Item Coversheet
New Kent County Board of Supervisors
P O Box 150, 12007 Courthouse Circle
New Kent, VA 23124

Meeting Date: 2/12/2024
AGENDA ITEM REQUEST 
(TO BE SUBMITTED NO LATER THAN 12 DAYS PRIOR TO THE MEETING)

PUBLIC HEARINGS
Motion: "Mr. Chairman, I move to (not required for Consent Agenda items)adopt Ordinance O-03-24 to amend New Kent County Code Chapter 82, Article V and Article VI to comply with the Code of Virginia, relating to the Marine Resources Commission and local wetlands boards; permit applications; and public notice. 

Subject

PUBLIC HEARING - Ordinance O-03-24, Amendments to New Kent County Code Chapter 82, Articles V and VI - Environmental Director Josh Airaghi 

Issue

The Board of Supervisors will consider amendments, primarily involving public notification requirements, to Chapter 82 - Environment, Article V - Wetlands and Article VI - Sand Dunes and Beaches. The amendments will align the County Code with the Code of Virginia. 

Recommendation

Staff recommends adoption of the proposed motion. 

Fiscal Implications

None 

Policy Implications

When a wetlands or dunes and beaches application necessitates a public hearing, staff is now required to publish a newspaper ad once in the seven days prior to the hearing, to post a notice on the website at least 14 days prior to the hearing, and to notify the Marine Resources Commission so they may submit the notice to the Virginia Regulatory Town Hall. 

Legislative History

During the 2023 Legislative Session of the General Assembly, changes were made to the laws governing both the Wetlands Zoning Ordinance and the Coastal Primary Sand Dune Zoning Ordinance relating to notification requirements and public hearings.

 

New Kent County previously adopted both of these ordinances; thus, the County Code needs to be amended to comply with the changes made to the Code of Virginia.

 

Discussion

The amendments to the Code of Virginia did not alter the substance of the Wetlands Zoning Ordinance or the Coastal Primary Sand Dune Zoning Ordinance; however, they did change some procedural aspects of how applications requiring public hearings are advertised.

 

Additionally, staff has taken the opportunity to correct grammatical errors, capitalizations, and missing verbiage from prior amendments.

 

Time Needed: 
10 Minutes
Person Appearing: 
Environmental Director Josh Airaghi
Request prepared by: Josh Airaghi
Telephone: 
804-966-8580 
Copy provided to:   
ATTACHMENTS:
DescriptionType
Ordinance O-03-24Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
Environmental Division Airaghi, JoshApproved1/30/2024 - 4:09 PM
AdministrationHathaway, RodneyApproved1/31/2024 - 3:14 PM
AttorneyEverard, Joshua Approved2/5/2024 - 8:34 AM