-321, 1950, as amended, the Board of Supervisors hereby
deems those elderly persons or permanently and totally disabled persons who fall within the
provisions of this article to be bearing an extraordinary tax burden on the real estate and
manufactured homes defned herein in relation to their income and net worth.
2. Definitions.
a. "dwellin " shall mean the full-time residence and domiciliary, including a manufactured or
mobile home, of the person claiming the exemption.
b. "elderlv" shall mean a person not less than sixty-five (65) years of age as of December 31 of the
year prior to the year for which exemption is requested.
c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and
not the assessed value, as shown on the records of the Commissioner of Revenue. When applied
to personal prop
b. "elderl " shall mean a person not less than sixty-five (65) yeazs of age as of December 31 of the
year prior to the year for which exemption is requested.
c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and
not the assessed value, as shown on the records of the Commissioner of Revenue. When applied
to personal property, fair market value shall mean the actual value as appraised by the
Commissioner of Revenue.
d. "income" shall mean total gross income from all sources, without regard to whether a ta c return
is actually filed. Income shall not include life insurance benefits or receipts from borrowing or
other debt. e. "manufactured or mobile home" means a structure subject to federal regulation,
which is transportable in one or more sections; is eight (8) body feet or more in width and forty
40) body feet or more in length in the traveling mode; or is three-hundred and twenty (320) or
more square feet when erected on site; is built on a permanent chassis; and is designed to be used
as a single family dwelling, with or without a permanent foundation.
f. "permanentiv and totallv disabled" shall mean unable to engage in any substantially gainful
activity by means of any medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to last for the duration of the person's
life.
g. "real estate" shall mean real property and dwelling structures, and shall include manufactured
or mobile homes which are presently being used as a dwelling, and are connected to the required
utilities including plumbing, heating, air conditioning, and electrical utilities.
h. "relative" shall mean any relation by blood or marriage.
Page of 4
6.d.b
Packet Pg. 100 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
S~
6.d.b
Packet Pg. 101 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
i. "ta cable Year" shall mean the calendar year, from January 1 until December 31, for which
exemption is claimed.
3. General Provisions.
A. Real estate owned and occupied as the sole dwelling of a person or persons who are not less
than sixty-five (65) years of age or who are determined to be permanently and totally disabled are
exempted from so much of the County Real Estate Ta ces as provided for in Section 4 hereof,
subject however to the following restrictions and conditions, in addition to those set out elsewhere
in this section:
1. The combined annual income shall be based on adding together the income received
during the preceding calendar year, without regard to whether a tax return is actually filed,
by (i) owners of the dwelling who use it as their principal residence, (ii) owners' relatives
who live in the dwelling, except for those relatives living in the dwelling and providing
bona fide caregiving services to the owner whether such relatives are compensated or not,
and (iii) nonrelatives of the owner who live in the dwelling except for bona fide tenants or
bona fide cazegivers of the owner, whether compensated or not, shall not exceed eighteen
thousand (18,000.00) dollars per year; provided that the first four thousand ($4,000.00)
dollars of annual income of each relative/nonrelative, other than the spouse of the owner,
shall not be included in such totals; and
2. That the net combined financial worth, including equitable interests, of the owners and
of the spouse of any owner, excluding the value of the dwelling and the land upon which
it sits, not exceeding one acre, does not exceed sixty thousand ($60,000.00) dollars as of
the 31 st day of December of the immediately preceding calendar year, and through the
taxable year to which such exemption is to apply.
B. The person or persons claiming such exemptions shall file annually, after the (lst) day of
January but not later than the fifteenth day of February, with the Commissioner of Revenue of
Pittsylvania County, Virginia, or such other agent or officer as may be designated by the
commissioner, on forms supplied by the County, an Affidavit setting forth the names of related
persons occupying the real estate for which the exemption is claimed, their total combined net
worth, including equitable interests and the combined income from all sources of all persons
specified. The application deadline may be extended on the approval of the Commissioner of
Revenue, if the applicant is applying for the exemption for the first time or in cases of hardship,
and if proper application is made along with a sworn affidavit that failure to apply by the fifteenth
day of February was due to reasons beyond the applicant's control. The Commissioner of Revenue
shall require that the applicant, spouse, and any and all relatives living in the dwelling supply proof
of age in the form of Birth Certiiicates or Passports or Drivers License; and proof of income in the
form of copies of their W-2s, 1099-DIV, 1099- INT, 1099-MISC, 1099-R, SSA-1099 Social
Security Statements, and such other documents as may be required by the Commissioner of
Revenue to determine income and total combined net worth. (B.S.M. 12-19-06)
C. If the person claiming the exemption is under sixty-five (65) years of age, the Affidavit filed
under this section shall have attached thereto a Certification by the Social Security Administration,
Page 2 0
S3
6.d.b
Packet Pg. 102 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
S
6.d.b
Packet Pg. 103 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
the Veterans Administration or the Railroad Retirement Board, or if such person is not eligible for
certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to
practice medicine in the Commonwealth of Virginia, to the effect that such person is permanently
and totally disabled. The davit of at least one such doctor shall be based upon a physical
examination of such person by such doctor. The affidavit of one such doctor may be based upon
medical information contained in the records of the Civil Service Commission which is relevant
to the standards for determining permanent and total disability, as defined herein.
D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals,
nursing homes, convalescent homes, or other facilities for physical or mental care for extended
periods of time shall not be construed to mean that the real estate for which tax exemption or
deferral is sought does not continue to be the sole dwelling of such person during such extended
periods of other residence so long as such real estate is not used by or leased to others for
consideration.
4. Exemption.
a) The exemption shall be as follows:
Total Income from All Sources Tax Exemption
0 to $10,000 90%
10,001 to $11,000 80%
11,001 to $12,000 70%
12,001 to $13,000 60%
13,001 to $14,000 50%
14,001 to $15,000 40%
15,001 to $16,000 30%
16,001 to $18,000 20%
b) The total annual exemptions shall not exceed three-hundred ($300.00) dollars.
c) The taar exemption herein permitted may be granted for any year following the yeaz of the
ta cpayer occupying such dwelling and owning title or partial title thereto reaches the age of sixty-
five (65) years or is determined to be permanently and totally disabled.
d) If the ownership of the property for which application for exemption is made is not held solely
by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption
percentage as provided for herein shall be in proportion to the applicant's ownership interest.
5. Changes - Ownership, income or financial worth.
Any change in respect of total combined income, net combined financial worth, ownership of the
dwelling exempted, or other factors, which occur during the taxable year for which the affidavit is
Page 3 plf 4
6.d.b
Packet Pg. 104 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
b
6.d.b
Packet Pg. 105 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
r
filed, and which has the effect of a reduction or termination of any exemption, shall nullify or
reduce any exemption for the then current taxable year, and the ta cable year immediately
following.
6. Certification to the Treasurer.
The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia,
annually those persons who qualify under this article for an exemption and the amount thereof.
The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that
year.
7. Penal .
Any person who knowingly gives false information to support a claim for an exemption under this
article, or any person who willfully fails to notify the Commissioner of Revenue or other
designated officer of changes in conditions which would result in a reduction or termination of the
exemption,
Page 4 4
6.d.b
Packet Pg. 106 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
6.d.b
Packet Pg. 107 Attachment: Legislative Committee Mtg. Agenda Item A (1432 : Legislative Committee/Review Update)
S b
J. Vaden Hunt, Esq.
From: Ben Farmer
Sent: Wednesday, November 28, 2018 7:36 AM
To: Shirley Hammock; J. Vaden Hunt, Esq.
Subject: Land use reclassify late penalty
Mrs. Hammock & Mr. Hunt,
I have a constituent in my district who missed the November 2nd deadline to reclassifyhispropertyintothelanduseprogram. This gentleman was notified by Mrs. Hammock's
office prior to the deadline, however he was late on filing his property. Mrs. HammockandIspokeonthephoneyesterday, per our current code, we do not offer a late sign upintothisprogram. Mrs. Hammock and I spoke about the possibility of adding a late sign- up period, however there would be a penalty cost associated with each parcel of land the
owner was late on reclassifying.
Mrs. Hammock, do you mind researching if the state code has any mention as to what a
limit cost would be for this type of penalty?
Mr. Hunt, can we add this to the legislative committee agenda to be discussed tomorrow?
Thanks,
Ben Farmer
Callands-Gretna Supervisor
6.d.c
Packet Pg. 108 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
r •
e
m
1.
6.d.c
Packet Pg. 109 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
Vir inia Code 58.1-3234 An lication bv ronern owners for assessment, etc , under
ord nance; continuat on of assessment. etc
Property owners shal( subinit an application for taxation on the basis of a use assessment to the
local assessing officer as f'ollows:
l. The property owner shall submit an initial application, unless it is a revalidation form, at least
60 days preceding the tax year for which such taxation is sought;
2. ln any year in which a general reassessment is being made, the property owner may submit such
application until 30 days have elapsed after his notice of increase in assessment is mailed in
accordance with 58.1-3330, or 60 days preceding the taY year, whichever is later; ar
3. In any locality which has adopted a fiscal tax year under Chapter 30 ( 58.1-3000 et seq.), but
continues to assess as of January 1, such application shall be submitted for any year at least 60
days preceding the eflective date of the assessment for such year.
The governinp; body, by ordinance, may permit applicat ons to be filed within no mare than 64
YS ' filing deadline speci t herein, upon the payment of a late iling fee tfl be established
by the gaverning body. In addition, a locality may, by ordinance, permit a further extension of the
filing deadline specified herein, upon payment of an extension fee to be established by the
governing body in an amount not to exceed the late filing fee, to a date not later than 30 days after
notices of assessments are mailed. An individual who is owner of an undivided interest in a parcel
may apply on bellalf oi'himself and the other owners of such parcel upon submitting an affidavit
that such other ow7 ers are minors or cannot be located. An application shall be subinitted whenever
the use or acreage of such land previously approved changes; however, no application fee may be
required when a change in acreage occurs solely as a result of a conveyance necessitated by
governmental action or condemnation of a portion of any land previously approved for taxation on
the basis of use assessment. The governing body of any locality may, however, require any such
property owner to revalidate at least every six years with such locality, on or before the date on
which the last installment of property tax prior to the effective date of the assessinent is due, on
forms prepared by the locality, any applications previously approved. Each locality which has
adopted an ol•dinance hereunder may provide ior tlle imposition of a revalidation fee every sixth
year. Such revalidation fee shall not, however, exceed the application fee currently charged by the
locality. The governing body may also provide for late filing of revalidation fonns on or before
the effective date of the assessment, on payment of a late iiling fee. Forms shall be prepared by
the State Tax Commissioner and supplied to the locality for use of the applicants and applications
shall be submitted on such forms. An application fee may be required to accompany all such
applications.
3
6.d.c
Packet Pg. 110 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
6.d.c
Packet Pg. 111 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
In the event of a material misstatement of facts in the application or a material change in such facts
prior to the date of assessment, such application for taYation based on use assessment granted
thereunder shall be void and the tax for such year extended on the basis of value deternlined under
58.1-3236 D. Except as provided by local ordinance, no application for assessment based on use
shall be accepted or approved if; at the time the application is filed, the taat on the land affected is
delinc uent. Upon the payment of all delinquent ta es, including penalties and interest, the
application shall be treaied in accordance with the provisions of this section.
Continuation of valuation, assessment and t ation under an ordinance adopted pursuant to this
article shall depend on continuance of the real estate in a qualifying use, continued payment of
taxes as referred to in 58.1-3235, and compliance with the other rec uirements of this article and
the ordinance and not upoii continuance in the same owner of tit(e to the land.
In the event that the locality provides for a sliding scale under an ordinance, the property owner
and the locality shall execute a written agreement which sets forth the period of time that the
property shall remain within the classes of real estate set forth in 58.1-3230. The term of the
written agreement shall be for a period not exceeding 20 years, and the instrument shall be recorded
in the office of the clerk of the circuit court for the locality in which the subject property is located.
No locality shall require any applicant who is a lessor of the property or a portion of the property
that is the subject of an application submitted pursuant to this section to provide the lease
agreement governing the property for the purpose of determining whether the property is eligible
for special assessment and taxation pursuant to this article.
Code 19.50, § 58-769.8; 1971, Ex. Sess., c. 172; 1973, cc. 93, 209; 1974, c. 33; 1976, c. 478; 1977,
c. 213; 1978, cc. 250, 644, 645; 1979, cc. 180, 632; 1980, cc. 493, 508; 1982, c. 624; 1984, cc. 92,
675; 1988, c. 695; 1993, c. 102; 1999, c. 1026; 2001, c. 50; 2017, c. 25; 20l 8, c. 504.
J
6.d.c
Packet Pg. 112 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
P
6.d.c
Packet Pg. 113 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
z
PCC SEC. 6-12.2. APPLICATION FEE.
Non-refundable application fees in accordance with the following schedule shall accompany allapplications:
A. A fee of ten dollars ($10.00), plus ten cents ($.10) per acre or fraction thereof shall be required
for each initial application or series of initial applications for contiguous parcels in common
ownership. For purposes of this section, contiguous parcels shall include all abutting parcels and
parcels separated only by a street or road.
Cl I • i qJCr n,c h/ f,y( k1 i1 i uy y -— n 1-
6.d.c
Packet Pg. 114 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
6.d.c
Packet Pg. 115 Attachment: Legislative Committee Mtg. Agenda Item B (1432 : Legislative Committee/Review Update)
G
BY-LAWS AND RULES OF PROCEDURE OF THE PITTSYLVANIA
COUNTY BOARD OF SUPERVISORS
B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/O1/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/O1/13, 10/06/14,
11 /03/ 14, 6/06/ 16, 2/6/ 17, 3/20/ 18)
Purnose:
To establish and set forth certain rules to provide for the orderly conduct of Pittsylvania County,
Virginia ("County") business, to prescribe the manner and procedure by which the Pittsylvania
County Board of Supervisors ("Board of Supervisors") shall conduct matters of business, and to
provide for the efficient handling thereof.
General•
The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears.
ARTICLE I. Board Election, Composition. and Function.
1.1. The Board shall be composed of seven (7) members who shall be elected by the qualified
voters of the County; one (1) member shall be elected from each of the seven (7) election districts.
Pursuant to § 24.2-219, Code of Virginia, 1950, as amended, beginning with the November 2015
General Election, the Board of Supervisors shall be elected to staggered terms as follows: the
voters in the Banister, Callands-Gretna, and Dan River Election Districts shall elect a member of
the Board of Supervisors for a two (2)-year term, and the voters in the Chatham-Blairs, Staunton
River, Tunstall, and Westover Election Districts shall elect a member of the Board of Supervisors
for a four (4)-year term. At the November 2017 General Election, the voters in the three (3)
Election Districts in which a Supervisor was elected for a two (2)-year term shall elect a Supervisor
for a four (4)-year term, and thereafter elections for all Supervisors will be held on a biennial basis
for four (4)-year terms.
1.2. At the regular meeting of the Board in January each year (the "Reorganizational Meeting"),
or at any other time as determined by a majority of the Board, there shall be elected a Chairman to
serve for a period of one (1) year expiring on December 31 st, or until replaced by the Board
membership. The County Administrator, serving as temporary Chairman, shall take nominations.
Nominations require a second, and the vote will be taken in the order the nominations are made.
A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty
to preside at all Board meetings, and to maintain the orderly conduct thereof. He/She shall sign
all voucher warrants of the County; and when the Board is not in session, he/she shall provide
policy guidance to the County Administrator and the County Attorney. The Chairman shall
continue to be a voting member of the Board. The Chairman, with guidance from County Staff
and consultation with the other Board Members, shall also have the ability to authorize the
advertisement and conducting of public hearings.
Page of 8
6.d.d
Packet Pg. 116 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
i ti
Y
6.d.d
Packet Pg. 117 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
1.3. The Board shall also elect a Vice-Chairman to serve a concurrent term with the Chairman. In
the absence or incapacity of the Chairman, the Vice-Chairman shall assume all the duties and
functions of the Chairman. In the case where the Chairman and Vice-Chairman are absent from a
meeting, the remaining members present shall choose one (1) of their number as temporary
Chairman.
1.4. The Board shall have both administrative and legislative responsibilities, some of which shall
be discharged in their role as governing body and some of which they derive as an administrative
political subdivision of the Commonwealth. The powers and duties of the Board shall include, but
not be limited to, the following: preparation and adoption of the County Budget, levying of taxes,
appropriating funds, constructing and maintaining County buildings, making and enforcing
ordinances, providing for the general health safety and welfare of the public, and generally
exercising all other powers and functions normally attributed to government and permitted by the
laws of the Commonwealth.
ARTICLE II. Meetings.
2.1. Regular Meetings
The Board shall meet regularly on the third (3rd) Tuesday of each month in the County
Administration Building, Main Conference Room, at 4:30 p.m. for a Work Session, and at 7:00
p.m. for a Business Meeting in the Pittsylvania County General District Courtroom for the purpose
of discharging their administrative and legislative responsibilities.
2.2. Parliamentary Procedure
All such meetings shall be open to the public and shall be conducted in an orderly fashion with the
most recent edition of Robert's Rules of Order being used as the parliamentary procedure.
2.3. Sergeant of Arms
The Sheriff of the Counry, or his designee, shall act as "Sergeant of Arms" at all meetings of the
Board and shall, when so directed by the Chairman, expel any person or persons from such
meetings.
2.4. Meeting Seating
For the purpose of address and order, the Board and County Staff shall sit in front of the "public
rail" in the Courtroom, and all other persons shall sit behind the "public rail." The Chairman shall
sit in the middle of the dais, and all other seats shall be selected by Board Members based on
longevity of Board membership.
2.5. Agendas
Agendas shall be prepared by the Board's staff and used at all meetings. All items requested to be
placed on the agenda shall be submitted in writing to the Clerk, or his/her designee, ten (10)
Page 2 qf 8 3
6.d.d
Packet Pg. 118 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
6.d.d
Packet Pg. 119 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
working days before the meeting; however, members of the Board of Supervisors may make oral
requests. Any items received after that time shall appear on the next regular meeting agenda,
unless a majority of the Board present vote to place such items on the current agenda.
2.6. Meeting Order
The meeting order of all Board's Work Sessions and Business Meetings shall be as follows:
Work Session Meeting Order:
Call to Order (4:30 p.m.; County Administration Building; Main Conference Room)
Roll Call
Agenda Items to be Added
Approval of Agenda
Presentations
Staff, Committee, and/or Constitutional Officer Reports
Business Meeting Discussion Items
Closed Session
Adjournment
Business Meetin Order:
Call to Order (7:00 p.m.; Pittsylvania County General District Courtroom)
Roll Call
Moment of Silence
Pledge of Allegiance
Agenda Items to be Added
Approval of Agenda
Consent Agenda
Presentations
Hearing of the Citizens
Public Hearings
Unfinished Business
New Business
Appointments
Matters from Work Session
Board Member Reports
County Administrator Reports
Adjournment
2.7. Presentations
All presentations to the Board shall be limited to a maximum of ten (10) minutes.
2.8. Recognitions
Page 3 o S
6.d.d
Packet Pg. 120 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
6.d.d
Packet Pg. 121 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
The particular method of recognition (i. e., Certificate, Resolution, and/or plaque) shall be governed
by the Pittsylvania County Board of Supervisors Policy on Recognitions formally adopted on
January 19, 2016, and made a part hereof.
2.9. Public Hearings
All Public Hearings on Business Meetings shall be conducted as follows:
Each person addressing the Board under a Public Hearing shall step up, give his/her name and
district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for
the record, and unless further time is granted by the Chairman, shall limit his/her address to three
3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude
their remarks at that time, unless the consent of the Board is affirmatively given to extend the
speakers allotted time. All remarks shall be addressed to the Board as a body and not to any
individual member thereof. No person, other than the Board and the person having the floor, shall
be permitted to enter into any discussion, either directly or indirectly or through a member of the
Board, without first being recognized by the Chairman. No question shall be asked a Board
member except through the Chairman.
2.10. Hearing of the Citizens
All Hearing of the Citizens on Business Meetings shall be conducted as follows:
Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner
of the County, or the registered agent of such resident or land owner. Each person shall step up,
give his/her name and district in an audible tone of voice for the record, and unless further time is
granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be
permitted to address the Board more than once during Hearing of the Citizens. All remarks shall
be addressed to the Board as a body and not to any individual member thereof. Hearing of the
Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to
speak during said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting.
2.11. Special Meetings
The Board may from time-to-time hold special, called, adjourned, andlor informational meetings
in accordance with the laws of the Commonwealth.
2.12. Motions/Resolutions
Each oral Motion or Resolution shall be recorded by the Deputy Clerk, and may be read back to
the whole Boazd by the Deputy Clerk, if so requested, before any vote is taken.
2.13. Board Member Reports
Page 4 f 8
6.d.d
Packet Pg. 122 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
6.d.d
Packet Pg. 123 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
Boazd Member Reports shall be used for individual Board members to share information with
other members of the Board and the public. No action may take place during Board Member
Reports.
2.14. Closed Meetings
Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5,
or added as allowed by the Virginia Freedom of Information Act.
2.15. Quorum and Method of Voting
At any Board meeting, a majority of the Supervisors present shall constitute a quorum. All
questions submitted to the Board for decision shall be determined by a viva voce vote or approved
electronic voting method of a majority of the Board present voting on any such question, unless
otherwise provided by law. The name of each Member voting and how he/she voted must be
recorded. The Board has elected not to have a tie breaker as provided for by the Code of Virginia,
and a tie vote on any Motion shall be considered defeated as provided for in Section 15.2-1420,
Code of Virginia, 1950, as amended.
Each Board Member present when a question is put shall vote "yes" or "no." No Board Member
shall be excused from voting except on matters involving the consideration of his/her own official
conduct, where his/her own financial interests are involved, or where he/she may have a conflict
of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act.
2.16. Roll Call Procedure
1) The Members of the Board shall either cast votes in District order on a rotating basis, or
simultaneously if using an approved electronic voting method.
2) The Chairman of the Board of Supervisors shall cast the last vote, unless using an approved
electronic voting method.
2.17. Remote Participation in Board Meeting
As authorized by § 2.2-3708.1, Code of Virginia, 1950, as amended, the Board shall allow the
participation of inembers of the Board in a meeting through electronic communication means from
a remote location that is not open to the public subject to complying with all parts of the following
written policy:
l. On or before the day of a meeting, the Supervisor shall notify the Board Chairman that the
Supervisor is unable to attend the meeting due a personal matter, and the Supervisor shall identify
with specificity the nature of the personal matter, or the Supervisor shall notify the Board Chairman
that the Supervisor is unable to attend a meeting due to a temporary or permanent disability or
other medical condition that prevents the Supervisor's physical attendance. The Board shall record
the specific nature of the personal matter or fact of temporary or permanent disability, and the
remote location from which the absent Supervisor participated in its minutes.
Page 5 8
6.d.d
Packet Pg. 124 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
9
6.d.d
Packet Pg. 125 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
2. If the absent Supervisor's remote participation is disapproved, because such participation would
violate the strict and uniform application of this written policy, such disapproval shall be recorded
in the Board's minutes.
3. Such participation by the absent Supervisor shall be limited in each calendar year to two (2)
meetings.
4. A quorum of the Board shall be physically assembled at the primary or central meeting location.
5. The Board shall make arrangements for the voice of the absent Supervisor to be heard by all
persons in attendance at the primary or central meeting location.
ARTICLE III. Countv Administrator.
3.1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board.
Once appointed, the County Administrator shall be the Chief Administrative Officer of the County
and shall perform his/her duties in accordance with the laws of the Commonwealth and the policies
of the County as established by the Board in regular or special session for that purpose. When the
Board is not in session, the County Administrator shall receive guidance concerning policy from
the Chairman, and in his absence, the Vice-Chairman.
3.2. The County Administrator shall be in complete charge of personnel of the County and shall,
in accordance with established policy, hire and fire. Any action of the County Administrator
concerning dismissal of personnel is subject to review by the Board and can be reversed by a two-
thirds (2/3) vote of the Board. Such review shall be limited to charges of discrimination and failure
to follow personnel policies on the part of the Administrator in the conduct of dismissal.
3.3. The County Administrator shall serve as the Purchasing Agent for the County as deiined by
under the County Code.
3.4. He/She shall have charge of the administration of the financial affairs of the County, and to
that end, shall have authority and be required to:
a) Cooperate with the Board in compiling estimates for the current expense and capital
budgets.
b) Supervise and control all encumbrances, expenditures, and disbursements to ensure that
budget appropriations are not exceeded; and keep the Board advised as to the financial
needs of the County.
c) Require, at such intervals as he may deem expedient or as instructed by the Board, report
of receipts from each of the departments, boards, commissions, agencies, and he/she may
prescribe the times at, and the manner in which, money is received by them shall be paid
fo the County Treasurer or deposited subject to modifications as prescribed and set forth in
the general laws of the Commonwealth. Examine all contracts, purchase orders, and other
Page 6 8
1
6.d.d
Packet Pg. 126 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
iv
6.d.d
Packet Pg. 127 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
documents which create financial obligations against the County, and approve the same
only upon ascertaining that money has been appropriated and allotted; therefore, subject
however, to the provision that the Board may in its discretion and judgment, amend,
modify, and alter this requirement to meet a specific need or requirement of a particular
piece of legislation approved by the Board.
ARTICLE IV. Board Committees.
4.1. The Board Standing Committees shall be as follows:
a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make
recommendations concerning Fiscal Policy.
b) Personnel: To review policies and practices and make recommendations regarding the same.
c) Property/Building: To view buildings and grounds and make recommendations regarding the
same.
d) Legislative Committee: The Legislative Committee, in collaboration with the County
Attorney, shall review, propose changes, and maintain current revisions to the Board of
Supervisors' Bylaws and Rules of Procedure; review, propose changes and maintain current
revisions to the Pittsylvania County Board of Supervisors Policies and Procedures Manual; and
review, propose changes, set public hearings for any proposed changes, and maintain current
revisions to the Pittsylvania County Code.
4.2. At the Board's Reorganizational Meeting, membership to the above-committees, and other
specified committees, shall be appointed by the Board Chairman from the membership of the
Board. Any appointment so made shall be for a specific term of office as determined by the
Chairman.
4.3. The Board may, from time-to-time, direct that the Chairman appoint committees for a specific
purpose with a limited duration.
4.4. The Chairman shall be authorized to temporarily participate, including voting, in any
committee for the purpose of creating a quorum and/or taking action.
ARTICLE V. Certain Ordinances and Resolutions to Lie Over.
5.1. No Ordinance or Resolution imposing taxes or appropriating money from general fund
balances, not included in the adopted budget, in excess of $50,000, shall be passed until after ten
10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal,
or other funds not in the current General Fund balances.
ARTICLE VI. Recordation of Ordinances and Resolutions.
Page 7 f 8
l3
6.d.d
Packet Pg. 128 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
1'
6.d.d
Packet Pg. 129 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
6.1. Every Resolution upon its final passage shall be recorded in a book kept for that purpose and
shall be authenticated by the signature of the Chairman and the County Administrator.
6.2. Every Resolution shall be authenticated and recorded in the same manner as in 6.1-above.
6.3. Every Motion appropriating funds or adopting an Ordinance shall be by Roll Call vote.
6.4. Every Ordinance passed by the Board of Supervisors shall be incorporated into the
Pittsylvania County Code.
ARTICLE VII. Amendments and Adoptions.
7.1. Amendments to these By-Laws and Rules of Procedure may be made at any meeting of the
Board by a majority vote of the Board present, after a notice of intent to amend has been given to
each Board member not less than ten (10) days prior to such meeting after a duly advertised and
conducted public hearing on said amendment(s).
7.2. Adoption of the By-Laws and Rules of Procedures shall be by simple majority vote of the
Board present and shall be in force and effect on the day after their passage.
Page 8 8
ir
6.d.d
Packet Pg. 130 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
6.d.d
Packet Pg. 131 Attachment: Legislative Committee Mtg. Agenda Item C (1432 : Legislative Committee/Review Update)
i
A
2019 PITTSYLVANIA COUNTY, VIRGINIA, LEGISLATIVE PRIORITY
LIST
1. Berryhill Connector Road and Intermodal Funding
2. Cherrystone and Roaring Fork Dam Rehabilitation Funding
3 Repurposing of CPMT Fine for School's Success Academy at Chatham Armory
4. County Ability to Ta c same as Cities and Towns
y Modification to School Funding Formula
6. Increase in Localities Ability to Tax Solar Projects
7. Increase in Court Cost Payments to be Used for Courthouse Facility Maintenance andlor
New Construction
Increase Rural Addition VDOT Funding
L9. Additional Funding for Local Comp Board Funding Positions
6.d.e
Packet Pg. 132 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
ti !i .,
t ,
e
V
6.d.e
Packet Pg. 133 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
Virgir ia Assc cial
Vir inia Assc c artion of Cauniies
120 E. Main St., Sufte 300
Richmond, VA 232i 9
804.788.6652
www.vaco.org
6.d.e
Packet Pg. 134 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
1 2 019 Legislative Program
z Virginia Association of Counties
3
4 Table of Contents
5
6
7
8 Economic Development and Planning P• 2
9
10
i Education P• 4
12
13
14 Environment and Agriculture P• 7
is
16
i Finance P.11
18
19
Zo General Government P• 13
zi
22
23 Health and Human Services p• 15
24
25
26 'I ansportation P• ig
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
6.d.e
Packet Pg. 135 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
42 ECONOMIC DEVELOPMENT AND
43 PLANNING
as Priorities
46
47 Broadband
as VACo urges the Commonwealth and the Federal Government to assist
49 communities in their efforts to deploy universal affordable access to the internet
5o for all areas, particularly in underserved and rural areas. Additionally, VACo
5 opposes mandates that limit or restrict local land use authority for the siting of
52 telecommunications infrastructure or result in a negative fiscal impact to county
53 budgets.
54
55 Proi ers and Growth Management Tools
56 VACo supports changes to the conditional zoning law to allow greater flexibility
5 in the application process for determining and addressing fiscal impacts.
58
59 VACo also supports legislation that grants localities additional tools to adequately
6o meet increasing needs for public services driven by new development without
6 burdening current residents with the cost of new growth through increased real
6z estate taxes. Such additional tools may include broad impact fee authority for all
63 counties, and adequate public facilities provisions.
64
6s Positions
66
6 Land Use
6s VACo supports maintaining local authority to plan and regulate land use and
69 opposes any legislation that weakens these key local responsibilities.
70
1 Regulation of Home-based Businesses
2 VACo opposes any legislation that limits or restricts local authority to regulate
73 home-based businesses, including short-term rentals regardless of whether
7a services or goods are purchased through an online hosting platform.
75
6 Affordable and Worl orce Housing
77 VACo supports maintaining federal and state funding and appropriate incentives
78 to assist localities in fostering affordable housing, as well as workforce housing
79 for employees such as teachers and first responders.
so
8 Economic Development
82 VACo supports economic development policies and programs that bolster local
s3 and regional development efforts by maintaining state funding and granting
84 additional funding and authority to promote local and regional initiatives. This
s5 includes the provision of adequate funding for the Agriculture and Forestry
86 Industries Development Fund (AFID); the Commonwealth Opportunity Fund;
s
6.d.e
Packet Pg. 136 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
s and the operations of the Virginia Economic Development Partnership (VEDP).
8s VACo also supports state funding for Virginia's planning district commissions
8g and local cooperative extension offices, which play key roles in addressing
90 regional challenges.
91
92 Impacts of Federal and Military Facilities
93 VACo supports maintaining federal and state funding and technical assistance to
94 mitigate the impacts on counties affected by federal budget cuts and to sustain
95 current and future federal facilities in Virginia. VACo supports state and local
96 partnerships that work to prevent encroachment and non-compatible land uses
97 ne ct to military installations. VACo also supports workforce training and
98 retraining for programs that support defense activities in Virginia.
99
10o Maintain Public Sector Role in Onsite Sewer Program
101 VACo supports an onsite sewage program at the Virginia Department of Health
02 (VDH) that protects public health and the environment in all regions of the
03 Commonwealth. The Commonwealth should give special focus to addressing the
oa challenge of failing septic systems and allow localities authority to develop and
105 implement policies that support the state's program. VACo supports the private
06 sector providing onsite sewage system design, installation, and repair services, as
o long as the services can be provided at affordable rates and in a timely manner,
08 and as long as VDH continues to provide these direct services as well.
109
110 Siting of 1`ransmission Lines
111 VACo supports requiring utilities to seek input from localities and property
112 owners before any actions to construct, modify or enlarge transmission facilities.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
6.d.e
Packet Pg. 137 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
133
134
135 Pl'lOI'1
136
EDUCATION
137 Education Funding
138 VACo urges the General Assembly to provide full state funding for public
139 education, including the Standards of Quality (SOQ) as recommended by the
4o Board of Education, where these recommendations coincide with prevailing local
4 practice, targeted incentive programs, capital, and maintenance support, and
142 teacher salaries.
143
144 Full state funding should be achieved without reduction to other parts of state
145 public education budgets or to other core services. Changes to school security and
ia6 high school graduation standards will require additional resources to implement
4 and those costs must be adequately funded by the state. VACo supports
4s additional state resources and additional funding options for localities for capital
149 and school construction costs.
150
5 VACo supports the current practice whereby all year-end funds appropriated to
152 the school divisions by the locality revert to the locality, retaining discretion with
153 the governing body to evaluate and approve the reallocation of year-end fund
154 balances.
155
156 POSIt1011S
157
5s Charter Schools
159 VACo opposes legislation that removes authority from local school boards and
6o divisions to establish charter schools.
161
62 Childhood Development and School Readiness
163 VACo supports efforts to increase at-risk children's access to high-quality,
164 enriching learning environments, including more resources and flexibility for
165 localities participating in programs like the Virginia Preschool Initiative and
166 Head Start.
167
168
169
170
172
173
Composite Index Calculation
VACo supports legislation to adjust the calculation of the Local Composite Index
for public school funding by directing the Department of Education to adjust its
funding calculations for the local ability to pay by using the use-value assessment
of real property, in localities that have adopted use-value taxation.
174 Critical thinking Skills
175 VACo supports changes to educational programs and standards that rely less on
6 standardized testing and more on critical thinlang skills such as performance-
based assessments.
1 8
6.d.e
Packet Pg. 138 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
179 Funding Support Personnel
Zso VACo supports full restoration of budget cuts, including the elimination of the
8 funding cap on support positions, and full reinstatement of the Cost of
182 Competing Adjustment "COCA" for support staff. In addition to meeting its
183 obligations to fully fund instructional staff, the Commonwealth should meet its
8a obligation to fully fund K-i2 support staff.
185
i85 Library System
s VACo supports maintaining the level of funding of financial aid to the library
188 system at levels budgeted for FY 2oi9 and FY 2020.
189
90 School Safety and Security
191 VACo supports efforts to improve school safety and preparedness including
92 establishing a Statewide School Safety Drill, for students, teachers,
193 administrators, law enforcement, and other staff to engage in active shooter
94 drills. VACo supports the development of model policies to provide guidance on
195 active shooter drills and updates to school safety plans and drills. VACo supports
196 dedicated state funding to improve school security for both capital and
97 operational costs including funding that would serve as an incentive for local
9s school divisions to hire additional Resource Officers, School Protection Officers,
199 or other security personnel and measures.
200
201 Special Education Regional'I.iition Reimbursement Program
202 VACo supports enhancing local capacity to serve children with high-level support
203 needs in the least restrictive environment, including regional special education
204 programs. VACo supports local flexibility in the structure of such programs. If a
205 new model for the distribution of funding for special education students with
205 intense support needs is implemented, such a model should be phased in
20 gradually, with state dollars provided to enable school divisions that would
2os otherwise experience reductions in funding to continue to meet federal
209 maintenance of effort requirements.
210
21 Teacher Shortage and Retention
212 VACo urges the General Assembly to approve and fund strategies addressing the
213 teacher shortage in the Commonwealth. VACo supports a targeted approach to
2 4 teacher shortage by prioritizing areas in critical need, as recommended by the
215 Virginia Department of Education. VACo supports using district-level data to
z 5 determine how to best fill shortage gaps, especially in hard-to-staff divisions.
2 VACo supports reducing burdens on the teacher workforce in the
2 8 Commonwealth. VACo supports programs aimed at reducing student debt for
219 teaching in public schools. VACo also supports programs that encourage teachers
22o to stay in the profession including measures that provide mentorship, guidance
221 and other forms of support for teachers in their first five years in the profession.
222
zz3 Workforce-Ready Students
224 VACo supports changes in curriculum and funding that will increase the number
225 of students leaving the K-i4 system with workforce-ready credentials. VACo
Q
6.d.e
Packet Pg. 139 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
supports incorporating career and technical education curriculum at the
elementary school level. VACo supports high school students earning academic
credit for participating in an internship, apprenticeship, credential, and other
work programs. VACo supports innovative models for schools to give academic
credit for students that earn industry workforce skills through certifications, or
licensure from an approved education or training provider. VACo supports
establishing partnerships to strengthen the school-to-workforce pipeline in a
variety of ways including guaranteed employment opportunities with local
businesses and learning opportunities shared between local community colleges
and high schools.
6.d.e
Packet Pg. 140 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
273 ENVIRONMENT AND AGRICULTURE
274
275 lOrl
276
2 Water Quality Improvement Funding
278 VACo supports effective partnerships across all levels of government as well as
279 adequate financial and technical assistance from the federal and state
2so governments to improve water quality. VACo supports improved water quality
28 but opposes strategies that penalize local governments by withdrawing current
282 forms of financial assistance or imposing monitoring, management, or similar
283 requirements on localities without providing sufficient resources to accomplish
284 those processes. VACo opposes the imposition of a state fee, taJC or surcharge, on
2s5 water, sewer, solid waste, or any service provided by a local government or
286 authority.
287
28s Hydraulic Fracturing
289 VACo supports a stringent state regulatory program for hydraulic fracturing (or
290 "fracking") that addresses the potential to tap into natural gas reserves in ways
291 that protect public and private groundwater supplies and preserve local
292 government authority to regulate and/or ban this type of mining activity through
293 their land use ordinances. VACo supports transparency efforts that require the
294 disclosure of all chemicals and chemical mixes used in the fracking process prior
295 to their use.
296
297 POS1t1011S
298
299 Aquifer Protection
30o VACo supports initiatives by the state to assure adoption of actions to reduce
301 high chloride concentrations and loss of artesian head pressure in Virginia's
302 aquifers. VACo also supports a review of regulations and supports education
303 initiatives that promote reclamation of water on a local level for industrial and
304 irrigation uses to offset future demands on all ground and surface water used for
305 human consumption.
306
307 BiOSOlids
308 VACo supports an effective statewide regulatory program governing land
309 application of biosolids. Such a program should not infringe upon the authority
310 of local governments to monitor compliance. VACo supports the ability of local
31 governments to propose amendments to biosolids permits as they are considered
31z by DEQ.
313
314 Conservation
3 5 VACo encourages targeted initiatives to facilitate the protection of land for
316 conservation purposes. VACo supports the creation a Purchase of Development
317 Rights program that provides state funding for the Virginia Land Conservation
31s Foundation and participation incentives for landowners. Such programs preserve
o
6.d.e
Packet Pg. 141 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
319 prime soils for food production and protect important forest land and
320 environmentally sensitive areas in the Commonwealth.
321
322 VACo supports voluntary state and federal conservation programs, including the
323 United States Department of Agriculture's (USDA) Environmental Quality
324 Incentives Program and the Conservation Stewardship Program, to assist
325 producers with the implementation of best management practices.
326
327 Dam Safety
328 VACo supports programs that keep downstream owners and developers aware of
329 potential inundation zones. VACo also supports sufficient state and federal
33o funding for the repair and maintenance of dams.
331
332 Energy
333 VACo supports renewable energy policies and energy efficiency measures that
334 reduce greenhouse gas emissions and lessen dependence upon foreign sources of
335 energy, and improve the feasibility of using renewable energy, including efforts to
336 remove barriers to municipal net metering. VACo supports legislation that
337 encourages renewable energy production through the implementation of
338 Renewable Portfolio Standards. VACo supports creative financing mechanisms
339 that enable localities to implement their own renewable energy and energy
3ao efficiency measures. VACo supports maintaining local zoning authority
341 regarding renewable energy facilities and other utility projects to protect
3a2 agricultural and other local considerations. Finally, VACo supports responsible
343 policies that enable coal and natural gas extraction, processing, and transport
344 while protecting agricultural interests and natural resources.
345
346 Invasive Species and Noxious Weeds
3a VACo supports funding for, and the complete implementation of, the Virginia
348 Invasive Species Management Plan. VACo supports an amendment to the term,
349 "noxious weeds," enabling additional invasive plants to be considered for
35o regulation. All programs and proposals should be evaluated for their commercial
351 impact, allowing no more than a negligible impact on Virginia's agricultural
352 industry. Finally, VACo supports requiring better state prevention and
353 mitigation practices.
354
355 Large Utility Projects
356 VACo supports the provision of adequate direction and resources for the state to
35 improve monitoring and enforcement of Erosion and Sediment Control and
358 Stormwater requirements by entities constructing large-scale utility projects. The
359 state should conduct a review of the annual standards, specifications, and
360 construction general permit requirements to determine adequate protection of
361 water quality and natural resources.
362
363 Non-Point Source Pollution
364 VACo supports a well-financed state program to address non-point source runoff
365 from agricultural operations. The program should encourage implementation of
6.d.e
Packet Pg. 142 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
366 priority best management practices (BMPs) such as nutrient management
367 planning, use of cover crops, continuous no-till farming and development of
368 forested riparian buffers and livestock stream exclusion.
369
3 o Predator Control
3 VACo urges state and federal agencies to support the agricultural industry by
3 2 allowing farmers and producers sufficient flexibility when protecting livestock
373 against predatory animals. VACo encourages the USDA Wildlife Services Division
374 and the Virginia Department of Agriculture and Consumer Services to allow
3 5 producers access to the predator control tools required for the continuation of
376 effective livestock production. VACo also supports USDA's Livestock Indemnity
377 Program and the financial relief it provides to producers who have lost livestock
3 s to the attacks of federally protected predators.
379
3so Southern Rivers Watershed
381 VACo supports continued funding for the Southern Rivers Watershed
382 Enhancement Program to improve water quality in non-Chesapeake Bay
383 watersheds.
384
385 Stormwater Programs
386 VACo supports state funding that enables local governments to fully satisfy the
3s resource and funding needs associated with local stormwater management
388 programs, such as the Stormwater Local Assistance Fund (SLAF). VACo supports
389 legislation that proposes creative and cost-effective stormwater management
390 practices. VACo supports initiatives that clarify and modernize stormwater
391 regulations and permitting processes, including measures that make permitting
392 more efficient, reevaluates the fee structure system, and allows for considerations
393 of factors such as long-term maintenance costs. VACo supports legislation that
394 proposes innovative solutions to facilitate compliance with stormwater standards
395 in ways that promote economic development while achieving water quality goals.
396
397 Onsite Wastewater Systems
398 VACo supports legislation ensuring that potential buyers of real properry are told
399 about the type, size and maintenance requirements and associated costs of the
40o wastewater systems on the property prior to the signing of the initial sales
401 contract and the recordation of engineered systems plat and deed at the time of
402 sale.
403
aoa Uranium Mining
405 VACo supports the continuation of a moratorium on uranium mining and milling
406 within the Commonwealth of Virginia.
407
4os Technical Assistance
409 VACo supports robust state funding for entities that provide critical resources
4 o and technical assistance to localities in their efforts to comply with
411 environmental policies and regulations. This includes, but is not limited to,
6.d.e
Packet Pg. 143 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
0
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
organizations such as the Virginia Cooperative Extension and Planning District
Commissions (PDCs).
Water Supply Planning
VACo supports appropriations adequate to ensure full funding by the state for the
ongoing development and implementation of state-mandated water supply plans.
VACo dces not support overly burdensome permitting processes or applications
for water usage.
i3
6.d.e
Packet Pg. 144 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
459
460
461 PrlOrltleS
462
FINANCE
463 LOCal FinSnCe
464 VACo supports the authority of county governments to levy and collect revenue
465 from local business taxes.
466
467
468
469
470
471
472
473
Equal Taxing Authority
VACo supports granting counties equal taxing authority to that enjoyed by cities
and towns to enact local excise taxes without referendum, such as the authority to
adopt a local meals tax without referendum and to levy and collect a tobacco tax.
Positions
474 Funding for State Mandated Positions and Jails
475 VACo urges the Commonwealth to meet its full funding obligations and provide
476 flexibility in the use of state funds for compensation of constitutional officers and
a state-supported local employees.
478
479 VACo requests that jail per diem funding in the 2018-202o biennial state budget
4s0 be increased to levels that better represent the costs of housing inmates, and be
481 adjusted for inflation in the future so that payments keep pace with rising costs.
482 The current rates of $4 per day for local-responsible inmates and $i2 per day for
483 state-responsible inmates are inadequate and represent an underfunded mandate
484 on counties. The Compensation Board estimated a total average daily cost of
485 operating local and regional jails at $85.1 per inmate in FY 2oi6, of which
486 $46.i6 was contributed by localities. Additionally, VACo requests that the state
4s fully fund four quarters of per diem payments in the introduced budget.
488
489 VACo supports payment of the medical costs of inmates using a cost-effective
490 program jointly funded at the federal and state levels. VACo supports
491 streamlining the process of eligibility determination and enrollment for inmates
492 who may qualify for Medicaid. VACo supports the provision of clinically
493 appropriate health care, including mental health care, for individuals
49a incarcerated in local and regional jails. If the state establishes standards for the
495 provision of health care, including mental health care, in local and regional jails,
496 these standards should be adopted through the regulatory process with ample
a9 opportunity for stakeholder involvement, and the state must provide sufficient
49s funding to allow these standards to be met. If the state mandates that mental
499 health assessments be conducted for inmates of local and regional jails who
500 appear to be suffering from mental illness, based on an initial screening, within
501 2 hours of that screening, the state must provide funding to support the
502 necessary staffing to conduct such assessments.
503
6.d.e
Packet Pg. 145 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
504 VACo supports reinstating state payments (PILT to counties that mitigate the
505 impacts of state correctional and behavioral healthcare facilities on counfiy
506 revenue.
507
5os Implementation of Medicaid Expansion
509 VACo supports full state funding for the local costs associated with Medicaid
5 o expansion, including local eligibility workers and case managers. VACo supports
5 the restoration of General Fund reductions to Community Services Boards in FY
512 2oi9 and re-examination of these expected savings in FY 2020. These savings
513 were incorporated in the 2oi8 Appropriations Act and are eupected to be
514 generated by replacing General Fund support for services for previously-
515 uninsured CSB clients with Medicaid billing for clients newly eligible for
516 Medicaid. However, there is concern that Medicaid billings may not fully cover
5 the General Fund reductions, particularly in the current fiscal year, as CSBs and
5 8 managed care organizations develop and perfect billing processes.
519
52o Modernization of Communications and Sales Tax Structure
52 VACo supports updating the Communications Sales and Use Tax (CSU'T) to
522 ensure that it reflects the modern telecommunications landscape, which has
523 evolved since the CSUT took effect in January 200.
524
525 VACo opposes any further diversion of Communications Sales and Use Tax Trust
526 Fund dollars beyond the uses already specified in statute. These revenues should
527 be held in trust for localities and not diverted for general state purposes.
528 Currently, funds from the Communications Sales and Use Tax Trust Fund are
529 taken "off the top" for the Department of Taxation's costs to administer the tax,
53o the telephone relay center operated by the Department for the Deaf and Hard of
53 Hearing, and any franchise fees owed to localities. Language adopted in the
532 20 8-202o biennium budget provides for an additional diversion of funds to the
533 state General Fund from assumed savings in the telephone relay contract; these
534 funds would otherwise flow to localities.
535
536 VACo supports revising sales and use taxes to address modern patterns of
537 consumption, such as online purchases. Any statutory changes enacted in light of
538 the Supreme Court decision eliminating the requirement for physical presence
539 for collection of sales and use taxes must include the ability for local option sales
54o taxes to be collected from remote sellers in addition to state sales taxes.
541
542 Real and Personal Property Tax Exemptions Enacted Prior to 2oog
543
544 VACo supports providing localities the ability to decide whether to maintain
545 property tax exemptions granted by the General Assembly prior to passage of the
546 Constitutional amendment vesting the authority to grant such exemptions with
54 localities. The Constitutional amendment which was passed by the voters in
548 2002 and took effect in January 2003 placed decision-making authority about
sa9 local tax exemptions with local governing bodies, within certain limits, and this
55o authority should apply to exemptions granted before 2003 as well.
551
l
6.d.e
Packet Pg. 146 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
552 GENERAL GOVERNMENT
553
554 Pr10r1tleS
555
556 Local Authority
557 VACo supports the relaxation of the Dillon Rule and legislation maintaining and
558 enhancing local authority and autonomy in matters including land use, revenue
559 measures, procurement and other issues of local concern. VACo supports
56o extending powers currently granted to some local governments to all local
56 governments. VACo opposes legislation that erodes local authority.
562
563 Unfunded Mandates
564 VACo opposes unfunded mandates and shifting fiscal responsibility for existing
565 programs by the Commonwealth from the state to localities. When funding for a
566 mandated program is altered, the mandate should be suspended until full
567 funding is restored. When legislation with a cost to localities is passed by the
55s General Assembly, the cost should be borne by the Commonwealth, and the
569 legislation should contain a sunset clause providing that the mandate is not
570 binding on localities until funding by the Commonwealth is provided.
571
s z Positions
573
574 Collective Bargaining for Public Employees
575 VACo opposes any effort to mandate collective bargaining for public employees.
576
577 Election Costs and Districts
5 8 VACo supports legislation that would decrease the costs of elections to localities.
579 These costs include primaries, voting equipment, personnel and voting places.
s8o Cost reduction solutions include requiring parties to pay for primary elections,
58 having one date for primary elections, using printed ballots, establishing
582 countywide voting places and other similar measures. The state should provide
583 adequate funding to localities for optical scan and other voting equipment and
584 registrar costs. VACo also supports legislation to minimize or eliminate Split
585 Voting Precincts. VACo supports a streamlined process to address situations in
586 which census boundaries do not align with locally drawn or commonly adhered to
58 boundaries. VACo supports legislation to expand the authority for localities
588 making voluntary boundary line adjustments to use Geographic Information
589 System (GIS) maps to depict the changes.
590
59 Ethics Reform
592 VACo supports common-sense efforts to strengthen Virginia's public ethics and
593 conflicts of interest laws that are applicable and practical.
594
595
596
b
6.d.e
Packet Pg. 147 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
597 Freedom of Information Act (FOIA)
598 VACo opposes changes to the Virginia Freedom of Information Act that would
599 impose additional burdens on localities.
600
6oi
602
603
604
605
606
607
608
609
610
611
612
613
614
615
Grievance Hearings
VACo supports legislation authorizing localities to use an administrative hearing
officer and existing grievance panels and procedures, and opposes the mandate of
a three-member panel. VACo also supports providing immunity to local
government employees, officers, volunteers, administrative hearing officers and
panel members for claims arising out of participation in personnel grievance
procedures.
Interoperability
VACo supports the state's goal that agencies and their representatives at the local,
regional, state and federal levels be able to communicate using compatible
systems to respond more effectively during day-to-day operations and major
emergencies. Local governments require dedicated federal and state funding
sources to achieve this goal.
616 Next Generation 9-i-i (NG9-i-i)
617 VACo supports the Commonwealth's transition to Next Generation 9-i-i (NG9-i-
61s i) in a way that does not unfairly burden localities, financially or otherwise.
619
62o Pretrial Services
62 VACo supports increased funding for, and expansion of, pretrial services.
622
623 Public Notice, Public Hearing, and Public Procurement
624 VACo supports legislation to reduce required newspaper advertising for public
625 notices, public hearings and public procurement including legislation to give
626 localities the option to use electronic or other forms of notification as an
527 alternative to newspaper advertising.
628
629
630
631
632
633
634
635
636
637
638
Public Safety — Body Worn Cameras
VACo supports maintaining the ability of local governments to adopt policies and
practices regarding body-worn cameras that reflect local needs and fiscal
realities.
Sovereign Immunity
VACo opposes any substantive change in local governments' present defense of
sovereign immunity. VACo opposes bringing counties under the Virginia Tort
Claims Act.
639 State Assistance for Police Departments
640 VACo supports increasing state assistance for police departments through "599"
641 Aid to Localities. This funding is designed to equalize state funding between
642 counties in which the sheriff department provides law enforcement and those
643 cities, counties, and towns with a police department.
6.d.e
Packet Pg. 148 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
644
645
646
647
648
649
650
651
652
653
654
655
656
657
HEALTH AND HUI ZAN RESOURCES
Pl'lOPl
Health and Human Resources Funding
VACo supports transparent state policies and funding to ensure the
Commonwealth's at-risk families have access to high quality and appropriate
services. The Commonwealth should provide full funding to localities and their
state administrative entities for state-mandated human services and provide the
necessary program flexibility to enable localities to provide comprehensive and
case-tailored services.
Positions
658 Aging/Long-Term Care
659 VACo supports efforts that allow seniors to remain at home in a safe and secure
660 environment. VACo urges the General Assembly to provide sufficient funding for
661 companion services, in-home services, and home-delivered meals.
662
663 Behavioral Healthcare
664 VACo supports continued funding by the Commonwealth sufficient to allow
665 Community Services Boards (CSBs) to meet adequately the charge of providing
666 services through a community-based system of care. State support must
667 adequately enable CSBs to provide the additional services mandated by the
56s General Assembly to be phased in over the next several years, as well as any
669 additional requirements that may be added, such as a requirement to provide
5 o behavioral health treatment in local and regional jails. VACo supports the ability
671 of the Department of Behavioral Health and Developmental Services to waive
6 2 local matching requirements for CSB funding for localities e eriencing financial
673 hardships. Realignment of the behavioral health funding structure to incentivize
674 community-based treatment rather than use of state hospitals will require
675 additional state dollars and must not rely on local funding to backfill
676 unanticipated costs for hospitalization.
677
6 8 VACo supports the creation of additional Medicaid waiver slots to serve
679 individuals with intellectual and developmental disabilities in the community,
68o more than i2,000 of whom were on a wait-list as of January 2oi8.
681
6s2 Children's Services Act
683 VACo supports monitoring the implementation of policies by the State Executive
684 Council that provide guidelines for public participation in its process of
685 developing and adopting policy.
686
68 VACo supports equitable cost-sharing between the state and localities for the
68s costs involved in the placements of children in residential treatment facilities for
5s9 non-educational reasons. VACo opposes proposals to limit state participation in
6.d.e
Packet Pg. 149 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
690 funding services for children and youth who are mandated to be provided with
691 special education and foster care services.
692
693 VACo supports enhancing the ability of local school divisions to serve children
694 with disabilities in their neighborhood schools, to include flexibility in use of
695 state pool funds to serve children with high-level needs in local or regional
696 programs tailored to meet those needs, and additional support for special
697 education wraparound services to help support children in their communities.
698
699 VACo supports the development of outcome measures to track students' progress
700 in private day placements. VACo supports state assistance to localities with
7oi contracting for CSA services as well as a study of the potential benefits of
02 establishing a rate-setting structure for educational services funded through CSA.
703
04 Early Intervention
705 VACo supports sustainable funding for Part C Early Intervention, which is an
06 entitlement program that provides services for Virginia's infants and toddlers.
707 VACo requests that the General Assembly continue to increase state general
708 funding to address growth in caseloads. Underfunding this entitlement program
09 puts pressure on local revenues to fill funding gaps for this mandated service.
o
711 Emergency Medic,al Transportation
712 VACo supports policies to protect consumers who require air ambulance services.
7 3 VACo opposes proposals that would add additional legal and administrative
71a burdens on local first responders regarding decisions about methods of
715 transportation in emergency situations.
716
717 Foster Care
718 VACo supports efforts to ensure that the state is prepared to meet the
19 requirements of the recently-enacted federal legislation governing federal
zo funding for children placed in foster care, to include preparing providers to meet
21 new standards required in the law. This legislation will allow federal
22 participation in prevention services that previously have been funded by state
723 and local dollars, but services must meet certain standards in order to qualify for
2a federal funding.
725
7z6 Group Homes
727 VACo supports resources necessary for the state to enforce appropriate
728 regulation of group homes to ensure the protection of residents' health and
729 safety.
730
731 Healthcare
32 VACo supports continued state funding for dental care, school nurses and
733 preventive services and maternal and child health programs offered through local
734 health departments and local school systems. VACo encourages the state to
735 prepare for emergency health services access to care and to develop and fund
736 incentives that would alleviate the nursing shortages felt in many communities.
q
I
6.d.e
Packet Pg. 150 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
737
738 Iiuman 1 afiiclun g
739 VACo supports treating survivors of human trafficking as victims, not criminals,
4o and supports their access to services available to other trauma victims, such as
a job placement services, housing assistance, access to education, legal services,
a2 and mental health services.
743
744 Local EMS Involvement
745 VACo supports increased local involvement in state EMS planning to ensure
746 statewide needs are met and to avoid imposing unnecessary barriers to
747 volunteerism.
748
749 Prevention Services
75o VACo supports increased state general funding for community-based service
75 programs. VACo recognizes programs such as Healthy Families, Comprehensive
752 Health Investment Project (CHIP) of Virginia, Smart Beginnings, and Resource
753 Mothers as important models and requests that the General Assembly provide
754 additional funding for these home- and community-based activities. Investments
55 in programs that ensure a strong start for children can help reduce the need for
756 costlier interventions later in life.
757
ss Substance Abuse
759 Efforts to address substance dependency must be comprehensive and
6o coordinated with localities. The state should develop and support evidence-based
61 prevention initiatives and should continue to improve access to treatment.
762
763 Telehealth
764 VACo supports the use of electronic information and telecommunications
765 technologies to support long-distance clinical health care, patient and
766 professional health-related education, public health and health administration.
67 Flexibility in the delivery of these services is essential in meeting the needs of
768 residents.
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
6.d.e
Packet Pg. 151 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
84
785
786
787
788
789
790
791
792
793
794
795
796
797
798
TRANSPORTATION
lOi'1t1CS
Transportation Funding
7 VACo supports a study to examine the causes for declining growth in
transportation revenues and to develop recommendations to grow revenue over
time to meet increasing demands for new construction and maintenance for
existing transportation infrastructure. Such a study must address the secondary
road needs of counties throughout the Commonwealth, as such funding has been
vastly reduced over the past io years.
VACo supports changes to simplify the Smart Scale process for allocating
transportation funds to reduce time and costs to prepare and review applications.
799 VACo supports adequate funding levels to maintain existing transit capital state
80o match rates which are projected to decline starting in 2o2i due to the depletion of
801 transportation bonds.
802
803 In 2oi8 the legislature enacted a dedicated funding solution for Metro that came
so4 largely through reallocation of existing revenues, at the expense of other
805 significant transportation projects throughout Northern Virginia. To address this
806 issue, VACo supports efforts to replace the regional funding that was redirected
807 from the Northern Virginia Transportation Authority.
808
so9 Positions
sio
s Local-State Cooperation
812 VACo is committed to the protection of local government authority to regulate
s13 land use. This authority must be recognized by Virginia Department of
814 Transportation (VDOT and the Commonwealth Transportation Board (CTB)
815 when evaluations are conducted to determine the consistency between local
816 transportation plans and the Commonwealth's transportation priorities. VACo
8 also opposes the reduction of local control that is associated with the CTB's
s 8 process of designating Corridors of Statewide Significance and the
819 implementation of Arterial Preservation. Additionally, VACo supports additional
8zo flexibility within the VDOT project approval process and standards to be
s21 responsive to localities' individual needs.
822
823
YI
6.d.e
Packet Pg. 152 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
s2a Devolution of Secondary Roads
825 VACo opposes legislative or administrative initiatives that would transfer to
s26 counties the responsibility for the construction, maintenance or operation of new
s2 and existing roads.
szs
s29 Highway Tolls
83o VACo opposes the installation of toll facilities on Virginia's interstate highways
s31 until the Commonwealth Transportation Board has thoroughly reviewed and
832 assessed the components of a long-term capital improvement program, has
s33 identified and compared all available funding alternatives and has adopted a
834 proposal that matches capital improvements with realistically available funding
835 sources.
836
3 Maintenance Priorities
s38 VACo supports a requirement imposed upon VDOT to implement a notification
s39 plan with the local governing body to establish maintenance priorities.
840
841
842
843
844
845
846
s47
848
Parking
VACo supports general authority for counties to adopt ordinances regulating,
including prohibiting, the parking of boats, RVs, utility trailers, campers, etc. on
subdivision streets. In addition, VACo supports additional authority that would
allow localities with parking ordinances the ability to enforce such ordinances
using law enforcement, uniformed local employees, or uniformed personnel
under contract with the locality.
s49 Rail Enhancement Fund
85o VACo supports authority for counties to approve Rail Enhancement Fund
851 projects funded by the state and constructed within their jurisdictions.
852
853 Railway Crossings
s54 VACo supports efforts to safely improve mobility issues on roads that cross
855 railway lines.
856
85 Road Construction and Maintenance
858 VACo supports legislation that would prohibit VDOT from requiring localities to
859 administer any transportation project without the consent of the local governing
860 body.
861
862
863
864
865
866
867
IY uck Size and Weight
VACo opposes any legislation that seeks to increase truck size or weight beyond
the current federal standards, thereby stressing the capacity of the
Commonwealth's road systems and putting highways, roads, and bridges at risk
of increased damage or deterioration.
ry
6.d.e
Packet Pg. 153 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
Virginia Assaciation of Counties
120i E. Main St., Suite 30i3
Richmand, VA 23219
1'j
J
1llrglnta Aasawia tton o f t a ur tles
6.d.e
Packet Pg. 154 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
v
6.d.e
Packet Pg. 155 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
1 2 01 S Legislative Program
z Virginia A sociation of Counties
3
a Table of Contents
5
6
7
8 2oi8 Overarching Legislative Priority Positions p. 2
9
10
11 Economic Development and Planning p. 3
12
13
14 Education p.5
15
16
17 Environment and Agriculture p. 7
18
19
20 Finance p.12
21
22
z3 General Government p. i4
24
25
z6 Health and Human Services p. i6
27
28
29 Transportation p. i8
30
31
32
33
34
35
36
37
38
is
6.d.e
Packet Pg. 156 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
V
6.d.e
Packet Pg. 157 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
39 VACo's 2oi8 Overarchin Le islative
4o Priorit_y Position
41
42
43 Increase Education Funding
To assure each child in Virginia a quality education necessary for his or her success,
45 VACo calls upon the Governor and General Assembly to fully fund the Standards of
46 Quality as recommended by the Board of Education, where these recommendations
47 coincide with prevailing local practice, as well as the Standards of Accreditation.
48
49 The provision of a quality education for all Virginia's children is the most important
5o function of state and local government. The infusion of K-i2 funding provided in the
51 2oi6 General Assembly session and the additional dollars supplied in 2oi were steps in
52 the right direction toward restoring the state's partnership with localities in fulfilling
53 this critical mission. However, when adjusted for inflation, state direct aid per-pupil
54 spending on public education in FY 2oi8 is less than funding levels in FY 2006. With
55 increased educational mandates, increased numbers of students, increased numbers of
56 students with special needs, and state policy changes that decreased education funding,
5 local school divisions have had to eliminate important academic programs, cut
5s instructional and support staff, and increase class sizes, despite strong local efforts to
59 improve efficiencies in public education.
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
v'
6.d.e
Packet Pg. 158 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 159 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
8z ECONUMIC DEVELQPMENT AND
83 PL,ANNING
84
ss Priorities
86
s7 Broadband
88 VACo urges the Commonwealth and the Federal Government to assist
s9 communities in their efforts to deploy universal affordable access to broadband
90 for all areas, particularly in underserved and rural areas. Additionally, VACo
91 opposes mandates that limit or restrict local land use authority for the siting of
9z telecommunications infrastructure or result in a negative fiscal impact to county
93 budgets.
94
95 Proffers and Growth Management Tools
96 VACo supports changes to the conditional zoning law to allow greater flexibility
9 in the process for determining impacts to be addressed when considering an
98 application for development.
99
10o VACo also supports legislation that grants localities additional tools to adequately
101 meet increasing needs for public services driven by new development without
102 burdening current residents with the cost of new growth through increased real
03 estate taxes. Such additional tools may include broad impact fee authority for all
l04 counties, and adequate public facilities provisions.
105
io6 Positions
io
os Land Use
109 VACo supports maintaining local authority to plan and regulate land use and
110 opposes any legislation that weakens these key local responsibilities.
111
112 Enhanced Coordination between Worl orce System and Ki4
113 Education
114 VACo supports changes in curriculum and funding that will increase the number
115 of students leaving the Ki4 system with workforce ready credentials.
116
117 VACo also supports innovative models for schools to give academic credit for
ZZS students who earn industry worl orce skills through certifications, or licensure
119 from an approved education or training provider.
120
121 Regulation of Home-based Businesses
122 VACo opposes any legislation that limits or restricts local authority to regulate
123 home-based businesses, including short term rentals, regardless of whether
124 services or goods are purchased through an online hosting platform.
125
126
6.d.e
Packet Pg. 160 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 161 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
12 Affordable and Workforce Housing
128 VACo supports maintaining federal and state funding and appropriate incentives
129 to assist localities in fostering affordable housing, as well as workforce housing
13o for employees such as teachers and first responders.
131
32 Economic Development
133 VACo supports economic development policies and programs that bolster local
134 and regional development efforts by maintaining state funding and granting
135 additional funding and authority to promote local and regional initiatives. This
136 includes the provision of adequate funding for the Agriculture and Forestry
137 Industries Development Fund (AFID); the Commonwealth Opportunity Fund;
138 and the operations of the Virginia Economic Development Partnership (VEDP)
139 VACo also supports state funding for Virginia's planning district commissions,
14o which play a key role in addressing regional challenges.
141
42 Impacts of Federal and Military Facilities
143 VACo supports maintaining federal and state funding and technical assistance to
144 mitigate the impacts on counties affected by federal budget cuts and to sustain
145 current and future federal facilities in Virginia. VACo supports state and local
146 partnerships to work to prevent encroachment and non-compatible land uses
47 next to military installations. VACo also supports workforce training and
148 retraining for programs that support Defense activities in Virginia.
149
15o Maintain Public Sector Role in Onsite Sewer Program
151 VACo supports an onsite sewage program at the Virginia Department of Health
5z (VDH) that protects public health and the environment in all regions of the
153 Commonwealth. The Commonwealth should give special focus to addressing the
154 challenge of failing septic systems and allow localities authority to develop and
155 implement policies that support the state's program. VACo supports the private
156 sector providing onsite sewage system design, installation and repair services, as
5 long as the services can be provided at affordable rates and in a timely manner,
ss and as long as VDH continues to provide these direct services as well.
159
6o Siting of ansmission Lines
161 VACo supports requiring utilities to seek input from localities and property
6z owners before any actions to construct, modify or enlarge transmission facilities.
163
164
165
166
167
168
169
170
171
172
3
6.d.e
Packet Pg. 162 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
v
6.d.e
Packet Pg. 163 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
173
174
i s Priori
176
EDUCATION
177 Education Funding
17g VACo urges the General Assembly to provide full state funding for public
1 9 education, including the Standards of Quality (SOQ) as recommended by the
so Board of Education, where these recommendations coincide with prevailing local
181 practice; targeted incentive programs; capital and maintenance support; and
82 teacher salaries. Full state funding should be achieved without reduction to other
183 parts of state public education budgets or to other core services. The state must
184 recognize that in FY 2o 61ocal school divisions spent approximately $3.9 billion
185 above required local effort. VACo opposes proposals to divert state or local
86 education funds from local school divisions. Major proposed changes to high
Zs school graduation standards will require additional resources to implement and
sss those costs must be allocated fairly between the state and localities.
189
190 VACo supports the current practice whereby all year-end funds appropriated to
191 the school divisions by the locality revert to the locality, retaining discretion with
92 the governing body to evaluate and approve the reallocation of year-end fund
193 balances.
194
195 pOS1t10riS
196
197 Composite Index Appeal process
9s VACo supports legislation that would establish an appeals process for local
199 governments to challenge computation of the Local Composite Index.
200
201 Composite Index, Use Value
zoz VACo supports legislation to adjust the calculation of the Local Composite Index
203 for public school funding by directing the Department of Education to adjust its
zo4 funding calculations for the local ability to pay by using the use-value assessment
205 of real property, instead of the true value, in localities that have adopted use-
206 value ta cation.
207
2os Charter Schools
209 VACo opposes legislation that provides authority for the State Board of Education
2 o to establish charter schools.
211
2 2 Early Childhood
213 VACo supports efforts to increase at-risk children's access to high-quality,
214 enriching learning environments, including flexibility for localities participating
215 in the Virginia Preschool Initiative and Head Start.
216
217
218
3
6.d.e
Packet Pg. 164 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 165 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
z19 .inding Support Personnel
zzo In addition to meeting its obligations to fully fund instructional staff, the
zz Commonwealth should meet its obligation to fully fund the support side of K-i2.
22z Since 2009, Virginia has implemented sizable structural budget cuts to K-i2,
zz3 particularly in the area of support, costing localities more than $i. billion per
224 biennium statewide. VACo supports full restoration of these cuts, including
225 elimination of the funding cap on support positions, and full reinstatement of the
226 Cost of Competing Adjustment (COCA) for support staff. Adequate state funding
zz for support staff and operations is critically important for the operation of any
zz8 school system.
229
z3o Library System
z31 VACo supports maintaining the level of funding of financial aid to the library
232 system at levels budgeted for FY 2oi8.
233
234 School Safety
235 VACo supports funding to improve school security, including but not limited to
236 funding that would serve as an incentive for local school divisions to hire School
237 Resource Officers (SROs) to assure the protection of Virginia's school children.
238
239 Special Education Regional Tuition Reimbursement Program
24o If a new model for distribution of funding for special education students with
241 intense support needs is implemented, such a model should be phased in
z4z gradually, with state dollars provided to enable school divisions that would
243 otherwise experience reductions in funding to continue to meet federal
244 maintenance of effort requirements.
245
246
3
6.d.e
Packet Pg. 166 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
b
6.d.e
Packet Pg. 167 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
247
248
249
250
ENVIRC)NMENT AND AGRICULTURE
PrlOPltleS
251 Water Quality Improvement Funding
252 VACo supports effective partnerships among and across all levels of government
253 to improve water quality.
254
255 VACo urges state and federal agencies to consider impacts on local governments
256 of any initiatives intended to reduce loadings of pollutants into state waters from
25 both point and non-point sources. In order for comprehensive, watershed-wide
258 water quality improvement strategies to be effective, major and reliable forms of
259 financial and technical assistance from federal and state governments will be
26o necessary. VACo supports the goal of improved water quality, but will oppose
z51 provisions of any strategy that penalizes local governments by withdrawing
262 current forms of financial assistance or imposing monitoring, management or
263 similar requirements on localities without providing sufficient resources to
264 accomplish those processes. VACo opposes the imposition of a state fee, tax or
265 surcharge on water, sewer, solid waste or any service provided by a local
266 government or authority.
267
268 Hydraulic Fracturing
269 Advances in technology for the extraction of natural gas known as "hydraulic
2 o fracturing" has the potential to tap vast reserves in what are known as the
z71 Marcellus shale and Taylorsville Basin deposits. Concerns about how the process
z z of hydraulic fracturing could impact both public and private groundwater
273 supplies have been raised both regionally and nationally. VACo supports a state
z 4 regulatory program that addresses these concerns while protecting the authority
275 of local governments to regulate and/or ban this type of mining activity through
276 their land use ordinances.
277
278 Specifically, VACo supports a regulatory program with the following components:
279
280 • A requirement for permit applicants to provide certification to the
28 Department of Mines, Minerals and Energy that the activity and
zs2 associated activities are consistent with applicable local ordinances;
283
284
285
286
Authority for local governments to require documentation that all state
requirements are met as a condition for local approval;
2s7 • Requirements for operators of hydraulic fracturing operations to
2ss demonstrate adequate financial assurance to ensure the availability of
289 adequate resources to correct any damages that could result from
290 drilling operations;
291
6.d.e
Packet Pg. 168 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 169 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
29z • Through a portion of permit fee revenues, establish a state fund to
293 defray local costs that would be associated with the training of first
294 responders as preparation for emergencies stemming from fracturing
295 activities;
296
29 • To assure continuity in protection of health and natural resources, that
298 provisions in the Memorandum of Agreement between DMME and
299 DEQ of August i2, 2oi4 be strengthened and perpetually
30o institutionalized by statute or regulation; and
301
302 • VACo supports the disclosure of all chemicals and chemical mi ces used
303 in the "fracking" process prior to their use.
304
305 POS1tlOriS
306
307 Aquifer Protection
3os VACo supports initiatives by the state to assure adoption of actions to reduce
309 high chloride concentrations and loss of artesian head pressure in Virginia's
3 o aquifers. VACo also requests that the Commonwealth conduct a review of
31 regulations, and promote education to promote reclamation of water on a local
312 level for industrial and irrigation uses to offset future demands on all ground and
313 surface water used for human consumption in the Commonwealth.
314
315 Biosolids
316 VACo contends that the land application of exceptional quality and Class B
3 biosolids, when conducted properly, provides important benefits to the public
318 and Virginia's agricultural sector. To reduce risks that might occur because of
319 improper land application, VACo supports an effective statewide program and
3zo regulations governing land application of biosolids that protect the environment,
321 public health and safety. VACo also supports the ability of local governments to
322 monitor compliance with such regulations. To address concerns of neighboring
323 property owners, VACo supports the ability of local governments to suggest
324 amendments to biosolids permits as they are being considered by the Department
325 of Environmental Quality.
326
327 Dam Safety
3zs VACo supports dam safety regulations that do not impose unreasonable costs on
329 dam owners whose structures meet current safety standards. VACo encourages
33o DCR to institute reasonable calculations of probable m imum precipitation
331 rainfall amounts that accurately identify at-risk structures and facilitate the most
332 efficient targeting of scarce resources to the neediest structures. VACo supports
333 programs that keep downstream owners and developers aware of potential
334 inundation zones. VACo also supports sufficient state and federal funding for the
335 repair and maintenance of dams.
336
337
3
6.d.e
Packet Pg. 170 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
e
6.d.e
Packet Pg. 171 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
338 Energy Eff'iciency
339 VACo endorses initiatives among all levels of government to reduce dependence
34o upon foreign sources of energy, to reduce emissions of greenhouse gases and to
341 improve energ,y efficiency. VACo supports production of renewable energy in
342 Virginia through the implementation of Renewable Portfolio Standards. VACo
343 also supports responsible policies that enable coal and natural gas extraction,
3 processing and transport while protecting agriculture and water resources.
345
346 Invasive Species and Noxious Weeds
347 VACo supports adequate funding to implement the Virginia lnvasive Species
348 Management Plan. The Plan identifies strategies to prevent and control damage
349 caused by invasive species. VACo supports amendments to the definition of
350 "noxious weeds" to enable a wider number of known invasive plants to be
351 considered for regulation by the Virginia Department of Agriculture and
352 Consumer Services (VDACS), with consideration of any commercial impacts to
353 Virginia growers and retailers, so that sales and transport of designated invasive
354 plants can be prohibited in a manner that helps protect parks and green spaces,
355 with negligible impacts to Virginia's nursery industry.
356
357 Land Conservation
358 VACo supports targeted initiatives to facilitate the protection of land for
359 conservation purposes. VACo also supports a Purchase of Development Rights
36o program that includes state funding for the Virginia Land Conservation
361 Foundation, and that provides incentives for landowners at all income levels to
362 participate in the program. Such programs preserve prime soils for food
353 production and protect important forestal land and environmentally sensitive
364 areas in the Commonwealth.
365
366 Large Utility Projects (Pipelines)
367 VACo supports the provision of adequate direction and resources for the
368 Department of Environmental Quality (DEQ) to improve monitoring and
369 enforcement of Erosion and Sediment Control and Stormwater requirements by
3 o entities constructing large-scale utility projects. DEQ should conduct a review of
371 the annual standards and specifications and construction general permit
3 2 requirements for those projects to determine if they are providing adequate
373 protection of water quality and natural resources.
374
375 Non-Point Source Pollution
376 VACo supports a well-financed state program to address the problem of non-
377 point source runoff from agricultural operations. The program should effectively
378 encourage implementation of priority best management practices such as
379 nutrient management planning, use of cover crops, continuous no-till farming
380 and development of forested riparian buffers and livestock stream exclusion.
381
382
383
384
9
6.d.e
Packet Pg. 172 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 173 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
3s5 Southern Rivers Watershed
3s6 VACo supports continued funding for the Southern Rivers Watershed
387 Enhancement Program to improve water quality in non-Chesapeake Bay
3ss watersheds.
389
390 Stormwater Programs
391 VACo supports adequate funding to enable local governments to meet ongoing
392 costs associated with local stormwater management programs that became
393 effective July i, 2oi4. VACo believes it will be critical to evaluate the effectiveness
394 of the fee structure in the Virginia Stormwater Management Permit regulations
395 as the chief source of revenue for funding local stormwater management
396 programs.
397
398 VACo strongly opposes any legislation by the 2oi General Assembly that would
399 amend any or all components of the Stormwater Management Laws that do not
40o fully satisfy the resource and funding needs of the Department of Environmental
401 Quality (DEQ) to administer, enforce and maintain the Stormwater Management
402 Laws. VACo further opposes any legislation that would be in conflict with HB
ao3 ii73/SB 423 that passed the 2oi4 General Assembly and that would impose any
404 additional mandates or financial burdens upon local governments. VACo
405 supports legislation to correct the so-called "donut hole" problem that currently
406 requires "opt out" local governments to enforce stormwater requirements for
ao7 land disturbances between 2,50o square feet and i acre.
408
409 VACo also supports legislation to:
410
41 • Amend Section 62.i-44•15 48 of the Code of Virginia to remove the
4 z requirement that proceeds from penalties must be used only for
413 purposes mandated under that section of the Code.
414
415 • Remove the requirement from the Construction General Permit that
416 permittees must comply with Virginia's post construction standards for
417 water quality.
418
419 • Amend Section 62.i-44.5:28 of the Code of Virginia to give localities
42o the ability to waive the state's portion of the VSMP fees if a locality
421 waiver policy has been implemented by a locality and approved by the
422 Board. VACo also requests a new locality/state workload analysis to
423 justify the state's portion from the stormwater permit fee. The new
424 analysis should address long-term responsibilities placed on localities
425 that previous studies ignored.
426
42 • Amend Virginia's Stormwater Management Law that would distribute
428 a maximum of io percent of statewide stormwater fees revenue to the
429 Virginia Stormwater Management Fund with the remaining 90 percent
430 remaining with local governments.
431
1
N3
6.d.e
Packet Pg. 174 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 175 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
432 • Amend Section 62.i-44•15 33 of the Code of Virginia to mandate that
433 the State Water Control Board consider long-term maintenance costs
434 of a Best Management practice when approving a local stormwater
435 program.
436
437 • Support the continued work by the General Assembly in looking for
438 any and all options to make stormwater solutions more effective from a
439 cost and water quality point of view.
440
i • Support innovative solutions to facilitate compliance with stormwater
a42 standards in a manner that would promote economic development
3 while achieving water quality goals.
Onsite Wastewater Systems
VACo supports legislation ensuring that potential buyers of real property are told
about the type, size and maintenance requirements and associated costs of the
wastewater systems on the property prior to the signing of the initial sales
contract and the recordation of engineered systems plat and deed at the time of
sale.
Uranium Mining
VACo supports continuation of a moratorium on uranium mining and milling
within the Commonwealth of Virginia.
Virginia Cooperative F,xtension
VACo supports sufficient funding for the Virginia Cooperative Extension Service.
Water Supply Planning
VACo supports appropriations adequate to ensure full funding by the state for the
ongoing development and implementation of state-mandated water supply plans.
Zoning Authority
VACo supports maintaining local zoning authority regarding solar farms for the
purpose of protecting agriculture and other local considerations.
6.d.e
Packet Pg. 176 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
J b
6.d.e
Packet Pg. 177 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
479
480
481 Priorities
482
FINANCE
483 Local Finance
484 VACo supports the authority of county governments to levy and collect revenue
485 from local business taxes.
486
48 Equal Taxing Authority
4ss VACo supports granting counties equal taxing authority to that enjoyed by cities
4s9 and towns to enact local excise taxes without referendum, such as the authority to
a90 adopt a local meals tax without referendum and to levy and collect a tobacco tax.
491
492 POS1t10riS
493
494 Funding for State Mandated Positions and Jails
495 VACo urges the Commonwealth to meet its full funding obligations and provide
496 flexibility in the use of state funds for compensation of constitutional officers and
497 state-supported local employees.
498
499 VACo requests that jail per diem funding in the 2oi8-2o2o biennial state budget
50o be returned at least to 2oio levels, which were $8 per day for local-responsible
so1 inmates and $i4 per day for state-responsible inmates. The current respective
502 rates of $4 and $i2 per day, respectively, are inadequate and represent an
so3 underfunded mandate on counties.
504
so5 Additionally, VACo requests the state fully fund four quarters of per diem
so6 payments in the introduced budget and pay the medical costs of inmates using a
50 cost-effective program jointly funded at the federal and state levels.
sos
509 If the state mandates that mental health assessments be conducted for inmates of
s o local and regional jails who appear to be suffering from mental illness, based on
511 an initial screening, within 2 hours of that screening, the state must provide
512 funding to support the necessary staffing to conduct such assessments.
513
514 VACo supports reinstating state payments (PILT) to counties that mitigate the
515 impacts that state correctional and behavioral healthcare facilities on county
516 revenue.
517
518 "Local Aid to the Commonwealth"
519 VACo commends the Governor and the General Assembly for eliminating the
520 "Local Aid to the Commonwealth" in the 2oi5 session of the General Assembly
521 and opposes any reinstatement of this burden on local governments. Since 2009,
522 local governments returned $i90 million in funding for state mandated services
523 though through "Local.Aid to the Commonwealth."
524
6.d.e
Packet Pg. 178 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 179 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
525 Modernization of Communications and Sales Tax Structure
526 VACo supports updating the Communications Sales and Use Tax (CSUT) to
527 ensure that it reflects the modern telecommunications landscape, which has
528 evolved since the CSLTT took effect in January 200. Similarly, VACo supports
529 revising sales and use taxes to address modern patterns of consumption, such as
530 online purchases.
531
532 Provisions of Bond Referenda
533 VACo supports the ability of counties to seek approval from voters of both the
534 issuance of bonds and the authority to impose a food and beverage tax in a single
535 referendum question. Such a referendum question would allow voters to approve
536 the issuance of debt and the use of revenues derived from the food and beverage
537 tax to repay the debt.
538
539
540
6.d.e
Packet Pg. 180 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 181 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
541 •
542
543 Priorities
544
GENERAL GUVERNMENT
545 Local Authority
546 VACo supports relaxation of the Dillon Rule by granting and maintaining local
547 authority and autonomy in matters including land use, revenue measures,
548 procurement and other issues of local concern. VACo supports extending powers
549 currently granted to some local governments to all local governments.
550
551 Unfunded Mandates
552 VACo opposes unfunded mandates and shifting of fiscal responsibility from the
553 state to localities for existing programs by the Commonwealth. When funding for
554 a mandated program is altered, the mandate should be suspended until full
555 funding is restored. When legislation with a cost to localities is passed by the
556 General Assembly, the cost should be borne by the Commonwealth, and the
557 legislation should contain a sunset clause providing that the mandate is not
55s binding on localities until funding by the Commonwealth is provided.
559
560
561
562
563
564
Positions
Collective Bargaining for Public Employees
VACo opposes any effort to mandate collective bargaining for public employees.
565 Next Generation 9-i-i (NG9-i-i)
566 VACo supports the Commonwealth's transition to Next Generation g-i-i (NG9-i-
567 i) in a way that does not unfairly burden localities, financially or otherwise. VACo
568 only supports recalculations of current Public Safety Answering Point (PSAP)
569 funding that hold localities harmless.
570
571 Election Costs and Districts
572 VACo supports legislation that would decrease the costs of elections to localities.
573 These costs include primaries, voting equipment, personnel and voting places.
574 Cost reduction solutions include requiring parties to pay for primary elections,
575 having one date for primary elections, using printed ballots, establishing
576 countywide voting places and other similar measures. The state should provide
5 adequate funding to localities for optical scan and other voting equipment and
578 registrar costs. VACo also supports legislation to minimize or eliminate Split
579 Voting Precincts.
580
581 Ethics Reform
582 VACo supports common sense efforts to strengthen Virginia's public ethics and
583 conflicts of interest laws that are applicable and practical at the local level.
584
585
f
6.d.e
Packet Pg. 182 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
N
6.d.e
Packet Pg. 183 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
586 Freedom of Information Act (FOIA)
587 VACo opposes changes to the Virginia Freedom of Information Act that would
588 impose additional burdens on localities.
589
s90 Grievance Hearings
591 VACo supports legislation authorizing localities to use an administrative hearing
592 officer and existing grievance panels and procedures, and opposes the mandate of
593 a three-member panel. VACo also supports providing immunity to local
594 government employees, officers, volunteers, administrative hearing officers and
595 panel members for claims arising out of participation in personnel grievance
596 procedures.
597
59s Immigration Reform
s99 VACo supports federal legislation on immigration reform that (i) establishes a
50o clear and understandable path to citizenship for those who are eligible; and (2)
601 provides a funding stream sufficient to address the fiscal impact on state and
602 local governments for any guest worker program and earned legalization
603 program.
604
605 Interoperability
606 VACo supports the state's goal that agencies and their representatives at the local,
60 regional, state and federal levels be able to communicate using compatible
608 systems to respond more effectively during day-to-day operations and major
609 emergencies. Local governments require dedicated federal and state funding
510 sources to achieve this goal.
611
5 2 Public Notice, Public Hearing and Public Procurement
613 VACo supports legislation to reduce required newspaper advertising for public
614 notices, public hearings and public procurement including legislation to give
615 localities the option to use electronic or other forms of notification as an
516 alternative to newspaper advertising.
617
61s Public Safety — Body Worn Cameras
619 VACo supports maintaining the ability for local governments to adopt policies
62o and practices regarding body worn cameras that reflect local needs and fiscal
621 realities.
622
623 Sovereign Immunity
624 VACo opposes any substantive change in local governments' present defense of
625 sovereign immunity. VACo opposes bringing counties under the Virginia Tort
626 Claims Act.
627
628 Increased funding for Local Law Enforcement
629 VACo supports increasing state assistance for police departments through "599
630 Aid to Localities. This funding is designed to equalize state funding between
631 counties in which the sheriffs department provides law enforcement and those
632 cities, counties and towns with a police department.
S
6.d.e
Packet Pg. 184 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 185 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
Disclosure of Information to Nongovernmental Entities for the
Purposes of Tax Administration
VACo supports legislation that would grant local officials the ability granted to
the Department of Taxation to disclose information to non-governmental entities
with which the locality has entered into a contract to provide services to assist it
in the administration of refund processing or other services related to its
administration of taxes.
5
6.d.e
Packet Pg. 186 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 187 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
679
680
681
682
683
684
685
686
687
688
689
690
691
692
HEALTH AND HU1 2AN RESOURCES
Priori
Health and Human Resources Funding
VACo supports transparent state policies and funding to ensure the
Commonwealth's at-risk families have access to high quality and appropriate
services. The Commonwealth should provide full funding to localities and their
state administrative entities for state-mandated human services and provide the
necessary program flexibility to enable localities to provide comprehensive and
case-tailored services.
Positions
693 Aging/Long-Term Care
694 VACo supports efforts that allow seniors to remain at home in a safe and secure
695 environment. VACo urges the General Assembly to provide sufficient funding for
696 companion services, in-home services and home delivered meals.
697
69s Behavioral Healthcare
699 VACo supports continued funding by the Commonwealth sufficient to allow
70o Community Services Boards (CSBs) to meet adequately the charge of providing
701 services through a community-based system of care. State support for CSBs must
7oz be adequate to enable CSBs to provide the additional services mandated by the
703 General Assembly to be phased in over the ne several years. Realignment of the
704 behavioral health funding structure to incentivize community-based treatment
705 rather than use of state hospitals will require additional state dollars and must
705 not rely on local funding to backfill unanticipated costs for hospitalization.
07
os VACo supports the creation of additional Medicaid waiver slots to serve
709 individuals with intellectual and developmental disabilities in the community,
ZO more than ii,000 of whom are currently on a wait list.
711
12 Children's Services Act
713 VACo supports monitoring the implementation of policies by the State Executive
s4 Council that provide guidelines for public participation in its process of
715 developing and adopting policy. VACo supports equitable cost-sharing between
716 the state and localities for the costs involved in the placements of children in
1 residential treatment facilities for non-educational reasons. VACo opposes
718 proposals to limit state participation in funding services for children and youth
719 who are mandated to be provided with special education and foster care services.
2o VACo supports enhancing the ability of local school divisions to serve children
21 with disabilities in their neighborhood schools.
z2
723
724
S
6.d.e
Packet Pg. 188 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
l
6.d.e
Packet Pg. 189 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
s
7z5 Early Intervention
726 VACo supports sustainable funding for Part C Early Intervention, which is an
727 entitlement program that provides services for Virginia's infants and toddlers.
zs VACo also requests that the General Assembly address funding concerns by
29 increasing state general funding. Underfunding this entitlement program puts
3o pressure on local revenues to fill funding gaps for this mandated service.
731
732 Emergency Medicall ansportation
733 VACo supports policies to protect consumers who require air ambulance services.
734
735 Group Homes
736 VACo encourages the state to enforce appropriate regulation of group homes to
3 ensure protection of residents' health and safety.
738
739 Healthcare
740 VACo supports continued state funding for offered dental care, school nurses and
41 preventive services and maternal and child health programs through local health
74z departments and local school systems. VACo encourages the state to prepare for
743 emergency health services access to care and to develop and fund incentives that
744 would alleviate the nursing shortages felt in many communities.
745
746 Local EMS Involvement
747 VACo supports increased local involvement in state EMS planning to ensure
748 statewide needs are met.
749
75o Prevention Services
751 VACo supports increased state general funding for startup costs associated with
752 community-based service programs. VACo recognizes programs such as Healthy
753 Families, Comprehensive Health Investment Project (CHIP) of Virginia, Smart
754 Beginnings, and Resource Mothers as important models and requests that the
755 General Assembly provide additional funding for these home-based activities.
756 Reductions in prevention programs will put numerous youth at risk of high-end
757 CSA placements.
758
759 Substance Abuse
76o Efforts to address substance dependency must be comprehensive and
761 coordinated with localities. The state should develop and support evidence-based
52 prevention initiatives and should continue to improve access to treatment.
763
54 Telehealth
765 VACo supports the use of electronic information and telecommunications
766 technologies to support long-distance clinical health care, patient and
6 professional health-related education, public health and health administration.
768 Flexibility in the delivery of these services is essential in meeting the needs of
769 residents.
770
771
51
6.d.e
Packet Pg. 190 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
o
6.d.e
Packet Pg. 191 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
2
773
774 Priorities
775
T1;ANSP4RTATION
76 1 ansportation Funding
VACo believes that the 2oi8 session of the General Assembly must confront the
8 funding challenges facing Virginia's transportation systems. Unless the 2oi8
79 legislature approves increased revenues for transportation needs that are
8o separate, reliable and permanent (including dedicated funding for Metro),
781 Virginia will continue to face a congestion and mobility crisis that is strangling
782 economic growth, threatening public safety and negatively affecting the quality of
s3 life of all residents. VACo appreciates the funding provided through HB 23i3
s4 (2oi3), which was a significant step towards addressing the transportation needs
85 of the Commonwealth. However, it did not fully address the needs of Virginia's
786 transportation system (annual revenue estimates are $i53 million less than
787 original projections) including:
788 • Providing more funding in the immediate future for roadways - The
789 amount of funding available for "Smart Scale" for the FY 2oi8-2o23 Six
790 Year Improvement Program was approximately 1/8 of the amount
791 requested for proposed projects. Providing funding to address the
92 secondary road needs of counties throughout the Commonwealth, as such
793 funding has been vastly reduced over the past io years. While the
794 Secondary Six Year Program (SSYP) effectively no longer exists, as those
795 road funding formulas have been replaced by the State of Good Repair and
796 Smart Scale process, projects previously funded under the SSYP do not
97 always compete well in these new programs, resulting in unmet needs that
798 continue to grow.
799
800 • Maintaining the existing funding levels for transit - The Virginia
sos Department of Rail and Public Transportation (DRPT) has identified an
soz average revenue gap of $i3o million annually over the next ten years for
so3 transit capital needs across the Commonwealth due to the depletion of
so4 transportation bonds, which must be addressed.
805
805 • Finding a dedicated funding solution for Metro — The State should provide
so sustainable funding today, and in the future, for Metro and give localities
8os the authority to create dedicated funding sources for operating and capital
so9 expenses for WMATA contributions. The Commonwealth should also
810 explore regional dedicated sources that follow the WMATA Compact
s11 funding formula.
812
6.d.e
Packet Pg. 192 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
4v
6.d.e
Packet Pg. 193 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
813 • Revenue Sharing - VACo supports a revenue sharing program that will be
814 funded at a minimum of $ i5o million on an annual basis. Reducing
si5 funding for Revenue Sharing will discourage local governments from
816 seeking non-VDOT sources of revenue to meet their transportation needs.
s Local-State Cooperation
s 8 VACo also believes it is important to closely monitor and evaluate the
s 9 implementation of "Smart Scale" and all other processes employed in recent
szo years for distributing transportation funds.
821
8z2 VACo is committed to the protection of local government authority to regulate
8z3 land use. This authority must be recognized by the Virginia Department of
824 Transportation (VDOT) and the Commonwealth Transportation Board (CTB)
8z5 when evaluations are conducted to determine the consistency between local
8z6 transportation plans and the Commonwealth's transportation priorities. VACo
s2 also opposes the reduction of local control that is associated with the C"TB's
s28 process of designating Corridors of Statewide Significance and the
829 implementation of Arterial Preservation. Additionally, VACo supports additional
83o flexibility within the VDOT project approval process and standards to be
s31 responsive to localities' individual needs.
832
833 POS1tlOriS
834
s35 Devolution of Secondary Roads
836 VACo opposes legislative or administrative initiatives that would transfer to
s3 counties the responsibility for the construction, maintenance or operation of new
s3s and existing roads.
839
840 Billboards
841 VACo supports a requirement that proposed billboards in the Virginia
842 Department of Transportation's (VDOT) right of way conform to local zoning and
s43 other applicable ordinances and local approval processes.
844
845 Highway Tolls
s45 VACo opposes the installation of toll facilities on Virginia's interstate highways
s47 until the Commonwealth Transportation Board has thoroughly reviewed and
848 assessed the components of a long-term capital improvement program, has
849 identified and compared all available funding alternatives and has adopted a
s5o proposal that matches capital improvements with realistically available funding
851 sources.
852
853 Inter-Directional Signage Program
854 VACo supports a requirement that any signs installed under VDOT's Inter-
855 Directional Sign Program, including the Tourist Oriented Directional Signs
856 Program, conform to local ordinances, including any local approval processes.
857
858
6.d.e
Packet Pg. 194 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 195 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
s59 Maintenance Priorities
860 VACo supports a requirement imposed upon VDOT to implement a notification
s61 plan with the local governing body to establish maintenance priorities.
862
863 Parking
864 VACo supports general authority for counties to adopt ordinances regulating,
865 including prohibiting, the parking of boats, RVs, utility trailers, campers, etc. on
866 subdivision streets.
867
868 Rail Enhancement Fund
869 VACo supports authority for counties to approve Rail Enhancement Fund
s7o projects funded by the state and constructed within their jurisdictions.
s i
872 Railway Crossings
s73 VACo supports efforts to safely improve mobility issues on roads that cross
874 railway lines.
875
s 5 Road Construction and Maintenance
8 VACo supports legislation that would prohibit VDOT from requiring localities to
878 administer any transportation project without the consent of the local governing
s 9 body.
sso
881 Transportation Network Companies
ss2 VACo supports state regulation of transportation network companies as needed
ss3 to ensure proper safety, liability, cleanliness, insurance coverage, local revenue,
ss4 consideration of access for disabled riders, and equitable service in communities.
ss5 VACo also supports the option of continued regulation of taxi companies at the
ss5 local level.
ss7
sss Truck Size and Weight
s89 VACo strongly opposes any legislation that seeks to increase truck size or weight
s90 beyond the current federal standards, thereby stressing the capacity of the
s9 Commonwealth's road systems and putting highways, roads and bridges at risk of
s92 increased damage or deterioration.
893
894 Use of Transportation Tax Revenue
895 VACo opposes taking any HB23i3 transportation tax revenues for the use of non-
896 transportation purposes.
897
b
6.d.e
Packet Pg. 196 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
6.d.e
Packet Pg. 197 Attachment: Legislative Committee Mtg. Agenda Item D (1432 : Legislative Committee/Review Update)
4
eJ. Vaden Hunt, Esq.
From:
Sent:
To:
Subject:
Vaden,
Bryan Haskins
Monday, October 29, 2018 11:17 AM
1. Vaden Hunt, Esq.
noise ordinance issue
Per our conversation this morning here is the issue as I see it.
In the Noise Ordinance Chapter Section 41-5 paragraph B makes it an offense to operate or participate in the operation
of a stationary noise source that exceeds "'Maximum Sound Pressure Levels ; contained in section 40-60 of this
Chapter." There is currently no section 40-60.
It looks like the entire noise ordinance was moved from Chapter 40 to Chapter 41 at some point (1993 perhaps), and this
reference to 40-60 in section 41-5 was overlooked in the move. It looks like old section 40-60 was re-codified as 41-6,
which does include the table of "Maximum Sound Pressure Levels."
As it stands now paragraph B of 41-5 is unenforceable. This issue came to my attention recently when 1 was asked to
consider a noise complaint of several citizens.
I think we can fix this by amending section 41-5 to link it correctly to 41-6.
Let me know what you think.
i 4 Pl t u t Q usd
Commonwealth's Attorney
Pittsylvania County
P.O. Box 1068
Chatham, Virginia
434-432-7900 (office)
434-432-7903 (fax)
434-251-1277 (cell)
6.d.f
Packet Pg. 198 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
p_ •a
M ,. °r
v
6.d.f
Packet Pg. 199 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
PITTSYLVANIA COUNTY CODE
CHAPTER 41
NOISE CONTROL ORDINANCE
41-1. Declaration or Findings and Policy
41-2. Definitions
41-3. Administration and Enforcement
41-4. Testing of Metering Devices
41-5. Prohibited Noise, Generally
41-6. Maximum Sound Pressure Levels
41-7. Motor Vehicle Maximum Sound Pressure Levels
41-8. Penalties and Violations
41-9. Exemptions
41-10. Severability
3
6.d.f
Packet Pg. 200 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
r.
u
6.d.f
Packet Pg. 201 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
CHAPTER 41
NOISE CONTROL
SEC. 41-1. DECLARATION OR FINDINGS AND POLICY.
The Board of Supervisors of the County of Pittsylvania, Virginia, hereby finds and declares that
excessive noise and sound is a hazard to the public health, welfare, safety, peace, and the quality
of life of the citizens of Pittsylvania County; that a substantial body of science and technology
exists by which excessive noise and sound may be substantially monitored, controlled and abated;
that the people of the County of Pittsylvania have a right to and should be insured of an
environment free from excessive sound and noise pollution, that may jeopardize the public health,
welfare, safety, and peace or degrade the quality of life in Pittsylvania County; and that it is the
policy of the County of Pittsylvania to prevent such excessive noise and sound.
SEC. 41-2. DEFINITIONS.
The following terms, words and phrases, when used in chapter, shall have the meanings
hereinafter ascribed to them, unless otherwise clearly indicated by the context in which used:
1. Weighted Sound Level. The sound pressure
meter using the A-Weighing network. The level
level or reading.
level in decibels as measured on a sound level
so measured and read is referred to as decibel
2. Decibel. A unit for measuring the volume of sound equal to twenty (20) times the logarithm to
the base ten (10) or the ratio of the pressure of the sound in microbars to a reference pressure of
0.0002 microbar; and is abbreviated db (a) or dba.
3. Device. Any mechanism, which is intended to, or actually produces noise when operated or
handled.
4. Emergencv. An occurrence or set of circumstances involving actual or damage, which
demands immediate action.
5. Emergencv Work. Any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency, and includes work
made necessary to restore properiy toga safe condition following a public calamity, or work
required to protect persons or property from immediate exposure to danger, or work performed by
public service companies when emergency inspection, repair of facilities, or restoration of
services is required for the immediate health, safety or welfare of the community.
6. Motor Vehicle. Every vehicle which is self-propelled or designed for self-propulsion,
including but not limited to, passenger cars, trucks, truck-trailers, semi trailers, campers,
motorboats, racing vehicles, and any motorcycle as defined in the Code of Virginia Section 46.2-
100, and any structure designed, used, or maintained primarily to be loaded on or affixed to a
6.d.f
Packet Pg. 202 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
6.d.f
Packet Pg. 203 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
motor vehicle to provide a mobile dwelling, sleeping place, office or commercial place. A bicycle
or moped shall not be deemed to be a motor vehicle.
7. Moped• A bicycle-like device with pedals and a helper motor which is rated at and produces
no more than two (2) brake horsepower, and which produces speeds up to a maximum of thirty
30) miles per hour (mph).
8. Gross Vehicle Weight Rating (GVWR). The value specified by a motor vehicle
manufacturer as the recommended maximum loaded weight of a single motor vehicle, and
in cases where trailers and tractors are separable, the Gross Combination Weight Rating
GCWR), which is the value specified by the manufacturer of said motor vehicle as the
recommended maximum loaded weight of the combination vehicle shall be used.
9. Noise. Any sound which may cause or tends to cause an annoyance or disturbance, or which
causes or tends to cause an adverse physiological or psychological effect on humans or animals.
10. Noise Disturbance. Any sound not related to emergency work as defined herein which
annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound related to
emergency work which may be perceived to injure or endanger the comfort, repose, health, peace
or safety of any person or animal.
11. Sound. Any oscillation in pressure or particle a medium with internal forces that causes
rarefaction of that medium. The description of sound may include any characteristic of such
sound, including duration, intensity and frequency.
12. Sound Pressure. The instantaneous difference between the actual pressure and the average or
barometric pressure at a given point in space.
13. Sound Level. The weighted sound pressure level obtained by the use of a sound level meter
and the A- frequency-weighting network, as specified in American National Standards Institute
Specifications for Sound Level Meters.
14. Sound Level Meter. An instrument which includes a microphone amplifier, RMS detector,
integrator or time average, output meter, and weighting networks used to measure sound pressure
levels.
15. Person. Any individual, corporation, cooperative, partnership, firm, association, trust, estate,
private institution, group, agency, or any legal successors, representative, agent or agency thereof.
16. Public Right-of-Wav. Means any street, avenue, boulevard, highway, alley or public space
which is owned or controlled by a public governmental entity or subdivision of the
Commonwealth of Virginia.
6.d.f
Packet Pg. 204 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
6.d.f
Packet Pg. 205 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
17. Stationarv Noise Source. Any equipment or facility, fixed or movable, that is capable of
emitting sound beyond the property boundary or the property on which it is located or beyond the
public right-of-way upon which it is located.
18. Prouertv Boundarv. An imaginary, measured line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one person from that
owned, leased or occupied by another person, but not including intra-building real property
divisions.
19. Zoning District Classifications. The scheme or land use classifications contained in Chapter
35 of this Code.
20. Noise Sensitive Zones. Any property that is primarily used as a school, institution of
learning, cemetery during memorial service, funeral homes, nursing homes, courtroom, place of
public worship, or medical or veterinary facility, while the same is being used as such.
SEC. 41-3. ADMINISTRATION AND ENFORCEMENT.
The provisions of this Chapter shall be enforced and administered by the Sheriff of Pittsylvania
County, who is hereby designated as the Noise Control Officer for the County of Pittsylvania.
The Sheriff may, in his discretion, ask for the assistance of other departments within the County
in administering and enforcing the provisions herein.
SEC. 41-4. TESTING OF METERING DEVICES.
In order to implement and enforce this Chapter effectively and consistently, the Sheriff shall,
within sixty (60) days after the effective date hereof, develop and promulgate methods and
procedures for testing, validating and certifying the accuracy of the sound level meters used in the
enforcement of this Chapter.
SEC. 41-5. PROHIBITED NOISE. GENERALLY.
A. It shall be unlawful for any person to make, continue to make, or cause to be made or
continued, a noise disturbance in the County.
b
B. No person shall operate or permit to be erated or participate in the operation of any
stationary noise source or any source of ound or noise which generates a sound pressure
level exceeding the limits set forth n the table entitled "Maximum Sound Pressure
Levels", contained in Section 4(l U of this Chapter, when measured at or outside the
property boundary of the noise source or at any point within any other property affected
by the noise. When a noise source can be identified and its noise measured in more than
one (1) zoning district classification, the limits of the most restrictive classification shall
apply.
C. No person shall operate or permit to be operated a motor vehicle on a public right-of-way
which generates a sound pressure level exceeding the limits set forth in the table entitled
6.d.f
Packet Pg. 206 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
o
6.d.f
Packet Pg. 207 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
Motor Vehicle Maximum Sound Pressure Levels", contained in Section 40-70 of this
Chapter, when measured at a distance of thirty (30) feet or more away from and off of the
public right-of-way.
D. No person shall operate or permit to be operated any stationary noise source or any source
zone, which disturbs or annoys the occupants thereof, or unreasonably workings or
functions of the normal noise Sensitive zone.
E. No person shall engage in any of the following among others, which are declared to be
loud, disturbing and unnecessary noise in Chapter, but such enumeration shall exclusive:
1) Radios, phonographs, etc. No person shall operate or permit the playing of any radio,
phonograph, music sound system, or similaz device which produces, reproduces, or
amplifies sound or any musical instrument on any public sidewalk or right-of-way or
on any other publicly owned property or on any privately owned property in such a
manner or with such volume to disturb or annoy the quiet, comfort or repose of
reasonable persons.
2) Yelling, shouting, etc. No person on or in any public sidewalk, street or right-of-way
or on any other publicly owned property or on any privately owned property shall
engage in yelling, shouting, hooting, whistling or singing in such a manner or with
such volume as to disturb or annoy the quiet, comfort or repose of reasonable persons.
3) Loudspeakers, amplifiers, etc. for advertising. No person shall use or permit the use of
any musical instrument, radio, phonograph, sound amplifier or device of any kind
whereby sound is cast on any highway, street or across property boundaries for the
purpose of advertising or attracting the attention of the public to any performance,
show, sale or display or merchandise or to any building or structure between the hours
of 9:00 p.m. and 7:00 a.m. The use of such devices shall be permitted at other times
provided they are not operated in such a manner or with such volume as to disturb or
annoy the quiet, peace or repose of reasonable persons.
4) Shouting and crying of peddlers, etc. The shouting and crying of peddlers, hawkers
and vendors, which disturbs the peace and quiet of the neighborhood, is prohibited.
5) Animals. No person shall keep or permit the keeping of any animal which, by causing
frequent or long continued noise, shall disturb the quiet, comfort or repose of the
neighborhood to such an extent as to constitute a nuisance.
6) Motor vehicle amplified sound. No person shall operate or permit the use or operation
of any radio receiving set or any tape player or any other device which produces,
reproduces or amplifies sound in a motor vehicle in such a manner that the sound is
plainly audible by a human being of normal sensitivity more than seventy-five (75)
feet from the motor vehicle.
I
6.d.f
Packet Pg. 208 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
v
6.d.f
Packet Pg. 209 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
7) Motor vehicle horns. Sound or permit the sounding of any horn, whistle or other
device on or in a motor vehicle that can be heard more than seventy-five (75) feet
from the motor vehicle, except as a warning of danger.
SEC. 41-6. MAXIMUM SOUND PRESSURE LEVELS.
A. TABLE: MAXIMUM SOUND PRESSURE LEVELS
RECEIVING LAND USE CATEGORY
Noise Sensitive Zone
Residential (Includes Residential Estates
District; R-1; RC-1; RMF; RPD; MHP and
Conservation Districts)
Agricultural District
Business (Includes B-1 and B-2)
Industrial (Includes M-1 and M-2)
SOUND LEVEL LIMIT dBA
7:00 a.m. — 10:00 10:00 p.m. — 7:00 a.m.
p•m•
55
57
57
CY
77
50
52
52
62
77
B. Measurements in multi-tenant structures. In a structure used as a multi-tenant structures
the Sheriffs departrnent may take measurements to determine such sound levels from
common areas within or outside the structure or from other units within the structure,
when requested to do so by the owner or tenant in possession and control thereof. Such
measurement shall be taken at a point at least four (4) feet from the wall, ceiling or floor
nearest the noise sowce, with doors to the receiving area closed and windows in the
normal position for the season.
SEC. 41-7. MOTOR VEHICLE MAXIMUM SOUND PRESSURE LEVELS.
SOUND LEVEL LIMIT dBA
All motor vehicles or
GVMR or GCWR or
6,000 lbs. or more
SPEED LIMIT 35
MPH OR LESS
3
SPEED LIMIT OVER
35 MPH
6.d.f
Packet Pg. 210 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
i
6.d.f
Packet Pg. 211 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
Any other motor vehicle
or any combination of
vehicles towed by any 70 79
motor vehicle
SEC. 41-8. PENALTIES AND VIOLATIONS.
A. Any person who violates any provision of this shall be guilty of a Class 3 misdemeanor.
B. Each violation of any provision of this shall constitute a sepazate offense, whether
committed on the same or subsequent days.
C. The person operating or controlling a noise source shall be guilty of any violation caused
by that source. If that cannot be determined, any owner, tenant, resident or occupant
physically present on the property or in possession, either actual or constructive, of the
noise source, is rebuttably presumed to be guilty of the violation.
SEC. 41-9. EXEMPTIONS.
The following specific activities are exempt from the provisions of this Chapter:
A. Sound created by the operation of domestic power tools such as power lawn mowers,
chain saws, weed eaters, etc. provided the operation of said equipment is limited between
the hours of 7:00 o'clock a.m. and 10:00 o'clock p.m. and such equipment is operated
with a standard muffler or sound dissipating devices, and provided that such device is
used in such a manner as is intended by the manufacturer.
B. Sound generated by the construction, repair, maintenance, remodeling, demolition,
alteration, grading or other improvement of real property, streets, sewers or utility lines,
provided such sound is limited between the hours of 7:00 o'clock a.m. and 10:00 o'clock
p.m.
C. Sound generated by the operation of any governmental function.
D. Radios, sirens, horns and bells on police, fire or other emergency response vehicles.
E. Parades, fireworks or other special events or activities for which a permit has been issued
by the County within such hours as may be imposed as a condition for the issuance of the
permit.
F. Religious services, religious events or religious activities, including, but not limited to
music, bells, chimes and organs which are a part of such religious activity.
S
6.d.f
Packet Pg. 212 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
6.d.f
Packet Pg. 213 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
n
f
G. Sound amplifying equipment used at public parks or recreation fields provided the
operation of such equipment has been approved by the Noise Control Officer of the
County of Pittsylvania.
H. Non-commercial public speaking and public assembly activities conducted on any public
right-of-way or public property for which a permit has been issued by the County, within
such conditions as may be imposed as a condition for the issuance of the permit.
I. Band performances or practices, athletic contests or practices and other school-sponsored
activities on the grounds of public or private schools, provided that such activities have
been authorized by school officials.
J. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity
for the owner or tenant in possession of the premises served by any such alarm to turn off
the alarm.
K. Sound generated for the purpose of alerting persons to the existence of an emergency, or
the emission of sound in the performance of emergency work.
L. Activities for which the regulation of noise has been preempted by federal law.
M. Religious or political gatherings and other activities protected by the First Amendment to
the United States Constitution.
N. The movement of aircraft or trains which is conducted in accordance with or pursuant to
applicable federal laws and regulations.
O. Sound created pursuant to a lawful special entertainment permit for a music festival,
pursuant to Chapter 10 (Musical Festival) of this Code, issued by the Board of
Supervisors of the County of Pittsylvania.
P. Discharge of firearms pursuant to lawful hunting activity during lawful hours therefore
under applicable state law or discharge of firearms pursuant to target practice, said target
practice not to exceed duration of two hours per day on any parcel of real estate, and may
only take place between sunrise and sunset. However, if a special use permit has been
issued by the Pittsylvania County Board of Zoning Appeals pursuant to Section 35-179,
Code of Pittsylvania County, Virginia, said special use permit may specify the lawful
hours and duration of target practice.
Q. Commercial, industrial, business or agricultural activities lawfully conducted on or
permitted upon land zoned for said purposes.
R. The Sheriff of Pittsylvania County is hereby authorized to issue special events exceptions
pernuts pursuant to this Section, the purpose of which is to exempt any person, firm,
corporation, organization, partnership, joint venture or other entity of any kind or nature
from the provisions of this Chapter, under the following conditions:
6.d.f
Packet Pg. 214 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
IS
6.d.f
Packet Pg. 215 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
1. Prior to the issuance of such pernut, the Sheriff shall fully investigate the proposed activity
to determine whether in his opinion the same would constitute a threat to the public
health, safety and welfare, upon consideration of the time of day the noise will occur. The
duration of the noise, whether the noise is intermittent or continuous, its extensiveness,
the technical and economic feasibility of brining the noise into conformance with this
chapter and such other matters as are reasonably related to the impact of the noise on the
health, safety and welfaze of the community and the degree hardship which may result
from the enforcement of the provisions of this chapter.
2. Should the Sheriff determine that the proposed activity will not constitute a threat to the
public health, safety or welfare, he may issue a permit for the event proposed. Such
permit may be limited to the conduct of activities exceeding the sound level set forth in
this ordinance only at such reasonable times and at such reasonable places a may be
specified in said permit.
3. The Sheriff shall collect on behalf of the Board of Supervisors a fee of one hundred
100.00) dollars from the person whom makes application for such special events
exceptions permit, to defray the expense of investigation and administration of the
provisions of this Chapter.
4. The Sheriff may waive said one hundred ($100.00) dollars fee if the person, farm
corporation, organization, partnership, joint venture or other entity of any kind or nature
that applies for the special event exception permit is a voluntary fire department or rescue
squad or auxiliary unit thereof which has been recognized by an ordinance or resolution
of the Board of Supervisors, or is operated exclusively for religious, charitable,
community or educational purposes, an association of war veterans or awciliary units
thereof organized in the United States, or a fraternal association operating under the lodge
system; and said event proposed shall not be operated or conducted so as to produce a
profit.
SECTION 41-10. SEVERABILITY.
Should any Section or portion thereof of this Chapter of the Code of the County of Pittsylvania,
Virginia, be held by final order of any Court of competent jurisdiction to be unconstitutional or
unenforceable, all other Sections and portions thereof of this Chapter shall remain in full force
and effect.
This ordinance was adopted by the Board of Supervisors on June 30, 1993 and is effective
that date.)
6.d.f
Packet Pg. 216 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
6.d.f
Packet Pg. 217 Attachment: Legislative Committee Mtg. Agenda Item E (1432 : Legislative Committee/Review Update)
5 fJ. Vaden Hunt, Esq.
From:
Sent:
To:
Cc:
Subject:
Supervisor Scearce:
1. Vaden Hunt, Esq.
Thursday, October 18, 2018 1:40 PM
Ronald Scearce
Robert Warren; Susan L. Dillon; Pittsylvania County Executive Team
Nuisance Animals (Potential Ordinances)
Please review below for examples of how other localities handle nuisance animals. If this is something that interests you,
the County would have to hold a public hearing before adoption. Please advise if you want me to place this matter on a
future BOS Work Session or Legislative Committee agenda for discussion. Thanks.
CITY OF FREDERICKSBURG
14-1 7. Nuisance animals.
Ord. No. 06-27, 9-12-2006; amended 3-2-20 i 6 k,y Qrd. No. 16-11 ]
A. No owner or custodian shall fail to exercise proper care and control of his or her dog to
prevent it from becoming a public nuisance. Acts deemed nuisances include but are not
limited to:
1) Chasing vehicles;
2) Trespassing upon another's property in such a manner as to damage property;
3) Attacking domestic, companion, or exotic animals so as to cause injury or death,
unless the animal is trespassing upon the property on which the dog is kept;
4) Habitually running at large; .
5) Three or more convictions for running at large within two years; or
6) Excessive, continuous, or untimely barking or molesting of passersby.
B. Any person owning or having possession or control of a dog suspected of being a
nuisance sha l be proceeded against by warrant or summoned before the general district
court of the City to show cause why the dog shouid not be confined, euthanized, removed
or the nuisance otherwise abated.
C. The animal control officer, owner, or custodian shall confine the animal until the court
has made a final decision in the case. If the animal control officer deems confinement
necessary then the owner or custodian shall be responsible for the impound fees.
D. Upon proof that such dog does constitute a pub(ic nuisance, the dog shall, by order of
the general district court, be confined, euthanized, removed, or the nuisance shall be
6.d.g
Packet Pg. 218 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
i +M
4
f
6.d.g
Packet Pg. 219 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
6therwise abated, as the court shall order. No person shall fail to comply with such an
order.
E. Violation of Subsections A(3, A(4) or A.(5) of this section is a Class 1 misdemeanor.
Violation of any other provision of this section is a Class 3 misdemeanor.
F. This section shall not apply to any person while engaged in law enforcement or search
and rescue activity; in a supervised formal obedience training class or show; during
formally sanctioned field trials; while engaged in lawful hunting with a dog or dogs during
open season; or during bona fide hunting or field trial dog training.
G. Enforcement. No person shall be charged with a violation of § 14-157A, unless the
complainant appears before a magistrate and req aests a summons or warrant be issued
charging the violation; except that, when a violation is committed in the presence of an
animal control officer, the officer may issue a summons and take other action as set forth
in this section.
PULASKICOUNTY
Animal Nuisance:
Is created when any dog, cat, canine crossbreed or other domestic animal unreasonably annoys humans, endangers the
life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners,
to the enjoyment of life or property. Such acts of nuisance by any dog, cat, or other domestic animal shall include, but
are not limited to, the following:
1) Damaging property other than that of the animal's owner;
2) Attacking or disturbing other animals, persons or vehicles by chasing, barking or biting;
3) Molting excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying;
4) Creating noxious or offensive odors;
5) Defecating without permission of the property owner upon any public place or upon premises not owned or
controlled by the owner unless promptly removed by the animal's owner; or (6) Creating an unsanitary condition or
insect breeding site due to an accumulation of excreta or filth.
Section B. Violations of Article.
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.
In addition, any'animal nuisance" as defined in section A. 3 Adopted 8/26/96 Amended 4/27/98 Amended 4/26/99
Amended 6/26/00 Amended 9/17/01 may also be corrected, removed or abated through an appropriate action at law or
suit in equity by any person suffering injury or damage therefrom.
JAMES CITY COUNTY
Sec. 3-6. - Nuisances.
7
a)
6.d.g
Packet Pg. 220 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
6.d.g
Packet Pg. 221 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
fl animal owners shall exercise proper care and control of their animals to prevent them from becoming a public
nuisance. Excessive, continuous or untimely barking, molesting passersby, biting or attacking any person without
provocation on one or more occasions, chasing vehicles, habitually attacking other domestic animals, trespassing
upon school grounds or trespassing upon private property in such manner as to damage property shall be
deemed a nuisance. Repeated running at large after citation of the owner by any animal control officer shall also
be deemed a nuisance.
b)
Any such person owning any animal constituting a nuisance shall be summoned before the general district court
to show cause why such animal should not be confined, destroyed, removed, or the nuisance otherwise abated
and upon proof that the animal constitutes a public nuisance the animal in question shall, by order of the general
district court, either be confined, destroyed, removed or the nuisance otherwise be abated as such court shall
order; the court may also impose a fine up to $100.00 to be paid by the owner or custodian of such animal. It shall
be unlawful and shall constitute contempt of court for any persan to harbor or conceal any animal which has been
ordered destroyed or removed by the general district court or to fail to confine or restrain an animal when such an
order has been entered by the court.
c)
If any animal control officer or his duly authorized agent has reason to believe that any animal has, without
provocation, attacked or bitten any person, such animal may be taken into custody and confined by the animal
control officer pending determination of the courts pursuant to this section.
Any person who owns any dog, cat or other animal that has been adjudged a nuisance pursuant to this section by
the general district court and who appeals that decision to the circuit court shall be responsible for the fees
connected with the impounding of the animal by the animal warden control officer. The animal control officer or
owner shall con ne such dog, cat or other animal during pendency of the appeal to prevent a reoccurrence of the
nuisance. If on appeal the circuit court determines that the dog, cat or other animal is not a nuisance, no such
fees for the impounding of the animal shall be imposed.
Ord. No. 7A-18, 7-10-07)
State Law reference— General powers of counties, Code of Va. § 15.2-1200.
Sec. 3-10. - Penalties.
a)
Unless otherwise specified, any violation of a provision of this chapter shall constitute a Class 4 misdemeanor,
punishable by a fine of up to $250.00.
Payment of the annual dog license fee required by this cliapter subsequent to a summons to appear before a
court for failure to pay such fee within the time specified in_; ,, .._,: __:_ shall not operate to relieve the owner
from the penalties provided.
Civil penalties:
A civil penalty in the amount listed on the schedule below shall be assessed for a violation of the respective
offense:
Not displaying a current county dog license:
b)
c)
Fa
6.d.g
Packet Pg. 222 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
6.d.g
Packet Pg. 223 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
Esrst offense ..... $20.00
Second offense ..... $30.00
Third and subsequent offenses ..... $40.00
Q
No current rabies vaccination:
i
First offense ..... $30.00
i
Second offense ..... $45.00
Third and subsequent offenses ..... $60.00
Ord. No. 7A-18, 7-10-07)
State Law reference— Payment of license tax, subsequent to summons, Code of Va., § 3.2-6436; Governing
body of any locality may adopt certain ordinances, Code of Va., § 3.2-6543.
BEDFORD COUNTY
Sec. 4-47. - Nuisance animals.
a)
Nuisance animal" means any animal that unreasonably annoys humans, endangers the life or health of other
animals or persons, or substantially interferes with the rights of citizens, other than its owners, to enjoyment of life
or property. The term "nuisance animal" shall mean and include, but is not limited to, any animal that:
Is repeatedly found at large;
Damages the property of anyone other than its owner;
Molests or intimidates pedestrians or passersby;
Attacks other domestic animals; or
Is found at large on any school property.
1)
i2)
3)
4)
5)
b)
Whenever a formal complaint has been received by the animal control officer and the complaint is found to be
justified, the animal control officer shall notify the owner of the animal of the complaint and instruct such owner to
abate such nuisance. If, after such notice, the owner fails to properly control the animal that creates or constitutes
the nuisance, the animal control officer shall take the necessary legal action to abate the nuisance by having the
animal impounded or the owner of the dog charged with a violation of this section, either or both.
s
c)
6.d.g
Packet Pg. 224 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
6.d.g
Packet Pg. 225 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
f•
oiwithstanding the foregoing, however, whenever in the discretion of the animal control officer a complaint
hereunder is justified and an immediate threat to the public health, welfare or safety is posed, the animal control
officer may have the animal impounded immediately and charges filed hereunder.
d)
Nothing contained in this section shall prohibit any person from bringing a charge of violation hereunder directly
without proceeding through the animal control officer.
Ord. No. 0-0709-128(R), 7-13-2009)
Sec. 4-113. - Penalty.
Any person violating the provisions of this article shall be subject to a civil fine not to exceed fifty dollars ($50.00).
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Pittsylvania County Attorney's Office
Busir ess Sovvyr. Peo rienr y
P ITTSYL'A
rrr...' CCa U N T Y, V 1 R G! N i A
Tel. (434) 432-7720 Fax. 434 432-1778
1 Center Street P.O. Box 426
Chatham, Virginia 24531
vaden.hunt aitt ov.orq
www.qittsvlvaniacountyva.gov /countv attornev.htm
THIS EMAIL AND ANY ATfACHMENTS HERETO ARE CONfIDENTIAL AND NO7 FOR REDISTR BUiION. TH S EMAlL AND ANY ATTACHMENTS MAY NOi BE
RELEASED UNDER THE VIRGINIA fREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. 7his email ond any attachments may contain contidential
personnel matters and/or protected legal information, communications protected by attorney/clienf privilege, items or information protected by the
attomey work produci doctrine, information related tc pending litigation or prepared in onticipation of litigation, and/or confidential setflement
negotiations. The receipt of such informafion or items by any unauthorized person does not constitute a waiver of those privileges. If you have
received this email or any attachmenfs in error, ptease notify fhe sender immediately at 434; 432-7720, and by repiy email, and delete this email
and any attachments fo it from your in-box, sent items, and deleted items. Thonk you.
6.d.g
Packet Pg. 226 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
m
6.d.g
Packet Pg. 227 Attachment: Legislative Committee Mtg. Agenda Item F (1432 : Legislative Committee/Review Update)
REMOVAL OF TRASH, WEEDS, ETC., FROM PROPERTY
Sec. 11-31. - Unlawful conditions of trash, garbage, refuse, litter and other substances
generally.
a) No owner of any lot or parcel of land within the Couirty shall permit trash, garbage,
refuse, litter, and other substances, which are reasonably liable to endanger the health of any
person or injuriously affect public health or safety to remain on the lot or parcel.
b) Trash, garbage, refuse, litter, and other debris shall be disposed of in personally-owned
or privately-owned receptacles that are designed for such use and for the use of the person
disposing of such matter or in authorized facilities provided for such purpose and in no other
manner not authorized by law.
c) Whenever the Deputy Director of Community Development or his/her official designee
determines that any such unlawful conditions exist, he/she shall send a written notice to the
property owner notifying the property owner (i) that such determination has been made and (ii)
that the property owner must correct the violation within ten (10) days after the date on the
notice. The notice shall be delivered by hand or sent by first class mail to the last address listed
for the property owner on the County's real estate assessment records for the property. If the
unlawful condition is not corrected within ten (10) days after receipt of such notice, the Deputy
Director of Community Development or his/her official designee may order such condition to
be corrected, either by County forces or by a private contractor. The actual cost, together with
an administrative charge of $50.00, shall be billed to the property owner and if not paid shall
be added to and collected in the same manner as real estate taxes are collected. The Deputy
Director of Community Development or his/her official designee shall certify the costs and
expenses to the Treasurer of the County, who shall collect such amount; and if such amount
shall remain unpaid for a period of sixty (60) days, then the Treasurer shall certify such charges
as being unpaid to the Clerk of the Circuit Court of the County, who shall maintain a record
book of such delinquent costs and expenses on file in the records of his/her office.
d) Every charge authorized by this Section with which the owner of any such property
shall have been a sessed and which remains unpaid shall constitute a lien against such property
ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as
provided in Code of Virginia, tit. 58.1, ch. 39, art. 3(§§ 58.1-3940 et seq.) and art. 4( 58.1-
3965 et seq.), as amended. The County may waive such liens in order to facilitate the sale of
the property. Such liens may be waived only as to a purchaser who is unrelated by blood or
marriage to the owner and who has no business association with the owner. All such liens shall
remain a personal obligation of the owner of the property at the time the liens were imposed.
e) Violations of this Section shall be subject to a civil penalty of $50.00 for the first
violation, or violations arising from the same set of operative facts. The civil penalty for
subsequent violations not arising from the same set of operative facts within twelve (12) months
of the tirst violation shall be $200.00. Each business day during which the satne violation is
6.d.h
Packet Pg. 228 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
t.
Y
v
6.d.h
Packet Pg. 229 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
found to have existed shall constitute a separate offense. In no event shall a series of specified
violations arising from the same set of operative facts result in civil penalties that exceed a total
of $3,000.00 in a twelve (12)-month period.
Such violations shall be a Class 3 misdemeanor in the event three (3) civil penalties
have previously been imposed on the same defendant for the same or similar violation, not
arising from the same set of operative facts, within a twenty-four (24)-month period.
Classifying such subsequent violations as criminal offenses shall preclude the imposition of
civil penalties for the same violation.
Code 1978, § 10-18.1; Ord. of 8-27-03, § 1; Ord. of 5-23-18(?), § 1)
State Law reference— Authorized by Code of Virginia, 15.2-901.
Sec. 11-32. - Unlawful conditions of weeds, grass, shrubbery, trees and other vegetation
generally.
a) Occupied property. This paragraph shall not apply to land zoned for or in an active
farming operation.
1) No owner of occupied residential real property shall permit to remain on such
property or any part thereof a grass or lawn area of less than one-half-acre when growth on
such grass or lawn area exceeds twelve (12) inches in height.
2) No owner of any occupied developed, or undeveloped property, including
property upon which buildings or other improvements are located, within the boundaries of
platted subdivisions or any other areas zoned for residential, office, commercial, or industrial
use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess
of eighteen (18) inches in height, unless located in areas within the property that are used for
pastures, under cultivation, forested, subject to utility transmission easements, or where the
vegetative growth is regulated under State or Federal laws or programs.
b) Vacant property. This paragraph does not apply to land zoned for or in an active
farming operation. No owner of any vacant developed or undeveloped property, including
property upon which buildings or other improvements are located, within the boundaries of
platted subdivisions or any other areas zoned for residential, office, commercial, or industrial
use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess
of eighteen (18) inches in height unless located in areas within the property that are used for
pastures, under cultivation, forested, subject to utility transmission easements, or where the
vegetative growth is regulated under State or Federal laws or programs.
c) Occupied and vacant property. No owner of any lot or parcel of land shall permit to
grow or remain thereon any hedge, shrub, tree, or other vegetation, the limbs, branches, or other
parts of which overhang, extend, or protrude into any street, sidewalk, or public alley in a
6.d.h
Packet Pg. 230 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 231 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
manner which obstructs or impedes the safe and orderly movement of persons or vehicles
thereon, or, in the case of trees, when the dead limbs or branches thereof are likely to fall into
or across such street or sidewalk, thereby endangering such persons and vehicles.
d) Disposal of vegetation. Upon remedying any unlawful condition hereunder, the owner
shall dispose of such vegetation in a manner that eliminates any potential fire hazard.
e) County's aatthoriry to act. Whenever the Deputy Director of Community Development,
or his/her official designee, has determined that any such unlawful condition exists, he/she
shall send written notice to the property owner notifying the property owner (i) that such
determination has been made and (ii) that the owner shall cut the grass, weeds, or other
uncontrolled vegetation within the time specified in the notice. Such notice shall be delivered
by hand or sent by first class mail to the last address listed for the property owner on the
County's real estate assessment records for the property. One (1) written notice per growing
season to the owner of record of the subject property shall be considered reasonable notice.
If such grass, weeds, or other uncontrolled vegetation are not cut within the required time,
the Deputy Director of Community Development, or his/her official designee, shall cause them
to be cut, and the costs and expenses thereof, including an administrative charge of $50.00, shall
be billed to the property owner and, if not paid, shall be added to and collected in the same
manner as real estate taxes are collected. The Deputy Director of Community Development, or
his/her official designee, shall certify the costs and expenses to the Treasurer of the County, who
shall collect such amount; if such amount shall remain unpaid for a period of sixty (60) days,
then the Treasurer shall certify such charges as being unpaid to the Clerk of the Circuit Court of
the County, who shall maintain a record book of such delinquent costs and expenses in the
records of the Clerk's Office.
Lien on property. In addition to any authority the Treasurer has to place a lien through
the taa collection process, costs and expenses incurred by the County to correct violations of
subsections (a)(2) or (b) shall be assessed against the owner and any lien holder of the property
and, if they remain unpaid, shall constitute a lien against such property ranking on a parity with
liens for unpaid local t es, and shall be enforceable in the same manner as provided in Code
of Virginia, tit. 58.1, ch. 39, arts. 3 and 4(§§ 58.1-3940-58.1-3974), as amended. The County
may waive such liens in order to facilitate the sale of the property. Such liens may be waived
only as to a purchaser who is unrelated by blood or maniage to the owner and who has no
business association with the owner. All such liens shall remain a personal obligation of the
person who was owner of the property at the time the liens were imposed.
g) Penalties.
1) Violatrons ofsz bsection (a)(2) or (b). Violations of subsection (a)(2) or (b) shall
be subject to a civil penalty of $50.00 for the first violation, or violations arising from the same
set of operative facts. The civil penalty for subsequent violations not arising from the same set
of operative facts within twelve (12) months of the first violation shall be $200.00. Each
business day during which the same violation is found to have existed shall constitute a separate
6.d.h
Packet Pg. 232 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 233 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
offense. In no event shall a series of specified violations arising f'rom the same set of operative
facts result in civil penalties that exceed a total of $3,000.00 in a twelve (12)-month period. In
addition, these violations shall be a Class 3 misdemeanor in the event three (3) civil penalties
have previously been imposed on the same defendant for the same or similar violation, not
arising from the same set of operative facts, within a twenty-four (24)-month period.
Classifying such subsequent violations as criminal offenses shall preclude the imposition of
civil penalties for the same violation.
2) Violations of subsection (a)(1), (c) and (d). Any violation of subsection (a)(1),
c), and (d) shall be punishable by a civil penalty not to exceed $100.00.
Code 1978, § 10-19.1; Ord. of 6-12-96, § 1; Ord. of 7-23-97, § 1; Ord. of 8-27-03, § 1; Ord. of
12-13-06(1), § 1; Ord. of 8-27-14; Ord. of 5-23-18(2), § 1)
State Law reference—Authorized by Code of Virginia, §§ 15.2-901, 15.2-1215, and 15.2-
2009.
6.d.h
Packet Pg. 234 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 235 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
0/24/2018 Uncut yard becomes a pain in the grass for neighbors, property values Chesterfield County richmond.com
https://www.richmond.com/news/local/chesterfield/uncut-yard-becomes-a-pain-in-the-grass-for-
neighbors/article_93a72a89-d936-5b22-9d2b-31 c74c61980f.html
Uncut yard becomes a pain in the grass for neighbors, property
values
Eric Millirons special correspondent Jun 18, 2009
Grass taller than 12 inches at an occupied dwelling, or 18 inches at an unoccupied dwelling, is a violation of the weed
ordinance." - Chesterfield Code photo by Eric Millirons
tAS OCT "i'•8 'Spr
four 7st aw Moia.sit NOqpp o t s
r,. 'taa o s,.
t Ii
httpsJ/www.richmond.com/news/local/chestefield/uncut-yard-becomes-a-pain-in-th rass-for-neighbors/article_93a72a89-d936-5b22-9d2b-31 c74c6... 1 /5
6.d.h
Packet Pg. 236 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 237 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
Saf24T2018 Uncut yard becomes a pain in the grass for neighbors, property values Cheste eld County richmond.com
It's that time of year again, when the rain and sunshine adds vibrant colors of bloom from the
flowers and adds extra inches to the grass on the lawn. A wonderful time to enjoy the pleasures of
your own back or front yard, unless someone decides not to be considerate of you and your other
neighbors, and lets the grass grow until it could be cut and baled for use by livestock.
Not long ago, noise was making headlines in the Richmond area - noise from people mowing their
yards at rather unusual times. One lady, who requested anonymity, made the comment to me that
Having the lawn mower going next door to me would be music to my ears, regardless of when it
happened."
The reason for her sarcasm was quite visible. Next door to her neatly mowed and clipped yard was
grass that must have been about two feet high — all over the front yard. My guess is that the back
yard looked in similar condition.
It is regrettable that some people, even though they are able, refuse to consider the impact of such
inaction on neighbors. During this downturn in the housing market, it is currently a buyers market
for re-sales of homes. The impression that a neighborhood makes often influences that person's
decision to purchase in one area or another. If the house for sale is past the unkempt yard and
shrubberies, it has to make an impression — a bad one.
Another situation that is undesirable is conflict between neighbors. Based on just looking at the
television show "Cops", assaults and worse have occurred over less than tall grass. So, unless an
individual is on very good terms with the reluctant mower, face-to-face discussions on such matters
may not be the best solution.
I U t' w u oCT, 2 a •:
ta 73 r oa s ar.s
feoe tGr ttrw b{nr i ra oa.
https://www.richmond.com/news/local/chestefield/uncut-yard-becomes-a-pain-in-the-gr -for-neighbors/article_93a72a89-d936-5b22-9d2b-31c74c6... 2/5
6.d.h
Packet Pg. 238 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 239 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
1012412Q18 Uncut yard becomes a pain in the grass for neighbors, property values Chesterfield County richmond.com
The good news is that there is a way to tidy up your neighborhood, but it does necessitate involving
Chesterfield County in the process. Furthermore, it is not an immediate solution for the problem, it
does take some time.
Under the County of Chesterfield's Planning Department is a group that deals with "Code
Compliance", for there is a section of county law that requires an owner of property to cut and
remove overgrown grass, weeds, brush or other noxious vegetation. To quote directly from the Code
Compliance brochure, "Grass taller than 12 inches at an occupied dwelling, or 18 inches at an
unoccupied dwelling, is a violation of the weed ordinance."
Either the properry owner or the county will correct the problem. - Photo by Eric Millirons
Ted Barclay, Code Compliance Supervisor, explained the process involved with a complaint on this or
other violations that come to his office's attention. Once a report is received, either by phone, mail
or e-mail, an inspector will, within approximately five working days, visit the properry to determine if
a violation truly exists. If one does, then there is a knock on the door and a"Code Compliance Visit"
card is left explaining the nature of the violation. Within two working days, the visit is followed up
with a letter to the property owner in which the details of the violation are presented and in the case
of overgrown yards, notification that the problem must be remedied within ten days or the County
will correct the problem. If the County has its contractor mow, then the property owner will be billed
for the mowing as well as an additional $35 administration fee. As Barclay put it, "Believe me. The
County will be reimbursed."
He also noted that there is often a"claim that these ordinances are a form of harassment. It just isn't
so. If there is no violation, then we move on and no citation is issued."
Another very important facet of the complaint process deals with anonymity. Just like the lady who
made the comment about the sound of a lawn mower being music to her ears not wanting her
name divulged, all complainants are kept confidential. The brochure further elaborates on this by
including the fact that "information that residents provide is kept confidential. It is excluded from the
Freedom of Information Act, and it is county policy not to reveal the identity of a complainant."
During the month of April, the County received over 500 complaints concerning high grass.
However, Barclay stated that "people will even call in December for high weeds." About 80 percent
of the complain c,!W* i ecific problem
M . ri.;o w 1 ir 1 oa.
ir
https://www.richmond.com/news/local/cheste eldluncut-yard-becomes-a-pain-in-the-grass-for-neighbors/article_93a72a89-d936-5b22-9d2b-31 c74c6... 3/5
a.
6.d.h
Packet Pg. 240 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
i3
6.d.h
Packet Pg. 241 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
1012412018 Uncut yard becomes a pain in the grass for neighbors, property values Chestefield County richmond.com
on their property, 95 percent of the owners cooperate. "The other 5 percent require greater effort on
the part of the county."
One should be aware that the Compliance Office deals with much more than just high grass and
weeds. The list of zoning code violations this group investigates is quite long. It includes such items
as inoperable vehicles on the property, RV parking and storage, dumping, lengthy use of POD
storage units and many more.
Therefore, it is not just high grass that keeps this office active. Indeed, because of the plethora of
possible code violations and the citizen complaint process, they primarily respond to complaints.
This brings up one final point. If you recognize that your complaint has been corrected by the
property owner, please call and advise the Compliance Office of that fact. It will cut down on wasted
man-hours and expense of having the property re-inspected for compliance.
Barclay summed up the process in this way: "The County provides this service with the intent to
maintain the integrity of neighborhoods and to maintain the value and aesthetic appearance of the
neighborhood which affects the quality of life (there)."
C:y.71
The Code Compliance brochure is available at the County Planning Office or online at:
www.co.chesterfield.va.us/CommunityDevelopment/Planning/CodeCompliance/CodeCompBroO df
and the online complaint form can be found at:
www.co.chesterfield.va.us/plan/CodeComplianceComplain . p
i i, I lA"' WEE1K: 2' + 1 otrr7$+wr lpt r's s ir
The complaint d ` o°. 500
httpsJ/www.richmond.coMnews/local/chestefield/uncut-yard-becomes-a-pain-in-the-grass--jor-neighbors/article_93a72a89-d936-5b22-9d2b-31 c74c6... 4/5
14'
6.d.h
Packet Pg. 242 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
i
6.d.h
Packet Pg. 243 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
EC.,17-3. 0. It shall be unlawful to place solid waste in any street, alley, and stream, body of water, woods,
or any other public place or upon private property. It shall be u xilawful for the awner or the occupant of any
te.al property to allow solid waste to remain upon the property more thau thitty daps aftex the ov mer or
accupaut knew or reasona.bly should have known of the presence of the solid waste. (B.S.M.10/17/06)
1.) There shall be a rebuttable presumption that the owner and/or the occupant of xeal estate has placed solid
waste or has allowed solid waste to remain on the property in violarion of this Ordinance if solid waste
remains on the property and visible from either a public right-of-way, road, or adjoining property for thirty
30) days or longer. (B.S.M. 10/17/06)
2.) The owners of property therein shall, at such time or times as the Board of Supervisors may prescribe,
remove therefrom any and all trash, garbage, refuse, litter and other like substances which might endanger the
health or safety of other residents of the County. The County may, whenever the Board of Supervisors deems
it necessary, after reasonable notice, have such ttash, garbage, refuse, litter and other like substances which
might endanger the health of other residents of the County, removed by its own agents or employees, in
which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and
may be collected by the County as taxes are collected. (B.S.M. 5/16/06)
3.) Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned
receptacles that are provided for such use and for the use of the persons disposing of such matter or in
authorized facilities provided for such purpose and in no other manner not authorized by law. (B.S.M.
5/16/06)
5EG,1'i-8. 'E TA.TI S
A. Any Owner of real property located in Pittsylvania County who, after reasonable notice,
fails to remove from said real property any and all trash, garbage, refuse, litter and other
substances which might endanger the health and safety of other residents of Pitts lvania
Coun shall be subject to the penalry as provided for in -
as the same may from time to time be amended.
B. It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse,
litter, or other unsightly matter, on public property, including a public highway, right-ofway,
property adjacent to such highway or right-of-way, or on private property without
the written consent of the Owner thereof or his Agent. Any violation of this ordinance
shall be punished as provided for in Section 33.1-346 A, Code of Virgiiva, as the same
may from time to time be amended. (B.S.M. 6/02/08)
Bills amendine this Section
A. Any locality may, by ordinance, provide that:
1. The owners of property therein shall, at such time or times as the governing body may prescribe,
reinove therefrom any and all trash, garbage, refiise, litter and other substances which might endanger the
health or safety of other residents of such locality; or may, whenever the governing body deems it
14
6.d.h
Packet Pg. 244 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 245 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
necessary, after reasonable notice, have such trash, garbage, refuse, litter and other like substances which
might endanger the health of other residents of the locality, removed by its own agents or employees, in
which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property
and may be collected by the locality as taaes are collected;
2. Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately
owned receptacles that are provided for such use and for the use of the persons disposing of such matter
or in authorized facilities provided for such purpose and in no other manner not authorized by law;
3. The owners of occupied or vacant developed or undeveloped property therein, including such property
upon which buildings or other improvements are located, shall cut the grass, weeds and other foreign
grow th on such property or any part thereof at such time or times as the governing body shall prescribe; or
may, whenever the governing body deems it necessary, after reasonable notice as determined by the
locality, have such grass, weeds or other foreign growth cut by its agents or employees, in which event the
cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be
collected by the locality as taxes are collected. For purposes of this provision, one written notice per
growing season to the owner of record of the subject property shall be considered reasonable notice. No
such ordinance adopted by any county shall have any force and effect within the corporate liinits of any
town. No such ordinance adopted by any county having a density of population of less than 500 per
square mile sllall have any force or effect except within the boundaries of platted subdivisions or any
other areas zoned far residential, business, commercial or industrial use. No such ordinance shall be
applicable to land zoned for or in active farming operation.
B. Every charge authorized by this section with which the owner of any such property shall have been
assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with
liens for unpaid local taxes and enforceable in the same manner as provided in Articles (§ 58.1-3940 et
seq.) and 4( 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to
facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by
blood or marriage to the owner and who has no business association with the owner. All such liens shall
remain a personal obligation of the owner of the property at the time the liens were imposed.
D. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in
lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. Tl e
6.d.h
Packet Pg. 246 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 247 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3
misdemeanor in the event three civil penalties have previously been imposed on the sa.me defendant for
the same or similar violation, not arising from the same set of operative facts, within a 2-month period.
Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties
for the same violation.
Code 1950, § 15-14; 1962, cc. 400, 623, 15.1-11; 1964, c. 31; 1968, c. 423; 1974, c. 655; 1978, c. 533;
1983, cc. 192, 390; 1990, c. 177; 1992, c. 649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740;
2001, c. 750; ?003, c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641; 2011, cc. 542, 695; 2012,
cc. 311, 403, 430, 431; 2013, cc. 189, 490, 508; 2014, cc. 383, 384, 385.
0
6.d.h
Packet Pg. 248 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
6.d.h
Packet Pg. 249 Attachment: Legislative Committee Mtg. Agenda Item G (1432 : Legislative Committee/Review Update)
L
C,
Y"
PCC SEC. 9-20. KEEPING OF INOPERATIVE MOTOR VEHICLES.
1) It shall be unlawful for any person, firm or corporation to keep on any property zoned for
residential or commercial or agricultural purposes any motor vehicle, which is inoperative,
except as follows:
a. Three (3) or fewer inoperative vehicles may be kept on such property provided
that each such vehicle,
i)
ii)
Is shielded or screened from view by covers; or
Is not visible on ground level from any exterior boundary line of such property.
b. Is kept on rural properiy, not visible from the highway, or any exterior boundary line of such
property. Rural property, for the purposes of this subsection only, means property, which is
within an "agricultural" zoning district, and is outside of an approved subdivision.
c. The inoperative motor vehicle is being kept at a commercial business in compliance with the
county's zoning regulations covering such business and/or a conditional use permit issued for the
operation of such business; provided, however, an inoperative vehicle being repaired at an
automobile repair business shall not be kept at such property for more than sixty (60) continuous
days; or
d. The inoperative vehicle is kept within a fully enclosed building or structure; or
e. The inoperative vehicle is shielded or screened from view other than by covers.
2) As used in this section, an"inoperative motor vehicle" shall mean any motor vehicle:
a. Which is not in operating condition; or
b. Which for a period of sixty (60) days or longer has been partially or totally disassembled by
the removal of tires and wheels, the engine, or other essential parts required for operation of the
vehicle; or
c. On which there are displayed no valid license plates; or
d. On which there is displayed no valid inspection decal.
This definition of "inoperative vehicle" shall not include a registered and licensed antique
vehicle, classic vehicle, or prestige vehicle.
3) Any person found to be in violation of this ordinance shall be subject to the imposition of a
penalty in accordance with the provisions of Section 15.2-2209 of the Code of Virginia, 1950, as
amended, as the same may from time to time be amended.
6.d.i
Packet Pg. 250 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
e:.
1' , `+
v
6.d.i
Packet Pg. 251 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
B.S.M. 11-20-07); (B.S.M. 06-02-08)
4) The Zoning Administrator and Code Enforcement Officer are hereby authorized to take any
action necessary to ensure compliance with this Code section.
State law reference(s) -- Authority to restrict keeping of inoperative motor vehicles, etc., on
residential or commercial property; removal of such vehicles, Code of Virginia, Section 15.2-
904.
6.d.i
Packet Pg. 252 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
6.d.i
Packet Pg. 253 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
r
ZONING
SEC. 35-120. JUNK YARDS.
No junk yard shall be hereafter established in the County, any portion of which is within one
thousand (1,000) feet of the neazest edge of the right-of-way of any interstate or primary
highway or
within five hundred (500) feet of the nearest edge of the right-of-way of any other highway in the
county, and hereafter any established and licensed junk yard in the County as of the date of the
enactrnent of this Ordinance and thereafter, and/or considered under the grandfather clause shall
be
screened by natural objects, plantings, fences or other appropriate means so as not to be visible
from
the main-traveled way of the highway, and adjoining landowners or otherwise removed from
sight.
Fences shall be limited to not less than eight (8) feet nor more than twelve (12) feet in height. No
junk yard (salvage yard) shall be grandfathered unless the owner holds a valid license for such an
operation
Automobile Graveyard - Any lot or place which is exposed to the weather upon which
more than five (5) motor vehicles of any kind; incapable of being operated, and which it
would not be economically practical to make operative, are placed, located or found. This
does not apply to farm vehicles in agricultural districts.
Inoperable Vehicle - An inoperable vehicle means any motor vehicle which is not in
operating condition, or which for a period of sixty (60) days or longer has been partially or
totally disassembled by the removal of tires and wheels, the engine or other essential parts
required for the operation of the vehicle, and for which there is no valid inspection sticker.
This does not include farm use vehicles or antique vehicles.)
Junkyard - An establishment or place of business which is maintained, operated, or used for
storing, keeping, buying or selling junk or for the maintenance or operation of an
automobile graveyard the term shall also include private garbage dumps, private sanitary
landfills, and salvage yards.
SEC. 35-877. PENALTIES.
Any person, whether as owner, lessee, principal, agent, employee or otherwise, who
violates any of the provisions of this Ordinance or permits any such violation, or fails to
comply with any of the requirements hereof, or who erects any building or structure on any
land in violation of any detailed statement or plan submitted by him and approved under
the provisions of this Ordinance, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than ten dollars ($10.00) no more than One thousand dollars
1,000.00). Each day upon which such violation continues shall constitute a separate
offense.
15.2-2209. Civil penalties for violations of zoning ordinance.
S
6.d.i
Packet Pg. 254 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
Notwithstanding subdivision A 5 of § 15.2-22K6, any locality may adopt an ordinance
which establishes a uniform schedule of civil penalties for violations of specified
provisions of the zoning ordinance. The schedule of offenses shall not include any
zoning violation resulting in injury to any persons, and the existence of a civil penalty
shall not preclude action by the zoning administrator under subdivision A 4 of § I 5.2-
2286 or action by the governing body under § 15.2-2208.
This schedule of civil penalties shall be uniform for each type of specified violation,
and the penalty for any one violation shall be a civil penalty of not more than $200 for
the initial summons and not more than $500 for each additional summons. Each day
during which the violation is found to have existed shall constitute a separate offense.
However, specified violations axising from the same operative set of facts shall not be
charged more frequently than once in any 10-day period, and a series of specified
violations arising from the same operative set of facts shall not result in civil penalties
which exceed a total of $5,000. Designation of a particular zoning ordinance violation
for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and
except for any violation resulting in injury to persons, such designation shall preclude
the prosecution of a violation as a criminal misdemeanor, provided, however, that
when such civil penalties total $5,000 or more, the violation may be prosecuted as a
criminal misdemeanor.
The zoning administrator or his deputy may issue a civil summons as provided by law
for a scheduled violation. Any person summoned or issued a ticket for a scheduled
violation may make an appeazance in person or in writing by mail to the department
of finance or the treasurer of the locality prior to the date fixed for trial in court. Any
person so appearing may enter a waiver of trial, admit liability, and pay the civil
penalty established for the offense charged. Such persons shall be informed of their
right to stand trial and that a signature to an admission of liability will have the same
force and effect as a judgment of court.
If a person charged with a scheduled violation does not elect to enter a waiver of trial
and admit liability, the violation shall be tried in the general district court in the same
manner and with the same right of appeal as provided for by law. In any trial for a
scheduled violation authorized by this section, it shall be the burden of the locality to
show the liability of the violator by a preponderance of the evidence. If the violation
6.d.i
Packet Pg. 255 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
remains uncorrected at the time of the admission of liability or finding of liability, the
court may order the violator to abate or remedy the violation in order to comply with
the zoning ordinance. Except as otherwise provided by the court for good cause
shown, any such violator shall abate or remedy the violation within a period of time as
determined by the court, but not later than six months of the date of admission of
liability or finding of liability. Each day during which the violation continues after the
court-ordered abatement period has ended shall constitute a separate offense. An
admission of liability or finding of liability shall not be a criminal conviction for any
purpose.
No provision herein shall be construed to allow the imposition of civil penalties (i) for
activities related to land development or (ii) for violation of any provision of a local
zoning ordinance relating to the posting of signs on public property or public rights-
of-way.
6.d.i
Packet Pg. 256 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
6.d.i
Packet Pg. 257 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
F.
Vir inia Code 15.2-2209. Civil nenalties for viotations of zoning ordinance.
Notwithstanding subdivision A 5 of 15.2-2286, any locality may adopt an ordinance which
establishes a unifonn schedule of civil penalties for violations of specified provisions of the
zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in
injury to a y persons, and the existence of a civil penalty shall not preclude action by the zoning
administrator under subdivision A 4 of 15.2-2286 or action by the governing body under
15.2-2208.
This schedule of civil penalties shall be uniform for each type of specified violation, and the
penalty for any one violation shall be a civil penalty of not more than $200 for the initial
summons and not more than $500 for each additional suirunons. Each day during which the
violation is found to have existed shall constitute a separate offense. However, specitled
violations arising from tlle same operative set of facts shall not be charged inore frequently than
once in any 10-day period, and a series of specified violations arising from the same operative
set of facts shall not result in civil penalties which exceed a total of $5,000. Designation of a
particular zoning ordinance violation for a civil penalty pursuant to this section sliall be in lieu of
criminal sanctions, and except for any violation resulting in injury to persons, such designation
shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that
when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal
misdemeanor.
Tlle zoning adminish•ator or his deputy may issue a civil summons as provided by law for a
scheduled violation. Any person summoned or issued a ticket for a scheduled violation may
make an appearance in person or in writing by mail to the department of finance or the treasurer
of the locality prior to the date fixed for trial in court. Any person so appearing may enter a
waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such
persons shall be informed of their right to stand trial and that a signature to an admission of
liability will have the same force and effect as a judgment of court.
If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same inanner and with the
same right of appeal as provided for by law. In any trial for a scheduled violation authorized by
this section, it shall be the burden of the locality to show the liability of the violator by a
preponderance of the evidence. If the violation remains uncorrected at the time of the admission
of liability or finding of liability, the court may order the violator to abate or remedy the
violation in order to comply with the zoning ordinance. Except as otherwise provided by the
court for good cause shown, any such violator shall abate or remedy the violation within a period
11
6.d.i
Packet Pg. 258 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
o
6.d.i
Packet Pg. 259 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
of time as detern ined by the court, but not later than six months of the date of admission of
liability or finding of liability. Each day during which the violation continues after the court-
ordered abatement period has ended shall constitute a separate offense. An admission of liability
or tinding of liability sliall not be a criminal conviction far any purpose.
No provision herein shall be construed to allow the imposition of civil penalties (i) fot• activities
related to land development or (ii) for violation of any provision of a local zoning ordinance
relating to the posting of signs on public property or public rights-of-way.
1985, c. 417, § 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; l 988, cc. 513, 813, 869, 895; 1989, c.
566; 1990, cc. 47 , 495; 1992, c. 298; 1993, c. 823; 1994, c. 342; 1995, c. 494; 1996, c. 421;
1997, c. 587; 20U3, c. 192; 2006, c. 248; 2008, c. 727.
6.d.i
Packet Pg. 260 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
v
6.d.i
Packet Pg. 261 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
1012.` § 15.2-904. Authoriry to restrict keeping of inoperable moter vehicles, etc., on residential or commercial property; removal of such vehicl...
10:`23/2018
Code of Virginia
Title 152. Counties. Cities and 'I-cn-ns
Chapter 9. General Powers of Local Govci-iiments
15.2-904. Authority to restrict keeping of ii operable motor vehicles, etc., on
residential or commercial property; removal of such vehicles; penalty.
A. Any locality may, by ordin nce, provide that it shall be unla vful for any person to keep, except within a fully
enclosed building or structure or othen ise shie(ded or screened from ciew, on any property z,oned for residential or
commercial or a ricu(tural purposes any moror vehicle, trailer or semitrailer, as such are detined in ,' 4E.2-100, which
is inoperable. Any locality in addition may, by ordinance, li lit tl e number of inoperable motor vehicles which any
person nay keep outside of a fu(ly enclosed buildin or structure. but vhich are sl ielded or screened from rie- by
covers. As used in this section, an "inoperab(e motor vehicle" rnay, at the election of the locality, mean any one or
more of the fi llow ing: (i j any motor i•eliicle which ic riot in operating conditio l; (ii) a»y motor vehicle which fi r a
period of 60 days or ]onger has been partiall or totally disassenahled bv the removal of+,ires and vheels, th ngine,
or other essentia( parts required For operation of the vetticle; or (iii) any motor vehic(e on «-11ich there are disp ayed
neither alid license plates nor a valid inspection decal. I owever. the }rovisions of thi section shall not apply to a
licensed business hich on June 26, 1970, is regularly enga ed in business s an automobile dealer, salvage dealer or
scrap processor.
B. Any locality may, by ordinance, further provide that: (i) tl e o«neis of propert zoned for residential, commercial
or agricultural purposes shall, at such tin e or ti zles as the locality Prescribes, rernove tlierefrom any such inoperable
motor vehicles, trailers or semitrailers that are not kept «ithin a fully enclosed building or struchire; (ii) such locality
through its own agents or employees may re nove a iy such inoperable motor vehicles, trailers or semitrailers,
wheuever the owner of the premises, after reasonable notice, has failed to do so; (iii) in the event such locality,
through ils own a ent5 c r emplo}-ees, removes any sucl motor vellicles, trailers or semitrailers, afier having given
such reasonable notice, such locality may dispose c f such motor vehicles, trailers or semitrailers after giving
additional notice to the owner of the vehicle; (iv) ihe cost of any such removal and disposal shall be chargeable to the
owner of the vel.iiclt or premises and may be collected by the loca(itv as taxes are collected; and (v) every cost
authoriced by this section ith which the owner of the premises has becn assessed shall constitute a lien against the
property from hich tl e vehicle was reir oved, the lien to conti rue until actual payment of such costs has been made
to the locality. Nc rivitllstanding tlie other provisiclns of tltis si bsecti n, ii the o ner of such veliicle can demonstrate
that he is actively restciring or repairiug the vehi4le, and if it is shielded or screened [rom view, the vehicle and one
additional inoperative motor vehicle that is shielded or scre ned f om view and being used for the restorati n or repair
inay remain on the property.
C. The gc ven ing body of any locality may by ordinance provide that violations of this section shall be subject to a
civil pcnalty, -hich may be imposed in accordance with the provisions of I.2-2?09.
D. Excepl as provided in this subseciion, adoption of an ordinance pursuant to subsection C shall Ue in lieu of crimir,al
penalties and shall preclude prosecution of such violatio i as a misdcmeanor. The toverning body of any lc cality may,
however, by ordinance proviiie that such violations shall be a Class 3 misdemeanor in the event three civil penalties
have previously been imposed on the same defendant f`or the same or similar io(ation, not arising fi m the same set
of operative facts, vittiin a 24-month period. Classifying such subsequent violations as criminai offenses shall
preclude the iinposition of civil peiialties for the same violation.
E. As used in this section, notwitl standing atiy other provision of la v, general or speciaL "shieldeci or screened liom
view" means not visible by someone standing at ground leve( fi-om outsid c f ti7e property on , hich the subjecc
vehicle is located.
1966, c. 390, (5.1-11.1; 197t), c. 196; 1972, c. 57?; 1973, c. ;9; 19R2, c. 3b; 1935, c. ?89; 1986, c. 2 5; 1989, c.
404; 1997, c. 5R7; 2OU3, c. 829; 2U04, cc. 13, 934; 2005, cc. 4b5, ?75.
https://law.lis.virginia.gov/vacode/title15.2/chapter9/sECtion15.2-904. 3 2
6.d.i
Packet Pg. 262 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
6.d.i
Packet Pg. 263 Attachment: Legislative Committee Mtg. Agenda Item H (1432 : Legislative Committee/Review Update)
For those of you who didn’t attend the Legislative Committee Meeting, below please find an
After-Action Report. Please see me if you have any questions. Thanks.
(a) Discussion of Potential Revision to Elderly and Indigent Partial Real Estate
Tax/Solid Waste Fee Exemptions
Motion unanimously passed by Legislative Committee (“LC”) Members to hold
Public Hearing at the BOS’ December Business Meeting to amend Pittsylvania
County Code (“PCC”) § 6-6 to increase annual household income threshold eligible
for elderly/indigent tax exemption on real estate and solid waste fee from $18,000
to $25,000, with an increase in the tax exemption cap from $300 to $450.
(b) Discussion of Potential Revision to County Code Allowing Late (with Penalty)
Land Use Application Filing
As allowed under the Virginia Code, discussed potentially adding PCC §6-12.2(B)
to the PCC allowing for the late filing of a land use application with a $100
penalty. Due to time not being of the essence, it was the LC’s consensus to tackle
this issue at the appropriate time in 2019.
(c) Discussion of Potential Revisions to BOS Bylaws
Discussed potentially amending the BOS Bylaws related to the following
changes: (1) changing BOS Work Session start time from 4:30 PM to 4:00 PM; (2)
adding aspirational language desiring the creation of a better BOS committee
appointee vetting and interview process; and (3) adding language giving BOS
members (with certain limitations) the ability to remove their BOS committee
appointees. Consensus from LC to discuss this matter at the BOS’ December Work
Session.
(d) Discussion/Review of Proposed Legislative Priority List and Discussion of
Potential Retention of Lobbyist for 2019 Virginia General Assembly Session(s)
Reviewed 2019 Legislative Priority List previously discussed by the BOS at the
November BOS Work Session. Unanimous LC Motion to consider a Resolution
adopting said Legislative Priority List at the December BOS Business
Meeting. Also discussed/reviewed VACO’s 2018 and 2019 Legislative Program
to determine redundant lobbying areas. LC gave direction to County Staff to
investigate potential cost of hiring a lobbyist for the 2019 Virginia General
Assembly Session(s).
(e) Discussion of Potential Revision to Noise Ordinance
At the request of Bryan Haskins, Commonwealth’s Attorney, Motion unanimously
passed by LC to hold Public Hearing at the BOS’ December Business Meeting to
amend PCC § 41-5(B) to change the reference therein from 40-60 to 41-6 to link
6.d.j
Packet Pg. 264 Attachment: Legislative Committee After Action Report (1432 : Legislative Committee/Review Update)
said Ordinance to the correct table entitled “Maximum Sound Pressure Levels;”
thereby, allowing Haskins to successfully prosecute Noise Violations in the future.
(f) Discussion of Potential Nuisance Animals Ordinance
Discussed potentially adding a Nuisance Animals Ordinance to the PCC that would
give Animal Control another tool to combat aggressive animals that haven’t
attacked another animal or person yet. Said Ordinance would only apply to
domesticated animals and not livestock. LC liked Bedford County’s Ordinance
with minor modifications. Due to time not being of the essence, it was the LC’s
consensus to tackle this issue at the appropriate time in 2019.
(g) Discussion of Potential Grass and Weeds Ordinance
Discussed potentially adding a Grass and Weeds Ordinance to the PCC that would
give Code Enforcement a tool to combat situations when a neglected yard disrupts
the character of a neighborhood and serves to decrease neighboring property
values. Said Ordinance is only being contemplated in R-1 zoned properties. Any
proposed Grass and Weeds Ordinance would not apply to any agriculturally zoned
properties or agricultural activities. Due to time not being of the essence, it was the
LC’s consensus to tackle this issue at the appropriate time in 2019.
(h) Discussion of Potential Revisions to Inoperable Vehicles Ordinance
Discussed potentially amending the current PCC to allow for a different number of
inoperable vehicles in the County based on zoning classification (i.e., fewer in R-1
properties than the three (3) currently allowed under the PCC). Due to time not
being of the essence, it was the LC’s consensus to tackle this issue at the appropriate
time in 2019.
6.d.j
Packet Pg. 265 Attachment: Legislative Committee After Action Report (1432 : Legislative Committee/Review Update)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Other Reports
Staff Contact(s):
Agenda Date: December 18, 2018 Item Number: 6.e
Attachment(s):
Reviewed By:
6.e
Packet Pg. 266