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9/25/2018 - Regular
INVOCATION: Roanoke County Board of Supervisors September 25, 2018 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda September 25, 2018 Good afternoon and welcome to our meeting for September 25, 2018. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountvVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Citizen Recognition by the Police Department (Howard B. Hall, Chief of Police) 2. Recognition of Deputy Chad Beheler, Virginia Sheriff's Association 2018 VSA Deputy of the Year (Eric Orange, Sheriff) D. BRIEFINGS 1. Briefing to update the Board of Supervisors on Hurricane Florence storm damage and response (Stephen G. Simon, Chief of Fire and Rescue) 2. Briefing on a simulator for workforce development (Michael W. Altizer, Western Virginia Water Authority) Page 2 of 5 E. NEW BUSINESS F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission.- 1. ommission: 1. The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG -3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance approving and authorizing the execution of a Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a/ Cox Communications, Roanoke (Mary Beth Nash, Senior Assistant County Attorney) 2. Ordinance declaring surplus and authorizing sale of two (2) parcels totaling .505 +/- acres of real estate located at 3319 and 3323 Westmoreland Drive, Cave Spring Magisterial District (Ruth Ellen Kuhnel, County Attorney) H. SECOND READING OF ORDINANCES 1. Ordinance authorizing the acquisition of new public drainage easements located at 3055 Franklin Street (Tax Map No. 066.02-02-03.00) and 3065 Franklin Street (Tax Map No. 066.02-02-04.00), in the Windsor Hills Magisterial District, for the purpose of facilitating drainage improvements (Tarek Moneir, Acting Director of Community Services) I. APPOINTMENTS 1. Budget and Fiscal Affairs (BFAC) (appointed by District and At -Large) 2. Economic Development Authority (EDA) (appointed by District) 3. Library Board (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — July 24, 2018 Page 3 of 5 2. Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $142,350 3. Request to accept and allocate grant funds in the amount of $256,972.50 from the National Highway Traffic Safety Administration for the Roanoke Valley Driving Under the Influence (DUI) task force and the Drug Recognition Expert Grant 4. Resolution requesting acceptance of Millwheel Drive, Foxfield Lane, Millwood Drive, Russlen Drive, and Woods Meadow Lane into the Virginia Department of Transportation Secondary System 5. Resolution confirming the County Administrator's declaration of a Local Emergency due to severe weather K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of August 31, 2018 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2018 5. Accounts Paid - August 31, 2018 M. WORK SESSIONS 1. Work session to review with the Board of Supervisors the preliminary and unaudited budget and financial results for fiscal year ending June 30, 2018 for the County of Roanoke, Virginia (Rebecca E. Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget) EVENING SESSION N. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Virginia Association of Counties Achievement Awards (Dean Lynch, Executive Director, Virginia Association of Counties) Page 4 of 5 O. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District, located at 4053 Aerospace Road, Vinton Magisterial District. (Philip Thompson, Acting Director of Planning) 2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a Special Use Permit in a AR, Agricultural/Residential, District to construct buildings on a parcel without public road frontage per Section 30-23-5(B) of the Roanoke County Zoning Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave Spring Magisterial District (Philip Thompson, Acting Director of Planning) P. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution amending the County's Comprehensive Plan by incorporating the 2018 Roanoke Valley Greenway Plan (Bailey Howard -DuBois, Planner 11) Q. CITIZEN COMMENTS AND COMMUNICATIONS R. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. P. Jason Peters 2. George G. Assaid 3. Phil C. North 4. Joseph P. McNamara 5. Martha B. Hooker S. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Citizen Recognition by the Police Department Howard B. Hall Chief of Police Thomas C. Gates County Administrator Presentation of Citizen Commendation by the Police Department BACKGROUND: On August 19, 2018, the Police Department received a report of a shoplifter at the Wal Mart in the Clearbrook area of Roanoke County who had left the store with stolen merchandise. Officers confronted the subject, who was carrying a machete, on the side of Franklin Road. The subject resisted attempts to take him into custody and fled across Franklin Road with an officer in pursuit. As this was occurring, Mr. Luke Gingerich was driving on Franklin Road. He observed the subject fleeing from the officer. Without hesitation, Mr. Gingerich stopped his car and began to chase the subject, whom he was able to catch and take to the ground. He subsequently assisted officers in taking the subject into custody. Mr. Gingerich went "above and beyond" in assisting the Police Department and put himself in danger in order to assist with a volatile situation. For his efforts, the Police Department will present a Citizen's Commendation to Mr. Gingerich. Page 1 of 1 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Employee Recognition BACKGROUND: September 25, 2018 Recognition of Deputy Chad Beheler, Virginia Sheriff's Association 2018 VSA Deputy of the Year Eric Orange Sheriff Thomas C. Gates County Administrator Deputy Beheler was selected by the Virginia Sheriff's Association as the Deputy of the Year for 2018. This distinct honor is bestowed upon one Deputy annually representing the entire State of Virginia in recognition of their tireless dedication and sacrifice to their chosen profession. Deputy Beheler has and continues to demonstrate the heart of a servant in everything that he does and is truly an asset to the RCSO, County of Roanoke and most importantly our Citizens. Chad was formally recognized during the annual state conference on September 13, 2018. Page 1 of 1 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Briefing to update the Board of Supervisors on Hurricane Florence storm damage and response Stephen G. Simon Chief of Fire and Rescue Thomas C. Gates County Administrator This time has been put aside to update the Board of Supervisors on Hurricane Florence storm damage and response. Page 1 of 1 ACTION NO. ITEM NO. D_2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Briefing on a simulator for workforce development Thomas C. Gates County Administrator Thomas C. Gates County Administrator This time has been set aside to update the Board of Supervisors virtual reality simulator that is used for training of Water Authority staff. Page 1 of 1 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 25, 2018 The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG -3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District Philip Thompson Acting Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Consent agenda item for first reading of an ordinance BACKGROUND: The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for October 23, 2018. The title of this ordinance is as follows: 1. The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residental, District to AG -3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 23, 2018. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 �-L- �90-Qo For Staff Use Only Date received: Received by: 8 -cl _ t ,tt u � App�3ication tee. PCftl}-A• dale: .n , Q ) PPacards issued BOS date: q J � % t�, � `J A I j �" IQ Case Number Fax No.: ALL APPLICANTS Check type of application filed (check all that apply) ARezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232► Review Applicants name/address w/zip J Phone: 0int,t l'== t1 C'►)(-11�€ Work: q J � % t�, � `J A I j �" cell #: A, -J d Fax No.: Owner's name/address w/zip Phone #: Work: Fax No. #: et Location /� m) t � /-e? PIjjq Magisterial District: C44, to Community Planning area:6/eAj (Z '�;,q E/A - TaxM I)No.:0 �j,uc"-L'2--_ �-3 t.0 �l�CC("> & U D — «•z- J C Existing Zoning: �ia € -t( , 7,- zc otparces�- Acres. ` y Existing Land Use: 114 0, C (� I REZONIN)SPECIAL USE PERMIT, IVA1 VER AND CONIP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) - Proposed Zoning: `j d 6 ` Proposed Land Use: ar V C Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes I❑ No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ❑ No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes iF1 No ❑ V.4RIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the .Roanoke County Zoning O e in der to. "Pp�aui cUILI r, auuuwauawi a uwiaiwi w 1-7 IV Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordilme Appeal of Interpretation of Zoning Map to - Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ITEMS ARE MISSING OR INCOMPLETE, R/SAVICP WAA R/SAV/CP V/AA RIS/FV/CP WAA Consultation 8 1/2" x 11" concept plan ApjAica Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent f the owner. Owner's Signature 2 I 3 may, d� vv_ z X3.1 wa hi A44hh� P. n {_ 44e -e 4*r� lMWIA 3 • JUSTIFICATION F R�ONINGIPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant fYe5R4C1-e M . 01_4e1Je—ktad - MA-,C4-kR- P. kleAe_D—OkP—/1/rn ki A,�J The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, Z-4/ t6 Al - 4,tlesPLIC Y D,45 - Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan, a Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. �1 .JAPE - -t- - -w *Lr 'L/" pac� O' Ivy �a�SL�� � J �A�yl�� es N 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and Connty development regulations and may require changes to the initial concept pian. Unless fimiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request, The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c, Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and ,SPECIAL USE PERAKT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n, Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p, Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. 'v e CT Signature of applican Date tom. � F Community Development Planning & Zoning Division x 1836 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permitpetition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate fitrther sttidy is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date; April f9,2005 Name of Petition i ] P itio e'r'sSignat re Date ■ � � �- . �1 � �`� � ' .c 1�11L / 1 �,^ ■ t � �' i r� Grantor. ......... ---- ..... ...... - Grantee: ...........................t. .......... Consideration: .......... Existing Debt: ... --.00. ..... ...... Actual Value/Assumed: ... __P35tTK-qo .................... PRIOR INSTRUMENT UMPER § 58,1-803(D). Original Principal. $0.0-0 Fair. Market Value: Increase; Original Book Number:. ..Original Page Number. Prior Recording At: City County KU't'ItTJO't i Y UN jj : y 11 . V, A "7 i7 f- - . .? n J - ul e A Z I UJ'. ""L. $13LOO GRANTOR TAX WAS PAID A3 R E Q U i ,.'4'." 0 BY 'S E C 5. 8. `1 8 02 C) F "T HE VA GEE, ST M, $108. 00 30 STEVEN A. MC"AW SCLER'�-� -0 RECOBV* -Dr- RDE I - i' RD (Area.Above Reserved For Deed Stamp Only) Original Instrument Number: .......................... Percentage In This jurisdiction- Businss / NAME Grantor: HALL, CHARLES E....... ........ Grantor; ...... ......... -'.- ............ .................. . ........ . ...... ... . . . ...... I Grantee: !?BENCHAIN, HORACE M .. ........ ---------- I-- . ... .. ........ 2 YOPP-OBENCHAIN, MART.H.A.P....... ..... Grantee: .......... GRANTEE ADDRESS Name: HORACE M OBENCHAIN Address: 4191 BARLEY DRIVE City: SALEM..... ............ .... ... State: .... VPL_ Zip Code: Book Number: -- ...... Page Number: ......... I instrument Number . ........... Parcel Identification Number (PIN)- Tax Map Number: -065.0.0-.10.2.-.4.31.1.2.-.0.0-0.10 ........ Short Property Description: TRACT 12 . ........................... ......... ......... ......... WEST SALEM FOREST . ...................... ...... ............. Current Property Address: 4165 BARLEY .......... - .......... ........ City:. SALEM... ..... .................. ........................... .. ...... .... State- VA— Zip Code: �241.5.3 ..... Instrument Prepared By: JAMES TJORDAN .............. . ..... . ... ... Recording Paid By: JAMES TJORDAN .. .... Recording Returned TO: L JAMES T. -JORDAN .......... Address. 201 S COLLEGE AVENUE ................. . ... ...... . . . .. ......... City, SALEM..,..._....State.- .. ..... .......... ...YA._ Zip Code: 24153 FORM CC -1570 Rev; 7/15 Page 1 of 2 Cover Sheet A §§ 17.1-223,17.1-227.1,17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. ,711V1 Ll lUp.. LY ..........,..... �.-. Current Property Address: ...... . City:. _ _ ..... State: ......._. Zip We: FORM CC -1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17,1-223,17.1-227.1,171-249 Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved, Title Insurance Co,: None Consideration: $65,000.00 Assessed Value: $135,700.00 TAX "ANO. 065.00-02-43:12-00004 065.00-02-4.3:13-0.000. THIS DEED, made and entered into this 25th day of May, 2017, by and between CHARLES E. HALL, party of the first part and hereinafter referred to as the "Grantor"; and HORACE M. OBENCHAIN and MARTHA P. YOPP-OBENCHAIN, husband and wife, as tenants by the entirety with the right of survivorship, as at common law, whose mailing address is 4191 Barley Drive, Salem, Virginia 24153, parties of the second part and hereinafter referred to as the "Grantees." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the Grantees unto the Grantor and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL AMES T. JORDAN LOLL GEA ENUE and CONVEY, with GENERAL WARRANTY and MODERN ENGLISH COVENANTS OF 2M, VIRGINIA 24153 11 TITLE unto the Grantees, HORACE M. OBENCHAIN. and MARTHA P. YOPP- OBENCHAIN, husband and wife, as tenants by the entirety with the right of survivorship, as at common law, all the following -described parcels of land, together with any improvements thereon, lying and being in the County of Roanoke, State of Virginia, to -wit: 1 Lots 12 and 13, as, shown on the Map, of West Salem Forest; of record in the Clerk's Office of, the Circuit Court for the County of Roanioke, Virginia, in Plat Book 9, Page 278; and, TOGETHER WITH easements for access to and from State Route 646 over the fifty foot roadway easement as shown on said plat, and over a new fifty foot right of way over the remaining property of the land now or formerly owned by Melvin D. Nowlin, the centerline of which is the centerline of the existing new road extending from a paint fifty feet south of the northerly boundary line of Lot 13 extended in a westerly direction and running to the northerly boundary of the remaining property of the land now or formerly owned by Melvin. D. Nowlin. Also included in this easement is a fifty foot right of way extending in a westerly direction- from Lot 13 to its iftersection with;, the aforesaid road, the centerline being a line twenty-five feet south of and parallel to the northerly line of Lot 13 extended in a westerly direction; and, TOGETHER WITH AND SUBJECT TO an easement for the use of water from the pond on the southwesterly boundary line of Lot 13 for the purpose of watering livestock. Each party shall have access to a sufficient portion of the pond for this purpose, not exceeding one-half. These rights shall run with the land; and, BEING the same property conveyed to Charles E. Hall, by deed dated February 17, 1999, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1610, Page 1828. This conveyance is made subject to all easements, conditions, restrictions and reservations of record now affecting said property. PREPARER OF THIS DEED HAS NOT RELIED ON EITHER A TITLE EXAMINATION OR A SURVEY WITNESS the following signature and seal: JAMES T JORDAN A17ORNEYAT LAW 201 S. COLLEGE AVENUE SALEM. V4RGINIA24753 STATE OF VIRGrINIA } CITY OF SALEM ) TO -WIT: The foregoing instrument was acknowledged before me this �L day of J�, 2017, by Charles E. Hall. My Commission Expires: (X�30� a01-1 > l._ JT (r J; Notary Public 3 : � ATIO ~_ � : 72 962 NO' U Y613 M EkRRES:• M l2pr7 >PUtiBL�C`\`\`\` _DWARD W. LALTTENSCHLAGER ATTORNEY AT LAW 201 S. COLLEGE AVENUE SALEM. VIRGINIA 24153 PREPARED BY AND RETURN TO: Edward W. Lautenschlager, Attorney at Law 201 S. College Avenue Salem, VA 24153 Virginia State Bar, #: 16748 Title Insurance Co.: Fidelity National Title Ins. Co. Consideration: $140,000.00 Assessed Value: $201,000.00 Tax Map No: 065.00-02-39.00-0000 THIS DEED, made and entered into this 15th day of February, 2013, by and between MELVIN D. NOWLIN and, MARY CATHERINE NOWLIN, parties of the first part and hereinafter referred to as the "Grantors"; and HORACE M. OBENCHAIN, whose mailing address is 3955 Wippoorwill Lane, Salem, VA 24153, party of the second part and hereinafter referred to as the "Grantee." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00), cash in hand paid, by the Grantee unto the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY and MODERN ENGLISH COVENANTS OF TITLE, unto HORACE M. OBENCHAIN, the Grantee, all the following -described parcel of land, together with any improvements thereon, lying and being in the City of Salem, State of Virginia, to -wit: 42.00 acres, more or less, conveyed to Melvin D. Nowlin and Betty King Nowlin, husband and wife, by deed dated September 22, 1977, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1078, Page 665, and 0.317 acres conveyed to Melvin D. Nowlin and Betty K. 1 Nowlin, husband and wife, by deed dated March 25, 1998, of record in Deed Book 1282, Page 512, and shown on a plat of survey dated September 25, 1987, made by T.P. Parker for West Salem Associates, of record in Deed Book 1282, Page 518; and together with those parts of Lots 12 and 13, West Salem Forest, west of the westerly lines of said lots and east of the branch, and less and excepting those parts of the 42,00 acre tract east of the westerly lines of said lots as shown on the map and west of the branch; and Being the same property conveyed to Melvin D. Nowlin and Mary Catherine Nowlin, by Deed from Melvin D. Nowlin and Mary Catherine Nowlin, dated March 18, 1999, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed Book 1614, page 729. This conveyance is made subject to all easements, conditions, restrictions and reservations of record now affecting said property. Witness the following signatures and seals. 15� V-_141 0 --,j , (SEAL) MELVIN D. NOWLIN I 1 C (SEAL) MARIKkATHERINE NOWLIN STATE OF VIRGINIA ) to -wit: CITY OF SALEM ) =OWRRD W. NFYATSAHLAQER g � day Of February ATrORH UTENSCH The aforegoing deed was acknowledged before me this 201 S. COLLEGE AVENUE SALEM, VIRGINIA 24153 11 2013, by MELVIN D. NOWLIN and MARY C THE jRINE NOWLIN. i n`.af Notary Public PN N E ;ioNw' My commission expires:GPS V i REGISMTION NO. 7033716 -.,MY Comm. Expms _ 101311201A or 2 sib 6.1 bniv,. (Z" S.9' . 112 eoodU78 eece665 THIS DEED, made and entered into this 22nd day of September 1977, by and between DOROTHY G; BOARDMAN, divorced; SYLVIA G. ALBERT and JOHN E. ALBERT, her husband; SANUEL C.,GEARHEART and SHIRLEY C. GEARHEART, his wife; MARGARET G. WATSON* divorced; JIMMY RAY CEARREART9 single and DAVID WAYNE CEARHEART, single, parties of the first part; and MELVIN D. NOWLIN and BETTY KING NOWLIN, husband and wife, as tenants by the entirety with the right of survivorship, parties of the second part. W IT NES SE IR THAT FOR AND IN CONSIDERATION ofthe sum of TEN DOLLARS ($10:00) cash in hand paid by the parties of the second part to the parties of the first parts and other good and valuable con- sideration, the receipt of which is hereby, acknowledged, the said partes of the first part do hereby GRANT, ; -BARGAIN, SELL and CONVEY with Covenants of General Warranty of Title and English Covenants of Title unto Melvin D. Nowlin and Betty King Nowlin, husband and wife, an tenants: by the, entirety with the right of survivorshipas at common law, parties of the second part, all that certain lot or parcel of land, with the sppurte- nances'thereunto belonging, lying and being in the County of Roanoke, south of Glenvar and south of Roanoke River, containing 42 acres, more or less, and being described as follows, to -wit: 'SECINNING at the corner No. 3 of the original survey where 6 black oak pointer is called for, corner now to T. J. Winner; thence with the Wimmer line (the old Calls) N. 34' 45' E. 433 feet to where;a stake is called for S. 29' 15' E. from a'persimmon in a hollow; at 2; thence N. 72' 45' E. down the hollow, 363 feet to 3; thence N. 42' 15' E. 330 feet to 4; thence N. eee�o•. rewc•.nn. 59' 30' E. 373.9 'feet to a point in Lime Stone Branch C Feu••.wa•om• �ne•"m .• yw opposite a mulberry, tree, where two ash saplings were •••■ •••+� called for; at '5; thence up the branch as it meanders "" "' S. V 45' E. 462 feet to 6; thence S. 14' 15' W. 561 B od07S F=666 -2- feet to 7; thence S. 12°-15',E. 330 feet to 8; thence S. 40" 30' E. 322 feet to 9; thence S.-83° 30' E. 462 feet to 10; thence S. 76" 15' E. 400 fact to 11 (No. 5 of old survey, where a sugar maple tree was called for) now a stump N. 25°'E. 5 feet from a small poplar; thence leaving the branch for the Wimmer-line, and with the Nichols line, S. 34' W. (passing a marked hickory at 628 feet) in 1136 feet to a small hickory at 12, corner to the Manning tract; thence with the same N. 71' 30' W. 693 feet to ;a pipe at 13; thence a new line N. 17' 05' E. 352 feet to iron pin at 14; thence H. 14° 57' W. (passing north side of a white oak at 92 feet) in all 693 (erroneously called 655 in prior deed) feet to iron pin at 15; thence N. 63' 30' W. 638.5 feet to the BEGINNING. There is also conveyed herewith as being an appurte- nance to the above described property all right, title and interest that the parties of the first part have in and to that certain roadway leading from the termi- nation of the State secondary highway ;in a north and south direction as said roadway, was reserved in the deed from Edward Grisso to Madeline M. Thomas, dated- January 20, 1943, and recorded in the Clark's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 303, page 81; and BEING the same property conveyed by Edgar P. Journell, at ux, to Coy H. Gearheart and Gertrude G. Gearheart, husband and wife, as tenants by the entirety with the right of survivorship, by deed dated February 10, 19539 and recorded in the Clerk's office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 484, page 516, the said Gertrude G. Gearheart having died intestate on,November 15, 1958 and the said Coy H. Cearheart having died intestate on June 9, 1976, the said Dorothy G. Boardman, Sylvia G. Albert, Samuel C. Gearheart, Margaret G. Watson, Jimmy Ray Gearheart and David Wayne>Gearheart being the sole heirs at law of the said Coy H. Gearhoart. TO HAVE AND TO HOLD unto Melvin D. Nowlin and Betty King Nowlin, husband and wife, as tenants by the entirety with the right of survivorship, parties of the second ,part, his or her heirs and assigns forever in fee simple. This conveyance is made subject, however, to all uae,a�. n.ee mu.'restrictions, conditions, easements and reservations appearing fouma wesRu - •Tiou�1� ti YV .,..,..,.., of record which affect said property. I I BOOK1078 PAGE f]G6 -2- feet to 7; thence S. 12° 15' E. 330 feet to 8; thence S. 40° 30' E. 322 feet to 9; thence S. 83' 30' E. 462 feet to 10; thence S. 76° 15' E. 400 feet to 11 (No. 5 of old survey,where a sugar maple tree was called for) now a stump N. 25' E. 5 feet from a small poplar; thence leaving the branch for the Wimmer line, and with the Nichols line, S. 54' W. (passing a marked hickory at 628 feet) in 1136 feet to a small hickory at 12, corner to the Manning tract; thence with the same N. 71` 30' W. 693 feet to a pipe at 13; thence a new line N. 17' 05' E. 352 feet to iron pin at 14; thence N. 14° 57' W. (passing north side of a white oak at 92 feet) in all 693 (erroneously called 655 in prior deed) feet to iron pin at 15; thence N. 630 30' W. 638.5 feet to the BEGINNING. There is also conveyed herewith as being an appurte- nance to the above described property all right, title and interest that the parties of the first part have in and to that certain roadway leading from the termi- nation of the State secondary highway in a north and south direction as said roadway was reserved in the deed from Edward Grisso to Madeline M. Thomas, dated January 20, 1943, and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 303, page 81; and BEING the same property conveyed by Edgar P. Journell, ez ux, to Coy H. Gearheart and Gertrude G. Gearheart, husband and wife, as tenants by the entirety with the right of survivorship, by deed dated February 10, 1953, and recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 484, page 516, the said Gertrude G. Gearheart having died intestate on November 15, 1958 and the said Coy H. Gearheart having died intestate on June 9, 19762 the said Dorothy G. Boardman, Sylvia G. Albert, Samuel C. Gearheart, Margaret G. Watson, Jimmy Ray Gearheart and David Wayne Gearheart being the sole heirs at law of the said Coy H. Gearheart. TO HAVE AND 1D HOLD unto Melvin D. Nowlin and Betty King Nowlin, husband and wife, as tenants by the entirety with the right of survivorship, parties of the second part, his or her heirs and assigns forever in fee simple. This conveyance is made subject, however, to all 04- M. V1416 restrictions, conditions, easements and reservations appearing twMo..eeMMu� ,e..o..� u. MM.M.. of record which affect said property. uu.. M.. I I 1 [I V 000m.. FUN. MW, • ..µRt. Y4 3 Bood078 PAGE667 WITNESS the following signatures and seals: Dorothy G1 Boardman —{f. Svc.^ •t — (SEAL) S 0� I— (SEAL) Jon E. Albert dgg"C.4(SEAL) Samuel Gear eart Eo...r e (SEAL) SnLrley C. Gearheart �o^ q --,X. J-� .:,1 -79—(SEAL) . MargSret G. War /- d yy�L,1 (!.r h2a� Q e. Cocl (SEAL) imm y eart I./t...ed1 (SEAL) David Wayne Gear eart STATE OF DM.AWAREE�� ) COUNTY OF .Lr�1�C) To -wit: The foregoing deed was acknowledged before me this -!� day of tV(?2� 19770 byDorothy G./Booardmani divorced. Notary Pub c:, i:. My Commission Expires; �•��,•.F±, ` lZ • /9�a \\\\ar, ares. rur ♦\YII\ \ VO\9\V\ BoudU%S PA6EfS -q- STATE OF VIRG ) To -wit: --UTh. foregoing deed was acknowledged before me this -20-6 day of Z0)dVX Y , 1977, by Sylvia G. Albert and John E. Albert, her husband. , My Commission Expires; �I STATTE���pppO...F VIRGINIA ) I��� OF ) To -wit; ''The foregoing deed was acknowledged before me this .20tEIL day of 19770 by Samuel C. Gearheart and Shirley C. Gearheart, his wife, K. Notary Pu is S My Commission Expires: STATE OF VIRGINIA ) ) To -wit; OF The foregoing deed was acknowledged before me this .ZO' day of , 1977s by Margaret G. Watson, divorced. KI Notary Pu c My Commission Expires: I I E I i so. M I.M. rax. .... rooaxu. •emxx�n aur Mre.% VA. uur, w. -5_ Bood 078 PAGE 669 STATE OF MG) OF ) To -wit: �— The foregoing deed was acknowledged before me this day of (9 X, , 1977, by_Jimmy Ray Gearhear single. My Commission Expires; U STATE OF VIRGIN ) To -wit: OF ) he foregoing deed was acknowledged before me this 1'J day of , 1977, by David Wayne Gearheart, ,Aingle. My Commission Expires- 4 9, /ff/ State Tax 'a.tJ�e Clerks Ofttce of the IrMlt Court for the county of Roanoke, W. tris County Tax $ !9 day of I9 Ihis Instniment was prasen-eA, and Tr lnsicr Fee $ W'i lho Cen VI fackllOWicigment l7++.r9'o nnrexed, n?mil teJ to record at ':ierks fee j� .��_d/ o'e!dckF M. The taxes im{1osed by par. 53.54 and 58.54.1. c'wts $ of tr1i ceo.le have been paid. b 220A $ Teste: �/ _/_ ._✓, ,Y �� Torsi $7— Sy__�i��_ L�rvi Clerk - 120 W I B K 1 2 8 2 P 6 005 1 2 002806 DEL. JOLLY LAW FIRM THIS DEED, made and entered into this the 25th day of March , 1988, by and between WEST SALEM ASSOCIATES, a Virginia general partnership, party of the first part, and MELVIN D. NOWLIN and BETTY K. NOWLIN, husband and wife, or the survivor, parties of the second part, STEPHEN M. YOST, sole acting Trustee, party of the third part, and TAZEWELL NATIONAL BANK, Tazewell, Virginia, party of the fourth part. W I T N E S S E T H THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the parties of the second part unto the party of the first part, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party of the first part does hereby BARGAIN, SELL, GRANT and CONVEY unto Melvin D. Nowlin and Betty K. Nowlin, husband and wife, as tenants by the entireties with the right of survivorship as at common law, all that certain property situate in the County of Roanoke, Virginia, and being more particularly described as follows, to -wit: BEING all of Lots 12 and 13, as shown on plat of West Salem Forest, dated October 7, 1983, prepared by T. P. Parker &'Son, Engineers & Purveyors, Ltd., recorded in Plat Book 9, Page 278, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; and BEING a portion of the property conveyed unto West Salem Associates, a general partnership from Madeline M. Thomas, unmarried, at al, by deed dated July 6, 1981, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Hook 1177, Page 537. -1- BK 128PPG• 00513 _ TOGETHER WITH an easement for the purpose of ingress and egress to and from the aforesaid - property over an existing private road leading in a southeasterly direction from Virginia Secondary Route 646 to the hereinabove described property. This conveyance is made subject to all easements, restrictions, reservations and conditions of record affecting the hereinabove described property. WHEREAS, the party of the first part and the parties of the second part are adjoining owners of tracts of real property _ in Roanoke County, Virginia, of which a certain mutual boundary is in question; and _ WHEREAS, the party of the first part and the parties of the second part hereto have mutually agreed to establish a s mutual boundary by this deed. NOW, THEREFORE, IN CONSIDERATION of ONE DOLLAR ($1.00) - and other good and valuable consideration, the receipt and sufficiency of such is hereby acknowledged, the party of the first _ part hereby BARGAINS, GRANTS, SELLS and CONVEYS unto Melvin D. Nowlin and Betty K. Nowlin, husband and wife, as tenants by the entireties with the right of survivorship as at common law, any and - all interests it may have in the real property lying to the west - of the agreed boundary line,,hereina£ter described, and the parties of the second part as husband and wife and each in their J =r own right, hereby BARGAIN, GRANT, SELL and CONVEY unto the party of the first part, any and all interests they may have in the real property lying to the east of the agreed boundary line, said - boundary line being more particularly described as follows, to -wit: YCi ` -Z- B K 1 Z8Z F 8 -0051 4 BEGINNING at an old pin on the westerly boundary line of Lot 10, West Salem Forest, at its point of intersection with the southeasternmost point o£ Lot 2, West Salem Forest; thence S. 17' 41' 28" E. 91.84 feet to a pin set; thence S. 5' 45' 08" W. 63.22 feet to a pin set; thence S. 1' 05' 10" W. 11.93 feet to a pin set; thence S. 70' 42' 16" E. 43.96 feet to a pin set; thence S. 1' 59' 00" W. 385.75 feet to a pin set; as more particularly shown on that certain plat dated September 25, 1987, prepared by T. P. Parker & Son, Engineers & Surveyors, _ Ltd., attached hereto and made a part hereof. WHEREAS, by deed of trust dated April 30, 1986, and recorded in Deed Book 1236, Page 1565, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, the party of the first part did convey a large parcel of real property, a portion of which being the property described herein, to Stephen M. Yost and William C. Maxwell, Trustees, either of whom may act, in crust, to secure Tazewell National Bank, Tazewell, Virginia, certain indebtedness; and WHEREAS, the parties of the first and second part are desirous of obtaining a release of the lien of said deed of trust so securing Tazewell National Bank, Tazewell, Virginia, and which bank is willing to accede to such release. NOW, THEREFORE, IN CONSIDERATION of the premises and ONE DOLLAR ($1.00) cash in hand paid, the receipt whereof in r hereby acknowledged, the said party of the third part, as sole 4 acting Trustee, does, by and with the consent of Tazewell National Ba.k, Tazewell, Virginia, party of the fourth part, GRANT, CONVEY, z QUITCLAIM and RELEASE unto the parties of the second part, the BK 1282P'e 00515 aforesaid tracts described as Lots 12 and 13, West Salem Forest, and the parcel Lying immediately west of the mutually agreed boundary, as hereinabove described, free, clear and discharged from the lien of the deed of trust dated April 30, 1986, and recorded y in Roanoke County Deed Book 1236, Page 1565. But nothing herein contained, however, shall, in any way, otherwise affect or impair the lien of the aforesaid deed of cruet as to the remaining property conveyed intrust. WITNESS the following signatures and seals: WEST SALEM ASSOCIATES, a Virginia genera -tC\ershi r (SEAL) � n EAL) s ner a ` (SEAL) I Melvin Low in �i]s.LA., L. ii1-11 (SEAL) I Betty Nowlin JX4� � Z/J ==,7,,/-15 / 31. x. %.aia� (SEAL) I to en M. xozc, Trustee TAZEWELL NATIONAL BANK, TAZEWELL, " VIRGINT� By / (SEAL) It PREs/D NT STATE OF VIRGINIA ) )To -wit: CITY OF SALEM ) The foregoing instrument was acknowledged before me in gf. my aforesaid jurisdiction this 7th day of April 1988, 8d 1282 P© 00516 by G. R. SUITH. JR. and T. M. DUNKENBERGER , partners, on behalf of West Salem Associates, a Virginia general partnership. My commission expires October 28, 1991 / k NotaPublicy STATE OF VIRGINIA ) )To -wit: CITY OF SALEM ) The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this 7th day of April 1988, by MELVIN D. NOWLIN and BETTY K. NOWLIN, husband and wife. My commission expires October 28, 1991 Notary Public STATE OF VIRGINIA ) )To -wit; CITY OF SALEM ) The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this 7th day of April , 1988, by STEPHEN M. YOST, Sole Acting Trustee. My commission expires October ,,' LZi 28, 1991 ;7 -)/ _2 wr TN Notary Public -5- i 3 K 1 2B2 P G 0051 7 STATE OF VIRGINIA ) Aq� )To -wit: C.0OF ,-Z'd' s p" ) The foregoing instrument was acknowledged before me in my a oresaid jurisdiction this 4r� day of 7-y,4n,'/✓ 1988, by /. L✓+ �sa7�— oti b¢IiaLii,af Tazewell National Bank, Tazewell, Virginia. My commission expires rsc7 • /3� 151lU �, `J Pu lic DEED state Tax S c2S.,SZI in the Cferk's Ofnce of the Circuit Court for the t:s1ynty CouMyTax S PSD of Roanoke, Va., Iht TransferFea a Zday a,, this Ckrrk a sem- tnstrumont was presented, and with (he te`rt9khte of 038state s 3.0—� acknowledgment :hereto annexed, admitted to -�`� record a 2eDLogl S e 9'�iso'clockM, The taxes im Total $ . by Par. Tests. -W2 & d6 -802 of the xfe h— �a Taste. 6eert paw. By Ckuk Dep. Clark ,t �S -6- l BK 1282 PG 0051 LOT 2 PROPERTY OF MELVIN D.Pr BETTY K.NOWLIN C ILB. 10'78, PG. bro5 TAX NO. Co6.O0-2-a9 / 0.317 AC. BEING _CONVEYED TO / MELVIN D.1 eE7TY K. XV) NOLVLlN. NOT TOEIEi/ U5ED As A 95PARXMI �0 BUILDIAIG BECOMBINBO WITF✓ / TA% PARCEL 0. 43.00 A1 -2-3<i N 15'12'30'E i (/,LOT 911'41' 2Y E�I1.54' // 102 INEW LING9 —9 SO43OVW /!08.22' / TAX No. 46.00 2411 16t'O5'WW t t.93' Ef/ / 99`''r x•20• / 966-F 30� WEST SALEM FORE5'T / P5,01, Pit. 27f6 7i/ LOT I l TAIL 1.10.66.00-2-43.11 TNN SUBJECT FROPIRTY IB NOT MITaIN Tax LIMIT! OP TNR LOO YEAR FLOOD'BOUNOAAY AS BEGUN ON TBR "NA FLOOD BOUNDARY NAP. TRIS ORTRRIIINATSON IS BASED ON TEN FL000 BOUNDARY NAP AND am NOT SIRN VRRIFIRD ST ACTUAL rXELD NLRYATIONS. S R PARKER RURrBTOR / E.7LI8T1NG CIITYsurR NO, A 90' ROAIiWAY 420 01 / E49EM -Mr i a LAND Rpm / THIS PLAT I8 SUBJECT TO IMPORMATION •WHICH MAY BS / DIBCLO$SD BY A TITLE REPORT BY A LICENSED ATTORMRY. j� SURVEY FOR WE5T '5ALEM A550C I ATE5 OF A 0.31'7 AG. TRACT SITUATE OFF RTE. 4410 AND BEING A POI:TtON of LOTS IO I II, WEST SALEM FOREST, P. B. 9, PG. ZTB aE1NG [.oWVEVED TO MELVIN R S BETTY K. NOWLIN ROANOKE- COUNTY VIRGINIA TARNO. &5'00-2-48.10}43.11SCALE: .'x 50' N.R. 1314-14,eALC. CAP BY: T. P. PARKER & SON DAT11 SGPT 25 loom ENGINEERS A SURVEYORS . LTD. DRAW„ DAP CR'O. SALEM , VIRGINIA N.O. 81-IOa_r0 I D-3759 Pls • •wxr.A uww�+x e.rw.� _ p +r U9 U - O 02000CL ri` - N O CLU O i X N N N N 2 W d d Q H 0 0 0 F M: eP F S • r'r� U - O 02000CL N N O CLU O i X N N N N 2 W d d Q H 0 0 0 Q 4m �i'. U - O 02000CL N N O CLU O i X N N N N 2 W d d Q H 0 0 0 Q w 3 °3' s a C 0 O L 'o U t 0 Z N 0 O N (7 000 U ° N Q 000 N 0 0 0 N U Lt b C O p f�A Eo) mm m aiQ m N o N (h V V ZNNN N O m N 6 6 -999 ln0 N N N N O O O W Q Q.- 2000 i (l OXO O X N N N N (6 33ea"s 2 W d O d Q H 0 0 0 Q J apa ƒ / OE z \ 000 \\ / \ \ ) @§§§ o0NM e CU \ ƒ \ /� \\33 8 ) \\ A= 9 A -z R 0 0 \{ 2 3 S_ —( 6 6 6 0— o t } }� /ggg a 2 C jƒƒ< �) x 0 0 0 / 2 .§% . ?// ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 25, 2018 Ordinance approving and authorizing the execution of a Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a/ Cox Communications, Roanoke Mary Beth Nash Senior Assistant County Attorney APPROVED BY: Thomas C. Gates County Administrator ISSUE: This ordinance reflects the County's proposed ten-year franchise agreement with Cox for provision of cable services to citizens in the County. The governing bodies for the Town of Vinton and City of Roanoke are considering franchise agreements with Cox that contain the same terms. BACKGROUND: The existing cable franchise agreement was enacted in October 2003; it expires 31 October 2018. Since the enactment of the franchise agreement in 2003, the General Assembly has approved Ordinance Cable Franchises, as set forth in Title 15.2-2108.21 of the Code of Virginia, which establishes the criteria and procedures by which a provider of cable services may obtain permission to operate in the locality as an alternative to a negotiated cable franchise. Alternatively, local governments may continue to grant a negotiated cable franchise in accordance with Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 521 et seq., and as provided by State law. The County, the Town of Vinton and the City of Roanoke have been engaged in negotiations for the pending Cable Franchise Agreement for approximately eighteen months. Page 1 of 2 DISCUSSION: This proposed Franchise Agreement is for a term of ten years. Under the terms of the Agreement, Cox will continue to provide courtesy service to County buildings and schools. FISCAL IMPACT: In lieu of franchise fees previously imposed, Cox remits the Communications Sales and Use tax on its revenue to the Virginia Department of Taxation; a portion of the tax is disbursed monthly to the County. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the proposed ordinance and scheduling a public hearing and second reading for October 9, 2018. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE COUNTY OF ROANOKE, VIRGINIA AND COXCOM, INC., d/b/a COX COMMUNICATIONS, ROANOKE WHEREAS, by Agreement dated 1 November 2003, the County entered into a Cable Television Franchise Agreement for a term of 15 years with CoxCom, Inc. d/b/a Cox Communications Roanoke (hereinafter, "Cox"), which was authorized by Ordinance No. 102803-13; and WHEREAS, representatives of the County, along with representatives of Roanoke City and the Town of Vinton, have been renegotiating a renewal agreement with Cox; and WHEREAS, such negotiations have been completed and a Cable Television Franchise Agreement acceptable to the County of Roanoke, and also to the City of Roanoke and the Town of Vinton, has been reached, subject to approval by the Roanoke County Board of Supervisors and the respective governing bodies of the City and the Town; and WHEREAS, Cox is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, Cox remits taxes on its revenue to the Commonwealth consistent with the requirements of the Communications Sales and Use Tax, and such revenue is distributed to the County from the Commonwealth Department of Taxation; and Page 1 of 3 WHEREAS, the first reading of this ordinance and on the County's adoption of a revised Cable Television Franchise Ordinance was held on 25 September 2018, and the second reading and public hearing of this ordinance and the revised Cable Television Franchise Ordinance was held on 9 October 2018, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, the Board of Supervisors previously passed Ordinance 102803-12, on 28 October 2003, Providing for One or More Non -Exclusive Franchises to Construct, Operate and Maintain One or More Cable Television Systems within the County of Roanoke, and such Ordinance shall remain in effect with this renewed cable franchise agreement between Cox and the County. BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. The Board of Supervisors hereby approves the terms of the Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc. d/b/a/ Cox Communications, Roanoke, as of 1 November 2018, attached hereto. 2. The County Administrator is authorized to execute, on behalf of the County, a Cable Television Franchise Agreement by and between the County and CoxCom, Inc., d/b/a Cox Communications Roanoke in a form substantially similar to the one attached hereto, and in a form approved by the County Attorney. Such Agreement will provide for a term of ten years, from 1 November 2018 through 31 October 2028, courtesy basic cable service for government and school buildings, and such other terms and conditions as are deemed to be in the best interests of the County of Roanoke. Page 2 of 3 3. The County Administrator is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. This ordinance shall be in full force and effect from its passage. Page 3 of 3 CABLE TELEVISION FRANCHISE AGREEMENT by and between THE COUNTY OF ROANOKE, VIRGINIA, and COXCOM, LLC as of NOVEMBER 1, 2018 TABLE OF CONTENTS Section 1. DEFINITIONS -----------------------------------'2 Section 2. GRANT (}FAUTHORITY; LIMITS AND RESERVATIONS ............................... 2 2.[ Grant .................................................................................................................. 2 2.2. Construction of Agreement ................................................................................ 2 2.3. Police Powers ..................................................................................................... 3 Section 3. FRANCHISE EFFECTIVE DATE AND TERM ...................................................... 3 Section 4. INTERCONNECT .---------------------------------. 3 4.1. Interconnection Method ..................................................................................... 3 42 BG Interconnection 4 4.3. Interconnection Terms ........................................................................................ 4 Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION . -----------.4 5.1. Cable System Characteristics ............................................................................. 4 5.2. Technical Performance .----------------------------'7 5.3. Cable System Construction and Maintenance .................................................... 7 5.4. Emergency AJcd ---------------------------'g 5.5. Cable System Capability and Construction Terms ............................................. v 5.6. State o[the Art --------------------------------'g 5.7. Annual Technology Summit Meeting |O Section 6. PEG ACCESS .----------------------------------- 10 6.1. BG Channel ...................................................................................................... |O 62. EGOrigination -------------------------------.. || 6.3. (�ooicoi�(�on|ro� -'-c'--' ` �--------------------------� 13 | Section 7. CABLE SERVICE TO COUNTY FACILITIES.................................................... 14 7.1. Courtesy Service to Public Facilities................................................................ 14 7.2. Additional Facility Equipment and Wiring ...................................................... 14 7.3. Terms of Courtesy Cable Service..................................................................... 15 Section 8. EG ACCESS CAPITAL GRANT: COSTS............................................................. 15 8.1. EG Capital Fee................................................................................................. 15 8.2. EG Channel Use............................................................................................... 16 8.3. Costs Incidental To The Award Of The Franchise ........................................... 17 Section 9. CUSTOMER SERVICE.......................................................................................... 17 9.1. Customer Service Requirements...................................................................... 17 9.2. Customer Service Standards............................................................................. 17 9.3. Customer Privacy............................................................................................. 17 9.4. Customer Complaints....................................................................................... 17 9.5. Customer Service Terms.................................................................................. 19 Section 10. REPORTS AND RECORDS................................................................................... 19 10.1. Open Books and Records................................................................................. 19 10.2. Information Disclosure..................................................................................... 20 10.3. Reports and Records Terms............................................................................. 20 Section 11. COMMUNICATIONS SALES AND USE TAX .................................................... 20 11.1. Application of Tax............................................................................................ 20 11.2. Communications Sales and Use Tax Terms ..................................................... 20 Section 12. TRANSFER OF FRANCHISE................................................................................ 20 12.1. Approval Required........................................................................................... 20 12.2. No Consent Required....................................................................................... 21 12.3. Preservation of County's Rights....................................................................... 21 ii 12.4. Approval Does Not Constitute Waiver of Rights ............................................. 22 12.5. Transfer Terms................................................................................................. 22 Section 13. RENEWAL OF FRANCHISE................................................................................. 22 13.1. Federal Law...................................................................................................... 22 13.2. Needs Assessment............................................................................................ 22 13.3. Informal Renewal............................................................................................. 22 13.4. Consistent with Law......................................................................................... 23 13.5. Renewal of Franchise Terms............................................................................ 23 Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE ................................... 23 14.1. Notice of Violation........................................................................................... 23 14.2. Grantee's Right to Cure or Respond................................................................ 23 14.3. Quarterly Standards.......................................................................................... 23 14.4. Enforcement.....................................................................................................24 14.5. Liquidated Damages......................................................................................... 25 14.6. Waiver..............................................................................................................26 14.7. Single Violation................................................................................................ 26 14.8. Assessment of Liquidated Damages................................................................. 27 14.9. Letter of Credit................................................................................................. 28 14.10. Revocation........................................................................................................29 14.11. Enforcement or Termination of Franchise Terms ............................................ 30 Section 15. INSURANCE AND INDEMINIFICATION........................................................... 30 15.1. Insurance Coverage.......................................................................................... 30 15.2. Insurance Terms............................................................................................... 31 15.3. Indemnification Provisions............................................................................... 31 iii 15.4. Insurance and Indemnification Terms.............................................................. 33 Section 16. FORCE MAJEURE................................................................................................. 33 16.1. Force Majeure Definition................................................................................. 33 16.2. Force Majeure Conditions................................................................................ 34 Section 17. NON-DISCRIMINATION...................................................................................... 34 Section 18. MISCELLANEOUS PROVISIONS........................................................................ 34 18.1. Counterpart Copies........................................................................................... 34 18.2. Nonwaiver........................................................................................................34 18.3. Rights of Third Parties..................................................................................... 35 18.4. Forum Selection and Choice Of Law............................................................... 35 18.5. Captions and Headings..................................................................................... 35 18.6. Faith Based Organization................................................................................. 35 18.7. Notice...............................................................................................................35 18.8. Entire Agreement and Amendments................................................................ 37 18.9. Exhibits.............................................................................................................37 IV CABLE TELEVISION FRANCHISE AGREEMENT THIS AGREEMENT made and entered into as of this 1 st day of November, 2018, by and between the County of Roanoke, a Virginia political subdivision ("County" or "Grantor"), and CoxCom, LLC d/b/a Cox Communications Roanoke, a Delaware limited liability company ("Cox" or "Grantee"): WHEREAS the Grantee currently holds a cable television franchise granted by the County pursuant to a Cable TV Franchise Agreement by and between the County and the Grantee's predecessor in name and interest, dated November 1, 2003 ("Current Franchise"); and WHEREAS the Grantee has requested that the County renew or extend the cable television franchise the Grantee currently holds; and WHEREAS, on October 28, 2003, the Board of Supervisors adopted Ordinance No. 0- 102803-12 effective October 31, 2003 (the "Ordinance"), an ordinance repealing and superseding the County's Cable Television Ordinance No. 42391-15, adopted April 23, 1991; and WHEREAS the County and the Grantee have negotiated the terms of a renewal franchise pursuant to 47 U.S.C. §546(h); and WHEREAS the Board of Supervisors of Roanoke County, after holding a public hearing on the terms of the renewal franchise of which the public was afforded notice and at which the public was afforded opportunity to comment, adopted Ordinance No effective November 1, 2018, to grant a renewal of the Grantee's television franchise at a duly authorized and regular meeting, pursuant to the provisions of the Cable Act, County Charter, County ordinances, and the Virginia Code. Page 1 NOW THEREFORE in consideration of such grant of renewal of the cable franchise to the Grantee, the parties agree as follows: Section 1. DEFINITIONS. Unless otherwise defined in this Agreement, terms in this Agreement shall have the meaning given to them in the list of Definitions attached as Exhibit A. Terms not defined in this Agreement or Ordinance No. 0-102803-12 adopted on October 28, 2003, by the Board of Supervisors effective October 31, 2003 (the "Ordinance") shall have their common and ordinary meaning. Section 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS. 2.1. Grant. The County hereby grants to the Grantee a franchise to operate a cable system to provide cable service within the territorial limits of the County in accordance with the terms and conditions set forth below and in the Ordinance. The Grantee's Franchise Area shall be the territorial limits of the County. This Franchise is granted pursuant to the Ordinance, which, with any amendments thereto and including applicable definitions, is incorporated by reference herein. 2.2. Construction of Agreement. 2.2.1. The provisions of this Franchise shall be construed to effectuate their objectives. 2.2.2. In the event of a conflict between the Ordinance and this Agreement, this Agreement shall prevail. In the event a conflict does not exist between the Ordinance and this Agreement or the Agreement does not address an issue, then the terms and conditions of the Ordinance shall be applicable to the Grantee. In the case of a conflict between the Ordinance and Virginia Code Sections 15.2-2108.19, et seq., the Virginia Code shall prevail. Page 2 2.2.3. Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 U.S.C. § 545. 2.3. Police Powers. Except as otherwise provided in this Section 2.2, the Grantee's rights under this Franchise shall be subject to the lawful police powers of the County to adopt and enforce ordinances of general applicability necessary to protect and preserve the health, safety and welfare of the public. The Grantee shall comply with all applicable general laws and ordinances lawfully enacted by the County pursuant to such police powers. The County agrees that ordinances which it adopts that impact this Agreement must be enacted upon reasonable conditions and of a character appropriate to the public purpose justifying enactment. Nothing herein prohibits the Grantee from challenging any future ordinances enacted by the County as may be permitted under applicable law. Section 3. FRANCHISE EFFECTIVE DATE AND TERM. The effective date of the Franchise Agreement shall be November 1, 2018. The term of the Franchise shall be 10 years, commencing on November 1, 2018, and expiring at midnight on October 31, 2028, unless sooner terminated in accordance with Section 14.10 herein, or by other applicable law. Section 4. INTERCONNECT. 4.1. Interconnection Method. The Grantee shall design the Grantee's Cable System so that it is capable of interconnecting with other similar communications networks at suitable locations as determined by the Grantee. Interconnection capabilities shall be provided for the exchange of all EG signals designated in Section 6.1. Interconnection of systems may be made by direct fiber connection or other appropriate methods. Such interconnection shall preserve the quality of the EG signals so that there is no significant degradation Page 3 between the signals as received by the Grantee and the signals as transmitted to the interconnecting system. 4.2. EG Interconnection. At the request of the County, the Grantee shall, to the extent permitted by applicable law and its contractual obligations to third parties, use every reasonable effort to negotiate an interconnection agreement with any other Cable System in the County for the EG channels. The Grantee will continue to interconnect with any other franchised cable operator that is operating in the County as of the Effective Date. Nothing in this Agreement shall determine the extent to which the Grantee or the interconnecting system shall bear the costs of interconnection. 4.3. Interconnection Terms. The provisions in this Section 4 shall satisfy the requirements in Section 8(b) of the Ordinance. Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION. 5.1. Cable System Characteristics. The Grantee's Cable System shall meet or exceed the following requirements: 5.1.1. The Cable System shall be designed with an initial analog and digital carrier passband between 50 and 750 MHz. 5.1.2. The Cable System shall be designed to be an active two-way plant for subscriber interaction, if any, required for selection or use of Cable Service. 5.1.3. Modern design utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of the Agreement. 5.1.4. Protection against outages due to power failures, so that back-up power is available at a minimum for at least 24 hours at the headend, and conforming to industry Page 4 standards, but in no event rated for less than four hours, at each node. Such standby power supplies shall cut in automatically on failure of commercial utility AC power, and revert automatically to commercial power when it is restored. 5.1.5. Facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Section 5.1.18. 5.1.6. Facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time. 5.1.7. All facilities and equipment designed to be capable of continuous twenty-four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event. 5.1.8. All facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off -the -air signals by a subscriber. 5.1.9. All facilities and equipment designed, built and operated in compliance with all applicable safety codes. 5.1.10. Sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Grantee to comply with applicable law and its obligations under this Agreement, including applicable customer service standards. 5.1.11. All facilities and equipment required to properly test the Cable System in accordance with applicable law, conduct an ongoing and active program of preventive Page 5 maintenance and quality control, and to be able to quickly respond to customer complaints and resolve system problems. 5.1.12. Design capable of interconnecting with other similar communications networks in the Franchise Area as set forth in Section 4 of this Agreement. 5.1.13. Facilities and equipment at the headend shall allow Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration in the content and functionalities associated with the signal. For example, the headend should include equipment that will transmit color video signals received at the headend in color, stereo audio signals received at the headend in stereo, and a signal received with a secondary audio track with both audio tracks. Similarly, all closed -captioned programming retransmitted over the Cable System shall include the closed -captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning. 5.1.14. Shall be capable of transmitting in high definition any Channels that are received in high definition format. Actual carriage of any such high definition Channels will be at the Grantee's sole discretion. 5.1.15. Shall offer parental control options, which will at a minimum offer as an option that a Person ordering programming must provide a personal identification number or other means provided by Grantee only to a Subscriber. Provided, however, that Grantee shall bear no responsibility for the exercise of parental controls and shall incur no liability under this Agreement for any Subscriber's or viewer's exercise or failure to exercise such controls. 5.1.16. The provision of additional channels, channel capacity, and/or upgrades of any kind to the Cable System is solely within the control and discretion of the Grantee. Page 6 5.1.17. With the exception of any EG Channels, all content and programming of Cable Services, including the mix, level, and/or quality of such content and programming, remains in the sole discretion of the Grantee. 5.1.18. The Cable System must conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and shall conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted and applicable industry procedures: 5.1.18.1. Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.18.2. National Electrical Code; 5.1.18.3. National Electrical Safety Code; 5.1.18.4. Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.18.5. Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.18.6. The Virginia Uniform Statewide Building Code. 5.2. Technical Performance. The Cable System shall meet or exceed applicable FCC's technical standards (Subpart K of Part 76 of the FCC's Rules). 5.3. Cable Svstem Construction and Maintenance. 5.3.1. The County shall have the right to inspect all construction or installation work performed by a Grantee within the Service Area, and to make such inspections as the County deems necessary to ensure compliance with the terms of the Ordinance and this Agreement, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground Page 7 conduits, or other wire or cable -holding structures shall be erected by a Grantee without prior approval of the County or its duly authorized personnel, or, unless such consent is not required by applicable law, by abutting property owners where the County does not own, or hold some other right of way property interests in, the area in which such structures are to be erected. To the extent possible, a Grantee shall use existing poles and underground conduits throughout the County. Any poles, underground conduits or other fixtures that a Grantee is authorized by the County to install must be placed in a manner so that they do not interfere with or obstruct the usual travel on the public Streets or interfere with any existing utility services. All construction activities of a Grantee shall be conducted in a workmanlike manner that will cause minimum interference with the rights and reasonable convenience of the public's and other utilities' use of the Streets and of the property owners directly affected thereby. Every Grantee shall maintain all structures, cable and related Cable System equipment that are located in, over, under, and upon the Streets in a safe, suitable, substantial condition and in good order and repair at all times. All construction, installation and repair by a Grantee shall be effectuated in a manner that is consistent with the FCC's rules, relevant local building codes, zoning ordinances and laws, all County and other governmental laws, codes or ordinances relating to public works or the Streets, and other regulatory requirements, the National Electrical Safety Code, and other standards of general applicability to Cable Systems. No Grantee shall commence any construction without obtaining all local zoning and other approvals, permits and other licenses generally applicable to other entities performing such construction, and paying all costs and fees normally imposed or charged therefor. Whenever electric utilities and telecommunications facilities are located underground within a public way of the County, Grantee with permission to occupy the same public way must also locate its facilities underground. Page 8 5.3.2. A Grantee shall be required to extend energized trunk cable and make Cable Service available to any and all portions of the County within the limits of its defined Service Area with a density of at least twenty (20) Homes per linear mile for aerial installations and thirty (30) Homes per linear mile for underground installations. For purposes of calculating this density requirement, all Homes within one hundred fifty (15 0) feet of any Street or other right- of-way suitable for cable trunk installation shall be counted in density determinations, and shall be considered as satisfying the 20 or 30 Homes- per -mile density requirement, as appropriate. In the event that the owner of any Home or other structure within a Grantee's Service Area not meeting the density requirement is willing to agree in writing to pay the excess cost of extending Cable Service to that location, then a Grantee so requested by such owner shall provide Cable Service to such Home or other structure. 5.4. Emergency Alert System. Grantee shall comply with the Emergency Alert System ("EAS") Federal Emergency Alert System regulations, 47 C.F.R. §76 Part 1. 5.5. Cable System Capability and Construction Terms. The provisions in this Section 5 shall satisfy the requirements in Sections 12(a), 12(c) 12(e), and 13 of the Ordinance. 5.6. State of the Art. Throughout the term of this Franchise, Grantee shall maintain and upgrade the Cable System and the technical performance of the Cable System so as to keep pace with the developments in the State -of -the -Art as defined herein. For purposes of this subsection, "State -of -the -Art" means that level of technical performance or capacity, service or cable system plant, for which there is a reasonable demonstrated market demand and which has been demonstrated by existing cable system operators and reputable equipment suppliers to be workable in the field, but not exceeding that level of technical performance or capacity which has been Page 9 installed and is operating at the time in at least two (2) other cable systems of comparable or smaller size owned and operated by Grantee or an affiliate of Grantee. 5.7. Annual Technology Summit Meeting. The Committee may request a meeting once per year with the Grantee to discuss new and upcoming technology and the developments in the State - of -the -Art related to the Cable System, and the plans the Grantee has for bringing such technology to the Grantee's Service Area. Upon the request of the Committee for such meeting, Grantee shall schedule the meeting within 30 days of such request. Section 6. PEG ACCESS. 6.1. EG Channel. 6.1.1. Except as otherwise provided herein, Grantee shall provide any EG Channel(s) as part of Basic Cable Service throughout the life of the Franchise. If there is no Basic Cable Service, Grantee shall provide the EG Channels as part of the service provided to every Subscriber, at no additional charge to Subscribers for the EG Channels. 6.1.2. The Grantee shall initially provide one (1) standard definition downstream EG Channel ("Initial EG Channel"). Upon request by the Roanoke Valley Regional Cable Television Committee ("Committee"), the Grantee shall provide a second standard definition EG Channel ("Second EG Channel") upon a showing by the Committee that the then -existing EG Channel is being used to air at least forty (40) hours of original, locally -produced programming per week (not including bulletin board -style programming). The Grantee shall provide the Second EG Channel within one hundred twenty (120) days after written request by the Committee. 6.1.3. The Grantee shall not arbitrarily or capriciously change the EG Channel assignment(s), and the Grantee shall take reasonable steps to minimize the number of such Page 10 changes. The Grantee may change the EG Channel assignment(s) as it deems appropriate so long as it provides at least thirty (30) days prior written notice to the County, and reimburses the County for the reasonable costs including, but not limited to, logo modifications, stationery, promotion, and advertising, not to exceed $2,500 per channel change. 6.1.4. Use of the EG Channels shall be to air non-commercial EG access programming and any other non-commercial programming, consistent with Section 611 of the Cable Act (47 U.S.C. §531) at the Committee's sole discretion. The Grantee shall not charge the County, City, Town or any other authorized user of the EG Channel(s) for the use of such channels. 6.1.5. No control over EG access program content shall be exercised by the Grantee except to enforce the limitations on commercial use described herein or as otherwise permitted by the FCC and other federal, state, and local laws. 6.1.6. The Grantee may use the EG Channels for any lawful purpose during such periods as they are not being used for EG access purposes, provided that EG access use shall have priority at all times. 6.2. EG Origination. 6.2.1. The Parties hereby acknowledge that the EG origination locations currently consist of twenty-four (24) facilities listed in Exhibit B that have analog transport capabilities between these facilities and Grantee's headend ("Analog Feeds"), and that the Grantee provides an analog audio/video switch that selects among these Analog Feeds to be placed on the designated downstream EG Access channels on the subscriber distribution network. The Grantee shall maintain this existing analog EG functionality until such time as the transition from analog to digital transport specified in Sections 6.2.2 or 6.2.3 is complete ("Transport Upgrade"). Page 11 Upon completion of the Transport Upgrade, the Grantee's obligation to maintain the current system identified in this Section 6.2.1 shall cease. 6.2.2. Within two (2) years of the Effective Date, the Committee may provide the Grantee written notice that EG Channels' analog video production facilities are upgraded to digitally -based video production facilities at Roanoke Valley TV, 541 Luck Avenue, SW, Roanoke, VA, 24016 ("RVTV"), and to upgrade the analog EG transport to a digital transport between RVTV and the Grantee's headend. Upon such notice the Grantee shall upgrade the EG transport to a digital transport within one hundred twenty (120) days at RVTV's expense. The Grantee shall coordinate with RVTV to minimize the transport interruption during the upgrade process. 6.2.3. Should the transition specified in Section 6.2.2 fail to take place within two (2) years of the Effective Date, then the Grantee shall upgrade the EG transport between RVTV and its headend to a digital transport within one hundred twenty (120) days at RVTV's expense. The Grantee shall coordinate with RVTV to minimize the transport interruption during the upgrade process. 6.2.4. Grantee shall provide without charge the Transport Upgrade by means of dedicated, fully fiber optic links between its headend and RVTV so that signals can be generated at RVTV and be routed onto an appropriate EG channel. Such signal transport provided by the Grantee shall include all equipment necessary for amplification, optical conversion, receiving, transmitting, switching, and headend processing of upstream EG signals from RVTV and the placement of these EG signals onto an appropriate EG channel. Notwithstanding the foregoing, all such equipment, including but not limited to the fiber electronics at RVTV, shall be installed, repaired, and maintained in good working order by the Grantee on the Grantee's side of the Page 12 Demarcation Point, provided, however, that the Grantee shall not be responsible for the cost of repairing any damage caused by RVTV or its agents or invitees. Grantee's obligation with respect to such signal transport shall be dependent on RVTV providing the Grantee, without charge, with such space, electrical power supply, access, and other facilities and cooperation as shall be necessary to allow the Grantee to fulfill its duties under this Franchise with respect to such signal transport. The dedicated channels may be multiplexed into backbone fiber rings at the hub or node nearest to the origination site for return to the headend. 6.2.5. RVTV shall be solely responsible for all personnel, equipment, and maintenance on RVTV's side of the Demarcation Point. 6.2.6. Upon completion of the Transport Upgrade and at RVTV's expense, the Grantee shall replace the analog audio/video switch identified in Section 6.2.1 with an optical combiner that will route any digital optical signals originated from the optional sites identified in Exhibit C ("RVTV Remote Sites") to RVTV by multiplexing the optical signals onto a single fiber optic link. The Grantee shall maintain, at RVTV's expense, the fiber optic links between the RVTV Remote Sites and the its headend, the optical combiner and multiplexer located at its headend, and the fiber optic link from its headend to RVTV. 6.2.7. RVTV shall be solely responsible for any personnel, equipment, and maintenance required to originate an optical signal at an RVTV Remote Site and to receive such optical signal(s) at RVTV. 6.3. Program Content; Control. No control over PEG access program content shall be exercised by the Grantee except to enforce the limitations on commercial use described herein or as otherwise permitted by the FCC and other federal, state, and local laws. Page 13 6.4. Alternate Use. The Grantee may use the PEG Access channels for any lawful purpose during such periods as they are not being used for PEG Access purposes, provided that EG Access use shall have priority at all times. Section 7. CABLE SERVICE TO COUNTY FACILITIES. 7.1. Courtesy Service to Public Facilities. The Grantee will provide the following, at no charge, at each fire station, public school, police station, public library, and such County facilities used for public purposes, which facilities are listed in Exhibit D, attached hereto, and for which the Grantee is provided access without charge, as may be designated by the County; or any newly constructed or acquired government building that may be designated by the County (collectively, "Additional Buildings"), so long as such Additional Buildings do not exceed ten (10) during the term of the Agreement; provided, however, that if it is necessary to extend the Grantee's trunk or feeder lines more than 150 feet solely to provide service to any such school or public building, the County shall have the option of paying the lower of any contract the Grantee may have with the County for such services or the Grantee's commercial charges for such extension in excess of 150 feet itself, or of releasing the Grantee from or postponing the Grantee's obligation to provide service to such building: 7.1.1. one Cable Service drop; 7.1.2. one Cable Service converter or digital transport adapter per site (if necessary to receive the programming specified in Section 7.1.3; and 7.1.3. Basic Cable Service and the most highly subscribed tier of non -basic service (not including any video programming offered on a per channel or per program basis). 7.2. Additional Facility Equipment and Wiring Page 14 7.2.1. The County shall be responsible for the cost of new or replacement converters or digital transport adapters that are in addition to those required in 7.1.2 and any "terminal equipment," including TV monitors, VCRs, and/or computers. 7.2.2. The cost of inside wiring, additional drops or outlets, and additional or replacement converters or digital transport adapters requested by the County within these specified facilities, including those drops or outlets in excess of those currently installed, are the responsibility of the County. The Grantee shall not be responsible for any violations of FCC technical standards on the County's side of the Demarcation Point. After reasonable notice under the circumstances, the Grantee may temporarily disconnect its service to a County site that does not correct such violations of FCC technical standards until such time as such violations are corrected. 7.2.3. Subject to the limitations set forth in this Section 7, whenever required by changes in the Grantee's technology, the Grantee shall upgrade all equipment provided at the Grantee's expense pursuant to this Section 7, in order to ensure that the County can continue to receive the services offered by the Grantee to the County pursuant to this Franchise Agreement. 7.3. Terms of Courtesy Cable Service. The provisions in this Section 7 shall satisfy the requirements in Section 10(d) of the Ordinance. Section 8. EG ACCESS CAPITAL GRANT: COSTS. 8.1. EG Capital Fee. The County may by ordinance or resolution impose on the Grantee an EG Capital Fee payable to the County on a quarterly basis (the "EG Capital Fee"), in an amount not to exceed twenty cents ($0.20) per month for each Subscriber in the Service Area that receives the Grantee's Basic Service Tier, so long as such requirement applies equally to all franchised cable operators in the County. If so imposed, the EG Capital Fee Page 15 shall be delivered to the County within forty-five (45) days following the end of each calendar quarter during the Franchise Term. The EG Capital Fee shall be used by the County to support the capital costs of EG Access Channel facilities consistent with the Communications Act (47 U.S.C. § 542). 8.1.1. If the initial EG Capital Fee shall be less than an amount equal to twenty cents ($0.20) per month for each Subscriber in the Service Area to the Grantee's Basic Service Tier, the EG Capital Fee may be uniformly increased for the County cable grantees by ordinance or resolution of the Board of Supervisors not more than once each year commencing after the first anniversary of the Effective Date of this Agreement by an amount not to exceed six cents ($0.06), but under no circumstances shall the monthly per -Subscriber fee exceed twenty cents ($0.20) per month for each Subscriber in the Service Area that receives the Grantee's Basic Service Tier. 8.1.2. The County shall provide the Grantee with thirty (30) days advance notice of any public hearing or meeting where an increase will be considered or voted on by the Board of Supervisors. The County shall forward to the Grantee a copy of the adopted ordinance or resolution that authorizes an increase in the EG Capital Fee and establishes the effective date of the increase. The Grantee shall have not less than ninety (90) days to implement the EG Capital Fee increase. 8.1.3. To the extent permitted by law, the Grantee may recover from Subscribers the costs of an EG Capital Fee or any other costs arising from the provision of EG services and shall be allowed to include such costs as a separately billed line item on each Subscriber's bill. 8.2. EG Channel Use. The County shall not sell time on the EG Channels, nor allow any third party to do so, nor shall any channel be leased at any price to any third party. The County Page 16 may allow programmers on the EG Channels to seek support for their programming consistent with the "Funding Standards and Practices" of the Public Broadcasting System (found at: http://www.pbs.org/producers/guidelines/) as they exist on the Effective Date of this Agreement. 8.3. Costs Incidental To The Award Of The Franchise. Grantee shall reimburse the County for advertising expenses incurred in the franchising process. Section 9. CUSTOMER SERVICE. 9.1. Customer Service Requirements. The Grantee shall comply with the customer service requirements imposed by the FCC pursuant to 47 U.S.C. § 552, as it may be amended from time to time. The County may impose additional customer service requirements that exceed the requirements established by the Federal Communications Commission under 47 U.S.C. § 552(b) by ordinance after a public hearing, but these additional requirements shall (i) not be designed so that Grantee cannot also comply with any other customer service requirements under state or federal law or regulation applicable to the Grantee in its provision of other services over the same network used to provide cable service, (ii) be no more stringent than the customer service requirements applied to other cable operators in the County, and (iii) be reasonably tailored to achieve appropriate customer service goals based on the technology used by the Grantee to provide cable service. 9.2. Customer Service Standards. The Grantee shall comply with the provisions of 47 C.F.R §76.309, as it may be amended from time to time. 9.3. Customer Privacy. Grantee shall at all times comply with 47 U.S.C. §551 with regard to the protection of Subscriber privacy. 9.4. Customer Complaints. Page 17 9.4.1. Complaint Procedure: The Grantee shall establish a clear procedure for resolving a Cable Service complaint ("Complaint(s)") filed by any interested party, providing that Complaints may be made orally or in writing, at the complainant's option. Such procedures shall be well-publicized. At least thirty (30) days before the Grantee announces any changes to such procedures, the Grantee shall notify the Committee of the changes and offer the Committee the opportunity to comment on the changes. 9.4.2. Referred Complaints: The Grantee shall promptly investigate Complaints that are referred to the Grantee by the Committee ("Referred Complaints"). The Grantee shall report to the Committee regarding each Referred Complaint within five (5) business days, stating whether the matter has been resolved and how it was resolved; if the matter remains unresolved, the Grantee shall describe the actions taken to date, the reason or reasons the matter has not been resolved, the actions the Grantee believes remain to be taken to achieve resolution, and an estimated date for such resolution. Notwithstanding the foregoing, Grantee shall not be required to provide "personally identifiable information" except as permitted by 47 U.S.C. § 551 and regulations promulgated thereunder, or other applicable provision of federal law, provided however that if compliance with such laws and regulations prohibits disclosure of information necessary for the Grantee to report to the Committee as required by the preceding sentence, the Grantee shall explain to the Committee in writing why the Grantee cannot comply, including references to the applicable statutes or regulations, and the parties shall discuss alternative means for informing the Committee regarding the resolution of the Referred Complaint, including, without limitation, obtaining the consent of the Subscriber for any necessary disclosures. 9.4.3. Escalated Complaints: The Grantee shall keep a written record or log of Escalated Complaints received regarding quality of service, equipment malfunctions, billing Page 18 procedure, employee attitude and similar matters. Upon request by the Committee, and not more than once a year, the Grantee shall provide such log of Escalated Complaints to the Committee. An "Escalated Complaint" is any Complaint received by the Grantee that has been submitted to a state regulatory agency, any of the Grantee's corporate offices or individual employees other than a customer service call center, and/or the Better Business Bureau. These records shall be maintained for a period of five (5) years. The record shall contain the following information for each complaint received: (1) Date, time and nature of the complaint; (2) Name, address and telephone number of the person complaining; (3) Investigation of the complaint; (4) Manner and time of resolution of the complaint; and (5) If the complaint regards equipment malfunction or the quality of reception, a report indicating corrective steps taken, with the nature of the problem stated. Before delivering its complaint log, a Grantee may redact the log as required to conform to the provisions of applicable federal and state privacy protection laws. 9.5. Customer Service Terms. The provisions in this Section 9 shall satisfy the requirements in Section 10(b), 10(c), 10(h), 10(1) through 10(n), and 10(p) through 10(r) of the Ordinance. Section 10. REPORTS AND RECORDS. 10.1. Open Books and Records. Upon not less than thirty (30) days written notice to the Grantee, and no more frequently than once every twenty-four (24) months, the County shall have the right to inspect the Grantee's books and records pertaining to Grantee's provision of Cable Service in the Service Area at any time during Normal Business Hours Page 19 at a reasonable time as determined by the parties, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Grantee may organize the necessary books and records for appropriate access by the County. Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than five (5) years. 10.2. Information Disclosure. Notwithstanding anything to the contrary set forth herein, Grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, or to disclose any of its or its affiliates books and records not relating to the provision of Cable Service in the Service Area. Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 10.3. Reports and Records Terms. The provisions in this Section 10 shall satisfy the requirements in Sections 5(g)(vii), 11, and 18 of the Ordinance. Section 11. COMMUNICATIONS SALES AND USE TAX. 11.1. Application of Tax. The parties shall comply with all applicable requirements of the provisions of Section 58.1-645 of the Code of Virginia (the "Communications Sales and Use Tax") in its current form and as it may be amended. 11.2. Communications Sales and Use Tax Terms. The provisions in this Section 11 shall satisfy the requirements in Sections 6 and 17 of the Ordinance. Section 12. TRANSFER OF FRANCHISE 12.1. Approval Required. No Transfer of the Franchise shall occur without the prior consent of the Board, provided that such consent shall not be unreasonably withheld, delayed or Page 20 conditioned. No application for the approval of a Transfer shall be approved by the Board unless the transferee agrees in writing that it will abide by and accept all terms of this agreement, and that it will assume the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under this agreement, for all purposes, including renewal, unless the Board, in its discretion, expressly waives all or part of this requirement. 12.2. No Consent Required. No such consent shall be required, however, for transactions excluded under the definition of a Transfer of the Franchise. Transfer of the Franchise shall be defined herein as it is defined in the Code of Virginia § 15.2-2108.19, meaning any transaction in which (i) an ownership or other interest in the Grantee is transferred, directly or indirectly, from one person or group of persons to another person or group of persons, so that majority control of the Grantee is transferred; or (ii) the rights and obligations held by the Grantee under the Franchise are transferred or assigned to another person or group of persons. However, notwithstanding clauses (i) and (ii) of the preceding sentence, a transfer of the cable franchise shall not include (a) transfer of an ownership or other interest in the Grantee to the parent of the Grantee or to another affiliate of the Grantee; (b) transfer of an interest in the cable franchise granted under this article or the rights held by the Grantee under the Franchise to the parent of the Grantee or to another affiliate of the Grantee; (c) any action that is the result of a merger of the parent of the Grantee; (d) any action that is the result of a merger of another affiliate of the Grantee; (e) a transfer in trust, by mortgage, or by assignment of any rights, title, or interest of the Grantee in the Franchise or the Cable System used to provide Cable Services in order to secure indebtedness. 12.3. Preservation of County's Rights. In the case of any Transfer, regardless of whether consent of the Board is required, the transferee shall assume the obligations, liabilities and Page 21 responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under this agreement, for all purposes, including renewal, and agree to be bound by the terms of this Franchise. 12.4. Approval Does Not Constitute Waiver of Rights. Approval by the Board of a Transfer, or consummation of a Transfer permitted by Section 12.2, does not constitute a waiver or release of any of the rights of the Board under this agreement against the transferor franchisee, whether arising before or after the date of the Transfer. 12.5. Transfer Terms. The provisions in this Section 12 shall satisfy the requirements in Sections 4, 15, and 21 of the Ordinance. Section 13. RENEWAL OF FRANCHISE. 13.1. Federal Law. The County and Grantee agree that any proceedings undertaken by the County that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Communications Act, 47 U.S.C. § 546. 13.2. Needs Assessment. The County agrees that if the County issues a request for a proposal under 47 U.S.C. § 546(b), the County shall provide the Grantee with copies of any assessments of future cable -related needs and interests or the past performance of the Grantee that were relied upon by the County in preparing the request for proposal. 13.3. Informal Renewal. Notwithstanding anything to the contrary set forth herein, Grantee and the County agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the County and Grantee may agree to undertake and finalize informal negotiations pursuant to 47 U.S.C. §546(h) regarding renewal of the then current Franchise and the County may grant a renewal thereof. Page 22 13.4. Consistent with Law. Grantee and the County consider the terms set forth in this Article 12 to be consistent with the express provisions of 47 U.S.C. § 546 and Virginia Code Section 15.2-2108.30. 13.5. Renewal of Franchise Terms. The provisions in this Section 13 shall satisfy the requirements in Sections 4, and 21 of the Ordinance. Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE 14.1. Notice of Violation. If at any time the County believes that Grantee has not complied with the terms of the Franchise, the County shall make a good faith effort to informally discuss the matter with Grantee. 14.2. Grantee's Right to Cure or Respond Before seeking enforcement of the Franchise, the County shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the "Noncompliance Notice"). Grantee shall have fifteen (15) business days from receipt of the Noncompliance Notice to: (i) respond to the County, if Grantee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such fifteen (15) day period, initiate reasonable steps to remedy such noncompliance and notify the County of the steps being taken and the date by which cure is projected to be completed. Upon cure of any noncompliance, County shall provide written confirmation that such cure has been effected. The foregoing 15 -day cure period shall not apply to customer service obligations measured on a quarterly basis ("Quarterly Standards"), which shall be governed by Section 14.3. 14.3. Quarterly Standards. Upon written request from the County, no later than thirty (30) days after the end of each calendar quarter, the Grantee shall provide the County a written Page 23 report demonstrating the Grantee's level of compliance with each of the Quarterly Standards. If the Grantee fails to meet any Quarterly Standard in a calendar quarter, the County shall have the right to begin the process of assessing liquidated damages pursuant to Section 14.4.4 by sending a Noncompliance Notice notifying the Grantee that the Grantee failed to comply with the Quarterly Standard in question, in order to inform the Grantee that the Grantee is not in compliance with such Quarterly Standard. Receipt of the Noncompliance Notice shall be deemed opportunity to cure. Upon submitting any report to the County that demonstrates that the Grantee has not complied with a Quarterly Standard, or within fifteen (15) days after receipt of a Noncompliance Notice, the Grantee may submit information to the County describing any extenuating circumstances related to any such noncompliance, and may request that the County waive liquidated damages, as provided in Section 14.6. If the Grantee fails to meet the same Quarterly Standard in the immediately succeeding calendar quarter, the County shall have the right to assess liquidated damages pursuant to Section 14.4.4 by sending a Notice of Assessment in accordance with Section 14.8. 14.4. Enforcement. Subject to applicable federal and state law and the terms and conditions of this Agreement, including Section 14.3, the County may apply one or more of the following remedies if the County determines that Grantee is in default of any provision of this Franchise: 14.4.1. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or [IN 14.4.2. Commence an action at law for monetary damages or seek other equitable relief, Page 24 14.4.3. In the case of a default of a material provision of the Franchise, seek to revoke the Franchise in accordance with Section 14.10; or 14.4.4. Assess and collect liquidated damages as set forth in Section 14.5 of this Agreement; or 14.4.5. Apply any other remedy provided for in this Agreement or applicable federal, state or local laws. 14.5. Liquidated Damages. Because the Grantee's failure to comply with provisions of this Franchise may result in injury to the County, because it may be difficult to quantify the extent of such injury, and in full satisfaction for the term of this Agreement of the obligations set forth in this Agreement, the County and the Grantee agree that, subject to the procedures in Section 14.8, liquidated damages as set forth herein may be assessable against the Grantee for certain violations of provisions of this Franchise. On an annual basis from the Effective Date of this Franchise, liquidated damages in total will not exceed ten thousand dollars ($10,000). The Grantee hereby waives any defense as to the validity of any liquidated damages stated in this Franchise Agreement on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. The liquidated damages shall not apply when caused by Force Majeure events and shall only apply from the date of the Notice of Assessment as provided for in Section 14.8. 14.5.1. Failure to materially comply with requirements related to (i) the technical quality and reliability of the PEG channels, including without limitation downstream signal quality and reliability of return feeds from PEG origination sites to the headend, and (ii) provision of channel capacity for use as PEG channels: Three hundred dollars ($300) for each violation for each day the violation continues. Page 25 14.5.2. Failure to comply with Customer Service Standards set forth in Section 9 of this Agreement, other than Quarterly Standards: One hundred dollars ($100) for the first violation; two hundred fifty dollars ($250) for any violation within 12 months after the first violation; and five hundred dollars ($500) for any violation within 12 months after the second or any subsequent violation. Liquidated damages shall not be paid where the Subscriber is otherwise compensated by Grantee for the alleged non-compliance. 14.5.3. For violation of a Quarterly Standard: One thousand five hundred dollars ($1500); 14.5.4. For violation of applicable FCC technical standards: Two hundred fifty dollars ($250) per day for each for each day the violation continues; 14.5.5. For failure to file, obtain, maintain or replenish the letter of credit in a timely fashion: two hundred fifty dollars ($250) per day for each day the violation continues; and 14.5.6. For failure to comply with Section 7.1 (Courtesy Service to Public Facilities): Two hundred fifty dollars ($250) per day for each day the violation continues; 14.5.7. For failure to comply with Section 5.1 (Cable System Characteristics): One Hundred dollars ($100) per day for each day the violation continues; and 14.5.8. For a Transfer without approval as specified in Section 12: Five Hundred dollars ($500) per day for each day the violation continues. 14.6. Waiver. The County may reduce or waive any of the above -listed liquidated damages if the County determines that such waiver is in the best interests of the County. 14.7. Single Violation. For purposes of any liquidated damages assessments, all similar violations or failures from the same factual events affecting multiple Subscribers shall be Page 26 assessed as a single violation, and a violation or a failure may only be assessed under any single one of the above -referenced categories. 14.8. Assessment of Liquidated Damages. In order to assess the liquidated damages set forth herein, the County, following provision to the Grantee of a written Noncompliance Notice as set forth in Section 14.2 and the expiration of applicable cure periods, shall issue to the Grantee, by certified mail or other comparable means, a notice of intention to assess liquidated damages ("Notice of Assessment"). The Notice of Assessment shall set forth the basis of the assessment, and shall inform the Grantee that liquidated damages will be assessed from the date of the notice. Unless the County indicates to the contrary, or the violation is for a Quarterly Standard, liquidated damages shall be assessed beginning with the date on which the County sent the Notice of Assessment and continuing thereafter until such time as the violation ceases as determined by the County. Payment by the Grantee of any assessment of liquidated damages shall be due thirty (30) days after the date of the Notice of Assessment. If Grantee objects to the Notice of Assessment, Grantee shall have the right to challenge the assessment in the Circuit Court for the County, or in the United States District Court for the Western District of Virginia, Roanoke Division, and in no other courts, in which case the assessment will be stayed until the issue is decided by such court, or the parties resolve the matter in some other fashion. If Grantee does not, within the thirty -day period, make full payment or challenge the assessment in court, the County may withdraw from Grantee's Letter of Credit the amount due. The County may make one or more withdrawals from the Letter of Credit during and after any period in which a violation remains uncured, provided that the total withdrawn does not exceed the Page 27 amount due for the period between the date of the Notice of Assessment and the date on which the violation is deemed cured by the County. 14.9. Letter of Credit. 14.9.1. Grantee shall obtain within thirty (30) days of executing this Agreement, and maintain thereafter throughout the Agreement term, an irrevocable letter of credit in the amount of twenty thousand dollars ($20,000) (the "Letter of Credit") from a financial institution reasonably acceptable to the County ("Lending Institution"). The Letter of Credit shall be in a form substantially the same as the form attached hereto as Exhibit D and that is acceptable to the County. The Letter of Credit shall be used to ensure Grantee's compliance with the material terms and conditions of this Agreement. 14.9.2. Grantee shall file with the County a complete copy of the Letter of Credit (including all terms and conditions applying to the letter of credit), and keep such copy current with respect to any changes over the term of the Agreement. 14.9.3. If the County notifies the Grantee of any amounts due to the County pursuant to this Agreement or applicable law, including, without limitation, liquidated damages assessed pursuant to Section 14.5, and the PEG Capital Grant provided for in Section 8. 1, and the Grantee does not make such payment within thirty (30) days, the County may draw upon the Letter of Credit by presentation of a draft at sight drawn on the Lending Institution, accompanied by a written certificate signed by the County Administrator certifying that Grantee has failed to comply with this Agreement and stating the specific reason therefor and the basis for the amount being withdrawn. 14.9.4. In the event the Lending Institution serves notice to the County that it elects not to renew the Letter of Credit, the Grantee shall provide a substitute Letter of Credit, in Page 28 substantially the same form as that attached hereto as Exhibit E, from a Lending Institution approved by the County, before the effective Letter of Credit expires. 14.9.5. No later than thirty (30) days after mailing of notification to the Grantee by certified mail, return receipt requested, of a withdrawal under the Letter of Credit, the Grantee shall restore the amount of the Letter of Credit to the total amount specified herein, unless the Grantee has disputed the basis for the original withdrawal, in which case the obligation to restore shall be suspended until a final non -appealable decision on the dispute has been issued by a court of competent jurisdiction authority as provided in Section 14.8. 14.9.6. The rights reserved to the County with respect to the Letter of Credit are in addition to all other rights of the County, whether reserved by this Agreement or otherwise authorized by law, and no action, proceeding or right with respect to the Letter of Credit shall affect any other right the County has or may have. 14.9.7. No recovery by the County of any sum by reason of the Letter of Credit required in Section 14.9.1 of this Agreement shall be any limitation upon the liability of Grantee to the County under the terms of this Agreement, except that any sums so received by the County shall be deducted from any recovery which the County shall establish against Grantee under the terms of this Agreement. 14.10. Revocation. Should the County seek to revoke this Franchise after following the procedures set forth above in Section 14.2 of this Article, the County shall give written notice to Grantee of such intent. The notice shall set forth the specific nature of the noncompliance. The Grantee shall have sixty (60) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the County has not received a satisfactory response from Grantee, it may then seek Page 29 termination of the Franchise at a public hearing before the Board. The County shall provide the Grantee, at least thirty (30) days written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. 14.10.1. At the designated hearing, Grantee shall be provided a fair opportunity for full participation in accordance with applicable law, including the right to be represented by legal counsel. 14.10.2. In making any decision to revoke the Franchise, the County shall apply the standards provided by applicable law. Grantee shall have the right to appeal any revocation in the Circuit Court for the County, or in the United States District Court for the Eastern District of Virginia, Richmond Division, and in no other courts. 14.10.3. The County may, at its sole discretion, take any lawful action which it deems appropriate to enforce the County's rights under the Franchise in lieu of revocation of the Franchise. The County may also, in lieu of revocation, grant additional time to the Grantee to effect a cure of any default. 14.11. Enforcement or Termination of Franchise Terms. The provisions in this Section 14 shall satisfy the requirements in Sections 16(d), 16(e), 19, and 20 of the Ordinance. Section 15. INSURANCE AND INDEMINIFICATION 15.1. Insurance Coverage. Grantee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 15.1.1. Commercial General Liability Insurance in the amount of five million dollars ($5,000,000) combined single limit and five million dollars ($5,000,000.00) aggregate for property damage and bodily injury. Such insurance shall cover the construction, operation and Page 30 maintenance of the Cable System, and the conduct of Grantee's Cable Service business in the County. 15.1.2. Automobile Liability Insurance in the amount of minimum bodily injury coverage for each occurrence of $2,000,000 and property damage coverage of not less than $1,000,000 per occurrence. Workers' Compensation Insurance meeting all legal requirements of the Commonwealth of Virginia. 15.1.3. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: one hundred thousand dollars ($100,000); and (B) Bodily Injury by Disease: one hundred thousand dollars ($100,000) employee limit; five hundred thousand dollars ($500,000) policy limit. 15.2. Insurance Terms. 15.2.1. The County shall be designated as additional insured under each of the insurance policies required in this Article 9 except Workers' Compensation and Employers' Liability Insurance. 15.2.2. Grantee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this Agreement. 15.2.3. All policies shall be issued by companies qualified to write insurance in the Commonwealth of Virginia and which maintain throughout the policy term a general rating of A - VII and a financial size category of "AX' as determined by AM Best Rating Company. 15.2.4. Grantee shall deliver to the County Certificates of Insurance showing evidence of the required coverage within thirty (30) days after the Effective Date, and upon written request thereafter. 15.3. Indemnification Provisions. Page 31 15.3. 1. Grantee agrees to indemnify, save and hold harmless, and defend the County, its officers, agents, boards and employees, from and against any liability for damages or claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by any of Grantee's acts or omissions in its construction, operation, or maintenance of its Cable System, provided that the County shall give Grantee written notice of its obligation to indemnify the County in a timely fashion, not to exceed thirty (30) days of receipt of a claim or action or such reasonable time based on the type and scope of such claim or action made pursuant to this subsection. Notwithstanding the foregoing, Grantee shall not indemnify the County, for any damages, liability or claims resulting from the willful misconduct or negligence of the County, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Grantee in connection with PEG Access Channels or EAS, or the distribution of any Cable Service over the Cable System. 15.3.2. With respect to Grantee's indemnity obligations set forth in Section 9.2.1, Grantee shall provide the defense of any claims brought against the County and the County may select its counsel to defend the claim, subject to the consent of the Grantee, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the County from cooperating with the Grantee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the County, Grantee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Grantee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the County and the County does not consent to the terms of any such settlement or compromise, Page 32 Grantee shall not settle the claim or action but its obligation to indemnify the County shall in no event exceed the amount of such settlement. 15.3.3. The County shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by the County for which the County is legally responsible, subject to any and all defenses and limitations of liability provided by law. The Grantee shall not be required to indemnify the County for acts of the County which constitute willful misconduct or negligence on the part of the County, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 15.4. Insurance and Indemnification Terms. The provisions in this Section 15 shall satisfy the requirements in Section 9 of the Ordinance. Section 16. FORCE MAJEURE 16.1. Force Majeure Definition. An event or events reasonably beyond the ability of the Grantee to anticipate and control. "Force Majeure" includes, but is not limited to, severe or unusual weather conditions, strike, labor disturbance, lockout, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, action or inaction of any government instrumentality or public utility including condemnation, accidents for which the Grantee is not primarily responsible, fire, flood or other act of God, sabotage, work delays because utility providers denied or delayed the Grantee access to utility poles to which the Grantee's Cable System is attached, and unavailability of materials and/or qualified labor to perform the work necessary if such acquisition of qualified labor would be commercially impracticable as defined in 47 U.S.C. § 545(f). Page 33 16.2. Force Majeure Conditions. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. For purposes of this Franchise, any one (1) delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the parry claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of such occurrence. Notwithstanding anything else set forth above, after a total of twelve (12) months of delays of any type have been claimed by a party as being subject to Force Majeure, no further delays or claims of any type shall be claimed by such parry as being subject to Force Majeure and/or being an excusable delay. Section 17. NON-DISCRIMINATION. The Grantee shall adhere to the Equal Employment Opportunity regulations of the FCC and to all federal, state, and local laws, and executive orders pertaining to discrimination, equal employment opportunity, and affirmative action, that are applicable to the Grantee. Section 18. MISCELLANEOUS PROVISIONS 18.1. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 18.2. Nonwaiver. The Grantee agrees that the County's waiver or failure to enforce or require performance of any term or condition of this Agreement or the County's waiver of any particular breach of this Agreement by the Grantee extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions or this Page 34 Agreement except as set forth herein, or a waiver of any other breaches of this Agreement by the Grantee, and does not bar the County from requiring the Grantee to comply with all the terms and conditions of this Agreement and does not bar the County from asserting any and all rights and/or remedies the County has or might have against the Grantee under this Agreement or by law. 18.3. Rights of Third Parties. Nothing herein shall be construed to give any Person other than the Grantee or the County a right to assert any claim or cause of action against the Grantee or the County, its employees, elected or appointed officials, officers, boards, authorities, commissions, committees, commissioners, or agents. 18.4. Forum Selection and Choice Of Law. By virtue of entering into this Agreement, the Grantee submits itself to a court of competent jurisdiction in the County of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia (and, where applicable, federal law), and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia (and, where applicable, federal law). 18.5. Captions and Headings. The section captions and headings of this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 18.6. Faith Based Organization. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the County does not discriminate against faith based organizations. 18.7. Notice. Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, or sent via recognized national overnight courier service to the addressees below. Notwithstanding the foregoing, notices required Page 35 by 47 C.F.R. 76.1603 may be sent via electronic mail. Each party may change its designee by providing written notice to the other party. Notices to Grantee shall be mailed to: Cox Communications — Virginia ATTN: Senior Vice President/Region Manager 1341 Crossways Blvd. Chesapeake, VA 23320 with a copy to: Cox Communications — Virginia ATTN: Government Affairs 1341 Crossways Blvd. Chesapeake, VA 23320 and Cox Communications ATTN: Vice President of Government Affairs 6205B Peachtree -Dunwoody Road Atlanta, GA 30328 Notices to the County shall be mailed to: County Administrator Roanoke County Administration Building 5204 Bernard Drive Roanoke, VA, 24018 with copies to: County Attorney Roanoke County Administration Building 5204 Bernard Drive Roanoke, VA, 24018 Page 36 18.8. Entire Agreement and Amendments. This Agreement, together with the Ordinance, constitutes the entire agreement of the parties hereto and supersedes all prior offers, negotiations, and agreements among the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. 18.9. Exhibits. EXHIBIT A: Definitions EXHIBIT B: Original Analog EG Access Points EXHIBIT C: Optional Digital EG Access Points EXHIBIT D: List of facilities with courtesy service EXHIBIT E: Sample Letter of Credit [SIGNATURE PAGE FOLLOWS] Page 37 IN WITNESS WHEREOF AND AGREED TO THIS DAY OF NOVEMBER, 2018, the parties hereto have signed this Agreement by their authorized representatives. County of Roanoke, Virginia ilm County Administrator CoxCom, LLC ME JD Myers, II SVP and Region Manager Page 38 EXHIBIT A DEFINITION 1. "Board" shall mean the Board of Supervisors of the County of Roanoke, Virginia. 2. "Cable Service" shall have the same meaning as ascribed to the term "cable service" in the Cable Act. 3. "Cable System" shall have the same meaning as ascribed to the term "cable system" in the Cable Act. 4. "Channel" shall mean a portion of the electromagnetic frequency spectrum that is used in the Grantee's Cable System and that is capable of delivering a video signal as that term is defined by the FCC as of the Effective Date of this Agreement. "City" shall mean the City of Roanoke, Virginia. 6. "County" shall mean the County of Roanoke, Virginia. 7. "EG" shall mean any Channel required by this Franchise Agreement to be provided by the Grantee and set aside for educational or governmental use. 8. "EG Access Channels" shall refer to the channel capacity on a System devoted to EG Access. 9. "FCC" shall mean the Federal Communications Commission or its successor. 10. "Franchise" shall mean the franchise granted pursuant to this Agreement. 11. "Gross Revenues" shall mean all revenue, as determined in accordance with generally accepted accounting principles, that is actually received by Cox and derived from the operation of the Cable System to provide Cable Services in the Franchise Area; "Gross Revenue" shall not include: (i) refunds or rebates made to subscribers or other third parties; (ii) any revenue which is received from the sale of merchandise over home shopping channels carried on the Cable System, but not including revenue received from home shopping channels for the use of the Cable Service to sell merchandise; (iii) any tax, fee, or charge collected by Cox and remitted to a governmental entity or its agent or designee, including without limitation a local public access or education group; (iv) program launch fees; (v) directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; (vi) a sale of Cable Service for resale or for use as a component part of or for the integration into Cable Services to be resold in the ordinary course of business, when the reseller is required to pay or collect franchise fees or similar fees on the resale of the Cable Service; (vii) revenues received by any affiliate or any other person in exchange for supplying goods or services used by Cox to provide Cable Service; and (viii) revenue derived from services classified as Non - Cable Services under federal law, including, without limitation, revenue derived from telecommunications services and information services, and any other revenues Page 39 attributed by Cox to Non -Cable Services in accordance with rules, regulations, standards, or orders of the Federal Communications Commission. 12. "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer or mobile home, rented room or otherwise. 13. "Person" shall mean any individual, firm, partnership, association, corporation, company, trust, or entity of any kind, but shall not include the County, the City, or the Town. 14. "PEG Access" shall mean public, educational and/or governmental use as provided in the Cable Act (47 U.S.C. §531). 15. "Service Area" shall mean the geographical area in the County, City or Town, as the context may require, in which a Franchisee is authorized by a Franchise to construct its System and to provide Cable Service; provided, however, that until the Grantee offers Cable Service throughout such Service Area, a Grantee's Service Area shall be such lesser portion in which it offers Cable Service. 16. "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights- of-way within or belonging to the County, City or Town, as the context may require. 17. "Subscriber" shall mean a Person lawfully receiving Cable Service on the Grantee's Cable System. 18. "Town" shall mean the Town of Vinton, Virginia. 19. "VDOT" shall mean the Virginia Department of Transportation. Page 40 EXHIBIT B Original Analog EG Access Points 1. Virginia Western Community College 3095 Colonial Avenue, SW, Roanoke, VA 24015 2. Cox Roanoke Office 5400 Fallowater Lane, SW, Roanoke, VA 24014 3. Roanoke County Administration Building 5204 Bernard Drive, Roanoke, VA 24018 4. Governor's School 2104 Grandin Road, SW, Roanoke, VA 24015 5. Patrick Henry High School 2102 Grandin Road, SW, Roanoke, VA 24015 6. Hidden Valley Junior High 4902 Hidden Valley School Road, SW, Roanoke, VA 24018 7. Cave Spring Fire Department 4212 Old Cave Spring Road, SW, Roanoke, VA 24018 8. Roanoke County Main Library 3131 Electric Road, Roanoke, VA 24018 9. Cave Spring Junior High 4880 Brambleton Avenue, SW. Roanoke, VA 24018 10. Roanoke Municipal Building 215 Church Avenue, SW, Roanoke, VA 24011 11. Old Jefferson High School Building/RVTV 541 Luck Avenue, SW, Suite 145, Roanoke, VA 24016 12. Roanoke City Main Library 706 S. Jefferson Street, SE, Roanoke, VA 24016 13. Vinton Police Department 311 South Pollard Street, Vinton, VA 24179 14. Vinton War Memorial 814 E. Washington Avenue, Vinton, VA 24179 15. William Byrd Middle School 2910 Washington Avenue, Vinton, VA 24179 Page 41 16. Roanoke City School Administration Building 40 Douglass Avenue, NW, Roanoke, VA 24012 17. Roanoke Civic Center 710 Williamson Road, NE, Roanoke, VA 24016 18. Roanoke Airport 5202 Aviation Drive, Roanoke, VA 24012 19. Ruffner Middle School 3601 Ferncliff A venue, NW, Roanoke, VA 24017 20. Roanoke County Public Safety/South View 3568 Peters Creek Road, NW, Roanoke, VA 240J9 21. Roanoke County Career Center 100 Highland Road, Vinton, VA 24179 22. Old Roanoke County Administration Building- Brambleton Center 3738 Brambleton Avenue, SW, Roanoke, VA 24018 23. Higher Education Center 108 N. Jefferson Street, NW, Roanoke, VA 24012 24. WBRA-TV 1215 McNeil Drive, SW, Roanoke, VA 24015 Page 42 EXHIBIT C Optional Digital EG Access Points 1. Roanoke County Administration Building 5204 Bernard Drive, Roanoke, VA 24018 2. Patrick Henry High School 2102 Grandin Road, SW, Roanoke, VA 24015 3. Roanoke County Main Library 3131 Electric Road, Roanoke, VA 24018 4. Roanoke Municipal Building 215 Church Avenue, SW, Roanoke, VA 24011 5. Old Jefferson High School Building/RVTV 541 Luck Avenue, SW, Suite 145, Roanoke, VA 24016 6. Roanoke City Main Library 706 S. Jefferson Street, SE, Roanoke, VA 24016 7. Vinton Town Council 311 South Pollard Street, Vinton, VA 24179 8. Vinton War Memorial 814 E. Washington Avenue, Vinton, VA 24179 9. Roanoke City School Administration Building 40 Douglass A venue, NW, Roanoke, VA 24012 10. Roanoke Civic Center 710 Williamson Road, NE, Roanoke, VA 24016 11. Roanoke Airport 5202 Aviation Drive, Roanoke, VA 24012 12. Roanoke County School Administration Building 5937 Cove Road, Roanoke, VA 24019 13. Roanoke County Public Safety Center 5925 Cove Road, Roanoke, VA 24019 14. William Fleming High School 3601 Ferncliff Ave NW, Roanoke, VA 24017 Page 43 EXHIBIT D List of facilities with courtesy service COUNTY OF ROANOKE 6461 MERRIMAN RD ROANOKE, VA 24018 COUNTY OF ROANOKE 6461 MERRIMAN RD ROANOKE, VA 24018 COUNTY OF ROANOKE STE 145 541 LUCK AVE SW ROANOKE, VA 24016 COUNTY OF ROANOKE 900 CHESTNUT ST VINTON, VA 24179 COUNTY OF ROANOKE 10148 TINSLEY LN BENT MOUNTAIN, VA 24059 COUNTY OF ROANOKE 5342 INDIAN GRAVE RD ROANOKE, VA 24018 COUNTY OF ROANOKE 7125 BENT MOUNTAIN RD ROANOKE, VA 24018 COUNTY OF ROANOKE 6624 PETERS CREEK RD, ROANOKE, VA 24019 9606 BENT MOUNTAIN RD BENT MOUNTAIN, VA COUNTY OF ROANOKE 24059 COUNTY OF ROANOKE 3738 BRAMBLETON AVE ROANOKE, VA 24018 COUNTY OF ROANOKE 5925 COVE RD, ROANOKE, VA 24019 COUNTY OF ROANOKE 311 S POLLARD ST VINTON, VA 24179 COUNTY OF ROANOKE STE 402 5204 BERNARD DR ROANOKE, VA 24018 COUNTY OF ROANOKE 150 HERSHBERGER RD ROANOKE, VA 24012 COUNTY OF ROANOKE 5235 HOLLINS RD ROANOKE, VA 24019 COUNTY OF ROANOKE 7415 WOOD HAVEN RD ROANOKE, VA 24019 COUNTY OF ROANOKE STE 417 5204 BERNARD DR ROANOKE, VA 24018 COUNTY OF ROANOKE 6303 MERRIMAN RD ROANOKE, VA 24018 COUNTY OF ROANOKE(Explore Park) 56 ROANOKE RIVER PARKWAY, ROANOKE VA 24014 COUNTY OF ROANOKE 3917 DAUGHTERY RD SALEM, VA 24153 COUNTY OF ROANOKE (Ft Lewis F&R) 3915 WEST MAIN STREET SALEM, VA 24153 COUNTY OF ROANOKE (Hollins F&R) 7401 BARRENS ROAD, ROANOKE, VA 24019 COUNTY OF ROANOKE (Mt. Pleasant) 2909 JAE VALLEY ROAD, ROANOKE VA 24014 COUNTY OF ROANOKE 5401 BARNS AVE NW ROANOKE, VA 24019 COUNTY OF ROANOKE (Read Mt F&R) 43 EAST PARK DR. ROANOKE, VA 24019 COUNTY OF ROANOKE (Cave Spring F&R) 4212 OLD CAVE SPRING ROAD, ROANOKE, VA 24018 COUNTY OF ROANOKE (Cave Spring Rescue) 3206 VALLEY FORGE AVENUE, ROANOKE, VA 24018 COUNTY OF ROANOKE 300 S POLLARD ST VINTON, VA 24179 ROANOKE COUNTY PUBLIC SCHOOLS 1200 HARDY RD VINTON, VA 24179 ROANOKE COUNTY PUBLIC SCHOOLS 3115 W MAIN ST SALEM, VA 24153 ROANOKE COUNTY PUBLIC SCHOOLS 2902 E WASHINGTON AVE VINTON, VA 24179 ROANOKE COUNTY PUBLIC SCHOOLS 1002 RUDDELL RD VINTON, VA 24179 ROANOKE COUNTY PUBLIC SCHOOLS 3712 CHAPARRAL DR ROANOKE, VA 24018 ROANOKE COUNTY PUBLIC SCHOOLS 5437 CRUMPACKER DR ROANOKE, VA 24019 ROANOKE COUNTY PUBLIC SCHOOLS 5000 TITAN TRL ROANOKE, VA 24018 Page 44 ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS ROANOKE COUNTY PUBLIC SCHOOLS 6328 MERRIMAN RD ROANOKE, VA 24018 3838 OVERDALE RD ROANOKE, VA 24018 6758 NORTHSIDE HIGH SCHOOL RD ROANOKE, VA 24019 7130 BENT MOUNTAIN RD ROANOKE, VA 24018 4902 HIDDEN VALLEY SCHOOL RD ROANOKE, VA 24018 4880 BRAMBLETON AVE ROANOKE, VA 24018 5005 GRANDIN ROAD EXT ROANOKE, VA 24018 5205 FRANKLIN RD SW ROANOKE, VA 24014 6533 PETERS CREEK RD ROANOKE, VA 24019 3216 MOUNT PLEASANT BLVD ROANOKE, VA 24014 5901 PLANTATION CIR ROANOKE, VA 24019 2910 E WASHINGTON AVE VINTON, VA 24179 5404 SPRINGLAWN AVE ROANOKE, VA 24018 5901 COVE RD ROANOKE, VA 24019 6810 NORTHSIDE HIGH SCHOOL RD ROANOKE, VA 24019 ROANOKE COUNTY PUBLIC SCHOOLS 5937 COVE RD ROANOKE, VA 24019 Page 45 COUNTY EXHIBIT E Sample Letter of Credit FORM OF IRREVOCABLE LETTER OF CREDIT [Bank Letterhead] 2018 Irrevocable Standby Letter of Credit Letter of Credit No. Issue Date: , 2018 Expiry Date: Amount: $20,000 (USD Twenty Thousand and 00/100) COUNTY OF ROANOKE, VIRGINIA ROANOKE COUNTY ADMINISTRATOR 5204 BERNARD DRIVE ROANOKE, VA 24018 Dear Roanoke County Administrator: We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the County of Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on Bank bearing the clause, "Drawn under Bank Letter of Credit Number by the following documents: ", accompanied This Letter of Credit and a certified statement signed by the County Administrator or other designated County Official of the County of Roanoke, Virginia, stating that CoxCom, Inc. d/b/a Cox Communications Roanoke, has not complied with the terms and conditions of a Cable Television Franchise Agreement, by and between CoxCom, Inc. d/b/a Cox Communications Roanoke, as "Payors", and the County as "County" or "Holder", in the original principal amount of $20,000 and dated , 2018, ("Contract"), and that the amount of funds requested are due to the County of Roanoke, Virginia, for CoxCom, Inc. d/b/a Cox Communications Roanoke's failure to comply with the terms of the Franchise Agreement. This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. This irrevocable letter of credit shall remain in full force until and including 10 years after the date of execution of the Franchise Agreement, and shall automatically renew itself from year to year Page 46 thereafter unless and until Bank shall give ninety (90) days prior notice to the County of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the letter of credit is in full force and effect, the County may draw up to the full amount available under the letter of credit with a draft accompanied by a document stating CoxCom, Inc. d/b/a Cox Communications Roanoke, or its agent has not compiled with the Franchise Agreement or CoxCom, Inc. d/b/a Cox Communications Roanoke has not provided an acceptable substitute irrevocable letter of credit. We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s) as specified and the original of this credit, at our office located at Roanoke, Virginia _ any renewal thereof. on or before 12:00 noon on the above stated expiry date or Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, Signed Title: Bank Page 47 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 25, 2018 Ordinance declaring surplus and authorizing sale of two (2) parcels totaling .505 +/- acres of real estate located at 3319 and 3323 Westmoreland Drive, Cave Spring Magisterial District Ruth Ellen Kuhnel County Attorney APPROVED BY: Thomas C. Gates County Administrator ISSUE: Roanoke County desires to declare surplus and sell two properties on Westmoreland Drive for which the County has no public use. BACKGROUND: The County purchased two parcels of land in 1999 to facilitate an economic development project on Brambleton and Hwy 419. The project (Home Depot), as then proposed, did not materialize at that location and the parcels were never used for the secondary entrance, which was originally contemplated. Home Depot reimbursed Roanoke County for its acquisition expenses. There was an "agreement" for Roanoke County to pay Home Depot the proceeds of any sale executed in 1999. In 2013, County Attorney Paul Mahoney made overtures to the Home Depot's Corporate Offices by telephone call and certified mail and to date they have never responded to the County's effort to confirm that deal. The current County Attorney reached out to the real estate legal division of Home Depot and they have not expressed any knowledge or interest in any former agreement. In 2013, staff initiated an effort to rezone the properties from R-1, Low Density Residential to C-2, General Commercial to conform to the zoning classification of the adjacent commercial properties and to better market them for sale by the County. The sites are designated as Neighborhood Conservation in the 2005 Roanoke County Page 1 of 3 Comprehensive Plan, although a staff report supported the rezoning to promote the orderly development of the adjacent Core parcels to more accurately reflect County development goals. The 2013 rezoning effort was halted by Roanoke County staff after conversations with neighborhood citizens and informal conversations with Planning Commission and the Board Member representative of the Cave Spring District. The parcels remain currently zoned R-1, Low Density Residential. DISCUSSION: Roanoke County has been maintaining the two parcels on Westmoreland Drive with County staff. This maintenance requires mowing and trash removal, which has become necessary due to illegal dumping activity. Adjacent property owners have periodically contacted County staff regarding future plans and after an internal review, staff concluded that no public purpose is served by keeping the parcels off the County tax rolls. The County has advertised for sealed bids in the Roanoke Times on two separate occasions and communicated with the only adjacent property owner who called from the posted property sign. That caller had no problem with the sale and more specifically welcomes another owner since the County will not allow him to park on the site while we own it. The one and only bidder resulting from both advertised periods is Scotty and Gina Oakes Tanner operating as Nature's Emporium of Roanoke. The offer is for the assessed value of each of the parcels as discussed below for a total of $58,600. The proposed ordinance purports to sell the properties "as -is" with R-1 zoning. If the Tanners wish to engage in the rezoning process, then they may pursue that action after the conclusion of the sale. This County Attorney cannot find an actual board action previously declaring the property surplus so in an abundance of caution, staff is requesting that the Board of Supervisors declare the property surplus in the ordinance to sell the property, if and when, the Board makes that decision. FISCAL IMPACT: The parcels are assessed as follows 3319 Westmoreland Drive, .2585 acres @ $29,300; County paid $125,000 with building now demolished 3323 Westmoreland Drive, .2507 acres @ $29,300; County paid $150,000 with building now demolished Offer: The only offer is for $58,600 for both properties, which reflects the total of each Page 2 of 3 property's assessed value. STAFF RECOMMENDATION: Staff has consulted with the various department heads and no public use is foreseen for these two parcels. The parcels are actually costing us resources to maintain. Staff recommends accepting the offer of $58,600 for the two parcels and consummating a sale to Scotty and Gina Oakes Tanner (purchasers) or a business entity controlled by the Tanners. Staff recommends approval of first reading and scheduling the public hearing and second reading for October 9, 2018. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 ORDINANCE DECLARING SURPLUS AND AUTHORIZING SALE OF TWO (2) PARCELS TOTALING .505 +/- ACRES OF REAL ESTATE LOCATED AT 3319 AND 3323 WESTMORELAND DRIVE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Roanoke County purchased two parcels of land (Tax Map #77.13-5- 30 and #77.13-5.31) authorized by two separate ordinances Ordinance #101398-6 and Ordinance #090898-9 respectively for the public purpose of facilitating an economic development project which never materialized; and WHEREAS, Roanoke County staff has been maintaining the two parcels since 1999 without identifying a new public purpose; and WHEREAS, staff solicited bids from the public by advertisement in the Roanoke Times for two consecutive weeks for sealed bids to be received by 5:00 pm, June 22, 2018; and WHEREAS, one bid was received so after a report by staff in Closed Session on June 28, 2018, the Board directed another attempt at publicizing the proposed sale; and WHEREAS, staff solicited bids for a second time from the public by advertisement in the Roanoke Times for four consecutive weeks for sealed bids to be received by 2:00 pm, August 31, 2018; and WHEREAS, one bid was received again which was reviewed in Closed Session on September 11, 2018; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the Page 1 of 2 first reading of this ordinance was held on September 25, 2018, and the second reading and public hearing will be held on October 9, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the two parcels identified as 3323 Westmoreland Drive, Tax Map No. 77.13-5-30 (0.251 acres) and 3319 Westmoreland Drive, Tax Map No. 77.13-5-31 (0.254 acres) are hereby declared surplus and serve no ongoing public purpose. 2. That County staff is authorized to sell these parcels for an amount of fifty eight thousand six hundred and no/100 dollars ($58,600.00) after review of the solicited sealed bids received after proper advertisement and public hearing. 3. The buyers are Scotty Tanner and Gina Oakes Tanner trading as Nature's Emporium of Roanoke. 4. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2of2 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Ordinance authorizing the acquisition of new public drainage easements located at 3055 Franklin Street (Tax Map No. 066.02-02-03.00) and 3065 Franklin Street (Tax Map No. 066.02-02-04.00), in the Windsor Hills Magisterial District, for the purpose of facilitating drainage improvements Tarek Moneir Acting Director of Development Services Thomas C. Gates County Administrator Ordinance authorizing the acquisition of new public drainage easements from Kimberly D. Thompson (3055 Franklin Street; Tax Map no. 066.02-02-03.00), and Boone Assets L.L.C., (3065 Franklin Street; Tax Map No. 066.02-02-04.00) for the purpose of drainage improvements, Windsor Hills Magisterial District. BACKGROUND: In order to address stormwater drainage problems on Franklin Street, Kimberly D. Thompson and Boone Assets, LLC desire to convey new public drainage easements to the County. Ms. Thompson will grant an easement of variable width, approximately 5,985.07 sq. ft., on her property at 3055 Franklin Street (Tax Map No. 066.02-02-03.00). Boone Assets L.L.C. will likewise grant an easement of variable width, approximately 4,142 sq. ft., on its property located at 3065 Franklin Street (Tax Map No. 066.02-02- 04.00). The easements are necessary to remedy an existing stormwater drainage problem that Page 1 of 2 emanates from the City of Salem and flows into Roanoke County affecting citizens residing in the area along Franklin Street. DISCUSSION: To address ongoing drainage issue, the City of Salem will fund drainage and stormwater conveyance improvements within its boundary. Roanoke County will then make necessary improvements to connect to the City of Salem project and convey stormwater to an adequate outfall in a natural watercourse. Once this drainage easement is accepted by Roanoke County and improvements completed, Roanoke County will assume responsibility for ongoing maintenance. There have been no changes since the first reading of the ordinance on September 11, 2018. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. The County will maintain the structures within drainage easement utilizing existing funding designated for stormwater maintenance. STAFF RECOMMENDATION: Staff recommends approval of this ordinance.. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 ORDINANCE AUTHORIZING THE ACQUISITION BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY OF NEW PUBLIC DRAINAGE EASEMENTS FROM KIMBERLY D. THOMPSON (3055 FRANKLIN STREET; TAX MAP NO. 066.02-02-03.000) AND BOONE ASSETS L.L.C. (3065 FRANKLIN STREET; TAX MAP NO. 066.02-02-04.00), FOR THE PURPOSE OF FACILITATING DRAINAGE IMPROVEMENTS WHEREAS, Roanoke County has requested that Kimberly D. Thompson grant the County a new variable five thousand nine hundred eighty-five (5,985.07) square foot public drainage easement across her property located at 3055 Franklin Street (Tax Map No. 066.02-02-03.00), in the Windsor Hills Magisterial District; and WHEREAS, Roanoke County has also requested that Boone Assets L.L.C. grant the County a new variable four thousand one hundred forty-two (4,142.60) square foot public drainage easement across its property located at 3065 Franklin Street (Tax Map No. 066.02-02-04.00), in the Windsor Hills Magisterial District; and WHEREAS, these two new public drainage easements will contain a drainage system that will meet current design standards, and will include the construction of an adequate water outfall to a natural watercourse. These easements will facilitate further drainage improvements to this residential area along Franklin Street; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 11, 2018, and the second reading was held on September 25, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the acquisition of a new variable width public drainage easement across property belonging to Kimberly D. Thompson, located at 3055 Franklin Street (Tax Map No. 066.02-02-03.00), in the Windsor Hills Magisterial District, containing 5,985.07 square feet and shown on the attached plat labelled "EXHIBIT A" is hereby authorized and approved. 2. That the acquisition of a new variable width public drainage easement across property belonging to Boone Assets, LLC, located at 3065 Franklin Street (Tax Map No. 066.02-02-04.00), in the Windsor Hills Magisterial District, containing 4,142.60 square feet and shown on the attached plat labelled "EXHIBIT B" is hereby authorized and approved. 3. That the County Administrator, or any Assistant County Administrator, is authorized to execute, deliver and record the deeds, and any other documents on behalf of the County and to take such further actions as he may deem necessary or desirable in connection with this project. The form of the proposed deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator (or any Assistant County Administrator) may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. 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KANE ° \ WIDTH JORDEN J. & 1 LOT I sc 4 3o2j \ DRAINAGE JENNIFER M. RA—EY- aem Ac EASEMENT IPF/ .Ar / LOT 1 SEG 4 _ � 3' RIDGE AT [AIRWAY FOREST wesnmt 12o�mure (Pur, o �\IPF J / d68-0 Aa � I mneste 1pArT :S* ` f 7 ` T 066 ax 1 .02-_02-05_00-0000 1 I smv--' 201SM6,L PIBp� ®i '� INSM- Af 20*12576-(PLA0 RIDGEAT_FAIRWAY FAIRWAY FOREST � �, , � � HOMEOWNERSASSOC. o l� \S7Rl/ 1200718656 (P1A1) S,w I SEC 4 --A . �. 1 °ui MO Ar FAMPp61 Y MMS1pApgEgIY r au Ac 3 HOIypA _ BOONE ASSETS LLC �? o. o$ Tax 10ftd-&-e/.ai0-aP00 �" it I ' 1 .rk W wvstgrs 1 zmza2eos _ o . , BOONE HOMES OF RICHMOND �� asrAu 1 aormssrs (aAn •• l — fors st a 4 \\ •12 asmu 12007IM24 MEAT) 6 o ieorF AT FASSE r1'3r. W � � a....l. $ \ \ 5 4 rPF(__�ar �oa0o-oa n �\ N ---' \ O �laoo>a�g N�°oszs" \ \ IPF lI 1 emu � M (AA,7 \ 8 1009.1 Rte, F 1 T 1 EXHIBIT ,A» �- CURVE "A" R=469.86' L=15.62' Tan=7.81' D=1°54'17" CH=N26°16'24"W CHORD DIST.=15.62' EASEMENT LINE TABLE (5,985.07 SQ. FT.) LINE BEAR/NG LENGTH RAD/US 1-2 56742'29"W 76.20' 2-3 572'59'16"W 110.41' 3-4 S67'42'29"W 23.56' 4-5 N30'05'00"W 4.84' 5-6 N20'28'45"W 31.03' 93.00' 6-7 N10'52'29"W 3.58' 7-8 S71 *33'45"E 52.85' 8-9 N6742'53"E 167.48' 9-1 tie S26'39'00"E 15.02' NEW DRAINAGE EASEMENT AREA= 5,985.07 S.F. (0.1374 Ac SHOWING DRAINAGE EASEMENT (5,985.07 Sq. R.) BEING CONVEYED TO BOARD OF SUPERVISORS, CURVE "B" ROANOKE COUNTY R=1200.BY 00' L=69'93' KIMBERLY D. THOMPSON Tan=34.97' D=3020'23/4" ROANOKE COUNTY TAX MAP PARCEL #66.02-02-03.00 CH=N24°13'52"W CHORD DIS7.=69.92' SITUATED ALONG FRANKLIN STREET WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA z D SCALE: 1"= 40' DATE: JULY 17, 2018 ;,) v PREPARED BY ROANOKE COUNTY 83 DEPARTMENT OF COMMUNITY DEVELOPMENT r - � �,..•- Street Franklin _--� S34°53'42"E 9.04' S30°29 g -r M GIT pF SP►�E ,a= E4 — RDPNp� Gp. OF CIP, �F P Wok Swodary Route kf93 347"E G G�v� (Rigl►t-of--Nb Vww)AFW _ � Y 1 r ' # 3055 PROPOSED VARIABLE $ o WIDTH # 3045 0 DRAINAGE I C PROPBU, OF N EASEMENT I MATTHEW C. & PROffiRTY JF- LAUREN FLAUREN SWANK KIMBERLY D. LOT 4 SEL: 4 LHOMPSON RIDGE AT FAIRWA)A* Lori SEG 4 _ Q5910 AaNOW AT FAIRWAY FOREST Tar 1066.0-62-0.00-0000 0.5830 Aa \ INSiRU /1012Tar /06602—Q2-OI00-0000 NVSiRI/ 1201012576(RSA L_�01608797 I t 6MU 1 2007186iNSTRU _�i2576 (PLA» I "I, INSMU. 1 200718656 (PLAT) I ew 20TOt15� 1 r a' 1 PROPOSED \ \ p I VARIABLE YO& \ ?^ I WIDTH JIPF °DRAINAGEEASEMENTRIDGE AT_ FAIRWA_Y FOREST HOMEOWNERSASSOC.SW / SEr 4 M W AT FAAPe61Y FE wsrM614 Ac. _ 3T,. -I a6aa2-&-aw-aaav � O"OR w mtL / 2007/.124 (FLA17 oEdgYq PrUeee Slaonal. �' M7b,bs\�68'F EASEMENT LINE TABLE (4,142.60 Sq. FT.) LINE BEAR/NG LENGTH RAD/US 1-2 S67'42'29"W 76.20' 2-3 S72'59'16"W 110.41' 3-4 S67'42'29"W 23.56' 4-5 S30'05'00"E 4.42' 5-6 S53'06'45"E 16.43' 21.00' 6-7 S76'08'29"E 2.56' 7-8 N67'42'29"E 12.48' 8-9 N72'59'16"E 110.41' 9-10 N67 -42.29"E 77.61' 10-11 N 26'16'11 "W 15.62' 469.86' 11-1 tie S26'39 00 E 4.43' NEW DRAINAGE EASEMENT AREA= 4,142.60 S.F. (0.0951 AC.) 25 .g" 522°3342"E 2°334: 25.07 52.82' 0-2w10' watt' i—t. 1C P.U.E. 30 raL A. �ago M # 3075 x x 1 9EAmhg 1 2d Afw / Nbtaft Easement ford and T Samwmiater ItmaoQarront Aaosas x�- Easement (hs& mnt /201012576, i _PRLIAEIPTYOr JORDEN J. &— a0' ph,Ofe JENNIFER M. RAMEY 1 Sonttary Senor i _MIDGE AT FAffor Faw5T Eaeemerrt — — 0.6180 Aa for j 06&02-0270!__ W -0W0 , 1201012576 • MWM j 201012576 (PLAT) \ � • `NS1Miu jq 100)16676lP1A►1 �Aufts \ � V X47 \N, N' ppTUR!►� . AXWTY 0.T 1 1 JAMIE & AMBER 8 BOONE—ASSETS LLC 1 Wi I SM 4 ME AT FAMMY FO EST LOT 5 .SEG 4 rmr / am �w-m ROX A r FAIRWAY FOREST 4 2Df201510= � PF 108-90 Aa 1A 7ow (PEAL Tax l 066 02=oi-04 00-OOW WSITTy[._/ 20 o� AVSiRU. 1201012576 (PLAT) 6 �. � a �L 1 SW IPF N II 1 EXHIBIT FFB FF CURVE "A" SHOWING R=469.86' L=15.62' DRAINAGE EASEMENT (4,142.60 Sq. FL) BEING CONVEYED Tan=7.81' TO CHiN26°16'24"W BOARD OF SUPERVISORS, CHORD DIST.=15.62' ROANOKE COUNTY CURVE "B" R=1200.00' BY L=69.93' BOONE ASSETS L.L.C. n= .97 D=3020'23/4" ROANOKE COUNTY TAX MAP PARCEL #66.02-02-04.00 CH=N24013'52"W CHORD DIST.=69.92' SITUATED ALONG FRANKLIN STREET WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA z n SCALE: 1"= 40' DATE: JULY 17, 2018 a~ PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Return to: Roanoke County Attorney's Office Prepared and Recorded by Roanoke County Attorney Office Peter S. Lubeck, VSB: 71223 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018-0798 Tax Map No 066.02-02-03.00-0000 Exemption Clahne& Grantee is exempt from recordation taxes and fees pursuant to Section 58.1- 811(A)(3) and (C)(5) of the Code of Virginia (1950), as amended. This Deed of Easement, made this day of July 2018, by and between KIMBERLY D. THOMPSON, party of the first part, hereinafter referred to as "Grantor" and THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, party of the second part, hereinafter referred to as "Grantee." WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement in the County of Roanoke, Virginia, to -wit: A new DRAINAGE EASEMENT of variable width, containing approximately 5,985.07 square feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future drainage courses, ditches, lines, pipes, facilities, and other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor and designated on the Roanoke County Land records as Tax Map No. 066.02-02-03.00-0000. The location of said easements is shown and designated as "PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT" upon the Exhibit showing "DRAINAGE EASEMENT (5,985.07 Sq. Ft.) BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY KIMBERLY D. THOMPSON; Roanoke County Tax Map Parcel #66.02-02-03.00-0000; Situated Along Franklin Street; Windsor Hills Magisterial District, Roanoke County, Virginia; dated July 17, 2018; attached hereto as "Exhibit A" and by reference incorporated herein. The Grantee agrees to restore and repair any actual damage to Grantor's property which may be directly caused by the construction, reconstruction, or maintenance of or within the easement, except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor wiII cooperate with the Grantee in effectuating such restoration. The Grantee shall have full use of the easement for the purposes hereinabove set forth and shall have all rights and privileges reasonably necessary to the exercise of the easement. It is expressly agreed Page 1 of 3 between the parties hereto that the Grantee and its agents hall have the right to inspect the easement and to trim, cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon or immediately adjacent to the easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no buildings, structures or other improvements of any kind whatsoever shall be erected upon or within the easement herein granted or placed in such location as to render the easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace,. or otherwise be responsible for such improvements if damage or removed. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under or across the property by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for itself, and its successors and assigns, that the consideration aforementioned and the covenants herein shaII be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance or reconstruction of or within the easement herein granted. To have and to hold unto the Grantee, its successors and assigns forever. This deed is exempt from the recordation tax imposed by Section 58.1-801, Code of Virginia, pursuant to Section 58.1-811 A.3., Code of Virginia. This instrument is executed by a duly authorized administrator of Roanoke County, Virginia, to signify acceptance by the Board of Supervisors of Roanoke County of the real estate conveyed herein pursuant to Action No. 2018. adopted by said Board of Supervisors on the day of WITNESS the following signatures and seals: BRIAN EPPERLEY KIMBERLY D. THOMPSON NOTARY PUBLIC REG. #295929. COMMONWEALTH OF VIRGINIA PAY OOMMISSION EXPIRES OCT. 31.2("9 Commonwealth of Virginia, County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this 010 day of AVG u$1— 2018, by Kimberly D. Thompson. My Commission Expires: Notary Public Reg.# Page 2 of 3 Approved as to form: Senior Assistant County Attorney Commonwealth of Virginia, County of Roanoke, to -wit: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY By: Thomas C. Gates, County Administrator The foregoing instrument was acknowledged before me this day of 2018, by Thomas C. Gates, County Administrator, on behalf of The Board of Supervisors of Roanoke County. My Commission Expires: Notary Public Page 3 of 3 Reg.# � I 01p�dQM �zST6 1 V r R 11 k l l n i 5269817"[ t r e e 4.43' 4 00P jfirginro Secondory Route /69J (Right -of -Way Vanes) r APCO 1775-T52 ELI= 522°33'42"E 2°33'92" S34°53'42"E ♦ GAS B A, 25.07' 52.82' 9.04' 526°38'47' F C 530°29'3$'� 44.13' w COs /2778-7169 f 10' Water Easeml. Or 10' P.U.E. r - G Co f x�Ln 30' M.B.L. .v I is Co i r J # 3055 �I 7 - PROPOSED PROF}OSED Na VARIABLE c # 3075 rQ n WIDTH w nlLAUREN a DRAINAGE 2 x x F EASEMENT I C. & PROPERTY OF Existing 20' Private Access ANK KIMBERLY D. / Waterline Easement LOT 4 SEC. 4 �HOMPSON v tar Tract 01-A RIDGE AT FAIRWAY FOREST cj and 20' Stormwater 0.59fO Ac. LOT 3 SEC. 4 Yomongneal Access x. Tax 1066.02 RIOGE AT FAIRWAY FOREST I EOsemenf 0.5830 Ac. (Instrument 1201012576) j INSMU, 1 201211650 I � Tox 1066.02-02-0.300-0000 INSTRU. j 201012576 (PLAT) INSTRU 1207608797 in f INSTRU. 1 200718656 (PLAT) INSTRU. hq 2010125/6 (PLAT) � � � x � X � f 20' Privale ?0 INSWU. 1200718656 (PLAT) N -�Y �'� I � Saarlary Sewer dry f r CniJ s N Eosement \ �yl�4m F,yh r m INSTRU. , ,`si! ( 20 sanitary f ` "' / 201012576 \6f EaSement 411 Sewet 201012576 -zn \ \ 1 IhS�U- / WATERCouv'S� r r r n I •� \ _ f PRG°ERrY Or %q PROPOSED z PROPERTY OF JAMIE & AMBER KANE VARIABLE 1 WIDTHJORDEN J. & I ai I _ZC, 4 °� s \ t MOCEAT aersr O 1 DRAINAGE B '� JENNIFER. M. RAMEY 06559 Ac, / Tox / 066.02 -a2 -moo -ow EASEMENT--- IPF �� / LOT 2 SEC. 4 INSTRU/ 2015108]6 r RIDGE AT FAIRWAY FOREST 'N5 NU- .12010125;-6 (PLAT) ` l` IPF / INSTRU / Z00718656 (PLAT) 3Lpy, \ / 0.6180 Ac. g �IqN r _ l Tax 1 066,02-02-05.00-0000 7 CF,-, \ INSTRU. If 201609663 ROPERTY Oma!� RIDGE AT FAIRWAY FOREST T INSTRU d 201012576 (PLAT) HOMEOWNERS ASSOC, \ — Nlo �INSTRU. 1200718656 (PLAT) Via, SWt! I SEC. 4 \� �.` � \ I' RIOGE' AT FAIRWAY FOREST \ O �PROP£RTY OF' - 1.614 F L6T4 A:. \ HOLLOW m BOONE ASSETS I.LC— I c L2 Tor 1066.02-02-01.00-0000 in i 4 -- a, INSTRU. / 201202905 0 � / BOONE HOMES OF RICHMOND �� w lNSRrU. / 701077576 (PLAT) , r4 ` — a LOT 5 SEC 4 �, INSTRU. 1 200712176 (PLAT) O 6 C RIDGE Al FAIRWAY FOREST i4 5 4 IPF- I 5.0890 Ac E.rslnq fYiwle Slam/roln N \ `:1 Fax / 066.02-02-04.00-0000 v (msxn� mIM!?�1�8656f X00 as, IPF 001 IN51RU. / 201116194 ` .�, INSlriu. 1201012576 (PLAT) o c 9. F , I 9,` I EXHIBIT r"A f 36" SCP CURVE "A" R=469.86' L=15.62' Tan�7.81' D=1-54-17" CH=N26'16'24"W CHORD DIST.=15,62' EASEMENT LINE TABLE (5,985.07 Sq. FT.) LINE BEARING LENGTH RADIUS 1-2 567.42'29"W 76.20' 2-3 572'59'16"W 110.41' J-4 S67'42'29"W 23.56' 4-5 N30'05'00"W 4.84' 5-6 N20.28'45"W 31.03' 93.00' 6-7 N10"52'29"W 3.58' 7-8 S71 *33'45"E 52.85' 8-9 N67'42'53"E 167.48' -9-tie S26.39'00"E 15.02' NEW DRAINAGE EASEMENT AREA= 5,985.07 S.F. (0.1374 AC SHOWING DRAINAGE EASEMENT (5,985.07 Sq. Ft.) BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY CURVE "B" BY R=1200.00' L=69.93' KIMBERLY D. THOMPSON Tan=34.97' D=3°2023/4" ROANOKE COUNTY TAX MAP PARCEL #1.66.02-02-03.00 CH=N24° 13'52"W CHORD DIST.-69.92' SITUATED ALONG FRANKLIN STREET aJ ROANO� WINDSOR HILLS MAGISTERIAL DISTRICT ` ROANOKE COUNTY, VIRGINIA F 7d SCALE: I"= 40' DATE: JULY 17, 2018 PREPARED 8Y ROANOKE COUNTY 1898 DEPARTMENT OF COMMUNITY DEVELOPMENT Return to: Roanoke County Attorney's Office Prepared and Recorded by Roanoke County Attorney Office Peter S. Lubeck, VSB: 71223 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018-0798 Tax Map No 066.02-02-04.00-0000 Exemption Claimed: Grantee is exempt from recordation taxes and fees pursuant to Section 58.1- 811(A)(3) and (C)(5) of the Code of Virginia (1950), as amended. This Deed of Easement, made this day of July 2018, by and between BOONE ASSETS L,L.C., party of the first part, hereinafter referred to as "Grantor" and THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, party of the second part, hereinafter referred to as "Grantee." WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement in the County of Roanoke, Virginia, to -wit: A new DRAINAGE EASEMENT of variable width, containing approximately 4,142.60 square feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future drainage courses, ditches, lines, pipes, facilities, and other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor and designated on the Roanoke County Land records as Tax Map No. 066,02-02-04.00-0000. The location of said easements is shown and designated as "PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT" upon the Exhibit showing "DRAINAGE EASEMENT (4,412.60 Sq. Ft.) BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY BOONE ASSETS L.L.C.; Roanoke County Tax Map Parcel #66.02-02-04.00; Situated Along Franklin Street; Windsor Hills Magisterial District; Roanoke County, Virginia; dated July 17, 2018; attached hereto as "Exhibit A" and by reference incorporated herein. The Grantee agrees to restore and repair any actual damage to Grantor's property which may be directly caused by the construction, reconstruction, or maintenance of or within the easement, except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. The Grantee shall have full use of the easement for the purposes hereinabove set forth and shall have all rights and privileges reasonably necessary to the exercise of the easement. It is expressly agreed Page 1 of 3 between the parties hereto that the Grantee and its agents shall have the right to inspect the easement and to trim, cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon or immediately adjacent to the easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no buildings, structures or other improvements of any kind whatsoever shall be erected upon or within the easement herein granted or placed in such location as to render the easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damage or removed. The fixtures, facilities, Iines, utilities, and any other improvements placed upon, under or across the property by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for itself, and its successors and assigns, that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance or reconstruction of or within the easement herein granted; provided, however, that Grantee's agreement to restore actual damages to Grantor's property as set forth herein shall remain in full force and effect. To have and to hold unto the Grantee, its successors and assigns forever. This deed is exempt from the recordation tax imposed by Section 58.1-801, Code of Virginia, pursuant to Section 58.1-811 A.3., Code of Virginia. This instrument is executed by a duly authorized administrator of Roanoke County, Virginia, to signify acceptance by the Board of Supervisors of Roanoke County of the real estate conveyed herein pursuant to Action No. 2018,. adopted by said Board of Supervisors on the day of WITNESS the following signatures and seals: BOONE ASSETS L.L.C. t aNrr 4A601 6A- By (printname) Commonwealth of Virginia, County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this r'day of Aa'� *y5_r 2018, by A LCXo%tQP!* to E on behalf of Boone Assets L.L.C, My Commission Expires: d BRIAN BPPERLEY NOTARY PUBLIC REG. #295929 AiIYCQMMMSWEP RO5 0 C7 3 2018 Notary Public Reg.# Page 2of3 Approved as to form: Senior Assistant County Attorney Commonwealth of Virginia, County of Roanoke, to -wit: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY By: Thomas C. Gates, County Administrator The foregoing instrument was acknowledged before me this day of 2018, by Thomas C. Gates, County Administrator, on behalf of The Board of Supervisors of Roanoke County. My Commission Expires: Notary Public Page 3 of 3 Reg.# 210,701 E� QN 2526 r 526°38'47"E C e 2 4.43' Fr�nk��n 11' S34°53'42"E 9.04' S26°38'47' E 293 1 Cn 534°'8"'F 44.13' fl� 10roL�Eose�l. cam. E co. - - t0' p�f W� 7 "C 535-26 r 34VfA.6.� # 3055 PROPOSED VARIABLE o u7 WIDTH # 3045 $ DRAINAGE PROPERTY OF ` EASEMENT f MATTHEW C. & PROPERTY OF LAUREN SWANK KIMBERLY D. LOT 4 SEC, 4 LTHOMPSON RIDGE AT FAIRWAY FORE5T LOT 3 SEC. 4 05870 Ac. RIDGE AT FAIRWAY FOREST Tax / 066.02--02-02.00-0000 0.5830 Ac I jjI INSTRU. # 201211650 rot f 066.02-02-03.00-0000 I 5 INSTRU. j 201012576 (PLAT) INSTRU. 1201608797 INSTRU. 1' 200718656 (PLAT) INSTRU. if 201012576 (PLAT) ?o INSTRU: # 200718656 (PLAT? r 59ni1ary \�ss6J q` r 20 Easement J \ ��ti SewOr / 2tf1012576 INSITi � y� PROPOSED \ 1 t VARIABLE Say \ 4 WIDTH \ 44 ti DRAINAGE 3 17p2jlY �\ 4 1 EASEMENT 3 IPF � 6 l -1y PROP£R7Y OFA 1 ` rte,,. \ RIDGE AT FAIRWAY FOREST I� / HOMEOWNERS ASSOC, 5PM 1 SEC. , �4 �•_ RIDGE A F FAIRWAY roRESF /06s.a614 z 01.00-0000 M _ FIOLLOW rax 4 INSIRU. / 20rR0R905 4 INSTRU. / 201012576 (PLAT) INSIRU. / 20071JJ24 (PLAT) o E.al'nq PrivSe Stnmwla Ln n`001 Irnsr u A t�1109 Am) -'l' 25 E \ IPF t EASEMENT LINE TABLE (4,142.60 Sq. FT.) LINE BEARING LENGTH RADIUS 1--2 S67'42'29"W 76.20' 2-3 S72'59'16"W 110.41' 3-4 S67'42'29"W 23.56' 4-5 530'05'00"E 4.42' 5-6 553'06'45"E 16.43' 21.00' 6-7 S76'08'29"E 2.56' 7-8 N67'42'29"E 12.48' 8--9 N72'59'16"E 110.41' 9-10 N67'42'29"E 77.61' 10-11 N26'16'11"W 15.62' 469.86' 11-1 fie S26 -39'00"E 4.43' EdNEW DRAINAGE EASEMENT AREA= 4,142.60 S.F. (0.0951 Ac.) P� F O�� � Virg;nJa Secondary Route /593 (Right -of -Way Varies) 00ELEC APca /275-152 GAS S22°33'42"E 2°33'42" " Nl 25.07 52.82- W , 2.82'w, 12778-2169 10' Water Ease L. 10' f -YE f _ " - ao' M.A.L. 1 _ 1 Ln # 3075 X x 1 9 I Existing 20' Private Access / Wuferline Eosement rrx Tract 01-A I— ,sem.kcess and 20' StormWafer x!A<amagerntrlEef t � r ] — (Instrument 1201012576) y r 1 1 PROPERTY OF _ X _JORDEN J. & I 20' Priwfe JENNIFER M. RAMEY~ Sanifoq Sewer LOT 2 SEC. e o EBsemenl -R100£ Ar FAIRWAY FOREST ao INSTRU. 0.67$0 Ac. 200012576 Tox / 066.02-02-05.0-0000 r ` INSTRU. 1201609663 r 1NSrRU. / 20r012576 (PLAT) \ 1 1 1r 0+SM.. / 200718656 (PLA r) 1 WATERCOURSE PROPERrror 1 I JAMIE & AMBER L. 1 PROPERTY OF I ori wr # 8 / BOONE ASSETS LLC RIDGE AT FAIRWA Y FOREST 1 x65$9 Ac. LOT SEC. 4 Fax/L556.02-02-06.00-000 RIDGE AT FAIRWAY FOREST 1N5rRU. / 201510836 mli?v.. / 201012576 (PLAT, PFS 5.0890 Ac. elSW. 1200.718656 (PLAT, 7 Fox j 066.02-02-04.00-0000 INSTRU. Ae 201316J94 I INSTRU. 9 201012576 (PLAT) 6 moo wt,' Z; o w- c LF�= v p n 7. . I ,, EXHIBIT 7 A CURVE "A" SHOWING RT469.86' L=15.62' DRAINAGE EASEMENT (4,142.60 Sq. Ft.) BEING CONVEYED Tan=7.81' TO '17" C=N26�16'24'W HN2 H BOARD OF SUPERVISORS, CHORD DIST. -15,62' ROANOKE COUNTY CURVE "B" BY R=1200.00' 1.=69.93' BOONE ASSETS L.L.C. Tan=34.97' D=3.20'2314" ROANOKE COUNTY TAX MAP PARCEL #66.02-02-04.00 CH=N24°13'52"W CHORD DIST.=69.92' SITUATED ALONG FRANKLIN STREET 04 OAN.o WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA p Z SCALE: 1"= 40' DATE: JULY 17, 2018 v� PREPARED BY ROANOKE COUNTY 1898 DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION NO. ITEM NO. 1.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator All open district appointments BACKGROUND: 1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Budget and Fiscal Affairs Committee (BFAC) (At -Large) Two open appointments 2. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2017: a) Steve Anderson, representing the Cave Spring Magisterial District is eligible for reappointment Page 1 of 2 3. Library Board (appointed by District) The following four-year term expired on December 31, 2016: a) Heather Lawrence, representing the Vinton Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 25, 2018, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes — July 24, 2018 2. Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $142,350 3. Request to accept and allocate grant funds in the amount of $256,972.50 from the National Highway Traffic Safety Administration for the Roanoke Valley Driving Under the Influence (DUI) task force and the Drug Recognition Expert Grant 4. Resolution requesting acceptance of Millwheel Drive, Foxfield Lane, Millwood Drive, Russlen Drive, and Woods Meadow Lane into the Virginia Department of Transportation Secondary System 5. Resolution confirming the County Administrator's declaration of a Local Emergency due to severe weather Page 1 of 1 ACTION NO. ITEM NO. J.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 25, 2018 Request to accept and allocate grant funds from the Division of Motor Vehicle for the Selective Enforcement Grants in the amount of $142,350 SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of grants totaling $142,350 from the Division of Motor Vehicles for traffic enforcement and training. BACKGROUND: The Virginia Highway Safety Office, part of the Virginia Department of Motor Vehicles, oversees the funding and coordination of various highway safety grant programs. These programs are designed to improve the safety of motorists by focusing on a variety of factors that contribute to motorist injury. The Roanoke County Police Department has been awarded Selective Enforcement Grants as part of the ongoing initiative to reduce traffic fatalities in the Commonwealth of Virginia. The Roanoke County Police Department has received grants from the Division of Motor Vehicles for approximately 25 years. The Police Department uses these grants to reduce alcohol related fatalities and serious injuries in traffic crashes, increase occupant protection, and to provide additional speed enforcement on Interstate 81 and 581. DISCUSSION: The Division of Motor Vehicles awarded to the Roanoke County Police Department the following grants: Page 1 of 2 1. Selective Enforcement Grant in the amount of $81,600 to reduce alcohol related fatalities and serious injuries in traffic crashes. 2. Selective Enforcement Grant in the amount of $17,550 to increase vehicle occupant protection. 3. Selective Enforcement Grant in the amount of $43,200 to provide for additional speed enforcement. Grant funds will be utilized for personnel, training and equipment costs associated with each grant program. FISCAL IMPACT: Awarded grant funds total $142,350, which includes a required local match of $47,450. The County will meet the local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2018-2019 Police Department budget. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds to the Police Department in the amount of $142,350 from the Division of Motor Vehicles for the Selective Enforcement Grants. Page 2 of 2 GRANT PROCESSING REQUEST FORM Department of Finance DATE: 8131118 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement- Speed GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steven Williams 540-632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # FSC -2019.59095.9095 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement- Speed FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST $28,800.00 $14,400.00 $43,200.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? YIN N AMOUNT REIMBURSEMENT GRANT? YIN Y FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Raymond Torres PHONE: FAX: EMAIL: 540.777-5279 rtorres@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: Aph nFAVMV www.dmvNofd.com Virginia Department of Motor Vehicles HIGHWAY SAFETY GRANT AGREEMENT Post Office Box 27412 Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 69A37518300004020VA0 Project Title: Selective Enforcement - Speed Project Number: FSC -2019-59095-9095 Assistance Listings #: 20.600 Grant Award Amount: $ 28,800.00 Assistance Listings Name: State and Community Highway Safety ( .... t `,l, '8,800,00 Punds, 28, 0,' ? Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: . Applicable Department regulations and policies and State and Federal laws, regulations, and policies . Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement . General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: Name f Project Directo (print) ` Signature Date Subrecipient's DUNS Number 361 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date E a O +. V 7 O O O LL O � r N �i C O O O 0 O O 7' O ,6 E 00 C C Q N N LL of N O O O O 0 U O DD O "*i .o N ,; - O V M, `I N > v_ D � v v s 10 .. O to O0 0 U) a d v t > C O` J O 4► � Cf OIram o C � C a �`ami (� 1°aa) CL d > 2 O � c a� ami IL a N m m 01 03 O w 7 O L U U 3 O C N = r d L Ncc C .� E : m > C O f6 O m 000 LL tn qty N S C d9 r L CD 0 m ol� 'U N U L) j a`) m U. a TSS 012G -SC (07101/2018) Page 3 Sub -recipient Namei-4_�16vt Project STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. I number of overtime hours to be used '-stimated �(OD -stimated number of overtime individual/saturation patrols Estimated number of overtime hours to be used Estimated number of overtime individual/saturation patrols For April 1, 2019 through June 30, 2019 Estimated 2(_) number of overtime hours to be used Estimated I S number of overtime individual/saturation patrols ralmmm"Wolumm7n. &-BZMB�� %6 Estimated number of overtime hours to be used Estimated 1, number of overtime individual/saturation patrols 4 t— b. To conduct a minimum of _iL overtime individual/saturation patrols during the Click It or Ticket Mobilization in May 2019. . I— c. To conduct a minimum of overtime individuallsaturation patrols during the Checkpoint Strike Force Campaign. To have number of sworn officers attend number DMV approved traffic safety related trainin.! events (eAgirginla Highway Safety Summit, Radar Certification Schools, Small Agency Symposium), e. Increase from number of radar units in active user from '94) to - --L' (if approved, all units must be ordered by December 31, 2018 and put in service by Niairc_h3l, 2019). 1 YProject Director 1,7�_ �,� -� 8 Initial Date TSS 012G -SC (07/0112018) Page 3A 6; #- 9S Sub -recipient Name: Project 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals, STATEWIDE GOAL: Decrease speed -related fatalities 7 percent from the 2016 calendar base year to 294 by December 31, 2019. AGENCY GOAL: 15— BASED ON SPEED -RELATED CRASH DATA (using crash data from VAHSO or otherroved local � crash information): 6 �' ekT _percent of speed control selective enforcement activities are to be conducte between the hours of i Ob j Y60 xy) with special emphasis on the following days of the week: The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019, and documentation maintained concerning its use. • All sub -recipients must submit a completed monitoring report {TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. --77 Project Director Initial Date TSS 0128 (07/01/2018) Page 4 O • a a Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for.radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 0126 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single qr multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 0128 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 012B (07/01/2018) Page 7 C. All payments will be made in accordance 'with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0128 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this vvork. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials 171- V- TSS 0128 (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials _ TSS 0128 (07/01/2018) Page 10 The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 012B (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials 3. Federal -Aid Highway Act of 1973, (23 U.S.C. Amendments of 1972, as amended (20 U.S.C. discrimination on the basis of sex); TSS 0128 (07/01/2018) Page 12 324 et seq.), and Title IX of the Education 1681-1683 and 1685-1686) (prohibit 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012B (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 0128 (07/01/2018) Page 14 av• i :1 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials a TSS 012B (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 0126 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. if the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Ric mond, Virginia 23269-0001 To Subrecipient: "wy �c> � hay Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Ti� 7-7- Roanoke Region 186 227 August, 2018 300 Roanoke County Speed Crash Statistics 1 5 Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 All Injury Crashes 329 345 427 477 Speed Crashes 186 227 266 300 Speed Fatal Crashes 1 5 3 4 6:00am - 8:59am 6:00am - 8:59am Highest Time Period(s) Midnight - 2:59am 9:00pm-11:59pm 6:00pm- 8:59pm 9:00pm-11:59pm (100%) (40%) (66%) (50%) Highest Day(s) Saturday Saturday Monday - Saturday Friday - Saturday (100%) (40%) (66%) (50%) Highest Month(s) November May December February (100%) _20 (40%) (67%) (50%) Speed Serious Injury Crashes 15 4 17 6:00pm- 8:59pm 3:00am - 5:59am Highest Time Period(s) 9:00am-11:59am 6:00am - 8:59am Noon- 2:59pm Midnight - 2:59am (40%) (40%) (21%) (24%) Highest Day(s) Monday Wednesday Saturday - Sunday Saturday ® Sunday (30%) (27%) (42%) (48%) Highest Month(s) July December - June July m October July (20%) (40%) (34%) (24%) Speed Injury Crashes 78 81 97 112 Highest Time Period(s) 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm (24%) (25%) (21%) (28%) Highest Day(s) Friday Thursday Saturday Thursday (21%) (19%) (19%) (18%) Highest Month(s) November May November May (13%) (16%) (i4%) (13%) 2016 -' 4 { � x z ® Speed Fatal Interstate Crashes e Speed Fatal Non -interstate Crashes * Speed Serious Injury Interstate Crashes o Speed Serious Injury Non -interstate Crashes VIRGINIA TECH. The blue gradient represents the density of all speed crashes. This mport was generated be the Center for Qcospatial Information Technology Available Crash Data - Partial Year 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All Injury Crashes 160 180 255 175 Speed Crashes 95 125 137 113 Speed Fatal Crashes 3 3 1 3:00pm- 5:59pm 6:00am - 8:59am Highest Time Period(s) 9:00pm-11:59pm No Midnight - 2:59am 9:00am-11:59am (66%) Speed (66%) (100%) Highest Day(s) Monday - Saturday Fatalities Saturday s Sunday Wednesday (66%) (66%) (100%) Highest Month(s) May February April (67%) (67%) (100%) Speed Serious Injury Crashes 7 g a 3:00am - 5:59am 3:00pm- 5:59pm Highest Time Period(s) 6:00am - 8:59am 6:00pm- 8:59pm Noon- 2:59pm 3:00pm - 5:59pm (58%) (44%) (25%) (33%) Highest Day(s) Monday a Tuesday Wednesday Saturday ® Tuesday Thursday (58%) (33%) (50%) (33%) Highest Month(s) June w May February ® January March June (86%) (44%) (38%) '.. (50%) Speed Injury Crashes 37 42 60 39 3:00pm- 5:59pm Highest Time Period(s) 6:00am - 8:59am 9:00pm-11:59pm 3:00pm- 5:59pm 3:00pm - 5:59pm (48%) (21%) (25%) (31%) Highest Day(s) Monday Wednesday Saturday Monday (27%) (24%) (20%) _ (23%) _ Highest Month(s) May January June May January (35%) (42%) (25%) (23%) 2018* -" ® Speed Fatal Interstate Crashes ® Speed Fatal Non -interstate Crashes e Speed Serious Injury Interstate Crashes e Speed Serious Injury Non -interstate Crashes VIRGINIA TECH: The blue gradient represents the density of all speed crashes. This report was generated by the * This report contains preliminary data. Center for Geospatial hffor nation Tecluwlog} ® Speed Fatal Interstate Crashes ® Speed Fatal Non -interstate Crashes e Speed Serious Injury Interstate Crashes e Speed Serious Injury Non -interstate Crashes VIRGINIA TECH: The blue gradient represents the density of all speed crashes. This report was generated by the * This report contains preliminary data. Center for Geospatial hffor nation Tecluwlog} www.dmvNow.com Virginia Department of Motor Vehicles HIGHWAY SAFETY GRANT AGREEMENT Post Office Box 27412 Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 69A37518300004020VA0 Project Title: Selective Enforcement - Speed Project Number: FSC -2019-59095-9095 Assistance Listings #: 20.600 Grant Award Amount: $ 28,800.00 Assistance Listings Name: State and Community Highway Safety } i .3 Fun& $ 28,800,00 Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTFtORIZED APPROVING OFFICIALS For Subrecipient: t C� —k cry Name d tle of Project Director (printy Si nature Date Subrecipient's DUNS Number3� Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) 11c Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date ca o 0 CD C o o 0 CD Q c o 0 0 o < LL® 0 o c E ocL at 3 N N_' � LL y t. � 10' y o o a o 0 o o Q oc d N co C%4 ct , vt : p d o '.: IL '. d V t d Ug C O (D fn O` C 6ES : 6 d4 �6p V NC C CL ai CU O C N CL N C1 N U CU (U CT f6 O 7 O L � Cl) n C V O (D U) O C f6 > C f6 d C O J OD LL � U LLL C C cn O LL .U+ co � /119 Sub -recipient Name:, _ojovc a -ON , Project #: R��;O It 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. 6 '0 11;0 11 11 ammn, maw,4111:111=0 M�� Estimated �_Db number of overtime hours to be used Estimated q Sw'number of overtime individual/saturation patri Estimated o� number of overtime hours to be used 1�stlmated number of overtime individual/saturation patrols Estimated XU number of overtime hours to be used EstimateAl number of overtime individual/saturation patri Estimated number of overtime hours to be used Estimated 5 number of overtime individual/saturation patrols I ,- b. To conduct a minimum of 1 overtime individual/saturation patrols during the Click It or Ticket Mobilization in May 2019, c. To conduct a minimum of, overtime Ind ivid ual/saturati on patrols during the Checkpoint Strike Force Campaign. d. To have number of sworn officers attend number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Radar Certification Schools, Small Agency Symposium), e. Increase from number of radar units in active use from _P to _—O , (if approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). Project Directo(, Initial IIM TSS 012G -SC (07/01/2018) Page 3A Sub -recipient Name: Project #: STATEWIDE GOAL: Decrease speed -related fatalities 7 percent from the 2016 calendar base year of 3 -am to 294 by December 31, 20% AGENCY GOAL: �\,U lrqLyn C� acl s ryz�6 r crash information): percent of speed control selective enforcement activities are to be cond between the hours of 0600-I'Zw\ I L/00 760t) - 6 Uba with special emphasis on the following days of the week: Mull 1—&m P,,r 47- z,5 The remaining. 9J,� percent of selective enforcement hours may be scheduled during other D approved identified high -crash time periods. I • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019, and documentation maintained concerning its use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. 7 6?7__ Project Director" Initial Date TSS 0128 (07/01/2018) Page 4 . , • UP • Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mail intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials Iry TSS 0126 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or.multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 012B (07/01/2018) Page 6 The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 0128 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the OMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials' TSS 012B (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials 1c TSS 012B (07/01/2018) Page 9 Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials TSS 0128 (07/01/2018) Page 10 r"0NIV,IT,%11Mi! The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 0126 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 1. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials 3. Federal -Aid Highway Act of 1973, (23 U.S.C. Amendments of 1972, as amended (20 U.S.C. discrimination on the basis of sex); TSS 0128 (07/01/2018) Page 12 324 et seq.), and Title IX of the Education 1681-1683 and 1685-1686) (prohibit 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 0126 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. I!lfi C� x�I 77Z� :71'l�t The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTE=RPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's lnitials` l TSS 012B (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement, imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 0128 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: nLo 00jn�s Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's initials Roanoke Region August, 2018 Roanoke County Speed Crash Statistics: Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 All Iniury Crashes 329 345 427 477 Speed Crashes 186 227 266 300 Speed Fatal Crashes 1 5 3 4 6:00am - 8:59am 6:00am - 8:59am Highest Time Period(s) Midnight - 2:59am 9:00pm-11:59pm 6:00pm- 8:59pm 9:00pm-11:59pm (100%) (40%) ., (66%) (50%) Highest Day(s) Saturday Saturday Monday , Saturday Friday - Saturday (100%) (40%) (66%) (50%) Highest Month(s) November May December February (100%) (40%) (67%) (50%) Speed Serious Injury Crashes 26 is 24 t 6:00pm- 8:59pm 3:00am - 5:59am Highest Time Period(s) 9:00am-11:59am 6:00am - 8:59am Noon- 2:59pm Midnight - 2:59am (40%) (40%) (21%) (24%) Highest Day(s) Monday Wednesday Saturday « Sunday Saturday ® Sunday (30%) (27%) (42%) (46%) Highest Month(s) July December a June July a October July (20%) (40%) (34%) (24%) Speed Injury Crashes 78 81 97 112 Highest Time Period(s) 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm 3:00pm- 5:59pm (24%) ',. (25%) (21%) (26%) Highest Day(s) Friday Thursday Saturday Thursday (21%) (19%) (19%) (16%) Highest Month(s) November May November May (13%) (16%) (14%) (13%) 2017 ® Speed Fatal Interstate Crashes @ Speed Fatal Non -interstate Crashes V? ED Speed Serious Injury Interstate Crashes s Speed Serious Injury Non -interstate Crashes VU VIRGINIA TECH.. The blue gradient represents the density of a]I speed crashes. This report was generated by the Center for Gcospatial hffomialion Tectmolog.% ® Speed Fatal Interstate Crashes @ Speed Fatal Non -interstate Crashes V? ED Speed Serious Injury Interstate Crashes s Speed Serious Injury Non -interstate Crashes VU VIRGINIA TECH.. The blue gradient represents the density of a]I speed crashes. This report was generated by the Center for Gcospatial hffomialion Tectmolog.% Available Crash Data - Partial Year 2015 2016 2017 2018*' All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All Injury Crashes 160 180 255 175 Speed Crashes 95 125 137 113 Speed Fatal Crashes 3 3 1 3:00pm- 5:59pm 6:00am - 8:59am Highest Time Period(s) 9:00pm-11:59pm No Midnight - 2:59am 9:00am-11:59am (ssr) _ Speed _ _ (ss%) . (100%) Highest Day(s) Monday - Saturday Fatalities Saturday - Sunday Wednesday (66%) (66%) (100%) Highest Month(s) May February April (67%) (67%) (100%) Speed Serious Injury Crashes 7 a 3 3:00am - 5:59am 3:00pm- 5:59pm Highest Time Period(s) 6:00am - 8:59am 6:00pm- 8:59pm Noon- 2:59pm 3:00pm - 5:59pm (58%) (44%) (25%) (33%) Highest Day(s) Monday e Tuesday Wednesday Saturday - Tuesday Thursday (58%) (33%) '., (50%) '.. (33%) Highest Month(s) June a May February - January March June (86%) (44%) (38%) (50%) Speed Injury Crashes 37 42 60 39 3:00pm- 5:59pm Highest Time Period(s) 6:00am - 8:59am 9:00pm-11:59pm 3:00pm- 5:59pm 3:00pm - 5:59pm (48%) (21%) (25%) (31%) Highest Day(s) Monday Wednesday Saturday Monday (27%) (24%) (20%) (23%) Highest Month(s) May January a June May January (35%) (42%) (25%) (23%) * Speed Fatal Interstate Crashes ! Speed Fatal Non -interstate Crashes * Speed Serious Injury Interstate Crashes e Speed Serious Injury Non -interstate Crashes VT vtaerrvw. recti. The blue gradient represents the density of a]I speed crashes. This repon was generated by the " This report contains preliminary data. Ccnter for Geospatial htfomtation Technology GRANT PROCESSING REQUEST FOR Department of Finance DATE: 8131118 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Alcohol GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steven Williams 540.632.3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # M60T-2019.59168-9168 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement - Alcohol FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST $54,400.00 $27,200.00 $81,600.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? YIN N AMOUNT REIMBURSEMENT GRANT? YIN Y FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Raymond Torres PHONE: FAX: EMAIL: 540-777-5279 rtorres@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: 401PARMY www. dm Now. Mom HIGHWAY SAFETY GRANT AGREEMENT Virginia Departmentment oof Motor Vehicles Post Office Box 27412 Richmond. Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X920405dVA15 Project Title: Selective Enforcement - Alcohol Project Number: M60T-2019-59168-9168 Assistance Listings #: 20.616 Grant Award Amount: $ 54,400.00 Assistance Listings Name: National Priority Safety Programs f i _t O _g-= a 14 ,400,010 ai ,.3...d t, ,00 Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement'), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: r� Lky ol t, r�) and Title f Project Director ( nt) Signature Date Subrecipient's DUNS Number Does your locality/legal entity expend$750,000 or more annually in total federal funds? (check one) ' Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date O C O C) 3 O O C) O '. O � W N N P N IN O N ' ai C o 0 O o GLL 3 0 O O O G! E "t O LO LL O w w N co:) O O -. Q O FO- V o 0 0 P 't O N O C14 ' ep go G 'O 0 66 C7 O > O N 0,:s d n N O r r �f G1 -U r y C O J ui O O1 c. N V C. G► d } m w O a �I U L + N L U U O m C O C C O U O � N 7O i. SO O -U C .i c (��� O U C N � 0 O i ld U) ®N @ o U E O > rO N c C 0, C 0 0 N - f0 N fig .I J � r � F- 7 LL Gb t0 r d � N W - r F O C \ C' c C C N C U TSS 012A -AL (07101/2018) Page 3 Sub -recipient Name: Ak`�.. Project#; 1. Goals and Specific Program Elements, The goals and specific program elements of the sub -recipient's propo are incorporated as the first item in this Statement of Work and Special Conditions. I I �111 lel! I III lit ;�r Islip ,TOM; Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols Estimated 300" number of overtime hours to be used Estimated 9 number of checkpoints Estimated LO number of saturationlindividual patrols Estimated L number of overtime hours to be used Estimated number of checkpoints Estimated -!L— number of saturation/individual patrols Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols b. To conduct a minimum of V checkpoints and/or /0 saturation/individual patrols during the Click It or Ticket Mobilization period in —May 2019. c. To conduct a minimum of checkpoints and/or saturation patrols for the mandatory Checkpoint Strike Force Campaign. d. To have number of sworn officers attend 2— number DMV approved traffic safety-related training events (ei Conference, Virginia Highway Safety Summit, Field Sobriety Testing). e. Increase from number of radar units in active use from Wto (if approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). f. Increase from number of breath testing units in active use from to (if approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019).-- 7 Project Director Initial Date TSS 012A -AL (07/01/2018) Page 3A Sub -recipient Name-' jaa1,,,,4,1 Project lick STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AG E N CY G OAL:To \4 Al CA6A -Iriorn 6" W conv-.�4A-6 i'V(- Must participate in Checkpoint Strike Force (CPSF)/Drive Sober or Get Pulled Over (DSOGPO) activities. BASED ON ALCOHOL-RELATED CRASH DATA (using crash data from VAHSO or other approved IoM crash information): I percent of alcohol selective enforcement activities are to be conducted between the hours of Zoo - 0 Vot" with special emphasis on the following days of the week: .7-A or, fqL , S,477 The remaining percent of selective enforcement hours may be scheduled during other Di approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates, • Sub -recipients must attend all mandatory DMV grant -related trainings. Mr, �111 it �11 - Project Director Initial Date TSS 0128 (07/01/2018) Page 4 GRANTHIGHWAY SAFETY AGREEMENT GENERALAND CONDITIONS Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 012B (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials J� TSS 012B (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials 7_ TSS 0126 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 30), complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0128 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the ;project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 0128 (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article S. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. C Project Director's Initials TSS 0126 (07/01/2018) Page 10 • The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. f No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. if Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 0126 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); ProjectDirector's Initials TSS 0128 (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 0128 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials qK,_, TSS 012B (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or aK"T ent Project Director's Initials 1 TSS 0128 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 To Subrecipient: mond, Virginia 23269-0001 Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials 01`� Roanoke Region August, 2018 Roanoke County Alcohol Crash Statistics Available Crash Data - Calendar Year 2014 2016 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 r11 Inlwy V1aw— Alcohol Crashes 65 57 67 68 Alcohol Fatal Crashes 2 4 2 2 6:00pm- 8:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm 9:00pm-11:59pm Midnight - 2:59am (100%) (50%) (100%) (100%) Highest Day(s) Saturday Friday • Monday Friday - Monday Friday a Thursday (100%) (50%) (100%) (100%) Highest Month(s) November May February - November April - November (100%) (50%) (100%) (100%) Alcohol Serious Injury Crashes 14 12 12 8 3:00pm- 5:59pm 6:00pm- 8:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm Midnight - 2:59am 6:00pm- 8:59pm (50%) (50%) (50%) (38%) Highest Day(s) Monday - Wednesday Saturday n Tuesday Sunday Saturday (42%) (50%) (50%) (38%) Highest Month(s) April . September February n June July December (42%) (34%) (42%) (25%) Alcohol Injury Crashes 31 27 36 33 r 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Time Period(s) 9:00pm- 11:59pm 9:00pm-11:59pm Midnight - 2:59am 6:00pm- 8:59pm (32%) (26%) (44%) (541/6) Highest Day(s) Friday • Monday Saturday Sunday Saturday (32%) (269/6) (36%) (27%) Highest Month(s) April • March September July May (32%) (19%) (19%) (18%) 2017 v �r V. r... •'r y.. •� rev{� r C n �38mlles - •� �°- A k ® Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes N? e Alcohol Serious Injury Interstate Crashes a Alcohol Serious Injury Non -interstate Crashes VU VIRGINIA TECH. The blue gradient represents the density of all alcohol crashes. Tms report — generated by me Center for Geospatial Information Technology Roanoke Region 30 29 August, 2018 30 Roanoke County Alcohol Crash Statistics 3 1 1 Report ojCrashes, jor January Is'- June 30th 9:00pm-11:59pm Available Crash Data - Partial Year 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All Injury Crashes 160 180 255 175 Alcohol Crashes 30 29 29 30 Alcohol Fatal Crashes 3 1 1 9:00pm-11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am No ..... (66%) _..._ (100%) (100%)....... Alcohol Highest Day(s) Friday w Monday Friday Thursday Fatalities (66%) (100%) (100%) Highest Month(s) May February April (67%) (100%) (100%) _ Alcohol Serious Injury Crashes 9 6 2 5 6:00pm- 8:59pm Highest Time Period(s) 9:00pm- 11:59pm 3:00am - 5:59am 9:00pm-11:59pm 3:00pm - 5:59pm (33%) (33%) (100%) (40%) Highest Day(s) Friday ® Saturday Sunday Saturday . Wednesday Sunday (44%) (33%) (100%) (40%) Highest Month(s) February • June February February ® January April (44%) (50%) (100%) (40%) Alcohol Injury Crashes 15 15 18 14 3:00am - 5:59am Highest Time Period(s) 9:00pm-11:59pm 9:00pm- 11:59pm 3:00pm- 5:59pm 9:00pm-11:59pm (40%) (549/6) (39%) (43%) Highest Day(s) Saturday Sunday Saturday Friday- Saturday (27%) (27%) (33%) (58%) Highest Month(s) March April May January • March (27%) (27%) (33%) (58%) 2017 ' f / <\ f n. A ® Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes ® Alcohol Serious Injury Interstate Crashes 0 Alcohol Serious Injury Non -interstate Crashes VF VIRGINIATECH- The blue gradient represents the density of all alcohol crashes. This repos rias gonerated by the ' This report contains preliminary data. Center for aeospaual information Technology. d5tamy www.dmvN ow.corn Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X920405dVA15 Project Title: Selective Enforcement - Alcohol Project Number: M60T-2019-59168-9168 Assistance Listings #: 20.616 Grant Award Amount: $ 54,400.00 Assistance Listings Name: National Priority Safety Programs dal 54,40' r,s Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: Name and Title oject Director (Vint) `Signature Date Subrecipient's DUNS Number �� os �6,/0 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) nature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date t o o 0 0 0 LL N CV r O N N N L C O O O C- ®:. LL ® O O O O '. C V E V O 3 � _LQ � a+ n N O O O A V O O :0 O V O N tG O r�, r :; LO N w H M C5 5 O N04 - Q tt I4 4. d 9a o r d '. CL L9 { > I 4� ® -� V1 O © � t1s � a �. co ca N a CL co � C > N c �o a N L U U � cp C 'c a c •@ o U _ o a m o a U cn M � o N C9 fn c � f O � N N o 00 :' sem+ p U ->O C fm C N 7 " iS? tf! > N G39 c ® C O) ®' d 0E -C U TSS 01 2A -AL (07/01/2018) Page 3 L (_ _ Sub -recipient - Project#: ' 'T C�- �... 1. Goals and Specific Program Elements. The goals and specific program elements of the sub-recipienCs proposal are incorporated as the first item in this Statement of Work and Special Conditions. For October 1, 2018 through December 31, 2018 Estimated number of overtime hours to be used Estimated number of checkpoints '7'stimated 5 U number of saturation/individual patrols For January 1, 2019 through March 31, 2019 Estimated '30o number of overtime hours to be used Estimated 9 number of checkpoints Estimated number of saturation/individual patrols ';�or April 1, 2019 through June 30, 2019 M Estimated �() 0 number of overtime hours to be uset' Estimated k–' number of checkpoints . Estimated -Av— number of saturation/individual patrols Jil Fill! I a Estimated It number of overtime hours to be usl Estimated number of checkpoints Estimated number of saturation/individual patrols b. To conduct a minimum of Z( checkpoints and/or /0 saturation/individual patrols during the Click It or Ticket Mobilization period in May 2019. c. To conduct a minimum of checkpoints and/or saturation patrols for the mandatory Checkpoint Strike Force Campaign, '2 d. To have number of sworn officers attend number DMV approved traffic safety-related training events (e,q. DUI Conference, Virginia Highway Safety Summit, Field Sobriety Testing). e. Increase from number of radar units in active use from f� to 0( a (if approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2®-19). f, Increase from number of breath 'testing units in active use from to (if approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). Project Director Initial Date TSS 012A AL (07101/2018) Page 3A Sub -recipient Name: project #: rigs STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AGE NCYGOAL:"�,�&j (e&--ce eif,erJ �-6�k-ef CkAmk,A�'e, 4114r) ",-I Jz I IV ' XVI BASED ON ALCOHOL-RELATED CRASH DATA (using crash date from VAHSO or other approved local crash information): :Z'5_ percent of alcohol selective enforcement activities are to be conducted between the hours of with special emphasis on the following days of the week, hd_171 5A F, aN The remaining S percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data -identified problem locations. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates, • Sub -recipients must attend all mandatory DMV grant -related trainings. ff TIVUM�3 Project Director Initial- Date TSS 012B (07101/2018) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for.radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials 2!�:L TSS 0128 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Troject Director's Initials TSS 0128 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the .Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials til TSS 0128 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 30), complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0126 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 0128 (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials TSS 0126 (07/01/2018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 0128 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials TSS 012B (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials` TSS 0128 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 0128 (07/01/2018) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 012B (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials" T TSS 012B (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. t Project Director's Initials Roanoke Region August, 2018 Roanoke County Alcohol Crash Statistics Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 '., All injury Crashes 329 345 421 477 Alcohol Crashes 65 57 67 68 Alcohol Fatal Crashes 2 4 2 2 6:00pm- 8:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm 9:00pm-11:59pm Midnight - 2:59am (100%) (50%) (100%) (100%) Highest Day(s) Saturday Friday . Monday Friday • Monday Friday a Thursday (100%) (50%) (100%) (100%) Highest Month(s) November May February • November April - November (100%) (50%) (100%) (100%) Alcohol Serious Injury Crashes 4 2 12 8 3:00pm- 5:59pm 6:00pm- 8:59pm .. Highest Time Period(s) 3:00pm- 5:59pm 9:00pm-11:59pm Midnight - 2:59am 6:00pm- 8:59pm '.. (50%) (50%) (50%) (38%) Highest Day(s) Monday - Wednesday Saturday - Tuesday Sunday Saturday (42%) (50%) (50%) (38%) Highest Month(s) April - September February a June July December (42%) (34%) (42%) (25%) Alcohol Injury Crashes 31 27 36 33 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm Midnight - 2:59am 6:00pm- 8:59pm (32%) (26%) (44%) (54%) Highest Day(s) Friday - Monday Saturday Sunday Saturday (32%) (26%) (36%) (27%) Highest Month(s) April • March September July May (32%) (19%) (19%) (18%) 2016 p- r \ i r 0 yyyyy F ai } f f .. u C z 2017 r \ yyyyy F ai C z 'i38 miles \ '.A ® Alcohol Fatal Interstate Crashes a Alcohol Fatal Non -interstate Crashes N� ® Alcohol Serious Injury Interstate Crashes 0 Alcohol Serious Injury Non -interstate Crashes VO VIRGINIA TECH. The blue gradient represents the density of all alcohol crashes. This report was generated by the center for Geospabal Information'rechnology Roanoke Region 30 29 '` August, 2018 30 Roanoke County Alcohol Crash Statistics 3 1 1 Report of Crashes for Januaty I" - June 30th 9:00pm- 11:59pm Available Crash Data - Partial Year 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All Injury Crashes 160 180 255 175 Alcohol Crashes 30 29 29 30 Alcohol Fatal Crashes 3 1 1 9:00pm- 11:59pm r r • -- Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am No _ (66%) (100%)_ (100%) _ Alcohol Highest Day(s) Friday - Monday Friday Thursday Fatalities (66%) (100%) (100%) Highest Month(s) May February April i (67%) (100%) (100%) Alcohol Serious Injury Crashes 9 Y r i 6:00pm- 8:59pm Highest Time Period(s) 9:00pm- 11:59pm 3:00am - 5:59am 9:00pm-11:59pm 3:00pm - 5:59pm (33%) (33%) (100%) (40%) Highest Day(s) Friday a Saturday Sunday Saturday • Wednesday Sunday (44%) (33%) (100%) (40%) Highest Month(s) February - June February February a January April ''. 1"%) (50%) (100%) (40%) Alcohol Injury Crashes 15 15 18 14 3:00am - 5:59am Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm 3:00pm- 5:59pm 9:00pm-11:59pm " (40%) (549/6) (39%) (43%) Highest Day(s) Saturday Sunday Saturday Friday • Saturday (27%) (27%) (33%) (58%) Highest Month(s) March April May January ® March (27%) (27%) (33%) (58%) 2017 j r r r • -- T ( x c - v i r i 2018* r r r • -- T ( x c - v i t n A ® Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes Alcohol Serious Injury Interstate Crashes Alcohol Serious Injury Non -interstate Crashes VF VIRGINIA TECH. The blue gradient represents the density of all alcohol crashes. This report was generated by the ' This report contains preliminary data. Center for Geospatial Information Technology GRANT PROCESSING REQUEST FORM Department of Finance DATE: 8131118 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement- Occupant Protection GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steven Williams 540.632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # FOP -2019.59094-9094 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement- Occupant Protection FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST $11,700.00 1 $5,850.00 $17,550.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Y ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? YIN N AMOUNT REIMBURSEMENT GRANT? YIN Y FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Raymond Torres PHONE: FAX: EMAIL: 540-777-5279 rtorres@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: www.dmvNow.com HIGHWAY SAFETY GRANT AGREEMENT Virginia Department of Motor Vehicles Post Office Box 27412 .Richmond. Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 69A37518300004020VA0 Project Title: Selective Enforcement - Occupant Protection Project Number: FOP -2019-59094-9094 Assistance Listings #: 20.600 Grant Award Amount: $ 11,700.00 Assistance Listings Name: State and CommunityHighway Safet_ Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: Name and T'�.� of Project Director (print) ) Signature Date Subrecipient's DUNS Number Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) '� Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature uate meq, a) U CLOp O O C O O � tl L LL W O M {meg LO O ' lA y > O V 0N G d L U t O7 O ' LL O 6 O O E O Q E > e U c 'a' a' > O m m o C W M a' p J �l LL r H O O O b ; t3 O CL In cq r LO meq, a) U ca � a) M r_ lA y > O V 0N G d L U ® L O E� E > e c 'a' a' > O m m Cl C W M r C7! J �l LL r b ; CL O i C L y L ALMk a) tm C m o 0 J O d CJ 0 o a � C - d C � C meq, a) U ca � a) 'O r_ E V 0N G d L U ® L O E� E > e c 'a' a' > O m m Cl C W 3 C7! J fn LL r b ; � C L ALMk a) tm m o 0 CJ 0 TSS 012E -OP (07/01/2018) Page 3A Sub -recipient Name: , rod j 3) Project #: Zai �P' S'�fLy a `l - °� Oct L0 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals. OCCUPANT PROTECTION STATEWIDE GOAL: Decrease unrestrained passenger vehicle occupant fatalities in all seating positions 12 percent from the 2016 calendar base year of 296 to 261 by December 31, 2019. AGENCY GOAL: I necue, 11ee5j-rcA,��� (�ic� e� � �`r ves �Tu" a -'n o') -o' VT tra I'lp • Sub -recipients must participate in the mandatory Click it or Ticket (CIOT) activities to include pre and post seatbelt surveys, and the reporting of citation data after enforcement periods. • Sub -recipients must submit Click it or Ticket (CIOT) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). • BASED ON UNRESTRAINED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved local crash information): � J/c percent of occupant protection selective enforcement activities are to be conducted between the hours of 000 -WO a)0 -yz'o 0 with special emphasis on the following days of the week: t Q The remaining '.4 - percent of selective enforcement hours may must be scheduled during other DMV approved identified high -crash time periods. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning its use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. Zero tolerance (no warnings) for violators during grant -funded overtime. Project Director Initial Date TSS 0128 (07/01/2018) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 0126 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 012B (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 0128 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement, E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the QMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials " TSS 012B (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this v✓ork. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 012B (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials TSS 0128 (07/01/2018) Page 10 • The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. if Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials �_ TSS 012B (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); zwProject Director's Initials TSS 0128 (07/01/2018) Page 12 3. Federal -Aid highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012B (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials ' TSS 0128 (07/01/2018) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 GFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 012B (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 RicbMond, Virginia 23269-0001 To Subreciplent: AA7JC Cboro:�, a S 9� Li a `l Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials 3?c Roanoke Region 34 27 38 August, 2018 Unrestrained -Related Fatal Crashes (fatalities) Roanoke County Unrestrained Crash Statistics 4 (4) Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes (fatalities) 4 (4) 9 (10) 5 (5) 7 (8) Serious Injury Crashes (injuries) 65 (73) 59 (66) 62 (73) 59 (64) All Injury Crashes (injuries) 329 (437) 345 (456) 427 (568) 477 (639) Unrestrained -Related Crashes 34 27 38 40 Unrestrained -Related Fatal Crashes (fatalities) 4 (4) 3 (3) 2 (3) 6:00am - 8:59am 6:00am - 8:59am Highest Time Period(s) No 9:00pm- 11:59pm 6:00pm- 8:59pm 9:00pm- 11:59pm Unrestrained (50%) (66%)_1 (100%) _ Highest Day(s) Fatalities Friday ® Monday Friday - Saturday Friday - Saturday (50%) (66%) (100%) Highest Month(s) May December February ® November (50%) (67%) (100%) Unrestrained -Related Serious Injury Crashes (injuries) 17 (17) O 1 (11; 9(s) 3:00pm- 5:59pm 9:00pm-11:59pm 6:00pm- 8:59pm Highest Time Period(s) 6:00pm- 8:59pm Noon- 2:59pm Noon- 2:59pm Midnight - 2:59am _ (48%) _. (66%) _ (36%)__ (66%)___ Highest Day(s) Monday - Sunday Monday o Saturday Saturday ® Wednesday Saturday (48%) (44%) (54%) (33%) Highest Month(s) August December ® May January December (240k) (44%) (18%) (44%) Unrestrained -Related Injury Crashes (injuries) 34 (57) 23 (34) 35 (55) 38 (53) 3:00pm- 5:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm Noon- 2:59pm 3:00pm- 5:59pm (24%) ! (44%) (23%) (24110) Highest Day(s) Friday Monday Friday Saturday (21%) (26%) (20%) (21%) Highest Month(s) August a February September December December - May (30%) (22%) (17%) (32%) 02017 ® Unnestrained-Related Fatal Interstate Crashes a Unrestrained -Related Fatal Non -interstate Crashes ® Unrestrained -Related Serious Injury Interstate Crashes Q Unrestrained -Related Serious Injury Non -interstate Crashes VIRGINIATECH. The blue gradient represents the density of all unrestrained -related crashes. This repom gen—ted by the Center for Geospatial Infomtation Technology Available Crash Data - Partial Year 2015 2016 2017 2018" All Crashes 503 593 692 604 Fatal Crashes (fatalities) 5 (6) 2 (2) 4 (5) 1 (2) Serious Injury Crashes (injuries) 33 (36) 26 (30) 21 (21) 22 (28) All Injury Crashes (injuries) 160 (222) 180 (247) 255 (343) 175 (230) Unrestrained -Related Crashes 13 16 19 14 Unrestrained -Related Fatal Crashes (fatalities) 3 (3) 1 (1) 1 (2) 1 (2) 9:00pm-11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm 6:00am - 8:59am 9:00am-11:59am (66%) (100%) (100%) (100%) Highest Day(s) Friday � Monday Friday Saturday Wednesday (66%) (100%) (100%) (100%) Highest Month(s) May February February April (67%) '... (100%) (100%) (100%) Unrestrained -Related Serious Injury Crashes (injuries) 6 (6) 1 (1) 6 (6) Highest Time Period(s) 9:00pm-11:59pm 3:00pm- 5:59pm Midnight - 2:59am 3:00pm - 5:59pm (60%) (40%) (100%) (33%) Highest Day(s) Wednesday Monday - Wednesday Wednesday Monday - Saturday (40%) (80%) (100%) (66%) Highest Month(s) May January March June - May (40%) (40%) (100%) (66%) Unrestrained -Related Injury Crashes (injuries) 10 (16) 15 (23) 18 (20) 13 (22) 6:00am - 8:59am 3:00pm- 5:59pm 3:00pm - 5:59pm Highest Time Period(s) 9:00pm-11:59pm 9:00pm- 11:59pm 9:00pm-11:59pm 9:00pm-11:59pm (60%) (27%) (44%) (62%) Highest Day(s) Monday - Saturday Sunday- Wednesday Monday - Saturday Monday (60%) (54%) (44%) (23%) Highest Month(s) May April - January May January (40%) (40%) (33%) (23%) 12017 12018- * Unrestrained -Related Fatal Interstate Crashes ® Unrestrained -Related Fatal Non -interstate Crashes * Unrestrained -Related Serious Injury Interstate Crashes s Unrestrained -Related Serious Injury Non -interstate Crashes VIRGINIATECH.. The blue gradient represents the density of all unrestrained -related crashes. This report n as generated by the * This report contains preliminary data. Center for Geospatial tnfornmtion Tectmotogy Ir www.dmvNpW.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 69A37518300004020VA0 Project Title: Selective Enforcement - Occupant Protection Project Number: FOP -2019-59094-9094 Assistance Listings #: 20.600 GrantAward Amount: $ 11,700.00 Assistance Listings Name: State and Community Highway Safety e" i ,t na ;.i ,y tCd$ k,' �': ' Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: Name Signature Director (print) Subrecipient's DUNS Number Date t,i o Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date c'yv o 0 0 7O u Lf) too o w o0 N 0o :ii P C C o Npp V so ee o 0 0 O =' LL 0 o p o C> ti -. LLQ r` � e- n o 0 a ci h V o i 00 in LO r ti. ci O C1 O m V � c� _d V t y > e `o r o r m o e — m � coo t: 0 com CL m y; IL a� U C c V m ti! L V : d N L U L C G C C > N > C e w N � J En w .. o. to N Y � _ _ LLL N nj c � O V m TSS 012E -OP (07/01/2018) Page 3 Sub -recipient Name: r Project #: �__0 .�i��� �"� �� e1c) CIL, 1. Goals and Specific Program Elements. The goals and specific program elements of the sub -recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2018 through December 31, 2018 Estimated 1 number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols For January 1, 2019 through March 31, 2019 Estimated 7Snumber of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols For April 1, 2019 through June 30, 2019 Estimated number of overtime hours to be used Estimated % number of checkpoints Estimated Y number of saturation/individual patrols For July 1, 2019 through September 30, 2019 Estimated number of overtime hours to be used Estimated number of checkpoints Estimated t number of saturation patrols b. To conduct a minimum of V checkpoints and/or saturation/individual patrols for the Click It or Ticket Mobilization in May 2019. c. To conduct a minimum of / checkpoints and/or saturation/individual patrols during the Checkpoint Strike Force Campaign. d. To have J6 number of sworn officers attend number DMV approved traffic safety related training _events (e.g. Virginia Highway Safety Summit, Small Agency Symposium). e. Increase from number of radar units in active use from to Pf . (If approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). Project Director f, Initial Date TSS 012E -OP (07/01/2018) Page 3A Sub -recipient Name: PV/UOK- Project #: PQ f _ j `r -S-10 `✓ _ 9 _'Ll 2. The sub -recipient must contribute to the overall State Highway Safety Plan goals. OCCUPANT PROTECTION STATEWIDE GOAL: Decrease unrestrained passenger vehicle occupant fatalities in all seating positions 12 percent from the 2016 calendar base year of 296 to 261 by December 31, 2019. AGENCY GOAL: H • Sub -recipients must participate in the mandatory Click it or Ticket (CIOT) activities to include pre and post seatbelt surveys, and the reporting of citation data after enforcement periods. • Sub -recipients must submit Click it or Ticket (CLOT) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). • BASED ON UNRESTRAINED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of occupant protection selective enforcement activities are to be conducted between the hours of I B�Zr _ i 3W ArJ 00 — 02,W with special emphasis on the following days of the week:. bic,Q, i 4hV14 The remaining percent of selective enforcement hours may must be scheduled during other DMV approved identified high -crash time periods. • Grant -funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning its use. • All sub -recipients must submit a completed monitoring report (TSS 14-A) to their DMV Grant Monitor by specific assigned dates. • Sub -recipients must attend all mandatory DMV grant -related trainings. Zero tolerance (no warnings) for violators during grant -funded overtime. Project Director Initial Date TSS 0128 (07/01/2018) Page 4 M c. I' .. ROM90101 U 0 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for. radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Director's Initials Project i ecto s Ino a s TSS 0126 (07/01/2018) Page 5 entity must be agreed upon t by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 012B (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials` TSS 0126 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. 1. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initis TSS 0126 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this vrork. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials 12:: TSS 0128 (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials TSS 0128 (07101/2018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 0126 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials Federal -Aid Highway Act of 1973, (23 U.S.C. Amendments of 1972, as amended (20 U.S.C. discrimination on the basis of sex); TSS 0128 (07/01/2018) Page 12 324 et seq.), and Title IX of the Education 1681-1683 and 1685-1686) (prohibit 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 0128 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. 1- - •- The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's (Initial TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 012B (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 0128 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. I . ► ��7T:»r_��[•]►I_1►f7�a3i77•�1II>Ai�l In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 232 9-0001 a To Subrecipient: �'�� 6\ice- a dL ci Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes (fatalities) 4 (4) 9 (10) 5 (5) 7 (8) Serious Injury Crashes (injuries) All LJ...., r, 'k—, 65 (73) 40n A47 59 (66) 4A9 /AGC\ 62 (73) A07 /cC 0\ 59 (64) A77 /COM 2016 ' Unrestrained -Related Crashes 34 27 38 40 Unrestrained -Related Fatal Crashes (fatalities) 4 (4) 3 (3) 2 (3) 6:00am - 8:59am 6:00am - 8:59am Highest Time Period(s) No 9:00pm- 11:59pm 6:00pm- 8:59pm 9:00pm- 11:59pm Unrestrained (So%) (ss%) (100%) Highest Day(s) Fatalities Friday s Monday Friday - Saturday Friday a Saturday (50%) (66%) (100%) Highest Month(s) May December February ® November (50%) (67%) (100%) Unrestrained -Related Serious Injury Crashes (injuries) 17 (1 7) (9) 11 (1-,) 9 ( ) 3:00pm- 5:59pm 9:00pm-11:59pm 6:00pm- 8:59pm Highest Time Period(s) 6:00pm- 8:59pm Noon- 2:59pm Noon- 2:59pm Midnight - 2:59am (48%) (66%) (36%) (66%) Highest Day(s) Monday ® Sunday Monday - Saturday Saturday ® Wednesday Saturday (48%) (44%) (54%) (33%) Highest Month(s) August December ® May January December (240!0) (44%) (18%) '.. (44%) Unrestrained -Related Injury Crashes (injuries) 34 (57) 23 (34) 35 (55) 38 (53) 3:00pm- 5:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm Noon- 2:59pm 3:00pm- 5:59pm (24%) (44%) (23%) (24%) Highest Day(s) Friday Monday Friday Saturday (21%) (26%) (20%) (21%) Highest Month(s) August a February September December December m May (30%) (22%) (17%) (32%) 2016 ' i i l ® Unrestrained -Related Fatal Interstate Crashes a Unrestrained -Related Fatal Non -interstate Crashes ® Unrestrained -Related Serious Injury Interstate Crashes o Unrestrained -Related Serious Injury Non -interstate Crashes VIRcminrecH. The blue gradient represents the density of all unrestrained -related crashes. 17us repon was generated by ate Center for Geospatial Information Technology Available Crash Data - Partial Year 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes (fatalities) 5 (6) 2 (2) 4 (5) 1 (2) Serious Injury Crashes (injuries) 33 (36) 26 (30) 21 (21) 22 (28) All Injury Crashes (injuries) 160 (222) 180 (247) 255 (343) 175 (230) Unrestrained -Related Crashes 13 16 19 14 Unrestrained -Related Fatal Crashes (fatalities) 3 (3) 1 (1) 1 (2) 1 (2) 9:00pm-11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm-11:59pm 6:00am - 8:59am 9:00am-11:59am (66%) (100%) (100%) (100%) Highest Day(s) Friday - Monday Friday Saturday Wednesday (66%) (100%) (100%) (100%) . Highest Month(s) May February February April (67%) (100%) (100%) (100%) Unrestrained -Related Serious Injury Crashes (injuries) (5 (l ( ( ) Highest Time Period(s) 9:00pm-11:59pm 3:00pm- 5:59pm Midnight - 2:59am 3:00pm - 5:59pm (60%) (40%) (100%) (33%) Highest Day(s) Wednesday Monday o Wednesday Wednesday Monday o Saturday (40%) (80%) (100%) (66%) Highest Month(s) May January March June a May (40%) (40%) (100%) (66%) Unrestrained -Related Injury Crashes (injuries) 10 (16) 15 (23) 18 (20) 13 (22) 6:00am - 8:59am 3:00pm- 5:59pm 3:00pm - 5:59pm Highest Time Period(s) 9:00pm-11:59pm 9:00pm- 11:59pm 9:00pm-11:59pm 9:00pm-11:59pm (60%) (27%) (44%) (62%) Highest Day(s) Monday 0 Saturday Sunday- Wednesday Monday - Saturday Monday (60%) (54%) (44%) (23%) Highest Month(s) May April o January May January (40%) (40%) (33%) (23%) 12018' ® Unrestrained -Related Fatal Interstate Crashes e Unrestrained -Related Fatal Non -interstate Crashes ® Unrestrained -Related Serious Injury Interstate Crashes o Unrestrained -Related Serious Injury Non -interstate Crashes VIRGINIA TECH. The blue gradient represents the density of all unrestrained -related crashes. This report nas generated by the This report contains preliminary data. Center for Geospatial Information Technology ACTION NO. ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Request to accept and allocate grant funds in the amount of $256,972.50 from the National Highway Traffic Safety Administration for the Roanoke Valley Driving Under the Influence (DUI) task force and the Drug Recognition Expert Grant Howard B. Hall Chief of Police Thomas C. Gates County Administrator Acceptance and allocation of $256,972.50 in total grant funding for the Roanoke Valley Driving Under the Influence (DUI) task force and Drug Recognition Expert Grant BACKGROUND: The use of DUI task forces to reduce the incidence of impaired driving has been commonplace in the State. Typically, DUI task forces have been funded for limited periods of time with funding provided by the Virginia Highway Safety Office. These task forces have been effective in reducing the most severe consequences of impaired driving. The Roanoke Valley experiences fewer DUI related fatalities than the National average. Regardless, the problem of impaired driving persists in our region. During the period of 2011 through 2013 there were 732 alcohol-related crashes in the four jurisdictions (County of Roanoke, City of Roanoke, City of Salem, and Town of Vinton) with 251 resulting in injuries. The members of the Task Force will be responsible for enforcement in all three jurisdictions based upon an analysis of impaired driving crashes. The Regional DUI Task Force was created in March 2017 with officers from Roanoke County, Roanoke City, Salem and Vinton Police Departments. These dedicated officers have arrested approximately 470 people for driving while impaired of alcohol and Page 1 of 2 approximately 123 people for driving while impaired of drugs throughout the Roanoke Valley. The Drug Recognitions Experts have conducted approximately 50 drug evaluations throughout the Roanoke Valley. DISCUSSION: The National Traffic Safety Administration awarded to the Roanoke County Police Department the following grants: 1. The Regional DUI Task Force Alcohol Grant in the amount of $148,055 2. The Regional DUI Task Force for the Drug Recognition Expert Grant in the amount of $108,917.50 Grant funds will be utilized for personnel, training and equipment costs associated with each grant program. FISCAL IMPACT: Awarded grant funds total $256,972.50 which includes a required local match of $51,394.50. Roanoke County's portion of the grant match requirement will be met by providing the fuel and vehicle maintenance necessary for its Task Force positions. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds to the Roanoke County Police Department in the amount of $256,972.50 from the National Highway Traffic Safety Administration. Page 2 of 2 GRANT PROCESSING . Department DATE: 0813112018 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE) GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steve Williams 540-632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # 20.607 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE) FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST 118,444.00 29,611.00 1148,055.00 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Yes ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? YIN No AMOUNT REIMBURSEMENT GRANT? YIN Yes FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Spencer D. Lewis PHONE: FAX: EMAIL: 540-524-8588 slewis@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: COMMONWEALTH of VIRGINIA Department of Motor Vehicles Richard D HolcombPost Office Box 27412 Commissioner 2300 West Broad Street Richmond, VA 23269-0001 August 1, 2018 Mr. Spencer Lewis Sergeant Roanoke County 5925 Cove Road. Roanoke, VA 24019 Dear Mr. Lewis: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Northam administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below has been approved for pass- through grant funding from the National Highway Traffic Safety Administration for Federal Fiscal Year (FFY) 2019. Project Number Project Title Amount Approved 154AL-2019-59195-9195 Roanoke Valley DLII Task Force - DRE $ 87,134.00 154AL-2019-59194-9194 Roanoke County DUI Task Force - Roanoke Valley $ 118,444.00 The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned grant monitor will be contacting you to provide the dates and locations for this mandatory training. You will receive the project agreement(s), scope of work, special conditions, and project budget during the training session. As the recipient of a FFY 2019 grant award, it is important that you read and follow the information carefully. If you have any questions regarding the conditions, please contact the grant monitor assigned to your grant. Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact that your project will have on making our roadways safer. Sincerely, Richard D. Holcomb RDH/sm Grant Monitor: Roanoke Region - Steven Williams Phone: (804) 497-7100 TDD: 1-800-272-9268 Website: www.dmvNOW.com www. dalWow.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X9205464VA17 Project Title: Roanoke County DUI Task Force - Roanoke Valley Project Number: 154AL-2019-59194-9194 Assistance Listings ##: 20.607 Grant Award Amount: $ 118,444.00 Assistance Listings Name: Alcohol Open Container Requirements ....:�'.zI iii�� � � i 4 .`: `1 ; _ '. o4ed , a' i, , i I 8 Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement . General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: Name and Title of Project Director (print) i- -L I i 1 Signature Date Subrecipient's DUNS Number Q Z 35 361 0 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) / Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature uate TSS 012A -AL (07/01/2018) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub Recipient: RoetnD4 C®unt�a P® ®cc Uclo Project Number: IS`/ A l.® Z015- 1. 15® 1. Goals and Specific Program Elements. The goals and specific program elements of the sub recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AGENCY GOAL: Ick rLE)UU 6 L C 0 0C iLrEL^rE) tA7ALiye lei THE RoAn/orc y,6 wE Y f rurn K a pi 2 ® n `To S i na 2015 , &.1)1 70 Q(-.) UU THE ALC o f/o ` WCWE SE21ouS IPJ1LJrLY CAAfH(f e20/1%96,aZoiI Togo lA/ zo15. TASK ID: 1 TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: • Staff a Multi jurisdictional DUI Task Force to include: ■ 1 full time Police Officer for DUI Squad assigned solely to patrol for DUI violations and other alcohol related traffic violations (from Roanoke County, Town of Vinton, Roanoke City and Salem City). ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Maintain equipment and support staff of the DUI Task Force: ■ To maintain police vehicle for use by DUI Task Force member ■ To maintain equipment for 1 Police Officer as members of the DUI Task Force ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 3 TASK DESCRIPTION: Training PERFORMANCE INDICATORS: To attend/conduct alcohol impaired driving training as approved by DMV Highway Safety Office Program Manager ESTIMATED COMPLETION DATE: 9/30/2019 Project Director I) L 3/ 1 if Initial batd TSS 012A -AL (07/01/2018) Page 3A TASK ID: 4 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: ® To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon impaired driving related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. ® To conduct individual patrols during high crash risk times and in high risk locations ® To conduct checkpoints to increase visibility of enforcement and apprehend alcohol/drug impaired drivers o BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): 75 percent of alcohol selective enforcement activities are to be conducted between the hours of 1 fto N- o 3o o with special emphasis on the following days of the week: Sono &Y— SA'rva!�,'Y The remaining V� percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. o Enforcement is to be conducted using data -identified problem locations. o Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 5 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 6 TASK DESCRIPTION: DMV grant related trainings. PERFORMANCE INDICATORS: To attend all mandatory DMV grant related trainings. ESTIMATED COMPLETION DATE: 9/30/2019 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of 1-1— checkpoints and/or 20 individual patrols for (during) the Click It or Ticket Mobilization period in May 2019. b. To conduct a minimum of 10 checkpoints and/or '10 individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director S ')t L- _) p w Initial Date TSS 0126 (0710112018) Page 4 RED I MCA, 77 vo T1 W Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for. radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials S )l TSS 0128 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials 5b L TSS 0126 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials �t TSS 012B (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. 1. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials L TSS 0128 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. if, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials S) L TSS 012B (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials �5� L TSS 012B (07/01/2018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials S)� TSS 0128 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 1. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials S b L TSS 0128 (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials S)L TSS 0126 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials 1bL TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initialsi L TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials S) `- TSS 012B (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subreciipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: 5"I.:r SE C -J t � n=A Sal '2-' & �cdot Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project D'irector's Initials S9 L Roanoke Region 57 67 August, 2018 Alcohol Fatal Crashes 2 Roanoke County Alcohol Crash Statistics 2 2 Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 All Injury Crashes 329 345 427 477 Alcohol Crashes 65 57 67 68 Alcohol Fatal Crashes 2 4 2 2 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Month(s) 9:00pm- 11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm 9:00pm- 11:59pm Midnight - 2:59am (100%) (50%) (100%) (100%) Highest Day(s) Saturday Friday - Monday Friday - Monday Friday - Thursday (100%) (50%) (100%) (100%) Highest Month(s) November May February • November April • November (100%) (50%) (100%) (100%) Alcohol Serious Injury Crashes 44 12 12 18 3:00pm- 5:59pm 6:00pm- 8:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm Midnight - 2:59am 6:00pm- 8:59pm (50%) (50%) (50%) (38%) Highest Day(s) Monday - Wednesday Saturday - Tuesday Sunday Saturday (42%) (50%) (50%) (38%) Highest Month(s) April - September February • June July December (42%) (34%) (42%) (25%) Alcohol Injury Crashes 31 27 36 33 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Time Period(s) 9:00pm- 11:59pm 9:00pm- 11:59pm Midnight - 2:59am 6:00pm- 8:59pm (32%) (26%) (44%) (54%) Highest Day(s) Friday - Monday Saturday Sunday Saturday (32%) (26%) (36%) (27%) Highest Month(s) April a March September July May (32%) (19%) (19%) (18%) 2017 .-•^tip � �--. v k� - r _ ... Y;38 mIIea .. L a Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes ® Alcohol Serious Injury Interstate Crashes a Alcohol Serious Injury Non -interstate Crashes VIRGINIA TECH. The blue gradient represents the density of all alcohol crashes. This report — generated by the Ceuta Po, Goospstisl hlfonuutiou Technology Roanoke Region 30 29 August, 2018' 30 Roanoke County Alcohol Crash Statistics 3 1 1 Report gft'rashesfgrJanuary I" -June All x 9:00pm- 11:59pm Available Crash Data - Partial Year ' 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All Injury Crashes 160 180 255 175 Alcohol Crashes 30 29 29 30 Alcohol Fatal Crashes 3 1 1 x 9:00pm- 11:59pm u! \ Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am No (66%) (100%) (100%) Alcohol Highest Day(s) Friday • Monday Friday Thursday Fatalities (66%) (100%) (100%) Highest Month(s) May February April (57%) (100%) (100%) Alcohol Serious Injury Crashes 9 3 2 5 a ` \ Vii.. 6:00pm- 8:59pm C Highest Time Period(s) 9:00pm- 11:59pm 3:00am - 5:59am 9:00pm-11:59pm 3:00pm - 5:59pm (33%) (33%) (100%) (40%) Highest Day(s) Friday ® Saturday Sunday Saturday ® Wednesday Sunday (44%) (33%) (100%) '.. (40%) Highest Month(s) February • June February February • January April (44%) (50%) (100%) (40%) Alcohol Injury Crashes 15 15 18 14 3:00am - 5:59am Highest Time Period(s) 9:00pm- 11:59pm 9:00pm-11:59pm 3:00pm- 5:59pm 9:00pm - 11:59pm (40%) (549/6) (39%) (43%) Highest Day(s) Saturday Sunday Saturday Friday w Saturday (27%) (279%) (33%) (58%) Highest Month(s) March April May January ^ March (270/6) (27%) (33%) (58%) 2017 ' r >' x u! \ 1 c zz --- � f m� Y a ` \ Vii.. C ) 2018" >' x u! \ 1 c zz --- C ) l \ � r ® Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes vU * Alcohol Serious Injury Interstate Crashes 0 Alcohol Serious Injury Non -interstate Crashes VIRGIHIArECH. The blue gradient represents the density of all alcohol crashes. This report was generated by the ° This report contains preliminary data. eenterferGwspaeatfnf—ti—Twhnemgy www.dmvNow.com Virginia Department of Motor Vehicles Past Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X9205464VA17 Project Title: Roanoke County DUI Task Force - Roanoke Valley Project Number: 154AL-2019-59194-9194 Assistance Listings #: 20.607 Grant Award Amount: $ 118,444.00 Assistance Listings Name: Alcohol Open Container Requirements 00 of r, , r $ 1 .p q4 , Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies . Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: ,.i e qx Lcv-i5, r i Name and Title of Project Director (print) Ignature Dat Subrecipient's DUNS Number OU Z `3G, ID Does your locality/legal entity expend $75,0,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature uate TSS 012A -AL (07/01/2018) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub Recipient: _Roanog& (6Qr14y po'ecc Ut,6f. Project Number: 150 -IAL -2011- 55/9`/- 9f 9e/ 1. Goals and Specific Program Elements. The goals and specific program elements of the sub recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AGENCY GOAL: /� To YUE Lc UU AoH®L kreLATE� tArALIT/ES 1g17HC AAAIoKE VALLLcV E✓tam K e,,,j 2® n To S ',, 2o15. AL)-%) Res)ucc fa acoflac zLe re) S�c,2e0 It1:70aY CAA fW F20/1` R('N Zos 7 -td Io 2015. TASK ID: 1 TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: • Staff a Multi -jurisdictional DUI Task Force to include: ■ 1 full time Police Officer for DUI Squad assigned solely to patrol for DUI violations and other alcohol related traffic violations (from Roanoke County, Town of Vinton, Roanoke City and Salem City). ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Maintain equipment and support staff of the DUI Task Force: ■ To maintain police vehicle for use by DUI Task Force member ■ To maintain equipment for 1 Police Officer as members of the DUI Task Force ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 3 TASK DESCRIPTION: Training PERFORMANCE INDICATORS: To attend/conduct alcohol impaired driving training as approved by DMV Highway Safety Office Program Manager ESTIMATED COMPLETION DATE: 9/30/2019 Project Director ) L -qO 3, if Initial ate TSS 012A -AL (07/01/2018) Page 3A TASK ID: 4 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: ® To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon impaired driving related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. • To conduct individual patrols during high crash risk times and in high risk locations ® To conduct checkpoints to increase visibility of enforcement and apprehend alcohol/drug impaired drivers 0 BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): 75 percent of alcohol selective enforcement activities are to be conducted between the hours of Ji b0 r- o' SC C) with special emphasis on the following days of the week: 5Q'Y"hAw., fVaIhY The remaining 2", percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. 0 Enforcement is to be conducted using data -identified problem locations. 0 Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 5 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 6 TASK DESCRIPTION: DMV grant related trainings. PERFORMANCE INDICATORS: To attend all mandatory DMV grant related trainings. ESTIMATED COMPLETION DATE: 9/30/2019 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of `'l_ checkpoints and/or 20 individual patrols for (during) the Click It or Ticket Mobilization period in May 2019. b. To conduct a minimum of 10 checkpoints and/or '10 individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director I U- 4f 1 I'V Initial Date TSS 0128 (07/01/2018) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials 'SL- TSS 0128 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financia/ Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.gov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials 1 `- TSS 0128 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAVAS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials 5bL TSS 012B (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials S L TSS 0126 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials L TSS 0128 (07/01/2018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. �-KGIZ-111-1 The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials S D t TSS 012B (07/01/2018) Page 10 i The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials S L TSS 0126 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 1. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials L TSS 0126 (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials Sb L- TSS 012B (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials ! ' ib L TSS 012B (07/01/2018) Page 14 It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials S ), I- TSS 012B (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials 5 J L TSS 0126 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: 5,( --f & o c�i cc YL ) w i S y k 2gDI c/ J Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials _ S p L- Roanoke Region 30 29 August, 2018 ; 30 Roanoke County Alcohol Crash Statistics 3 1 1 Report gf Crashes.for January I"' -June 30th �a 9:00pm-11:59pm Available Crash Data - Partial Year 2015 2016 2017 2018* All Crashes 503 593 692 604 Fatal Crashes 5 2 4 1 Serious Injury Crashes 33 26 21 22 All injury Crashes 160 180 255 175 Alcohol Crashes 30 29 29 30 Alcohol Fatal Crashes 3 1 1 �a 9:00pm-11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm Midnight - 2:59am No ..... (66%) (100%) (100%)....... Alcohol Highest Day(s) Friday a Monday Friday Thursday Fatalities (66%) (100%) (100%) Highest Month(s) May February April (67%) (100%) (100%) Alcohol Serious Injury Crashes 9 6 2 5 6:00pm- 8:59pm Highest Time Period(s) 9:00pm-11:59pm 3:00am - 5:59am 9:00pm-11:59pm 3:00pm - 5:59pm (33%) (33%) (100%) (40%) Highest Day(s) Friday a Saturday Sunday Saturday ® Wednesday Sunday (44%) (33%) (100%) (40%) Highest Month(s) February ® June February February - January April (449/6) (50%) (100%) (40%) Alcohol Injury Crashes 15 15 18 14 3:00am - 5:59am Highest Time Period(s) 9:00pm-11:59pm 9:00pm- 11:59pm 3:00pm- 5:59pm 9:00pm-11:59pm (40%) (54%) (39%) (43%) Highest Day(s) Saturday Sunday Saturday Friday a Saturday (27%) (27%) (33%) (58%) Highest Month(s) March April May January ^ March (27%) (27%) (33%) (58%) 2017 ,m �a v / � ✓ F J i i mles�"ta, 2018* a, v / � ✓ J i ..A ® Alcohol Fatal Interstate Crashes ® Alcohol Fatal Non -interstate Crashes e) Alcohol Serious Injury Interstate Crashes 0 Alcohol Serious Injury Non -interstate Crashes VIRVZ_7CH- The blue gradient represents the density of all alcohol crashes. This report we, generated by the * This report contains preliminary data- Center for Geospetial Information Technology Roanoke Region 65 57 August, 2018 68 Roanoke County Alcohol Crash Statistics 2 4 Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1037 1155 1343 1458 Fatal Crashes 4 9 5 7 Serious Injury Crashes 65 59 62 59 All Ininry r.rnrhP_r 329 345 427 477 Alcohol Crashes 65 57 67 68 Alcohol Fatal Crashes 2 4 2 2 6:00pm- 8:59pm 3:00pm- 5:59pm 9:00pm- 11:59pm Highest Time Period(s) Midnight - 2:59am 9:00pm- 11:59pm 9:00pm-11:59pm Midnight - 2:59am (100%) (50%) (100%) (100%) Highest Day(s) Saturday Friday • Monday Friday • Monday Friday - Thursday (100%) - (50%) (100%) (100%) Highest Month(s) November May February • November April • November (100%) (50%) (100%) (100%) Alcohol Serious Injury Crashes 14 '12 2 3:00pm- 5:59pm 6:00pm- 8:59pm Highest Time Period(s) 3:00pm- 5:59pm 9:00pm- 11:59pm Midnight - 2:59am 6:00pm- 8:59pm (50%) (50%) (50%) (38%) Highest Day(s) Monday - Wednesday Saturday - Tuesday Sunday Saturday (42%) (50%) (50%) (38%) Highest Month(s) April • September February - June July December (42%) (34%) (42%) (25%) Alcohol Injury Crashes 31 27 36 33 6:00pm- 8:59pm 3:00pm- 5:59pm Highest Time Period(s) 9:00pm- 11:59pm 9:00pm-11:59pm Midnight - 2:59am 6:00pm- 8:59pm (32%) (26%) (44%) (54%) Highest Day(s) Friday • Monday Saturday Sunday Saturday (32%) (26%) (36%) (27%) Highest Month(s) April < March September July May (32%) (19%) (19%) (18%) ® Alcohol Fatal Interstate Crashes a Alcohol Fatal Non -interstate Crashes V' ® Alcohol Serious Injury Interstate Crashes a Alcohol Serious Injury Non -interstate Crashes VIRGINIA TECH. The blue gradient represents the density of all alcohol crashes. This mport `vns generated by me Cc— for Geospatiel Information Tech-1,gy GRANT PROCESSING REQUEST FORM Department of Finance DATE : 0813112018 DEPARTMENT: Police GRANT PROGRAM: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE - DRE) GRANTING AGENCY: AGENCY CONTACT: AGENCY PHONE NO: Department of Motor Vehicles Steve Williams 540-632-3042 EXAMPLE OF NUMBER IF FEDERAL GRANT... CFDA # 20.607 Dept: Department of Education (Agency No.) 84.XXX (Grant Program No.) PROGRAM TITLE: Selective Enforcement - Alcohol (ROANOKE VALLEY DUI TASK FORCE) FUNDING REQUEST: FEDERAL STATE LOCAL MATCH OTHER TOTAL REQUEST 87,134.00 21,783.50 108,917.50 IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? YIN Yes ACCOUNT TO WHICH THE MATCH WILL BE CODED: In -Kind -Fuel and Vehicle Maintenance INDIRECT COSTS? YIN No AMOUNT REIMBURSEMENT GRANT? YIN Yes FINANCIAL & PROGRESS REPORTS PREPARED BY: REQUEST FOR FUNDS SUBMITTED BY: X Department Finance X Department Finance PROJECT DIRECTOR: Spencer D. Lewis PHONE: FAX: EMAIL: 540-524-8588 siewis@roanokecountyva.gov DEPT. DIRECTOR OR THEIR DESIGNEE SIGNATURE: DATE: APPROVING SUBMISSON: REVIEWED & APPROVED BY FINANCE: SIGNATURE: DATE: REVIEWED & APPROVED BY COUNTY SIGNATURE: DATE: ADMINISTRATION: COMMONWEALTH MONWEALTH ®f VIRGINIA Department of Motor Vehicles Richard ®IC®1'nb Post Office Box 27412 Commissioner 2300 West Broad Street Richmond, VA 23269-0001 August 1, 2018 Mr. Spencer Lewis Sergeant Roanoke County 5925 Cove Road. Roanoke, VA 24019 Dear Mr. Lewis: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Northam administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below has been approved for pass- through grant funding from the National Highway Traffic Safety Administration for Federal Fiscal Year (FFY) 2019. Project Number Project Title Amount Approved 154AL-2019-59195-9195 Roanoke Valley DUI Task Force - DRE $ 87,134.00 154AL-2019-59194-9194 Roanoke County DUI Task Force - Roanoke Valley $ 118,444.00 The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned grant monitor will be contacting you to provide the dates and locations for this mandatory training. You will receive the project agreement(s), scope of work, special conditions, and project budget during the training session. As the recipient of a FFY 2019 grant award, it is important that you read and follow the information carefully. If you have any questions regarding the conditions, please contact the grant monitor assigned to your grant. Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact that your project will have on making our roadways safer. Sincerely, Richard D. Holcomb RDH/sm Grant Monitor: Roanoke Region - Steven Williams Phone: (804) 497-7100 TDD: 1-800-272-9268 Website: www.dmvNOW.com Core Outcome Performance Measures Fatalities"I Decrease traffic fatalities 0.4 percent from the 2017 calendar base year of 843 to 840 by December 31, 2019. serious Injuries I Target is 7,689 by December 31, 2019. FatalitiesNMT Decrease fatalities per 100 M VMT 4 percent from the 2017 calendar base year of 0.98 to 0.94 by December 31, 2019. Unrestrained Passenger Decrease unrestrained passenger vehicle occupant fatalities in all seating Vehicle Occupantpositions 12 percent from the 2016 calendar base year of 296 to 261 by Fatalities December 31, 2019. Alcohol Impaired Driving Decrease alcohol impaired driving fatalities 3 percent from the 2016 Fatalities calendar base year of 220 to 214 by December 31, 2019. Speed -Related Fatalities Decrease speed -related fatalities 7 percent from the 2016 calendar base year of 316 to 294 by December 31, 2019. Motorcyclist Fatalities Decrease motorcyclist fatalities 11 percent from the 2016 calendar base year of 79 to 70 by December 31, 2019. Unhelmeted Motorcyclist Decrease unhelmeted motorcyclist fatalities from the 2017 calendar base Fatalities year of 1 to 0 by December 31, 2019. Drivers Age 20 or Decrease drivers age 20 or younger involved in fatal crashes 14 percent from Younger Involved in Fatal ' the 2016 calendar base year of 89 to 77 by December 31, 2019. Crashes Pedestrian Fatalities Reduce pedestrian fatalities 33 percent from the 2016 calendar base year of 122 to 82 by December 31, 2019. Bicyclist Fatalities ' Reduce bicyclist fatalities 10 percent from the 2016 calendar base year of 10 to 9 by December 31, 2019. Core Behavior Performance Measure Observed Seat Belt Use Increase statewide observed seat belt use of front seat outboard occupants in Rate passenger vehicles 2 percent from the 2017 calendar year base usage rate of 85.3 percent to 87.0 percent by December 31, 2019. Other Performance Measures Drugged Driver Fatalities Reduce drugged driver fatalities 9 percent from the 2016 calendar base year of 23 to 21 by December 31, 2019. Distracted Driver Reduce distracted driver fatalities 6 percent from the 2016 calendar base year Fatalities of 102 to 96 by December 31, 2019. Drowsy Driver Fatalities Reduce drowsy driver fatalities 10 percent from the 2016 calendar base year of 10 to 9 by December 31, 2019. PfT Now -00M HIGHWAYVirginia Department of Motor Vehicles SAFETY GRANT AGREEMENT Post Office Box 27412 Richmond. Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X9205464VA17 Project Title: Roanoke Valley DUI Task Force - DRE Project Number: 154AL-2019-59195-9195 Assistance Listings #: 20.607 Grant Award Amount: $ 87,134.00 Assistance Listings Name: Alcohol Open Container Requirements " of ufi � eder r Os C 87,134,00 Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. For Subrecipient: For Virginia Department of Motor Vehicles: ,Sp"ic--ft_ ,,, 'SciLA, John Saunders Name and Title of Project Director (print) Director, Virginia Highway Safety Office (print) ..� 3► j �' 'Signature Dae I Signature Date Subrecipient's DUNS Number 23 3 300 Does your locality/legal entity expend $7 0,000 or more annually in total federal funds? (check one) Yes No Name and Title of Authorized Approving Official (print) Signature Date TSS 012A -AL (07/01/2018) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub Recipient: l nb& (QVntV -Y®1,°eL h14 -f, Project Number: I5yA4l jLo0- S 19S- 9195 1. Goals and Specific Program Elements. The goals and specific program elements of the sub recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AGENCY GOAL: 7f0 ft)QU ALCO140L agLA7E) FA7ALIT16S IAJ -f/YC V70Ar✓09E VALL Y F Ro- Fl 1,- 7011 T® S ).+ Zo a9. AA)) 10 ROuCL ?g( AL COO( 9E(A7E1) $EeQ►bcr$ tJr�7�c ("U(J EaOIA S'1(9 W ZQQ T® r10 IV 20)9,• )&J A)Y r T ibal To I gV&GE) aeLk%E) 1'a7-AL,71; A V � SE410IJS 14)7un.7 C&A 5N64 AS F#,P Y LA 7C To aM PA 146 TASK ID: 1 14J (tjf, OAaoKe VA`LcY. TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: • Staff a Multi -jurisdictional DUI Task Force to include: ■ 1 full time Drug Recognition Expert (DRE) trained Police Officer for DUI Squad assigned solely to patrol for impaired driving violations and other alcohol related traffic violations (from Roanoke County, Roanoke City and Salem City). ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Maintain equipment and support staff of the DUI Task Force: ■ To maintain police vehicle for use by DUI Task Force member ■ To maintain equipment for 1 Police Officer/DRE as members of the DUI Task Force ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 3 TASK DESCRIPTION: Training PERFORMANCE INDICATORS: To attend/conduct impaired driving training as approved by DMV Highway Safety Office Program Manager ESTIMATED COMPLETION DATE: 9/30/2019 Project Director S b L 3 r Initial Dat � P',q .r(, 1)121irVJ4 (,A4ttff TSS 012A -AL (07/01/2018) Page 3A TASK ID: 4 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: ® To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon alcohol- related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. ■ To conduct individual patrols during high crash risk times and in high risk locations ■ To conduct checkpoints to increase visibility of enforcement and apprehend alcohol impaired drivers 0 BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of alcohol selective enforcement activities are to be conducted between the hours of I 0 ,300 with special emphasis on the following days of the week: The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. o Enforcement is to be conducted using data -identified problem locations. 0 Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 5 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 6 TASK DESCRIPTION: DMV grant related trainings. PERFORMANCE INDICATORS: To attend all mandatory DMV grant related trainings. ESTIMATED COMPLETION DATE: 9/30/2019 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of checkpoints and/or _O individual patrols for (during) the Click It or Ticket Mobilization period in May 2019. b. To conduct a minimum of 10 checkpoints and/or 20 individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director L f Initial Date TSS 0128 (07/01/2018) Page 4 Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for, radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polis; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the,Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials 'I TSS 0126 (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5, Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financia! Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.aov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials l TSS 012B (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials _])L- TSS 012B (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 012B (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this 4vork. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials — %L_ TSS 0128 (07/01/2018) Page 9 M lywrou1! \,• • Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials : L TSS 0128 (07/01/2018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials SQL TSS 0128 (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2, The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials TSS 0128 (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles If and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity— Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials SIL- TSS 0126 (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. Article 22. DRUG-FREE WORKPLACE The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials 75� L TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement, imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots")lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials S, L TSS 0128 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. O 1111 • -• • A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: 5 C�'i'Q S 2 f--it-L(L [ + 6�^e% LL , VA 2-gQ19 Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials www. drnWow-com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virqinia 23220, and the followinq: Subrecipient: Federal Award Identification Number (FAIN): Roanoke County 18X9205464VA17 Project Title: Roanoke Valley DUI Task Force - DRE Project Number: 154AL-2019-59195-9195 Assistance Listings #: 20.607 Grant Award Amount: $ 87,134.00 Assistance Listings Name: Alcohol Open Container Requirements ;. Y ,. fW $ C � '.i r Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL Date of Award Letter from NHTSA: September 30, 2018 VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: Name and Title of Project Director (print) Si6n--atb re Dalb Subrecipient's DUNS Number QU 2.3 ' e I Does your locality/legal entity expend 17 000 or more annually in total federal funds? (check one) l Yes No Name and Title of Authorized Approving Official (print) Signature Date For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date TSS 012A -AL (0 710 112 0 1 8) Page 3 STATEMENT OF WORK AND SPECIAL CONDITIONS Sub Recipient: Lno& (Oun?v -YnI cL -b�f. Project Number: )514A L -7019- Sti 195- 9195 1. Goals and Specific Program Elements. The goals and specific program elements of the sub recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2019. AGENCY GOAL: TO COUCC ALCOJ40L i2ELA7'E) FA7AL1716S IBJ 7/14 00,41 -10V00,41 -10V VAULY r(to M V ►N 70I1 To 5)-j ZoIq, Ap,To 2E)UCC THE ALCOHOL YZEALe') $EQ►®LrS 4.ra-j�r UAS110 E&2m %g iy 2017 7o g0 I&I ZoIS„ I&J A), fnQA.J To ")I I C 1)12uGGE� 2E1�?Ei +A-rAC/ri AN) SC,1100S lk):Fu .i C&45146s AS TFff)' "LAIC ?o (m fAloce) TASK ID: 1 la 1llE RanN®f-c VAe-L4'1. TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: Staff a Multi -jurisdictional DUI Task Force to include: ■ 1 full time Drug Recognition Expert (DRE) trained Police Officer for DUI Squad assigned solely to patrol for impaired driving violations and other alcohol related traffic violations (from Roanoke County, Roanoke City and Salem City). ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Maintain equipment and support staff of the DUI Task Force: ■ To maintain police vehicle for use by DUI Task Force member ■ To maintain equipment for 1 Police Officer/DRE as members of the DUI Task Force ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 3 TASK DESCRIPTION: Training PERFORMANCE INDICATORS: To attend/conduct impaired driving training as approved by DMV Highway Safety Office Program Manager, ESTIMATED COMPLETION DATE: 9/30/2019 Project Director sbL 03111g - Initial Dat IZiVW(. )10,4NG bt*sh6f TSS 012A -AL (07/01/2018) Page 3A TASK ID: 4 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: ® To deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon alcohol- related crash data, enforcement data, as well as during special events known for increasing the chance of impaired drivers. ® To conduct individual patrols during high crash risk times and in high risk locations ® To conduct checkpoints to increase visibility of enforcement and apprehend alcohol impaired drivers o BASED ON ALCOHOL RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of alcohol selective enforcement activities are to be conducted between the hours of } -oo" "300 with special emphasis on the following days of the week: The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. o Enforcement is to be conducted using data -identified problem locations. o Zero tolerance (no warnings) for violators during grant -funded work time. ESTIMATED COMPLETION DATE: 9/30/2019 TASK ID: 5 TASK DESCRIPTION: Submit a completed required progress report each quarter to DMV Grant Monitor by specific assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIMATED COMPLETION DATE: Assigned date for each quarter TASK ID: 6 TASK DESCRIPTION: DMV grant related trainings. PERFORMANCE INDICATORS: To attend all mandatory DMV grant related trainings. ESTIMATED COMPLETION DATE: 9/30/2019 2. State any special programmatic requirements here; e.g., Click It or Ticket Mobilizations must be conducted during a specified time period during the grant year. a. To conduct a minimum of �-) checkpoints and/or 70 individual patrols for (during) the Click It or Ticket Mobilization period in May 2019. b. To conduct a minimum of 60 checkpoints and/or 20 individual patrols for the mandatory Checkpoint Strike Force Campaign. Project Director Initial Efate TSS 012B (0710112018) Page 4 ttla 1AN &6VU �. • •� Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non-profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post -surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for.radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call-in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre -approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non -expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials Tt� TSS 012B (07/01/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow-up, changes/problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98-502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at http://harvester.census.ciov/sac/. Failure to meet the single audit requirements could result in your entity having to repay grant monies and/or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials I L TSS 0128 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2-3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 0126 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H. The Subrecipient will provide a monetary and/or in-kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty- five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials L TSS 0128 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de -obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de -obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials S1 TSS 0128 (07/01/2018) Page 9 Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials S TSS 0128 (07/0112018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials S�L TSS 012B (07/01/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2-2822 and Executive Memorandum 4-95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials L G3 TSS 0126 (07/01/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). The Subrecipient entity — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012B (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies; the Subrecipient will not be eligible to receive funding. The Subrecipient certifies that it will provide a drug-free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials � L TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials 'Z�) L TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website/webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials S L TSS 0126 (07/01/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269-0001 To Subrecipient: / ,i, poiavt- LE:®atS Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials S( L- ACTION NO. ITEM NO. J.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 25, 2018 Resolution requesting acceptance of Millwheel Drive, Foxfield Lane, Millwood Drive, Russlen Drive, and Woods Meadow Lane into the Virginia Department of Transportation Secondary System Tarek Moneir Acting Director of Development Services APPROVED BY: Thomas C. Gates County Administrator ISSUE: Resolution requesting the Virginia Department of Transportation (VDOT) accept Millwheel Drive, Foxfield Lane, Millwood Drive, Russlen Drive and Woods Meadow Lane into the Virginia Department of Transportation System. BACKGROUND: The County of Roanoke is requesting that the Board of Supervisors approve a resolution requesting that the Virginia Department of Transportation (VDOT) accept, as described by the AM -4.3, 0.32 mile of Millwheel Drive from the intersection of River Oaks Drive (VA SEC. Route # 1477) to the intersection of Russlen Drive; 0.18 mile of Foxfield Lane from the intersection at the 2300 block of Millwheel Drive to the intersection at the 2400 block of Millwheel Drive; 0.074 mile of Millwood Drive from the intersection with Millwheel Drive to the intersection with High Gate Lane (VA SEC. Route # 1473); 0.27 mile of Russlen Drive from the intersection with Millwheel Drive to its cul-de-sac; and, 0.24 mile of Woods Meadow Lane from the intersection with Russlen Drive to its cul-de-sac. These roads are located within Russlen Farms in the Catawba Magisterial Disctrict. See attached Exhibit "A" for exact locations. DISCUSSION: The staff has inspected these roads along with representatives of the Virginia Page 1 of 2 Department of Transportation. The roads have been deemed acceptable for inclusion in the VDOT system. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: The staff recommends approval of the attached resolution. Page 2 of 2 i VICINITYMAP _J I _ ,.�, ,mow, yler' C.}ice iL•fpj~�x�_1.�� ' t,'. DESCRIPTION Millwheel Drive from the intersection with River Oaks Drive to the intersection with Russian Drive Foxfield Lane from the intersection at the 2300 block of Millwheel Drive to the intersection at the 2400 block of Millwheel Drive Millwood Drive from the intersection with Millwheel Drive to the intersection with High Gate Lane Russian Drive from the intersection with Woods Meadow Lane to its cul-de-sac Russian Drive from the intersection with Millwheel Drive to the intersection with Woods Meadow Lane Woods Meadow Lane from the intersection with Russian Drive to its cul-de-sac NORTH PROPOSED ADDITION SHOWN IN BLUE 38 RIGHT ROADWAY 50 LENGTH OF WAY WIDTH SERVICES Miles Feet Feet Houses 0.32 50 38 10 0.18 40 28 20 .111 `� � �T I • � i T ' ` i � (' ii f .. T 1 I" -- y _ ,.�, ,mow, yler' C.}ice iL•fpj~�x�_1.�� ' t,'. DESCRIPTION Millwheel Drive from the intersection with River Oaks Drive to the intersection with Russian Drive Foxfield Lane from the intersection at the 2300 block of Millwheel Drive to the intersection at the 2400 block of Millwheel Drive Millwood Drive from the intersection with Millwheel Drive to the intersection with High Gate Lane Russian Drive from the intersection with Woods Meadow Lane to its cul-de-sac Russian Drive from the intersection with Millwheel Drive to the intersection with Woods Meadow Lane Woods Meadow Lane from the intersection with Russian Drive to its cul-de-sac NORTH PROPOSED ADDITION SHOWN IN BLUE 38 RIGHT ROADWAY 50 LENGTH OF WAY WIDTH SERVICES Miles Feet Feet Houses 0.32 50 38 10 0.18 40 28 20 0.074 50 38 7 0.21 50 28 32 0.058 50 36 4 0.24 46 28 29 Attachment "A" 11 In the County of Roanoke ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted September 25, 2018 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Foxfield at Russlen Farms Section 4 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with River Oaks Drive/Route 1477 To: Intersection with Foxfield Lane/Route 1364, a distance of: 0.04 miles. Recordation Reference: Instrument# 2006-15200 Right of Way width (feet) = 0 Street Name and/or Route Number ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Foxfield Lane/Route 1364 To: Intersection with Foxfield Lane/ Route 1364, a distance of: 0.04 miles. Recordation Reference: Instrument# 2006-15200 Right of Way width (feet) = 0 Street Name and/or Route Number ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Foxfield Lane/ Route 1364 To: Intersection with Millwood Drive/ Route 1159, a distance of: 0.10 miles. Recordation Reference: Instrument# 2006-15200 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: September 25, 2018 Page 1 of 2 Street Name and/or Route Number ♦ Foxfield Lane, State Route Number 1364 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Millwheel Drive/Route 1167 To: Intersection with Millwheel Drive/Route 1167, a distance of: 0.17 miles. Recordation Reference: Instrument# 2006-15200 Right of Way width (feet) = 0 Street Name and/or Route Number ♦ Millwood Drive, State Route Number 1159 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with High Gate Lane/Route 1473 To: Intersection with Millwheel Drive/Route 1167, a distance of: 0.07 miles. Recordation Reference: Instrument# 2006-15200 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2 In the County of Roanoke ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted September 25, 2018 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Foxfield at Russlen Farms Section 5 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ♦ Woods Meadow Lane, State Route Number 1401 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Russlen Drive/Route 1400 To: End of Cul-de-sac, a distance of: 0.23 miles. Recordation Reference: Instrument# 2007-10235 Right of Way width (feet) = 0 Street Name and/or Route Number ♦ Millwheel Drive, State Route Number 1167 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Millwood Drive/Route 1159 To: Intersection with Russlen Drive/Route 1400, a distance of: 0.09 miles. Recordation Reference: Instrument# 2007-10235 Right of Way width (feet) = 0 Street Name and/or Route Number ♦ Russlen Drive, State Route Number 1400 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Millwheel Drive/Route 1167 To: Intersection with Woods Meadow Lane/Route 1401, a distance of: 0.06 miles. Recordation Reference: Instrument# 2007-10235 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: September 25, 2018 Page 1 of 1 In the County of Roanoke ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted September 25, 2018 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Woods Hill Section 2 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ♦ Russlen Drive, State Route Number 1400 Old Route Number: 0 --—————————————————————————————————————————- • From: Intersection with Woods Meadow Lane/Route 1401 To: End of Cul-de-sac, a distance of: 0.20 miles. Recordation Reference: Instrument# 2012-0214 Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: September 25, 2018 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 RESOLUTION REQUESTING ACCEPTANCE OF MILLWHEEL DRIVE, FOXFIELD LANE, MILLWOOD DRIVE, RUSSLEN DRIVE AND WOODS MEADOW LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached VDOT Forms AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention, which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Forms AM -4.3 to the secondary system of State highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 1 ACTION NO. ITEM NO. J.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Resolution confirming the County Administrator's declaration of a Local Emergency due to severe weather Thomas C. Gates County Administrator Thomas C. Gates County Administrator Ratification of County Administrator's declaration of local emergency. BACKGROUND: Roanoke County's Emergency Management staff closely monitored the remnants of Hurricane Florence as it reached the Roanoke Valley. As significant storm related rainfall began to impact the County, elevating the risk to life and property, the County Administrator declared a local emergency. This action made available to the County additional resources of the State should they be required to protect the safety of our citizens. Pursuant to State Code, the Board of Supervisors must act within 14 days of the date of declaration to ratify and confirm the actions of the County Administrator. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 RESOLUTION CONFIRMING THE COUNTY ADMINISTRATOR'S DECLARATION OF A LOCAL EMERGENCY DUE TO SEVERE WEATHER WHEREAS, Virginia Code Section 44-146.21 provides that "in the event the governing body cannot convene due to [a] disaster or other exigent circumstances, the [local] director [of emergency services] . . . may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within fourteen days of the declaration, whichever occurs first; and WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Virginia Code Section 44-146.13 et seq.), the Board of Supervisors by adoption of Resolution No. 111798-2, adopted an Emergency Operations Plan for Roanoke County, and designated the County Administrator as the Director of Emergency Services; and WHEREAS, by virtue of the authority vested in him by Section 44-146.21, the County Administrator, as the County's Director of Emergency Services, issued a Declaration of Local Emergency on September 15, 2018, in response to severe weather in the form of a tropical storm. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: That pursuant to Virginia Code Section 44-146.21 Board of Supervisors hereby ratifies and confirms the Declaration of Local Emergency issued by the County Page 1 of 2 Administrator, in his capacity as the County's Director of Emergency Services, on September 15, 2018. Page 2 of 2 CL CL v � c m � c ■ bD c a 0 U 2 § m � � 2 2 � ■ 2 CL 0 CL CL m c � N N 00 0 q 77 o S $ , u , -tn -tn - tc� w '7p00 ce k k = 2 / Ln to§ u -tn § » Ln . f § 2 � w 00k 0 C Ln CL CL coc \ % \ \a) u } .\ � o � \ 2 00 e o \ \ N % m E % I k E 2 k \ Li 2 C ai CL / \/ k 2 2 < a a co COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2018 Additions Deletions September 25, 2018 General Obligation Bonds $ 2,765,175 $ VPSA School Bonds 78,883,082 Lease Revenue Bonds 81,845,705 Submitted By Approved By $ 163,493,962 $ Rebecca E. Owens Director of Finance Thomas C. 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ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 25, 2018 Accounts Paid -August 2018 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 08/10/18 Payroll 08/24/18 Manual Checks Grand Total Direct Deposit 1,364,209.32 1,475,765.33 Checks Total $ - $ 10,492,953.02 64,870.93 1,429,080.25 47,681.16 1,523,446.49 10,640.48 10,640.48 $ 13,456,120.24 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 25, 2018 Work session to review with the Board of Supervisors the preliminary and unaudited budget and financial results for fiscal year ending June 30, 2018 for the County of Roanoke, Virginia Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Provide the Board of Supervisors a preliminary overview of the financial results for fiscal year ending June 30, 2018. BACKGROUND: 011&/_1 DISCUSSION: The Department of Finance is currently working through the financial results for fiscal year ending June 30, 2018, and preparing for the annual audit of those results. The purpose of this work session is to provide the Board of Supervisors with preliminary and unaudited revenue and expenditure information for County funds as of June 30, 2018. Department of Finance and Office of Management and Budget staff will review the attached PowerPoint presentation at the work session. Additional information regarding fiscal year ending June 30, 2018, revenues and expenditures will be provided at the work session. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the preliminary financial results Page 1 of 2 for fiscal year ending June 30, 2018. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive the preliminary financial results for fiscal year ending June 30, 2018. 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ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 Recognition of the Virginia Association of Counties Achievement Awards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Virginia Association of Counties Achievement Awards BACKGROUND: This time has been set aside for Dean Lynch, Executive Director of Virginia Association of Counties, to award the VACO Achievement Award to Roanoke County for its Mobile Incident Command Center. David Wray, GIS Manager; Bill Hunter, Director of Communications and Information Technology; Howard B. Hall, Chief of Police and Stephen Simon, Chief of Fire and Rescue are expected to be in attendance to accept the award. Page 1 of 1 ACTION NO. ITEM NO. 0.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District, located at 4053 Aerospace Road, Vinton Magisterial District Philip Thompson Acting Director of Planning Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on an application to rezone property from low intensity industrial to agricultural for the construction of a single family home. BACKGROUND: In 1978, a large portion of the property was rezoned from agriculture to light industrial for an insulation business. After the rezoning, a metal building was built on the property for the business. The business no longer operates on the property. In 2017, the applicants purchased the property in order to build a single family residence. A detached single family dwelling is not a permitted use in the 1-1 Low Intensity Industrial District, but is a permitted use in the AG -1 Agricultural/Rural Low Density District. DISCUSSION: The Planning Commission held a public hearing on this request on September 4, 2018. There were no citizens to speak on this petition. Staff and the applicant clarified for the Page 1 of 2 Planning Commission that access was provided by a gravel driveway off of Aerospace Road, that the future use of the existing building on the property would be for residential use, and that a well and septic permit had not been issued for the property at this time. The Planning Commission recommends approval of the rezoning request from 1-1 and AG -1. FISCAL IMPACT: There is no fiscal impact on this item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to rezone the property from 1-1 and AG -1. Page 2 of 2 STAFF REPORT Petitioner: Michael Sanctuary and Dezaray Allaire Request: To rezone approximately a 5.35 acre portion of an approximately 9.03 acre parcel from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District Location: 4053 Aerospace Road Magisterial District: Vinton EXECUTIVE SUMMARY: Michael Sanctuary and Dezaray Allaire are requesting to rezone a portion (approximately 5.35 acres) of their property located at 4053 Aerospace Road from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District. The remaining 3.68 acres is currently zoned AG -1. The intent of the request is for conformity of the zoning districts and future land use type. The existing accessory structure located on the parcel will remain. If approved, future plans include the construction of a single-family dwelling. The use of the property will be residential. This site is designated Conservation on the future land use map of the Roanoke County Comprehensive Plan. A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristic, conversation/open space/greenway easements, soil types or location with respect to other state or federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Train, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Appropriate land use types within conservation areas are agricultural production, large regional park facilities, public lands, conservation easements and rural residential. Rural residential is defined as very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. APPLICABLE REGULATIONS A single family dwelling is not a permitted use in the 1-1, Low Intensity Industrial District. The applicants are seeking to rezone the 1-1 portion (approximately 5.35 acres) of their property to AG -1, Agricultural/Rural Low Density District to be consistent with the rest of their property. A single family dwelling is a permitted use in the AG -1 District. The AG -1, Agricultural/Rural Low Density, District "consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right -to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development." The District regulations for the AG -1 District (Section 30-33) are attached. If approved, Roanoke County Residential building permit review and Virginia Department of Heath approval will be required for a single family dwelling. ANALYSIS OF EXISTING CONDITIONS Property — The applicant's property (TM# 090.00-03-34.00-0000) is approximately 9.03 acres in size. Approximately 5.35 acres is currently zoned 1-1, Low Intensity Industrial, District. There is an existing accessory structure located on the 1-1 zoned portion. If this request is approved, the accessory structure, which is 3,216 square feet in size, will remain on the property and be used as an accessory use to the future single family dwelling. The property is accessed by an existing gravel driveway from Aerospace Road. The property also fronts on Jae Valley Road. Currently there is no access off of Jae Valley Road and none is proposed in the future. The property was rezoned from A-1, Agricultural District to M-1, Light Industrial District in October of 1978, for an insulation business. After the rezoning was approved, the warehouse building was built on the property. The business no longer operates on the property. Topography/Vegetation — Majority of the property is wooded. Steep slopes are located adjacent to Aerospace Road and the rear of the property adjacent to 4238 Jae Valley Road. There is an existing gravel driveway which accesses the accessory building. Surrounding Neighborhood — The majority of adjacent properties are all zoned AG -1, Agricultural/Rural Low Density District. A portion of the property located to the west is zoned 1-1, Low Intensity Industrial, District. Adjacent land uses are either vacant or residential. Located at the end of Aerospace Road are industrial use types: Aerospace Testing Corporation is located at 4303 Aerospace Road and Kent's Insulating is located at 5454 Aerospace Road. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — There are no immediate future plans with the property. If approved, the applicants will construct a single-family dwelling in the future. The use of the property will be residential. Agency Comments: The following comments were provided by various agencies on this request: Economic Development — No objections to the request. Building Safety — The Office of Building Safety stated: "all construction will need to meet the requirements of the Virginia Uniform Statewide Building Code (USBC). Also any alteration or demolition of the existing structure will need to the meet the requirements of the USBC including possible asbestos testing since it was an industrial building". Fire & Rescue — No comments. Roanoke County General Services - "We would provide solid waste services to any single family dwelling built on the property. The container would have to be placed on either Aerospace or Jae Valley for collection." Virginia Department of Transportation (VDOT) — The site/property fronts directly on Aerospace Road which is a publicly owned and maintained street. VDOT's comments include the requirement 2 of a Land Use Permit for a new entrance or a change in the use of an existing entrance. VDOT will not issue approval of the plans or any necessary Land Use Permits until the request is approved. In addition, information regarding any changes to the existing drainage system should also be included for review. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is designated Conservation on the future land use map of the Roanoke County Comprehensive Plan. A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristic, conversation/open space/greenway easements, soil types or location with respect to other state or federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Train, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Appropriate land use types within conservation areas are agricultural production, large regional park facilities, public lands, conservation easements and rural residential. Rural residential is defined as very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. The rezoning petition is consistent with the Conservation future land use designation. 5. STAFF CONCLUSIONS Michael Sanctuary and Dezaray Allaire are requesting to rezone a portion (approximately 5.35 acres) of their property located at 4053 Aerospace Road from 1-1, Low Intensity Industrial, District to AG -1, Agricultural/Rural Low Density, District. The remaining 3.68 acres is currently zoned AG -1. The intent of the request is for conformity of the zoning districts and future land use type. The existing accessory structure located on the parcel will remain. If approved, future plans include the construction of a single-family dwelling. The use of the property will be residential. The site is designated as Conservation on the Roanoke County Future Land Use Map. The proposed application conforms to the Roanoke County Zoning Ordinance and is in conformance with the County's Comprehensive Plan. If approved, both Roanoke County Residential building permit review and Virginia Department of Heath approval will be required. CASE NUMBER: 7-912018 PREPARED BY: Rebecca James HEARING DATES: PC: 914118 BOS: 912518 ATTACHMENTS: Application Aerial Map Zoning Map Land Use Map Pictometry Aerial Photos 1-1 Low Intensity Industrial District Standards AG -1 Agricultural/Rural Low Density District Standards Conservation Future Land Use Designation �sQ� County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff UsedVr A Date received: q rll j(c� Re_ce by: � + Application fee 5 O PCB Placardsissued BOS date. 1 Case Number r' I f n r� 6 R ALL APPLICANTS ' Check type of application filed (check all that apply) 0 Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review APS plicants name/address w/zip Phone: Nl t 0r\0,0 0.R o k" Work: -rb-A Aftx-reCell #: M1V-sL S�-1y - � �L`1 f � 2- (-Cc -5 �, 3 QCT.�,C`�D-i1l�u,- V I"/� ', �kC) Fax No.: Owner's nam /address w/zip Phone #: Works Fax No. #: NL)S S Property Location agisterial District: -?k c i pommunity Planning area: V y "'Vo r-% Tax Map No.: Existing Zoning: Size of parcel(s): Acres [ Existing Land Use: \,j o C ar\* REZONLVG, SPECIAL USE PERAHT, WAIVER AAD COMP PLAN (is 2-2232) REVIEW APPLICANTS (WS/W/CP) Proposed Zoning: A 5 Proposed Land Use: Doest}Ie parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes , No C IF NO, A VARIANCE IS REQUIRED FIRST./ Does the parcel meet the minimum criteria for the requested Use Type? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIWIAA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to -Sign 90y Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF TI4ESE ITEMS ARE MISSING OR INCOMPLETE. IUS/W/CP V/AA RIS/WICP V/AA 12/S ICP V/AA Consultation 8 1/2" x I V concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner o*perty or the owner's agent or contract purchaser and 't}i-ihll a ledge and consent f the owner. I I,1rl9i �w� is Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (1s.1-1.231) REVIEW REQUESTS Applicant 1-11 The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. AUG qk1 as ox Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. �u.�e Plan u�c G rzaa ,<u� Icy +fl�l r�nx►k�V r't`e i or C-�r feS Please describe the impart(s) of the request on the property itself., the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/`recreation and fire and rescue. � xlC • �j' VJ 1 � � V— )DO 0. t RC�.V f boa bu ]'(A t M 1�4- bo- lw'm' a f\))�1 c S' oS us --Ss" f CS l�� .. ... CONCEPT: PLAN A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless Iimiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: AL�%APPLICANTS m�a. Applicant name and name of development Date, scale and north arrow c. Lot size in acres or square feet and dimensions �Location, names of owners and Roanoke County tax map numbers of adjoining properties . Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties g. All property lines and easements -5�1- All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existiug or platted streets or other public ways within or adjacent to the --J" A development �j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredforREZONLVG and SPECIAL USE PERMITAPPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site ,oN 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals _ n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants cq;' #: 11 l� /Ap. 14TAq. Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signaturl of applicant I-1)+ IA Date G ,ROAN � Community Development z Planning & Zoning Division 7838 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFiC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a Iand use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Name of Petition Petitioner's Signature 1-0-12 Date 6/22/2018 Unofficial Property Record Card Unofficial Property Record Card - Roanoke County, Virginia General Property Data ParcellD 090.00-03-04.00-0000 Prior Parcel ID — Property Owner SANCTUARY MICHAEL F ALLAIRE DEZARAY Mailing Address 4053 AEROSPACE RD City ROANOKE Mailing State VA Zip 24014 Jurisdiction-ZoningCode- Multiple Zonings Description Account Number 41591 Property Location 4053 AEROSPACE RD Property Use INDUSTRIAL Most Recent Sale Date 313112017 Legal Reference DB201703292 Grantor WHEELER,KENT A & DARLENE D Sale Price 73,500 Land Area 9.03 - AC Current Property Assessment Card 1 Value Building Value 48,200 Xtra Features 0 Land Value 45,800 Total Value 94,000 Value Building Description Building Style WAREHOUSE # of Living Units 0 Year Built 1979 StylelStory Height 1.0 STORY Insulation SUSPENDED -NO INSULATION Finished Area {SF} 3216 Number Rooms 0 # of 314 Baths 0 Foundation Type SPREAD FTG Frame Type PRE -FAB Roof Structure GABLE Roof Cover MOD METAL Primary Ext. Siding MODULAR MTL Interior Walls MASNRYIMIN # of Bedrooms 0 # of 112 Baths 0 Legal Description TR B PLAT FOR KENT A & DARLENE D WHEELER BACK CREEK Narrative Description of Property Flooring Type CONC FINISHD Basement Floor NIA Healing Type NONE Heating Fuel NONE Air Conditioning 0°! # of Bsmt Garages 0 # of Full Baths 0 # of Other Fixtures 2 This property contains 9.03 -AC of land mainly classified as INDUSTRIAL with a(n) WAREHOUSE style building, built about 1979, having MODULAR MTL exterior and MOD METAL roof cover, with 0 unit(s), 0 room(s), 0 bedroom(s), 0 baths), 0 half bath(s). 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Q a - N U 8 L ui m CL cm o min 70 0 V (n -00 ro(D C T u0) 3:E C C G D U)0) O O O L O O T (D (V ro � L c O O .0 . E E a3 •� C 0 U 0 -�. v (n 0 C O V 3 U O 7 a3 O O�� `�=Q-0a O 0 0a v a) CD m as ro Q CL 'U � a3 U C_0 U) L Q m ..L%. CL d- C ~ � �cmr " 7� � �,0 E E r a �_� cn - 0 C r- L' p y+ m N 0 ft3 'U? T m > 7 a C A C L a) I a) 0 om o 0 cm a) C E E,,wv+.a) L L } Q) N C in V3 0) QI 0 ='0J0 i cu OCA 2�� rnQ) a U) o LL m io a c ro aha- o m L) ro � wF) (n C m C E 4) N 0 4) C J Q) ui .C. 3 •� j ,U a) U O) 70 a [Q U) (3) U f0 O O uQi U) L Q .� O 'V 70 N U 2 7 V C 7 ro UI O f0 ro m 0 2 E 3 a 0-0 7 ro C O c as Fu E O 7 O U U OO E m m .L 'x Q a) a) c t j N2 Q)— -0 1— Q a3 Q 7 m 7 cB E E Q)CDo -0 c CDc c� ACL W0 m C cn a) L U a) x L .� 7 ) C a) U) 0 a) Ca•G L C: L--. a) Uj 2 O L U-0-0 0j JAMES T. JORDAN ATTORNEY AT LAW 201 S. COLLEGE AVENUE SALEM, VIRGINIA24153 PREPARED BY AND RETURN TO: James T. Jordan, VSB# 44212 201 S. College Avenue Salem, VA 24153 17-11148 CRG Title Insurance Co.: Fidelity National Title Ins. Co. Consideration: $73,500.00 Assessed Value: $94,600.00 TAX MAP NO. 090.00-03-34.000000 THIS DEED, made and entered into this 22nd day of March, 2017, by and between KENT A. WHEELER and DARLENE D. WHEELER, husband and wife, parties of the first part and hereinafter referred to as the "Grantors"; and MICHAEL F. SANCTUARY and DEZARAY ALLAIRE, joint tenants with the right of survivorship, whose mailing address is 4053 Aerospace Road, Roanoke, Virginia, 24014, parties of the second part and hereinafter referred to as the "Grantees." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the Grantees unto the Grantors and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantors do hereby GRANT, BARGAIN, SELL and CONVEY, with GENERAL WARRANTY and MODERN ENGLISH COVENANTS OF TITLE unto the Grantees, MICHAEL F. SANCTUARY and DEZARAY ALLAIRE, joint tenants with the right of survivorship, all the following -described parcel of land, together with any improvements thereon, lying and being in the County of Roanoke, State of Virginia, to -wit: 1 JAMES T. JORDAN ATTORNEYATLAW 201 S- COLLEGE AVENUE SALEM, VIRGINIA 24153 Tract B, containing 9.039 acres, as shown on the Composite Plat for Kent A. Wheeler and Darlene D. Wheeler, by Philip W. Nester, LS, October 5, 1992, Revised June 30, 1993, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 15, page 134; and BEING a portion of the same property conveyed to Kent A. Wheeler and Darlene D. Wheeler, husband and wife, by deed from James M. Wheeler, dated April 26, 1971, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 916, page 97. This conveyance is made subject to all easements, conditions, restrictions and reservations of record now affecting said propert}7. WITNESS the following signatures and seals: d— (SEAL) KENT A. WHEELER (SEAL) DARLENE D. WHEELER STATE OF VIRGINIA ) CITY OF SALEM ) TO -WIT: The foregoing instrument was acknowledged before me this --� 0 day of March, 2017, by Kent A. Wheeler and Darlene D. Wheeler My Commission Expires: 34 0,c- Notary Public 2 .dm�OHTY RREKAE GRlSETO Notary Public Commonwealth of Virg+Ria 360950 Commission Expires Mar 31. 201B iNSTRUMENT [! 3 2 RECORDED iN THE CLERK'S OFFICE OF ROANOKE COUNTY ON MARCH 30 2017 AT 10 2 N $95.00 ERANTOR TAX WAS PAID AS REQUIRED � = §_ ! `)7 � THE � , CODE §} &� u.1� ` STATE: $47.50 LOCAL: $47. STEVEN A. MCGRAWi CLERK RECORDED BY: FRS 1 1 10-10-7s 5 :1 . Lots 2 and 3, Section 1, of the R. F. Boxley Estate lands, Roanoke County, Virginia, as shown by plat made by C. B. Malcolm, S.C.E., dated August 25, 1.932, which said plat is of record in the Clerk's Office of the Circuit Court, Roanoke County, Virginia, in Deed Book 213, paSe 392. BE IT FURTHER RESOLVED AND ORDERED by the Board of County Sup of Roanoke County that pursuant to the provisions of law, that a Special Exception Permit to operate a used car lot on the heretofore described property be issued with the stipulation that no truck larger than three- quarter (3/4) ton be sold on the premises. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Engineer so that the zoning maps of Roanoke County may be amended to reflect this rezoning. The foregoing Order was adopted on motion of Supervisor Terry and the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: PETITION OF KENT ALLEN WHEELER FOR REZONING FROM A-1 TO M-1 OF A 5 -ACRE PORTION OF A 12.203 -ACRE PARCEL ON THE EAST SIDE OF ROUTE 116 AT WINDY GAP, 0.5 MILE WEST OF THE ROANOKE/FRANKLIN COUNTY LINE IN THE VINTON DISTRICT TO PERMIT THE CONSTRUCTION AND OPERATION OF A STORAGE WAREHOUSE This request was presented to the Supervisors by Edward A. Natt, Attorney, who explained that a storage warehouse is proposed on this site for Mr. Wheeler's insulation business. The building would be 84' by 36'. No one appeared in opposition. VTVAT nunWV NOW, TFEREFORE, BE Ii RESOLVED AND ORDERED by the Board of County Supervisors of Roanoke County, that pursuant to the provisions of law, the 10-10-78 property of Kent Allen Wheeler; thence N. 00 26' 50" W. 260.25 feet to a point; thence N. 5° 04' 45" E. 122.11 feet to a point; thence N. 36° 59' 30" W. 191.17 feet to a point; thence N. 32° 52' 10" W. 40 feet, more or less, to a point; thence with a new line through the property of Kent Allen Wheeler S. 44° 03' 40" W. 575 feet, more or less, to the place of beginning and containing 5 acres, more or less, being a portion of a 12.203 acre parcel as shown on a plat prepared by David Dick and Harry A. Wall under date of March 22, 1971. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Engineer so that the zoning maps of Roanoke County may be amended to reflect this rezoning. The foregoing Order was adopted on motion of Supervisor Park and the following recorded vote. AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: REQUEST OF BERNARD N. AND ETHERL M. WEBB FOR RENEWAL OF THEIR SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.4 -ACRE TRACT ON THE NORTH SIDE OF ROUTE 615, 0.25 MILE EAST OFF ROUTE 220 NEAR THE FRANKLIN COUNTY LINE IN THE RED HILL SECTION OF THE CAVE SPRING DISTRICT. No one was present at the hearing on behal of the applicants. There was no opposition to this renewal request. Since there was no opposition and taking into consideration that this is a renewal, Supervisor Johnson moved that the renewal request of Bernard and Ethel Webb be approved beginning July 13, 1978, subject to the provisions of the County zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST -OF MRS. EFFIE POFF FOR RENEWAL OF HER SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2.39 -ACRE TRACT 30 FEET FROM THE RIGHT OF WAY AT 1605 HIRAM STREET, OFF RIVERDALE ROAD IN THE VINTON DISTRICT (MOBILE HOME IS OCCUPIED BY WILLIAM R. LOONEY) 9-12-700 (4) Petition of rent Allen Wheeler for rezoning from A-1 to 11-1 of a 5 -acre portion of an 11 -acre tract on the east side of Route 116 at Windy Gap, about 1/2 mile west of the Roanoke/Franklin County line so that a storage warehouse may be constructed thereon. (5) Petition of Gordon M. Voldahl for rezoning from A-1 to B-3 of 0.84 acre located on the west side of Route 221 at Bent Mountain, about 1/2 mile north of Adney Gap. Rezoning is requested so the existing restaurant and gas station buildings, which have been vacant for several years, may be refurbished and operated by the petitioner. (6) Petition of Carl R. and Saundra M. Davis for rezoning from M-2 to R-1 of about 1/3 acre on the west side of State Route 858, 355 feet south off U. S. Route 11-460 at State Police headquarters west of Salem. Rezoning is requested because petitioners wish to build an addition onto the existing dwelling. (7) Petition of Albert, Nadine, and William Salem for rezoning from A-1 to M-1 of 1.69 acres in Viewpoint Heights Subdivision located on the southeast side of State Route 796 (Old Lee Highway) about 1,600 feet southwest off U. S. Route 11.-460 west of Salem. (8) Petition of Pioneer Carper and Floor Covering, Inc. for rezoning from B--1 to B-2 of 1.4 acre located on the east side of Route 220 at its intersection with Route 676, about 200 yeards south of the Red Hill Church of the Brethren so a carpet shop may be operated thereon. IN RE: RESOLUTION NO. 2123 SUPPORTING AN AMENDMENT TO THE PAYMENT IN LIEU OF TAXES ACT WHEREAS the Congress of the United States has previously enacted the payment in Lieu of Taxes Act (P. L. 94-565); and WHEREAS the purpose of this Federal legislation was to at least partially compensate local governments for the large quantities of National Park and other Federally owned, tax-exempt land removed from local tax rolls; and WHEREAS there are approximately 2,774 acres of National Park Land in Roanoke County; and WHEREAS, as a result of interpretation by the Secretary of the Interior of certain portions of the Payment in Lieu of Taxes Act, only 75 acres of these lands in Roanoke County are entitled to Federal payments; and WHEREAS amendments to the Payment in Lieu of Taxes Act have been �C c� 4) CL 0 L. a Z L a� c A, i1 {a .75 r- 0 C ❑ ❑ ".'.; w 7 Z LL J W ❑ W o � ry J Q } � x a W lY a N Q CD CL LU a 'E U F a n a w r F ix LU o a N r o W r° a j U ai e-• aU) l CO N !1 In no,co o 7 c� ❑ ai o uai v Q ❑ c u a E a Z J y p d C N C A O o J u a u G 3 a O u O a Q x N rn u a a '^ m O c = d CD co w a J Q1 N N a L a 0 L a a a C � Q� L a L = V LL N X 0 x z i C3 W lit z z z O a a 0 0 U Z Z Z o 0 o ry a a Ol a. a UI N o a a °1 c t s o 'l,.2F LL c m _ (� LL o O a LL z = x U m L LL O m a o a it C J 0 Jaz Q LL ❑q w a a .L LL w j � LUW m n ❑ uzi ❑ a a i QI N 0 0 CL s y S E F F V O U O m _ .O E-06. o -0, n N k LL � m r C G •� o ❑ LL E a Z O F Q z 0 z LU ❑ N 111 } ❑ Z O LU LU C a n rn o U3 a�a o 0 a W c 0 iA Nd R 4 m Co rn tm x o Q � r w m a LL ".'.; , 7 LL J W ❑ o � ry a CD Q } � x a W a N a CD CL 'E a n w F ix LU O r° a o a u Z !1 o Nam ❑ ❑ m a IQ* w U v c O U U G 3 a O N rn u d C a '^ m c = d a CD co w a J Q1 N N a L a 0 L a a a C � Q� L a L = V LL N X 0 x z i C3 W lit z z z O a a 0 0 U Z Z Z o 0 o ry a a Ol a. a UI N o a a °1 c t s o 'l,.2F LL c m _ (� LL o O a LL z = x U m L LL O m a o a it C J 0 Jaz Q LL ❑q w a a .L LL w j � LUW m n ❑ uzi ❑ a a i QI N 0 0 CL s y S E F F V O U O m _ .O E-06. o -0, n N k LL � m r C G •� o ❑ LL E a Z O F Q z 0 z LU ❑ N 111 } ❑ Z O LU LU C a n rn o U3 a�a o 0 a W c 0 iA Nd R 4 m Co rn tm x o Q � r w m a LL O Z ".'.; , ro, w O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ari c oo c�j 4 m c+i c� gyri m m m m m en 0 0 0 0 0 a 0 0 0 0 a o o a o 0 0 0 0 0 c y m Y � -p 3 m L7 III m > eI Q c V) W C t b0 C C O N C Q V) N ++ a a °�'aa a r IVI O O O O O �t qt N t'V CV N N N a a a a a Y +' Y O X O O Y O Y O ` CJ C m C m C m C m C m d :3 O O C O O O 4. m mm Ln V Ly co O O O a- O 'i cc u d � 0 0CL Q7 co 41 m W 0: C > > Ln O 7 W Q °21 Q N m Q7 m CD N LM Q '` 0 et 0 � m m a Q a � Q Y C Q1 = O y u '� m J "= w E a• C O a--� Y 13 zt z Fa E LL° F, m a m u m u W i O� N a 'p O m rn +- C m m I L a y N m gO (D ' �• key �yS�' � • ¢� � t � �' "� W..A �.��`',�Ml �h ,� � - a� na;�� eti,� _ .yw'" �. � ,��lvr a.�,���ii Tf *' .���• /y,'r,'��'. +�6 +� •�4. 9A. � �.'+'4 '�", :�Ki �. r :,';� t. moi- a .y `n,4 r -r } I ,i Jr - .c `� , � � ���` ^�� \ {' t .� � •t ,.,,,1 !C*�+i�' � ..� _ ,! 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T3 Ua w �CD co C 0 C N O N CL t (CDC 0 C)L Co H �" � -� •� d N E� � ch U t0 0 q7 N ❑ Z m � Q o a? 60 l{) 0 O D ll p v a u x o 2 m ala Ct 0 WL d DL � o Q El a) � U) 2 R / .�, � r 7 Q § \ \\ § S 5R k8 % / §� 6 : \§ § § $ { t -Ek < § / d 5} k -0 $ ) z A cr) ) ] d k \k m § C6 k � )/ - ! = w 9 CL CLZ m a ` § j / / 2 I J § / ] � v U '0 o �� C l0 C N O O O O Q cn Z Q N Q U T O l0 N O N 7 W N Q C l0 C N U io m Z m l0 mo io (n Q 'o 'o 0 o too C� Zami �o o ai a? LO m 0 0-0CD o X o o x M3 Ali MAS"` , , ��- -�'► • x �� k x � 7 M1 -I I, •e o 1114sT, t. i r - x _ ,rya 1-1 District Regulations SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-1. Purpose. (A) The purpose of the I-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non -conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, § 1£, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture 2. Civic Uses Administrative Services Day Care Center * Guidance Services Park and Ride Facility Post Office Public Maintenance and Service Facilities Public Parks and Recreational Areas * Safety Services Utility Services, Major Utility Services, Minor 3. Office Uses Financial Institutions General Office Laboratories Medical Office 4. Commercial Uses Agricultural Services * Automobile Repair Services, Major * Automobile Repair Services, Minor Automobile Parts / Supply, Retail * Business Support Services Business or Trade Schools Communication Services Construction Sales and Services * Consumer Repair Services Equipment Sales and Rental Garden Center * Laundry 2 1-1 District Regulations 1-1 District Regulations Personal Improvement Services Restaurant, General Retail Sales Veterinary Hospital / Clinic 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble Recycling Centers and Stations Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Automobile Dealership * Automobile Rental / Leasing Commercial Indoor Sports and Recreation Convenience Store * 3 1-1 District Regulations Fuel Center * Gasoline Station Manufactured Home Sales Mini -warehouse * Recreational Vehicle Sales and Service Surplus Sales Truck Stop * 2. Industrial Uses Composting * Construction Yards Resource Extraction Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private Broadcasting Tower Outdoor Gatherings Wind Energy System, Large Wind Energy System, Utility (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27- 99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213- 15, § 1, 11-12-13, Ord. No. 092215-9, § 1, 9-22-15, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 062717-4, § 1, 7-27-17) Sec. 30-61-3. Site Development Regulations. il 1-1 District Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of k' 1-1 District Regulations the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. (D) Maximum coverage. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) 6 AG -1 District Regulations SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-1. Purpose. (A) The AG -1, agricultural/rural low density district consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right -to -farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § 1£, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-33-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Agricultural and Forestry Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single -Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly Safety Services * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* 2 AG -I District Regulations AG -1 District Regulations (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Commercial Feedlots * 2. Residential Uses Alternative Discharging Sewage Systems * 3. Civic Uses Camps * Cemetery * Day Care Center * Utility Services, Major 4. Commercial Uses Agricultural Services * Antique Shops * Bed and Breakfast Inn * Campgrounds Country Inn * Golf Course * Kennel, Commercial * Special Events Facility Studio, Fine Arts 5. Industrial Uses Composting * K1 AG -I District Regulations Custom Manufacturing * Landfill, Construction Debris * Landfill, Sanitary * Resource Extraction * 6. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8- 24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-33-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. I . All lots, regardless of sewer and water provisions: a. Area: 1.5 acres (65,340 square feet). b. Frontage: 150 feet on a publicly owned and maintained street. C. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. il AG -I District Regulations 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 20 feet. b. Accessory structures: 20 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 20 percent of the total lot area. 2. Lot coverage: 40 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) k' Conservation: A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs and associated services such as soil and crop preparation, landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks - Large regional park facilities that are designed and developed to preserve the environmentally sensitive nature of the land. Public Lands - Includes land that is owned by a public entity but is not an official park. Examples would be Haven's Wildlife Management Area, Spring Hollow Reservoir, Carvin's Cove watershed, Appalachian Trail, Blue Ridge Parkway, Forest Service lands and publicly owned land on Green Ridge Mountain. Conservation Easements - Includes private lands that are protected by a conservation easement (includes scenic, agricultural, greenway and open space easements) held either by a private land trust or a State agency. Rural Residential - Very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. Cluster developments are encouraged. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where unique and important natural, agricultural, historical and cultural resources exist that deserve to have the highest level of protection. RESOURCE PROTECTION - Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS - Locations that are accessible by existing improved or unimproved rural roads. RURAL SECTOR - Locations not served by urban services. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 ORDINANCE REZONING APPROXIMATELY 5.35 ACRES FROM 1-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO AG -1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT; LOCATED AT 4053 AEROSPACE ROAD, VINTON MAGISTERIAL DISTRICT WHEREAS, in 1978, 5.35 acres of an approximately 9 acre property located at 4053 Aerospace Road (Tax Map No. 090.00-03-34.00-0000), in the Vinton Magisterial District, was rezoned from agriculture (AG -1) to light industrial (1-1) use to allow the operation of an insulation business (the remaining portions of the property continued to be zoned AG -1); and WHEREAS, the insulation business no longer operates on the property; and WHEREAS, Michael Sanctuary and Dezaray Allaire, the present owners of the property purchased the property in 2017 and desire to build a single family residence on the property. They have accordingly filed a petition to rezone the industrial portion of their property back to its former agricultural designation); and WHEREAS, the first reading of this ordinance was held on August 28, 2018, and the second reading and public hearing were held on September 25, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2018; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 A. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres (located at 4053 Aerospace Road, in the Vinton Magisterial District (Tax Map No. 090.00-03-34.00-0000) from an 1-1 (low intensity industrial) district to an AG -1 (agricultural/ rural low density) district, is hereby approved. B. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. C. That this ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 ACTION NO. ITEM NO. 0.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: September 25, 2018 The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a Special Use Permit in a AR, Agricultural/Residential, District to construct buildings on a parcel without public road frontage per Section 30-23-5(B) of the Roanoke County Zoning Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave Spring Magisterial District Philip Thompson Acting Director of Planning Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on a special use permit application to construct buildings on a parcel without public road frontage. BACKGROUND: Since 2014, Southwest Virginia Wildlife Center of Roanoke, Inc. has run an approved Veterinary Hospital/Clinic at 5985 Coleman Road. Southwest Virginia Wildlife Center of Roanoke, Inc. is petitioning to obtain a Special Use Permit to construct buildings, including a raptor rehabilitation building, on a parcel without public road frontage. The Roanoke County Zoning Ordinance stipulates that any lot of record that is nonconforming because it has no public road frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a special use permit for the proposed development. Only the desire to expand the existing, approved zoning use on a non- conforming lot (no public road frontage) creates the need to obtain a special use permit. The Roanoke County Zoning Ordinance defines a public street as a vehicular Page 1 of 3 way owned, operated, provided and maintained by a local, state or federal government. The term "street" shall also include any suffixes used in the county's E-911 maintenance list. DISCUSSION: The Planning Commission held a public hearing on this request on September 4, 2018. Fourteen citizens (14) spoke during the public hearing. Ten (10) citizen spoke in favor of the rezoning request. Their comments focused on the following: The need for the Wildlife Center to help local at -risk species and other species and educating the next generation on conservation practices The Center being one of only three such facilities west of Richmond The Center filling a need not met by any other organization in this area Raptors are currently being transported to Waynesboro which adds stress and impacts recovery The inability to construct the raptor building affecting future grant funding Expansion being a necessity and eliminating the need to transport the raptors to another location and improve their recovery The Center operators receiving phone calls at all hours day and night The Center is subject to State and federal requirements and random inspections The Center must adhere to animal disposal requirements and animals cannot be released on the property The region needs this raptor facility to serve birds of prey The valuable hands-on experience the Center provides which is not available anywhere else in this region The facility undergoing yearly state -conducted inspections The center both hosts veterinary students from Virginia Tech where they obtain rare wildlife care experience and helps universities conduct research into topics affecting human health, most recently Lyme's Disease The proposed raptor building would improve the medical care provided at the Center, allowing animals to hunt in a controlled setting, and reduced handling required during transfer to other facilities which helps with the healing of animals The proposed raptor building would actually reduce traffic, as the Center would not need to transfer birds from one facility to another. Four (4) citizens spoke in opposition to the rezoning request. Their comments focused on: Previous zoning decisions and permits Excessive traffic volume creating safety, noise and dust concerns and speeding Page 2 of 3 along the roadway The size and location of the proposed raptor building Increasing the setback of the proposed raptor building from the western property line; buffering Maintenance of the private road Disagreement that the use is a veterinary hospital, and that the use should be considered a non -conforming use Location of the center to surrounding homes Concerns over animal waste and disease exposure Property is not an appropriate location for the center; and impact on property values. The Planning Commission discussed allowable uses in the AR zoning district, traffic, the permitted uses, hours of operation, the need for the raptor building, how the raptor building would be used, the number of birds transported to other facilities, the road easement location and distance, future land use designation, setbacks, noise, dust, and buffers. The Planning Commission recommends approval of the special use permit request with two conditions: 1. Concept Plan Conformance. The site shall be developed in general conformance with Special Use Permit Concept Plan (Exhibit A) for Roanoke Wildlife Rescue prepared by Lumsden Associates, P.C. dated April 25, 2018. 2. Screening. A double row of large evergreen trees shall be planted along the western property line from the existing driveway to the existing vegetation shown on the Special Use Permit Concept Plan, which is approximately 100 feet. The large evergreen trees shall be a minimum of 6 feet tall above grade when planted and shall be spaced 20 feet on center. FISCAL IMPACT: There is no fiscal impact on this item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance granting a special use permit to construct buildings on a parcel without public road frontage with the two recommended conditions. Page 3 of 3 Information provided during the Planning Commission Public Hearing from speakers Many of the birds that would be helped by the constructed of this rehabilitation pen are ones that are currently facing risks not just in Virginia but nationwide. The following statistics are brought to you by the Audubon Society and based on up to date research for the state of Virginia and only includes a few of the birds that would use the raptor rehabilitation building: Bald Eagle, expected to lose 74% of summer range and, 58% of their winter range by 2080 Common Raven, 62% summer range loss, 35% winter range loss American Kestrel, 72% summer range loss And on a nationwide -level, including Virginia populations, projected for 2080: Golden Eagle, 41% summer loss and 16% winter loss Merlin, 21% and 25% loss Northern Saw -Whet Owl, 94% loss across entire range, only 1% stable population Tn addition, The State of North America's Birds 2016, a study published and researched collectively by 49 agencies, including the Department of Defense, U.S. Fish and Wildlife, USGS, USDA, and others, stated as such: "Over one third, 37%, of all North American bird species need urgent conservation action or are at risk of extinction in the near future without significant action." This does NOT include the 49% species that our government found to be at a less severe but, still looming risk: totaling to Sb%, over 900 species of birds, at risk of extinction in the future without intervention at this exact time, right here, right now. j V 4 9A L Realistically speaking, the center cannot fix nor solve all the conservation issues that our country and state faces, but the center can help conserve and protect what is at risk already while also educating the public about the problems that our wildlife, including our national symbol, faces. We are part of a network of conservationists and scientists working together to save that which has one foot in the grave already—because their future is our future, too. We are a part of the solution, the same solution that brought the formally critically endangered Peregrine Falcon back from the brink here in Virginia, that is protecting our eagles, that T hope will continue be able to make a difference before it is too late. God may have created the earth, but it is we the people who built and developed the Roanoke valley, and it is we who will determine the fate in which the universe will go. Are we going to protect the world around us or are we going to allow the decimation and extinction of species after species until we leave the world barren, empty, and silent? Good evening. My name is Jessy Wilson, and it has been my pleasure to work at the Southwest Virginia Wildlife Center since the summer of 2015. 1 was very lucky to have grown up in the same place as an excellent wildlife center. I consider myself lucky because wildlife centers are not easy to come by. The Southwest Virginia Wildlife Center is one of only three centers in the state west of Richmond, and it provides services to the Roanoke Valley and surrounding areas that are filled by no other organization. The proposed raptor enclosure has been in the planning stages for several years. Being that we are a non-profit wildlife rehabilitation center, we have no room to make frivolous purchases or construction jobs. The wildlife center needs this enclosure. Construction of this raptor building would allow the center to offer triage for injured raptors, such as eagles, hawks, and owls. Another crucial feature of this proposed structure is that the center would be able to provide long-term care for these birds during recovery. Lacking these amenities, we are currently forced to transport many of our raptor patients to the closest wildlife center which is two hours away in Waynesboro. This travel and delayed treatment places a great deal of stress on the birds and severely reduces their chances of recovery. Not being able to proceed with the construction of this proposed enclosure would put our raptor patients at risk as well as endanger our chances of obtaining future grant money on which we rely. Since I have worked at the wildlife center for the past four summers, my awareness of the properties nearby has gradually increased. As cars drive up the road to reach our center, dust is often kicked up and it can be noisy depending on the vehicle and its speed. Furthermore, a noticeable increase in traffic has taken place in recent months, and more concerns lie in the possibility of even more traffic after the construction of the proposed enclosure. To me, these are all perfectly valid concerns that someone living nearby would have. However, I believe that there are better alternatives to dealing with these concerns rather than pursuing legal action. First, a large majority of traffic -related noise and dust would be eliminated if the road were to be paved. At the zoning appeal hearing on August 15th, I gathered that this private road is jointly owned by all three properties. If my understanding is correct, a joint payment by all parties to pave the road would have been a possibility. Considering how much has been spent in legal fees by all parties, this would likely have been a far more feasible and productive option for everyone involved. Second, it is apparent that we are experiencing more traffic on this road. This is because we have a higher patient load. I would argue that this increased traffic reflects the center's importance in the surrounding community. This does not mean that traffic will starkly increase if the proposed enclosure were to be built. It is likely that we would not get any more raptors than we already do in a regular season ---we would simply have the facilities to give them the care that they desperately need. I urge you all to consider the benefits that this raptor enclosure would have on the community and our wildlife. Thank you for your time. L�-AAn- Members of the Roanoke County Planning Commission, Thank you so much for taking the time to hear our request. My name is Lydia Hoeppner. I grew up down the street from the wildlife center and spent over b years volunteering and working at the wildlife center. When I was a freshman in high school I would walk down to the center after getting off of the school bus and volunteer any time I could helping take care of the injured and orphaned wild animals that this center took in. I am one of dozens of local volunteers who's first work with wildlife began at this center. The work we have done over the life time of the center is nearly incalculable, but at the very least begins with �rno;at, helping over ten -thousand animals thaC come through our doors, along with the thousands of people who rescue these animals and are taught by our educational programs. Everything this center does is the result of necessity. This center was started in the basement of Sabrina's house, initially taking care of a few baby squirrels every year. Over time, more and more patients came through the doors. By the time I began working there the center in 2012, the center was taking in hundreds of animals a year and the center had taken over a good portion of �u. o qE-Q)`�.. their house and outdoor caging sprawled through their property. As we took in more patients our needed changed. The screened back porch began bursting at the seams and between the volunteers needed to take care of the patients, the cages to house them in, their diverse dietary needs, medical supplies, and tools for their enrichment and comfort we began to feel like sardines in a can. Sabrina and Lucky agonized over what to do and decided to purchase a new property to keep up with the patient load. They purchased a house down the street and spent over a year renovating and preparing the new building. The property has made all of the difference in our care, allowing us to handle the over fifteen hundred cases we now take in annuals. This propose flight pen could be the difference in survival for local hawks, owls, falcons, and eagles. Some of these animals are brought from all over Southwest Virginia to our center 1-4- -� Von because we are the only center for hundreds of miles & many rescuers has the knowledge, specialized care, and facilities required to care for and triage these magnificent creatures. But, due to our limited caging we have to spend all but the smallest raptors to a center nearly 2 hours C��C C�U4t-S CE�� t Cal away ' stress alai �lil�.y�6f�-� ,i sportatiowto these creatures naturally unaccustomed to human interaction, but also putting further strain on the other center who is also often similarly bursting at the seams. This cage, which has been funded through intensive public a donation campaigns and federal grants received through our dedication to environmental protection and animal welfare is the best chance many of these patients will ever have to return to nature. E;I(i j jnl"S�-change the wildlife center has ever undergone started as a response to necessity. These changes are not made thoughtlessly or for the betterment of our reputation. They are made for the betterment of the animals in our care. Viet ctoww ,e t-to- Vvwi�Pp f Ci z ;r:'�.�f: a.iid yv.iz4'V1%ocJfYt.I va-t, r$�'�ti��zval�i `e of tttca mall�hu�-� `� ` ` a�larly l#��ious -to x r to delegitimize a publicly funded wildlife rehabilitation center for their own perceived slights. We have received an overwhelming response from our community for the right to build this cage and believe that it should be the duty of our government to see the validity, importance, and necessity of our cause. 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PROPERTY( i ��■� TEL~ 540— 4, sca_ PLANNERS AR C- JRt� - — -- — -- E3a#zer & Associates, I, ::::�_Iol'A \-Wr, I am a retired teacher and have volunteered with SwVA Wildlife Center for S years. Mission: To conserve Virginia's wildlife through rehabilitation and release while teaching care and respect of native species. As Director of Education for SwVAWC for the last 3 years I primarily work with the second half of the mission statement, "teaching care and respect of native species". As Director on Education I work with many partners, both human and non -human. My non -human partners include: 2 hawks 2 owls c 1 vulture 1 Virginia opossum 1 Eastern Grey Squirrel 2 Box turtles The animals are non -releasable primarily because of human behaviors. Hit by a vehicle, being shot or being kept as a pet. Because they would not survive in the wild tl�e options for them were euthanasia or being trained as partners ins asc��>X} They are trained Vonl by not Tame. They have a job and they do it well. We human partneinterpret their stories. They are the stars. No one forgets seeing a hawk up close or looking into the eyes of an awesome opossum: Each program introduce the participants to several of our wild ambassadors. The ambassadors share their species natural history, their personal stories, lessons on conservation and how the public can help and protect wild animals. And, how the wild ones help protect us. Since 2015 the Center has given nearly 250 programs 11,000 attendees That's a lot of education! Programs with: Public schools pre -K through high school Home schools pre -k through high school Universities Boy and Girl Scouts Community Outreach Programs Boys and Girls Club Health and Special Needs Programs Camps for Special Needs Children, Retirement Homes, Nursing Homes, and League of Older Americans Churches Civic Groups Mill Mountain Zoo National Park Service Virginia State Park Services ; cv, P lac-_ 'e, As our trained partners and part of the Center family we has a responsibility to keep these ambassadors healthy including proper diets, medical care and exercise. Just like people, the ambassadors need exercise to stay healthy and live as long as possible. For 5 of our Ambassadors, Tuskegee the Red-tailed Hawk who was kept illegally for over 10 years, Captain Hook the Broad -winged Hawk, that is blind in one eye probably from a car strike, Zombie the Eastern Screech Owl that died 3 times, Clapper the Great Horned Owl that was shot, Sable the Black Vulture that was habituated by humans.... Exercise means flying - building flight muscles, maintaining body tone, increasing respiration capacity and exercising their hearts. They need to engage in the mental stimulation and movement they were born to do - fly. They have traveled hundreds of miles to meet people but it hasn't been by their wings. Having a Flight Pen would allow the Center to fulfill that health need for these magnificent and inspiring birds. Allowing them to "free loft", to spread their wings and fly as close to naturally as possible. To build muscle and stamina for a long healthy life. They deserve this for the job they do for Virginia. As Ambassadors teaching "care and respect of native species" the birds need the flight pen. Thank You 01-k (�n"Q- Thank you for allowing me to speak this evening. My name is Dr. Diane Dorazio and I have been the Veterinarian of Record for the SW Va Wildlife Center of Roanoke at it's current facility since it opened in 2014. In July, 2015, we satisfied the state's requirements to become a licensed veterinary facility, the only one in Southwest Virginia providing care solely to native wildlife. We went through a rigorous inspection process by the Board of Veterinary Examiners to document that we are compliant with all regulations regarding the operation of a veterinary hospital. Before our rehab center became a licensed clinic, we had to transport our patients to other facilities for certain services such as bloodwork, xrays, surgery, etc. This was stressful for our patients and disruptive to the clinics generously providing that support. Our growing case load revealed the area's need for a licensed clinic Dedicated to wildlife. Our veterinary facility offers a service to other vet clinics in our area by providing a place where wildlife calls can be referred. We have also developed a relationship with the VMCVM at Va. Tech that provides wildlife medicine training for 411 year vet students and vet student volunteers in the "Wildlife Ward" admit and triage wildlife cases that are then transported to us for further care. This summer, our clinic participated in a deer project at Virginia Tech that studied the prevalence of Lyme's Disease in fawns. We have helped collect ticks for research projects at ®DU and the Univ. of Ga. trying to understand one of the most important disease reservoirs that impacts human health locally and globally. We continue to develop and nurture relationships with govt. agencies, educational institutions, and civic organizations in an effort to care for one of our area's most precious resources, our wildlife. Since opening the center in 2014, we have treated over 7000 injured, orphaned, or sick wildlife patients. Our caseload continues to grow and we continue to improve our services. Last fall, through a generous donation by Veterinarians to Cats, we were able to install a digital xray machine which enables us to evaluate our patients once they are stabilized without the stress of transporting to another facility and additional handling, thus, improving the chances of healing and release back to the wild. Now we have another opportunity to improve our care through the creation of a large raptor flight building. The majority of our patients are birds which require more extensive rehab for flight. We see a large number of raptors ( about 400 since 2014) which are injured or orphaned due to loss of habitat, toxin exposure, human or vehicle encounters, etc. Just like with human beings, many injuries in raptors require some form of physical therapy. But each time a bird is handled adds to the stress level which slows healing and increases the chance of additional injury. Normally, we have to do physical therapy in the large raptors under sedation which also comes with some risk. Having a flight building such as we are planning would allow us to provide physical therapy in a more natural setting. The large raptors such as eagles,hawks, vultures, and owls would be able to exercise their wings and legs and thus, reach the level of fitness needed for release much faster. Our goal is not to be able to release every raptor we treat. That would be ideal, but it's not realistic given the condition of many of our patients when they come in. We do, however, want to release only birds that have the best chance of being successful. For example, they have to be able to feed themselves and the only way for us to know if they are ready to do that is to give them a somewhat natural setting where they can find live prey. The large raptor flight building would provide just that. Cameras would allow us to evaluate not only the flight and perching of the birds, but their ability to see and capture food. We'd also be able to pick up on any medical issues that might hinder the birds' ability to thrive in the wild. Currently, the large raptors have to be transported to the Wildlife Center of Virginia for flight conditioning prior to release which again, adds to the stress level of the birds. Also, this adds a burden to the Wildlife Center of Virginia's space and resources. It's essential that we be able to provide this level of care locally. Finally, the raptor flight building would provide a means of exercising our education ambassadors which are not releasable due to medical or social issues such as human habituation. They have their own living quarters, however, they need regular exercise to stay both physically and mentally healthy. It is obvious through the overwhelming support we've had through this permitting process that our community cherishes and respects wildlife. Please help us continue to care for this precious asset by allowing us to complete this vital project. Thank you. Emails received after Planning Commission Meeting Packet was sent out and provided to the Planning Commission at its September 4,, 2018 meeting Page 1 of 1 Susan McCoy - [EXTERNAL] - Raptor Rehabilitation Building support From: Helen Franck <hwgfranck@gmail.com> To. <planning@roanokecountyva.gov> Date: 9/3/2018 10:31 AM Subject [EXTERNAL] - Raptor Rehabilitation Building support Dear Sir or Madam, I am a frequent supporter via donations to SWVA Wildlife Center of Roanoke, and work full-time in Roanoke as a physical therapist, although I live in Blacksburg, VA. I urge you to please support the approval of the Raptor Rehabilitation Building in Roanoke County. The work this group does to rehabilitate injured wildlife in the area is very important for the continued health of populations of predators (bald eagles, red-tailed hawks, etc) in order to maintain the balance of local ecosystems. Again, please support their continued mission by approving this next step. Best, Helen Franck, PT, DPT (919)741-3872 hwgfranck(iD�_-mail. com WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:ll/C:IUserslsmccoylAppDatalLocallTemp/XPgrpwisel5B8DOD87PO2 DOMAINM-Z ... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - Southwest Virginia Wildlife Center From: Judy Nye <jdewittnye@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/3/2018 10:39 AM Subject: [EXTERNAL] - Southwest Virginia Wildlife Center I am writing to voice my wholehearted support for Southwest Virginia Wildlife Center and for their proposed Raptor Rehabilitation Building. What an asset this organization is to this area of our state, to our wildlife and to the heart of this region! We are fortunate to have them and I hope the planning committee will give unflagging support to their continued efforts and expansion. Sincerely, Judy DeWitt Nye Sent from my iPad WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you /mow the content is from a trusted source. file:///C:/Users/smccoy/AppData/Local/TemplXPgrpwise/5B 8D0F49P42_D4MAINM-Z_P... 9/4/2018 Page 1 of 1 Susan McCoy - [RXTERNALI - Southwest Virginia Wildlife Center From: Sally Suttenfield <sally.suttenffeldl@gmail.com> To: <planning @roanokec ountyva. gov> Date: 9131201$ 10:52 AM Subject: [EXTERNAL] - Southwest Virginia Wildlife Center To whom it may concern: I am writing this on behalf of the Southwest Virginia Wildlife Center. This organization provides an invaluable service for wildlife in our area. Countless tunes injured wildlife are brought in to local veterinarians, who lack the specialized expertise to assist with these cases without doing more harm than good. Having a facility with trained personnel to refer case requiring specialized care is of huge benefit, not only to the wildlife, the veterinary community but in the work they do educating the public as well. 7 am strongly in favor of plans for a Raptor Rehabilitation Building. These large predatory birds are already at risk due to changes in the environment, both in terms of available food sources and increasing interaction with humans. Such a facility is greatly needed. Thank you, Sally Suttenfield, DVM, CCRP WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a tiusted source. file:///C:lUserslsmecoylAppDatalLocal/Temp/XPgrpwisel5B8D128AP02 DOMAINM-Z ... 4/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAEj - SW Va Wildlife Ctr From: Judy Hen sley <j udyhensl ey I @ gmail. com> To: <planning@roanokeeountyva.gov> Date: 4/3/2018 11:13 AM Subject: [EXTERNAL] - SW Va Wildlife Ctr Hello, Please look with great favor on the SW Va Wildlife Center's petition for a facility large enough to rehabilitate injured birds. It seems that the folks who are opposed would have considered the already -established animal rescue center before they bought property in the neighborhood. The rehabilitators work ,so very hard and very caringly - we should give the all the support we can. Sincerely, Judy Hensley Roanoke VA WARNING: This message was ,sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file.IIIC:/UserslsmecoylAppData/Local/Temp/XPgrpwisel5B8D1751PO2 DOMATNM-Z P... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - Raptor Rehabilitation }wilding From: Lisakrepps <lisakrepps@aol.com> To: <planning@roanokecountyva.gov> Date: 9/3/2018 12:04 PM Subject: [EXTERNAL] - Raptor Rehabilitation Building I am writing today to offer my enthusiastic support of the proposed Raptor Rehabilitation Building at Southwest Virginia Wildlife Center. As a citizen of the Roanoke Valley, I feel invested in protecting and supporting the wildlife that is such an important part of the environmental system on which we rely. For this reason, I became intimately involved with the center a year ago in the role of volunteer. In that capacity, [ have had the opportunity to learn how the center functions within the community and to observe the daily operations of the organization. My observations have led me to the conclusion that, as the only veterinary hospital in the area, the center provides an invaluable service to our community in a professional and ethical manner. The nonprofit organization, managed by caring and responsible individuals and staffed by passionate and knowledgeable volunteers, is a tremendous asset to Roanoke County, This year alone, the wildlife center has cared for approximately 1,500 orphaned and injured animals. The rehabilitation and release of many of these animals has had a tremendous positive impact on our ecosystem that cannot be over -emphasized. This positive impact will be even more profound with the addition of the raptor buiiding. Through careful research, thoughtful planning and diligent effort, a responsible pian has been devised and funds generated for this important expansion. As members of the planning commission you have a unique opportunity to support the continued efforts of this well intended and highly productive organization as we work together to improve the living conditions of the wildlife and the humans who share a common need for environmental protection in our community. During the public hearing, the leadership team of the center will share with you the importance of the new building they have worked so diligently to plan and will provide you with the reasons the wildlife of our our community- and by extension, the citizens will benefit by the proposal. I urge you to listen carefully and to vote to promote the efforts of Southwest Virginia Wildlife center to expand and improve on their already beneficial work. Thank you for your consideration in this important matter. Sincerely, Lisa Krepps WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:/IIC:IUserslsmecoylAppDatalLocallTenap/XPgrpwisel5B8D234EP02 DOMAINM-Z_... 9/4/2018 From: Liz <Imbroughton@aol.com> To: <pIan ninggroan okecountyva.gov> Date: 9/3/2018 92:57 PM Subject: [EXTERNAL] - Wildlife center I would like to go on record as supporting the wildlife center and it's proposed aviary center. My family had taken many animals to the center over the years and we know firsthand the care and compassion they show for animals. Part of the beauty of this part of Virginia is our wildlife and we feel strongly that we have a duty to protect them. Sent from my iPhone WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Page 1 of 1 Susan McCoy - [EXTERNAL] - Re: Showing my support... From: Caryn Prasse <carynp78@mail.com> To: <planning@roanokecoun@a.gov> Date: 9/3/2018 1:24 PM Subject: [EXTERNAL] - Re: Showing my support... I support the Southwest Virginia Wildlife Center of Roanoke and their mission to rehabilitate and release healthy wildlife. Please vote to allow them to build a Raptor Rehabilitation Building. Wildlife is counting on you? God, please put your hand in this. Amen. Caryn Prasse WADING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:IIIC:/UserslsmccoylAppDatalLocal/TeriaplXPgrpwisel5BSD3616P02 DOMAINM-Z_P... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - SWVA Wildlife Center Raptor Flight Enclosure From: Kelsie Brumet <terrafox@vt.edu> To: <planning@roanokecountyva.gov> Date: 9/3/2018 1:27 PM Subject: [EXTERNAL] - SWVA Wildlife Center Raptor Flight Enclosure To Whom it May Concern at the Roanoke Planning Department, I am writing on behalf of the Southwest Virginia Wildlife Center in regards to their desire to build a new building for the rehabilitation and flight training of raptors. I fully support their dedication and desire to help all wildlife, and I hope that they may get the approval they need to improve their facility. Raptors are injured and brought to this center very often-- many times this facility is the closest available refuge for such large birds, but unfortunately they do not currently have the full capacity to rehab them. The birds have to be brought several hours away to a larger facility in Virginia, which is stressful for the bird and may impact their chance to recover. Having the facilities at the Southwest Virginia Wildlife Center would allow the wonderful team there to fully rehabilitate injured raptors without subjecting them to an arduous trip to another facility. This facility is one of the very few available to the residents of the Blue Ridge area, and it is important that we improve their ability to care for the many wildlife species they take in. Please consider their request. I truly believe in the work that the refuge does, both in rehabilitation and in educating the public about native wildlife. Thank you, Kelsie Brumet Blacksburg, VA WARNING: This message was seat from outside the Roanoke Coi ty email system. DO NOT CLICK any links or downloaded attachments unless you know the content is frorn a trusted source. file: ///C: IUs erslsmccoylAppDatalLocallTemplXPgrpwise15B8D36CAP02 DOMAINM-Z_... 9/4/2018 From: Cydney Willis <crcwjMs a@cox.net> To: <plarining@roanokecountyva.gov> Date: 9/3/2018 1:33 PM Subject: jEXTERNAL] - Southwest Va Wildlife Center of Roanoke I am unable to attend the Public Planning Commission hearing tomorrow night but I would like to express my utmost support of the Southwest Va Wildlife Center of Roanoke and their plans to get the grant and to build the Raptor Rehabilitation building. I strongly believe that the Southwest Va Wildlife Center of Roanoke is a wonderful asset to our community and it is my belief that it has the strong support of our community. Sincerely, Cydney C Willis WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. From: MARY .LANE MORGAN <mjlcvescats@centurylink.net> To: <Pianning@roanokecountyva.gov> Date: 9/3/2018 3:20 PM Subject: [EXTERNAL.] - September 4 Meeting Concerning Raptor Rehab Building Permit Since i cannot attend the meeting tomorrow, I am writing to urge the Commission to approve the permit for Southwest Virginia Wildlife Center's Raptor Rehab Building. There is a big need for this building in our area and who better to build and operate it than Southwest Virginia Wildlife? I am a proud supporter of this organization and I hope the Commission will be as well by granting this permit. Thank you. Mary Jane Morgan Henry, VA WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Page 1 of 1 Susan McCoy - [EXTERNAL] - SW VA Wildlife Center From: Whitney Anderson <whitney@whitneyanderick.com> To: <plannin@roanokecountyva.gov> Date: 9/3/2018 7:30 PM Subject: [EXTERNAL] - SW VA Wildlife Center There are some upcoming decisions to be made for the Raptor Rehabilitation Center. T am so grateful that we have the possibility of having this wonderful resource in our area. Please do everything possible to allow this to proceed. Roanoke is trying to brand itself as an outdoor haven to attract residents and tourists. We need to walk the walk and support our beautiful environment and wildlife inhabitants. Thank you, Whitney Anderson Salem, Virginia Whitney Anderson. website I instagram WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is fron-1 a trusted source. file:/l/C:/UserslsmccoylAppDatalLocallTemp/XPgrpwisel5B8D8BDAP02 DOMAINM-Z_... 9/4/2018 Page 1 of 2 Susan McCoy - [EXTERNAL] - Soutbwest Virginia Wildlife Center of Roanoke, inc. From: Barbara Grogans <thebarbaradell@nsn.com> To: Tplanning@roanokecountyva.gov" <plai.using@roanokecountyva.gov>, "bhbinner... Date: 9/3/2018 9:27 PM Subj ect: [EXTERNAL] - Southwest Virginia Wildlife Center of Roanoke, in.c. Sent from Mail for Windows 10 August 24, 2018 Roanoke County Community Development P.O. Box 29800 Roanoke, VA 24018 Samuel B Grogans Barbara D Grogan 6527 Brookhaven court Roanoke, VA 24018 Roanoke County Planning Commission 18 Years ago, my wife and I move into this beautiful neighborhood. As you are aware, one's home is the most valuable investment most people invest in, and a place where you expect to have peace and tranquility, but as of late, our home has become all but that. We hear motor vehicle traffic moving back and forth all the times of day and night at tines, concerns are raised account the speed of the vehicle traffic, and the dust that is created by the volume of traffic. file:///C:/Users/smccoy/AppData/Local/Temp/XPgrpwise/SB8DA754PO2 DOMATNM-Z ... 9/4/2018 Page 2 of 2 We have a storage building near the road where we store our off season valuables for some 15 years. Recently we have found ours boxes, totes and other equipment turned over as the results of the vibration from this increased, fast moving traffic. Some years ago, we invested in extending our deck and screening it in to enjoy the peace and tranquility of our location but as of late, we cannot do that do to the road noise and dust created by vehicles and large trucks moving over this road. In the past, neighborhood kids have played in their back yards and near this road, but do to the speed and volume of road traffic, parents have barred their kids from playing around or near this area. When this organization applied for it's permit you, as board of governors "knew" that this was a residential neighborhood. I ask you to do the nothing but your jobs and do what's right. That's why we voted for you and put you in your position. The Grogans WARNIENG: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. filed//C:/Users/smccov/AoDDatalLoeal/Temo/XPmwise/5B8DA754PO2 DOA NM -Z ... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - SW Virginia Wildlife Center From: Pam Bostic <glo4mechick@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/3/2018 10:04 PM Subject: [EXTERNAL] - SW Virginia Wildlife Center Good morning! Please give very thoughtful consideration to your decision on what happens to our much needed local wildlife center. This center is so important for our wildlife! Their very survival depends on it remaining open. The volunteers are such wonderful and caring people! They give so unselfishly of themselves, their time, and their money to work with and save our injured wildlife. Please keep that in mind and do what is best to protect our wildlife!! Thank you for your time! Respectfully, Pam B. WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:/11C:/UserslsmccoylAppDatalLocaVTemp/XPgrpwisel5B8DB005PO2 DOMAINM-Z_... 9/4/2018 Page 1 of 1 Susan McCoy - /EXTERNAL] - wildlife building permit From: "Gloria Parry" <gloriapar@cox.net> To: <planning@roanokecountyva.gov> Date: 9/4/2018 5:49 AM Subject: [EXTERNAL] - wildlife building permit Hello, I am in favor of giving Sabrina the permit she needs to build what is needed to assist in rehab of wildlife -eagles - etc. Gloria Parry WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file://IC:IUsers/smccoy/AppData/Local/Temp/XPgrpwise/5B8E1CCEP02 DOMAINM-Z ... 9/4/2018 From: Barbara Dalhouse Barbara@dalhouse.me> To: "planning@roanokecountyva.gov" planning@roanokecountyva.gov> Date: 91412018 8:26 AM Subject: [EXTERNAL] - Raptor Rehabilitation Building at Southwest Virginia Wildlife Center We urge approval of this facility for our area so rich in wildlife. Roanoke County is situated beautifully as a center of natural wildlife in the mountains that surround us. The proposed Raptor Building will add a badly needed ability to treat injured large birds that otherwise have to be transported in deep stress to another center in the Shenandoah Valley. Having such a facility in Roanoke County would enhance our reputation for recognizing the value of our wildlife heritage and our responsibility to protect it for succeeding generations. Please note "yes". Barbara and Warner Dalhouse Sent from my iPad WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Page 1 of 2 Susan McCoy - [EXTERNAL] - In re, the matter of Southwest Virginia Wildlife Center of Roanoke From: "Samuel J. Williams" <samwl948@yahoo.com> To: "planning@roanokecountyva.gov" <plammng@roanokecountyva.gov> Date: 9/4/2018 8:45 AM Subject: [EXTERNAL] - In re: the matter of Southwest Virginia Wildlife Center of Roanoke Dear Planning Commission of Roanoke County, Virginia: We'd greatly appreciate your approval this evening of the Center's proposed building for rehabilitation. of sick and injured wildlife --especially birds of prey. Despite arguments from neighbors who have moved in since its inception, the Center has not caused disproportionate noise., traffic, or environmental issues. The proposed addition is essential for the Center. Because of proper planning, it should not .wise legitimate issues for any neighbors. The Center's relatively -remote location is pleasant for the staff and volunteers and a natural, healing environment for its 'patients'. We have spent a great deal of time at such a center in. Alaska-- The Alaska Raptor Center in Sitka, (https: / / alaskaraptor. That center is several times the size of ours, and no complaints have been lodged against them. We should follow wait. 'hank you for your bind and thoughtful consideration. Sincerely, Sam and Liz Williams SAMUEL J. WILLIAMS, IJ, MD, FACS and ELIZABETH J WILLIAMS 834 Red Lane, Salem, Virginia 24153-2726 USA 540/ 387-0155 (Home); 540/ 819-8516 (Cell) samw1948k,yahoo.com ... LIZ and I share this address! file:/I/C:/Users/smecoylAppDatalLocallTempF, Pgrpwise/5S8E461DPO2 DOMAINM-Z_... 9/4/2018 Susan McCoy - [EXTERNAL] - Response to SW VA Wildlife Rezoning From: Laura Thompson <1thompson2216@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/4/2018 9:16 AM Subject: [EXTERNAL] - Response to SW VA Wildlife Rezoning Attachments: Ro Co Planning Commission - SW VA Wildlife response.docx Good morning - Please see the attached letter as a response to the SW VA special use permit. 1 live on Brookhaven Court and receivec as I would be directly impacted. If you have any questions for me, please let me know. Thank you, Laura Thompson Page 1 of 1 Wildlife Center's request for a a letter from Roanoke County CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e -mai[ and destroy all copies of the original message and any attachment thereto. WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:I/1C:lUserslsmecoylAppData/Local/Temp/XPgrpwisel5B8E4D87P02 DOMAINM-Z .,. 9/4/2018 September 4, 2018 ATTN: Roanoke County Planning Commission RE: Southwest Virginia Wildlife Center of Roanoke — Special Use Permit To Whom It May Concern — My family and I moved to Brookhaven Court located in SW Roanoke County on July 26, 2018. Our property is adjacent to the SW VA Wildlife Center and from our property we are able to see not only their property but we experience the traffic from Coleman Road as it runs along the back of our property/yard. In just over the month we have lived in our home, we have been witness to various aspects of the center including heavier than expected traffic, speeding on the gravel road and the negative side effects of the volume of traffic such as dust, etc. When we purchased the property in Juiy 2018, we were aware of the center and acknowledged a certain level of traffic, but we were unaware of the anticipated expansion of their facilities that are within yards of us. Knowing what we know now this would have played heavily in our decision to purchase this home. My husband and I work extremely hard and were beyond excited to purchase a home that is on the "outskirts" of mainstream Roanoke to be able to enjoy the quiet and peacefulness of the area and also have an opportunity for our son to be able to play in a neighborhood setting. Now we feel that all that we have worked hard for is getting taken away by this impending expansion and the negative media and public attention it has received. I do not feel that this non-profit/business should be allowed to expand in a residential area. They need a larger piece of property that does not impede on the rights of their neighbors. 1 feel very strongly about the expansion and how it will also negatively impact tax assessments and value of properties in the near future. It would also hinder future sell of homes due to potential buyers not wanting to be forced to "live with" a business behind their home. Since moving in, my son is not allowed to have full access to his own backyard due to the multitude of traffic and speeding of said traffic — this creates a major safety concern. But I also feel that any growth of traffic and lack of taking care of the gravel road — it impedes our rights as homeowners to utilize our property to the fullest. Not to mention I am not particularly fond of the thought of seeing various cages, etc. from my back deck — their expansion takes away from our privacy and ability to have a peaceful time on our own property. There is a growing frustration with multiple neighbors (on Brookhaven Court and Coleman Road) about how the Southwest VA Wildlife Center has utilized media to villainize the property owners stating their disagreement, with the expansion, along with how they completely lied on social media about the context of the August 15th 2018 meeting. On their Facebook page (the morning of the meeting in August) stated that the organization was "in jeopardy of being shut down" and put a call to action for supporters to prevent the closing of their organization. As most people who took the time to actually research the issue that was NOT the case and in turn completely put the families appealing the rezoning at risk of threats. The organization and their followers also incited a call to boycott businesses associated with the families appealing rezoning. My husband and I received a Setter from Roanoke County as you deemed it necessary to inform of us of changes coming, due to our home being directly affected. 1 feel that ONLY neighbors of the SW VA Wildlife Center should be allowed to attend these meetings and have a say in the outcome. Those of us living directly around the center WILL BE impacted — not people who live elsewhere. I feel frustrated that people who do not have a vested interest in the outcome get to have a "say" in what happens. Not to mention how many of us that oppose this will be publicly tarred and feathered like the other 2 families were? To be honest I feel that Roanoke County has not followed their own zoning guidelines for permits and structures with SW VA Wildlife Center as they were deemed a "single family residence" for many years even though they were operating as a full on vet clinic at times and housing animals beyond birds. I would ask that these structures they have built over the past few years be investigated, as it appears that they have been given preferential treatment by the planning commission. If any homeowner wanted to build a simple shed on their property, we would have to apply for a permit and follow the guidelines set forth by Roanoke County to erect such a structure — yet on just over 2 acres — why has the SW VA Wildlife Center been allowed to build without said permits and maintain the status of a "single family residence"? I live in a single family residence home and property because I reside there and it is not a business, vet clinic, etc. Why are they being treated the same as my home and property rights? i find it disheartening that Roanoke County would ever consider NOT following their own guideline or laws. I sincerely hope that you will take the time to investigate and really hear what the neighbors DIRECTLY impacted by an expansion of this business would mean. I understand that the organization has many followers, not only in VA but apparently across the world, who have all written in to express their love of animals and those helping of animals BUT the ONLY opinions that should be taken into consideration are those of the individuals that will have to live with the outcome. As home/property owners that are directly connected to the SW VA Wildlife Center, I would ask that you not allow this special use permit. This organization needs to locate a larger piece of land that does not impede on other properties rights. Thank you — Laura & Michael Thompson Page 1 of 1 Susan McCoy - [EXTERNAL] - Southwest Virginia Wildlife Center of Roanoke From: Dawn Rae <drfbso@gmail.com> To: <plamiing@roanokecountyva.gov> Date: 9/4/2018 9:27 AM Subject: [EXTERNAL] - Southwest Virginia Wildlife Center of Roanoke Greetings, My name is Dawn Finney and I am a Roanoke County resident, residing at 5837 Kathryn Drive. I am writing you to express my support for the Southwest Virginia Wildlife Center and it's current need to construct a Raptor Rehabilitation Building. The Center works tirelessly to rehabilitate injured aninnals and birds in our region. This structure is very much needed to get the birds to the point of being reintroduced to nature. Having to relocate them to other facilities adds to the stressful and precarious steps of rehabilitation. Please consider this building approval thoughtfully and with the intent to protect nature, not to cave to neighbors with deep pockets and greed in their hearts. Thank you, Dawn Finney WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:IlIC:/UserslsmccoylAppDatalLocallTemplXPgrpwisel5B8E4FF2PO2_DOMA_INM-Z P... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - support for the Southwest Virginia Wildlife Center From: Kathryn Arrington <ksarrington@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/4/2018 9:48 AM Subject: [EXTERNAL] - support for the Southwest Virginia Wildlife Center Z support the work of the Southwest Virginia Wildlife Center and their need to move forward with plans to build a Raptor Rehabilitation Building. Kathy Arrington 3116 Gleamont Dr Roanoke, VA 24018 540-3146131 WAITING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any lanlcs or downloaded attachments unless you lmow the content is from a trusted source, file:IIIC:/Userslsmccoy/AppData/Lo cal/Temp/XPgrpwise/5B 8E5504PO2_DOMAINM-Z_P... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - SW VA Wildlife Center of Roanoke From: Sharon Layman <sandggreer@gmail.com> To: @fanning@roanokecountyva.gov> Date: 9/4/2018 10:11 AM Subject: [EXTERNAL] - SW VA Wildlife Center of Roanoke Please approve the Raptor Rehab Building for the SW VA Wildlife Center of Roanoke. Roanoke County has a large percentage area that has many different species of wildlife. Owls and hawks help keep rodents under control. When I find an injured owl or hawk (which I have several times), I very much appreciate the fact that we have a wildlife center to care for it. The Rehab Building is necessary for the task of taking care of these animals. I support the Wildlife Center in their endeavors and would appreciate the planning cornmission's support as well. WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any lir&s or downloaded attachments unless you know the content is from a trusted source. file:lllC:/UserslsmccoylAppDatalLocallTemplXPgrpwisel5B8E5A3BPO2_DOMAINM-Z ... 9/4/2018 Page 1 of 1 Susan. McCoy - [EXTERNALJ - SW VIRGINIA WILDLIFE CENTER From: Michelle Buonocore <zampanthorse@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/4/2018 10:23 AM Subject: [EXTERNAL] - SW VIRGINIA WILDLIFE CENTER 1 SENT THIS EMAIL FROM MY WORK EMAIL AND I SHOULD NOT HAVE, CAN YOU PLEASE DELETE IT AND USE THIS INSTEAD, WHICH IS MY PERSONAL EMAIL, THANK YOU VERY MUCH IN ADVANCE. Good morning. I will not be able to attend the meeting tonightfor this permit hearing but would like to offer the following comments. Many years ago i brought animals and birds to the Garvins' home for treatment when they did not have a dedicated facility. Sabrina was always so nice and thoughtful and put animal care first. She continues her mission today with the help of many dedicated young people providing volunteer services and absorbing a valuable wealth of knowledge. Since they acquired their facility and moved to it from their home, they have continued to provide a vital service to the community. This may well be the largest facility of its kind in a broad swath of Virginia land, short of going to the Wildlife Center of Virginia in Waynesboro which 95 miles away. What kind of a person is opposed to rehabilitating wildlife or hearing the beautiful sounds of animals and birds? Do we as a community, as a county, want to be associated with anything like this? I say NO and that we should support the facility's expansion in any way that we can. Indeed many people including 1, send money to them regularly to help them stay afloat. The facility location is deep in the woods in natural surroundings with a lot of trees and land between houses. If these people are opposed to seeing and hearing wildlife, why would they set up shop in such a place? Perhaps they belong more in an urban setting such as downtown. Let use recall that they are the same people who publicly and with legal action, opposed approval of the Chick fil A in Salem, simply because they own the nearby Bojangles and were afraid of competition. They certainly failed at that laughable endeavor and are clearly litigious and hateful people. PLEASE do the right thing and allow them to continue their expansion. Michelle Buonocore WARRING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted sourcc. file:111C:lUscrslsmccoylAppDatalLocal/TempINTgrpwisel5BSE5Dl3P02 DOMAINM-Z 9/4/2018 From: Joan <scone67@yahoo.com> To: <planning@roanokecountyva.gov> Date: 91412018 10:49 AM Subject: [FXTERNALj - Southwest VA Wildlife Center - Raptor rehabilitation building Dear Planning Commission, I am writing to show my support and urge approval to build the raptor rehabilitation building at SW VA Wildlife Center. The Wildlife Center provides necessary services to aid injured wildlife in our area and this extension of services is much needed to enable for the care and rehab of large birds in our immediate area without having to transport to other areas, which would create stress for the injured birds, in addition to straining resources - time & financial - for the Center. Our area is known for support of the outdoors, and the Center, along with this extension of services, aids in promoting/sustaining healthy wildlife in support of our community's love of nature. Additionally the Center does much needed education at schools and throughout the community on wildlife and continuing to support the Center's services and expanded capacity for care, will allow for education to expand and evolve, as well. I fully support the building of the raptor rehabilitation building at SW VA Wildlife Center. With kind regards, Joan Hurley Sent from my iPad WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Page 1 of 1 Susan McCoy - f EXTERNAL] - SWVA Wildlife Center - SUPPORT for raptor building From: Becky Murray <beckymurray44@gmail.corn> To: <planning@roanokecountyva.gov> Date: 9/4/2018 12:51 PM Subject: [EXTERNAL] - SWVA Wildlife Center -SUPPORT for raptor building Dear Planning Commission, I am writing once again in great support of the SWVA Wildlife Center and their plans to build a Raptor Rehabilitation Building. The work they do is critical to the wildlife mi our area. Cuzxently eagles and other large birds have to make a stressful trip to get treatment. Having a center like this in our area will greatly improve these birds chances for survival. With ever-increasing negative human impacts to our environment and wildlife, this center provides a vital resource. They need our support. Please approve their plans for a Raptor Rehabilitation Building. Sincerely, Becky Schneider Blacksburg, VA WARDING, This anessage; was sent iiom outside the Rowioke Count email system. DO NOT CLICK any links or downloaded attachments unless yott know the content is from a trusted source. file:///C:IUserslsmecoylAppData/LocallTemplXPgrpwise/5B8E7FCBP02_DOMAINM-Z ... 9/4/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - Raptor Rehab Building From: Mazy Dillard <edgewoodhorses@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/4/2018 4:17 PM Subject: [EXTERNAL] - Raptor Rehab Building To Whom It May Concern, I am writing today to ask that you allow Southwest VA Wildlife Center of Roanoke to build their planned Raptor Rehab building. It is a much needed facility as there are so few places with the knowledge and resources to do wildlife rehab. It is especially important that these birds have a place big enough to build up their strength before being set free. I have had personal interaction with the center. They are knowledgeable and professional. And they aim to educate the public along with caring for the animals. They provide much needed services to the animals and to the community. I hope that you will give the go ahead for them to build the new raptor building. Thank you for your consideration.. MB Dillard WARNING. This message was sent from outside the Roanoke County email system. DO NOT CHICK any links or dm�nloaded attaclunents unless you knova the content is from a trusted source. file:1//C:lUserslsioccoylAppData/LocallTemp/XPgrpwisel5B SEAFFEPO2_DOMAINM-Z_... 9/4/2018 From; Sherrill Cormany <sherrill.cormany@icloud.com> To: <planning@roanokecountyva.gov> Date: 9/412018 6:03 PM Subject: [EXTERNAL] - Permit for raptor project expansion Please approve this permit. I am an avid animal and eagle lover and hope to see this expansion so that eagles and other raptors can have space to heal and strengthen before being released back to the wild. I cannot attend the meeting but support the VVldlife Center 100%l Please help this wonderful organization to expand and rescue more creatures. Thanks for your consideration. Sherrill Cormany Sent from my iPad + WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. w From: Amanda Dalton <ndaitonl I@cox.net> To: <pianning@roanokecountyva.gov> Date: 91412018 6:13 PM Subject: [EXTERNAL) - Swva wildlife center I'd like to share my support for the raptor project and the SWVA wildlife center. I think it's important to look not only at the length of time they have been on the property but more importantly the service they provide to not only our county but surrounding counties and agencies. Please don't allow these neighbors to shut down such a needed organization. Thank you, Amanda Dalton Sent from my iPhone WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any Isnks or downloaded attachments unless you know the content is from a trusted source. + Page 1 of 1 Susan McCoy - [EXTERNAL] - Swva wildlife center From: Tina Gibson <mushertw@gmail.com> To: <planning@roanokecountyva.gov> Date: 91412018 6:24 PM Subj ect: [EXTERNAL] - Swva wildlife center Planning commission, please support the building of the raptor flight center, volunteers have worked so hard to obtain the $55,000 grant, please do not let their efforts be futile. My understanding is if the grant money is not used the center will be ineligible for all fixture grants! That is huge!! Our wildlife have very few in their court and they depend on the Wonderful people at swva wildlife center to help them in their time of need, I have personally brought many species to the center and it is such a relief to know they will be cared for in their best interest. The center is a great asset to Roanoke county! Please don't allow the view of a few lead to such a great loss for our public and wild community! Respectfully, Tina W. Gibson WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:lllC:/UserslsmeGoy/AppDatalLocal/Temp/XPgrpwisel5B8ECDF4PO2 DOMAINM-Z_... 9/4/2018 From: Emil Morris <emiljudemorris@gmail.com> To: <planning@roanokecountyva.gov> Date: 9/4/2018 6:38 PM Subject: [EXTERNAL] - raptor center for SVWCR I cannot express strongly enough my support for the Southwest Virginia Wildlife Center's expansion. I live just outside of Radford, and have made the trip out several times with wounded animals who may not have otherwise survived. This need is not just about the immediate Roanoake area. Animals like opossums and squirrels have wildlife rehabbers that can attend to their needs close to us, but birds do not. Their care is different, their health can be fragile, and compassion for them is not as free-flowing as that for mammals. Some are seen, erroneously, as vermin- especially birds like vultures, who are a necessary and beneficial part of our Virginia ecology, even though they are viewed with distaste by many people. They curb the spread of pests and disease from natural and human activity, and by extension, make us all safer (especially curious pets and children.) Likewise, ravens are incredibly intelligent, charming and sensitive animals who, as corvlds, recognize individual humans who do them kindness. The healing of wild animals is a service to the world. The center is a beautiful place, and I am confident that the expansion will also be beautiful. It may also provide a venue where students and veterinarians could potentially study recovering animals, doing service to science as well. As any of us who have ever had a medical recovery can attest, any period of restriction of movement can lead to ages of struggling and adverse outcomes in physical therapy and life beyond. The least we can do is allow large birds, many of whom are already so threatened by our disruption, the best aid we can offer - what we hope to offer to ourselves. I will also add that the recent challenges to SVWCR's existence are, in a word, despicable. There is no reason except pride and greed that anyone would want to shuffle a bunch of frightened, wounded animals away where they're less "inconvenient." it is a motif of so much that is wrong in this world, and I am happy and relieved to hear that things have been thusfar favorable for the center. Many of us are watching these proceedings, hoping that those involved with do the right thing- the kind and compassionate thing- by allowing some small place where care for nature may come first. Sincerely and attentively, - Emil Morris WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Page 1 of 1 Susan McCoy - [EXTERNAL] - In Support of an Expansion for the Southwest Virginia Wildlife Center of Roanoke From: "Pittman, Autumn" <adpittman@email.radford.edu> To: "planning@roanokecountyva.gov" <plannin@roanokeeountyva.gov> Date: 9/4/2018 6:39 PM Subject: [EXTERNAL] - In Support of an Expansion for the Southwest Virginia Wildlife Center of Roanoke To Whom It May Concern, am writing to you to express my strong support for the approval of the Southwest Virginia Wildlife Center of Roanoke to build a Raptor Rehabilitation Building. I urge you to please vote in favor of this expansion. Raptors and large predatory birds are of great ecological importance. They help reduce pest animal populations, such as non-native house rats and house mice; they help clean up roadkill carrion; they help keep many native species' populations in the proper balance. If the Southwest Virginia Wildlife Center of Roanoke is allowed to build their Raptor Rehabilitation Building, this will inevitably allow them to better care for the predatory birds they take in, resulting in more birds able to be rehabilitated, and re-released in better condition. This will thus directly benefit the raptor populations, the local environment, and the people that live in the area. The Southwest Virginia Wildlife Center of Roanoke does a great and selfless service to the community and to the local environment. Their work has saved hundreds of animal lives, and they are the only wildlife rehabilitation center that has the ability to properly care for and rehabilitate birds -- not just in the Roanoke area, but near the New River Valley area as well. The center better allows wildlife and civilization to coexist. The center is of great personal importance to me, having brought many birds there when no other rehabilitation center could receive them due to an inability to care for them properly. I am not alone in this feeling; I know many others feel the same way about the center and 1 hope they will show their support likewise. In closing, I would again urge you to vote for the approval of the Raptor Rehabilitation Building, as the benefits of this expansion are of great importance to humans and wildlife alike. I thank you for your time in reading this message. Sincerely, Autumn Pittman WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:/I/C:lUsers/smccoylAppData/Local/TemplXPgrpwisel5B8ED 16EP02_DOMAINM-Z_... 9/5/2018 STAFF REPORT Petitioner: Southwest Virginia Wildlife Center of Roanoke, Inc. Request: To obtain a Special Use Permit to construct buildings on a parcel (approximately 2.85 acres in size) without public road frontage Location: 5985 Coleman Road Magisterial District: Cave Spring Suggested 1. Concept Plan Conformance. The site shall be developed in general Conditions: conformance with Special Use Permit Concept Plan (Exhibit A) for Roanoke Wildlife Rescue prepared by Lumsden Associates, P.C. dated April 25, 2018. 2. Screening. A double row of large evergreen trees shall be planted along the western property line from the existing driveway to the existing vegetation shown on the Special Use Permit Concept Plan, which is approximately 100 feet. The large evergreen trees shall be a minimum of 6 feet tall when planted and shall be spaced 20 feet on center. EXECUTIVE SUMMARY: Southwest Virginia Wildlife Center of Roanoke, Inc. currently runs an approved Veterinary Hospital/Clinic at 5985 Coleman Road. Southwest Virginia Wildlife Center of Roanoke, Inc. is petitioning to obtain a Special Use Permit to construct buildings, including a raptor rehabilitation building, on a parcel without public road frontage. The property is approximately 2.85 acres and is located within the Agricultural/Residential (AR) zoning district. The Roanoke County Zoning Ordinance stipulates that any lot of record that is nonconforming because it has no public street road frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a special use permit for the proposed development. Only the desire to expand the existing, approved zoning use on a non -conforming lot (no public road frontage) creates the need to obtain a special use permit. The Future Land Use map designates this land parcel as Development which is an area where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines the following terms as follows: Veterinary Hospital/Clinic: Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospitallclinic use, unless also authorized and approved as a commercial kennel Nonconforming Use: A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. Nonconforming Lot: A lot, the area, dimensions, or location of which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision, or amendment of this ordinance. The Veterinary Hospital/Clinic has been in operation at 5985 Coleman Road since 2014. A Veterinary Hospital/Clinic is a by -right zoning use in the Agricultural/Residential (AR) District, and is therefore considered a conforming use. The Roanoke County Zoning Ordinance contains no Use and Design Standards associated with a Veterinary Hospital/Clinic. The public road frontage requirement for a parcel zoned AR, Agricultural Residential, without public water and public sewer is 110 feet. Since the property at 5985 Coleman Road does not have any public road frontage, it is considered a non -conforming lot. Section 30-23-5(B) of the Roanoke County Zoning Ordinance addresses development on nonconforming lots of record. It states: Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviewed and grants a special use permit for the proposed development, expansion and use in accord with the standards and provisions contained in section 30-19 of this ordinance. This provision shall not apply the use and development of such parcels for any agricultural and forestry use type, or for single or two family dwellings. Construction and operation of the raptor facility and other buildings would expand the existing, allowed Veterinary Hospital/Clinic zoning use and thus requires a Special Use Permit. If approved, any building construction would require approval of a building permit. 2. ANALYSIS OF EXISTING CONDITIONS Background — The petitioners have operated a Veterinary Hospital/Clinic at 5985 Coleman Road since 2014. This non-profit organization provides for medical care of injured wildlife with the overall goal of releasing rehabilitated animals back into nature. Having operated successfully for several years, and desiring to enhance the organization's capacity to rehabilitate and medically treat birds of prey, the center intends to construct an approximately two -thousand eight -hundred and seventy-five (2,875) square foot raptor building, partially grant award funded, so that these animals can rehabilitate, according to veterinarian treatment plan, and learn to hunt in a controlled setting before release into the wild. The organization accepts injured animals from multiple sources within the community, while also offering educational programs and volunteer opportunities for public school students. Veterinary students also train at the facility, to gain experience with wildlife medical treatment otherwise unavailable. The Southwest Virginia Wildlife Center is licensed by several federal and State entities to include the Virginia Board of Veterinarian Medicine, Virginia Department of Game and Inland Fisheries, and the United States Fish and Wildlife Service. These entities require the wildlife center to both comply with regulations affecting its daily operation and submit to yearly inspections to ensure regulatory compliance. Topography/Vegetation — The parcel is relatively flat on the southwestern portion of the property where the raptor facility is proposed to be constructed. The eastern and northern portions of the property slope downward to the property lines and are heavily wooded. Additional mature trees are scattered through the southwestern and southern portions of the property. There are no existing natural or artificial watercourses on the property. Surrounding Neighborhood — Properties to the north, west and east are zoned AR, Agricultural/Residential, and include vacant and single family residences on larger parcels. Properties to the south are zoned PRD (The Groves) which include single family homes on smaller residential lots. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — As shown on the concept plan, the raptor building would be approximately two - thousand eight -hundred and seventy-five (2,875) square feet in area. The proposed raptor building would be set back approximately 31 feet from the western property line and 40 feet from the southern property line. In addition to an existing veterinary care building, the property harbors a building for care of educational animals and eleven other structures/enclosures for the purpose of housing wild animals for medical care by a licensed veterinarian. The concept plan also shows an area where future or relocated animal enclosures could be located or relocated. Access/Traffic Circulation — The subject parcel is directly accessed from an easement attaching to the end of Coleman Road. The wildlife center is allowed use of this private road as designated on the property deed. The easement spans a distance of approximately eight -hundred and fifty-nine (859) feet between the end of Coleman Road state maintenance and the western property line of the wildlife center. There is no existing road maintenance agreement and Roanoke County ordinance does not regulate existing private roads. The VDOT average daily traffic count for Coleman Road, ending at the property of 5946 Coleman road is two -hundred and fifty (250) vehicles. Fire & Rescue — The Fire Marshal will require adherence to all relevant provisions of the Virginia Statewide Fire Prevention Code. Economic Development — The Economic Development Department supports this petition. Building Safety_— The Office of Building Safety approved a change of use of the veterinary hospital to a Business building use type, indicating compliance with relevant provisions of the Building Code. Any new buildings would have to meet the requirements of the County's Building Code. Animal Control — The entity reports no known concerns regarding this property. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designates the Future Land Use area of this property as Development, an area where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. The Roanoke County Zoning Administrator approved operation of this by -right Veterinary Hospital/Clinic zoning use in 2014. Expansion of this allowed use, by construction and operation of the existing and proposed buildings, does not inhibit previous compliance with the comprehensive plan. Furthermore, operation of the wildlife center likely generates less traffic volume and on-site activity than the retail and office zoning uses expected within the Development future land use area, to include schools and multi- family dwellings. Because of these factors, the applicants' proposal generally conforms to Roanoke County's Comprehensive Plan. 5. STAFF CONCLUSIONS Southwest Virginia Wildlife Center of Roanoke, Inc. currently runs an approved Veterinary Hospital/Clinic at 5985 Coleman Road. The petitioners are requesting a Special Use Permit to construct buildings, including a raptor rehabilitation building, on a parcel without public road frontage. The Roanoke County Zoning Ordinance stipulates that any lot of record that is nonconforming because it has no public street road frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a special use permit for the proposed development. Only the desire to expand the existing, approved zoning use on a non -conforming lot (no public road frontage) creates the need to obtain a special use permit. Staff anticipates that expansion of the approved, by -right Veterinary Hospital/Clinic zoning use would have minimal impact on the surrounding neighborhood. Staff would recommend two conditions be placed on the special use permit dealing with concept plan conformance and screening. This petition generally complies with the Comprehensive Plan. CASE NUMBER: 3-5/2018 PREPARED BY: Brian W. Hughes HEARING DATES: PC: 9/4/2018 BOS: 9/25/2018 ATTACHEMENTS: Application Aerial Map Land Use Map Zoning Map AR Zoning District Standards Development Future Land Use Designation Photographs Comments/Information Received from the Public i County of Roanoke For Staff Use Only Community Development Date received: Received by: Planning & Zoning Q - 2cl)3 N(! ,, - Application fee: PC/BZA date: 5204 Bernard Drive P O Boy 29800 Placards issued: BOS date: Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 Case Number T ALL.APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review 0 -16) !'" � �W �v �� 5 i�l�-1 Al1�+,� �1,_ `]AppliCaf VW ST/V r���ii�l��j ) (1T� (�� QCs Work: <iq Li 1� co le-VhCU I r(d Cell #: Z Fax No.: Owner's nameladdressswlzip Phone �0 q'g 5 (P ,�q �y3 'Gd � vina � iX Work: 1 Fax No. CfV) S6l'5 CC marn -- —49 A Z 4o [ c�/ Property Lio oe � Magisterial District: r- q OM&e V M Community Planning area: 1510�b Tax Mapotj t,.,00� O - Existing Zoning:( 1 il— Size of parcel(s): Acres: � Existing Land Use: t-• Al 06 I r n 1 C REZONING,, SPECIAL USE PERMIT; WAIVERAND_.COMPPLAN(1522232) REVIEW.APPLICANTS(RlS/W1CP) Proposed Zoning: `i;-� iyt� Proposed Land Use: i "N 1 Does the parcel meet the minimum lot area, width, and fi-ontage requirements of * e requested district? Yes G No ❑ IT NO, A VARIANCE IS REQUIRED FIRST. ' Does the parcel meet the minimum criteria for the requested Use Type? Yes ❑ No ❑ IF NO, A VARIANCE IS REQLT ED FIRST If rezoning request, are conditions being proffered with this request? Yes C No ❑ VAR MNCE, WAIVER AND AD*UN"IS7'RA7'IVE APPEAL APPLICANT'S (WW/AA) - k. Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance er tolk: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance O _� Appeal of Interpretation of Zoning Map to r Is the annlication comnlete? Please check if enclosed. APPLICATION WILL NOT Rh ACCI:P ITEMSARE MISSING OR INCOMPLETE. R/S/W/CP v/AA R/-qnV/CP V/AA Consultation S 112" x 11" concept plan Application Metes and bounds descrip on Justification Water and sewer applic{ ti' I hereby certify that 1 am either the owner of the property or the owner's ag nixr consent f the owner. i V/A Appncanon tee Proffers, if applicable Adjoining property owners and am acting with the knowledge and Owners Signature 2 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site I. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items 4equirgq ih he checklist above are complete. Signature of l - �Iq Date rel Community Development 0.ry Planning & Zoning Division � 38 POTENTIAL OF NEED FOR TRAFFIC ANAI,Ysis AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff` and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Ikon -specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g,, Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly o When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan G Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day EffecVve date. April 99, 200.6 7 A AV Community Development = Planning & Zoning Division , z 1839 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TpAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests fiuther traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient tirne for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date. April 19, 2005 (ev)kA d Aro 1q Plain P ' ti n Ppe#i#i per's Sic dature C� ate The property located at 5985 Coleman Road is currently zoned AR and falls under Article III -District Regulations, Section 30-3-2. AR Agricultural/Residential District Permitted Uses. (A) Commercial Uses - Veterinary Hospital/Clinic. The Building located at 5985 is currently used as a Wildlife Veterinary Clinic The nonconforming development on the 2.85 acres falls within the applicable use and design under the District regulations Section 30-23-5- Nonconforming Lots of Record. Expansion is allowed providing the county reviews and grants a special use permit set forth in the standards and procedures contained in Section 30-19 of this ordinance. The impact on the property at 5985 Coleman Road is minimal. The proposed primary Raptor building will be situated beyond the set back line stated in 30-34-3 Site Development Regulations. The building will also be located over 31 feet behind the building line. The selected location will be 31 feet from the side yard meeting the regulation. The height is 20 feet which is,less than the maximum of 45 feet in height per the regulations. The total building coverage, including accessory structures, is approximately 5.5% which remain well below the maximum allowable (25%) by zoning code for this district. Additionally, the total proposed lot coverage is approximately 14.8% which also remain well below the maximum allowable (50%) by zoning code forthis district. Thee totals are based off the total surveyed lot acreage of 2.854 acres (124,327s.f.). The impact to allow the wildlife center's expansion of a primary building is minimal. As stated in the above paragraph the building meets all requirements, and is smaller than the allowed size. The building is a state of the art design, becoming an asset to the Roanoke County and the community. The request for a building is necessary to lessen the time needed to rehabilitate raptors, and the time each hawk or owl spends at the veterinary center. It allows for multiple species to receive necessary flight time at the same time, building pectoral muscles and stamina for release and returning vital wildlife much quicker to their original habitat and allowing the species to continue to flourish. Impacting the private well on the property will increase only slightly, raptors are not large consumers of water, typically they only bathe, and the wildlife is already in our care at the center. A fence was added on one side of the driveway nearest the closest adjoining neighbor after we opened to lessen the view. These neighbors actually expressed how disheartened they were when the fence was placed between our properties; they actually expressed a desire to watch our rehab efforts, especially after the numerous improvements made to the site and building. Roanoke County Animal Control, Conservation Officers and the Police Department will still be able to use our facility as they do now, for dropping off injured or orphaned wildlife in need of our services. The wildlife center greatly benefits the environment: County, Parks, and Greenway with our release of species in decline. The center's rehab of endangered, threatened and migratory species has a profound effect on our environment and well- being. Southwest Virginia Wildlife Center of Roanoke is an asset that few localities have. The public's need for wildlife care has been met and daily, their gratification is expressed for our volunteer work and hours provided free for the community. The center provides invaluable education programs to the area elementary and middles schools, churches and civic groups and is in constant and growing demand, teaching the youth about their environment and wildlife and coexisting. When an injured or orphaned wild animal is admitted the patient is placed in an appropriate sixed containment. Depend on the needs the animal may be placed in ICU for intensive treatment and possible surgery, x-rays. The animal is moved to the appropriate room to be housed with similar species. Once the animal is at the proper stage (age) or eating on its own, it is then placed outside in appropriate sized building for that species to flourish, while gaining strength for release. This stage is necessary for the animal's viability in nature, Once the patient is deemed releasable by the staff veterinarian or the Category 111, they are taken back to the location of rescue or a suitable habitat for release; returning needed and declining species that help decrease our foot print on our environment and the cycle of life. Different sized buildings are required for different species. We do not place a Buteo (one species of hawk) in a 10' X 10' cage; it requires an area larger than its wing span to strength pectoral muscles required for capturing small mammals and rodents. We following building requirements set forth by the VDGIF and USFWS. The Special Use is in accordance with the current and approved use of the property at 5985 Coleman Road. Requesting a special use permit for a primary building to house raptors will allow the center to properly exercise native species and return them to their proper habitat in a timely manner. The building is less than what the Special Use Permit allows. The building will be built by a Class A contractor. This property was vacant and in need of many repairs when purchased in 2013, The center continually maintains the grounds and building, In 2017 the center was awarded Federal Money from an environmental lawsuit against a local company. The United States Attorney then selected our center as beneficiary, due to our work with raptors. Precedent was set in State of Virginia when the center was awarded the Federal funds for Capital improvements to the veterinary clinic. The government felt the money for the damages inflicted in our area, should stay here.. The addition of a raptor building is in the best interest of the community, assuring the County of Roanoke is investing in the diverse and threatened wildlife needed to sustain a healthy environment in Roanoke County. The wildlife veterinary center is vital to'the County of Roanoke community, providing necessary help and solutions to wildlife conflict. The building will not be detrimental to the surrounding community. The property at 5985 Coleman Road has been in use as a Wildlife Veterinary Center since 2014, serving the community, receiving wildlife from the public of Roanoke County, Animal Control to Conservation Officers in need of our services. The building will be high quality, enhancing the wooded and natural took of the property currently Zoned AR. Height of 20 feet is less than the allowed.45 feet per the regulations and less than a two story home. The center at 5985 Coleman Road is located at the end of Coleman Road. The addition of a building of this quality will not affect any adjoining properties. The center's acreage is surrounded on three sides by properties zoned AR with outdoor building on each. One side is a residential area and a privacy fence was placed between these properties. Supporting the request, Southwest Virginia Wildlife Center of Roanoke went to extra steps to acquire plans for a quality and ecstatically pleasing building. The cost to build this building exceeds $82,000.00, and the center has made applications for grants and private funding to complete this state of the art building. $55,000.00 has been granted to begin the building and the public is already sending in donations ear marked for this project. Plans were selected with care to make this a professional and quality project that will not affect any surrounding areas. Adjacent properties have outdoor buildings and sheds that do not reflect the high standard or appearance of this building. 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Txxs1p6Dao , seCthl' asks Soh'y et Ang�et,. 193, by .; .between.; Malter Jo 1�artia u .r ®d, ' party of the first i part=, Aad: A•lbsrt Akers ; Martin' amd -$lisaheti 1 hisband - and wife, ..-as temanta by the entirety with 'the .right r pf surYivorship, parties. of ::the: second pari; - I T..W. 1C s$'ET-K- THAT FOR AND IR•~COIiSIDUATIflN of esus of TER DOLLARS a 010.00) cash and: ether geed . and 'valuable •cie"ideratiin paid by the parties of -the s oead partF anto tho:party of the first- part. the rocvipt wheroe , is hereby adkigotirledgsd, Tf` ` 'Walter J. Martin, :unma tied, ,party of the'first part doth hereby bar iin, sell. grant and convey with'covenants of General Warranty of Title unto, Albert Akers Mal m. and i f .: Elizabeth )PU1.1er 'Martis, husband -,and--wife, .as tenants by the`• entirety. with t=ie :right: of survivorship, as at: tomon lawj an as provided° for under the laws and. statutes . of .Virginia, parties of -the 'secondparty all of t=eat certain lot or parcel of land:1ocated in-the:Caanty of Roanoke, Virginia, and more,particularly described as follaxs; to -wit: rip B$GINNING at an old ir.o* pipe alt Corner Flo.- 1 a by a .chsstnut...stamp at the .�ssathpest corner 'of Wright property; %kiftco with .the` noithw6st l=ust of Thomas Beaah.T :26.9 feet to an:�.W iron -pincarhot set botwerspephi stumps .3 feet apart at.'Cvrieer 16m., 2_= themes caitinuing with the north line of the. Tho"a Beasley property N. 750 45' V 300:0. '�oet -to an Iron.'pin. at Corner Nov., 3a thence ;with. twe asw division lines and with the easterly:. ` tertinus "of a 30-f09t 'widtk 'read right-of-eray to be' . kersimanor Dentlaked N-6-14`157- E., passing the north® east` as off' 'said road .iriglt-of-way at 30 feet in : - al]o & - total -dint"*: of ;,370.0 , feet to ir. btu pin at Cerner' `110. 4,: thinoe S. 15" -400 gam; 324.7- feet to on iron pin at' the.. goathifoi+t. line -of. Wright, property at Corner . A 'S; ` thiace mlth - tke 840w --S. 3..7.3o f Z1. PLAdz, , swrcua `aro � 212`,4°, feet to the OF BzdTnl Ia coritain.i�ng AITORMM AT LAW acres �'�a11d- .. ROAMOK[, VA. _ � -- BEii_C a ie4>gesti p®t°tiisn; of propertyan undivid interest in w!► oia' mea eenesysd is Wa1t�r. J. -Martin by 'Alb.er-t, Akers 1 9 %952, • cf res*rd ia'...' <(3J*ft�f`s Office of th®. �,._.. :. Circuit c"ft id',1l ok® Ce+at►ty, .:Pirgimia, ire F 4 Died Twither wiitk tine 0 al rij&t of ssreae }, ". t ' irr 3 ti ,u ! * � hyr rty�f•'a'� a" zt.y.)S SLF ?{ !• ?fir tSY e +i 5 9u .41 J is foe '���� !� �►o � c, .��� �� P�•�t:.to `= C,cfaiYiy le *81't1&e , has dma np eat oSatuaar `ties s$d lam;' 'mat the partisv of: tLs `apnea 1 t. #iee l %ai'o fiat ad_ peaaeablo, poisessiea Of. the' -sane,1 free :fry, a1f . nc b maoss, fid,' that he trill `expaute such ather ltiitAsr .aeauranees of title as iaay } _# be regnfai"te. IiiIMSS the, fallwwi.ng. signature 'and' adal' thfa 'the dap -and: year first' herei"bo"'-wri.ttOnr (3rEAL ) waiter " Als .Or rZRgIKIA tw•rriti 9outo� I, L� ,. -a . Xotary pablia In ? Lv and for th® e A eke, State of Virginia, de hereby :$ HAMKCIMWF, eertify,,that Walter J. `Martin, unmarried, whese name is , uuoxaroRn a moon �rroRNriv$ At LAWROANORf. VA. signed to• the foregeiag ,4 ritrappearOa bearing date the 5th,* day. of f August;, 1958, has Pers*mai b.ofai a se and ,ack'D(M �sdged th`e sante in 'and Stpta ''a esaid ' GMl dander my hind this tti0 /� day m _ , qos ssion expires:. �Y N 'Plat.., In the. 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I I I March 8, 2018 To Whom It May Concern: The Southwest Virginia Wildlife Center provides veterinary care and rehabilitation for injured, orphaned, and sick native wildlife As the veterinarian of record for the facility, it is my responsibility to see that we provide the best medical care possible within the constraints of our resources. That includes from the time an animal is admitted to our facility until it is released back to the wild, transferred to another permitted facility, or humanely euthanized. In captivity, wild animals not only have to endure the extent of their injuries, but also the stress of being vulnerable to predators (the humans who are trying to help them). Birds have a high rate of metabolism compared to mammals. They lose muscle tone and stamina rapidly as a result of being in captivity. Song birds must be able to evade predators and the predators such as raptors (birds of prey) have to be able to catch prey to survive. As a result, the flight conditioning to increase strength and stamina is an essential part of the medical treatment that we need to provide. Southwest Virginia Wildlife Center needs a large raptor flight building to give our patients the best chance possible at returning to the wild by providing the necessary flight conditions to strengthen muscle tone and improve stamina. It would also provide a large enough space to determine if the raptors can hunt. We only release birds who can sustain appropriate flight for their species and who can feed themselves successfully. Sincerely, r Diane H. D'Orazio, DVM Southwest Virginia Wildlife Center 5985 Coleman Rd. Roanoke, Va. 24018 Work: 540-798-9836 Cell: 540-797-9886 Fla COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH PROFESSIONS David E. Brown, D. C, Director Leslie L. Knachel, hfFH Board of Veterinary Medicine 9960 Mayland Dive, ,Suite 300 Executive Director Henrico, Vil 23233-1463 (804) 367-4497 i+�)ir�ir.dlrp.viiginia.goi/vet Veterinary Establishment M Restricted Wildlife Rebabilation Center Southwest Virginia 'wildlife Center 5985 Coleman Rd Roanoke VA 24018 Veterinarian -in -Charge DIANE H. D'f3RAZIO 0301002892 Expires Number 12/31{2018 0340005422 For Information About This License, visit our website: www.dhp.-virginia,gov To rile a Complaint About a Licensee, Call: 1-800-533-1560 ❑ NO SURGER Y BOARD OF VETERINARY MEDICINE Department of Health professions Perimeter Center 9960 Mayland Drive, Suite 3000 Henrico, VA 23233-1463 REGISTERED ANIMAL FACILITY SCOPE OF PRACTICE RESTRICTED Southwest Virginia Wildlife Center Name of Facility LIMITED SERVICES 4NI fY ❑ FARM AMBULATORY EJ HOUSE CALL ❑ OUTPATIENT VN WILDLIFE ❑ NO HOSPITALIZATION --- Must Be Posted Conspicuously -- M NO BOARDING DATE OF ISSUE: 0710612015 COMPLAINTS AGAINST HEALTH CARE PRACTITIONERS: 1-800-533-1560 i C 41 z 30 C� LU LLo O LL Ir i.. [1J o� LU Z z w ° 0 r .m A W i di � � \ . �. . . , . � � . • � >\ �. . ` 1 Tk�71 � � \ . �. . . , 3!812018 Who lives at 6517 Brookhaven Ct, Roanoke VA i Homemetry k z Io"'A a aka 92018 G Proporty Detail €;e€•tort View Neighbors Single Family ResAderudai 4 beds 2 baths Lot: 0.33 acmes PdilV;1-�G 11,F--C,,0RD.9 Facts Built in 2000 Exterior walls: Combination Lot size: 0.33 acres Basement: Improved Basement (f=inished) Bedrooms: 4 Foundation: f=ooting Bathrooms: 2 https:llhomemetry.com/housel8517+BROOKHAVEN+CT,+Roanoke+VA V5 3/812018 C90 q Who lives at 6517 Brookhaven Ct, Roanoke VA i Homemetry 9 Southwest Virginia Wildlife Center of... s View Neighbors Single Family Ru—sidetAW 4 beds 2 baths Lot: 0.33 acres 11UBII IGv R E G 0 R D," -I Farts i3uIR in 2000 Exterior walls: Combination Lot size: 0.33 acres Basement: Improved Basement (Finished) Bedrooms: 4 FOUndation: Footing Bathrooms: 2 https,/Ihomemetry.com/house/6517+BROOKHAVEN+CT,+Roanoke+VA 20m ,sLpb q C'rL(�4C�_ Map ciRaporuairaap;errot:., 115 Adjoining properties: 5423 Crystal Creek Road, James Holladay Tax Map # 096-08-02-01.00-0000 Zoned AR 5423 and 5485 Crystal Creek Road, Nick Beasley Tax Map # 096.02-01.05-0000 Zoned AR 6517 Brookhaven Court, Brian and Jocassa Loop Tax Map # 096.08-04-16.00-0000, Zoned PRD 6513 Brookhaven Court, Richard Lovegreen Tax Map # 096-08-04-1700-0000 Zoned PRD 6521 Brookhaven Court, Jim and Kim Bradshaw Tax Map# 096.08-04-05.00-0000 Zoned PRD 6523 Brookhaven Court, Big Lick Ventures, Charles and Sara Crocket Tax Map #096.08-04-14.00-0000 Zoned PRD 5960 Coleman Road, Mr. & Mrs. Stan Seymour (purchased 2018) Tax Map # 096.08-02-02.00-0000 Zoned AR \I---- o \o « I7 j j =* co e \ \R/ - A.` / §/ §}/ (o 2 _ 3 ƒ \ ° IL ° O ) c $ ƒ} \ \\ = \ f § a A 3 f \ \ % — / \ f - 00 CL� CD / \ \ - 7, LO < 3 2 2 ƒ § / AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1£, 4-27-99; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. I . Agricultural and Forestry Uses Agriculture * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * AR District Regulations Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Single Family Dwelling, Detached (Zero Lot Line Option) 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage Systems * 2 AR District Regulations 2. Civic Uses Camps * Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary Safety Services * Utility Services, Major * 3. Commercial Uses Antique Shops Golf Course * Kennel, Commercial * Studio, Fine Arts 4. Industrial Uses Custom Manufacturing Resource Extraction * 5. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4- 26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811- 1, § 1, 3-8-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-34-3. Site Development Regulations. K1 AR District Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. il AR District Regulations Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. Building coverage: 25 percent of the total lot area. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) Development: A future land use area where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. Clustered developments are encouraged as is the use of greenways and bike and pedestrian trails. Land Use Types: Conventional Residential - Single-family developments in conventional lots. Includes attached, detached and zero -lot line housing options. Greenways and bike and pedestrian trails are encouraged. Cluster Residential - Single family developments with similar gross density of conventional subdivisions but individual lot sizes may be reduced to accommodate the clustering of housing while allocating common open space. Includes attached, detached and zero -lot line housing options. Greenways and bike and pedestrian trails are encouraged. Multi -family - Developments of 6-12 units per acre. Clustering is encouraged as are greenways and bike and pedestrian trails. Planned Residential Development - Mixed housing types at a gross density range of 4-8 units per acre. Includes conventional housing, cluster housing, zero lot -line housing, townhouses and garden apartments. Greenways and bike and pedestrian trails are encouraged. Planned Community Development - Planned residential development mixed with office parks, neighborhood shopping centers and supporting retail development. The majority of the development is residential with a maximum limit set on the retail land. Greenways and bike and pedestrian trails are encouraged. Community Activity Centers - Facilities which serve the neighboring residents including parks, schools, religious assembly facilities, parks and recreational facilities and community clubs and meeting areas. These activity centers should be linked to residential areas by greenways, bike and pedestrian trails. Land Use Determinants: PUBLIC FACILITIES CAPACITY - Locations where public facilities are adequate to handle the increased population concentration. This includes schools, parks and recreation facilities and fire and rescue facilities. UTILITY AVAILABILITY - Locations where water and sewer services exist or are scheduled to serve the area. ENVIRONMENTAL CAPACITY - Locations where natural land features, including topography, provide optimum opportunity for urban residential development. ACCESS - Locations which have or can provide direct access to a major street. URBAN SECTOR - Locations served by urban services. 'ZI-41 SON MOO APR lnrft -.i In �t � � - r• r , ' ~'��Ah �r t• / j ` a y� G , r 2 - J r r 1 r " +t[A► "Noll IV .. 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''.af�� 'i-�`�-, riN ' � '��"y1 � � (� Page 1 of 1 Susan McCoy - Fwd: [EXTERNAL] - Fwd: Southwest Virginia Wildlife Center (SWVAWC) From: Brian Hughes To: Susan McCoy Date: 8/23/20181:01 PM Subject: Fwd: [EXTERNAL] - Fwd: Southwest Virginia Wildlife Center (SWVAWC) >>> Martha Gish -Toney <mgishtoney19gmail.com> 8/23/2018 12:48 PM >>> ---------- Forwarded message --------- From: Martha Gish -Toney <mgishtoneylCc@pmail.com> Date: Thu, 23 Aug 2018,12:46 pm Subject: Southwest Virginia Wildlife Center (SWVAWC) To: Philip Thompson <pthompson@roanokecountyva.gov> Good Afternoon Mr. Thompson. I need to confirm that there will be a public meetings on Tuesday, September 4th with the Planning Commission and September 25th with the Board of Supervisors concerning the approval of the SWVAWC's Special Use Permit and both meetings will be at 7 pm. As a citizen of Roanoke County, I support the approval of the Special Use Permit. Please let me know if I need to sign up to speak on behalf of the SWVAWC. Thank you and best regards, Martha Gish -Toney 2015 Elizabeth Drive Vinton VA 24179 540.793.1519 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Userslsmccoy/AppData/Local/Temp/XPgrpwisel5B7EB037PO2 DOMAINM-Z_... 8/23/2018 Page IofI Susan McCoy - [EXTERNAL] - Southwest Virginia Wildlife Center - 5985 Coleman Road From: Binner <brhunt30@hotmail.com> To: "pmahoney@roanokecountyva.gov" <pmahoney@roanokecountyva.gov> Date: 8/24/2018 8:40 AM Subject: [EXTERNAL] - Southwest Virginia Wildlife Center - 5985 Coleman Road Cc: Kevin Binner <kevinbinner@hotmail.com>, "jmui@y@roanokecountyva.gov" <j... Attachments: Letter to Planning Commission (8-23-18).doex Mr. Mahoney, We respectfully submit the attached letter to express our concerns over the use of residential property for the business being conducted by the Southwest Virginia Wildlife Center. Our property is located adjacent to the gravel driveway that leads to the SVWC. Thank you for your consideration of our concerns. Kind regards, Beverly and Kevin Binner WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. f11e:I//C:/Users/smccoylAppDatalLocal/Temp/XPgrpwise/5 B7FC494PO2_DOMATNM-Z_... 8/24/2018 Beverly and Kevin Binner 6531 Brookhaven Ct. Roanoke, Virginia 24018 Phone: 540-491-9741 Email: brhunt30@hotmail.com August 24, 2018 VIA EMAIL: Pmahoney roanokecountyva.gov County of Roanoke Planning Commission 5204 Bernard Drive PO Box 29800 Roanoke, Virginia 24018 ATTN: Paul Mahoney, Chairman RE: Zoning Determination for 5985 Coleman Road, Southwest Virginia Wildlife Center r(SVWC" Dear Mr. Mahoney: We are writing to express our concerns with respect to the use of the above mentioned property located at 5985 Coleman Road, Roanoke, Virginia 24018. We reside at 6531 Brookhaven Ct and our entire back property line is approximately 10 feet from the shared gravel driveway leading to the SVWC. Our home sits approximately 50 feet from that driveway. We purchased our property in 2011, well before the owners of SVWC purchased their property at 5985 Coleman Road. When we purchased our property the shared gravel driveway led to a single family home. The current operations at SVWC have substantially interfered with our ability to use and enjoy our own property without interruption and the expansion of the scope and volume of business at SVWC resulting from the receipt of a Special Use Permit will only increase the disruption that SVWC has caused. Following the sale and purchase of 5985 Coleman Road in 2013, we did not receive any formal notice from SVWC concerning the change in the use of the property. Upon learning about the SVWC, well after construction had already begun, we contacted the Roanoke County Zoning Board on or around April 29, 2015. At that time we expressed our concerns to the Zoning Board related to the extremely close proximity of wildlife to residences and the increase in the volume of traffic on the shared driveway that would inevitably result from this change of use. The woman we spoke to at the Zoning Letter to Planning Commission; Attn: Paul Mahoney August 24, 2018 Page 2 of 4 Board advised us that SVWC had taken all appropriate steps and the Zoning Board had already approved the property for its current use. Having assumed, at the time, that all legal requirements must have been met and procedures properly followed, we opted not to pursue our concerns further. However, I am disappointed to learn of false representations in the applications by the owners of SVWC (including that 5985 Coleman Road was being used as a residence) and the procedural missteps that have taken place at the government level. I can only hope that all of those missteps were unintentional and that everyone involved has acted and will continue to act in good faith in accordance with their fiduciary duties. Over the last several years, from the point that we purchased our home until today, the volume of traffic behind our home on the shared gravel road has increased dramatically and significantly impacted our family's ability to enjoy the use of our home and property. There are, on average, 50 cars a day using the portion of the shared road leading directly to SVWC. Many days, the volume is much higher. Please understand that the traffic for SVWC begins at 7:45 am each and every day, 365 days a year, including weekends and holidays. Traffic continues until between 8 and 9 pm every single night. There is not a day or time that my family can enjoy a private, peaceful event in my own backyard. The traffic is simply relentless. As a side note, at the Roanoke County Board of Zoning Appeals Public Hearing that took place concerning SVWC on August 15, 2018, the appellant's counsel revealed that cars were being counted. Immediately following the hearing, the amount of cars traveling to SVWC has decreased significantly. We can only assume that, knowing that cars were being counted, the SVWC has made short term, intentional efforts to decrease the volume of traffic until such time as their special use permit is approved. However, after the special use permit is approved, there is no reason to believe that the level of traffic will not equal to or exceed an average of 50 cars a day as additional staff will be needed to care for an increased volume of wildlife. It is not unreasonable to expect a daily volume of at least 100 cars a day or many, many more. There is no limit to the number of cars that may be traveling this narrow, single lane driveway in any given day. There is nothing preventing SVWC from holding fundraising events or providing educational or training events at this location, all of which will lead to a significant increase in the volume of traffic in my back yard and the resulting noise and dangers. We can never leave any of the windows open in our house due to the dust and noise from the gravel road. Moreover, we cannot have our young children play anywhere near the road, even in their own backyard, for fear that the cars may not see them or be able to stop. Speeds are often excessive, especially by the owner of SVWC who makes frequent trips up and down this driveway. We have signaled for cars to slow down in this road, to no avail. This narrow road, so close to residential properties, is simply not safe and not intended to be used for this volume of traffic. Letter to Planning Commission; Attn: Paul Mahoney August 24, 2018 Page 3 of 4 We also now have to worry about strangers near and on our property at all hours of the night. Due to the inadequate size and set up of SVWC's property which prevents them from installing proper signage, visitors are often unable to locate SVWC's facility. We have had strangers knock on our front door late in the evening trying to locate SVWC and have even had strangers attempt to go through our back fence gate mistaking it for the entrance to SVWC. In the event SVWC is granted a special use permit to build outside cages, we are concerned that this activity will bring predators into our yards. Our neighborhood sits directly next to the Blue Ridge Parkway and protected natural land. There are already occasional sightings of bear and fox and we can hear the coyotes. It is reasonable to expect the scent of injured birds and their food to attract these and other animals and bring them closer into our neighborhood . It is well documented that bird cages attract roaches, rats and mice. Given the small size of the SVWC property and the extremely close proximity to its neighbors, all of these animals, rodents and pests will find their way into their neighbors yards and homes. The installation of outdoor bird cages may be appropriate on a 10 acre parcel surrounding by other larger parcels. But it is not suitable for a 2 acre parcel surrounding by small 1/2 acre parcels with family homes. This is outright dangerous and not suitable to put in our backyard. Our home is located at the end of a cul-de-sac. We purchased this property specifically because of its location, away from the noise and danger of frequent traffic so that our children could play outside without worry. There was no way to reasonably foresee that a single family home behind our home would eventually be used for this type of commercial purpose. We are still dumfounded by the County of Roanoke's refusal to view the SVWC as operating for a commercial purpose and decision to approve the SVWC's operations in a residential zone. Based on the fact that no one resides at the location, the extended hours of operation, the volume of traffic, the scope of business, the number of invitees, an application of common sense should lead one to conclude that this is not an appropriate use of a residential property. If this is not a commercial property, then what is? Based on the reasoning the zoning Board has applied to this situation so far, there seems to be nothing to prevent SVWC from increasing its volume of traffic to a 1,000 cars a day, or even 10,000. This is the type of activity the zoning laws were designed to protect against. am sure you can appreciate the effect that this commercial use and the resulting volume of traffic in such close proximity to our property has taken on our property value. All equity resulting from being in an ideal location at the end of a quiet cul-de-sac has evaporated due to the constant flow of traffic in our backyard and the dangers and nuisances associated with being in such close proximity to the SVWC. Letter to Planning Commission; Attn. Paul Mahoney August 24, 2018 Page 4 of 4 Had we been given proper notice and an opportunity to voice our objections to the SVWC before it began business at its current location, we would have done so. The SVWC has not made any attempts to communicate with us or address our concerns. Any claim by SVWC that they had or have the support of all of its surrounding neighbors is simply not accurate. They just never bothered to ask. By allowing SVWC to expand its business and scope of services even further, the existing traffic and safety problems will only continue to grow, and by how much, one can only guess. Allowing SVWC to continue to operate in this location is not safe and it is absolutely not consistent with a permissible use of property in a residential zone. We implore you to protect the property rights of all property owners in close proximity to the SVWC. We appreciate your consideration of our concerns. Respectfully submitted, /Beverly and Kevin Sinner/ Beverly and Kevin Binner Cc; John F. Murphy, Zoning Administrator (jmurphy@roanokecountyva.gov) From: Sarah Grubb <sgrubb36@yahoo.com> To: <planning@roanokecountyva.gov? Date: 8/24/2018 3:38 PM Subject: [EXTERNAL] - Wildlife Center I have been following the updates on ongoing situation surrounding the wildlife center. These folks do a remarkable job helping rehabilitate the wildlife friends in our area. We are so lucky to have them as a resource for the Roanoke Valley and surrounding areas. I have called them on numerous occasions, most recently this past spring. A storm disturbed a robin's nest and left a baby bird without a home. When I called the Center I found them to be very helpful. How sad it would be to lose this resource. One must question the reasons behind this dispute. Do the right thing and keep this site open. Do it for the sake of the animals? Sarah Grubb WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. i From: Diane LeBlanc <1you1me60@gmai[.com> To: <planning @roanokeco u ntyva.gov> CC: <pthompson@roanokecountyva.gov> Date: 8/24/2018 9:01 PM Subject: [EXTERNAL] - Wildlife Center Please keep in mind that the wildlife center in the county helps beyond Roanoke into other counties in VA and is known beyond Roanoke for the work they do there, thus giving credit to the people of Roanoke County. The work of veterinarians and volunteers needs to continue for both the wildlife and the County. Diane LeBlanc kxxxxxxxxhtlrMxMMxx#x*hhhr*xxx#xr�r�**#�+wxxxxk**rah rrrxxxxxh,. h,.xx►#xxx#x* WARNING: This message was sent from outside the Roanoke County email system. DO NOT COCK any links or downloaded attachments unless you know the content is from a trusted source. x Page 1 of 1 Susan McCoy - [EXTERNAL] - Southwest VirginiaWildlife Center ....... From: Diane Meredith <dianemeredith736@yahoo.com> To: "planning@roanokecountyva.gov" <planning@roanokeconntyva.gov> Date: 8/26/2018 10:17 AM Subject: [EXTERNAL] - Southwest VirginiaWildlife Center I'm not really familiar with the ongoing dispute but I do know that having the wildlife center is good for Roanoke. I could be wrong but I believe the wildlife center was there first. Please don't let some overly rich bully win this fight. We need to stick together as a community. Roanoke is a great city! Sciit froiTi Yahoo iviall on Ai-idroid WARNING,: This message wa.s wilt from outside the Roaziokc Comity cinail systc111. DO NOT CLICK an), li_i lcs or doti�,nloaded attachments ri►iless you lmow the content i5 from a U'usted Source. file:NC:/Users/smecoy/AppData/Local/Temp/XPgrpwise/5B 827E3EPO2_DOMAINM-Z_... 8/27/2018 Page 1 of 1 Susan McCoy - [EXTERNAL] - Support for SW VA Wildlife Center of Roanoke ......... From: Brenda Ratcliff <brateliffb@gmail.com> To: <planning@roanokeeountyva.gov> Date: 8/26/2018 5:22 PM Subject: [EXTERNAL] - Support for SW VA Wildlife Center of Roanoke This Center is an asset to Roanoke County. Social media contacts from all around the country and the world follow the Center either directly or by being linked to direct followers. We encourage interest in our part of Virginia through this Center. Use this valuable source of Goodwill. A death - knell to the Center in response to poor planning on the part of private economic concerns is not in the wider best interests of our immediate physical community or our wider human (and animal!) communities. Brenda Ratcliff Natural Bridge, Virginia WARMING: This message was sent froin outside the Roa.tioke County calail system. DO NOT CLICK any ihiks or downloaded attachments ui less you lmow the content is from a trusted source. file:IIIC:IUserslsmecoylAppData/LocallTemp/XPgrpwise15B82E 1 C7PO2_DOMAINM-Z_... 8/27/2018 Page I of 1 Susan McCoy - [EXTERNAL] - Raptor recovery building From: Casey Giannini <1973casey@gmail.com> To: <planning@roanokecountyva.gov> Date: 8/27/2018 3:58 PM Subject: [EXTERNAL] - Raptor recovery building I'm emailing in support of the Raptor recovery building for the Southwest Virginia wildlife center. I've taken a few injured Birds to the Wildlife Center over the years. Most recently a juvenile Cooper's Hawk that I had the privilege of watching being born, grow and take flight over the past year. Unfortunately he had a head trauma and had to be put down. But his sibling is still here in my area. Sometimes nature needs a helping hand from humans. These creatures need a safe place for rehabilitation without the threat if being killed by other animals. Please give them a fighting chance at survival before they are all gone like so many other extinct animals. Sincerely, Casey L. Giannini 540-127-5538 WARNING: This message was sent Crom Outside the lzoanokc County c mail System, DO NOT CLICK any links or cloti i loaded attachments wiless you know [lie content is from a [rusted solute. file:IIIC:IUserslsmecoylAppData/Local/Temp/XPgrpwisel5B841FA9PO2—DOMAINM-Z ... 8/27/2018 G. Harris Warner, Jr., Esq. WARNER & RENICK PLC-- - Attorney:; at Law P.O. Box 21584 2404 Electric Road, Suite A Roanoke, Virginia 24018 540-777-4600 / Fax 540-777-4700 August 29, 2018 HAND DELIVERED Paul Mahoney, Chairman Rick James, Vice Chairman Jim Woltz Wayne Bower Troy Henderson Roanoke County Planning Commission 5204 Bernard Drive Roanoke, Virginia 24018 Re: Special Use Permit Application #PZ -1800595 Southwest Virginia Wildlife Center (tire "Center') Gentlemen: stuff Melissa M. McKnight Carol C. Martin We represent Adrian Maver and Blaine Creasy, who are the owners of the real property at 5946 Coleman Road, S.W., located in the County of Roanoke. The Maver/Creasy property is one property removed from the Center, which is completely surrounded by single-family residential development. Additionally, the Maver/Creasy property is subject to an easement for the purpose of ingress and egress from the Ccnter to State Road 735. The Center has no state road frontage, and relies entirely upon the easement located on the Maver/Creasy property for state road access. In response to determination letters issued by the Roanoke County Zoning Administrator on March 30, 2018 and May 17, 2018, appeals to the Roanoke County Board of Zoning Appeals were filed on behalf of our clients. Our appeal of the Zoning Administrator's second determination letter outlines, in detail, our clients' objections to the above -referenced special use permit application and the possible intensification of the Center's use of its property. For your convenience, a copy of our June 15, 2018 appeal is attached hereto and incorporated herein as Exhibit A. We commend it to you for review and consideration. Our objections set forth in that appeal are hereby renewed with respect to the above -referenced special use permit application. The purpose of this letter is to address one particular concern regarding the Center's pending application. The Center's provision of veterinary services to injured wildlife is a noble cause. Roanoke County Planning Commission August 29, 2018 Page-2— However, as previously noted, it is located in the midst of extensive residential development. We are concerned that the Center is not being required to comply with applicable zoning ordinances regarding the scope of its operations, which are intended to protect properties located near the Center, such as the Maver/Creasy property. We acknowledge that the Center operates a veterinary clinic and that said use is by right in an AR District (30-34-2.(A)4.). The County Code's definition of a veterinary hospital/clinic is very specific: "Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a shoat -term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kem3el." (30-29-5) Therefore, pursuant to the County Code, boarding activities by a veterinary hospital/clinic must meet the following requirements: the boarding is indoors, is done on a short-term basis, and is incidental to the clinic's medical services provided. If the boarding activities fail to meet those requirements and limitations, the operation must obtain approval to operate as a commercial kennel. A commercial kennel is a more intense use, requires approval by special use permit, and is subject to more stringent design standards (30-34-2.(B)3.). Those more stringent standards, which are set forth in Section 30-85-18 of the County Code, are intended to protect neighboring property owners fi•om the more intense use. The Center's boarding of animals fails to meet the requirements set forth in 30-29-5 of the County Code. The Center's boarding is done outdoors, often on a long-term basis, and according to the Zoning Administrator, is not incidental to medical services being provided (March 30, 2018 deterrizination letter, page 2) (See Exhibit H). The Center's boarding activities are related to its rehabilitation services, and the fact that the Center provides those services to wildlife is not disputed. The Center's website highlights those services, recent correspondence from the Center's resident veterinarian to your office confirms that fact, and the narrative portion of the pending special use permit application speaks to those services, as well. (See Exhibits B. C and D.) Additionally, the fact that the Center's boarding activities are done primarily, if not completely, outside in open-air cages and pens, is likewise not in dispute. Photographs attached hereto collectively as Exhibit E, which were taken at the Center last January, show the nature and location of the various cages and pens. Based upon recent visits to a number of veterinary hospitals/clinics in the area, it appears that other veterinary hospitals/clinics in the Roanoke Valley do not board animals outside. Photographs of those facilities are attached hereto collectively as Exhibit F. The definition of the word "boarding" is also an issue in this matter. A general definition, derived Roanoke County Planning Commission August 29, 2018 Page-3— from various dictionaries, defines "boarding" as caring for, feeding and sheltering an animal outside of its regular habitat. The Zoning Administrator relies upon a very narrow definition in his determination that there are no boarding activities taking place at the Center. Specifically, he states that "boarding" only occurs where payment is made for the care and feeding of the animals, and that boarding only involves domestic animals (March 30, 2018 determination letter, page 2). The definition of a veterinary hospital/clinic set forth in the County Code makes no such distinction — a veterinary hospital/clinic is a veterinary hospital/clinic, regardless of whether it treats wild or domestic animals. The Administrator references Board of Veterinary Medicine "findings" as support for his definition. However, those "findings" are not identified. Furthermore, according to Leslie Knachel, Executive Director of the Virginia Department of Veterinary Medicine, her department has no official def nation of "boarding". Interestingly, the Center's permit to operate, which was issued by the Virginia Department of Veterinary Medicine, does not permit the Center to board animals. A copy of that permit is attached hereto as Exhibit G. According to Ms. Knachel, the boarding restriction was chosen by the Center when it applied for its permit. The restriction was not imposed by her department. Finally, with respect to the definition of "boarding," the Supreme Court of Virginia has stated that "wlien an ordinance is plain and unambiguous, there is no room for interpretation and construction; the plain ineaning and intent of the ordinance must be giver it." City of Emporia Board of'ZoningAppeals l). Mangy -m, 263 Va. 38 (2002) (emphasis added). Therefore, the "plain meaning" of the word "boarding" should be given effect, instead of the overly narrow definition previously noted. The Center is boarding animals on its property, and those boarding activities fail to meet the requirements for boarding by a veterinary hospital/clinic under Section 30-29-5 of the County Code. Accordingly, the Center's current operations are a non -conforming use. As such, the Center cannot, at present, comply with the requirements of Section 30-10.(A) of the County Code. That section requires the issuance of a Certificate of Zoning Compliance for the use of a building to be subsequently constructed, enlarged or structurally altered. Subsection (B) of that section requires that a Certificate of Zoning Compliance be issued by the County before any such building is constructed or a change in use takes place. Sections 30-28(A) defines a Certificate of Zoning Compliance as "official certification that premises conform to all applicable provisions of the zoning ordinance and may be lawfully used or occupied." The proposed raptor cage is subject to these requirements. In other words, a Certificate of Zoning Compliance must be obtained before the Center's pending application is considered, and the required Certificate of Zoning Compliance cannot be issued until the Center's property is in compliance with all applicable ordinances. The use of the Center's property has intensified and grown beyond the operation of a simple veterinary hospital/clinic. The proposed raptor cage will only serve to further intensify the use of the Center's property. Accordingly, we object to the pending application, and respectfully Roanoke County Planning Commission August 29, 2018 Page — 4 — request that the Roanoke County Planning Commission consider two possible solutions to address these concerns. First, require the applicant to comply with the requirements of 30-29-5 of the County Code and limit boarding of animals to indoors, on a short-term basis, and only where it is incidental to medical care being provided by the Center, In the alternative, and perhaps more realistically in light of its current operations, require the Center to seek approval to operate as a commercial kennel, and if granted, require it to comply with the more stringent design standards associated with that use. Your consideration is appreciated. If you have questions or need additional information, please do not hesitate to contact me. Sincerely, WAI3NE, R & RENICK Pic G. Hams Warner, GHWjr/cem Enclosures cc: 4drian Maver and Blaine Creasy (w/ out encls., via email) Gregory T. St. Ours, Esq. (w/ out encls., via email) Peter S. Lubeck, Esq. (w/ out encts., via email) John F. Murphy, Zoning ,4dininistrator (w/ out encls., via email) Applicants name/address w/zip Stanley A. Seymour, Phone: III, Jane L. Seymour, Adrian Maver work: and Blaine Creasy (See Schedule A) Cell#: Fax No.: Owner's name/address w/zip Phone #: 5985 Coleman Road, LLC Work: 5985 Coleman Road, S.W. Fax No.#: Property Location 5985 Coleman Road. Roanoke, VA 24018 Tax Map No.: Q96.Q8-02--03.Q0-0000 Size of parcel(s): Acres: 2. 7 334 REZONING. SPECIAL USE PERMIT.' Proposed Zoning: Proposed Land Use: Magisterial District: Community Planning area: Existing Zoning: Cave Spring Existing band Use: Devel VariancelWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to _'Riar. d of 7.nn i ng Apel c Appeal of Interpretation of Section(s):' of the Roanoke County Zotung Ordinance Appeal of Interpretation of Zoning Map to J _ Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RISIWICP VIAA RIS/W/CP V/AA RISJW/CP V/AA Consultation 8 1/2" x I I" concept plan Application fee Application Metes and bounds description Proffers, if applicable fustification Water and sewer application I Adjoining property owners I hereby certify that I am either the owner of the property or the owner's apntor contract purchaser and am acting with the knowledge and consent f the owner. Applicants Counsel Signature 2 JUSTIFICATION,FQR REZONING, SPECIAL USE PERMIT WAIVER OR COWMAN (as.24232):REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. 3 JUSTIFICATION FOR VARIANCKREQUEST Applicant The of zoning Appeals is required by Section 15.2-2369 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 3. Evidence supporting claim: 4 JIJSTIFICAUON FOR ADMMSTItAME APPEAL REQUEST - Applicant Stanley A. Seymour, III, Jane L. Seymour, Adrian Mayer and Blaine Creasy Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper_ 1. Reasons for 2. Evidence supporting claire: See attached Schedule B See attached Schedule B 5 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15,2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a, Applicant name and name of development b, Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers rn. Topography map in a suitable scale and contour intervals — n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant Date Community Development 0 Planning & Zoning Divis! I POTENTIAL OF NEED FOR TRAFFIC ANALYSIs AND/OR 'TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center Bank Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study Is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day 1. Effective date; April 99, 2005 Community Development Planning & Zoning Division z' J t 38 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the PIanning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new .or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to "evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision {Note: a list ofpotential land uses and situations that would necessitate further study is provided as part of this application package}. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. A=ffective date; April 99, 2005 Flame of Petition P'etitioner's Signature mate SCHEDULE A Administrative Appeal Written Zoning Determination for 5985 Coleman Road dated May 17, 2018 Tax Map Number: 096.08-02-03.00-0000 AR Agricultural/Residential District 5985 Coleman Road LLC Southwest Virginia Wildlife Center Co -Applicants: Stanley A. Seymour, III and Jane L. Seymour 5960 Coleman Rd. Roanoke, VA 24018 By and through their counsel Wharton Aldhizer & Weaver, PLC Gregory T. St. Ours and James L. Johnson 100 South Mason St. Harrisonburg, VA 22801 Telephonc: (540) 438-5334 Facsimile: (540) 434-5502 Adrian Maver and Blaine Creasy 5946 Coleman Rd. Roanoke, VA 24018 By and through their counsel Warner & Renick, PLC G. Han -is Warner, Jr. 4648 Brambleton Avenue, SW P. O. Box 21584 Roanoke, VA 24018 Telephone: (540) 777-4600 Facsimile: (540) 777-4700 SCHEDULE B Second Administrative Appeal Second Written Zoning Determination for 5985 Coleman Road dated May 17, 2018 Tax Mat) Number: 096.08-02-03.00-0000 AR Agricultural/Residential District 5985 Coleman Road LLC Southwest Virginia Wildlife Center June 13, 2018 Joint Applicant: Stanley A. Seymour, III and Jane L. Seymour 5960 Coleman Rd. Roanoke, VA 24018 By and through their counsel Wharton Aldhizer & Weaver, PLC Gregory T. St. Ours and Jaynes L. Johnson 100 South Mason St. Harrisonburg, VA22801 Joint Applicant: Adrian Maver and Blaine Creasy 5946 Coleman Rd. Roanoke, VA 24018 By and through their counsel Warner & Renick, PLC G. Harris Warner, Jr. 4648 Brambleton Avenue, SW P, O. Box 21584 Roanoke, Virginia 24018 Administrative Appeal Application This administrative appeal application (this "Second Appeal") appeals determinations by John Murphy (the "Zoning Administrator"), on behalf of Roanoke County, in his May 17, 2018 letter "Second Written Zoning Determination for 5985 Coleman Road" attached as Exhibit 1 (the "May 17 Determination Letter"). Other exhibits to this Second Appeal include: Exhibit 2: The March 30, 2018 email from Jim Johnson to the Zoning Administrator; Exhibit 3: March 30, 2018 letter "Written Zoning Determination for 5985 Coleman Road" ® Exhibit A: The April 25, 2018 Conceptual Plan; ® Exhibit B: The May 7, 2014 Building Alterations Plan, approved by Roanoke County Building on July 3, 2014, per Application #B-140123 I; • Exhibit C: Application #B-1701280 including undated Bird room plan 2 and Plan 2A furniture; ® Exhibit D-1: SVWC's May 16, 2018 letter "To Whom It May Concern"; ® Exhibit D-2: First enclosure with SVWC's May 16, 2018 letter; • Exhibit D-3: Second enclosure with SVWC's May 16, 2018 Ietter; ® Exhibit E: SVWC's March 8, 2018 letter "To Whom It May Concern"; • Exhibit F: A copy of Exhibit A overlaid with a dottedibroken line to reflect a rendering of 150 feet from the front line of the Property. SCHEDULE 13, continued Second Administrative Appeal June 13, 2018 This Second Application is brought by the appellants Stanley A. Seymour 11I, Jane L. Seymour, Adrian Maver, and Blaine Creasy (collectively, "Appellants"). Their first administrative appeal application, filed on April 27, 2018 (the "First Appear), appealed the Zoning Administrator's March 30, 2018 letter re "Written Zoning Determination for 5985 Coleman Road" attached as Exhibit 3 (the "March 30 Determination Letter"). The First Appeal is incorporated by reference herein. The lot at issue in the March 30 and May 17 Determination Letters is owned by 5985 Coleman Road LLC, t/a Southwest Virginia Wildlife Center of Roanoke ("SVWC"), and is known as 5985 Coleman Road, tax map # 096.08-02-03.00 (the "Property"). The Property was placed in issue by Application #PZ -1800595. Appellants own and live on lots immediately west of the Property. The Zoning Administrator wrote his May 17 Determination Letter in response to a March 30, 2018 email from Jim Johnson, attached as Exhibit 2. Appellants appeal the May 17 Determination Letter for the reasons and grounds noted below. This Appeal A. The proposed raptor building is not the principal building on the Property, it is an accessory building; accessory structure setbacks must apply to the proposed raptor building, not principal structure setbacks; and the Zoning Administrator should not have downgraded the existing principal building, the Wildlife Veterinary Clinic building, and upgraded the proposed raptor building without a request to do so. The Zoning Administrator states in his May 17 Determination Letter that if the proposed raptor building is approved and constructed as proposed, it will be considered the principal structure for two reasons: the Property's principal use, veterinary care and rehabilitation of wildlife, will be conducted within the raptor building; and the raptor building will be larger than the existing principal building. First, the Zoning Administrator erred in determining that the proposed raptor building will be larger than the existing principal building. Second, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the raptor building, not the existing principal building. Third, the Zoning Administrator erred in upgrading the raptor building to be the principal building and thereby downgrading the existing principal building in the absence of a request and supporting reasons to do so by SVWC in PZ -1800595 and in the absence of any record that SVWC downgraded or otherwise changed the existing principal building. Fourth, because the Zoning Administrator erred in determining that the raptor building 18007218 2 SCHEDULE B. continued Second Administrative Appeal .lune 13, 2018 will be the principal building on the Property, he also erred in his assessment of the proper setbacks for both the raptor building and the partially constructed building and other cages on the Property. First, the Zoning Administrator erred in determining that the proposed raptor building will be larger than the existing principal building. Before turning to whether or not the proposed raptor building will be larger than the existing principal building, we note that Roanoke County Code §30-28 makes no mention of size of a building in defining whether a building is the principal building or structure on a lot: §30-28: Principal building or structure: A building or structure in which the primary use of the lot on which the building is located is conducted. §30-28: Principal use: The main use of land or structures as distinguished from a secondary or accessory use.1 Notwithstanding these two §30-28 definitions (and the definitions in Footnote 1) and giving the Zoning Administrator the benefit of doubt for purposes of this argument, the existing principal building is and will be larger than the ro osed ra for building. ' Other Definitions under §30-28, as well as §30-34.5, are consistent with the fact that a principal structure on a property is the principal structure on a property. §30-28: Accessory building or structure: A building or structure detached from a principal building on the same Iot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. (Emphasis added.) §30-28: Building line: The line, parallel to the street right-of-way, that passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, furthest from the street right-of-way. (Emphasis added.) §30-28:. Garage, private: A building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles, (Emphasis added.) §30-34.5: Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (Emphasis added.) 18007218 SCHEDULE B, continued Second Administrative Appeal June 13, 2018 When SVWC bought the property, the existing principal building was a house which SVWC converted four years ago to a veterinary wildlife clinic pursuant to the May 7, 2014 Building Alterations Plan. The existing principal building includes 1,840 square feet of first floor space in the original house, 575 square feet of first floor space in the original car port which SVWC converted to usable, enclosed space in 2017, and 1,275 square feet in the basement for a total of 3,690 square feet. See Exhibit B. This is significantly larger than the proposed raptor building, the "Proposed Raptor Complex", at a total of 2,875 square feet. See Exhibit A. The Zoning Administrator might respond that the 2,875 square feet attributed to the Proposed Raptor Complex is larger than the 2,520 square feet attributed to the existing principal building, the "Brick Building", in Exhibit A. Exhibit A, however, significantly understates the existing principal building square footage because Exhibit A overlooks the 1,275 square feet in the basement of the existing principal building. In conclusion, the Zoning Administrator erred in using size as a determinative factor under the Code, and the Zoning Administrator erred as a matter of fact in determining that the proposed raptor building will be larger than the existing principal building. Second, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the proposed raptor building, not the existing principal building. In 2014, the zoning administrator approved the use of the Property as -a "veterinary hospital/clinic". See Exhibit 2. Roanoke County Code §30-29-5 defines a "veterinary hospital/clinic" as follows: Veterinary hospital/clinic: Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. (Emphasis added.) In its March 8 letter, SVWC states that it "provides veterinary care and rehabilitation for injured, orphaned, and sick native wildlife". See Exhibit E (emphasis added). In short, SVWC understands and maintains that rehabilitation of animals is distinct from and in addition to veterinary care — surgical and medical treatment — of animals. In its May 16 letter, SVWC identifies the dynamic between veterinary care and rehabilitation in that SVWC states that veterinary care is followed by rehabilitation. See Exhibit D-1. As such, SVWC reconfirmed on May 16 that rehabilitation is distinct from and in addition to veterinary care. 19007219 4 SCHEDULE B, continued Second Administrative Appeal June 13, 2018 Consistent with the forgoing, SVWC states relative to the existing principal building that "The Building located at 5985 is currently used as the Wildlife Veterinary Clinic". See Exhibit D-2. NOTE: In light of this identification by SVWC of the existing principal building, we refer to the existing principal building, hereinafter, as the "Wildlife Veterinary Clinic building". The Wildlife Veterinary Clinic building includes space for veterinary care — surgical and medical treatment of animals — of all wildlife as well as space for holding and at least some rehabilitation of wildlife, as evidenced by the fact that the existing Wildlife Veterinary Clinic building includes a Receiving Room, a veterinary Care Room, Holding Rooms 1-4, a Water Fowl Room, a mammal room, a Nursery including incubator shelves and treatment table, and bird shelves. See Exhibits B and C. In other words, the principal use of the Property as set forth in the definition under Code §30-29-5 for a "veterinary hospital/clinic" — again, surgical and medical treatment of wildlife — is conducted in the Wildlife Veterinary Clinic building, and it also happens that rehabilitation of wildlife is also to some degree performed in this building. In contrast, neither surgical nor medical treatment of any animal, whether mammal or bird, reptile or amphibian, will be performed in the proposed raptor building. Rather, the raptor building will be limited to rehabilitation only and for raptors only. SVWC's submissions confirm that the proposed raptor building will not be a principal building under Roanoke County Code §30-28 but an accessory building to the Wildlife Veterinary Clinic building. See Footnote 1 for the definition of "accessory building or structure". In its May 16 letter, SVWC states that its goal "is to treat injured, orphaned, and sick wildlife" including "many raptors (birds of prey) with fractures and soft tissue injuries that require veterinary care followed by rehabilitation". SVWC goes on to identify the structure at issue as the "oval raptor flight building" to "provide the space for the larger species to complete their recovery". See Exhibit D-1 (emphasis added.) In short, we learn from SVWC's May I6 letter that (1) SVWC treats injured, orphaned, and sick wildlife, (2) SVWC provides veterinary care and rehabilitation for wildlife, but (3) the proposed raptor building will be limited to only a subset of SVWC's patients that does not even include all birds but only raptors, and (4) it will be limited to only one aspect of a raptor's rehabilitation, flight. In its March 8, 2018 letter, SVWC states that it "provides veterinary care and rehabilitation for injured, orphaned, and sick native wildlife" and that "As the veterinarian of record of the facility, it is TDr. D'Orazio's] responsibility to see that we provide the best medical 18007218 SCHEDULE B. continued Second Administrative Appeal June 13, 2018 care possible..." SVWC goes on to say that it "needs a large raptor flight building to—[provide] the necessary flight conditions to strengthen muscle tone and improve stamina ... and provide a large enough space to determine if the raptors can hunt". See Exhibit E (emphasis added.) In short, we learn from SVWC's March 8 letter that (1) again, SVWC provides veterinary care and rehabilitation for wildlife, (2) the best veterinary care possible is at the core of SVWC's purpose, and (3) that the proposed raptor building is not for veterinary care, is limited to only a subset of rehabilitation, flight conditions for muscle tone, stamina and ability to hunt, and is limited to only raptors, a subset of wildlife and even of birds. In the first enclosure of its May 16 letter, SVWC references.the "proposed primary raptor building". See Exhibit D-2 (emphasis added.) Further, in the second enclosure of its May 16 letter, SVWC identifies the raptor building as "a primary building to house raptors". See Exhibit R-3 (emphasis added.). The proposed raptor building may very well be the primary building to house raptors, but regardless, the raptor building is not identified anywhere in any document submitted by SVWC as the principal building on the Property, that is to say a building in which the primary use of the Property, namely veterinary care — surgical and medical treatment — of wildlife, will be conducted. Moreover, the Wildlife Veterinary Clinic building is the "Brick Building" in Exhibit A, and SVWC implicitly reaffirms that this building is, in fact, the principal building (i.e., as defined in Code §30-28) on the Property by characterizing construction of the proposed raptor building as "the wildlife center's expansion of a primary building". See Exhibit D-2. In conclusion, SVWC's submissions on March 8 and May 16 confirm that the proposed raptor building is not the principal structure on the Property in that SVWC treats injured, orphaned, and sick wildlife, whether mammals or birds, reptiles or amphibians, and SVWC provides both veterinary care and rehabilitation for all of this wildlife in the Wildlife Veterinary Clinic building. In contrast, the raptor building is limited to only one narrow group of birds, . raptors, and is limited to only one aspect of a raptor's rehabilitation, flight. As such, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the raptor building, not the Wildlife Veterinary Clinic building. Third, the Zoning Administrator erred in upgrading the proposed raptor building to be the principal building and thereby downgrading the Wildlife Veterinary Clinic building in the absence of a request with supporting reasons to do so by SVWC in PZ - 1800595, and in the absence of any record that SVWC has downgraded or otherwise changed the use of the Wildlife Veterinary Clinic building. 18007218 6 SCHEDULE B, continued Second Administrative Appeal June 13, 2018 In the absence of a request by SVWC providing the basis and support for the County to make a determination that a building is a principal building on a property in lieu of an existing principal building, the Zoning Administrator is without authority to make such a determination. Such a determination is like granting a building permit without an application. In this case, SVWC has not asked the County to determine that the proposed raptor building be the principal building instead of the existing Wildlife Veterinary Clinic building. Further, there is no record that SVWC downgraded or otherwise changed the use of the Wildlife Veterinary Clinic building, and without such record, this building should not be downgraded. Fourth, because the Zoning Administrator erred in determining that the proposed raptor building is the principal building on the Property, he also erred in his assessment of the proper setbacks for both the raptor building and the partially constructed building and other cages. The Zoning Administrator incorrectly applies minimum setbacks applicable to principal structures in Code §30-34-3(B) (i.e.: 30 feet from the front line; 15 feet from the side lines; and 25 feet from the rear line) to the proposed raptor building which, consistent with the explanations above, is an accessory structure. Instead, the proper setbacks for the raptor building are those which apply to accessory structures in Code §30-34-3 (B) (i.e.: as to the front line, either behind the principal structure or where the principal structure is more than 150 feet from the front line, 150 feet from the front line; 20 feet from the side lines; and 10 feet from the rear line). The setbacks for the partially constructed building and the other cages are dependent upon the front building line of the principal structure. Accordingly, the raptor building in the location as proposed in Exhibit A will violate §30-34-3(B), and the partially constructed building and the other cages shown in Exhibit A are in violation of §30-34-3(B). For a rendering of 150 feet from the front line of the Property, see the dotted/broken line in Exhibit F.2 B. The Zoning Administrator incorrectly determined that a special use permit for the proposed raptor building can be based on Code § 30-23-5(B) where a lot is nonconforming because it has no public street frontage. Code §30-23-5(B) does not apply, however, because the Property is already developed and because the raptor building will not be an 2 In his March 30 Determination Letter (attached as Exhibit 3), the Zoning Administrator determined "after conducting extensive research" that the front line of the Property is the common property line between the Property and the adjacent parcel addressed as 5960 Coleman Road. The most westerly, 310' line in Exhibit F is this front line -- thus setting the front setback either 150' from said front line or behind the existing principal structure, whichever is closer. In this case, 150' is closer to the front line than the existing principal structure, thus setting the front setback you see depicted in Exhibit F by the dotted/broken line. 18007218 SCHEDULE B. continued Second Administrative Appeal June 13, 2018 expansion of an existing structure. Further, other nonconformities in addition to no public street frontage also preclude application of Code § 30-23-5(B). Nonconforming characteristics and structures plague the Property such as: lack of public street frontage; nonconforming "other cages"; and nonconforming "partially constructed building" See Exhibit 1. In light of these nonconformities, construction and use of the proposed raptor building, as well as the partially constructed building as noted by the Zoning Administrator in his May 17 Determination Letter, would run afoul of Roanoke County Code §30-23-2(B): §30-23-2(B): No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance, with the exception that"an existing, nonconforming, single-family residential structure and use in a commercial or industrial zoning district shall be allowed a 50 percent increase (either one time or cumulative) in the square footage of the use or structure in existence at the time of the adoption of this ordinance. Apparently in light of this, and in particular the Property's lack of public street frontage, the Zoning Administrator determined that "[t]he requirement for a special use permit for the proposed raptor building and the partially constructed building is based on Zoning Ordinance Section §30-23-5(B), Nonconforming Lots of Record", and the Zoning Administrator then quoted Code §3023-5(B) in full at the top of page 2 of his May 17 Determination Letter: §30-23-5(B): Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 30- 19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings. At the bottom of page 2 of his May 17 Determination Letter, however, the Zoning Administrator incorrectly paraphrased and collapsed the first two clauses of §30-23-5(B) into a single clause, stating: 18007218 8 SCHEDULE B. continued Second Administrative Appeal June 13, 2018 Section 30-23-5(B) states that nonconforming lots (including those that lack public street frontage) may be developed or expanded "provided the county reviews and grants a special use permit for the proposed development, expansion..." See Exhibit 1. This misstates the actual language of §30-23-5(B) in two respects. First, Code §30-23-5(B) actually states that "Any lot of record that is nonconforming because it has no public street frontage may be developed..." Code §30-23-5(B) does not state "nonconforming lots (including those that lackpublic streetfrontage) may be developed..." (Emphasis added.) Second, Code §30-23-5(B) actually states that "...an existing structure on the lot may be expanded..." Code §30-23-5(B) does not say "nonconforming lots (including those that lack public street frontage) may be developed or expanded..." (Emphasis added.) Under the actual language of Code §30-23-5(B), a property owner is allowed to avoid the §30-23-2(B) Prohibitions in two situations only: (1) when developing a lot that is a nonconforming lot because it has no public street frontage, or (2) when expanding an existing structure on a lot that is a nonconforming lot because it has no public street frontage. As to the first situation, the Property is already developed. As to the second, SVWC is not expanding an existing structure. To put it another way, the proposed raptor building is not an expansion of an existing structure but instead a proposed stand-alone structure on a previously developed lot. Therefore, Code §30-23-5(B), which only applies in the two narrow situations provided in §30- 23-5(B), cannot apply and should not be invoked in this case. Further, Code §30-23-5(B) is not available for lots with other nonconforming uses, characteristics or structures, in addition to lack of public street frontage, which brings us back to the nonconforming "other cages" and the nonconforming "partially constructed building". The Zoning Administrator states in his May 17 Determination Letter that the zoning permit for the other cages on the Property was issued in error, and hence, the other cages are nonconforming structures. See Exhibit 1. Further, the Zoning Administrator recognizes that these cages are accessory structures in his May 17 Determination Letter and, as such, nonconforming in another respect: They are not located at leastl50 feet from the front line of the Property pursuant to Code §30-34-3(B). See Exhibit F. As for the "partially constructed building", again, the Zoning Administrator recognizes that this building is an accessory building in his May 17 Determination Letter and, as such, nonconforming because, again, it is not located at leastl 50 feet from the front line of the Property. See Exhibit F. Also note that the First 18007218 9 SCHEDULE B, continued Second Administrative Appeal June 13, 2018 Appeal, incorporated by reference herein, notes other nonconformities, any one of which would also preclude application of Code §30-23-5(B) in this case. In conclusion, in order to invoke Code §30-23-5(B), the lack of public street frontage must be a lot's only nonconformity. Should any other nonconformities exist, as they do here, Code §30-23-5(B) is inapplicable. Furthermore, the two narrow situations in which Code §30- 23-5(B) maybe invoked do not exist here and so, for the reasons set forth above, Code §30-23- 5(B) is not applicable to this case thereby barring enlarging, intensifying, or increasing use of the Property such as construction and use of the proposed raptor building. C. Reservation of Rights. Appellants reserve the right to further amend this Second Application as necessary. Additional detail supporting this Second Application, including but not limited to the evidence referenced herein, may be available upon request and may be provided prior to any scheduled hearing, subject to the protections offered under the attorney client privilege. June 13, 2018 Wharton, Aldhizer & Weaver, PLC Warner & Renick, PLC Attn: Gregory T. St. Ours, Esq. Attn: G. Harris Warner, Jr., Esq. James L. Johnson, Esq. 4648 Brambleton Avenue, SW 100 South Mason St. P. O. Box 21584 Harrisonburg, VA 22801 Roanoke, Virginia 24018 Telephone: (540) 438-5334 Telephone: (540) 777-4600 Fax: (540 434-5502 Fax: (540) 777-4700 gstours@wawlaw.com hwarner@wamerrenick.com . jjohnson@wawlaw.com 18007218 10 SCHEDULE C Administrative Appeal Written Zoning Determination for 5985 Coleman Road dated May 17, 2018 Tax Map Number: 096.08-02-03.00-0000 AR Agricultural/Residential District 5985 Coleman Road LLC Southwest Virginia Wildlife Center Adjoining Property Owners: Stanley A. Seymour, III and Jane L. Seymour 5942 Coleman Road Roanoke, VA 24018 Parcel ID: 096.08-02-04.00-0000 Property Address: 5960 Coleman Road Roanoke, VA 24018 James P. Holladay and Ellen. L. Antoniacci 6546 Sugar Ridge Drive Roanoke, VA 24018 Parcel ID: 096.08-02-01.00-0000 Property Address: 5423 Crystal Creek Drive Roanoke, VA 24018 Nicholas H. Beasley 5489 Crystal Creek Drive Roanoke, VA 24018 Parcel ID: 096.02-01-46.01-0000 Property Address: 5491 Crystal Creek Drive Roanoke, VA 24018 Richard N. Lovegreen and Erika E. Long 6513 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.08-04-17.00-0000 Property Address: 6513 Brookhaven Court Roanoke, VA 24018 1 Brian T. Loop and Jocassar Loop 6517 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.09 -04 -16.00 -WOO Property Address: 6517 Brookhaven Court Roanoke, VA 24018 James Robert Bradshaw and Kimberly Mooney Bradshaw 6521 Brookhaven Court Roanoke, VA 24018 Parcel 1D: 096.08-04-15.00-0000 Property Address: 6521 Brookhaven Court Roanoke, VA 24018 Russell P. Reiter 6523 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.08-04-14.00-0000 Property Address: 6523 Brookhaven Court Roanoke, VA 24018 2 x fir 0-un.tv of Ro n-a ° COMMUNITY DEVELOPMENT 5244 Bernard DfIve, Second Floor, P.O. Box 29800 Roanoke, Vlrgirila 24018-0798 Arnold .Covey; DIRECTOR TEL: 1540) y72e: QW BUILDING PERMITS / IOSPEbt(ONS lure klvMaReir, FAX: .(540) 774-7155 DEVELQPMEIITSERViCES DEPUTY DIRECTOR OF DEVELOPMENT SERVICES. NGlNEERING. PLANNING & ZONING PhIllp Thompfson, STORMWATER MANAGEMENT DEPUTY DIRECTOR OF PLANNING TRANSFQRTAIJON May 17, 2018 Mr.. StaoleyA. Se3ftour, RI 5942 Coleman Road Roanoke, Virginia 24018 RE: Second Written Zoning Determination for 5985 Coleman Road Tax Map Number: 09.6:08-02-03.000000 AR Agncultural/Residential District 5985 COLEMAN ROAD LLC Southwest Virginia Wildlife Center "The Property" - Dear Mr-. Seyrnoutr: in, rosponse to. my first zoning determination written to you. (on March 30, 2018) relating to the iabQve noted Property, I received your request.; dated March 30,1018 (your "second request"), made through,youir attorney, Mr. Johnson, requesting additiontd zoning opinions related to the Property. Since the request is for a.property not under your ownership or control 1. will also provide a copy of my written determination to the owners of the Property. Setbacks You requested information an several items regarding setbacks. Section 30-34-3(B) of the Roauoke County Cede sets forth the applicable miiaimum seti�ack:irequircments (for AR Agricultural/ Residential, Districts). The required setback for the proposed raptor building-. If the raptor building is approved and constructed.. as proposed, it will be considered the principal structure (because the Property's: principal .use (veterinary care and rehabilitation of wildlife). will be conducted within it and because it: will be larger in size than the existing principal strui:,tare), Aceoirdiogly,'the rnim'mum front yard. setback for the proposed raptorbuilding would be 30 feet, the side yard setbadk would be 15 feet and the rear yard setback would be 25 feet. EXHIBIT a The setback for the partially constructed building: Where the principal structure is more than 150 feet from the street;, accessory. buildings may be located 1'50 feet from the street and 20 feet from any side property.line. The other cages on the property will fall within the same setback category. as the other accessory structures as the. "partiallyconstrueted building." if a Special Use. Perrtiit is approved and the raptor building is' constructed where proposed, the setback distances for the accessory structures will then be located behind the rear building line of the raptor building and the accessory structures. will.noed to meet a minimum 10 feet side setback. The need for a -special use permit The requirement for a special use -permit for the proposed.raptor buildingand the partially constructed building is based on Zoning, Ordinance Section 3.0-23-�5(13), Nonconforming Lots of Reoord, (B) Any lot of record that is nonconforming because it has no public street frontage may be developed; or an existing structure on the lot may 'be expanded, ,provided the county reviews and grants u special usepernsitfor the proposed development, expansion, and use in accord with the: standards and procedures coWdined in Section. 30119 of this ordinance. This provision shall not apply to the use and dev dopment ofsuch parcels for any agricultural and forestry use type, or for single family.or two family dwellings. (Emphasis added), A variance is not required In your request for a determination, you also shared your opinion that because the proposed projects appear to require "a modification of the road frontage ordinance; 'you believe that the County Code requires that the applicants obtain a variance, rather than a special use permit.. Section 30-.19-1 of the County Code, Gederaal Staindar'ds, states: The administrator shall not accept a special useper-mit applfcat on, for a lot or parcel that does comply with -the -minimurn requirements contained 'in Article IV., use and design standards, for that use. In: such situatiorim, the applicaw shall f rst seek a variance from the, board of inning appeals. If a variance iy. granted, the administrator shall thereafter accept the special 'use p rmit applicati¢n for the consideration of the corm mission. and board, Article IV of the Zoning Ordinance outlines -additional, modified or more stringentstandards for uses tbat- have an asterisk (*) beside the permitted uses list. In Section 30-34-2 ofthe CO.4nty Code (which sets forth permitted uses in the AR Agdoultural7Residinitial District); the Veterinary HospitaUCliruc use does not have an asterisk; it -does not have any use and design standards, Site development regulations, which are set forth in Section 30x34-3 of the County Code (including frontage requirements), are not use and design standards; the variance requirement applicable to use and design standards does not apply, As noted above, Section. 30- 23-5 (B) -states that nonconforming lots (including those. that lack public g0eet frontage) may be developed .ar- exp. inded, `"provided. the county reviows and grants a special use permit for the prosed development, expansion ... $9 Further, Section 30-14(C) of the County Code (Amendm6nm to Ordinance) states: The administrator shall. not accept any amendment application for a lot .or parcel that does not comply with the. minimum -lot area, width or frontager=equirements of the, requested zoning COMMUNITY DEVELOPMENT ,5204 Barnard []five; Second Floor, P.O.Box 29806 Roanoke, Vlrginla .2401&0798 TEL (540) 772-2080 FAO1540) 776-7155 dgsirict. In such situations, the applicant shall farstseek a variance from the board ofxoning appeals.. If a variance is granted, the administrator shall thereafter accept the amendment. application for the consideration. of.the commission and board. (Emphasis added), This section refers to situation iu which an applicant as requesting a rozoning from one zoning district to anothor. An application, for a. special use permit for a nonconforming lot of record (pursuant to Sector 30-234) is the. peoding request, Based on the above, it is my determination that a variance was not, required prior to the acceptance of this speG.ial use permit application. The other vages also require a special use permit The Property does have multiple animal enclosure structures that were constructed, but were not large enough to require. building permits. A zoning permit was initially issued for these structures. However, after further review of the inforination originally submitted for the zoning permit, I detennined that the -zoning permit.for the accessory structures was issued.in error and those structures will also 'require a specialvse permit: Please be aware that this written determination is issued by the Roanoke Caurity Zoning. Administrator. Any Penson aggrieved by a written deteiimination of the Zoriia.g Administrator may appeal the decision to the Board of Zoning Appeals: Appeals must 'be made -within thirty (30) days of the entry of the written determination which is the date of receipt of this letter. Also please note that this written deternunation ofthe Roanoke County Zoning.Admi nistratof shall be final and unappealable if`not.appealed by the deadline noted in this letter (Seo 15,2.2311 Code of va}. 'It is the applicant's responsibility to submit a complete :administrative appeal .application within the required deadline in order for the appeal request to become valid. In addition, there is: a $275 administrative appeal. application °fee and:required legal advertisement fees shall. be the responsibility of the appellant. I will include an Administrative Appeal Application for your reference. Sincerely, 0��4r - John. F. Murphy; CZA Zoning. Admioistratox° Attachment: Adininistrative Appeal Application CC: 5985 COLEMAN ROAD LLC. 5985 Coleman, Road Roanoke,. virgima24oi8 COMMUNITY DEVELOPMENT 5204. Bernard Drive, Second Floor; P,O, Box 44$00 Roanoke, Virginia 24418-0798 YEL; (540) .772-2080 FAX: (540) X76-7455 Page 1 -of 10 James Johnson - Re; [EXTERNAL] - Re: 5985 Coleman Road FOIA email 3 of 8 EL -1700242 From: James Johnson To:. Peter Lubeck Date: 3/30/2018 3:40 PM Subject: Re: [EXTERNAL] - Re: 5985 Coleman Road FOIA email 3 of 8 EL -1700242 Cc: Greg 5t. Ours; Heather VanLear; John MWhy; Stan Seymour Mr. Lubeck: We would like to thank the Zoning Administrator (Mr. Murphy) for his letter referenced below in response to Mr. Seymour's questions pertaining to Southwest Virginia Wildlife Center's (the "Clinic") development of its real estate (the "Property"). We currently have three points from the letter for which we seek- clarification: 1) The letter states that with regard to ascertaining proper setback restrictions, the "front property line for the Property is the common property line (309.93' in length) between the (Clinic's] Property and the adjacent parcel—addressed as 5960 Coleman Road." We ask that the Zoning Administrator please clarify the minimum setback requirement for the Property's front line regarding each of the following structures: (a) the proposed raptor building (for which Mr. Murphy determined a special use permit must be approved), (b) the partially constructed building (for which Mr. Murphy determined a special use permit must also be approved); and/or (c) other cages located on the Property within the setbacks (for which it appears no special permit was approved). At minimum, please provide the governing code section. 2) As mentioned in #1(a) and (b) above, Mr. Murphy's letter states that due to the lack of proper road frontage, the proposed raptor building and the partially constructed building must be approved via a "Special Use Permit". Please provide the code section or other authority on which Mr. Murphy bases this determination. As mentioned in his February 27, 2018 letter to Mr. Murphy, Mr. Seymour does not understand why the proper procedure for such a project would not be "Variance", rather than "Special Use Permit", in light of the fact that such a request appears to require a modification of the road frontage ordinance. 3) As mentioned in #1(c) above, and as per my letter to you of last week, my client believes there appears to be currently several animal cages already constructed on the premises without permits. We ask that the Zoning Administrator please clarify whether such structures should have required the same approval procedure under the authority on which you base your determination (i.e. the answer to #2 above.) We appreciate the time and consideration Mr. Murphy, you, and staff have given these requests. My client reserves all rights regarding this matter, including appealing the determinations made in your letter dated March 30, 2018 and any clarification thereof. Regards, Jim Johnson EXHIBIT file:/11C:/Usersljjohnson/AppData/Local/TemplXPgrpwisel5ABE5A51 WAWDOMWAW^P... 6/8/2018 Countp of Roanoke pEPARTMENT OF COMMUNITY DEVELOPMENT BUILRINQ PERMITSI INSPECTIONS DIRECTOR, ARNOLD COVEY DEVELOPMENT REVIEW 05PUTY DIRECTOR QF DEVELOPMENT SERVICES, TAREK MONEIR ENGINEERING DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON ENVIRONMENTAL MANAGEMENT PLANNING & ZONING TRANSPORTATION March 30, 2018 Mr. Stanley A. Seymour, III 5942 Coleman Road Roanoke, Virginia 2401..8 RE; Written Zoning Determination for 5985 Coleman Road Tax Map Number; 096.08-02=03.00-0000 AR Agricultural/Residential District 59.85 COLEMAN ROAD LLC Southwest Virginia Wildlife Center Dear Mr. Seymour: I have received your letter with additional inforination that was delivered to the Roanoke County Administration Center vn February 27, 2018, Since the request pertains to a property not under your ownership or control I will also provide a copy of my written determination to the owners of 5985 Coleman Road (the "Property"). Your letter ineludes.a request for zoning determinations related to the use of the Property. The first category of your letter was "Nonconforming Use." I understand your question to be whether the present use of the property (as a veterinary hospital/ clinic) is a nonconforming use. It is my opinion that the present use --is conforming. In 2014, the zoning administrator approved the use as a veterinat.y hospital/ clinic. The constmetion of the proposed raptor building and partially constructed building on the Property will require a Special Use Permit, due to a lack of public road frontage. The Special Use Permit is apublic hearing process through the Planning Commission and Board of Supervisors. The second category of.your letter was "Zoning". I understand your question presented in this section to be whether the present use is properly classified as a veterinary hospital/ clinic. You specifically question whether the fact that animals stay at the facility overnight prevents the use from being thus classified. It is my opinion that the use is properly classified as a veterinary hospital/ clinic use and that animals who remain at the facility overnight (whether indoors or outdoors) are not boarding, Although the term "boarding" is not defined in the County Code, 1 understand the terni to refer to P.O. BOX 29800 - ROANOKE, VIRGINIA 24018 1 PHONE (540) 772-2080 , FAX (540) situations in which owners of domestic animals drop their animals off at the facility for a set amount of time in exchange for a fee. In the situation at hand, the Animals who stay at the facility are not domestic animals and do not stay at the facility for a set amount of time in exchange for payment. All animals who atay overnight at the facility are receiving veterinary care. There are no boarding activities conducted at the facility that are incidental to the medical treatment of wild animals. This conclusion is supported by the finding trade by the Commonwealth of Virginia Department of Health Professions, Board of Veterinary Medicine. The license approved for the Property is a Veterinary Establishment, Wildlife Rehabilitation Center and has a specific restriction stating "No Boarding." The last category listed in your letter is "Setbacks". 1 understand that your question pertaining to setbacks is regarding the location of the front property line, Alter conducting extensive research originating with information on the County GIS and then reviewing plat and deed information, it is my determination that the fiont property litre for the Property is the common property line (309,93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-04.00-0000, addressed as 5960 Coleman Road. This. determination is different than what I advised you in our original discussion about this issue. Please be aware that this written determination is issued'by the Roanoke County Zoning Administrator, Any person aggrieved by a written determination of the Zoning Administrator may appeal the decision to the Board of Zoning Appeals. Appeals must be made within thirty (30) days of the entry of the written determination which is the date of receipt of this letter. Also please note that this written determination of the Roanoke County Zoning Administrator shall be final and unappealable if not appealed by the deadline noted in this letter f Sec 15.2-2311 Code of Va). Itis the applicant's responsibility to sub.rnit a complete administrative appeal application within the required deadline in order :for the appeal request to become valid, In addition, there is. a $275 administrative appeal application fee and required legal adveitisement fees shall be the responsibility of the appellant, I will include an Administrative Appeal Application for your reference. Sincerely, John F. Murphy, CZA Zoning Administrator Attachment: Administrative Appeal Application CC: 5985 COLEMAN] ROAD LLC 5985 Coleman, Road Roanoke, Virginia 24018 P.O. BOX 29800 ROANOKE, VIRGINIA 24018 - PHONE (540) 772-2080 - FAX (540) 776-7155 ,v� I - r [9W "VOK noes vn'�sonwx•ansua u�Mwnsoasics glo�"-:.ai �1!�ir' +dam � .soai�xaa nS�ap Ptnrr�ai,yace � (n'+9 '4tf hn'Y.±R'kr� �d.Q3r� ° ��f'iG1'[tpl wlFti�dJ►t 1.�MN`:L�T� J© �lit p t MIS fi f a °® I �� �$ it lit 'II x 11 � � 1Y-1 tg I§ va 11 !Jill" IF] ', }�yE� 5� 5��� �■ y. ��bP �il ; � H -Maxi RpE yiA y5 J $ WE iS 7 f i1110 MillE§$■ y0T ]S§ s d& # i`p = $yy $ •� g 9 3 RESIDENTIAL PERMIT APPLICATION APPLICATION #! Roanoke County / Town of Vinton - community Development1 'r�1z ^ . 5204 Bernard Dr. / P.O. Box 29800 Phone 540-772-2065 1 cu Roanoke, VA 24018 Fax 540-772 2108 check Appropriate Boxes ® New 0 Alteration ❑ Addition ® Demolition ®Single Family ❑ Duplex ❑ Townhouse ❑ Mobile Home []Single Family (attached) ❑ Accessory Structure tohAddress: 5985 Coleman Rd suod[vislan: T U.- Tax Map*: 096.08-02-03.00-000--7: 0 AR n W 4r 4r Owner(s): phone: Q. 5985 Coleman Road LLC 540-798-8545 h! MailingA4dress: Cell: Z same as above Email: ApAlicane lit other than owner)= Phone: Mutter Construction 1 Keith Roberts 540-580-4771 SApplicant Addrecell: ss: 1250 Chandler Rd Goodview VA 24095 540-354-0883 a1250 Chandler Rd Goodview VA 24095 Fex: E II karoberts38@gmail.com Z State License R: Expiration Date:County license lf: 2705078736 08/3112017 100026054 Z Odetly, but thoroughly, describe the proposed work. You may attach additional sheets if necessary. Convert covered screened In carport into usable space wllh elsc and plumb au a Fleat Spurce Heat Pump Gas Electric ❑ Wood Stove ® Solar Other Water Source Public Water Well Sewage ❑ Public Sewer ❑ Septic I hereby certify that I am the owner of the record of the herein described property, or that the proposed work has been authorized by the owner of record and that I that I have been a make this application as a designated agent. I agree to conform to all applicable state an Building Height: * Fireplaces: W Double -wide . Living Area (Include Fin. Basement) (Sq. Ft.): * Bedrooms: Triple -wide A F cc EGauge Area (Sq. FQ: a Full Bathroom.. 2 Q Unfinished Basement Area (Sq. Ft.): # Half Bathroom Carport Area (Sq. Ft.): M Stories: OKk Area (Sq. Ft.): * Units: G Covered Parch (Sq. Ft.): gUndation ❑ Slab ❑ crawl Gazebo/ Storage Old. (Sq. Ft.): ❑ Basement Fleat Spurce Heat Pump Gas Electric ❑ Wood Stove ® Solar Other Water Source Public Water Well Sewage ❑ Public Sewer ❑ Septic I hereby certify that I am the owner of the record of the herein described property, or that the proposed work has been authorized by the owner of record and that I that I have been a make this application as a designated agent. I agree to conform to all applicable state an E a a� regulations, rules and policies and such shall be deemed a condition entering Into the exI co r --mit. In addition, if a permit Is issued, I certify that the code official or his authorized r have the authority to enter the area(s) described herein at any reasonable hour for of enforcing the provi s of the applicabie t e(A) �- - r^OFFIC Signature: � � ✓ � tate; 5/2312017 FEMA Estimated cost should include all electrical, plumbing, and mechanical work. Including equipment, labor, overhead and itimated Cost( 38,000.00 YES NO Single -wide (under srr) Double -wide . ❑ Triple -wide A F cc Manufacturer: Year: u. 2 2 Est. Cost: E a a� regulations, rules and policies and such shall be deemed a condition entering Into the exI co r --mit. In addition, if a permit Is issued, I certify that the code official or his authorized r have the authority to enter the area(s) described herein at any reasonable hour for of enforcing the provi s of the applicabie t e(A) �- - r^OFFIC Signature: � � ✓ � tate; 5/2312017 FEMA Estimated cost should include all electrical, plumbing, and mechanical work. Including equipment, labor, overhead and itimated Cost( 38,000.00 YES NO In VZA doorto manima! MOM Measurments are not exact Bird room pian 2 3 00 to gird bird; equipment bird gird i shelves shelves shelves shelves cart dont to i Tilafill Ila I I roon) Plan 2A furniture �iIF:#;ll Crash cages White board on back of shelves cart 511 1-71 CL' r�raovav��nsvcsas�sti I slit -if i V i bird i iJ Fridge 1huge shelves incubator rapterium ; I shelf 1 Spaces i upper & i } lower ' #. Nursery cabinets inculcator Treatment .- _.. l r i raiotal bird iatite shelf `' f � Ca€ es shelves , siIlk i � 1 s pace f i ii 1 I i Window 271I sink &i Storage, Multi-purpose cat7Enets recycling,, trash _ observation, Water I ICU, quiet f=olding doors fowl - wet � door to room, area raptors, etc. water i attisicle fAWI tub freezer, i I storage , d our to Al outside Plan 2A furniture Southwest Virginia Wildlife Center • y ,�V�. `l` H.v � t.of Roanoke May 16, 2018 To Whom It May Concern: 11 EXHIBIT The goal of the Southwest Virginia Wildlife Center is to treat injured, orphaned, and sick wildlife in a manner that they will be successful when returned to the wild. There are many steps involved in achieving this goal. We treat many raptors (birds of prey) wifh fractures and soft tissue Injuries that require veterinary care followed by rehabilitation, It Is pointless to repair fractures and treat wounds without providing the physical therapy and flight conditioning necessary for the birds to be successful In the wild. likewise, attempting rehabilitation without addressing the medical issues would he futile. Veterinary care and. rehabilitation go hand in hand in giving these birds the best chance at recovery. When raptor$ are taken into captivity, they rapidly lose muscle and soft tissue strength as well as flexibility. The stress of being indoors and handled can slow the healing process. Once their medical issues are addressed, it's critical that physical therapy and rehabilitation.begin almost immediately in order for the birds to Treg'aln the strength and flexibility needed for flight and hunting food. To r�lnim#ze stress and pain, physical therapy is usually performed under anesthesia Initially. Then the birds are moved into increasingly larger aviaries where they are encouraged to fly, thus, giving themselves physical therapy and condltloning without the stress of being handled. The oval raptor flight building the SWVWC hopes to build will provide the space needed forthe larger species to complete their recovery. The shape of the structure will allow. the bins to fly'continuously, thus, shortening the time to rebase. In the past, we've had to transport the larger raptor species to another facility tWo hours away for flight conditlorilhg, which can be a very stressful experience for the birds. in.2017, we treated 49 large raptors. Most would have benefited from onsite flight conditioning. Having an oval raptor flight building will provide the continuum of care needed to give the raptors every opportunity to heat and be released back to the wild. 6986 Coleman Road Roanoke, VA 24018 swtirawiJCffife0611ter@gM1c0m Marti Line: 540'798*9836, www.swvawi1d1ffecenter.org The property located at S985 Coleman Road is currently zoned AR and falls underArtfele Ill -District Regulations, Section 30-3-2. AR Agricultural/Residential District Permitted Uses. (A) Commercial uses - Veterinary Hospital/Clinic. The BuRding located at 5985 Is currently used as a Wildlife Veterinary Cilnic, The nonconforming development on the 2.85 acres falls within the applicable use and design under the District regulations Section 30.23-•5- Nonconforming Lots of Record. Expansion is allowed providing the county reviews and grants a special use permit set forth In the standards and procedures contained In Section 3019 of this ordinance. , The impact on the property at 5995 Coleman Road Is minimal, The.proposed primary Raptor building will be situated beyond the set back line stated In 30-34-3 Site Development Regulations. The building will . also be located over 31 feet behind the building line. The selected location will be 31 feet from the side yard meeting the regulation. The height Is 20 feet which is less than the maximum of 45 feet 16 height per the regulations. The total building coverage, including accessory structures, is approximately 6.5% which remain well below the maximum allowable (25%) by zoning code for this district. Additionally, the total proposed lot coverage is approximately 14.86 which also remain well below the maximum' allowable (501) by zoning code forthis district. Thee totals are based off the total surveyed lot acreage of 2,854 acres (124,M&f.). The Impactto allow the wildlife center's expansion of a primary building Is minimal. As stated In the above paragraph the building meets all requirements, and Is smaller than the allowed size, The building Is a state of the art design, becoming an assetto the Roanoke County and the community. The request for a building is necessary to lessen the time needed to rehabilitate raptors, and the time each hawk or owl spends at the veterinary center, It allows for multiple species to receive necessary flight tlme'at the same time, building pectoral muscles and stamina for release and'returning vital wildlife much quicker to their original habitat end allowing the species to continue to flourish. impacting the private welt on the property will Increase only slightly, raptor$ are not large consumers of water, typically they only bathe,.and the wildlife Is already In our care at the center. A fence was added on one side of the driveway nearest the -closest adjoining neighbor after we opened to lessen the view. These neighbors actually expressed how disheartened they were when the fence was placed between our properties; they actually expressed a desire to watch our rehab efforts, especially atter the numerous improvements made to the site and building. Roanoke County Animal Control, Conservation Officers and the Police Department Will still be able to use our facility as they dig now, for dropping off injured or orphaned wildlife in need of our services. The wildlife center greatly benefits the environment: County, Parks, and Greenway with our release of species In decline. The canter's rehab of endangered, threatened and migratory species has a profound effect on our environment and well- being. Southwest. Virginia Wildlife Center of Roanoke is an asset that few localities have. The public's need for wildlife care has been met and dally, their gratification is expressed for our volunteer work and hours provided free for the community. The center provides invaluable education programs to the area elementary and middles schools, churches and civic groups and Is In constant and growing demand, teaching the youth about their environment and wildlife and coexisting. EXHIBIT When an injured or orphaned wild animal Is admitted the patient is placed In an appropriate sixed containment Depend on the needs the animal maybe -placed In ICU for Intensive treatment and possible surgery, x-rays. The ahimal is moved to the appropriate room to be housed with similar species. Once the animal Is at the proper stage (age) or eating an Its own, it is then placed outside In appropriate sized building for that species to flourish, while galning strengtb for release. This stage Is necessary for the anlinal's vlabillty In nature. Once the patient is deemed releasable by the staff veterinarian or the Category Ili, they are taken back to the location of rescue or a suitable habitat for release; returning needed and declining speclesthat help decrease our foot print on our environment and the cycle of life. Different sized buildings ars required for different.species. We do not place a guteo (one species of hawk) In a 10' X 10' cage, It requires an area larger than Its wing span to strength pectoral muscles required for capturing small malrnmals and rodents. We following Building requirements set; forth by the VOGIF and U$FWS. ' 0 The Special Use Is in accordance with the current and approved use of the property at 5985 Coleman Rood. Requesting a special use permit far a primary building to house raptors will allow the terrier to property exercise native species and return them to their proper habitat in a timely manner, The building is less than what the Special Use Permlt allows. The building will bebuilt by a Class A contractor. This property was vacant and in need of many repairs when purchased In 20b. The center continually maintains the grounds and building, In 2017 the center was awarded Federal Money from an environmental lawsuit against a local company. The united states Attorney then selected our center as beneficiary, due to aur work with raptors. Precedent was set In State of Virginia when the center was awarded the Federal funds for Capital fmpraveinents to the veterinary clinic. The government felt the manoy for the damages inflicted In our area, should stay here.. The addition of a raptor building is In the best Interest of the community, assuring the County of Roanoke Is investing In the diverse and threatened wildlife needed to sustain a healthy environment In Roanoke County. The wildlife veterinary center is vital to the County of Roanoke community, providing necessary help and solutlons to wildlife conflict. The building will not be detrimental to the surrounding community, The property at 5§85 Coleman goad. has been in use as a Wildlife Veterinary Center since 2014, serving the community, receiving wildlife from the public of Roanoke County, Animal Control to Conservation Officers In need of our services. The building will be high quality, enhancing the wooded and natwal. look of the property currently Zoned AR. Melght of 20 feet is less than the allowed.45 feet per the regulations and less than a two story name. The center at 5985 Coleman Road Is located at the end of Coleman Road. The addition of a building of this quality will not affect any adjolning'propertles. The center's acreage Is surrounded on three sides by properties zoned AR with outdoor building on each. One side is a residential area and a privacy fence was placed between these properties. Supporting the request, Southwest Virginia Wildlife Center of Roanoke went to extra steps to acquire plans for a quality and ecstatically pleasing building. The cost to build this butiding exceeds $82,004.00, and the center has made applications for grants and private fundingto complete this state of the art building. $55,000.00 has been granted to begin the building and the public is already sending In donations ear marked for this project. Plans were selected with care to make this a professional and quality project that will not affect arty surrounding areas. Adjacent properties have outdoor buildings and sheds chat do not reflect the high standard or appearance of this building. EXHIBIT March 8, 2018 To Whom It. May, Concerm. The Southwest Virginia Wildlife Center provides veterinary, care and rehabilitation f6r injured, orphaned, and sick native wildlife As the veterinarian bf record f4r'the facility, it is my responsibility io see that We provide the best. medical care possible within the constralnts� of our resources. That includes from the time an animal Is admitted to our facility until It Is. released back to th-� wild; transferred to another permitted facility; or Humanely euthariized'. In -captivity, wild animals riot only have to endure the extent of their injuries, but. also the stress of being vulnerable -to predators (the humans who are trying_to help them). Birds'have a NO rate of metabolism compared to: rnamrna.K. Trey lose muscle tone and stamina rapidly as a result of'being.In captivity. Song birds must be able to evade predators and -the predators such as raptors (birds -of prey-)' have. to be able. to catch: prey to survive.. Aga. result, the flight concIftlaning to increase strength -and starnina is an essential part -of the medical treatment -that we- need ta. provide. 8buthwest Virginia Wil-diife Center needs a large raptor flight building to give aur pratlents,the 'best-cha.nce possible at.returning to -the wild -by providing the necessary flight conditions. -to strengthen muscletone-and improve stamina. It would also provide. a Targe ei ough-space to determine ifthe.raptors..can hunt. We only release birds who. can sustain appropriate. flight for -their spocies .and. Who can, feed the:rnselves su-cceufully. I -merely, 'Xor) Dian& H. D'Oraxio, D2 Sdut'hWiett Virginia Wildlife Center 5985 Coleman lid. Roanoke, Va. 24019 Work;. 540-79&-98.36. Cella 540-797-9886 its14 2 CIDT- 0 LU N _mow u Ln u 0 w its14 2 CIDT- 8/7/2018 ABOUT About j Southwest Virginia Witdiife Center of Roanoke EXHIBIT a Southwest Virginia Wildlife Center of Roanoke V Donate (/ ake-A-Donation About Southwest Virginia Wildlife Center of Roanoke Southwest Virginia Wildlife Center of Roanoke is a state and federally licensed rehabilitation facility that offers quality care and veterinary treatment to the animals of the greater Roanoke Valley and surrounding areas. Operating since 2000, directors Sabrina and Lucky Garvin, members of the National Wildlife Rehabilitators Association and the international Wildlife Rehabilitation Council, have over sg years experience. As such, they are well qualified to provide care tailored to the needs of a variety of species. They are assisted by a staff of volunteers, interns, and veterinarian, Dr. Diane D'Orazio. This facility specializes in native Virginia wildlife, with a strong emphasis on birds, which constitutes the majority of the iioo+ cases admitted each year. Intakes include raptors (owls, kestrels, hawks, etc), waterfowl (including herons, geese, ducks, and shorebirds), and migratory birds such as state -threatened Chimney Swifts to the diminutive Ruby Throated Hummingbird, Southwest Virginia Wildlife Center of Roanoke utilizes the "soft release" technique, in which animals gradually acclimate to foraging methods before final release into the wild. in some cases, certain species are transferred to areas with a thriving population of that species with adequate resources. In others, animals take up residence in the wooded acres behind the facility. Southwest Virginia Wildlife Center of Roanoke has a 501(c)3 status, Alt donations are tax-deductible. Mission; Conserving Virginia's wildlife through rehabilitation and release while teaching care and respect of native species. Address, 5985 Coleman Road Roanoke VA 24018 For directions click here. (https://swvawildlifecenter.org/directions/) https://swvawildlifecenter.org/about/ 114 March 8, 2018 To Whom It. May Concern.- The oncern: The Southwest Virginia Wildlife Center provides veterinary care;and rehabilitation for injured, orphaned, and sick native wildlife As the veterinarian of record for the facility, it is my responsibility to see that we provide the best medical pare possible within the constraints of our resources. That includes from the time an animal is admitted to our facility until itis released back to the wild, transferred to another permitted facility, or humanely euthariized. In captivity, wild animals not only have to endure the. extent of their injuries., but also the stress of being vulnerable to predators (the humans who are trying to help them). Birds have a high rate of metabolism compared to mammals. They lose muscle tone and stamina rapidly as a result of being in captivity. Song birds must be able to evade predators and the predators.such as raptors (birds of prey) have to be able to ;catch prey to survive. As a result, the. flight conditioning to increase strength and -stamina is an essential part of the medical treatment that we need to provide. Southwest Virginia Wildlife Center needs a. large raptor flight building to give our patients the best chance possible at returning to the wild by providing the necessaryflight conditions to strengthen muscle. tone and improve stamina.. It would also provide a large enough space to determine if the raptors can hunt,. We only release birds who can sustain appropriate flight for their species and who can feed themselves successfully:. na prely, . ( r \. Diane H. D'Orazio, DVN. Southwest Virginia Wildlife Center 5985 Coleman Rd. Roanoke, Va. 24018 Work: 540798-983.6 Cell: 540-797-9886 EXHIBIT County of Roanoke For Staff Use Only Comroaulty Deveio inent # Date received; Licccivod by: Planning & Zoning Q3 --Q -- _1013 as Application fmPCIB2A date; 5204 Berngird. Drive r 0 PQ.Box29800 placards issued; 130S date: Roanoke, VA X4018 i b (540) 772-2068 FAX (540) 776.7155 Case Number Check type of ppJkatian filed (check all that apply) 0 Rezoning Special Use Q Variance Q Waiver Q Administrative A.pge�I � Comp Plan (15.2.2232} Review. Applica 1f}AlirJ} nPlnnii� Phone: 4�V i l(f ligV'� Ci0-6 Work:. ,5Q 6S 6) If -w n hl Cell Fax No . Owner's nameladdress� twjlzip Phone #: -5,T Z 1 �q V� lQ1i1`riS n ` Ix Work: � 5 �-e itia ltz � Z [ t Fax.No, #: i 7 Property Lnc o, n a. 05 (off '1` al? til,. Ma„isterial District ava ptamdo- . V4-- Conutylanuingarea, I qb Tax Maotl P •� Existing Zoning,. 0 Size of parcel(s): Acres: ` Existing Land llse: X11 liY . IZOi`TATG,.,R.IdCL,iTS'.E:l<'ERi1�iT� WAIVL�i? AND Cit7MF'PLrl1V {xs z2aj>ItE3�1"iICA'S (Ri51Wi..CI'y Proposed Zouinig gwrky% Proposed band Use: , l Does the parcel meet the minimum lot area, widtb, and frontage requirements of the requested district? Yes 0 Na Q IF. NO, A VARIANCE XS. REQUWD FIRST, � - e Does the parcel meet the minimumcriteria for. the requested Use 71�pe? Yes Q No Q IF NO, A VAR7ANCE JS REQV MD PR;* ' If rezoning request, are conditions being proffered with this request? Yes Q No 0 lYA-la"ttEE, I AiVEd�A2VDAD. FINisi'iR,9iTI E PP .9 ;tlPPLIC�4NT-S,(WWA9) Variance waiver of 5eotion(s) _- of the Roaaoite.C-ounty Zomig Ordinance tn: `• Appeal of. Zoning Administrator's dedsion.to 171 Appeal of Interpretation of Section(s): of the Roanoke. County Zoning Ordinance Appeal of Iirtterpretation of Zoning Map to ISA Is the application complete? Please check if t nrclosed. APPLICATION WILL NOT KE ACCEP ITEMS A" MISSING OR 1NCOINPLETE. RISMCk WAARiSI'wfcp 'Ir/AA • A/QW/CX' VIAA Consultation $ .1/2" x I V GgnCept plan: Application fee Applicsti6a Metes and bounds deserip on Proffers, if applicable Justification Water and sewer applic ki f Adjoining property owners I hereby certify that I am either the owner of the property or the owner's ag hi or co r chaser and am acting with the knowtedge and consent f the owner. { �`' Owner's Signature 2 Answers to the Waiver of Comp plan (15.2-2232) Review Requests The. property located at 5985 Coleman Road Is currently zoned AR and falls under Article 111 -District Regulations, Section 30-3-2. AR Agricultural./Residential District Permitted Uses. {A) .Comme.rcial Uses - Veterinary. Hospital/Clinic. The Building located at 59$5 is currently used as a Wildlife Veterinary. Clinic. The nonconforming development on the 2.85 acres fails within the applicable use and design under the. District regulations.Section 30-23-5- Nonconforming Lots of Record. Expansion Is -allowed providing the county reviews and.grants a.special use permit set forth in the standards and procedures contained. in, Section 30.10 or this ordinance. The building walls will be constructed with V X 81 and 4 X 12', a solid roof and.strylights: The building.will have electricity and Water, The buildih 15 -to be constructed..to minimize any outside conflicts to the. wildlife for their wellbeing and to recover In a quiet setting. The impact on the property at 5985 Coleman.Rood'is minimal. The proposed Raptor building will be, situated behind`the..set back line stated In 30-34-8 Site Development Regulations of 15 feet.. The building will be located more than the minimum of 15 feet behind the building line. The selected location will be 15 feet from.the.side yard meeting the regulations and 10 feet from accessory structures perthe regulation requirements, .The height is 20,feet which is less than the maximum of 45 feet in height pet the regulations -The cage coverage is less than 3,820 square feet which is 3% of the acreage i and less than 25% requirement per the regulations: well within the twenty five percent allowed. Twenty- five percent of the acreage•equal s 31,036 square feet.which is allowed to be used per the district regulations.. The total lot area available of the acreage / 124,14.6 square feet or,2.85 acres. The irnpactlo allow the wildlife. center's expansion of an additional building is minimal. As stated in the above paragraph the building meets all `requirements, and is smaller than the allowed size. The building_ is a state ofthe art design and an asset to the Roanoke County and the community, The request for a building cage Is necessary to lesson the.tim.e needed to rehabilitate raptorsa.nd the time each hawk or owl spends at the:veterinary center. It allows for multiple species to receive necessary flight -time at the same time, building -pectoral muscles and stamina for release and returning vital species much quicker -to their.original habitat, allowingwildlife to continue to flourish.. Impacting the private well and septic, on the property. will Tncrease.only slightly, raptors are not large consumers of water, typically they only bathe, and the.wildlife is already in our care at the center. A fence was added on one side of the driveway.nearest the closest adjoining neighbor. after we opened to - lessen the view. These neighbors actually expressed how disheartened they were. when the fence was placed between our properties; they actually expressed a desire to watch our.rehab effortsand appreciated how we remodeled the property With our numerous Improvements -to the site and building, Roanoke County Animal Control, Conservation Officers and the: Police .Department will still be able to use our veterinary clinic as they do now, for dropping off Injured or orphaned wildlife in need of our services. We greatly benefit the County, Parks, and. Greenway with our release of the native species in rC,;4-,Z_ decline. The center's rehab of endangered, threatened and migratory species has a profound effect on the community's well. -being and environment. Southwest Virginia Wildlife Center of Roanoke Is an asset to the County of Roanoke; not many. localities can offer such vital services: The public's need for wildlife care has been met and their gratification is expressed daily for our volunteer work provided for the community and for free. The education programs .provided tothe area elementary and middies school, churches and civic groups is in constant and growing demand, teaching the youth about their environment and the wildlife in this. area. 0 4%h lk f I Is Aj .l: jlt� 10 46 o I Is Aj .l: jlt� � ' _- l S rt 1�1••'�',' 4 �� 1,. 3 Ki as y�J i,r r � i 1p � / , s51 1 �s: S 'f. ., `� 'S jk V7. } t . r' k R , ,P1 �• iji5 r f t:- 4♦l _- yya ¢l� '1F s, f^r *T'.•, "�r,r .0 � _T � ' ""�"�,.`xi�lYs rr ;'si.{� - •11., � �'1 �1 P~�"a 1Ule • � :.1��-1•� 4.-s, � '6 '.^'.. � Y + � 'r ' 1`+`t .'` � 'r tit' S '-'... 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Rroanitp Cir W i { itnAgpm V' t I Il itlwpmggSY I 1 F1 I t )1 Ff1hr4Apnl1 t 1 r 41A1'± 11 PAalr ;,1 ju�tlEji� lut c� pmm�c�aesa��� �i lamvs� r /, • m oanmmr 6i`!ni � 1 1j am a H ns 1 E¢ 11 ,,1 ;1 r i s. i'1 I1 l I ji' i i r[jj{I{�,kk 1 1I i tlr�immmamaaRsilm![nbq��oLpenmuuou��w ut Ilw I. 1 I fifr� Jit! �I�{Et�J,I�il iiFll3 I �i E i r� irw M�":;::m�gr m adaPo wwH okl 1'�nall t so JFI I r ' t J A irF A ItVy'" t K.$` �• k �.�'witc','"'�, t M 'a .,ii 5}`�4�i 'Bi Attu �'u' '1' :� � +`x` •. 'J. _ At t.4i to .��° ��- t � � ti ; � ` � � � •-• � 5 ' �� � i } ._�� t � ?< Z'rtl`i T ,•t-•Zx'-,-�—"_ � � - _ s'-.`=��.rr M _.'�",. i4�• � � s -S � ��� of ..%.�'.-ek �.`�`{""�'^�_e":-_•T_ L4� •ra':��f �-" � +;.• 1 Err• , �� y 11 �•}. - .. _ j a1.� - J. t f�� '� - , ;.�6 _ _ �`:a _ �....';f ..,.�.:._..:� .. ,... ��;. it r .. EXHIBIT Big Lick Veterinary Services 7777 Bent Mountain Road Roanoke, Virginia 24018 11 +-0 << � •t><,» . '..� a >a ,� _ �� r � +" J ► : #� � >;j � } t!i s ���„ i - � � r 1 � rr��l�� � e 11� ffr }it 31 .�-,,�t €;�� e r ,qj}� 1 j k���1� ""1� t tit1� r �1��,/� .a �t �. ���.�-!"� 3�S ��q'�'k�'•�'# .g e Rr}`7'h�i a•r\}� s.s� f�. f}e'y .[�,7'� r � ti%r�� ` � r e ysr1 . > - �, t ,r�� L+.. s` ,¢" ,+��,yiL\Cat •-` t+A� a`� �.. -. '�� %r�rA�,Kyy¢� ��tiY �y�' [A,;t ! 6� )? ! ! 1 5 ', i�'C1�k i. ���t a 4�c ;kl��S`r � r�r ,pf� � r�>rt �r � W •+�+���'�!Y .. r . 1:. °�,V�,,,a ./p t�s �.. t r ♦ -�� at t +5. ,te4,. a�, t e ' �e dif t,`v t' .. � ai5✓R?,�yy,r�ti� 'i,�p'� 1€�4S � _ !�, Vr � '�, .t e' Y r�,t -�1r D rf � ��Cn'�j+ S��z � Ins � i j �`�\�yue 'Z�1S IS'•� j'lr�y, Ste.% 3 � ♦ y j' tyr V" �,�,� v�'� �� ^�.+f r� I %r i s-i� �'• � '�,,• ti 14.t t }. y� V71, A �,� `t-lah �l t.: 5 r j3. '` •'Yqz i ...� �C ;'h r i i tr i'r7 r to�`'EI to ➢+' 1.t rr'"___ 1. �i' .� 1 ! 2 3 , Ar�� .. 4 �/ � �� Y � �� � ett e' •' { !{ zzz �y.,,r�YE1r � �� 7� 'y •may amt l�jA f'� ��'^'•�, ��' l; � -. �� �� ��, f 7' I �,� �d � �ie� � r-1� e Y%�_ '. a z �r 1r . s = I , � Brambleton Veterinary Hospital 3528 Brambleton Avenue Roanoke, Virginia 24018 P 5 m kWh n oil N p >y! \ r� \\ j \\��� � : / /� �� / § . \ ) ~ :� \ ƒ \\ � .�: \ 'y»» \ \ �� L2 v \ :� z\\} -42\\ �:}� `� <� S: Cave Spring Veterinary Clinic 4530 Old Cave Spring Road Roanoke, Virginia 24018 sir, xWAAx I��iyffl�ls}jyf^!/r r�,1 c .I - 1 • �', �' • +.' rr +�� 1 f.� i ��>? r. J rk rt-r(,yiYf( yr r coy 4 s ,�t :�i'. pt � 4 •d"3t[� r 1 t 1,{'��,i�+�d�y��Y��-'� �} rs} n♦ - - i VW ti Fa /°t,/L:'�E ldi' "�4. r` ' ,. 1 ` � � Y •� '� � s Y � eta. � � t - !. r ?rr t R 1 ➢Ir � rY. r .y �.. �,tiF l ;�: :, " 3•exJ [( � f �1,1 Y 3 L �� 2`. t M Sf�r _ �•a fi� _ � { y� r q t F vy� Io .i MAY, ° a#,�4P "� 1 d.j + {i° i41 x w�.r iy i' i. �i'_�'-s rr r!r -j 1r1�,f it Y�' w z t 1 dy -s�Etl -. +����. ♦ :F v�, � .; �..� 3 -� > r ''� � �,3� h ~ : r fh CtMimi'4 N. "M y4��y k t i ! t¢ w •x S"� .ter X14 rtr i 3,F �r.���' y w•+�, :.r�'" ',� —4 Y b4F,.��tr,�����Erd Iaaaljyf�'�1Ei:flt4 rta�>r .w.?�►.�a►I.i'. sa ': ' I k ��� "J�� l� • _�Ar� y� x �° �,_ �qw �' "a y t iii" !F l 3 C�i Ylv � � "r � ^ rr ti�..r,���•�F.:�i��i�,h�a � �„p �- 4x€_a y,_ l � eJ ry, ,��S �� i v ►,��t a �,rY �,� 't c r3 Sr �A i-7 t�jtr i ,+ WN x MAI'IN WUWe 11�pz•{ r,- y. �7 r d4 hsl. f:. L } xE '�ikir i 2 Y�R� l �`. krr•+�' '�, !��1�`�. �� �+ 'i'�k�i�,a ��G�����s�h�'i15 f,� _ � 1 K n' Ii� � Itrr I� j Vii', } 1Ea4J� J i CCF. y, At eyr Sa4 1"k 6 r 7 ..,, `•S., ��`�s-=�� • - ski �, rY aid 1�'� � A r �fe No 'x r'.; r is• s y }` r� yk y+`� "'.•- ;," _ ^ka "' Ld�;r`ib i'.•,'r�' rC tib '�"1LkvS �k'$�,E -E.* o- '�� Irl tC� 1ti E PFIYkS.i^'6 4^'i R't+�VAr qt, LP ti*i;t\�A�M�.� ��'I •,a *�? , r'` �i ° a rir'i r,trr �� f+E_ rr� e � �/((\►i)�*�v v =Fa ��it"' �r'���s � rY: � { ti !'i � •� ti c s .i. c> �1 4�V� �r " r:rw '- .!a r - ��; X � � >•i-..�, s, (i''s� { , 1 - s ��".hs� r��h�,� �*�� ���A'� �` v��a�' i � s S � � s i i:.r�'� s•{sxsk� � S�� . BOOK1,401 , $ 1 5 ✓,�,,.-�.`, INS! �' r � c'� '�� y y. �+� 1p3, F F�y/� 1 3-0 r • °r *t' { r Zs�,, SIT s X21 t 9C��r jkt e.�n !I�!.A! 44k ���- . LIg, , � r� ar Oji Irt� r��^ y '�.� 1 ' �_ ��.�h�� >,'•••J r' � 1 �$ + i' M1^9.1 � ��-- 1 %� Y 1 L'..11 A 97h 711 �!. JA Try �n -Up" -�.�. 5� t y r, ••°, e , r w. ,Y m.z I jilt, iii. ��``t�'..d `,e�..tiR'Ml•Y �,;• N�w`'w�.ly. _..+.. r � 3' ':Y �� ,, �,�#1�A'� Harris Animal Hospital 6805 Peters Creek Road Roanoke, Virginia 24019 ae r 4 JI �•.. tiv� w j! r .ISI f 3^ £ S 1 ! k # E e w!� f North Roanoke Veterinary Hospital 5200 Peters Creek Road Roanoke, Virginia 24019 rr-h R '� t�� l llwy . Il.. a !" V j 1 . S 's rl�jj C, j t �A ! r f _ – di� J � r a�•'11 � err �,,+�Yr �-''f lj _. `,�s�s'ri nk �9W4 ZY aiS' 5s `til 4 ""C rj�.E`���� P 1 " y l TQ - MIN W` YR h {"8yt �iti�'1t �„ ` !'� t .i r � -, i t•(° ,� �,�'!, tri �53i1r rf>�-[y sY � i�J Sw 4�YCF -i kl i b ,;y tq � -� � +y��,•a �a�r..fC- �.�T � ',:�� � �= t i .-�ro-r� ���yS ! � r 5 ;`y, i r�{�. Jti,' �'-. sr fir, •. `ter xi.�.� i ! � Y�'JYr���+�..� � +E1• S 4 _ r �'w l,- [ 5f.Cl"fit�, ` °y�'r � .� �y ar t ?;R', t • t --.r _ ;� "1 s gFi♦i�lin� tlsti ' Sitti. r, r / �l - Iclwel � x � t r'iarar �-•e Fs `� ��� r5`F t,, y$ � � f; t f , s �' rt � ,k y. ,+FRCS' � a�'t <t•��p eP.- �• °f a� I � I ' _c!� *, •{ `' +i�'r��A'<zy ikr-�i�ie � . ! �C Cft-1�) s � � � 1,5 Y• ! Tai 4. �� �>,`s"�` k's t itr f w�*.\ R � _ ^• 6 sF4l}3'� � ��I+ y �fi�� �y a��� \' a .-Y'ttw ���'{.� �j. • p'y, 4 rzdt,a J yz!�t ',�� WN Oak i s '73 ,� '•• _,CL r�.. ieFi rPa Ct- i1L'Jr F: lr4 ; r w ';y ,),`_ ON \ M�� $� e7 w� ~ E y 22[ � • . � \ � \. � ' < ti ON \ Parkway Veterinary Hospital 2445 E. Washington Avenue Suite 106 Vinton, Virginia 24179 3 Away Vqe "pa � s Pinar TA x A. i "At- r, t {��4r is la Wfk tw NN x ¢ 111251111--_. . =x i ,Y �.1 �L � � .,� �,s� r"� �Y. a � Thr �'� '' •4s ,� j� � q - k{ -bks 4'� .� " 4 •- k" , k�r v �•'° q f`Y ia' A ip •-r F'6� L j t �..Ms 3"Mr!°T S - �v coo -till, a 4 , . } V -i "i S Si7d t 1 r}XTO r r q p ba, r�'T aft e r Q00 R �'' ¢:. .�r x � x,,� i r i K G �' .i �,. Y k" � k ? i4 rri �,rf t^ •? �`� �;� y, Pet Vet Roanoke 2133 Electric Road Roanoke, Virginia 24018 I j. 1. . it I i 4 I _Mc4F 4! '4 %E a r, Salem Animal Hospital 3153 W Main Street Salem, Virginia 24153 P � ; i Veterinarians to Cats 2750 Electric Road Roanoke, Virginia 24018 J f If f� )war # f � i e4 l 4. .a NO M� t I. ho J . .......... 7k "-psid , -J4 - j4 . .......... Vinton Veterinary Hospital 1309 East Washington Avenue Vinton, Virgini*a'24179 r' s SLY 'W 36, ♦f fr S YI 3 t` � �'. ``i � i old +f 91 i11' + , r+�i Y t !T aj3 ( rNY� 1 .v !� 's r•1ti� I f T x,�"-" 3 I f fit• ti � ! r r s K" F � rla �rll�, � _ e•. a w ,�t t f;�-,� �v �. A4.1 IIFNJ P If1"j- i saJ1 1 2s MYE�f ! I��h AIM� JFI �rr�)Pi�� "<Yi-Ili Mot• ItiI ;1'I'd+ I� -....w iil 4; Oil iljll}I} '� Y` dl1 } 1.,1 + y � : i•� v ti r1 ' � �I 1 •; r ;� �r tl 1 t a v i - I', 7 a r - 41"t�t✓ I �s v � � F6 J � -e • r ��� i * ill i-Y� ti 'V 1 f`+ ? r I 1 F >.'. may, a - f91Ii 11 d I, 7 5r -4t Ir p�y .• <15I1 II � L' % 1 •{ 'YP ti_ r1171� 3 � 1'-' S On f Mr � s�}a I ; �� i 1 1 y' � � t �. [ r -� 11 t4q y• � � F.y4 �� `G `� 1r t �,YrS v ads s 1� �f l i�, s f ' s�'��[�i � �'f m t>• ?e. r 'IM VA •:tel � � . �r � ti . EXHIBIT U MIV1O LT VIRGINIA DEPARTMENT OF HEALTH, -PROFESSIONS David -F. Brown, D.C., Director Leslie L. Knachel, MPH Board Of V-Oprbwy Medlelue 9960 Mayland Dritpe, S'rrtre 300 Execarlive Dhvdor Mia lco, Y,4 23233.1463 (804) 367-4497 wwmRip. Wrgttiia.govAlet 'Veterinary Establi$h-i tenf Resirleted wlf life Rei4ahi�IWO, Center Southwest Virg lnfa Wildlife Center 5985 Co1cwri Rd Veteduariah-in-Charge Roanoke VA 24018 DUNE H. IJ ORA2;10 0301002892. Expires Number 12131/2018 9340005422 For Information About TW -License, visit our website: ta?ww.dhp.virgiuia.gov To bile a Complaint About a Licensee, Call: 1_800-5533.1560 REGISTERED ANIMAL FACILITY SCOPE OF PRACTICE RESTM TED Southwest Vireiz�ia Wildlife Cuter . Name of Facility ❑ No suxwr y F BOARD OF VRTERJNARY MEDICM be3�ariment of Health Professions Perimeter Center 9960 tvt YNN briye, Suite 3004 UOnricc, VA 23233-1463 UNWED SER'4>ICES QNL3� ❑ FARM AMULATORY 0 HQ' USE CALL 0 4UTRATIENT Z WILDLIFE L] NO HOSPITALIZATION$pAltDi[Y DATE OF LSSIM.' 07/06/2015 CUt4IPLA MM AlaiMVMI ALTH CARE PRAC'1 WNER& 1-800-533-1560 -•- MiisiBe ponied Conspicuously --- %Llountp of lkoanohe a DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR, ARNOLD GDV8y DEPT& DIRECTOR OF DEVEL�Opm dT SERVICES, TAREK MONEIR DEPUTY DIRECTOR n1= PLANNING, PHILIP THOMPSON March 30, 2018 Mr. Stanley A. Seymour, III 5942 Coleman Road Roanoke,' Virginia 24018 RE; Written Zonirig Determination for 5985 Coleman Road Tax Map Number, 096,0$-02-03.00-0000 AR Agricuiltural/kResidontial District 5985 COLEMAN ROAD LLC Southwest Virginia Wildlife Center Dear Mr, Seymour: EXHIBIT BUILDING PERMITS/ INSPECTIONS DEVELOPMENT REVIEW ENGINEERING ENVIRONMENTAL MANAGEMENT PLANNING & ZONING TRANSPORTATION X have received your letter with additional information thatmas delxvexed to the Roanoke County Administration Center on February 27, 2018, Since the request pertains. to u propertynnt under your ownership or: Wnitrol i will also provide a copy of my written determination to the owners of 5985 Coleman Road (the'Tr-operV). Your letter includes. a request for aozying determinations related to the use of the property: The first category of your letter was "Noncorl(irming Use" I understand -your question to be whether the present use of the property (as a veterinary hospital/ clinic) is a nonconforming use. It is xny opinion that the present i)se is conforming. )h 2014, the zoning administrator approved the use as a ve#e irtary hospitall olinic,. The construction of the proposed raptor building and partially cctnstrueteci building pri,the Property will require a Special Use. Peril it; due to a lack of public road frowatge. The Special `Use Porinit is a public hearing process through the planning Commission and Board of Supervisor's. The second category of your letter was "Zoning". I understand your question presented in this section to be whether the present use is properly alagdfW'as a veterinary hospital/ clinic. You specifically question whether the fact that animals stay at the facility overnight prevents the use £rorn being thus classified. It is my opinion that the use is properly classified as a veterinary hospital/ clinic use and that animals who remain at the -facility overnigiit.(whother indoors or outdoors) are not hoarding. Altlrough.the term "boarding" is not defined in.the County Code, I understand the term.to refer. to P.O. BOX 2.98.00 - ROANOKE, VIRGJNIA24018 - PHONE (840)172-2080 � FAX (540) 77627155 4�4 r situations in which owner's of domestic animals drop their animals off at the facility for a set amount of time in exchange for a fee. In the situation at hand, the animals who stay at the facility are not domestic animals and do not stay at the facility for a set amount of time, in exchange for payment. All animals who stay overnight of the facility are receiving veterinary care. There are no boarding activities conducted at the facility that are incidental to the medical treatment of wild animals. This conclusion is supported by the finding made by the Commonwealth of Virginia Department of Health Professions, Board of Veterinary Medicine. The license approved for the propertyis a Veterinary Establishment_, Wildlife Rehabilitation Center and has a specific restriction stating "No Boarding," The last category listed in your letteris " Sdtbacks". x understand that your question pertaining to setbacks is regarding the location of the front property line.. After conducting extensive research originating with information on tho County GIS and then reviewing plat and dead information, it 15 my determination. that the front property line for tho Property is the common property line (309,93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-04.00-0000, addressed as 5960 Coleman Road. This determination is different than what I advised you in our original discussion about this issue. Flcese be aware that this written determination is issued by the Roanoke County Zoning A.dtainistrator. Any person aggrieved by a written determination of the. Zoning Administrator may appeal the decision to the.Board of Zoning Appeals. Appeals must be made within thirty (30) days of the umtry of the written determination whicb is the date of feceipt of this letter.. Also please note: that this written detemination of the Roanoke County Zoning A.dtnii&trator shall be final and unappealable if not appoaled by deadline noted in this letter {Sec 15.2-2311 Code of Va}. It, is the appltcant's responsibility to submit a complete administrative appeal application within the required de.adlino in order for the appeal -request to become valid. In addition, there is a $275 adxrdtdstratfve appeal application fee and required legal advettiaement fees shall be the responsibility of the appellant. I will include an Admiuistrative Appeal Application for your reference. Sincerely,. John F. Murphy, CZA; Zoning Administrator Attaclunont, Administrative Appeal Application CC., 5985 COLEMAN ROAD LLC 5W Coleman, Road. Roanoke, Virginia 24018 P.O. BOX 29800 - ROANOKE, VIRGINIA 24018 � PHONE (540) 772-2080 1 FAX:(540) 7767155 Donald E. Showalter WHARTON ALDHIZER & WEAVERPLC Glenn M. Hodge ATToRNEYs A'I' LAW Gregory T. 5t. Ours Charles F. Hilton Dauiel L. Fitch 100 SOUTH MASON STREET Thomas E. Ullrich P,O, BOX 20028 Stephan W. Milo HARRISONBURG, VIRGINIA 22801-7528 Humes J. Franklin, III WWWMAWLAW•COM Jeffrey R. Adams TELEPHONE HARRISONBURG (540) 434-0316 STAUNTON (540) 885-0199 FAX (540) 434-5502 WRITE R's DIRECT DIAL: (540) 43 8-53 34 WRITER'S E-MAIL: GSTOURS[a7WAWLAW.COM August 29, 2018 By Email and Federal Express Brian Hughes, Code Enforcement Officer Roanoke County Planning and Zoning 5204 Bernard Dr. Second Floor Roanoke, VA 24018 Lauren R. Darden Derek J. Brostek P. Marshall Yoder Ginger T. Chapman dames L. Johnson Ashley H. Waterbury Alexandra E. Humphreys Lucas I. Pangle Briana A. Stevens Reply to the Harrisonburg office RE: Special Use Permit Application PZ -1800595 Southwest Virginia Wildlife Center of Roanoke, Inc. (SVWC) Tax Parcel 096.08-02-03.00-000, at 5985 Coleman Rd., Roanoke, VA 24018 Owned by 5985 Coleman Rd, LLC Dear Mr, Hughes: On behalf of Stan and Jane Seymour (the "Seymours"), we oppose Special Use Permit Application PZ -1800595 (the "SUP Application") to erect a raptor building (the "proposed raptor building") on the property located at 5985 Coleman Rd., Roanoke, VA 24018 (the "SVWC Property"),' and we respectfully submit that the SUP Application is not ripe, and therefore is not eligible, for review by the Planning Commission and the Board of Supervisors. A special use permit is a creature of statute, and an administrative decision pertaining to a special use permit must be grounded within the statutory framework governing it.2 When the requirements of Chapter 30 of the Roanoke County Code (the "Zoning Ordinance") are met, then and only then will the SUP Application be ripe for further scrutiny and review by the Planning Commission and the Board of Supervisors. The SVWC Property, however, is not in conformance and compliance with the Zoning Ordinance and, as such, the SUP Application is not ripe for review as a special use permit. A. Applicable sections related to zoning compliance. I See Ex. 1 of the Exhibit Book submitted with this letter (the "Exhibit Book") 2 Foster v. Geller, 449 S.E.2d 802, 806, 248 Va. 563, 569 (1994). Brian Hughes, Code Enforcement Officer August 29, 2018, Page 2 of 10 The sections of the Zoning Ordinance that control are: 1) §30-10 Zoning Compliance. (A) A certificate of zoning compliance shall be required for any of the following: 1. Occupancy or use of a building hereafter erected, enlarged or structurally altered. 2. Change in the use or occupancy of an existing building. 4. Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure. (B) No such occupancy, use, or change in use shall take place until a certificate of zoning compliance has been issued by the county. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the county shall issue the certificate of zoning compliance for any building, structure or lot; provided that the county finds such building, structure or lot is in conformity with all applicable provisions of this ordinance, and all other applicable county laws. (C) The county shall issue or deny any application for a certificate of zoning compliance within seven (7) days of an application being filed. If denied, the county shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued." 2) §30-28 [Definition of Certificate of Zoning Compliance]. Certifcate of Toning compliance: For the purposes of this ordinance, official certification that premises conform to all applicable provisions of the zoning ordinance and may be lawfully used or occupied. 3) §30-19-1 Special Use Permits. The administrator shall not accept a special use permit application for a lot or parcel that does not comply with the minimum requirements contained in article IV, use and design standards, for that use, In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the special use permit application for the consideration of the commission and board. 4) §30-23-2 Nonconforming Uses of Buildings, Structures or Lands. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 3 of 10 (B) No nonconforming use shall be enlarged, intensified or increased... (D) No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land. (E) Where nonconforming use status applies to a building or structure, removal of the building or structure shall eliminate the nonconforming status of the building or structure or land. 5) § 30-23-5 Nonconforming Lots of Record. (A)A lot of record that is nonconforming due to lack of adequate frontage, width, depth, or area may be developed, provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations. (B) Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 30-19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings. G) §30-24-1(B) Variances. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance. B. Specific zoning infractions. Zoning infractions place the SVWC Property out of conformance and compliance with the Zoning Ordinance. These infractions include the following. 1) Accessory structures now situated on the SVWC Property are in violation of setback requirements, and as such are not in conformance and compliance with the Zoning Ordinance. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 4 of 10 §30-34-3(B) of the Zoning Ordinance mandates that accessory structures must be behind the front building line (§30-34-3(B)(1)(b)), but if the principal structure is more than 150 feet from the street, then accessory structures may be 150 feet from the street (§30-34-3(B)(5)).3 Determining the "street" is central to the 150.00' setback requirement under §30-34- 3(B)(5), and Mr. Murphy determined in his March 30, 2018 letter that the "street" (or in his words, "the front property line") is the 310.00 feet property line between the SVWC Property and the parcel owned by the Seymours, identified by Tax Map Number 096.08-02-04.00-0000.' Applying Mr. Murphy's determination to the SVWC Property, the 150,00' setback requirement is delineated by the bold dotted line on the left side of SVWC's Special Use Permit Conceptual Plan in Exhibit 5 of the Exhibit Book, and the existing principal structure (#5985 — 1 Story Brick Building) is more than 150 feet from the "street". As such, §30-34-3(B)(5) applies, and we see from Exhibit 5 that the Mammal Cages and the Flight Pens violate, and therefore do not conform with, the 150.00' setback requirement. Further, Mr, Murphy determined in his May 17, 2018 letters that the Mammal Cages, the Flight Pensg, a partially constructed building', and other accessory structures 10 were either improperly granted zoning permits or not granted a § 30-34-3 Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. a See Ex. 2 of the Exhibit Book. See also Ex. 3 of the Exhibit Book which set forth Mr. and Mrs. Seymour's immediate requests for clarification and led to Mr. Murphy's May 17 letter. "... it is my determination that the front property line of the [SVWC] Property is the common property line (309.93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-04.00-0000, addressed as 5960 Coleman Road." s "... it is my determination that the front property line of the [SVWC] Property is the common property line (309.93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096,08-02-04.00-0000, addressed as 5960 Coleman Road." 6 See Ex. 4 of the Exhibit Book. Also, whether proper setback is to be oriented either from the "street", or the "front property line", the accessory structures and proposed raptor cage are still in violation. 7 See Ex. 6 of the Exhibit Book. 8 See Ex. 7 & 8 of the Exhibit Book. 9 See Ex. 9 of the Exhibit Book. 10 See Ex. 10 of the Exhibit Book. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 5 of 10 permit at all. As such, these structures violate, and therefore do not conform with, the Zoning Ordinance. 2) The SVWC Property is improperly classified as a veterinary clinic/hospital. As required by §30-23-2(B), a nonconforming use cannot be enlarged, increased, or intensified. Per §30-28, "nonconformity" is defined as "a use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations..." Any use originally approved but which has expanded or increased beyond its original classification without proper authorization is a nonconformity. Moreover, §30-23-5(A) also requires that a lot that is nonconforming due to lack of adequate frontage can only be developed in accordance with the standards contained in the district regulations pertaining to that lot's specific use -type. Any use more intense than those uses allowed in the regulations does not conform and is out of compliance with the Zoning Ordinance. Pursuant to § 30-29-5, an establishment with a use -type of "veterinary hospital/clinic" is an establishment which renders surgical and medical treatment of animals. §30-29-5 Commercial use -types. "Veterinary hospitallclinic: Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel." According to Mr. Murphy's May 17 letter and SVWC's own literature, proper classification of the principal use of this property is not just "for veterinary care" but also "for rehabilitation of wildlife."" 1 Rehabilitation of wildlife is not a principal use classified under establishments designated as "veterinary hospitalslclinics". In fact, special federal permits are required for the rehabilitation activities performed by SVWC further to the point that SVWC's rehab services are beyond state -licensed veterinary care services, 12 Moreover, wildlife rehabilitation in outdoor cages is unique to the SVWC Property in Roanoke County. The fact that outdoor, long-term lodging of animals is not in keeping with Roanoke County's "veterinary hospital/clinic" use -type classification is supported b� the fact that no other veterinary clinics/hospitals in Roanoke County have outdoor cages. t Further, the Zoning Ordinance provides that in order to satisfy use -type classification as a "veterinary hospital/clinic", "boarding" of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Because boarding is not defined in the statute, the plain 11 See Ex. 11 of the Fxhibit Book. 'Z See Ex. 12 of the Exhibit Book. 13 See Ex. 13-20 of the Exhibit Book: Photos of veterinary clinics/bospitals in Roanoke County with no outdoor cages. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 6 of 10 meaning should apply. 14 As defined in Black's Law Dictionary, boarding is "daily meals, and sometimes lodging, afforded to guests." The outdoor and long term rehabilitation of wildlife (which necessarily requires the long term feeding and lodging of animals) is not contemplated either in the Zoning Ordinance or under SVWC's approval as a veterinary hospital/clinic. Such activity is only allowed with proper authorization as a commercial kennel, which SVWC is without. Further, according to Mr. Murphy's May 17 letter, this use is not incidental to SVWC's veterinary care. Accordingly, the above described uses conducted by SVWC on the SVWC Property are nonconformities and are not in compliance with the Zoning Ordinance. 3) The SVWC Property lacks any road frontage and is therefore not in conformance or compliance with Roanoke County Code §30-34-3(A) (the "frontage requirement"). §30-34-3(A) provides that, in order to be developed, a property must have at least 90' to 100' feet of public road frontage. The SVWC has no public road frontage. Per §30-10, §30-23- 2, and §30-23-5, properties without such public road frontage may not be developed, and the uses and structures thereon may not be enlarged, increased, or intensified. That said, as a very narrow exception to the general rule of §30-23-2(B) that nonconforming properties may not be developed, §30-23-5(B) provides that properties without road frontage may be developed if they otherwise comply with the Zoning Ordinances and are eligible for a special use permit under §30-19. For more on this, see the following section. C. Methods of curing conformance and compliance issues. 1) Application for a special use permit is not a device by which an applicant may cure all zoning infractions. The exception provided in §30-23-5(B) (allowing development of nonconforming properties by way of special use permit) is only available when the sole nonconformity of a property is lack of road frontage. There is no other section of the Zoning Ordinance that allows other nonconformities to be cured by special use permit. As such, a special use permit cannot be used to cure nonconforming uses such as the Mammal Cages, Flight Pens, partially constructed building, and other accessory structures noted above and photographed in Exhibits 6, 7, 8, 9 and 10. Because other nonconformities exist, the §30-23-5(B) remedy for road frontage nonconformance is inapplicable to the SVWC Property. Accordingly, the general rule of §30- 23-2(B) that no nonconformance may be enlarged, increased, or intensified controls. 14 Sansom v. Board of Sup'rs of Madison County, 514 S.E.2d 345, 349, 257 Va. 589, 594-95 (Va,,1999) ("When ... a statute contains no express definition of a term, the general rule of statutory construction is to infer the legislature's intent from the plain meaning of the language used." Hubbard v. Henrico Ltd. Partnership, 255 Va. 335, 340, 497 S.E.2d 335, 338 (1998) (citing City of Virginia Beach v. Flippen, 251 Va. 358, 362, 467 S.E.2d 471, 473-74 (1996); Marsh v. City of Richmond, 234 Va. 4, 11, 360 S.E.2d 163, 167 (1987)). An undefined term must be "given its ordinary meaning, given the context in which it is used." Dept of Taxation v. Orange—Madison Coop, Farm Ser v., 220 Va. 655, 658, 261 S.E.2d 532, 533-34 (1980). Brian Hughes, Code Enforcement Officer August 29, 2018, Page 7 of 10 In an attempt to use the special use permit process to "cure" the nonconforming Mammal Cages, Flight Pens, partially constructed building, and other accessory structures, Sabrina Garvin submitted a writing five days ago on August 22, 2018 which states: "Southwest Virginia Wildlife Center of Roanoke Incorporated intends the applied for Special Use Permit for 5985 Coleman Road to apply to the proposed raptor buildings as well as all existing buildings on the property."' For the reasons stated above, however, there is no section of the Zoning Ordinance that allows an applicant to use the special use permit procedure to cure nonconforming structures. Indeed, the only section of the Zoning Ordinance that applies to curing of nonconforming structures is §30-23-2(E). Under §30-23-2(E), only the removal of nonconforming structures "eliminates the nonconforming status of the property." 2) Transferring the status of a "principal structure" from the existing principal building to a proposed building to circumvent § 34-34-3(B) is neither contemplated nor allowed under the Zoning Ordinance nor supported by the facts, and cannot cure the existing fact that the Mammal Cages and the Flight Pens violate the front yard setback requirements. Mr. Murphy acknowledges the central role of the § 30-34-3(B) front yard setback requirements in this matter, and he recites verbatim the language of § 30-34-3(B)(5): "Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street..." To circumvent § 30-34-3(B)(5), Mr. Murphy then states in his May 17 letter: "[ilf the proposed raptor building is approved and constructed as proposed, it will be considered the new principal structure, .. Accordingly, the minimum front yard setback for the proposed raptor building would be 30 feet. .."16 's See Ex. 21 of the Exhibit Book. 16 Definitions under §30-28, as well as §30-34.5, are consistent with the fact that a principal structure on a property is the principal structure on a property. §30-28: Principal building or structure: A building or structure in which the primary use of the lot on which the building is located is conducted. §30-28: Principal use: The main use of land or structures as distinguished from a secondary or accessory use. §30-28: Accessory building or structure: A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. (Emphasis added.) §30-28: Building line: The line, parallel to the street right-of-way, that passes through the point of the principal building nearest the street right-of-way, or in the Brian Hughes, Code Enforcement Officer August 29, 2018, Page 8 of 10 Mr. Murphy's statements are neither contemplated nor allowed under the Zoning Ordinance. As stated above, the Zoning Ordinance requires uses and structures on the Property to be in conformance prior to development (i.e., §§ 30-23-2, 30-23-5, 30-80, and 30-10). In other words, a Certificate of Zoning Compliance must be obtained before SVWC's pending application is considered, and the required Certificate of Zoning Compliance cannot be issued until the SVWC Property is in compliance with all applicable ordinances. Because the Mammal Cages, the Flight Pens, a partially constructed building, and other accessory structures currently violate the setback, the structures are nonconformities that exist prior to the SUP Application. As such, SVWC cannot, at present, comply with the requirements of §30-10 requiring the issuance of a Certificate of Zoning Compliance prior to change in lawful use and occupation. Mr. Murphy provides two reasons for the change in principal structure from the existing principal building to the proposed raptor building: "...because the Property's principal use (veterinary care and rehabilitation of wildlife) will be conducted within [the raptor building] and because it will be larger than the existing principal structure". Neither of Mr. Murphy's reasons are supported by the facts, including: + First, the proposed raptor building will not be larger than the existing principal building, 17 ■ Second, the primary use of the Property (veterinary care) will not be conducted in the raptor building, but will continue to be conducted in the existing principal building. ■ Third, the Zoning Ordinance provides no mechanism for upgrading the proposed raptor building to be the principal building and thereby downgrading the existing principal building in the absence of a request and supporting reasons to do so by SVWC in PZ -1800595 and in the absence of any record that SVWC downgraded or otherwise changed the existing principal building, • Fourth, because Mr. Murphy erred in determining that the raptor building will be the principal building on the Property, he also erred in his assessment of the proper setbacks for both the raptor building and the Mammal Cages and the Flight Pens. case of the rear building line, furthest from the street right-of-way. (Emphasis added.) §30-28: Garage, private: A building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles. (Emphasis added.) §30-34,5: Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (Emphasis added.) 17 See Ex. 5 of the Exhibit Book. The 2520 square footage noted on Ex. 5 for the 1 story brick building (i.e. the existing principal building) is only the square footage of the footprint of the building and does not include the basement. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 9 of 10 Mr. Murphy goes on to state in his May 17 letter: "If the Special Use Permit is approved and the raptor building is constructed where proposed, the setback distances for the accessory structures [the Mammal Cages and the Flight Pens] will then be located behind the rear building line of the raptor building..." Again, the Zoning Ordinance requires uses and structures on the Property to be in conformance prior to development, a Certificate of Zoning Compliance must be obtained before SVWC's pending application is considered, and the required Certificate of Zoning Compliance cannot be issued until the SVWC Property is in compliance with all applicable ordinances. Further, Mr. Murphy's statement attempts to absolve the setback violations by the Mammal Cages and the Flight Pens by way of future construction of the proposed raptor cage without regard for the fact that if SVWC's pending application is approved, it would result in issuance of the Special Use Permit while the Mammal Cages and the Flight Pens are still in violation of the setback requirement, an untenable situation. 3) In summary, additional steps must be taken before the SUP Application can be recommended. A special use permit applied for under §30-23-5(b) cannot turn a substandard or nonconforming use or structure into a compliant one, nor can simply granting a special use permit allow an applicant to circumvent otherwise valid and enforceable zoning guidelines applicable to its property. Rather, certain sections of the Zoning Ordinance contain requirements to development and provide remedies for nonconformance of structures, uses, or a design of lot. These sections are as follows: (a) §30-23-2(E), in which the applicant may remove any and all nonconforming structures in order to be in compliance with the Zoning Ordinance. (b) §30-24-1, in which the applicant who is not in strict compliance with the Zoning Ordinance, may pursue, pursuant to §30-24-1, a variance request. (c) §3a-10, in which an applicant desiring to develop its property or increase its use of the property must first be found to be in conformance with all aspects of the Zoning Ordinance. (d) §30-29-5, in which an applicant may conform and comply with the standards of `veterinary hospitallclir&" and commercial kennel as provided for therein. (e) §30-23-5(A), in which a proposed development meet "use and design standards contained in district regulations." For further discussion on each of the above topics, please see the appeals filed by Mr. and Mrs. Seymour and co -appellants Adrian Maver and Blaine Creasy taking issue with certain determinations made by Mr. Murphy in his March 30 and May 17 letters (the "Appeals")18. 18 See Ex. 22 & 23 of the Exhibit Book. Brian Hughes, Code Enforcement Officer August 29, 2018, Page 10 of 10 As noted above, and in the Appeals, the authority through which SVWC claims it is seeking a special use permit is §30-23-5(B). However, §30-23-5(B) only applies if the only nonconformance is lack of road frontage. That said, application for a variance to the Board of Zoning Appeals by and through §30-24-1 specifically contemplates properties which do not conform and comply with the Zoning Ordinance, and as such is the procedure applicable to this scenario. As made clear by the above -referenced ordinances, until such time the rest of the SVWC Property, including the structures and uses thereon, is brought into conformance and compliance in accordance with the Zoning Ordinance, the development proposed in the SUP Application cannot be pursued by special use permit. D. Requested Action, The nonconformities status of the SVWC Property will only be relieved when each of the nonconforming issues mentioned above are remedied pursuant to specific provisions of the Zoning Ordinance. SV WC's ability to use the special use permit process is only applicable in the limited situation in which lack of road frontage exists and each of the property, the structures, and the uses thereon are in conformance with the Zoning Ordinance. If any nonconformity exists, then SVWC cannot avail itself of a special use permit to relieve its nonconforming status. For the foregoing reasons, the Seymours request that the Planning Commission recommend denial of the SUP Application to the Board of Supervisors. Sincerely yours, J, Grego . St. Ours GTSIJLJI Enclosures (Exhibits 1-23 of the Exhibit Book) cc: Paul Mahoney, Chairman, Planning Commission (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) Rick James, Vice Chairman, Planning Commission (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) Jim Woltz, Member, Planning Commission (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) Wayne Bower, Member, Planning Commission (wlencl,) (via email direct and via FedEx c/o Mr. Hughes) Troy Henderson, Member, Planning Commission (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) Peter Lubeck, Esquire (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) John Murphy, Zoning Administrator (w/encl.) (via email direct and via FedEx c/o Mr. Hughes) 18011500 County of Roanoke ilk- 11,0�) ��t�1r- For Staff Use total Community Developaneut Date received: Received by: Planning & Zonine 43 —,7; ^ Applrcalrore fee: r- j L , PU3ZA daic- � 5204 Bernard Drive P O Box 29800 Placards issued: 3 a date: Roanoke, VA 24018 _ t- r XF� (540) 772-2068 FAX(540)776-7155 LCeilumber ey AL L APPLIG-11AT,S Check type of.a,lrpfic:ation filed (check all that apply) ❑ Rezoning iSpecial Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Pian (15.2-M2) Review 0 j 1 Phone; Applican4ts dd 7 NvI � �i �V.,l `r�Gl C l3 CO I1 than 1C1=.� Cell #: E t r Ll< Fax No.: _ Owner's name/address wlzipy Phone #: • 2 S -13 S J col &)16-01 , ix Work: Fv i _ ! Q e ma n 1 Fax No. #: "S �j () • 7 C ).'V °rniJA — Property Loc t' / �, Ild + Magisterial District: 1– l �' 1 1� u 4 } Community Planning area: i ? Tax slap j „ �'� [.(/ - 0�� Existing Zoning: Size of parcels): Acres: �Li l ,l �y � �� Existing Land Use: REZONING, SPECL4L USE PEIU-UT, WAIVER AND. C 0 M PLM N (15.7-1,731)REVLEW APP)..ICA NTS (R/S/W/CP) Proposed Zoning: 15A--jN'_ — (100 O W -4 4 Proposed Land Ilse: •5 . -ice ll Does the parcel meet the minimum lot area, width, and ft-ontage requirements of the requested district? 0-DoeYes ❑ No ❑ IF NO, A VARIANCE IS REQUIRED FLRST. 30- s the parcel meet the minimum criteria for the requested Use Type? Yes ❑ 140 U Does IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ VARLCYCE, WAIVER AND ADMINISTRATI VF APPEAL APPLICANTS (V/VIAA) VariancefWaiver of Section(s) of the Roanoke County Zoning Ordinance Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance 9 Appeal of Interpretation of Zoning Map to _ �- Is the application complete? Please check if enclosed. APPLICATION WILL NOT RF At-, F' ITEMS ARE MISSING OR INCOMPLETE. R/SMCP WAA [OSMCP VIAA Consultation 8 112" x 11" concept plan Application _ hletes and bounds descri; Justification Water and sewer applie t I hereby certify that 1 am either the owner of the property or the owner's au ri consent f the owner. _ a VCP VIAA Application tee Proffers, if applicable Adjoining property owners and am acting with the knowledge and Owner's Signature EXHIBIT 2 CONCEPT PIAN CEtECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept pian may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15,2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. ne County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALT. APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax Wrap numbers of adjoining properties e. Physical features such as ground cover, natural watercourscs, floodplain, etc. f. The zoning and land use of all adjacent properties — g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces .4di tionul information required for kEZONLVG and SPECIAL USE PERMIT APPLIChVTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals in. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be pklased, please show phase schedule I certify that allitems equixd ' i lie checklist above are complete. __ __ ` I Signature of app l i Datc R Community Development Planning & Zoning Division POTENTIAL OF NEED FDR TRAFFIC ANALYSIS AND/DR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. if your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a trafc study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -Family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) ■ Regional public Facilities Educational/Recreational Facilities • Religious assemblies Hotel/Motel Golf course a Hospital/Nursing home/Clinic • Industrial site/Factory, • Day care center • Bank • Non-specific use requests Road Network Situations: ■ Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g,, Rte 11, 24, 115, 117, 450, 11/460, 220, 221, 419, etc) For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly c When required to evaluate access issues ■ Development with ingress/egress on roads planned or scheduled for expansion, widening, Improvements, etc. (Le. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development In an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan G Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effeciive date: April 1-% 2DOS 7 AryQk t Community Development Planning & Zoning Division a NOTICE TO APPLICANT'S FOR REZONING, SUBDIVISION WAVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNLNG COM l IS51()N Ai,PLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Comrnissioners present at the scheduled public nearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition, This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL Qi -WED FOR ANALYSES AND/OR TItAT=FIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list ofpotential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. if a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. 41% �e i Na Eflecdve date. April 19, 2005 0 pwo lq The property located at 5985 Coleman Road is currently zoned AR and falls under Article III -District Regulations, Section 30-3-2. AR Agricultural/Residential District Permitted Uses. (A) Commercial Uses - Veterinary Hospital/Clinic. The Building located at 5985 is currently used as a Wildlife Veterinary Clinic. The nonconforming development on the 2,85 acres Falls within the applicable use and design under the District regulations Section 30-23-5-- Nonconforming Lots of Record. Expansion is allowed providing the county reviews and grants a special use permit set forth in the standards and procedures contained in Section 30-19 of this ordinance. The impact on the property at 5985 Coleman Road is minimal. The proposed primary Raptor building will be situated beyond the set back line stated in 30-34-3 Site Development Regulations. The building will also be located over 31 feet behind the building line. The selected location will be 31 feet from the side yard meeting the regulation. The height is 20 feet which is less than the maximum of 45 feet in height per the regulations. The total building coverage, including accessory structures, is approximately 6.5% which remain well below the maximum allowable (25%) by zoning code for this district. Additionally, the total proposed lot coverage is approximately 14.8% which also remain well below the maximum allowable (50%) by zoning code forthis district. Thee totals are based off the total surveyed lot acreage of 2.854 acres (124,327s.f.). The impact to allow the wildlife center's expansion of a primary building is minimal. As stated in the above paragraph the building meets all requirements, and is smaller than the allowed size. The building is a state of the art design, becoming an asset to the Roanoke County and the community. The request for a building is necessary to lessen the time needed to rehabilitate raptors, and the time each hawk or owl spends at the veterinary center, It allows for multiple species to receive necessary flight time at the same time, building pectoral muscles and stamina for release and returning vital wildlife much quicker to their original habitat and allowing the species to continue to flourish. Impacting the private well on the property wi11 increase only slightly, raptors are not large consumers of water, typically they only bathe, and the wildlife is already in our care at the center. A fence was added on one side of the driveway nearest the closest adjoining neighbor after we opened to lessen the view. These neighbors actually expressed how disheartened they were when the fence was placed between our properties; they actually expressed a desire to watch our rehab efforts, especially after the numerous improvements made to the site and building. Roanoke County Animal Control, Conservation Officers and the Police department will still be able to use our facility as they do now, for dropping off injured or orphaned wildtife in need of our services. The wildlife center greatly benefits the environment: County, Parks, and Greenway with our release of species in decline. The center's rehab of endangered, threatened and migratory species has a profound effect on our environment and well- being. Southwest Virginia Wildlife Center of Roanoke is an asset that few localities have. The publics need for wildlife care has been met and daily, their gratification is expressed for our volunteer work and hours provided free for the community. The center provides invaluable education programs to the area elementary and middles schools, churches and civic groups and is in constant and growing demand, teaching the youth about their environment and wildlife and coexisting. When an injured or orphaned wild animal is admitted the patient is placed in an appropriate sixed containment. Depend on the needs the animal may be placed in ICU for intensive treatment and possible surgery, x-rays. The animal is moved to the appropriate room to be housed with similar species. Once the animal is at the proper stage (age) or eating on its own, it is then placed outside in appropriate sized building for that species to flourish, while gaining strength for release. This stage is necessary for the animal's viability in nature. Once the patient is deemed releasable by the staff veterinarian or the Category Ill, they are taken back to the location of rescue or a suitable habitat for release; returning needed and declining species that help decrease our foot print on our environment and the cycle of life. Different sized buildings are required for different species. We do not place a Suteo (one species of hawk) in a 14' X 10' cage; it requires an area larger than its wing span to strength pectoral muscles required for capturing small mammals and rodents. We following building requirements set forth by the VDGiF and USFWS. The Special Use is in accordance with the current and approved use of the property at 5985 Coleman Road. Requesting a special use permit for a primary building to house raptors will allow the center to properly exercise native species and return them to their proper habitat in a timely manner. The building Is less than what the Special Use Permit allows. The building will be built by a Class A contractor. This property was vacant and in need of many repairs when purchased in 2013. The center continually maintains the grounds and building, In 2017 the center was awarded Federal Money from an environmental lawsuit against a local company, The United States Attorney then selected our center as beneficiary, due to our work with raptors. Precedent was set in State of Virginia when the center was awarded the Federal funds for Capital improvements to the veterinary clinic. The government felt the money for the damages inflicted in our area, should stay here. The addition of a raptor building is in the best interest of the community, assuring the County of Roanoke is investing in the diverse and threatened wildlife needed to sustain a healthy environment in Roanoke County. The wildlife veterinary center is vital to the County of Roanoke community, providing necessary help and solutions to wildlife conflict. The building will not be detrimental to the surrounding community. The property at 5985 Coleman Road has been in use as a Wildlife Veterinary Center since 2014, serving the community, receiving wildlife from the public of Roanoke County, Animal Control to Conservation Officers in need of our services. The building will be high quality, enhancing the wooded and natural look of the property currently Zoned AR. Height of 20 feet is less than the allowed 45 feet per the regulations and less than a two story home. The center at 5985 Coleman Road is located at the end of Coleman Road. The addition of a building of this quality will not affect any adjoining properties. The center's acreage is surrounded on three sides by properties zoned AR with outdoor building on each. One side is a residential area and a privacy fence was placed between these properties. Supporting the request, Southwest Virginia Wildlife Center of Roanoke went to extra steps to acquire plans for a quality and ecstatically pleasing building. The cost to build this building exceeds $82,000.00, and the center has made applications for grants and private funding to complete this state of the art building. $55,000.00 has been granted to begin the building and the public is already sending in donations ear marked for this project. Plans were selected with care to make this a professional and quality project that will not affect any surrounding areas. Adjacent properties have outdoor buildings and sheds that do not reflect the high standard or appearance of this building. 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P4A&KQP[0VL MMKIE.FDRD 1 cure ' ATTMKn AT LAW HGANORL U .. • ti' . ul.ltiai : a.u.wr r . tirw!.: da:}'. .r � " °G F r• • - r Vi - C xl[I5 iiEiD, .aa1a� ti■ tha 5tk d�y of aKg+rst, 1058, by 4 d hotweex, Valtor; J. ,K&rrtix, unn4 rgod,' party if the first i+ part; and Albort Akira Martin and Zlisaboth Faller, Urtin,. F I husband - and wife.-. as tonanta by the entirety with the right . .� of sur-r_i'veaship, partioe R -of :the. escond part,- , ` M I T 10 E S 9'E T'R•- TiiAT FOR AND 1N:001& D'Z&ATj0* of'lle au* of TEN DOLLARS ($10.00) cash and othor good' abd valuable •aoiisideratifn paid by the parties of the second part unto the party of the firat part, the receipt whereof is hereby adkupw1odged, Walter J. Martin, uasarried,.putt' of th& first part doth hereby bar 'iso jell, grant and- convoy with 'aeranants of General Warranty of Tula unto Albert Akers Maz;tin and F Elizabeth )ftller Martin, hissbah,d-.-asci • wife, a's ta"nta by the'.' entirety with tiio rishtr- of -'sp wivarship, as ate -common 1$wt an as provide&. for under the lamb and statmtos -of .Virginia, parties of :tba aooand part, all of that: certain lot or • I pareol of ]aad =:located_ in-the.•Couaty of Roanokay Virginia, i and more- partiavlarlj� described `as follons; to -wit: 1 SkaINKIN0 4t an old iron pipe at Corner leo. 1 by a chestnut sussp st the seuthwoot corner of wrifht property; 'throes. with. the northwest lime of Thomua Beasleyproperty S. 516 =15 * X4 261.8 feet to an. iron pn c*rlhet L set bftweea popfar stumps 3 feet ` apart at Corner No. 21 thonce continuing piton the i north line of the ThowAs 8easloy property N. 750- 451 5'.45' V., 300.0 foot to an Iran piss at Cornet No. 3; thence with two Aew division livres and with the eaeterly j terminus of a 30 --feet, vidtk read right-ef-way to ba' 1 hsreiaaf or mentioned X. lir' 15' Z., passing the north- east oornor of said road right-of-way at 30 feet in ally a total .di.staraa■ ''of _ 310.0 feat to iron pin at Corner Oa. 4; thence S..:75' 45', Sy, 32++.7 feet to an iron pin at the .soathwes6t line ef.Wright property at Corner go. -5; thence .with the 'ease 9. '37' 30' E. 212,4..toot to the lLAdZ OF BZGD1N1*G cantaining A.$5:•' acres'; 1jand ' I 3XING a soatbeast portJOUL of paroperty an undlvi+dgd interest iso whish was as"*yW to Walter J. `I(artin by 'Albert Akers Martin •6y deed dated November 24, .• :.` M2, • of regard is :the Glek-k+is Office of toot t Cire�sit Clmrrt et Noastska Ceamtr; Virginia, in Abed •Nook;Nl,e 3'96. Totothov witk . the'. i psi *i►al right of OW646 1 °�f .. •. � • f 4 � ti 1«y �Y +,�ri,,�r.! ��; ' F_:1 ' Ca r.. `. ps�7 c� ✓�{. � ' ••. 6� ` �' z!'. Pyo'• � ,i y` �[� '` , � t, ti'c,!i �1 r � �f , L a , 'y .w •• �Sy �, .44; _ N 5ti: '"'!'Z�x}� 1""i3�1ir 't •l t r. otatil{3r,1 �s': i}'j�M TI ued` 'hsi • The.A--A t►im -tirstt p daAnr}urawtts tit 'ice r .seieir`d` ' r J in fee di pis pf tke Maid-tlat 11e ikpo t:1be riylat. is a ooray : the : t_s 'tAo . purr i'e of "Op sM'as" part; that a# lint 44x0 ne act~ io • enor tha As'did 1asyd; that the partlei of Oka syeshd part sltxl411 %AYo gmi:et and• peaesablo prssessi of tho` ease, tree trost� all.onevihranaes, and that he will' expoute &Uch other and fri&thor -assurances of title as may , be requisite. ,• tII?gE89 the fall signature and sial'this the day and year first, hereloebore written% ' r t Halter' . tin ( At,) to -Wits F ROAX013 j 'l t Ir ,• a Notary Public '-in ;.I. r and for t;e' a Ro oke, -State of Yirgitala, dei hereby w�aweovr asrtify•-that Matter J: •ilartla, unmarried, whose name is OMM&Faeo a MAN �aiAr A signed to. the foregoing Mritims baring date the 5th day of August,,: 1958, has perspsally iippearbd before we and raoknow— - X. dgid the sue. in a lard State &C4iresaid. °QiYgll nn�ler Ry hind this the �� day m , f { I 4WY 41 a ' •xOdff�. „ gOMMi.esion erpireat plat, �` Yn thvClark'd blfiee of tha C-itrtniAt Cour few t?te" euet4of WX Roanoke" ba. ,-thimj& qday Ofr_ -� ,.„._ -�� -- pnented, and with -the 00-ji€iaa cf ao pp r,e"�17oNaedptiicnE CC 'tbaxata annexed, ucisfjittcd to rreaard ■tn aieck�_ y[. _ Transfer O d t, R++"inC e9'tlx8tl therdto'dity ooncettod United Ztatty Total $ ( 15 ❑ Irternat Ravenna Btargasy�tria, �s eat f !J ,° • s s F tr.,� M, I March 8, 2018 To Whom It May Concern: The Southwest Virginia Wildlife Center provides veterinary care and rehabilitation for injured, orphaned, and sick native wildlife As the veterinarian of record for the facility, it is my responsibility to see that we provide the best medical care possible within the constraints of our resources. That includes from the time an animal is admitted to our facility until it is released back to the wild, transferred to another permitted facility, or humanely euthanized. In captivity, wild animals not only have to endure the extent of their injuries, but also the stress of being vulnerable to predators (the humans who are trying to help them). Birds have a high rate of metabolism compared to mammals. They lose muscle tone and stamina rapidly as a result of being in captivity. Song birds must be able to evade predators and the predators such as raptors (birds of prey) have to be able to catch prey to survive. As a result, the flight conditioning to increase strength and stamina is an essential part of the medical treatment that we need to provide. Southwest Virginia Wildlife Center needs a large raptor flight building to give our patients the best chance possible at returning to the wild by providing the necessary flight conditions to strengthen muscle tone and improve stamina. It would also provide a large enough space to determine if the raptors can hunt. We only release birds who can sustain appropriate flight for their species and who can feed themselves successfully. Sincerely, Diane H. D'Orazlo, DVM Southwest Virginia Wildlife Center 5985 Coleman Rd. Roanoke, Va. 24018 Work: 540-798-3836 Cell: 540-797-9886 COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH PROFESSIONS David E. Brown, D. C., Director Leslie L. Knachel, MPI Board of Veterinary Medicine 9960 Mayland Drnve, Snfre 300 Executive Director. Hu:r•rco, V.4 23233-1463 (804) 367-4497 H,wwdhp.virginta.goi,1ver Veterinary Establishment - Restricted Wildlife Reltabil,ition Center Southwest Virginia Wildlife Center 5985 Colernan Rd Roanoke VA 24018 Veterinarian -in -C hns•ge DIANE H. D'O[tAZIO 0301002892 Number 12/31/2018 _ _ D340 05422 For Information About This License, visit our website: www.dbp.virginia.gov To File u Complaint About a Licensee, Call' 1-500-533-1560 ❑ NO SURGERY BOARD OF VETERNARY MEDICINE Department oFHealth Prn&asions Perimeter Center 9960 Mayland DriM Suite 3000 Henrico, VA 23233-1463 REGISTERED ANIMAL FACILITY SCOPE OF PRACTICE RESTRICTED Southwest Viinia Wildlife Center Name of Facility LIMITED SERVICES ONLY ❑ FARM A MULATORY ❑ HOUSE CALL ❑ OUTPATIENT 0 WILDLIFE ❑ NO HOSPITALIZATION --- Must Be Posted Couspieuausly ® NO BOARDING DATE OF ISSUE: 07106/2015 COA?PLAENTS AGrAii sr HEALTH CARE PRACTITIONERS: 1400-533-1 sG0 a a� a E °rS � � o za d ij3 Z D W LL 4L�- w v� Q ;> A ZwA I. o� v U 00 U v q 14 W ., 5985 Coleman Rd January 8, 2018 1:3,013 0 0.025 0.05 0.1 ml 0 0.04 0.08 0.16 km Fbenoke Canty 3/8/2016 Who lives at 6517 Brookhaven Ct, Roanoke VA I Homemetry View Neighbors Single Family Residontial 4. beds 2 baths Lot: 0.3:3 acres Built in 2000 Exterior walls: Cornbination Loi size: 0.33 acres Basement: Irnproved Basernent (f=inished) 13edroorns: 4 Foundation: T=ooting Bathroorns: 2 htips;tlhomemetry.comlhouse/6517+BROOKHAVEN+CT,+Roanoke+VA 115 31812018 Go gle Who Yves at 8517 Brookhaven Ct. Roanoke VA I Homemetry xL�Gy + J !I �r�rf{f View Neighbors Single Family Residential 4 beds 2 baths Lot: 0.33 acres Built in 2000 Exterior walls: Combination Lot size. 0.33 acres Basement: Improved Basement (Finished) + Bedl csom,;: 4 Foui I{l, ttit�n: Footing Bathrooms: 2 https:ttbomemetrycomlhousel8517+BROOKHAVrnN+CT,+Roanoke+VA Southwest Vityinla Wildlife Center of— 20 m x Map i IRepon a Map erro[ 115 Concept Plan A.) Sabrina Garvin, Executive Director Southwest Virginia Wildlife Center of Roanoke B.) March 2, 2018, C.) 2.85 acres or 124,145 square feet D.) 5985 Coleman Road, Roanoke, VA 24018 Owners: 5985 Coleman Road, LLC Tax Map # 095.08-02-03.00-ODOO Adjoining properties: 5423 Crystal Creek Road, James Holladay Tax Map # 096-08-02-01.00-0000 Zoned AR 5423 and 5485 Crystal Creek Road, Nick Beasley Tax Map # 096.02-01.05-0000 Zoned AR 6517 Brookhaven Court, Brian and Jocassa Loop Tax Map # 096,08-04-16.00-0000, Zoned PRD 6513 Brookhaven Court, Richard Lovegreen Tax Map # 096-08-04-1700-0000 Zoned PRD 6521 Brookhaven Court, Jim and Kim Bradshaw Tax Map# 096.08-04-05.00-0000 Zoned PRD 6523 Brookhaven Court, Big Lick Ventures, Charles and Sara Crocket Tax Map # 096.08-04-14.00-0000 Zoned PRD 5960 Coleman Road, Mr. & Mrs. Stan Seymour ({purchased 2018) Tax Map # 096.08-02-02.00-0000 Zoned AR � % )I � _ . f� « r a f 0 } { {\ ) O - � C \ ƒ \) \ \ Co =f $ E e C) LO p # w 2 2 2 k\00\ 0)\ 2� x k \ Lr)< 0 3 w z 0 p< r t !a - • c '�. t C �y � � � •� I..L E C- MO w C ;L ti a 7 C N o N 'a c-4 ryy �,=' N A @ 'r' � ❑ � cA 0. a � Z O 0�0 Q� _ '" d N❑ MLO vCL {x,/ V d 2, N W J N .. a ani 'x 'x 2 ❑ � � J �, x L,{j Q 0 W W d \'A "kCountp of TkOZ1110he h >� DEPARTMENT OF COMMUNITY DEVELOPMENT INSPEIONS DIRECTOR, ARNOLD COVEY BUILDING VIL DIEVELO MIENT REVIEW DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, TAREK MONEIR ENGINEERING DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON ENVIRONMENTAL MANAGEMENT PLANNING & ZONING TRANSPORTATION March 30, 20I8 Mr. Stanley A. Seymour, III 5942 Coleman Road Roanoke, Virginia 24018 RE: Written Zoning Determination for 5985 Coleman Road Tax Map Number: 096.08-02-03.00-0000 AR Agricultural/Residential District 5985 COLEMAN ROAI] LLC Southwest Virginia Wildlife Center Dear Mr. Seymour: I have received your letter with additional information that was delivered to the Roanoke County Administration Center on February 27, 2018. Since the request pertains to a property riot under your ownership or control I will also provide a copy of my written determination to the owners of 5985 Coleman Road (the "Property"). Your letter includes a request ror zoning detenninations related to the use of the Property. The first category of your Ietter was "Nonconforming Use." I understand your question to be whether the present use of'the properly (as a. veterinary hospital/ clinic) is a Nonconforming use. It is my opinion that the present use is conforming. In 2014, the zoning administrator approved the use as a veterinary hospital/ clinic. The construction of the; proposed raptor building and partially constructed building on the Property will require a Special Use Permit, due to a lack of public road frontage. The Special Use Permit is a public hearing process through the Planning Commission and Hoard of Supervisors. The second category of your letter was "Zoning". I understand your question presented in this section to he whether the present use is properly classified as a veterinary hospital/ clinic. You specifically question whether the fact that animals stay at the facility overnight prevents the use from being thus classified. It is my opinion that the use is properly classified as a veterinary hospital/ clinic use and that animals who remain at the facility overnight (whether indoors or outdoors) are not boarding. Although the term "boarding" is not defined in the County Code, I understand the tern to refer to P.0, BOX 29800 • ROANOKE, VIRGINIA 24018 • PHONE (540) 772-2080 - FAX (540) 776-7155 EXHIBIT I 2 is situations in which owners of domestic animals drop their animals off at the facility for a set amount of time in exchange for a fee. In the situation at hand, the animals who stay at the facility are not domestic animals and do not stay at the facility for a set amount of time in exchange for payment. All animals who stay overnight at the facility are receiving veterinary care. There are no boarding activities conducted at the facility that are incidental to the medical treatment of wild animals. This conclusion is supported by the finding made by the Commonwealth of Virginia Department of Health Professions, Board of Veterinary Medicine. The license approved for the Property is a Veterinary .Establishment, Wildlife Rehabilitation Center and has a specific restriction stating "No Boarding." The last category listed in your letter is "Setbacks". I understand that your question pertaining to setbacks is regarding the location of the front property line. After conducting extensive research originating with information on the County GIS and then reviewing plat and deed information, it is my determination that the front property line for the Property is the common property line (309.93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-04.00-0000, addressed as 5960 Coleman Road. This determination is different than what I advised you in our original discussion about this issue. Please be aware that this written determination is issued by the Roanoke County Zoning Administrator. Any person aggrieved by a written determination of the Zoning Administrator may appeal the decision to the Board of Zoning Appeals. Appeals must be made within thirty (30) days of the entry of the written determination which is the date of receipt of this letter. Also please note that this written determination of the Roanoke County Zoning Administrator shall be final and unappealable if not appealed by the deadline noted in this letter (Sec 15.2.2311 Code of Va]. It is the applicant's responsibility to submit a complete administrative appeal application within the required deadline in order for the appeal request to become valid. In addition, there is a $275 administrative appeal application fee and required legal advertisement fees shall be the responsibility of the appellant. I will include an Administrative Appeal Application for your reference. Sincerely, John F. Murphy, CZA Zoning Administrator Attachment: Administrative Appeal Application CC; 5985 COLEMAN ROAD LLC 5985 Coleman, Road Roanoke, Virginia 24018 P.O. BOX 29800 - ROANOKE, VIRGINIA 24018 - PHONE (540) 772-2084 - FAX (540) 776-7255 Page 1 of 10 Heather VanLear - Re: [EXTERNAL] - Re: 5985 Coleman Road FOIA email 3 of 8 EL -1700242 From: James Johnson To: Peter Lubeck Date: 3/30t2018 3.40 PM Subject: Re: [EXTERNAL] - Re: 5985 Coleman Road FOIA email 3 of 8 EL -1700242 Cc: Greg St. Ours; Heather VanLear; John Murphy; Stan Seymour Mr. Lubeck: We would like to thank the Zoning Administrator (Mr. Murphy) for his letter referenced below in response to Mr. Seymour's questions pertaining to Southwest Virginia Wildlife Center's (the "Clinic") development of its real estate (thc "Property"). We currently have three points from the letter for which we seek clarification: 1) The letter states that with regard to ascertaining proper setback restrictions, the "front property line for the Property is the common property line (309.93' in length) between the [Clinic's] Property and the adjacent parcel... addressed as 5960 Coleman Road." We ask that the Zoning Administrator please clarify the minimum setback requirement for the Property's front line regarding each of the following structures: (a) the proposed raptor building (for which Mr. Murphy determined a special use permit must be approved), (b) the partially constructed building (for which Mr. Murphy determined a special use permit must also be approved); and/or (c) other cages located on the Property within the setbacks (for which it appears no special permit was approved). At minimum, please provide the governing code section. 2) As mentioned in #I (a) and (b) above, Mr. Murphy's letter states that due to the lack of proper road frontage, the proposed raptor building and the partially constructed building must be approved via a "Special Use Permit". Please provide the code section or other authority on which Mr. Murphy bases this determination. As mentioned in his February 27, 2018 letter to Mr. Murphy, Mr. Seymour does not understand why the proper procedure for such a project would not be "Variance", rather than "Special Use Permit", in light of the fact that such a request appears to require a modification of the road frontage ordinance. 3) As mentioned in # 1(c) above, and as per my letter to you of last week, my client believes there appears to be currently several animal cages already constructed on the premises without permits. We ask that the Zoning Administrator please clarify whether such structures should have required the same approval procedure under the authority on which you base your determination (i.e. the answer to #2 above.) We appreciate the time and consideration Mr. Murphy, you, and staff have given these requests. My client reserves all rights regarding this matter, including appealing the determinations made in your letter dated March 30, 2018 and any clarification thereof. Regards, Jim Johnson EXHOT file:///C:/Users/havanlear/AppData/Local/Temp/XPGrpWise/5ABE5A51 WAWDOMWA... 8/2912018 A A Countp of Roanoke COMMUNITY DEVELOPMENT r 5204 Bernard Drive, 5econd Flop(, P.O. Box 29800 Rodhoka Vlrgfhla 24.01.5-0778 Amold COVVY, DIRECTOR 7EL: (340) 7724080 WILDING PERMITS 1 INSPf CTION� FAX: (549) 776-7155 DEVELOfM&TSERVICES Torek M.oneir, ENGINEERING DERUTY DIRECTOR OF DEVELOPMENTSERVICES PLANNING & 2ONING Phlllp Thompson, STORMWATER MANAGEMENT DEPUTY DIRECTOR OF PLAN}J1NG TRANSPORTATION May 17, 241 a Mr. Stonley A. Seymour, ui 5942 Coleman Road Roanoke, Virginia 24018 RE: Second Written Zoning Determination for 5985 Coleman Road Tax Mare Number: 095.08-02-03,00-0000 AR AgdculturaliResidential District 5985 COLEMAN ROAD LLC Southwest Virginia Wildlife Center "Thu Property, Dear Mr. Seymour: In response to my first zoning determination -writtep to you (on Marek 30, 2.01 a) relating to the above noted Property, I received your request, dated March 30, 2018 (your "second request"), made through your attorney; Mr. Johnson, requesting additional zoning opinions related to the Property. Since the rcquost is for a property not under your ownership or control I will also provide a copy of my written detmnination to the owners of the Property. Setbacks You requested information on several items regarding setbacks. Section 30-34-3(S) of the Roanoke Co -Linty Code sets forth the applicable minimum setback requirements (for AR Agricultural/ Residential Districts). The required setback for the proposed raptor building: If the raptor building is approved and constructed as proposed, it will be considered the principal structure (because the Property's principal use (veterinary care and rehabilitation of wildlife) will be conducted within it and b.ebause it wilt be larger in size than the existing principal stivcture). Accordingly, the minimum front yard setback for the proposed raptor building wolild be 30 feet; the side yard setback, would be 15 feet and the roar yard setback would ba 25 feet. E XHIBIT 4- The setback for the partially constructed building: Where the principal structure is more than 150 feet from the street, accessary buildings may be located 150 feet from the street and 20 feet from any side property fine. The other cages on the property will fall within the same setback category as the other accessory structures as the "partially constructed building." If a Special Use Permit is approved and the raptor building is constructed where proposed, the setback distances for the accessory structures will t1?en be located behind the rear building line of the raptor building and the accessory structures will need to meet a minimum, 10 feet side setback. The agreed for a special use permit The requirement far a special use permit for the proposed raptor building anti the partially constructed lnailtiing is based on Zoning Ordinance Sectioa 30-23-5(B), Nmiconforming Lots of R,ewrd, (B) - Arty lot of record that is nonrconforminag becausa it has no public street frontage may be developed, or an existing striwture on the lot may be expanded, provided the county reviews and grunts ra special use per prit for the proposed development, expansion, and use in accord with the standards and procedures contained in Section 30-19 of this ordinance, Thus ,provision shall not apply to the use and development ofsuch parcels for any agricultural and forestry use type, or far singlefamily or two. family dwellings. (Emphasis added). A variance is not required In your request for a determination; you also shared your opinion that because the proposed projects appear to require "a modification of the road fimntaage ordinance," you believe that the County Code requires that the Applicants obtain a variance, rather than a special use permit. Section 30-19-1 of the County Code, General Standards, states: The administrator shall not accept a special use permit application fot- a dot or parcel that does comply with the minimum requirements contained in Article IV,, use and design standards, for that use. In saach .Yine aliom, the applicant vhall first seely ra vaariance from the board ofsoning appeals. Ufa variance is granted, the administrator shatl thereafter accept the special acre permit application for the consideration of the commission and boarcl. Article IV of the Zoning Ordinance outlines additional, modified or more stringent standards for uses that have an asterisk (*) beside the permitted uses list. 7n Section 30-34.2 of the County Code (which sets forth permitted uses in the AR Agricultural/Residential District), the Veterinary Hospital/Clinic use does not have an asterisk;, it does r>tat have any ase And design standards-, Site development regltlations, which are set forth in Section 30-34-3 of th, e- County Code (including frontage requirements), are not use and design standards; the variance requirement applicable to use and ,design standards does not apply. As noted above, Section 30- 23-5(B) states that nonconforming bats (including those that lack public street frontage) may be- developed edeveloped of apanded, "provided the county reviews and grants a special use permit for the Prosed development, expansion , -.11 ." Further, Sectiou 30-14(C) .of the County Code (Amendments to Ordinance.) states. The administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width orfrontage requirements of the requested zoning C-OMMI iJITY DEVELOPMENT 5204 Bernord Drive; Second Floor, P.O. Box 29804 Roanoke, Vlfginl0 24078.0798 TEL: 4540] 772-2080 FAX: (546) 776-715.5 district: In such situations, the a plica t shall first seely a tJariano f m the br�arri of zoning appeals, If a variance is graWed, the adminisirator shall thereafler accept the anaendwent application for the consideration o, f the commission and board. (Emphasis added). This section refers to situation iti which an applicant is requesting a rezoning from one zoning district to another. An application for a special use permit far a nonconforming lot of record (pursuant to Section 3O} 23=5) is the pending request. Based on the above; it is my -determination that a variance was not required prior to the acceptance of this special use perrn t application. The other cages also require a special use permit The Property does have multiple animal enclosure structures that were constructed, but were not large enough to require building permits. A zoning permit was initially issued for these strictures. However, after further review of the information originally submitted for the zoning permit, I determined that the zoning permit for the accessory structures was issued in en•or and those structures will also require a special use permit. Please be aware that this written determination is issued by the Roanoke County Zoning Administrator. Any person aggrieved by a written determination of the .Zoning Administrator may appeal the decision to the Board of Zoning Appeals, Appeals must -be made within thirty (30) days of the entry of the written 4etennination which is the date of receipt of this letter. Also please note that this written determination of the Roanoke County Zoning Administrator shall be final and unappealable if not appealed by the deadline noted in this letter {Sec 15.2-2311 Code of Val, It is the applicant's responsibility to submit a complete administrative appeal application within the required deadline in order for the appeal request to become valid. In addition, there is a $275 administrative appeal application fee and required legal advertisement fees shall be the responsibilityoftho appellant: I will include an Administrative Appeal Application for your reference. Sincerdly; John F. Murphy, CZA Zoning Administrator Attaclunent: Administrative Appeal Application CC:.5985 COLEMAN ROAD LLC 5985 Coleman, Road Roanoke, Virginia 24018 COMMUNITY DE-VELOPMFNT 5204. Bernard give. 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I,t rr_ 11 •�' f 1 7.��'flr y +•'� + ' 1'}.` rL1'�;. r 1 1 t i 41� tt� I �• r '+ r 1 4111,F]jL s 4, +irS''+ •, , 'rr •,r',} '�. F I� %'"r !� ' � .Fr`i 517T I. F„ � � r, f! .5 - •. ,- a..,��rii '.p kL Ono 11141 Op About j Southwest Virginia Wildlife Center of Roanoke Southwest Virginia Wildlife Center of Roanoke Page 1 of 4 r Donate (/Iv ake-A-Donatior ABOUT About Southwest Virginia Wildlife Center of Roanoke Southwest Virginia WiLdlife Center of Roanoke is a state and federally licensed rehabilitation facility that offers quality care and veterinary treatment to the animals of the greater Roanoke Valley and surrounding areas. Operating since 20oo, directors Sabrina and lucky Garvin, members of the National Wildlife Rehabilitators Association and the International Wildlife Rehabilitation Council, have over ig years experience. As such, they are well qualified to provide care tailored to the needs of a variety of species. They are assisted by a staff of volunteers, interns, and veterinarian, Dr. Diane D'Orazio, This facility specializes in native Virginia wildlife. with a strong emphasis on birds, which constitutes the majority of the ,boo* cases admitted each year, Intakes include raptors (ovals, kestrels, hawks, etc), Waterfowl (including herons, geese, ducks, and shorebirds), and migratory birds such as Chimney Swifts, Ruby - throated Hummingbirds, and more! Southwest Virginia WiLdlife Center of Roanoke utilizes the "soft release" technique, in Which animals gradually acclimate to foraging methods before final release into the wild. In some cases, certain species are transferred to areas with a thriving population of that species with adequate resources. In others, animals take up residence in the wooded acres behind the facility. Southwest Virginia Wildlife Center of Roanoke has a 5o1(c)3 status. All donations are tax-deductible. Mission; Conserving Virginia's wildlife through rehabilitation and release while teaching care and respect of native species. Address: SgB, Coleman Road Roanoke VA 24018 For directions click here. (https://swvawiLdlifecenter.org/directions/) EXHIBIT a a https:llswvawi1dIifecenter. orglaboutl WHAT YOU SHOULD KNOW ABOUT A FEDERAL MIGRATORY BIRD REHABILITATION PERMIT A Federal Migratory Bird Rehabilitation permit will authorize you to take, transport and temporarily possess sick, inj ured, and orphaned migratory birds for rehabilitation purposes. You should review Title 50 parts 10, 13 & 21,31 of the Code of Federal Regulations (CFR). These regulations can be found on our website at; httl2://www.fws.p,ov/permits/iti•/Itr.litint, You are responsible for reviewing and understanding these regulations before you request and accept a permit. Below is a review of several sections pertinent to a Federal Migratory Bird Rehabilitation permit. 1. What are the age and experience requirements necessary to qualify for a rehabilitation permit? You must be at least 18 years of age with a minimum of 100 hours of hands-on experience, gained over the course of at least 1 whole year, rehabilitating the types of migratory birds you intend to rehabilitate (e.g., waterbirds, songbirds, raptors). Up to 20 hours of the 100 -hour time requirement may be fulfilled by participation in migratory bird rehabilitation seminars and courses. 2. What are the caging requirements? Facilities must be adequate for each species you plan to rehabilitate. You will be required to submit photographs and diagrams of your enclosures with your application. Criteria used for evaluating and/or inspecting your facilities will be based on the National Wildlife Rehabilitators Association (NWRA) and International Wildlife Rehabilitation Council's (1WRC) Minimum Standards for Rehabilitation. You may obtain a copy of this publication by calling NWRA at 320-259-1086 or IWRC at 510-383-9090. You can also visit their web sites at: www.nwrawildlife.orQ or httr]://theiwrc.or,P. 3. May 1 share rehabilitation Facilities with someone else? No. We will issue only one permit per address. The permitted individual, or principal officer for permits issued to a business, is legally responsible for the facilities, all the birds at the facility, the activities, the subpermittees listed on the permit and any approved offsite locations, and any staff assisting with the permitted activities. 4. Do I need to report suspected criminal activity involving a migratory bird that 1 receive for rehabilitation? Yes. You must notify your local Fish and Wildlife Service Law Enforcement Office if you receive a live or dead migratory bird whose injuries appear to be caused by poisoning, gunshot, electrocution or other criminal activity, Contact information for your local Service Law Enforcement Office can be obtained on the internet at littp:/1www.fws.pov/le/ContactsSites/le chart.htm or by calling your Migratory Bird Permit Office. S. How long can [keep a bird in captivity jar rehabilitation? You must release all releasable recuperated birds to the wild as soon as seasonal conditions allow. Birds may not be held for more than 180 days unless approved by the Regional Migratory Bird Permit Office. 6. When must I euthanize a bird? You must euthanize any bird that has sustained injuries requiring amputation of a leg, a foot, or a wing at the elbow (humero -ulnar joint) or above, and/or is completely blind. You must not sustain the life of any migratory bird that cannot after medical management feed itself, perch upright, or ambulate without i IBIT inflicting additional injuries to itself. You must obtain permission before euthanizing any bald or golden eagle or threatened or endangered species unless Service personnel are not available and humane considerations warrant prompt euthanasia. 7. Can I accept migratory birds that are injured in the process of being removed from inside buildings? Yes. The public does not require a Federal permit to humanely remove a trapped migratory bird from the interior of a residence or a commercial or government building if the bird poses a health threat, is attacking people, threatens commercial interests such as damage to merchandise, or may injure itself. The property owner must transfer any bird that is injured or orphaned during the removal to a federally permitted rehabilitator. if an active nest with eggs or nestlings is present, the property owner must seek the assistance of a federally permitted rehabilitator in removing the eggs or nestlings and caring for them. A request for a contribution to help cover the cost of care incurred by you is encouraged. (See 50 CFR 21.12(d)) 8. Can I display birds that are being rehabilitated to the public? The Migratory Bird Rehabilitation permit does not authorize the use of injured/recovering birds for educational purposes. Birds must not be displayed to the public unless you use video equipment or barriers that prevent birds from both hearing and seeing the public. If at any time a device that allows the public to view birds causes stress or harm, or impedes the rehabilitation of any bird, it must be discontinued immediately. 9. Can I keep a migratory bird to use for educational purposes? This permit does not authorize you to possess birds for educational purposes. You must release all recuperated birds to suitable habitat following the recovery of the bird as soon as seasonable conditions allow. However, any bird that, after rehabilitation, cannot be released to the wild may be transferred to a Migratory Bird Special Purpose Possession permit if the bird is suitable for use in educational programs, or may be transferred to another type of permit as deemed appropriate, upon authorization of your permit issuing office. 10. Can I keep imprinted birds for educational purposes? No. Under no circumstances will anyone be permitted to keep a bird that .has been imprinted while under their care. Orphaned migratory birds should be raised in a manner in which they are imprinted upon their own species. Every precaution must be taken to avoid imprinting birds to humans. Except as required to feed, water, and exercise animals, indoor and outdoor facilities, cages, pens, enclosures or other areas must be sufficiently separate and protected from pets and from human living or work space to prevent human contact with animals. You will be required to transfer any birds that are imprinted to humans while in your care or a subpermittee's care as directed by your Regional Migratory Bird Permit Office. 11. Can I transfer birds to other permit Folders? Yes. Dead and nonreleasable live birds that are suitable for use in educational programs or research projects can be placed with a qualified educational or scientific institution as defined in 50 CFR 10.12. Releasable raptors maybe transferred to permitted falconers (50 CFR 21.31(e)(4)(i)). Live birds may not be transferred to another permittee without permission from your Regional Migratory Bird Permit Office. Both the transferring and the receiving permittees (except falconers) must complete a form 3-202-12 (Migratory Bird and Eagle Acquisition and Transfer form) and submit it to their issuing U.S. Fish and Wildlife Service Migratory Bird Permit Office. The form can be found on our website at: ltttp://www.fws.g_ov/forms/3-202- I2.pd Falconry permittees must submit a completed 3-186A form. Dead bald eagles and golden eagles, including feathers, must be sent to the National Eagle and Wildlife Property Repository at: RMA, Building 128, 6550 Gateway Rd., Commerce City, CO 80022-1798. 2 12. Will anyone inspect my records or birds in my care? By accepting a Federal Rehabilitation permit, you authorize an agent of the Service to enter your premises at any reasonable hour to inspect the wildlife in your care, your books and records. (See 50 CFR 13.47) 13. What procedures are required to transfer my permit to anew locution? Any address change or other circumstances that affect your permit must be reported to your Regional Migratory Laird Permit Office in writing within 10 days so your permit can be amended. (See 50 CFR 13.23) In addition, you must provide pictures and diagrams (including a description of materials used) of your cages if your physical address has changed. 14. Do I need a State permit to rehabilitate migratory birds? Your permit is not valid unless you are also in compliance with State requirements, which may be more restrictive. This means that if your State requires you to have a permit to possess migratory birds for rehabilitation purposes, you must hold a valid State permit in order for your Federal permit to be valid. It is your responsibility to make sure you comply with State permit requirements. 15. Will I be required to keep records of my activities? Yes. You must maintain accurate records of operations on a calendar -year basis, Your records should reflect each bird that you possessed and its disposition, including whether the birds were released, euthanized, died, are still undergoing rehabilitation in your care, or were transferred (including the name of the person(s) or institution to whom birds were transferred). 16. Will I be required to submit an annual report of activities? Yes. You will receive an annual report form from your Regional Migratory Bird Permit Office. The report form can also be found on our website at littp:llwww.fws.gov/forms/3-202-4.pdf This report must be completed and submitted to your issuing office by January 31 of each year. 17. How do I renew my permit? A renewal letter or form and annual report form will be sent to you at least 60 days prior to the expiration of your permit. If you wish to renew your permit, you must return the completed renewal to your Regional Migratory gird Permit Office at least 30 days prior to the expiration of your permit and include a copy of your current State license, if one is required. If we receive your renewal request at least 30 days prior to the expiration of your permit, your permit will remain valid beyond the expiration date for the activity authorized on your permit until a decision on your renewal is made. If we receive your renewal request fewer than 30 days prior to expiration of your permit and we are unable to process your request before the expiration date, your permit will expire and you will no longer be covered for your activity. If you allow your permit to expire before requesting renewal, you may be required to submit a new application, (See 50 CFR 13.22 and 13.1 l(c)) (3-200-10b) 11/13/2013 3 Avian &Exotic Pet Clinic of Roanoke Tanglewood West Building 3959 Electric Road Suite 155 Roanoke, Virginia 24018 EXHIBIT Big Lick Veterinary Services 7777 Bent Mountain Road Roanoke, Virginia 24018 EXHIINT V, :.+ 1! A � YS W >:'�+� ,e J,,`�''•, � ��.., iii , a[ •' - � ' +• �`��•� * �"L } SH3 L4 ��ti' � is , 'iE 1 � � 'rr ,a �� •lei � d'.� 'S. i '`f 1 �r {{ y 1` , �N' w'�'t � � ti �[ i w A�� �., •�i.. C �, a t� '', ! t� � r d � I +�, u y Ail vi i '- pro L •' r L r;�� k `+ e �; �, .fiJv'.y NIlk 1 �' r y '� �1 � s� r�{�• f r .'ti tti�f �1. .��C�` r�rf' � r of ki { 1L � � r •vii '� � Tr-.:.cr �� %J � }+r � �� '.x4 ; ` r� � •� ;7' �-J .'moi � t� ' 4 i ...st P �'r F '1/d .t � �r jFlllG'r ,til. ,'Ei � � 5 Ii• lIN tr of T- --- � Lw� 11II + r � 4 A, wai, vi MAll, AC 2.7, Mpoa W; pv z , 01 CIO On I X - Brambleton Veterinary Hospital 3528 Brambleton Avenue Roanoke, Virginia 24018 EXHIBIT kLAwl wp o A�� h 'may ILI ee�ae7�i�e 'i. J3 ,. .r :,4' frAfr: 14 t Cave Spring Veterinary Clinic 4530 Old Cave Spring Road Roanoke-, Virginia 24018 EXHIBIT �s 5 F•C � � F I sMmay �-I 1T' �, •a 1 1'x � � L � (, = 1, r, ,,t. 7N .'V � } • � r• + 6l i Y. [P' c ti f t ai I ,,� �� _ �' L „• '� 4 � fir;. L � f . i `{n :t3+ �e +III !�� 5K � • � [ i `�' cit •�� f 4r r�L�1x�' .` ��r�r {s'rSaSTr�ryt�e4GS,1 ` t y ,• Ii ' r ..�{,+x'53 ��',�y���{�h� ,��+�J;�� } y��lk�• 1r rr al s, . t • _ t e .)171 �A''�!r fsRrn`R � ;�4e71�: r vff ,pkv, J - i 4 t+•� ��N L ■ w Hanging Rock Animal Hospital 19 10 Lock Haven Drive Roanoke, Virginia 24019 `EXHIBIT rUrf �riNl' A .. " on rk 41. - 1! ,,i • f r nom; i+ Cj� C '� - •'� � ,-,r.� � •�r�` •+1'� •' f��►+ . tri r x � '_ - �r'.s� r j�' �� + 4�S�j`�lr r •�i-! rpt ti•�{{I �"'� � �., '�ti g, r t �'.. 7 b' K :�"� �:]:. tY-rr 11 i,{�.� :; cy s. � a+,r �`it"K� ,[• kr.:�"� 4� Ij{j �'' �Nj( y '���` a+..`1'�- M„7S'�•r ' �' R•i � •"if [ �� ll+r�ll[!I� !>�Jf` .r;i ,�� ♦ # 4 -�, F ' .�3i�' • Zf� rL. r' � �� li rl ' f' r �r'� e•u _' J � � fir '�.'_. i — �°} a ''i � f.��i�wr• ! �;.'�� ��. Y �r ,�� �, r i,l � r• � � � • � Ta. �Ai ,.t a �.e� vY •.,�� i• l _ r c -4pL t, kr �}� � +� �"�'• ' shy a 1 T�°.'. � � �.d��• [.�. 6•.• F sw f 9 •' r ' +jam '^F� •�' -r1_; �'� •}? IIS ��` � �-0 l'' � �y. •. �•�•i:,r'-_ A �; _..� � �'�i+4S 4{{� �+11�<!'� � Vii' •''kyr; • F*' _ a j ' Ili ' r � 11 •r .L • � r i • .�- 'e � riS�. � �' I +e '`,,fl � � '�; ? .� tib• Harris Animal Hospital 6805 Peters Creek Road Roanoke, Virginia 24019 EXHIBIT h -. �y i }'ri y k .� }� � r a '�'A �" ' '� ,. : ,'r � 4it .� r +� � • 4,. r � � 4� ,ti1 s ,,li r� � e �� r .yrs t r � cJ i��?Y�y+,�,E'4r� '�y3''v, . y�. P r � ,. f; S F� t4F . -1 �� _ n� � { r( i � � f� � !��. ° ; . —• � _ � , _ _ u �_ ., 441I . h ti � a• 1j1 s �. I - � <} 'f _i � - _ . L North Roanoke Veterinary Hospital 5200 Peters Creek Road Roanoke, Virginia 24019 EXHIBIT M � � ti • .�� �J.} +"�►y ��,fir �dt d` r if Rqr �y•,•r�P �•.�� Rte`` oJ''� }'r l �_ : p"yam x•.; r y .yam Z � • _ 4 .{. ..,� •�."�y.—`zF��4i6Y''34-S.. -L 1 � ��'q_�l±F�'dA��'�" � c. �}'f'�r `r `�ai�l*+'jJ'([,d i J :..:r--R'U�,' g + ''s• rAAAF. r f 41 � � ti • .�� �J.} +"�►y ��,fir �dt d` r if Rqr �y•,•r�P �•.�� Rte`` oJ''� }'r l �_ : p"yam x•.; r y .yam Z � • _ 4 .{. ..,� •�."�y.—`zF��4i6Y''34-S.. -L 1 � ��'q_�l±F�'dA��'�" � c. �}'f'�r `r `�ai�l*+'jJ'([,d i J :..:r--R'U�,' g + ''s• Fl� I 4 L� 1 Parkway Veterinary Hospital 2445 E. Washington Avenue Suite 106 Vinton, Virginia 24179 EX 20Ell Jam fedex.qogi-___ Southwest Virginia Wildlife Center of Roanoke Incorporated intends the applied for Special use Permit for 5985 Coleman Road to apply to the proposed raptor building as well as all existing buildings on the property. EXHIBIT I__ sl SCHEDULE B Administrative Appeal Written Zoning Determination for 5985 Coleman Road dated March 3a, 2018 Tax Map Number: 496.48-02-03.40-,0000 AR AgriculturallResidential District 5985 Coleman Road LLC Southwest Virginia Wildlife; Center Joint Applicant: Stanley A, Seymour, III and Jane L. Seymour 5960 Coleman Rd, Roanoke, VA 24418 By and through their counsel Wharton Aldhizer & Weaver, PLC Gregory T. St. Gars and James L. Johnson 100 South Mason St, Harrisonburg, VA22SOI Joint Applicant: Adrian Mager and Blaine Creasy 5946 Coleman Rd. Roanoke, VA 24018 By and through their counsel Warner & Renick, PLC G. Harris Warner, Jr. 4648 Brambleton Avenue, SW P. G. Box 21584 Roanoke, Virginia 24018 Supplement to Administrative Aptpeal Application This application is an appeal of several determinations made by Roanoke County by and through John Murphy, CZA (the "Zoning Administrator"), in his letter dated March 30, 2018, attached hereto as Exhibit A (the "Zoning Letter"). As background, joint appellants Stanley A. Seyknour 111, Janke L. Seymour, Adrian Maver, and Blaine Creasy (collectively, the "Appellants") live in close proximity to die property at issue owned by 5985 Coleman Road LLC, tla Southwesi; Virginia Wildlife Center of Roanoke ("SVWC"), known as 5985 Coleman Road, tax map #t 096,08-02-03.00 (the "SVWC Property") and located in the County of Roanoke. The SVWC Property is currently the subject of various permit requests by SVWC to the Department of Community Development for further development, including, but not limited to possible change of use, construction of additional facilities, and other possible improvements. The Zoning Administrator made the following determinations in his Zoning Letter, each from which this application seeks administrative appeal: 1. The Zoning Administrator determined that the present use of the SVWC Property as a veterinary hospitallclinic is in conformance with Roanoke County rules and ordinances (the "County Code"). EXHIBIT 2. The Zoning Administrator detennined that the proposed construction on the SVWC Property requires a Special Use Permit rather than a variance. 3. The Zoning Administrator determined that the use of the SVWC .Property is properly classi5ed as a veterinary hospitallclinic based on the Zoning Administrator's determination that there are no boarding activities conducted at the SVWC Property. REASONS FOR APPEAL (Question 1, page 5 of the Administrative Appeal Application): 1. Che present use of the SVWC Property as a veterinary hospital/clinic is not in conformance with Roanoke County rules and ordinances (the "County Code"). Whether the SVWC is properly classified or not, any proposed development of the SVWC Property must be denied due to the SVWC Property's lack of conformance with the County Code. County Code § 30-23-2(B), § 30-14(C) and § 30-19-1. First, pursuant to die Zoning Letter, the SVWC Property does not have public road frontage, the lack of which requires a. Special Use Perinit. The County Code allows a property owner without public road frontage to obtain approval pursuant to a Special Use Permit. County Code § 30-23-5. Without such approval, present use of the SVWC Property is not in conforruance with the County Code, Second, upon information and belief of the Appellants, structures (including outdoor cages) have recently been erected on the SVWC Property without proper approval by the County. Until such time said structures are removed and properly approved, the SVWC Property is not in conformance with the County Code. Third, even if the Zoning Administrator correctly determined that SVWC merely operates a veterinary hospitallelinic on the site, pursuant to County Code § 30-29-5, veterinary hospitallchnics are expressly prohibited fi•om boarding animals for any reason other than on a sbort term, indoors basis that is incidental to an allowed veterinary hospital/clinic. In order to board any kind of animal outdoors or on a long term basis, the County Code, at a minin-aun, requires that any veterinary hosTitallclinic first be approved as a "commercial kennel." As wilt be discussed further below, the Appellants' believe the Zoning Administrator erred in his determination that SVWC does not "board" Animals. In addition to the other reasons cited above, SVWC's practices of `rehabilitating" animals for extended periods of tune, whether indoors or outdoors, place the SVWC in non-conformance with the County Code. 2 2. The SVWC Property is not yet eligible for a special use permit. County Code § 30-23-2{B} requires that prior to any approvals sought through the Department of Community Development, any property subject to said approval must first be required to he in conformity with the County Code. See also § 30-14(C) and § 30-19-1. As discussed above, there are several reasons for which the SVWC Property is not in conformance with the County Code. Incidental to conformance with County Code, SVWC must also seek variance or approval under the County Code for the more intense and higher uses it performs in its capacity as a wildlife rehabilitation center and/or it must seek approval as a commercial kennel if it seeks to perform such services at the SVWC Property. 3. Proper classification of the present use of the SVWC Property is not that of a "veterinary hospital/clinic". First, County Code § 30-29-5 defines a veterinary hospital/clinic as any "establishment rendering surgical and medical treatment of animals." The SVWC Property is currently being used by SVWC to treat, rehabilitate and keep wild animals indoors and outdoors. In fact, the Zoning Letter states that SVWC's license to operate is that ofa "Veterinary Establisliment, Wildlife RebabiIitation Center", and not that of a mere veterinary hospital/clinic. Although SVWC may perform certain services similar to that of a veterinary hospital/clinic, SVWC's use of the site is more intense and higher than that of a mere veterinary hospital/clinic. Second, per County Cod § 30-29-5, a veterinary hospital/clinic is an allowable "commercial use type." According to the Zoning Letter and indeed SVWC's own literature, SVWC is not a commercial enterprise, As a civic group, SVWC may operate a "civic use type" as defined under the County Code, but it does not follow that such a civic group would operate a commercial use type. County Code § 30-29-3. Although the County Code allows several civic use types, defined pursuant to County Code § 30-29-3, SVWC's use type does not conform to any of these civic use typos, Third, SVWC's practice of keeping animals overnight is not associated with use of a veterinary hospital/clinic allowable pursuant to County Code's definition of a "veterinary hospital/clinic". The Zoning Administrator's definition of the term "boarding" in his Zoning Letter is too narrow, To support his position, the Zoning Administrator references the fact that because SVWC purportedly does not collect fees from a pct owner, SVWC is not boarding animals. .However, the term "boarding" is not defined in the County Code. Indeed, the County Code does not contemplate refuges or shelters of animals at all. As such, the Appellants believe that the purpose of limitations on boarding must be to prevent either the extended or Outdoor keeping or sheltering of all animals by all establishments other than those subject to the stricter standards of "commercial kennels". SVWC, according to its website, does collect donations and other funds for the performance of its services, including the practice of keeping or sheltering animals on a long term basis. Such a practice is only consistent with a "eornmeraial kennel" use type under the County Code, for which SVWC has not been approved. Moreover, upon information and belief, no other "veterinary hospital/clinic" in Roanoke County has outside cages for the care and rehabilitation of animals. Therefore, such sheltering of animals on the SVWC Property is prohibited "boarding" as intended by the County Code, which, along with the other reasons cited herein, removes the SVWC Property from possible classification as it veterinary hospital/clinic. EVIDENCE SUPPORTING CLAIM (Question 2, page 5 of the Administrative Appeal Application): In addition to the facts and circumstances referred to above, the following list includes additional evidence supporting Appellants' claims: (1) Various photographs, satellite images, and testimony indicating structures have been erected on the SVWC Property to shelter animals; (2) Various photographs, satellite images, and testimony which indicate no other "veterinary hospital/clinic" in Roanoke County has outside cages within its facilities for the long term care and rehabilitation of animals, including that of wildlife; (3) Evidence, including but not Iirnited to SVWC's own website and literature, indicating that SVWC is not only a hospital/clinic, but that it is a not-for-profit clinic dedicated to the preservation and rescue of wildlife whose use is more intense and higher than that of a veterinary hospitallclinic; and (4) any or all other evidence as may be determined necessary prior to any administrative appeal hearing on this Administrative Appcal Application. Appellants preserve the right to further amend this Administrative Appeal Application as necessary. Additional detail supporting this Administrative Appeal Application, including but not limited to the evidence referenced herein, may be available upon request and may be provided prior to any scheduled hearing, subject to the protections offered under the attorney client privilege. Requests for further additional information can be made in writing to: Wharton, Aldhizer & Weaves-, PLC Attn: Gregory T. St. Ours, Esq, James L. Johnson, Esq. 100 South Mason St, Harrisonburg, VA 22801 Telephone: (540) 435-5334 Fax: (540 434-5502 gstours@wuwlaw.com wawlaw.com jjohnson@wawlaw.com 18004960 4 Warner & Renick, PLC Attn: G. Harris Warner, Jr., Esq. 4648 Brambleton Avenue, SW P. O. Box 21584 Roanoke, Virginia 24018 'relephone: (540) 777-4600 Fax: (540) 777-4700 h wamer@w arnerre ni ck. c oin Countp of Roanoke DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR, ARNOLD COVEY DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, TAREK MONEIR DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON March 30, 2018 Mr. Stanley A, Seymour, III 5942 Colemm Rodd Roanoke, Virginia 24018 RE: Written Zoning Determination for 5985 Coleman Road Tax Map Number: 096.08-02-03,00-0000 AR Agricultural/Residential District 5985 COLEMAN ROAD LLC Southwest. Virginia Wildlife Center Dear Mr. Seymour: EEXHIBIT 7D BUILDING PERMIT'S/ INSPECTIONS DEVELOPMENT REVIEW ENGINEERING ENVIRONMENTAL MANAGEMENT PLANNING & ZONING TRANSPORTATION I have received your letter with additional information that was delivered to the Roanoke County Administration Center on Pebtuary 27, 2018, Since the request pertains to a property not under your ownership or control I will also provide a copy of my written determination to the owners of 5985 Coleman Road (thtc "Property"). Your letter includes a request for zoning determinations related to the use of the Property. The first category of your letter was `Noncordorrrring Use." I understand your question to be whether the present use of the property (as a veterinary hospital/ clinic) is a nonconforming use, It is my opinion that the present use is conforming. In 2014, the zoning administrator approved the use as a veterinary hospital/ clinic. The construction of the proposed raptor building and partially constructed building on the Property will require a Special Use Permit, due to a lack of public road frontage, The Special Use Permit is a public hearing process through the Planning Commission and Board of Supervisors. The second category of your letter was "Ziming". I understand your question presented in this section to be whether the present use is property classified as a veterinary hospital/ clinic. You specifically question whether the fact that animals stay at the facility overnight prevents the use frorn being thus classified. It is my opinion that the Use is properly classified as a, veterinary hospital/ clinic use and that animals who remain at (he facility overnight (whether indoors or outdoors) are not boarding, Although the term `boarding" is not defined in the County Code, I understand the term to refer to P.C. BOK 29B00 • ROANOKE, VIRGINIA 24018 - PHONE (540) 772-ZO80 , FAX (540) 776-7155 situations in which owners of domestic animals drop their animals off at the facility for a set amount of time in exchange for a fee. In the sittuition at hand, the animals who stay at the facility are not domestic animals and do not stay at the facility for a set amount of time in exchange for payment. All animals who stay overnight ai the facility are receiving veterinary care.. There are no boarding activities conducted at the facility that are incidental to the medical treatment of wild animals. This conclusion is supported by the finding made by the Commonwealth of Virginia Department of Health Professions, Board of Veterinary Medicine. The license approved for the Property is a Veterinary Establishment, Wildlife Rehabilitation Center and has a specific restric0.on stating "No Boarding." The last category listed in your letter is "Setbacks". I understand that your question pertaining to sotbac is is regarding the location of the front property line. After conducting extensive research originating with information on the County QIS and then reviewing plat and deed information, it is my determination that the front property line for the Property is the common property line (309.93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-04.00-0000, addressed as 5960 Coleman Road. This determination is diffe-�ent than what I advised you in our original discussion about this issue. Please be aware that this written determination is issued by the Roanoke County Zoning Administrator, Any person aggrieved by a written determination of the Zoning Administrator may appeal the decision to the Board of'Zoning Appeals. Appeals must be trade within thirty (30) days of the entry of the written determination which is the date oftecelpt of this letter. Also please -note that this written determination of the Roanoke County Zoning Administrator shall be final and unappealable if not appealed by the deadline noted in this letter {Sec 15,2-2311 Code of Val. It is the applicant's responsibility to submit a complete administrative appeal application within the required deadline in order for the appeal'request to become valid. In addition., there is a $275 administrative appeal application fee and required legal advertisement fees shall. be the responsibility of the appellant. I will include an Administrative Appeal Application for your reference. Sincerely, John F. Murphy, CZA Zoning Administrator Attachment: Administrative Appeal Application CC: 5985 COLEMAN ROAD LLC 5985 Coleman, Road Roanoke, Virginia 24018 P.O. Bol( 29800 , ROANOJ{F, VIRGIMA 24018 , PHONE (540) 772-1080 • FAX (540) 776-7155 SCHEDULE B Second Administrative Appeal Second Written Zoning Determination for 5985 Coleman Road dated May 17, 2018 Tax Map Number: 096.08-02-03,00-0000 AR Agricultural/Residential District 5985 Coleman Road LLC Southwest Virginia Wildlife Center June 15, 2018 Joint Applicant: Stanley A. Seymour, III and Jane L. Seymour 5960 Coleman Rd. Roanoke, VA 24018 By and through their counsel Wharton Aldhiaer & Weaver, PLC Gregory T. St. Ours and James L. Johnson 100 South Mason St. Harrisonburg, VA22801 Joint Applicant: Adrian Maier and Blaine Creasy 5946 Coleman Rd. Roanoke, VA 24018 By and through their counsel Warner & Renick, PLC G. Harris Warner, Jr. 4648 Brambleton Avenue, SW P. O. Box 21584 Roanoke, Virginia 24018 Administrative a Appenl Aul2lication This administrative appeal application (this "Second Appeal") appeals determinations by John Murphy (the "Zoning Administrator'), on behalf of Roanokc County, in his May 17, 2018 Ietter "Second Written Zoning Detet-urination for 5985 Coleman Roar" attached as Exhibit 1 (the "May 17 Determination Letter"). Other exhibits to this Second Appeal include: • Exhibit 2: The March 30, 2018 email from Jim Johnson to the Zoning Administrator; Exhibit 3: March 30, 2018 letter "Written Zoning Determination for 5985 Coleman Road" • Exhibit A: The April 25, 2018 Conceptual Plan; o Exhibit 8: The May 7, 2014 Building Alterations Plan, approved by Roanoke County Building on July 3, 2014, per Application #B-1401231; • Exhibit C: Application #B-1701280 including undated Bird room plan 2 and Pian 2A furniture; • Exhibit D-1: SVWC's May 16, 2018 letter "To Whom It May Concern'; Exhibit D-2: First enclosure with SVWC's May 16, 2018 letter; Exhibit D-3: Second enclosure with SVWC's May 16, 2018 letter; ■ Exhibit E: SVWC's March 8, 2018 letter "To Whom It May Concern"; ■ Exhibit F: A copy of Exhihit A overlaid with a dotted/broken line to reflect a rendering of 150 feet from the front line of the Property, EXHIBIT 23 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 This Second Application is brought by the appellants Stanley A. Seymour 111, Jane L, Seymour. Adrian Maver, and Blaine Creasy (collectively, "Appellants"). Their first administrative appeal application, filed on April 27, 2018 (the "First Appeal"), appealed the Toning Administrator's March 30, 2018 letter re "Written Zoning Determination for 5985 Coleman Road" attached as Exhibit 3 (the "March 30 Determination Letter"). The First Appeal is incorporated by reference herein. The lot at issue in the March 30 and May 17 Determination Letters is owned by 5985 Coleman Road LLC, t/a Southwest Virginia Wildlife Center of Roanoke ("SVWC"), and is known as 5985 Coleman Road, tax map # 096.08-02-03.00 (the "Property"). The Property was placed in issue by Application #PZ -1800595. Appellants own and lire on lots immediately west of the Property. The Zoning Administrator wrote his May 17 Determination Letter in response to a March 30, 2018 email from Jim Johnson, attached as Exhibit 2. Appellants appeal the May 17 Determination Letter for the reasons and grounds noted below. This Anneal A. The proposed raptor building is not the principal building on the Property, it is an accessory building; accessory structure setbacks must apply to the proposed raptor building, not principal structure setbacks; and the Zoning Administrator should not have downgraded the existing principal building, the Wildlife Veterinary Clinic building, and upgraded the proposed raptor building without a request to do so. The Zoning Administrator states in his May 17 Determination Letter that if the proposed raptor building is approved and constructed as proposed, it will be considered the principal structure for two reasons: the Property's principal use, veterinary care and rehabilitation of wildlife, will be conducted within the raptor building; and the raptor building will be larger than the existing principal building. First, the Zoning Administrator erred in determining that the proposed raptor building will be larger than the existing principal building. Second, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the raptor building, not the existing principal building. Third, the Zoning Administrator erred in upgrading the raptor building to be the principal building and thereby downgrading the existing principal building in the absence of a request and supporting reasons to do so by SVWC in PZ -1800595 and in the absence of any record that SVWC downgraded or otherwise changed the existing principal building. Fourth, because the Zoning Administrator erred in determining that the raptor building 18007219 2 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 will be the principal building on the Property, he also erred in his assessment of the proper setbacks for both the raptor building and the partially constructed building and other cages on the Property. First, the Zoning Administrator erred in determining that the proposed raptor building will be larger than the existing principal building. Before turning to whether or not the proposed raptor building will be larger than the existing principal building, we note that Roanoke County Code §30-28 makes no mention of size of a building in defining whether a building is the principal building or structure on a lot: §30-28: Principal building or stracture: A building or structure in which the primary use of the lot on which the building is located is conducted. §30-28: Principal use: The main use of land or structures as distinguished from a secondary or accessory use.' Notwithstanding these two §30-28 definitions (and the definitions in Footnote 1) and giving the Zoning Administrator the benefit of doubt for purposes of this argument, the existini? prinoitial building is, and will be, larger than the,proposet:i raptor building. Other Definitions under §30-28, as well as §30-34.5, are consistent with the fact that a principal structure on a property is the principal structure on a property. §30-2$. Accessory building or structure: A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or stnicturc is attached to the principal building in a substantial mariner, as by a well or roof, such accessory building shall be considered a part of the principal building (.Emphasis added ) §30-28-. Building line: The line, parallel to the street right-of-way, that passes through the point of Me principal building nearest the street right-of-way, or in the case of the rear building line, furthest from the street right-af--way, (Emphasis added] §30-28: Garage, private. A building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles. (Emphasis added.) §30-34.5: Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (Emphasis added.) 18007218 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 When SVWC bought the property, the existing principal building was a house which SVWC converted four years ago to a veterinary wildlife clinic pursuant to the May 7, 2014 Building Alterations Plan. The existing principal building includes 1,840 square feet of first floor space in the original house, 575 square feet of first floor space in the original carport which SVWC converted to usable, enclosed space in 2017, and 1,275 square feet in the basement for a total of 3,590 square feet. See Exhibit B. This is significantly larger than the proposed raptor building, the "Proposed Raptor Complex", at a total of 2,8 75 square feet, See Exhibit A. The Zoning Administrator might respond that the 2,875 square feet attributed to the Proposed Raptor Complex is larger than the 2,520 square feet attributed to the existing principal building, the "Brick Building", in Exhibit A. Exhibit A, however, significantly understates the existing principal building square footage because Exhibit A overlooks the 1,275 square feet in the basement of the existing principal building. In conclusion, the Zoning Administrator erred in using size as a determinative factor under the Code, and the Zoning Administrator erred as a matter of fact in determining that the proposed raptor building will be larger than the existing principal building. Second, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the proposed raptor building, not the existing principal building. In 2014, the zoning administrator approved the use of the Property as a "veterinary hospital/clinic". See Exhibit 2. Roanoke County Code §30-29-5 defines a "veterinary hospital/clinic" as follows: Veterinary hospital/clinic. Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel, (Emphasis added.) In its March 8 letter, SVWC states that it `provides veterinary came and rehabilitation for injured, orphaned, and sick native wildlife". See Exhibit E (emphasis added). In short, SVWC understands and maintains that rehabilitation of animals is distinct from and in addition to veterinary care — surgical and medical treatment — of animals. In its May 16 letter, SVWC identifies the dynamic between veterinary care and rehabilitation in that SVWC states that veterinary care is followed by rehabilitation. See Exhibit D-1. As such, SVWC reconfirmed on May 16 that rehabilitation is distinct from and in addition to veterinary care. 18007218 4 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 Consistent with the forgoing, SVWC states relative to the existing principal building that "The Building located at 5485 is currently used as the Wildlife Veterinary Clinic". See Exhibit DD^2. NOTE' In light of this idcntification by SVWC of the existing principal building, we refer to the existing principal building, hereinafter, as the "Wildlife Veterinary Clinic building". The Wildlife Veterinary Clinic building includes space for veterinary care — surgical and medical treatment of animals — of all wildlife as well as space for holding and at least some rehabilitation of wildlife, as evidenced by the fact that the existing Wildlife Veterinary Clinic building includes a Receiving Room, a veterinary Care Room, Holding Rooms 1-4, a Water Fowl Room, a mammal room, a Nursery including incubator shelves and treatment table, and bird shelves. See Exhibits B and C. In other words, the principal use of the Property as set forth in the definition under Code §30-29-5 for a "veterinary hospitallclinic" — again, surgical and medical treatment of wildlife — is conducted in the Wildlife Veterinary Clinic building, and it also happens that rehabilitation of wildlife is also to some degree performed in this building. In contrast, neither surgical nor medical treatment of any animal, whether mammal or bird, reptile or amphibian, will be performed in the proposed raptor building. Rather, the raptor building will be limited to rehabilitation only and for raptors only, SVWC's submissions confirm that the proposed raptor building will not be a principal building under Roanoke County Code §30-28 but an accessory building to the Wildlife Veterinary Clinic building. See Footnote 1 for the definition of "accessory building or structure". In its May 16 letter, SVWC states that its goal "is to treat injured, orphaned, and sick wildlife" including "many raptors (birds of prey) with fractures and soft tissue injuries that require veterinary care followed by rehabilitation"_ SVWC goes on to identify the structure at issue as the "oval raptor flight building" to "provide the space for the larger species to complete their recovery", See Exhibit D-1 (emphasis added.) In short, we learn from SVWC's May 16 letter that (1) SVWC treats injured, orphaned, and sick wildlife, (2) SVWC provides veterinary cage and rehabilitation for wildlife, but (3) the proposed raptor building will be limited to only a subset of SVWC:'s patients that does not even include all birds but only raptors, and (4) it will be limited to only one aspect of a raptor's rehabilitation, flight. In its March 8, 2018 letter. SVWC states that it "provides veterinary care and rehabilitation for injured, orphaned, and sick native wildlife" and that "As the veterinarian of record of the facility, it is [Dr. D'Orazio's] responsibility to see that we provide the best medical 18007219 5 SCHEDULE B, continued Second Administrative Appeal June 15, 2418 care possible..." SVWC goes on to say that it "needs a large raptor flight building to... [providel the necessary flight conditions to strengthen muscle tone and improve stamina—and .and provide a large enough space to determine if the raptors can hunt". See Exhibit E (emphasis added,) In short, we learn from SVWC's March 8 letter that (1) again, SVWC provides veterinary care and rehabilitation for wildlife, (2) the best veterinary care possible is at the core of SVWC's purpose, and (3) that the proposed raptor building is not for veterinary care, is limited to only a subset of rehabilitation, flight conditions for muscle tone, stamina and ability to hunt, and is limited to only raptors, a subset of wildlife and even of birds. In the first enclosure of its May 16 letter, SVWC references the "proposed primary raptor building". See Exhibit D-2 (emphasis added.) Further, in the second enclosure of its May 16 letter, SVWC identifies the raptor building as "a primary building to house raptors". See Exhibit D=3 (emphasis added.). The proposed raptor building may very well be the primary building to house raptors, but regardless, the raptor building is not identified anywhere in any document submitted by SVWC as the principal building on the Property, that is to say a building in which the primary use of the Property, namely veterinary care – surgical and medical treatment – of wildlife, will be conducted. Moreover, the Wildlife Veterinary Clinic building is the "Brick Building" in Exhibit A, and SVWC implicitly reaffirms that this building is, in fact, the principal building (i.e., as defined in Code §30-28) on the Property by characterizing construction of the proposed raptor building as "the wildlife center's expansion of a primary building". See Exhibit D-2. In conclusion, SVWC's submissions on March 8 and May 16 confirm that the proposed raptor building is not the principal structure on the Property in that SVWC treats injured, orphaned, and sick wildlife, whether mammals or birds, reptiles or amphibians, and SVWC provides both veterinary care and rehahilitation for all of this wildlife in the Wildlife Veterinary Clinic building. In contrast, the raptor building is limited to only one narrow group of birds, raptors, and is limited to only one aspect of a raptor's rehabilitation, flight. As such, the Zoning Administrator erred in determining that the primary use of the Property will be conducted in the raptor building, not the Wildlife Veterinary Clinic building. Third, the Zoning Administrator erred in upgrading the proposed raptor building to be the principal building and thereby downgrading the Wildlife Veterinary Clinic building in the absence of a request with supporting reasons to do so by SVWC in PZ - 1800545, and in the absence of any record that SVWC has downgraded or otherwise changed the use of the Wildlife Veterinary Clinic building. 18407218 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 In the absence of a request by SVWC providing the basis and support for the County to make a determination that a building is a principal building on a property in lieu of an existing principal building, the Zoning Administrator is without authority to make such a determination. Such a determination is like granting a building permit without an application. In this case, SVWC has not asked the County to determine that the proposed raptor building be the principal building instead of the existing Wildlife Veterinary Clinic building. Further, there is no record that SVWC downgraded or otherwise changed the use of the Wildlife Veterinary Clinic building, and without such record, this building should not be downgraded. Fourth, because the Zoning Administrator erred in determining that the proposed raptor building is the principal building on the Property, he also erred in his assessment of the proper setbacks for both the raptor building and the partially constructed huilding and other cages. The Zoning Administrator incorrectly applies minimum setbacks applicable to principal structures in Code §30-34-3(B) (i.e.: 30 feet from the front line; 15 feet from the side lines; and 25 feet from the rear line) to the proposed raptor building which, consistent with the explanations above, is an accessory structure. Instead, the proper setbacks for the raptor building are those which apply to accessory structures in Code §30-34-3(B) (i.e.: as to the front line, either behind the principal structure or where the principal structure is more than 150 feet from the front Iine, 150 feet from the front line; 20 feet from the side lines; and 10 feet from the rear line). The setbacks for the partially constructed building and the other cages are dependent upon the front building line of the principal structure. Accordingly, the raptor building in the location as proposed in Exhibit A will violate §30-34-3(B), and the partially constructed building and the other cages shown in Exhihit A are in violation of §30-34-3(B). For a rendering of 150 feet from the front line of the Property, see the dotted/broken line in Exhibit F? B. The Zoning Administrator incorrectly determined that a special use permit for the proposed raptor building can be based on Code § 30-23-5(5) where a lot is nonconforming because it has no public street frontage. Code §30-23-5(B) does not apply, however, because the Property is already developed and because the raptor building will not be an 2 In his March 30 Determination Letter (attached as Exhibit 3), the Zoning Administrator determined "after conducting extensive research" that the front line of the Property is the common property line between the Property and the adjacent parcel addressed as 5450 Coleman Road. The most westerly, 33 0' line in Exhibit is this front line —thus setting the front setback either 150' froth said front line or behind the existing principal structure, whichever is closer. In this case, 150' is closer to the front line than the existing principal structure, thus setting the front setback you see depicted in Exhibit F by the dcttedlbrmken line. 1800721E 7 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 expansion of an existing structure. Further, other nonconformities in addition to no public street frontage also preclude application of Code § 30-23-5(B), Nonconforming characteristics and structures plague the Property such as: • lack of public street frontage; ■ nonconforming "other cages"; and • nonconforming "partially constructed building". See Exhibit 1, In light of these nonconformities, construction and use of the proposed raptor building, as well as the partially constructed building as noted by the Zoning Administrator in his May 17 Determination Letter, would run afoul of Roanoke County Code §30-23-2(B): §30-23-2(B): No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance, with the exception that an existing, nonconforming, single-family residential structure and use in a commercial or industrial zoning district shall be allowed a 50 percent increase (either one time or cumulative) in the square footage of the use or structure in existence at the time of the adoption of this ordinance. Apparently in light of this, and in particular the Property's lack of public street frontage, the Zoning Administrator determined that "[t]he requirement for a special use permit for the proposed raptor building and the partially constructed building is based on Zoning Ordinance Section §30-23-5(B), Nonconforming Lots of Record", and the Zoning Administrator then quoted Code §30-23-5(B) in full at the top of page 2 of his May 17 Determination Letter: §30-23-5(B): Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the Iot maybe expanded, provided the county reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 30- 19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings. At the bottom of page 2 of his May 17 Determination Letter, however, the Zoning Administrator incorrectly paraphrased and collapsed the first two clauses of §30-23-5(B) into a single clause, stating: 18007218 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 Section 30-23-5(B) states that nonconforming lots (including those that lack public street frontage) may be developed or expanded "provided the county reviews and grants a special use permit for the proposed development, expansion..." See Exhibit 1. This misstates the actual language of §30-23-5(B) in two respects. First, Code §30-23-5(B) actually states that "Any lot of record that is nonconforming because it has no public street frontage may be developed..." Code §30-23-5(B) does not state "nonconfonning lots (including those that lack public street frontage) may be developed..." (Emphasis added.) Second, Code §30-23-5(B) actually states that "...an existing structure on the Jot may be expanded..." Code §30-23-5(B) does not say "nonconforming lots (including those that lack public street frontage) may be developed or expanded.." (Emphasis added.) Under the actual language of Code §30-23-5(B), a property owner is allowed to avoid the §30-23-2(B) Prohibitions in two situations only: (1) when developing a lot that is a nonconforming lot because it has no public street frontage, or (2) when expanding an existing structure on a lot that is a nonconforming lot because it has no public street frontage. As to the first situation, the Property is already developed. As to the second, SVWC is not expanding an existing structure. To put it another way, the proposed raptor building is not an expansion of an existing structure but instead a proposed stand-alone structure on a previously developed lot. Therefore, Code §30-23-5(B), which only applies in the two narrow situations provided in §30- 23-5(B), cannot apply and should not be invoked in this case. Further, Code §30-23-5(B) is not available for lots with other nonconforming uses, characteristics or structures, in addition to lack of public street frontage, which brings us back to the nonconforming "other cages" and the nonconforming "partially constructed building". The Zoning Administrator states in his May 17 Determination Letter that the zoning permit for the other cages on the Property was issued in error, and hence, the other cages are nonconforming structures. See Exhibit 1. Further, the Zoning Administrator recognizes that these cages are accessory structures in his May 17 Determination Letter and, as such, nonconforming in another respect: They are not located at least 150 feet from the front line of the Property pursuant to Code §30-34-3(B). See Exhibit F. As for the "partially constructed building", again, the Zoning Administrator recognizes that this building is an accessory building in his May 17 Determination Letter and, as such, nonconforming because, again, it is not located at least 150 feet from the frontline of the Property. See Exhibit I•. Also note that the First 18007218 SCHEDULE B, continued Second Administrative Appeal June 15, 2018 Appeal, incorporated by reference herein, notes other nonconformities, any one of which would also preclude application of Code §30-23-5(B) in this case. In conclusion, in order to invoke Code §30-23-5(B), the Iack of public street frontage must be a lot's only nonconformity. Should any other nonconformities exist, as they do here, Code §30-23-5(B) is inapplicable. Furthermore, the two narrow situations in which Code §30- 23-5(B) may be invoked do not exist here and so, for the reasons set forth above, Cade §30-23- 5(B) is not applicable to this case thereby barring enlarging, intensifying, or increasing use of the Property such as construction and use of the proposed raptor building. C. Reservation of Rights. Appellants reserve the right to further amend this Second Application as necessary. Additional detail supporting this Second Application, including but not limited to the evidence referenced herein, may be available upon request and may be provided prior to any scheduled hearing, subject to the protections offered under the attorney client privilege. June 15, 2018 Wharton, Aldhixer & Weaver, PLC Atm: Gregory T. St. Ours, Esq. James L. Johnson, Esq. 100 South Mason St. Harrisonburg, VA 22801 Telephone: (540) 438-5334 Fax: (540 434-5502 gstours@waw1aw.com jjohnson@wawlaw.com 18007218 1 4 Warner & Renick, PLC Attn: G. Hams Warner, Jr., Esq. 4648 Brambleton Avenue, SW P. 0. Box 21584 Roanoke, Virginia 24018 Telephone: (544) 777-4600 Fax: (540) 777-4700 bwsmer@wamerrenick.com SCHEDULE C Second Administrative Appeal Second Written Zoning Determination for 5985 Coleman Road dated May 17, 2018 Tax Map Number: 096.08-02-03.00-0000 AR Agricultural./Residential District 5985 Coleman Road LLC Southwest Virginia Wildlife Center Adjoining Property owners: Stanley A. Seymour, III and Jane L. Seymour 5942 Coleman Road Roanoke, VA 24018 Parcel ID: 096.08-02-04.00-0000 Property Address: 5960 Coleman Road Roanoke, VA 24018 James P. Holladay and Ellen L. Antoniacci 6546 Sugar Ridge Drive Roanoke, VA 24018 Parcel ID: 096.08-02-01.00-0000 Property Address: 5423 Crystal Creek Drive Roanokcy VA 24018 Nicholas H. Beasley 5489 Crystal Creek Drive Roanoke, VA 24018 Parcel ID- 096.02-01-46.01-0000 Property Address: 5491 Crystal Creek Drive Roanoke, VA 24018 Richard N. Lovegreen and Erika E. Long 6513 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.08-04-17.00-0000 Property Address: 6513 Brookhaven Court Roanoke, VA 24018 Brian T. Loop and Jocassar Loop 6517 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.08-04-16.00-0000 Property Address; 6517 Brookhaven Court Roanoke, VA 24018 James Robert Bradshaw and Kimberly Mooney Bradshaw 6521 Brookhaven Court Roanoke, VA 24018 Parcel ZD: 096.08-04-15.00-0000 Property Address: 6521 Brookhaven Court Roanoke, VA 24018 Russell P, Reiter 6523 Brookhaven Court Roanoke, VA 24018 Parcel ID: 096.08-04-14.00-0000 Property Address: 6523 Brookhaven Court Roanoke, VA 24018 2 r � Countp i0f Roanoke COMMUNITY DEVELOPMENT T:13s 5204 Bernard Dave. Second Floor. P.O. Box 29M Roanoke, Vlrglnla 24018-0798 Arnold Covey, DIRECTOR TEL: (540) 772-2060 QtALDING PERMITS IWEGTIONS 7orak Aton6, FAX: 1540) 776-7155 aEVELOPM" SERVICES DEPUTY DIRECTOR OF DEVELOPMENTSERVICES PLANNING &ZONING NG 6IQNfNG PhUlp Thompson, SrORMWATER MANAGEMENT DEPUTY DIRECTOR OF PLANWG TRANSPORTATION May 17, 2018 MT. Stanley A Seymour, Ill 5942 Coleman Road Roanoke, Virginia 24018 RE: Second Written Zoning Determination for 5985 Coleman Road Tax Map Numb= 096.08-02-03.00-0000 AR AgriculturaVResidential District 5985 COLEMAN ROAD LLC Southwest Virginia Wildlife Center "The Property" Dear Mr. Seymour: In response to my first zoning determination written to you (on Match 30, 2018) relating to the aNyve noted Property, I received your request, dated March 30, 2018 (your "second request"), Tnade through your attorney, Mr. Johnson, requesting additioTnaI zonuig opiniorLs relates] to the Propeaty. Since the request is for a property not under your ownership or control 1 will also provide a copy of my written deteruzination to the owners of the Property. Setbacks You rcquested information on several items regarding setbacks. Section 30-34-3(B) of the Roanoke County Code sets forth Vic applicable minhnwn setback requirements (for AR Agricultural/ Residential Districts). The required setback for the proposed raptor building. If the raptor building is approved and constructed as proposed, it will be considered the principal structure (because the Pmpenty's principal use (veterinary care and rehabilitation of wildlife) will be conducted within it and because it will be larger in size thorn the existing principal structure). AccordiAgly, the miftum front yard setback for the proposed raptor building would be 30 feet, the side yard setback would be 15 feet and the near yard setback would be 25 feet. EXHIBIT The setback For the partially constructed building: Where the principal structure is more than 150 feet from the street; accessory buildings may be located 150 feet from the street and 20 feet &rim any side property line. The other cages on the property will fall within the same setback category as the other accessory structures as the `partially constructed building." If a Special Use Permit is approved and the raptor building is constructed where proposed, the setback distances for the accessory structures will then be located behind the rear building line of the raptor building and the accessory structures will meed to meet a minimum 10 feet side setback. The need for a special use permit The requirement for a special use permit for the proposed raptor building and the partially constructed building is basted on Zoning Ordinance Section 30-23-5(B), Nonconforming Lots of Record. (B) Any lot ofrecord that is nonconforming because it has no public street frontage may be developed, or an exisdng structure on the lot may be expanded, provided the county reviews and grants a special resepernelt for the proposed. development, expansion and use in accord with the standards and procedures contained in Section 30-19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or far single family or two family dwellings. (Emphasis added). A_variance is not_reguired In your request for a determination, you also shared your opinion that because the proposed projects appear to require "a modification of the road frontage ordinance." you believe that the County Code requires that the applicants obtain a variance, rather than a special Mae permit. Section 34-19-1 of the County Code, General Standards, states; The a&nlnistratorshall not accept a special tale pemit application far a lot orparcel drat does comply with the minimum requirements contained in Article 1Y, use and design standards, for that use. In such situations, the applicant shali f rst seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the special use permit application for the consideration of the commission and board Article IV of the Zoning Ordinance outlines additional, modified or more stringent standards for uses that have an asterisk (*) beside the permitted uses list. In Section 30-34-2 ofthe County Code (which sets forth permitted uses in the AR Agricultural/Residential District), the Veterinary Hospital/Clinic use does not have an asterisk; It does not have any use and design standards. Site development regulations, which are set forth in Section 34-34-3 of the County Code (including frontage requirements), are not use and design standards; the variance requirement applicable to use and design standards does not apply, As noted above, Section 30- 23-5(8) states that nonconforming lots (including those that lack public street frontage) may be developed or expanded, "provided the county reviews And grant& s special use permit for the prosed development, expansion ...." Further, Section 34-14(C) of the County Code (Amendments to Ordinance) states: The administrator shall not accept any amendment application far a lot or parcel that does not comply with the ininimum lot area, width orfrontage requirements of the requested zoning COMMUNITY DEVELOPMENT 5204 Bemard Drive, Second Floor, P ❑ Box 29600 Roanoke, V1rAfn[a 24018-0798 TEL: (540] 772-2080 FAX (54 01 776-7155 district. In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the amendment application. far the consideration ofthe commission and board. (Emphasis added). This section refers to situation in which an applicant is requesting a rezoning from one zoning district to another. An application far a special use permit for a nonconforming lot of record (pursuant to Section 30-23-5) is the pending request. Eased on tzar. above, it is my determination that a variance was not required prior to the acceptance of this special use permit application. Time other ea cs also require a special use permit The Property does have multiple animal enclosure structures that were constructed, but were not large enough to require building permits. A zoning pennit was initially issued for these strictures. However, after further review of the information originally submitted for the zoning permit, I determined that the zoning permit for the accessory structures was issued in error and those structures will also require a special use permit. Please be aware that this written determination is issued by the Roanoke County Zoning Administrator. Any person aggrieved by a written determination of the Zoning Administrator may appeal the decision to the Board of Zoning Appeals. Appeals must be made within thirty (30) days ofthe entry of the written determination which is the date of -receipt of this letter. Also please now that tEiis written determination of the Roanoke County Zoning Administrator shall be final and unappealable if not appealed by the deadline noted in this letter (Sec 15.2-2311 Code of Va). It is the applicant's responsibnilityto submit a complete administrative appeal application within the required deadline in order for the appeal request to become valid. In addition, there is a $275 administrative appeal application fee and required legal advertisement fees shall be the responsibility of the appellant. . I will include an Administrative Appeal Application for your reference. Sincerely, John F. Murphy, CZA Zoning Administrator Attachment: Administrative Appeal Application CC: 5985 COLEMAN ROAD LLC 5985 Coleman, Road Roanoke, Virginia 24018 COMMUNITY DEVELOPMENT 5204 Bernard Drive, Second Floor, P.O. Box 24800 Roonoke, Virginia 24018-0798 TEL' [54oj 772-2080 FAX: [5401776-7155 Page 1 of 10 James Johnson - Re: [EXTERNALI - Re: 5985 Coleman Road FOIA email 3 of 8 EL -1700242 From: James Johnson Ta: - nate: Subject: Cc, Peter Lubeck 3/34t2418 3:40 PM Re: [EXTERNAL] - Re; 5985 Coleman Road FOIA email 3 of B EL -1700242 Greg St. Ours; Heather VanLdar; John Murphy; Stan Seymour Mr. Lubeck: We would like to thank the Zoning Administrator (Mr, Murphy) for his letter referenced below in response to Mr. Seymour's questions pertaining to Southwest Virginia Wildlife Center's (the "Clinic") development of its real estate (the "Property"). We currently have three points from the letter for which we seek clarification: I) The letter states that with regard to ascertaining proper setback restrictions, the "front property line for the Property is the common property line (309.93' in length) between the (Clinic's] Property and the adjacent parcel.. -addressed as 5960 Coleman Road." We ask that the Zoning Administrator please clarify the minimum setback requirement for the Property's front line regarding each of the following structures: (a) the proposed raptor building (for which Mr. Murphy determined a special use permit must be approved), (b) the partially constructed building (for which Mr. Murphy determined a special use permit must also be approved); and/or (c) other cages located on the Property within the setbacks (for which it appears no special permit was approved). At minimum, please provide the governing code section. 2) As mentioned in #1(a) and (b) above, Mr. Murphy's letter states that due to the lack of proper road frontage, the proposed raptor building and the partially constructed building must be approved via a "Special Use Permit". Please provide the code section or other authority on which Mr. Murphy bases this determination. As mentioned in his February 27, 2018 letter to Mr. Murphy, Mr, Seymour does not understand why the proper procedure for such a project would not be "Variance", rather than "Special Use Permit", in light of the fact that such a request appear to require a modification of the road frontage ordinance. 3) As mentioned in #1(c) above, and as per my letter to you of last week, my client believes there appears to be currently several animal cages already constructed on the premises without permits, We ask that the Zoning Administrator please clarify whether such structures should have required the same approval procedure under the authority on which you base your determination (Le. the answer to #2 above.) We appreciate the time and consideration Mr, Murphy, you, and staff have given these requests, My client reserves all rights regarding this matter, including appealing the determinations made in your Ietter dated March 30, 2018 and any clarification thereof. Regards, Jim Johnson EXHIBIT file :///C:/Users/jjohnson/AppDatalLocal/Temp/XPgrpwise/5ABE5A5I WAVJD0MWAW_P... 6!812018 *,t o�tti tr of �o nohe DEPARTMENT OF COMMUNITY DEVELOPMENT ntRECTQR, ARNOLD COVEY DEPUTY DIRECTOR QF DEVELOPMENT SERVICE8, TAREK MONEIR DEPUTY DIRECTOR OF PLANNING, PHIL{P THOMPSON March 30, 2018 Mr. Stanley A. Seymouu-, III 5942 Coleman Road Roanoke, Virginia 24018 RE: Written Zoning Determination for $985 Coleman: Road Tax Map Number: 096.08-02-03.00-0000 AIL Agricultural/Residential District 5985 COLEMAN ROAD LLC Southwest Virginia Wildlife Center Dear Mr. Seymour. 9LIILO ING PERMIT5f INSPEGTION5 DEVELOPMENT REVIEW ENGINEERING ENVIRONMENTAL MANAGEMENT PLANNING 4 ZONING TRANSPORTATION I have received your letter with additional information that was delivered to the Roanoke County Administration Center on February 27, 2018, Since the request pertains to a property not under your ownership or central I will also provide a copy of my written determination to the owners of 5985 Coleman Road (the "Property"), Your letter includes a request for zoning determinations related to the use of the Property. The first category of your letter was "Nonconforming Use." I understand your question to be whether the present use of the property (as a veterinary hospital/ clinic) is a nonconforming use. It is my opininn that the present use is Conforming. In 2014, the zoning adminimrator approved the use as a vctednety hospitall clinic. The construction of the proposed raptor building and partially constructed building on the Property will require a Special Use Permit, due to a lack of public road. frontage. The Special Use Permit is a public hearing process through the Planning Commission and Board of Supervisors. The second category of your letter was "Zoning", I understand your question presented in this section to be whether the present use is properly clamified as a veterinary hospital/ clini0, You specifically question whether the fact that animals stay at the fhollity overnight prevents the use from being thus classified. It is my opinion that the use is properly classified as a veterinaly hospital/ clinic use and that animals who remain at the facility overnight (whether indoors or outdoors) are not boarding, Although the term "boarding" is not defined in the County Code, I understand the term to refer to P.D. BOX 29000 , ROANOKE, VIRGINIA 24018 - PHONE (540) 772-2080 , FAX (540) 77 exmf 1 situations in which owners of domestic animals drop their anii-nals off at the facility for a set amount of time in exchange for a fee. In the situation at hand, the animals ►rho stay at the facility are not domestic animals and do not stay at the facility far a set amount of time in exchange for payment, All animals who stay overnight nt the facility are receiving veterinary care. There arc no boarding Activities conducted at the facility that are incidental to the medical treatment of wild animals. This conclusion is supported by the finding made by the Commonwealth of Virginia Department of Health Professions, Board of Veterinary Medicine. The license approved for the Property is a Veterinary Establishment, Wildlife Rehabilitation Center and has a specific restriction stating "No Boarding." The lost category listed in your letter is "Setbacks", I understand that your question pertaining to setbacks is regarding the location of the front property line. After cornducting extensive res onrch originating with information on the County CIS and then reviewing plat and deed information, it is my determination that the front pruperty tine for the Property is the common property Line (309.93' in length) between the Property and the adjacent parcel identified by Tax Map Number 096.08-02-44.00-0000, addressed as 5960 Coleman Road. This determination is diffeirr►t than what I advised you in our original discussion about this issue. PIease be aware that this written determination is issued by the Roanolce County Zoning Administrator_ Any person aggrieved by a written determination of the Zoning Administiator may appeal the decision to the Board of Zoning Appeals. Appeals must be made within thirty (30) days of the entry of the written determination which is the date o F receipt of this Ietter, Also please note that this written determination of the Roanoke County Toning Admimsbutor shall be final and unappealable if not appealed by the deadline noted in this letter f Sec 15,2-2311 Code of Val, It is the applicant's responsibility to submit a complete administrative appeal application within the required deadline in order for the appeal request to become valid. In additiun, there is a $275 administrative appeal application fee and required legal advertisement fees shall be the responsibility of the appellant. I will include an Administrative Appeal Application for your reference. Sincerely, John F. Murphy, CZA Zoning Administrator Attachment. Administrative Appeal Application CC; 5485 COLEMAN ROAD LLC 5985 Coleman, Road Roanoke, Virginia 2018 PA, BOX 29800 , ROANOKE, VIRGINIA 24018 k PHONE (546) 772-2080 k FAX (540) 776-7155 E z ~LWT Ln F- a Wdu uz LUa; Ull u i d u H a E fry► $ 1! 419 J �� 1, �►�, y � ��++,, z� t m fl d� IL�ot N � lorc r+�'sxanvrw • xtina nxrns�sou xlu 6 apt ' .v+r+1 �,dlpi'�.s:r�rrr�J t lfi' r• '6d F•Y Y+il'��'fe 4 iN9 � r p r+vs*�F�P 1�+��!4=m ¢t a3du'�e':: id f'1!J'SIPI 'd F1'+ -11f1 LN Nyf7�' ` +.r�,w�,n-r�,•�,•rll�a- Y�\ lilt 1111,011 1 V if 01, RESIDENTIAL PERMIT APPLICATION Roanoke County / Town of Vinton - Com munIty Develapment 5204 Bernard Dr. / P.Q. Box 29804 Phone 540-772-2065 Roanoke, VA 24018 Fax 540-77? 2108 Cho& 4Proprdue Boxes ❑ New Q Alteration ❑ Addition ❑ demolition Single Family ❑ Duplex ❑ Townhouse ❑ Mobile Horne Single Family lattachedi ❑ Accessory structure ,. Job Address. 5985 Coleman Rd ZSuddlyislon: nMnufacturer. Lath: rax "'0.098.08-02-03.Dd-444Q xan�ne: AR Ci R 6wnerb): 5985 Coleman Road LLC Phone: 540-798-8545 M*Ring Address Cd: Unfinished Basement Arc* (Sq. rt.l: same as adage 44a G E-mdk Z Appirant{irother than omsrkMutter Construction I Keith Roberts Phow 540-580-4771 � ApplltanlAddresr 1258 Chandler fid Goodview VA 24095 � 548-354.0883 (Sq. Ft.]: N Units: rn � �F ix; 1250 Chandler Rd Goodview VA 24095 EKrtaNr haroberW84grnallmom Z Slate ucarua N: Expiration Hate: County Ucensa N. Gan bol Storage Old. (Sq. Ft.). 2705078736 08131/2017 100026054 Briefly, but thwoughN, describe the proposed wamic. You may attaeh addltiawl eiawta If neons r. Convert covered screened in carport Into uaebie apaea with also and plumb Heat Source ® Heat Pump ❑ Gas ❑ Electric ❑ wood Stove Solar LJ Qther _ Water Source H Public Water Weil Sgwaita ❑ Public Sewer ❑ septic I hereby certify that I am the owner of the record of the herein described property, or that the proposed work has been authorized by the owner of record and that I that I have been a make this application as a designated agent. I agree to conform to alt applicable state an regulations, rules and policies and such shall be deemed a condition entering into the ex permit. In addition, If a permit Is Issued, l certify that the code official or his authorized r W Budding Hetehe a Ftwl*ees: ,. UYIn;Area (Induda Fln. Baseraerul (Sq. Ft.]: 0 Bedrooms: nMnufacturer. r � r3anec Area ISq. Ft.]: M Full eattu0ondr Est. Cost: Unfinished Basement Arc* (Sq. rt.l: N half Bathroom 44a G Carport Are* (Sq. FL]: N Strcdes: UZ a ZDetkAres (Sq. Ft.]: N Units: rn Covered Parch (Sq. Ft.)- Foundation 8 ❑ Siab a' ❑ crawl Gan bol Storage Old. (Sq. Ft.). ❑ Basement Heat Source ® Heat Pump ❑ Gas ❑ Electric ❑ wood Stove Solar LJ Qther _ Water Source H Public Water Weil Sgwaita ❑ Public Sewer ❑ septic I hereby certify that I am the owner of the record of the herein described property, or that the proposed work has been authorized by the owner of record and that I that I have been a make this application as a designated agent. I agree to conform to alt applicable state an regulations, rules and policies and such shall be deemed a condition entering into the ex permit. In addition, If a permit Is Issued, l certify that the code official or his authorized r W ® Single -wide (under ivi Double -wide ,. ❑ TIIp(e-wide nMnufacturer. r � year. ? Est. Cost: = Estimated cost should Include all elecWcA plumbing, and mechanical work. K Including equipment, ra labor, overhead and oroilt. EXHIBIT tlmated Cost: 38.000.00 shall have the authority to enterthe ares(s) described herein at any ressonebie hour for of enforcing the proviSi ns of the applicable c eL41— r' rKMA E USE ONLY Signature: -' J r Date: 5 312017 ❑ VES f, KQ yol I'l cutsld4 A I;t�IrS$�lfirlonr; ark, not -'x 'ct �rrrrrrr,�rr rrr I 'r; Bird room plan 2 Tl 1 Water Foy ro Jr n 71rdce t.,;;r @�IlfplilsRE �helvts !i 'Iv+.. tear to �• , �� � irnat sk,n Whitt. board on IPll 1, LI! :,hoIV- I incubator shOf taltd s}1'�1V�S ilu'ub,,i,af sltrl€ ' Nur: _iy • �„cur�atar T r• 7tnE int 61 rd shelfE`Ebin shelves T SAW wilam rte,,/. rte: StEaragk. Multi-purpose r:.ryrlln.� ICU, wet F � 11{iii, I fear s room, raptors, es. frv4a�.r storage Plan 2A €Urniture. upper lv N': ':Sbinets sink: Waor fowl •- Wet area door to _,- outside F.,td 2e sink P, ' C«hiRnl w wat, -r tu4, I tufa ' I r Southwest Virginia Wildlife Center May 15, 2018 To Whom It May Concern, ofRoanoke FJiHIBIT The goal of the Southwest Virginia Wildlife Center is to treat Injured, orphaned, and sick wildlife in a manner that they will be successful when returned to the wild. There are many steps involved In achieving this goal. We treat many raptors (birds of prey) with fractures and soft tissue injuries that require veterinary care followed by rehabilitation. It Is pointless to repair fractures and treat wounds without providing the physical therapy and flight conditioning necessary for the birds to be successful in the wild. likewise, attempting rehabilitation without addressing the medical issues world be futile. Veterinary care and rehabilitation go hand in hand In giving these birds the best chance at recovery. When raptors are taken Into captivity, they rapidly lose muscle and soft tissue strength as well as flexibility. The stress of being Indoors and handled can slow the healing process. Once their medical Issues are addressed, it's critical that physical therapy and rehabilitation begin almost ImmedlateIV In order for the birds td regaln the strength and flexibility needed for flight and hundng food. To minimize stress and pain, physical therapy is usually performed under anesthesia Initially. Then the birds are moved Into Increasingly larger avlarles where they are encouraged to fly, thus, giving themselves physical therapy and �onditioning without the stress of being handled. The oval raptor flight building the 5WVWC hopes to build will provide the space needed for the larger species to complete their recovery. The shape of the structure will allow. the birds to fly'continuousiy, thus, shortening the time to release. In the past, we've had to transport the larger raptor species to another facility tWo hours away for flight conditionlfig, which can be a very stressful experience for the birds. In,2017, we treated 49 large raptors. Most would have benefited from onsite flight conditioning. Having an oval raptor flight building will provide the corrtinuum of care needed to give the raptors every opportunity to heal and be released back to the wild. 5985 Colemm Road Roatlolm, VA 24018 swvawildtif6aenter�,7a pvA.com. Mail Line: 540,798.9836. www.mvawildfifecenter.org The property located at 5985 Coleman Road Is currently zoned AR and falls under Article Ili -District Reguiatio ns, Section 34.3.2. Ali Agricultural/Residential District Permitted Uses. (A) Commerclal Uses - Veterinary Hospital/Clinic, The bullding located at 5985 Is currently used as a Wildlife veterinary Cilnlc. The nonconforming development an the 2.85 acres Nis within the applicable use and design under the District regulations Sectlon 30-23-5- !Nonconforming lots of Record. Expanslon Is allowed providing the county reviews and grants a special use permit set forth In the standards and procedures contained in Section 30-19 of this ordinance. The impact on the property at 5985 Coleman Road Is minimal. The.proposed primary Raptor building will 'be sfluated beyond the set back fine stated In 30-34-3 Site Development Regulations. The building w411 also be located over 31 feet behind the building line. The selected location will be 31 feet from the side yard meeting the ragulatlgn. The helght is 20 feet which is Jess than the maximum of 45 feet in height per the regulations. The total building coverage, Including accessory structures, Is appr'oxlmately 6.5% which remain well below the maximum allowable (2.5%) byzonfng code for this district. Additionally, the total proposed lot coverage Is approximately 14,8% which also remain well below the maxim urn' allowable (50%) by zoning code farthis district. Tree totols are based off the total surveyed lot acreage of 2,854 acres (124,327s.f ). The Impact•to allow the wildlife center's expanslon of a primary building Is minimal. As stated in the above paragraph the building meets all requirements, and is smaller than the allowed size. The bulldlrl;g Is a state of the art design, becoming an asset to the Roanoke County and the community. The request for a building Is necessary to lessen the time needed to rehabliftate raptors, and the time each hawk or owl spends at the veterinary center, it allows far multiple species to receive necessary flighttlme'at the same time, building pectoral muscles and stamina for release and'returnfng vital wildlife much quicker to their original habitat and allowing the species to continue to flourish. Impacting the private well on the property will Increase only slightly, raptors are not large consurpers of water, typically they only bathe,.and the wildlife Is already In our care at the center. A fence was added on one side of the driveway nearest the.closest adjoining neighbor after we opened to lessen the view. These neighbors actually expressed how disheartened they were when the fence was placed between our properties; they actually expressed a desire to watch our rehab efforts,, especially after the numerous Improvements made to the site and bulldlpg. Roanoke county Anlrnal Control, Conservation Officers and the Police Department will still be able to use our facility as they da now, for dropping aff Injured or orphaned wildlife in need of our services. The wilidlife center greatly b+eneffts the envlronment..Co'unty, Parks, and Greenway with our release of species In decline, The center's rehab of endangered, threatened and migratory species has a profound effect on our environment and well- being. Southwest Virglnla Wlldllfe Center of Roanoke is an assetthat fear localities have. The public's .need far wildlife care has been met end dally, their gratificatlon is expressed for ourvoiunteerwork and hours provided free for the community. The center provides invaluable education programs to the area elementary and middles schools, churches and civic groups and is ln.constant and growing demand, teachJng the youth about their environment and wildlife and coexisting. EXHIBIT When an Injured or orphaned wilts animal Is admitted the patient is placed in an appropriate nixed containment. Depend on the needs the animal may be -placed rri ICI! for Intensive treatment and possible surgeryt x-rays. The animal is moved to the appropriate room to be housed with similar species. Once the animal is at the proper stage (age) or eating on Its own, it is then placed outside In appropriate sized building for that specias to ffocidsh, while gaining strength for release. This stags is hecemary fur the aritinal's viability in nature, Once the patient is deemed releasable by the staff veterittarlary or the Category 111, they are taken back to the locatlon of rescue or a suitable he Mat for release; returning needed and declining species that help decrease ourfoot print on our envfronmantand the cycle of the. Different sized bulldings arre'required for different.specles. We do not place a auteo (one species of hawk) In a 1V X IV cage; it requires an area larger than Its wing span to strength pectoral muscles required for capturing small malnmals and rodents. We following building requirements setforth by the VDGiF and USMAiS, , i � ' The Special Use Is In accordance with the current and approved use ofthe property at 5985 Coleman Road. Requesting a special use permit fora primary building to house raptors will allow the center to properiy exercise native species and return them to their proper habitat In a timely manner. The building is less than what the Speclel Use Permit allows, The building will be bullt by a Class A contractor. This property was vacant and in need of many repairs when purchased in 2013, The center continually maintains the grounds and building, In 2017 the center was awarded Federal Money from an environmental lawsuit against a local company. The United States Attorney then selected our center as beneficiary, due to our work with raptors. Precedent was set In State of Virginia when the center was awarded the Pederal funds for Capital lmpravements to the veterinary clinic. The government felt the money for the damages Inflicted in our area, should stay here.. The addition of a raptor building Is In the best Interest of the community, assuring the County of Roanoke is Investing In the diverse and threatened wildlife needed to sustain a healthy environment in Roanoke County. The wildlife veterinary center is vital to'the County of Roanoke community, providing necessary help and solutions to wildlife conflict. The building will not be detrimental to the surrounding community. The property at 5J85 Coleman Road has been in use os a AMIdlife veterinary Center since 2014, serving the community, recelving wildlife floss the public of Roanoke County, Animal Cohtrol to Conservation officers In need of our services. The building will be high quality, enhancing the wooded and natural look of the property currentlyZened AR. Height of 20 fleet Is fess than the allowed.45 feat per, the regulations and less than a two story (some. The center at 5985 Coleman Road Is located at the and of Coleman Road. The addition of a bullding of this quality will notaffect any adjoining'propertles. The center's acreage Is surrounded on three sldes by propertles zoned AR with outdoor building on each. one side is a residential area and a privacy fence f was placed between these propprtles, Supporting the request, Southwest Virginia Wildlife Center of Roanoke went to extra steps to acquire plats for a quality and ecstatically pleasing building. The cost to build this building exceeds $82,000.00, and the center has made applications for grants and prlvata funding to complete this state of the art building. $55,404,00 has been granted to begin the building and the public is already sending In donations ear marked for this project. Plans were selected with care to make this a professional end quality project that will not affect any surrounding areas. Adjacent properties have outdoor buildings and sheds that do not reflect the high standard or appearance of this building. . EXHIBIT r March 8, 2018 To Whom It.MayConcern: The Southwest Vir'grnla Wildlife Center provides veterinary. care and rehabllltation for Injured, orphaned, and sick native wildlife As the veterlriarlan of record fpr th. R facility, it Is my responsibility to see that we provide the pest medical care possible within the constraints, of our resources. That includes from the time an animal Is adMitted to aur facility uptil It Is released padk to the wild, transferred to, another permitted facility; or humanely euthah12ed. In captivity, wild anirnals riot only have to endure the extent of thele injuries, but also the stress of being vulnerable,to predatom (the humans who are trying to help therm). BIrds'have a high rate of metabolism compared to tarrmma.fa;. They lose muscle tone acrd stamina rapidly as a result of'be1ngin captivity. Song birds must be able to evade predators artd the prAdaFtors such as raptors (blrft of prey) have to be able. to catch prey to survive. As a result, the flight conditionifiig to increase strength'and stamlba Is an essential part -of the medical treatment•that we, meed .10 provide. Southwest Virginia Wlldlife Center needs a large raptpr flight building to give our petients.the pest -chance possible at returning to -the wild.by providing the f necessary flight conditlflnsty strengthen muscle'tone and Improve stamina. It would also provl'de-a large pt ough space to determine Ifthe. rapters can hunt, We only release birds who can sustain appropriate. flight fortheir species .and rho cart heed themselves successfully. Vi rel'y, ��/0 V ,�Jt'7'7 Diane: H. D'Orazlo, DV Southwest Virginia Wildlife Centel" 5985 Coleman Rd. Roanoke, Va. 240.5' Work:. $40-7:98-98313. Cell; 540-797-9885 FJLHIBIT � a0. � iq x V Lw r cd � 0 u CLq w QaJ LLJ W u q uj Ln � a0. � iq x V Lw r cd � AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 ORDINANCE GRANTING A SPECIAL USE PERMIT IN AN AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO CONSTRUCT BUILDINGS ON A PARCEL WITHOUT PUBLIC ROAD FRONTAGE, AT 5985 COLEMAN ROAD (TAX MAP NO. 096.08-02-03.00-0000), IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, since 2014, Southwest Virginia Wildlife Center of Roanoke, Inc. (SVWC) has operated a veterinary hospital/ clinic at 5985 Coleman Road (Tax Map No. 096.08-02-03.00-0000), a 2.85 acre parcel in the Cave Spring Magisterial District; and WHEREAS, Section 30-23-5(B) of the Roanoke County Code requires that on parcels without public road frontage, a special use permit must be obtained prior to new development or expansion of existing structures; and WHEREAS, SVWC desires to construct additional structures, including a raptor rehabilitation structure, on the property, and have petitioned for a special use permit; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2018 and subsequently recommended approval of the special use permit, with conditions; and WHEREAS, the first reading of this ordinance was held on August 28, 2018, and the second reading and public hearing were held on September 25, 2018; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. The Board finds that the granting of a special use permit to allow construction of additional structures at 5985 Coleman Road (Tax Map No. 096.08 -02 -03.00 - Page 1 of 3 0000), a 2.85 acre parcel in the Cave Spring Magisterial District, meets with the requirements of Section 30-19-1 of the Roanoke County Code; the proposed use conforms with the standards set forth in article IV, use and design standards, and further conforms with the following general standards: a. The proposed use is in conformance with the comprehensive plan of the County, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and with official County policies adopted in relation thereto, including the purposes of the zoning ordinance. b. The proposed use will have a minimum adverse impact on the surrounding neighborhood and community; 2. The Board grants a special use permit to allow construction of additional structures at 5985 Coleman Road (Tax Map No. 096.08-02-03.00-0000), a 2.85 acre parcel in the Cave Spring Magisterial District, subject to the following conditions: a. The site shall be developed in general conformance with the document submitted with the petition, titled "Exhibit "A" Special Use Permit Concept Plan - Roanoke Wildlife Rescue" prepared by Lumsden Associates, P.C., dated April 25, 2018. b. A double row of large evergreen trees shall be planted along the western property line from the existing driveway to the existing vegetation shown on the Special Use Permit Concept Plan, which is approximately 100 Page 2 of 3 feet. The large evergreen trees shall be a minimum of 6 feet tall above grade when planted and shall be spaced 20 feet on center. 3. That this ordinance shall be in full force and effect upon its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 ACTION NO. ITEM NO. P.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: September 25, 2018 Resolution amending the County's Comprehensive Plan by incorporating the 2018 Roanoke Valley Greenway Plan SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Public hearing and adoption of a resolution to incorporate the 2018 Roanoke Valley Greenway Plan into the Roanoke County Comprehensive Plan. BACKGROUND: Over the past two years the Roanoke Valley Greenway Commission, in collaboration with Roanoke Valley Allegheny Regional Commission and other locality staff, has worked to update the 2007 Conceptual Greenway Plan. The goal of the update was to provide a status report for greenway routes; to demonstrate the importance of off-road and on -road routes which tie neighborhoods and communities to the larger greenway network; to document the Commission's progress on its 10 -year goals; and to incorporate Botetourt County, a new member of the Greenway Commission. The Plan incorporates a variety of public input on four major themes: a regional vision for the greenway network, a neighborhood vision, route options for the Tinker Creek Greenway, and Operations and Management. Community meetings were held at six locations across the Valley in the spring of 2017, involving over 200 members of the public. An online survey open during this period received 542 responses. A steering committee met frequently with locality staff, locality greenway teams and the Greenway Commission over the next year. Finally, the Greenway Commission held a plan reveal meeting with over 100 attendees and received comments on the Plan in the spring of 2018. Page 1 of 2 DISCUSSION: The Greenway Commission officially adopted the Plan on June 27, 2018. The Roanoke County Planning Commission held a work session on the Plan on May 15 and a public hearing on September 4. No citizens spoke during the public hearing. The Planning Commission recommends that the Board of Supervisors adopt a resolution to incorporate the 2018 Roanoke Valley Greenway Plan into the Roanoke County Comprehensive Plan. The Board of Supervisors held a work session on September 11th to review and discuss the Plan. The other four Greenway Commission localities are also taking similar steps to adopt and support the 2018 Roanoke Valley Greenway Plan in September. FISCAL IMPACT: OM STAFF RECOMMENDATION: Adopt the resolution amending the Roanoke County Comprehensive Plan to incorporate the 2018 Roanoke Valley Greenway Plan. Page 2 of 2 i-�j - v+ , eye.. • - ~�'��� l-� '�� ' Ilea ...��.r =Cyt.:• m,���c_m yi Ro nall ke V A- Imwa p f BOTETOURT OINg enuu*v nr viaciu in 1��, `� 1.�T � �t •�i7r� ll 4. i' �1a. • w� d.ti�fl• BOTETOURT OINg enuu*v nr viaciu in Cover Photo by Dave McCoy: Roanoke River Greenway 2018 Roanoke Valley Greenway Plan Approved by: Roanoke Valley Greenway Commission June 27, 2018 Signed by: Arthur L. LaRoche, III Chairman, Roanoke Valley Greenway Commission Produced by Roanoke Valley Greenway Commission and Roanoke Valley — Alleghany Regional Commission In cooperation with City of Roanoke, City of Salem, Botetourt County, Roanoke County, and Town of Vinton ExECUTIVE SUMMARY In 2017 the Roanoke Valley Greenway Commission celebrated its 20th anniversary and began looking ahead to plan for the future. The Greenway Commission has developed this 2018 Plan in conjunction with the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, the Town of Vinton, and the Roanoke Valley -Alleghany Regional Commission, taking into account progress and changes since 2007 and looking at specific goals and direction for the next ten years. The 2018 Plan includes off-road and on -road routes, recognizing the need to tie neighborhoods to the bigger network to promote a bikeable and walkable community. While many miles of greenways and trails are now built, many routes are still conceptual and represent a vision for a comprehensive greenway network. This 2018 Plan provides an update on the status of greenway routes, documents progress meeting goals established in 2007, and incorporates Botetourt County, a new member of the Greenway Commission, into the planning process and vision. The Plan incorporates two rounds of public comments, as well as staff perspective. Several developments and issues emerged during the update process. • Greenways have become important to the economic vitality of the region, supporting tourism, recruitment, redevelopment, festivals, fitness and a healthy environment. Greenways are the core infrastructure for the region's brand, Roanoke Outside. • Greenways and trails are the face of the region for many visitors and potential businesses and thus should be well marked and well maintained, providing a pleasant and rewarding experience for all. • Citizens want a bikeable and walkable community, and need expanded signage and on -road facilities to provide connectivity between greenways, neighborhoods, and other destinations. • All user groups need to practice common courtesies, good greenway etiquette, and safe usage practices. • The growing greenway network requires increasing maintenance budgets to maintain service. The vision for the Roanoke Valley Greenway network is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north -south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley. The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on -road facilities. Implementation of this plan will require continued cooperation among the many partners and will offer opportunity for all of the community to be involved. The vision of finishing the Roanoke River Greenway has been a resounding theme echoed from the citizens and corporations, but the residents of the valley are looking beyond Roanoke River to the next projects and total connectivity. The dream of having a greenway network that provides facilities for transportation to work, recreation, health, and social gatherings is laid out herein and challenges all partners to focus efforts on implementation and incorporation of greenways in development. 2018 Roanoke Valley Greenway Plan Page i AcKNOWLEDGEMENTE This Plan was developed by the Roanoke Valley Greenway Commission, working in conjunction with its five member localities, with the assistance of the Roanoke Valley — Alleghany Regional Commission. Special thanks to the following people who assisted during the process: Robert Beatty Botetourt County GIS Analyst and Greenway Commissioner Liz Belcher Roanoke Valley Greenway Coordinator Warren Clark Botetourt County Greenway Commissioner Megan Cronise Roanoke County Principal Planner and Greenway Commissioner Bailey DuBois Roanoke County Planner II and Greenway Commissioner David Holladay Roanoke County Planning Administrator Dee King City of Salem Greenway Commissioner Bud LaRoche Town of Vinton Greenway Commissioner Ursula Lemanski National Park Service, Rivers Trails and Conservation Assistance, Virginia Projects Manager Anita McMillan Town of Vinton Planning and Zoning Director and Greenway Commissioner Amanda McGee Roanoke Valley - Alleghany Regional Commission Regional Planner Jerod Myers Botetourt County Planner and Greenway Commissioner Renee Powers City of Roanoke Trails and Greenways Supervisor Lee Osborne Transportation Planning Organization Representative and Greenway Commissioner Frank Simms Roanoke County Greenway Commissioner Ben Tripp City of Salem Planning Director and Greenway Commissioner Donnie Underwood City of Roanoke Parks and Greenways Planner and Greenway Commissioner Lindsay Webb Roanoke County Parks Planning and Development Manager and Greenway Commissioner Page ii 2018 Roanoke Valley Greenway Plan TABLE OF CONTENTS ExecutiveSummary ...................................................................................................................................................... i Acknowledgements...................................................................................................................................................... ii Tableof Contents........................................................................................................................................................ iii Figures& Tables......................................................................................................................................................... iv Glossary of Acronyms & Abbreviations....................................................................................................................... vi Chapter1 Introduction............................................................................................................................................... 1 1.1 Purpose of This Update......................................................................................................................................... 1 1.2 History of Greenway Planning in the Roanoke Valley............................................................................................ 1 1.3 Changes and Growth in the Region....................................................................................................................... 2 1.4 Vision for the Future of Greenways and Trails........................................................................................................2 Chapter 2 Status of the Roanoke Valley Greenway Program................................................................................ 3 2.1 Greenway Partners................................................................................................................................................ 3 2.2 Progress on Greenway Planning, Construction, and Funding............................................................................... 5 2.3 Addition of Botetourt County.................................................................................................................................13 2.4 Review of Goals, Objectives, and Strategies........................................................................................................15 Chapter 3 Community Input and Issues................................................................................................................ 21 3.1 Greenway Plan Update Process.......................................................................................................................... 21 3.2 Public Input and Discussion................................................................................................................................. 22 3.3 Key Issues and Recommendations...................................................................................................................... 24 3.4 Other Takeaways................................................................................................................................................. 27 Chapter4 Greenway Network................................................................................................................................. 29 4.1 Prioritization of Greenways.................................................................................................................................. 29 4.2 Greenway Routes................................................................................................................................................ 33 Chapter 5 Regional Transportation Connections................................................................................................. 71 5.1 Other Regional Plans........................................................................................................................................... 71 5.2 Recommended Connections............................................................................................................................... 72 Chapter 6 Goals, Objectives, and Implementation Strategies............................................................................. 85 Appendix A Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission Appendix B 2017 On-line Survey Questions and Responses Appendix C Public Input from 2017 Community Meetings Appendix D Public Response to Draft 2018 Plan Appendix E Tinker Creek Greenway Conceptual Plan Appendix F Web Sites for Referenced Documents and Organizations Appendix G Bibliography of Design Standards Appendix H 2018 Greenway Plan Network Map 2018 Roanoke Valley Greenway Plan Page iii FIGURES Figure 2-1 Roanoke Valley Greenway Commission Service Area 3 Figure 2-2 2007 Plan Map of Proposed Greenway Network 9 Figure 3-1 Destinations and Priorities Identified by the Public 23 Figure 4-1 Blueway Routes 31 Figure 4-2 Birding and Wildlife Trails in the Mountain Region of Virginia 36 Figure 4-3 Carvins Cove Trail Network: Map of Existing Trails 41 Figure 4-4 Catawba Greenway: Map of Existing and Proposed Sections 42 Figure 4-5 Explore Park Map of Existing Trails 45 Figure 4-6 Green Hill Park: Map of Roanoke River Greenway and Other Trails 47 Figure 4-7 Greenfield: Map of Trails at Botetourt Center and Greenfield Park 48 Figure 4-8 Hanging Rock Battlefield Trail Map 49 Figure 4-9 Havens Wildlife Management Area Map 50 Figure 4-10 Mason Creek Greenway Phase III: Proposed linkages between existing sections 55 Figure 4-11 Mill Mountain Greenway Map 57 Figure 4-12 Mill Mountain Park Trail Map 59 Figure 4-13 Mudlick Creek Greenway at Garst Mill Park 60 Figure 4-14 Murray Run Greenway and Fishburn Park Trails 61 Figure 4-15 Poor Mountain Preserve Trails 62 Figure 4-16 Read Mountain Preserve Trails 63 Figure 4-17 Roanoke River Greenway Status Map 66 Figure 4-18 Tinker Creek Greenway Study Area 68 Figure 5-1 Recommendations from the Bikeway Plan for the Roanoke Valley Area MPO, 2012 72 Figure 5-2 Map of Multimodal Centers and Districts, Regional Pedestrian Vision Plan, 2015 74 Figure 5-3 2018 Greenway Plan Regional Connectivity Map 76 Figure 5-4 Botetourt County Connections 77 Figure 5-5 City of Salem Connections 78 Figure 5-6 City of Roanoke Connections, Northwest 79 Figure 5-7 City of Roanoke Connections, Central and Southwest 80 Figure 5-8 Northern Roanoke County Connections 81 Figure 5-9 Southern Roanoke County Connections 82 Figure 5-10 Town of Vinton Connections 83 TABLES Table 2-1 Plans with Greenway Components, Adopted since 2007 6 Table 2-2 Growth of the Greenway Network, Comparative Mileage 7 Table 2-3 Status of Greenway Routes in the 2007 Greenway Plan as of 12/31/2017 8-9 Table 2-4 On -Road Bicycle Accommodations Built by 12/31/2017 11 Table 2-5 Grants and Allocations for Roanoke Valley Greenways 13 Table 2-6 Existing Trails Incorporated into the Greenway Network with the Addition of Botetourt 14 County Table 2-7 Progress on 2007 Goals, Objectives and Strategies 15-17 Table 2-8 Progress on 1995 Goals, Objectives and Strategies 18-19 Table 4-1 2018 Roanoke Valley Greenway Network 32 Table 4-2 Birding and Wildlife Trail Routes in the Region 36 Table 4-3 U. S. Forest Service Trails within the Roanoke Valley Greenway Service Area 52 Page iv 2018 Roanoke Valley Greenway Plan Table 4-4 Status of Roanoke River Greenway 64 Table 5-1 2006 Rural Bikeway Plan Recommendations 73 Table 5-2 Multimodal Districts and Centers without Direct Greenway Intersections 75 Table 5-3 Recommended Connections to the Greenway Network, Botetourt County 77 Table 5-4 Recommended Connections to the Greenway Network, City of Salem 78 Table 5-5 Recommended Connections to the Greenway Network, City of Roanoke 79 Table 5-6 Recommended Connections to the Greenway Network, Roanoke County 81 Table 5-7 Recommended Connections to the Greenway Network, Town of Vinton 83 Table 6-1 Implementation Strategies 2018 85-89 2018 Roanoke Valley Greenway Plan Page v GLOSSARY OF ACRONYMS A AEEREVIATIONE 1995 Plan Conceptual Greenway Plan, Roanoke Valley, Virginia, December 1995 2007 Plan 2007 Update to the Roanoke Valley Conceptual Greenway Plan 2018 Plan 2018 Roanoke Valley Greenway Plan AASHTO American Association of State Highway and Transportation Officials ATC Appalachian Trail Conservancy BRP Blue Ridge Parkway CEDS Roanoke Valley Area Regional Comprehensive Economic Development Strategy CPTED Crime Prevention through Environmental Design DCR Virginia Department of Conservation and Recreation DGIF Virginia Department of Game and Inland Fisheries Greenway Commission Roanoke Valley Greenway Commission MPO Metropolitan Planning Organization NBATC Natural Bridge Appalachian Trail Club NPS -APPA National Park Service, Appalachian National Scenic Trail Pathfinders Pathfinders for Greenways, a non-profit support group RATC Roanoke Appalachian Trail Club Regional Commission Roanoke Valley — Alleghany Regional Commission RIMBA Roanoke Chapter of International Mountain Bicycling Association RSTP Regional Surface Transportation Program, a funding source for regional projects RTCA Rivers, Trails, and Conservation Assistance Program of the National Park Service RVARC Roanoke Valley - Alleghany Regional Commission RVTPO Roanoke Valley Transportation Planning Organization TA Transportation Alternatives Funding, formerly called Transportation Enhancements TTC Transportation Technical Committee (of the RVTPO) USFS U.S. Forest Service (of the U.S. Department of Agriculture) VDOT Virginia Department of Transportation WMA Havens Wildlife Management Area WVWA Western Virginia Water Authority Page vi 2018 Roanoke Valley Greenway Plan 1. INTRODUCTION 1.1. PURPOSE OF THIS UPDATE In 2017 the Roanoke Valley Greenway Commission celebrated its 20th anniversary and began looking ahead to plan for the future. This document provides a review of the 2007 Update to the Roanoke Valley Conceptual Greenway Plan (2007 Plan) and a look forward to the next decade. The purpose is to document progress towards goals identified in previous plans, to consider additional routes and issues, and to incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. 1.2. HISTORY OF GREENWAY PLANNING IN THE R®ANOKE VALLEY John Nolen first proposed "greenways" for Roanoke by including parkways along the river and streams in the 1907 and 1928 City of Roanoke comprehensive plans. Today's greenway program began with completion of the Conceptual Greenway Plan, Roanoke Valley, Virginia in December 1995 (1995 Plan). The 1995 Plan was developed under the direction of a regional Greenways/Open Space Steering Committee of citizens and planning staff meeting at the Fifth Planning District Commission (now called the Roanoke Valley -Alleghany Regional Commission, hereafter referred to as the Regional Commission) and included 51 routes, 24 of them off-road and 27 on -road. The 1995 Plan led in 1996 to hiring a greenway coordinator, forming an independent land trust, and establishing a non-profit friends group called Pathfinders for Greenways. In 1997 the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton signed an Intergovernmental Agreement setting up the Roanoke Valley Greenway Commission (hereafter referred to as the Greenway Commission) to steer the program and adopted the 1995 Plan into their comprehensive plans. Construction was not far behind, and the first greenway segment opened at Garst Mill Park in August 1997. In the early years, the Greenway Commission and localities focused on projects that were possible on existing public land or in conjunction with other infrastructure improvements. In developing the 2007 Plan, which documents those early developments, the Greenway Commission used a consultant to help analyze the organizational structure and the way things were working, examining the roles and responsibilities of various partners. That led to revisions to the Intergovernmental Agreement to include locality staff on the Greenway Commission, as well as representatives from major partners like Pathfinders for Greenways and the Roanoke Valley Transportation Planning Organization (RVTPO). The 2007 Plan included a new prioritization of routes, with 35 off-road routes and trail destinations and with on -road routes included in the regional Bikeway Plan. This document, the 2018 Plan, is an update of the 2007 Plan. The Greenway Commission has developed this 2018 Plan in conjunction with the localities and the Regional Commission, taking into account progress and changes since 2007 and looking at specific goals and direction for the next ten years. The 2018 Plan once again includes on- and off-road routes, recognizing the need to tie neighborhoods to the bigger network to promote a bikeable and walkable community. While many miles of greenways and trails are now built, many routes are still conceptual and represent a vision for a comprehensive greenway network. Terminology: What is a Greenway? Greenways are linear parks, corridors of natural or open space: • following land or water features such as streams, rivers, canals, utility corridors, ridgelines, or rail lines and • managed for conservation, recreation, and/or alternative transportation and • including trails for pedestrians, bicyclists, and other trail users. 2007 Update to the Roanoke Valley Conceptual Greenway Plan 2018 Roanoke Valley Greenway Plan Page 1 1.3. CHANGES AND GRowTH IN THE REGION Since the 2007 Plan, the Roanoke region has truly embraced the greenway system. The Greenway Commission undertook the Bridge the Gap campaign, which culminated in over $13 million in private and regional transportation funds being allocated to Roanoke River Greenway. As Roanoke River Greenway has grown in length, more and more people have come to depend on it for daily needs, such as exercise, commuting, and special events. The vision of "Roanoke Outside" began to grow, with greenways and trails as the core infrastructure to access outdoor amenities throughout the valley. This push has led to an economy more focused on the importance of having a bikeable and walkable community with many outdoor recreation options nearby. The region has become a bicycling destination for both mountain bikers and road cyclists. The greenways are increasingly recognized as an important regional amenity, supporting redevelopment opportunities, attracting new businesses, aiding in employee and student recruitment, while encouraging housing construction, festivals, outfitters and tourism growth. In 2016, Botetourt County embraced this vision by joining the Greenway Commission, effectively doubling the geographic area of the greenway region. 1.4. VISION FOR THE FUTURE OF GREENwAVS AND TRAILS The proposed Roanoke Valley Greenway network is shown on the map included in this 2018 Plan, Appendix H, located inside the back cover. The vision is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north -south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley. The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on -road facilities. Construction of Roanoke River Greenway has supported redevelopment of adjacent facilities, such as the River House, Wasena Taproom, the Bridges, and, in 2018, a building at the 9th Street industrial park for residential housing. Photo by Darrell Powledge Page 2 2018 Roanoke Valley Greenway Plan 2. STATUS OF THE ROANOKE VALLEY GREENWAY PROGRAM 2.1. GREENWAY PARTNERS 2.1.1. Roanoke Valley Greenway Commission The Roanoke Valley Greenway Commission was formed in 1997 by an Intergovernmental Agreement among four local governments. With the update to the Greenway Plan in 2007, the Intergovernmental Agreement was revised, and it was revised again in 2016 when Botetourt County joined (Appendix A). The Greenway Commission is now comprised of five localities with three citizen members appointed by each of the participating governments, two staff appointees from each, one member appointed by the Roanoke Valley Transportation Planning Organization (RVTPO), one member from Pathfinders for Greenways, and non-voting ex officio members representing interested organizations. The purpose of the Greenway Commission is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. In accordance with the Intergovernmental Agreement, the Greenway Commission's responsibilities are to encourage incorporation of greenways into each jurisdiction's planning efforts, explore greenway opportunities, make recommendations on legislation, investigate funding and grants, recommend standards, pursue partnerships, and coordinate the efforts of the federal, state, and local governments involved. 2.1.2. Local Governments The greenway program is multi -jurisdictional, including the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton, and Botetourt County. The five jurisdictions help fund an office for the Greenway Coordinator on a per capita basis. The localities own and operate the greenways, and each has staff responsible for management and maintenance. The localities match capital grants within their respective jurisdictions, oversee planning and construction projects, and provide extensive staff time and in-kind services for greenway planning, construction, and management. When the Intergovernmental Agreement was adopted in 1997, the greenway movement in the valley was a new frontier. Over time each locality has developed internal processes and staff expertise to deal with many greenway issues, and thus over time the Greenway Commission's role has evolved. That role varies by jurisdiction, depending on the locality's needs and staffing. The Greenway Commission strives to be responsive in complementing the localities' programs and in finding resources to help meet localities' needs. Roanoke County Botetout! County Ancastle 0 Salem R,,nd Troutville Main Roads Virginia Towns Figure 2-1: Roanoke Valley Greenway Commission Service Area includes the City of Roanoke, City of Salem, Roanoke County, Town of Vinton, and Botetourt County. 2018 Roanoke Valley Greenway Plan Page 3 2.1.3.Pathfinders for Greenways Pathfinders for Greenways, Inc. (Pathfinders) is a 501(c)(3) grass roots citizen organization with a volunteer board united by the vision of establishing a first-class regional greenway system within the Roanoke Valley. The Pathfinders' purposes are to promote and encourage development of a greenway network, educate citizens and officials on greenway benefits and value, raise and receive gifts, donations and grants, organize volunteers to assist with greenway development and maintenance, and sponsor greenway promotional efforts. Pathfinders has been particularly effective in designing, building and maintaining natural surface trails, and it is due to their expertise and efforts that the 2007 Plan expanded the network to include "trail nodes," destination public lands with natural surface trails. Pathfinders' volunteers donate 5,000+ hours of service each year and have purchased over $100,000 worth of trail building equipment. 2.1.4. Supporting Organizations 2.1.4.1 Roanoke Valley -Alleghany Regional Commission The Roanoke Valley -Alleghany Regional Commission, or Regional Commission, is a state -established regional planning organization. It provides assistance to local governments for land use planning, transportation planning, mapping, project management services, and grant applications. The Regional Commission sponsored and facilitated development of the initial greenway plan in 1995, obtained a grant for the update in 2007, and has developed the regional bicycle plans. It has continued to provide greenway services, including mapping, web assistance, use counts, bicycle route assessment and planning, and open space planning. In addition, the Regional Commission office houses the Roanoke Valley Transportation Planning Organization (RVTPO), also known as the Metropolitan Planning Organization (MPO), a federally required body responsible for regional transportation planning in urbanized areas. The Greenway Coordinator serves on the Transportation Technical Committee (TTC) of the RVTPO, and the RVTPO has an appointed member to the Greenway Commission. 2.1.4.2 Virginia Department of Transportation The importance of the Virginia Department of Transportation (VDOT) to the greenway program has grown significantly since the 2007 Plan. From the beginning of the program, there have been "Enhancement" transportation grants that could provide funding for greenway construction. Other grant funds administered through VDOT have become available through the years, providing significant greenway funding. VDOT helps the localities understand grant requirements, comply with federal and state regulations, and meet environmental regulations. VDOT maintains the roads in the counties and has been the implementing agency for striping of bike lanes and installation of bicycle signage in those jurisdictions. 2.1.4.3 Other Partners The Intergovernmental Agreement allows ex -officio positions on the Greenway Commission. At this time, ex -officio members include the Western Virginia Water Authority (WVWA), Roanoke Regional Partnership, Blue Ridge Bicycle Club, Roanoke Chapter of International Mountain Bicycling Association (RIMBA), and Hollins University. The Greenway Commission has procedures for adding and removing members and reviews the membership annually. Other groups involved in greenways in the past include Roanoke Appalachian Trail Club (RATC), Appalachian Trail Conservancy (ATC), Western Virginia Land Trust, Valley Beautiful Foundation, Roanoke Valley Urban Forestry Council, Foundation for Roanoke Valley, and Greater Raleigh Court Civic League. Other neighborhood groups have been involved with specific projects, and citizens, corporations, and civic organizations are encouraged to be actively involved in greenway planning and construction. The Greenway program has received valuable assistance from Virginia Road and Transportation Builders Association, Boy Scouts, Girl Scouts, Roanoke Kiwanis Club, Salem Rotary Club, corporations, equine enthusiasts, and volunteers from Rotary, Kiwanis, Valley Area Shared Trails, Roanoke College, Virginia Tech, North Cross School, the Governor's School for Science and Technology, and Faith Christian School. The Greenway Commission has established important formal and informal connections to federal and state agencies. These include the Blue Ridge Parkway, National Park Service, Jefferson and George Washington National Forests, and Virginia Departments of Conservation and Recreation (DCR), Forestry, Transportation (VDOT), and Game and Page 4 2018 Roanoke Valley Greenway Plan Inland Fisheries (DGIF). The Greenway Commission and staff have assisted with statewide greenway conferences sponsored by DCR and with VDOT conferences and workshops, as well as providing advice to many jurisdictions interested in planning and constructing greenway systems. 2.2. PROGRESS ON GREENWAY PLANNING, CONSTRUCTION, AND FUNDING 2.2.1.Summary of 2007 Plan The 2007 Update to the Roanoke Valley Conceptual Greenway Plan (2007 Plan) included several components: an organizational analysis, a refinement of routes and their feasibility, and an assessment of the process of getting greenways funded and built. Using a grant from VDOT, the Greenway Commission and Regional Commission hired a consultant to complete a management analysis, develop alternative funding strategies, provide comparisons with other communities, and recommend implementation strategies. Two public input meetings were held, and the consultant conducted qualitative telephone interviews with key stakeholders, including elected officials, staff, and decision makers. The 2007 Plan addressed the issues raised at the public meetings and established Roanoke River Greenway as the #1 Priority. Much of the work done in the first ten years, exploring routes and their feasibility, played into the establishment of priority levels and recommended surfaces for all other projects. The 2007 Plan was adopted by each of the four local governments. Significant steps taken after the 2007 Plan to implement its recommendations were: • Revision of the Intergovernmental Agreement to include staff as voting members. • Inclusion of Roanoke River Greenway in the flood reduction project within the City of Roanoke. • Establishment and completion of the Bridge the Gap campaign to provide funding for construction of Roanoke River Greenway. • Application for and receipt of significant grants for construction, including American Recovery and Reinvestment Act (Stimulus), Open Container, Regional Surface Transportation Program (RSTP), House Bill 2, Smart Scale, and Transportation Alternatives funding. 2.2.2. Regional Changes Since 2007 2.2.2.1 Regional Vision and Development The landscape and focus of the Roanoke region have changed in the last ten years. Some of these changes are structural, as buildings have gone up or come down, others are economic as companies have moved out or in, and others are technological as things like smart phones have impacted the way people interact, the things they look for when selecting a job location, and the very branding of communities. Roanoke is no longer "a railroad town" but presents itself as appealing to outdoor enthusiasts; the Convention and Visitors' Bureau now promotes Virginia's Blue Ridge; and downtown living is popular in Roanoke, Salem, and Vinton. Buildings embody this changing landscape with the roof of the Taubman Museum facing 1-581, the Virginia Tech Carilion Medical School anchoring the Jefferson Street redevelopment area near Roanoke River, and the River House apartments and Wasena City Tap Room defining neighborhood redevelopment and re -use. In 2009 the Roanoke Regional Partnership, a regional economic development organization, recognized the untapped potential of the region's natural assets and initiated Roanoke Outside to leverage natural assets to attract investment and talent to the region. With the hiring of staff to promote this vision, the Partnership developed an extensive web site compiling information from multiple organizations to provide a comprehensive list of outdoor resources, trails, and outfitters. They began promoting the outdoors through weekly emails and events like Radical Reels and GO Fest. The Roanoke Regional Partnership recognizes the importance the greenway system plays in growing the regional economy and incorporates greenways into regional marketing. The greenways are viewed as a top selling point for the region, and the Partnership has fully supported the implementation of the greenway plans. During these changes, greenways have been increasingly recognized as important to attracting millennial employees, promoting health and wellness, contributing to an ecological mindset that helps address environmental issues, and providing a quality of life and facility that citizens can love. Greenways are now a target location for social 2018 Roanoke Valley Greenway Plan Page 5 interaction, with huge weekly pub runs, countless races and festivals, and numerous adjacent breweries. Greenways have become a training ground for athletes, a free gym, the place to walk your dog, the place to meet and greet your neighbors, and the thing to show to travel writers and economic prospects. The greenway infrastructure is supported by a growing network of on -road bike lanes and by bike share stations. 2.2.2.2 Relevant Plans As greenways have been built and citizens have become familiar with their benefits, the demand for more has risen. Advocates mention greenways at public meetings on a variety of topics, such as art, and push for greenways to be included in neighborhood and regional plans. Since the 2007 Plan was adopted, plans have been developed in all jurisdictions that incorporate greenway elements (Table 2-1). Table 2-1: Plans with Greenwav Components. Adopted since 2007 1 Botetouit County • 2007: Town of Buchanan Comprehensive Plan • 2010: Botetourt County Comprehensive Plan Update • 2010: Town of Troutville,Virginia Strategic Plan • 2011: Botetourt County Strategic Plan 2011-2015 • 2016: Botetourt County Board of Supervisors Strategic Priorities • 2016: Gateway Crossing Area Plan • 2017: Parks, Recreation, Greenways and Blueways Section of Botetourt County Comprehensive Plan City of Roanoke • 2007: Greater Raleigh Court Neighborhood Plan • 2007: Parks and Recreation Department Master Plan Update • 2008: City -Wide Brownfield Redevelopment Plan • 2008: Mountain View/Norwich Corridor Plan • 2008: South Roanoke Neighborhood Plan • 2009: Old Southwest Neighborhood Plan • 2010: Carvins Cove Natural Reserve Trail Management Plan • 2010: Loudoun-Melrose/Shenandoah West Neighborhood Plan • 2010: Melrose -Rugby Neighborhood Plan Update • 2010: South Jefferson Redevelopment Area, Amendment 1 • 2011: Arts and Cultural Plan • 2011, 2012: Countryside Master Plan • 2013: Evans Spring Area Plan • 2013: Roanoke Parks and Recreation Update to the 2007 Master Plan • 2017: Downtown Roanoke 2017 Plan Roanoke County • 2007: Roanoke County Comprehensive Master Plan for Parks and Facilities • 2008: Hollins Area Plan • 2008: Mount Pleasant Community Plan • 2009: Route 221 Area Plan • 2010: Vinton Area Corridors Plan • 2012: Glenvar Community Plan • 2016: Explore Park Adventure Plan • 2016: Roanoke County Community Strategic Plan • 2018: Draft 419 Town Center Plan (under review) City of Salem • 2012: Comprehensive Plan of the City of Salem, VA • 2016: Downtown Plan Town of Vinton/Roanoke County • 2010: Vinton Area Corridors Plan Town of Vinton • 2010: Downtown Vinton Revitalization Plan • 2016: Town of Vinton Urban Development Areas Blue Ridge Parkway • 2015: Roanoke Valley/Blue Ridge Parkway Trail Plan, Environmental Assessment Roanoke Regional Partnership • 2014: Connections: Annual Report 2014 Roanoke Valley Alleghany Regional Commission (RVARC) • Annual: RVARC Annual Reports • Annual: Roanoke Valley Area Regional Comprehensive Economic Development Strategy (CEDS) • 2007: Roanoke Valley -Alleghany Regional Strategic Plan, 2007 Update • 2007: The Five Pillars of Economic Development • 2010: Annual Report on Regional Economic Progress • 2010: Existing and Possible Urban Tree Canopy, Reports for City of Roanoke, City of Salem, Roanoke County and Town of Vinton • 2014: Partnership for a Livable Roanoke Valley Plan Roanoke Valley Transportation Planning Organization (RVTPO) • Annual: RVTPO Performance Measures Reports • 2010: Route 419 Corridor Plan • 2011: 2035 Rural Long Range Transportation Plan • 2012: Bikeway Plan for the RVAMPO, 2012 Update • 2015: Roanoke Valley Pedestrian Vision Plan • 2016: 2040 Financially Constrained Long Range Transportation Plan • 2016: Roanoke Valley Transit Vision Plan 2.2.3. Growth of the Greenway Network The greenway network has grown, not only through construction, but also through expansion in 2007 to include "trail nodes" and expansion in 2016 to include Botetourt County's resources. (See Section 2.3: Addition of Botetourt County.) Table 2-2 shows this growth of the network by showing how many miles were built at the time each plan was developed. Botetourt County's trails are included in the 2018 Plan, but not in the 1995 or 2007 Plans. Some trail Page 6 2018 Roanoke Valley Greenway Plan systems have actually gotten shorter, because of lack of maintenance or inclusion of the mileage in other places. The trails included in the 2018 Plan are described further in Chapter 4. Table 2-2: Growth of the Greenway Network, Comparative Mileage Built Miles Included in Gree way Plans Off-road Routes 1995 Plan 2007 Plan 2018 Plan Appalachian Trail++ 37.2 37.2 79.0 Back Creek Greenway 0 0 0.4 Barnhardt Creek Greenway 0 0 0 BioMed Loo included in other routes in 2018 Not included 1.5 Removed Birding and Wildlife Trail Sites miles not included elsewhere Not included 7.50 18.75 Blue Ride Parkway Trails++ 19.5 16 30.5 Carvin Creek Greenway 0 0 0 Carvins Cove Trail Network Not included 38.6 56.0 Catawba Greenway Not included 0 0.7 Dry Creek Greenway 0 0 Removed Dry Hollow Greenway 0 Removed Not included Explore Park Trails 0 7.0 14.0 Garden City Greenway former) Garnand Branch 0 0 0.7 Gish Branch Greenway 0 0 0 Glade Creek Greenway 0 0 0.3 Gladetown Trail 0 0.6 0.7 Glenwood Horse Trail With National Forest Trails Green Hill Park Trails Not included 0.9 2.8 Hanging Rock Battlefield Trail 0 1.7 1.8 Havens Wildlife Management Area Trails+ Not included 20.3 20.3 Horners Branch 0 Removed Not included Horse Pen Branch 1 Moved to Carvins Cove Trails Jefferson National Forest Trail++ Not included 8.2 139.8 Lick Run Greenway 0 3.0 4.6 Lonq Rid e Trail Not included 0 0 Masons Cove Greenway Not included 0 0 Mason Creek Greenway 0 0 1.0 Mill Mountain Greenway 1.9 3.5 3.3 Mill Mountain Park Trails 2.8 8.2 9.9 Mudlick Creek Greenway & Garst Mill 0 0.5 0.5 MurrayRun Greenway & Fishburn Park Trails 0 2.8 2.8 Paint Bank Branch 0 Removed Not included Perimeter Trail Not included Mileage in other routes Poor Mountain Preserve Trails + 0 0 3.4 Read Mountain Trails 0 0 4.5 Roanoke River Greenway 0 3.0 13.7 Roanoke River Greenway Extensions 0 0 0 Roanoke River Tributary Franklin St. 0 Removed Not included Spring Hollow Trails Not included 0 0 Tinker Creek Greenway 0 1.2 3.3 Wolf Creek Greenway 0 2.2 2.2 Subtotal 62.4 163.9 414.9 On -road Bicycle Connections 1995 Plan 2007 Plan 2018 Plan Bike Lanes 0 1.1 47.9 U.S. Bicycle Route 76 9.6 13.7 55.5 Signed Bike Routes 0 9.9 31.9 Subtotal 9.6 24.7 135.3 Total 72.0 188.6 550.2 + State Jurisdiction; ++ Federal Jurisdiction 2018 Roanoke Valley Greenway Plan Page 7 2.2.4. Status of 2007 Greenway Routes Table 2-3 summarizes the current status of individual greenway routes which were included in the 2007 Plan. Projects that were included in 1995 but dropped in 2007 are not included. More detail on individual greenways can be found in Chapter 4. Table 2-3: Status of Greenway Routes in the 2007 Green ay Plan as of 12/31/17 PROJECT NAME _ w a w C � r O .0 C N E v Appalachian Trail ++ 1 ✓ 1985 Back Creek Greenway 2 Martins Creek Rd. to Cotton Hill Rd. 2 ✓ Cotton Hill Rd. to Crystal Creek Rd. 2 ✓ ✓ Starkey Park to Merriman Park 2 ✓ ✓ ✓ ✓ ✓ ✓ 2002 Merriman Park to Blue Ride Parkway 2 ✓ ✓ Crystal Ck Rd to Penn Forest Elem.Sch. 2 ✓ ✓ ✓ ✓ ✓ ✓ 2013 Jae Valley Rd. to Roanoke River 2 ✓ ✓ ✓ Barnhardt Creek Greenway 3 ✓ Biomed Loop 4 ✓ ✓ ✓ ✓ ✓ Part Birding and Wildlife Trail Sites 5 ✓ ✓ ✓ ✓ ✓ ✓ 2003 Blue Ride Parkway Trails ++ 6 ✓ ✓ Carvin Creek Greenway 7 ✓ ✓ Some Carvins Cove Trail Network 8 ✓ ✓ ✓ ✓ ✓ ✓ Ongoing Catawba Greenway 9 ✓ ✓ ✓ ✓ Part Dry Creek Greenway 10 ✓ Explore Park Trails 11 ✓ ✓ ✓ ✓ ✓ Ongoing Garden City Greenway Garnand Branch 12 Blue Ride Parkway to Yellow Mtn Rd 12 ✓ Yellow Mtn to Ivywood 12 ✓ ✓ ✓ ✓ ✓ ✓ 2016 Ivywood to Roanoke R. Greenway 12 ✓ ✓ ✓ ✓ ✓ 2016-18 Gish Branch Greenway 13 ✓ Glade Creek Greenway 14 Beyond Vinyard Park 14 ✓ Vinyard Park section 14 ✓ ✓ ✓ County line to Gus Nicks Blvd 14 ✓ ✓ Part Gus Nicks Blvd to Walnut Ave. 14 ✓ ✓ ✓ ✓ ✓ 2019 Walnut Ave. to VA 24 14 ✓ ✓ ✓ ✓ ✓ ✓ 2017 Gladetown Trail 15 ✓ ✓ ✓ ✓ ✓ ✓ 2012 Green Hill Park Trails 16 ✓ ✓ ✓ ✓ ✓ ✓ 2009 Hanging Rock Battlefield Trail 17 ✓ ✓ ✓ ✓ ✓ ✓ 1999 Mason Creek Bride 17 ✓ ✓ ✓ ✓ ✓ ✓ 2014 Branch Drive to E. Main St. 17 ✓ ✓ ✓ ✓ 2018-19 Havens Wildlife Mgt Area Trails + 18 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Jefferson National Forest Trails ++ 19 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Lick Run Greenway 20 Peters Creek Rd to Countryside 20 ✓ Countryside to Wm. Fleming Schools 20 ✓ ✓ ✓ ✓ ✓ ✓ 2014 Wm. Fleming to Interchange at 1-581 20 ✓ ✓ Valley View bride 20 ✓ ✓ ✓ ✓ ✓ ✓ 1999, 2015 Interchange to Visitors Bureau 20 ✓ ✓ ✓ ✓ ✓ ✓ 2002, 2006 Long Ridge Trail 21 ✓ Masons Cove Greenway 22 ✓ Mason Creek Greenway 23 ✓ ✓ Part Part 2013 Mill Mountain Greenway 24 1✓ ✓ ✓ ✓ ✓1 ✓ 2003 Mill Mountain Park Trails 1 25 1 ✓ I ✓ I ✓ I✓ ✓I ✓ 2015 Page 8 2018 Roanoke Valley Greenway Plan Table 2-3: Status of Greenwa Routes in the 2007 Greenway Plan as of 12131117 continued PROJECT NAME d G = 0 i3 a w a C mT3) a •N w c Li 77R 7 O .0O i c U N E � Mudlick Creek Greenway 26 Hidden Valley High School-Cresthill Dr. 26 ✓ ✓ Cresthill to Garst Mill Park 26 ✓ ✓ ✓ ✓ ✓ ✓ 1997 Garst Mill to Roanoke River 26 ✓ One tract MurrayRun Greenway 27 Ogden Rd. to Colonial Ave. 27 ✓ ✓ Colonial to Brambleton Ave. 27 ✓ ✓ ✓ ✓ ✓ ✓ 2004 Brambleton to Grandin Rd. 27 ✓ ✓ ✓ ✓ ✓ ✓ 2001, 2003 Perimeter Trail 28 ✓ Poor Mountain Preserve Trails + 29 ✓ ✓ ✓ ✓ ✓ ✓ 2013 Read Mountain Trails 30 ✓ ✓ ✓ ✓ ✓ ✓ 2012 Roanoke River Greenway See p. 64 31 ✓ ✓ ✓ ✓ ✓ Ongoing 1999-2018 Roanoke River Greenway Extensions 32 ✓ Spring Hollow Trails 33 ✓ Tinker Creek Greenway 34 Carvins Cove to City/Co line 34 ✓ ✓ Part Part 2012 City/County line to Wise Ave. 34 ✓ ✓ ✓ Wise Ave to Roanoke River 34 ✓ ✓ ✓ ✓ ✓ ✓ 2003, 2012 Wolf Creek Greenway 35 Blue Ride Parkway to Stonebridge Park 35 ✓ ✓ ✓ ✓ ✓ 2007 Stonebridge Park to Hardy Rd. 35 ✓ ✓ ✓ ✓ ✓ ✓ 1999, 2001 Hardy Rd to Roanoke River 35 ✓ +State Jurisdiction ++ Federal Jurisdiction LEGEND Rauroke Khan (Pnoriy l Priarty 2 Gneearays Pet k, 3 and 4 Gmnwwys • • Proposed Multi-llse Roa[e AM. ac . Trail Eatdnp Greenways Eriatink Trails © F,.—Han Faolin ® Greenway Number Q Public Lands 1-AppelachFar Tial 2� � k Gn=enwny ?-Bemhardl LmeY Greernray 4-B'ahletl Loop 5 -Binding snd Wildlifie TTSines GBlue Ritlge Parkway Tre. ks 7_C._ Geek Greenway 8-C rms C Tral NeEeaN 9-Calswba Csearray 1f au Creelr Gne —y 91-Fsplore Pmt Trait 12GaMen Cin GYeenxsy (Gamend Bramir( 13{xh Braneh Greenway 14GIatle Creek Greenway 15i�latlxawn Trail 1S -C een Hill Park Trails 1T -Hinging Rat BanlEireH Trail 13-Hauens Wildlife ManapemenL . Trak 19.1e6ason Natlonal Forest Trais 2iH_k* Run Greenway 211 %Ridge Trail 22#lasorc Care G——W 2'3 Masan Greek Greenway 24#lii RburAain Greenway 25Mii ibrrriain Pak Trails 26Mudkar Cmek GYeenwaY I& Gorst hill) 27#9uray Rur Gn-mwey 2&Perinea Trail 2&Poor Monnlan Preserve. 3GReatl Mouniairt Treks 31-Roanoke RivaC rtwry 32-Roarwke Rsra Gaeernrmy Fstacions 33Sprog Huiow Treks 34Tirtlrer Creek ay 3lWdF Cmek Greemray Roanoke Valley Conceptual Greenway Plan Figure 2-2:2007P/an Map of Proposed Greenway Network 2018 Roanoke Valley Greenway Plan Page 9 2.2.5.On-Road Bicycle Connections For decades the region has had bicycle plans, developed by the Metropolitan Planning Organization (now the RVTPO), to encourage bicycling as an alternative mode of travel and to facilitate development of greater connectivity between activity centers. These plans have documented bicycling conditions, accommodations, popular routes, safety concerns, and corridors needing improvements. The most recent update to the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization (Regional Bicycle Plan) was completed in 2012. In addition, the Ride Solutions program has played a significant role in encouraging bicycle commuting and developing on-line mapping resources. 2.2.5.1 U.S. Bicycle Route 76 U. S. Bicycle Route 76, established in 1978 as part of the TransAmerica Trail, is a national, signed bike route running through Botetourt and Roanoke Counties. The portion on Blacksburg Road was included in the 1995 Plan, and, with the inclusion of Botetourt County, the entire 55.5 miles within the region is included in this 2018 Plan. In 2017 the Regional Commission completed a study of the route to assess conditions and develop recommendations for improving the cyclist's experience, showcasing the region's resources, and increasing the economic benefits of this national facility. That study has specific recommendations to improve safety and wayfinding and encourages development of amenities and facilities for long distance riders. There is also a proposed U. S. Bicycle Route 11, which would follow the Blue Ridge Parkway. 2.2.5.2 Blue Ridge Parkway The Blue Ridge Parkway, under the jurisdiction of the National Park Service, is located in Botetourt and Roanoke Counties from Milepost 75 to Milepost 136. It is a popular route for recreational and long distance riders but is not signed for bicyclists. The speed limit is 45 mph, and there is limited access and lower traffic volumes than on many other roads. However, there are often conflicts between bicyclists and cars, because of significant commuter traffic and because the alignment and hills make it difficult for cars to pass bicycles. The Parkway does not have paved shoulders, and thus there are many safety issues for bicyclists. 2.2.5.3 Other On -Road Facilities The 1995 Plan included many proposed on -road routes, which were referenced in the 2007 Plan and included in the Regional Bicycle Plan. The localities have developed these facilities as opportunity has allowed, when roads are rebuilt, restriped, or reconfigured. Table 2-4 (p. 11) lists the roads with striped bike lanes and those that are on signed bicycle routes.` 3 The City of Roanoke has led the way on adding bike lanes through striping space when paving. Page 10 2018 Roanoke Valley Greenway Plan Table 2-4: On-Road Bicycle Accommodations Built by 1213112017 Locality and Route Name Miles of Bike Lane Miles of Signed Bike Route Locality and Route Name Miles of Bike Lane Miles of Signed Bike Route City of Roanoke City of Roanoke cont'd 10th St. NW 1.67 Belmont 3.34 13th St. 2.90 Carlton Rd. 0.44 5th St. NW 0.56 Ferdinand Ave. 1.33 Boulevard St. 0.44 Maiden Ln. 2.08 Brambleton Ave. 1.60 Market St. 1.24 Brandon Ave. 4.53 1.61 Old Southwest 1.33 Broadway 0.45 Tinker 2.06 Colonial Ave. 1.81 Wise Ave. 1.69 Ed ewood St. 0.20 0.52 City of Salem Franklin Rd. 3.66 Braeburn Dr. 1.90 Gus Nicks Blvd. 1.33 Colorado St. 0.80 Hershber er Rd. 1.60 Salem Bike Route 9.93 JP Fishburn Parkway 1.60 County of Botetourt McClanahan St. 0.46 U. S. Bicycle Route 76 41.80 Melrose Ave. 4.49 County of Roanoke Memorial Ave. 1.04 Brambleton Ave. 2.30 Patterson Ave. 0.23 Mountain View Rd. 2.50 Peters Creek Rd. 4.44 U. S. Bicycle Route 76 13.70 Peters Creek Extension 4.66 2.08 Town of Vinton Shenandoah Ave. 1.62 4.32 Hardy Rd. 1.10 Totals 47.89 87.47 2.2.6. Development of Blueways as Water Trails 2.2.6.1 Roanoke River Blueway In response to public input, the 2007 Plan had considerable discussion of development of a Roanoke River Blueway. Such a water trail would complement the greenway and help protect the scenic quality and health of the river, which directly affects users' experience on the greenway. The Greenway Commission had been providing annual canoe trips for elected officials and staff for many years, and numerous boat launches were being constructed in conjunction with Roanoke River Greenway. Some advocates assumed that the Greenway Commission was the logical group to organize the blueway development, but the four localities declined to expand the mission and staffing of the Commission at that time. In 2013 the Regional Commission received several requests from localities to help organize development of the Roanoke River Blueway. Thus, in 2014 the Regional Commission organized a steering committee of users, locality staff, outfitters and other community partners to gather the information that would be needed to develop a blueway website. Many of the boat launches, water gauges, canoe racks, and other amenities had already been installed, but the committee identified additional needs to provide continuity for a water trail. Staff looked at efforts in neighboring jurisdictions and across the state and developed the Roanoke River Blueway website. Partners on the steering committee stepped up to raise funding for installation of two new access points. The Greenway Commission supported these efforts by serving on the steering committee, providing amenities, assisting with funding, and providing tours, pictures, and other information. The Roanoke River Blueway has been designated a Virginia Treasure, received the Governor's Award for Environmental Excellence, and received a Virginia Tourism Corporation Grant. Promoting the Roanoke River Blueway helps to market the Roanoke River Greenway as the flagship greenway for the broader network. The Roanoke River Blueway, 45 miles long with 17 access points, remains a key amenity for outdoor recreation in the Roanoke Valley and is important to the greenway network. 2018 Roanoke Valley Greenway Plan Page 11 2.2.6.2 Upper James River Water Trail In 2015 Botetourt County developed the Upper James River Water Trail from Iron Gate to Alpine, a distance of 46 miles. This blueway has eight sections, with Class I and II rapids and excellent fishing. Several outfitters provide rental tubes, kayaks, fishing tours, and shuttles. In 2017 two segments of the river, totalling 30 miles, were designated part of the Virginia Scenic Rivers system and added to the 16 -mile segment designated in 1985 to provide Scenic River status for the entire river in Botetourt County. The trail's website provides detailed information about each section and contacts for renting equipment. 2.2.7.Greenway Funding The Upper James River Water Trail offers tubing, canoeing, kayaking, and fishing. Outfitters provide rental equipment and guide services. 2.2.7.1 Construction Funding Greenway construction and development has been funded through a myriad of federal, state, local, and private sources. Table 2-5 (p. 13) documents the grants and donations received since the 2007 Plan. Most grants require some match. These charts do not document all the local government spending to match grants and employ staff for managing projects. The 2007 Plan recommended reducing reliance on federal and state grants, but, in fact, the region is very dependent on these sources. 2.2.7.2 Greenway Commission Funding As outlined in the Intergovernmental Agreement (Appendix A), the Greenway Commission budget is funded on a per capita basis by each of the participating localities. The budget has increased over twenty years as the cost of salary and benefits for the Greenway Coordinator has increased, but the Greenway Commission is still staffed by only one employee. The Commission has an agreement with Roanoke County to provide office space and equipment and to serve as fiscal agent. 2.2.7.3 Funding through Pathfinders for Greenways Pathfinders relies on private donations and grants to cover its expenses. With those funds Pathfinders has been able to purchase a truck, trailer, two mini -skid steers, hand tools, and trail construction have staff, but is assisted by the Greenway Coordinator and has a part-time contract employee to do clerical work and bookkeeping. In 2007 a group of young professionals called Valley Forward started a fundraising race, Gallop for the Greenways, to provide monies to speed up greenway construction. The race is an annual event and the proceeds have paid for engineering, survey, construction, and land purchase on different greenway and trail sections. Pathfinders has also participated in other events for charitable organizations, such as First Fridays and the Deschutes Street Pub, won awards such as Cox Heroes, and received corporate donations, such as those from Bridge the Gap donors and from Novozymes, which provided $50,000 annually for six years. materials. Pathfinders does not Pathfinders has received grants and donations that have allowed purchase of a mini -skid steer to assist with trail building. Page 12 2018 Roanoke Valley Greenway Plan 2.3. ADDITION OF BOTETOURT COUNT( In 2015 Botetourt County asked about the possibility of joining the Greenway Commission. After informal discussions between County and Greenway Commission staff, the Botetourt County Board of Supervisors took action to request to join the Greenway Commission. While the addition of new members was specifically allowed in the Intergovernmental Agreement, no process had previously been specified. Thus, the Greenway Commission reviewed the request at length, considering the pros and cons, the impact on staff and funding, and the expectations. In April 2016 it recommended to the localities that Botetourt County be admitted as a member and that the Intergovernmental Agreement be revised to reflect the change. Subsequently, each of the four localities took action approving a resolution to add Botetourt as a member and to revise the Intergovernmental Agreement. On June 29, 2016 these documents were signed by the administrators of each jurisdiction at the Annual Meeting of the Greenway Commission, held at Greenfield Education and Training Center. Botetourt County is 548 square miles in size and brings many resources and opportunities to the greenway program. In the eastern part of the County are the Blue Ridge Parkway and the Glenwood District of the Jefferson National Forest. In the northern part of the County are the James River and Craig Creek. In the western part are the Patterson Mountain and North Mountain Trails of the Eastern Divide District of the National Forest. In the southern part are Carvins Cove, Tinker Creek, and Read Mountain. U.S. Bicycle Route 76 runs through the County for 41.8 miles from Buchanan through Troutville to Catawba Road, and the Appalachian Trail crosses the County from Carvins Cove through Daleville to the Blue Ridge Parkway. Thus, the County is well connected with recreational resources, has ample space for development of support facilities like camping, and could be a hub for outdoor recreation. On June 29, 2016 Botetourt County joined the Greenway Commission with the signing of documents at Greenfield Education and Training Center. Table 2-6 (p. 14) is a list of the existing trails in Botetourt County which are being incorporated into the 2018 Plan, thus enlarging the total mileage in the Roanoke Valley Greenway network. 2018 Roanoke Valley Greenway Plan Page 13 Table 2-5: Grants and Allocations for Roanoke Valley Greenways Year Awarded Federal State Local Private Total 2007 $ 1,005,000 $ 173,300 $ 773,000 $ 69,631 $ 2,020,931 2008 $ 279,000 $ 0 $ 4,344 $ 281,221 $ 564,565 2009 $ 2,565,000 $ 10,000 $ 485,000 $ 379,300 $ 3,439,300 2010 $ 251,503 $1,300,000 $ 0 $ 75,162 $1,626,665 2011 $ 925,000 $ 33,825 $ 200,000 $159,550 $1,318,375 2012 $ 652,000 $1,374,000 $1,268 $ 639,904 $ 2,667,172 2013 $13,140,443 $ 81,000 $ 411,000 $ 80,200 $13,712,643 2014 $ 657,392 $ 60,000 $ 50,500 $ 49,000 $ 816,892 2015 $ 1,790,784 $ 0 $ 200,000 $ 30,250 $ 2,021,034 2016 $ 8,061,329 $1,643,041 $ 670,000 $103,760 $10,478,130 2017 $ 2,610,000 $ 3,195,175 $ 0 $17,805 $ 5,822,980 Total $ 31,937,451 $ 7,870,341 $ 2,795,112 $1,885,783 $ 44,488,687 2.3. ADDITION OF BOTETOURT COUNT( In 2015 Botetourt County asked about the possibility of joining the Greenway Commission. After informal discussions between County and Greenway Commission staff, the Botetourt County Board of Supervisors took action to request to join the Greenway Commission. While the addition of new members was specifically allowed in the Intergovernmental Agreement, no process had previously been specified. Thus, the Greenway Commission reviewed the request at length, considering the pros and cons, the impact on staff and funding, and the expectations. In April 2016 it recommended to the localities that Botetourt County be admitted as a member and that the Intergovernmental Agreement be revised to reflect the change. Subsequently, each of the four localities took action approving a resolution to add Botetourt as a member and to revise the Intergovernmental Agreement. On June 29, 2016 these documents were signed by the administrators of each jurisdiction at the Annual Meeting of the Greenway Commission, held at Greenfield Education and Training Center. Botetourt County is 548 square miles in size and brings many resources and opportunities to the greenway program. In the eastern part of the County are the Blue Ridge Parkway and the Glenwood District of the Jefferson National Forest. In the northern part of the County are the James River and Craig Creek. In the western part are the Patterson Mountain and North Mountain Trails of the Eastern Divide District of the National Forest. In the southern part are Carvins Cove, Tinker Creek, and Read Mountain. U.S. Bicycle Route 76 runs through the County for 41.8 miles from Buchanan through Troutville to Catawba Road, and the Appalachian Trail crosses the County from Carvins Cove through Daleville to the Blue Ridge Parkway. Thus, the County is well connected with recreational resources, has ample space for development of support facilities like camping, and could be a hub for outdoor recreation. On June 29, 2016 Botetourt County joined the Greenway Commission with the signing of documents at Greenfield Education and Training Center. Table 2-6 (p. 14) is a list of the existing trails in Botetourt County which are being incorporated into the 2018 Plan, thus enlarging the total mileage in the Roanoke Valley Greenway network. 2018 Roanoke Valley Greenway Plan Page 13 Table 2-6: ExistingTrails Incorporated into the GreenNetwork with the Addition of Botetourt Count Name Trail or Section Management Partners (Acronyms Listed p. vi) Surface Existing Miles Added Andy Layne Trail Rt 779 to Appalachian Trail Roanoke Cement, RATC C 3.0 Appalachian Trail Campbell Shelter to VA 652 NPS -APPA, RATC, ATC C 17.5 Appalachian Trail VA 652 to Thunder Hill Shelter USFS, RATC & NBATC C 40.1 Birding and Wildlife Trail Sites Alleghany Highlands Loop: Callie Furnace USFS B 0.3 Birding and Wildlife Trail Sites Iron Ore Loop: Craig Creek Recreation Area - mileage counted under National Forest USFS B 0.0 Birding and Wildlife Trail Sites Peaks of Otter Loop: Harveys Knob Overlook Blue Ride Parkway A 0.0 Birding and Wildlife Trail Sites Peaks of Otter Loop: Warbler Road USFS B 13.0 Birding and Wildlife Trail Sites Roanoke Valley Loop WVWA; Roanoke Parks & Rec A 0.1 Birding and Wildlife Trail Sites Roanoke Valley Loop: Woodpecker Ridge Nature Center Private B -C 0.8 Blue Ride Park Blue Ride Park Trail Botetourt Parks and Rec A -B -C 0.65 Boxley Park Blue Ridge Springs Trail Botetourt Parks and Rec C 0.6 Carvins Cove Trail Network Multiple Trails, Listed in Chapter 4; 45 miles, counted previously Roanoke Parks & Rec B -C 0 Greenfield Trail System Cherry Blossom Trail Botetourt Parks and Rec B 0.88 Greenfield Trail System Boyer Holiday Trail Botetourt Parks and Rec Cgrass 0.86 Greenfield Trail System Colonel William Preston Trail Botetourt Parks and Rec Cgrass 2.4 Greenfield Trail System Greenfield Recreation Trail Botetourt Parks and Rec Cgrass 3.1 Blue Ride Parkway Harkening Hill Trail BRP, USFS C 3.3 Blue Ride Parkway Fallin water Trail BRP, USFS A &C 1.6 Blue Ride Parkway Flat Top Mountain Trail BRP C 4.4 Jefferson National Forest Multiple Trails, listed in Chapter 4 USFS-Eastern Divide C 57.4 Jefferson National Forest Multiple Trails, listed in Chapter 4 USFS-Glenwood/ Pedlar C 76.3 George Washington National Forest Multiple Trails, listed in Chapter 4 USFS-James River C 6.1 Perimeter Trail Curry Gap to Nace On roads - USFS, VDOT A -B 6.2 Tinker Creek Greenway Botetourt Co. Line to Carvins Cove Boat Landing Roanoke County Parks, Rec. and Tourism; Roanoke Parks and Rec. C 0 Upper James River Water Trail Iron Gate to Craig Creek DGIF Water 14.0 Upper James River Water Trail Craig Creek to Springwood DGIF Water 16.5 Upper James River Water Trail Springwood to Buchanan DGIF, VDOT Water 5.0 Upper James River Water Trail Buchanan to Arcadia DGIF Water 6.0 Upper James River Water Trail Arcadia to Alpine VDOT, DGIF, USFS Water 4.5 U.S. Bicycle Route 76 Rockbridge County to Roanoke County Line VDOT A 41.8 Existing Mileage Added to Roanoke Valley Greenway Network 326.4 Surfaces: A = Paved, asphalt or concrete; B = Crushed aggregate stone, wood chips; C = Natural surface, wood chips or grass Page 14 2018 Roanoke Valley Greenway Plan 2.4. REv1Ew OF GOALS, OBJECTIVES AND STRATEGIES 2.4.1. Review of Goals/ Objectives/Strategies from 2007 Plan In the 2007 Plan issues raised by the public led to development of six new goals, in addition to those in the 1995 Plan. Those six goals were regional goals for all the partners involved in the greenway program to consider during development of the greenway network. After completion of the 2007 Plan, the four localities and the Greenway Commission addressed many of these issues by revising the Intergovernmental Agreement, expanding the Greenway Commission membership to include staff, revising the bylaws, and focusing on Roanoke River Greenway. In 2014, in line with the Commission's responsibility to review the Plan periodically, the Executive Committee updated the implementation strategies and this 2018 Plan includes further updates in Chapter 6. Table 2-7: Progress on 2007 Goals, Objectives and Strategies Goal Objectives Strategies Progress by 2018 1. Greenway Construction Prioritize greenway construction and Focus on finishing the Roanoke River Greenway Complete a connected focus resources on completion of the (Priority #1) in the next five years High greenway network of trails to greenway network's arterial routes. provide the multiple benefits of Provide a connected greenway Focus on finishing Priority #2 routes in five to ten a greenway system, with focus system by focusing on long stretches years. on finishing Roanoke River of off-road trails and tying them Moderate Greenway. together with on -road bicycle and pedestrian facilities. Improve the process for getting Incorporate on -road greenways and connections High greenways built. into the regi nal Bikeway Plans. Provide identification, regulatory, and Develop master plans for Priority 1 and 2 informational signs on each greenway greenways with time lines for land acquisition and Moderate to facilitate use and management construction. Identify a project team for each project, with Moderate assigned roles and responsibilities. Within each locality coordinate project management, land acquisition, and greenway Moderate construction with all departments that might help or be impacted. Develop greenway sign guidelines to encourage signage consistency while retaining flexibility to Moderate meet locality requirements. Continue to use Pathfinders for Greenways to High build Class C trails. 2. Funding Develop an aggressive, regional, Continue to seek federal and state grants but Increase greenway funding to multi-year funding plan that identifies reduce reliance on these sources. High; low. meet the goals for trail fiscal goals and sources of continuous construction and completion of funding for greenway construction. the greenway network. Develop new sources of revenue for Develop an implementation plan for completion of greenway construction. the Roanoke River Greenway and utilize it in High soliciting corporate donations and investments. Target multiple funding sources and explore innovative funding possibilities such as bonds, High stormwater fees, private grants, and partnerships. Expand fund raising activities such as charitable donations, festivals, races, and other fundraising High events. Include capital money for greenways in each High locality's Capital Improvement Program. Develop a donation program to allow private donation of greenway amenities such as water High fountains, bike racks and benches. 2018 Roanoke Valley Greenway Plan Page 15 Table 2-7: Progress on 2007 Goals, Objectives and Strategies Goal Objectives Strategies Progress by 2018 2. Funding (cont'd) Develop a method for receiving and efficiently utilizing corporate donations. High Develop a list of specific trail sections or components that could be funded by corporate or Moderate other private monies. 3. Land Acquisition Develop an aggressive, land Form land acquisition teams, define roles and Develop a land acquisition acquisition program that identifies responsibilities of team members, and train team program that provides rights- properties needed for each project members to assist with acquisition of greenway Low of -way needed for greenway and time lines for acquisition that easements. construction. dovetail with construction schedules. Work cooperatively among local Identify existing public properties and easements jurisdictions to coordinate land being acquired for other purposes to determine if Moderate - acquisition across jurisdictional greenway easements can be incorporated. High boundaries. Develop a mechanism to be involved in the utility easement process so that greenway easements Moderate can be considered where appropriate. Work with planning staff to refine local zoning ordinances to encourage and protect greenway corridors. Moderate - High Work with developers to include greenway easements, and greenway construction, within Moderate - new developments that are located along High identified greenway corridors. Utilize corporations and chambers of commerce to support development of trails within Moderate industrial/business complexes. 4. Community Outreach and Develop a dynamic outreach program Expand the Greenway Commission and localities' Education that communicates the economic, web sites to provide current information on Moderate - Develop a community health, environmental, and quality of projects and events, trail locations and maps, and High outreach and education life benefits of the greenway system. information for tourists. program that provides Increase awareness of greenway Provide greenway marketing information to the information on greenway implementation efforts through a economic development departments of the local Moderate opportunities and benefits. comprehensive marketing strategy. jurisdictions. Expand environmental educational Develop an outreach program that goes beyond programs and service opportunities the Roanoke Valley to be used to attract new Moderate - through cooperation with local schools businesses and enhance the valley's value as a High and an expanded volunteer program. tourism destination. Develop a speaker's bureau to market greenways to Valley residents through club and organization meetings, civic associations, and business Low groups. Standardize use of the greenway logo on trail signs, maps, and marketing materials. High Publicize greenway projects, trail locations, and benefits via the press, newsletters, signage, and High web site. Expand the volunteer and volunteer recognition program. Moderate Develop a "Youth of the Greenways" advocacy component to engage young audiences to volunteer and contribute to future greenway Low development. Page 16 2018 Roanoke Valley Greenway Plan Table 2-7: Progress on 2007 Goals, Objectives and Strategies Goal Objectives Strategies Progress by 2018 5. Organizational Structure Clarify the roles and responsibilities Clarify the roles and responsibilities of each Refine the organizational for implementing the Greenway Plan. locality, the Greenway Commission and High structure to effectively and volunteers in implementation of the Greenway efficiently implement the Plan and s ecific projects. Update to the Conceptual Improve the Greenway Commission's Update and renew the Intergovernmental Greenway Plan and manage function to assist the localities Agreement. High the growing greenway system. effectively. Identify staffing needs of the localities and Greenway Commission to meet the responsibilities of each in implementing the Moderate Greenway Plan and managing the greenway network. Develop a Memorandum of Understanding with Western Virginia Water Authority and other utility Low companies to facilitate right-of-way planning and management of greenways within utility corridors. 6. Greenway Management Utilize best management practices in Work with legal departments to develop Manage the greenway network design and maintenance of ordinances needed to effectively manage Moderate to meet user needs, provide a greenways. greenways and to encourage consistency across range of experiences in a jurisdictions when feasible. secure environment, and Improve regional coordination among Develop methods for users to report problems or protect the natural resources. greenway managers to address conditions on greenways. Moderate management issues and develop consistent responses. Provide departments maintaining Involve law enforcement and emergency greenways with sufficient budget and management personnel prior to the opening of Moderate - resources to manage the growing new greenways. High network. —greenway Schedule regional meetings among staff managing greenways to share methods and Low experiences. Identify greenways in locality mapping and High geographic informations stems. Use national and state guidelines like CPTED (Crime Prevention through Environmental Design) and AASHTO (American Association of State High Highway and Transportation Officials) to design secure and safe trails. Expand adopt-a-greenway programs and other methods for volunteer assistance to reduce High maintenance costs. 2.4.2. Review of Goals/Objectives from 1995 Plan The 2007 Plan incorporated the Goals and Objectives from the 1995 Plan. The 1995 Plan presents a holistic vision for a Valley -wide greenway system. That plan identifies many greenway corridors to establish an interconnected trail system. However, the greenway system is more than just an alternative transportation and recreation facility. The 1995 Plan addressed not just the physical infrastructure but the following as well: • Recreation opportunities • Wellness of the Valley's citizens (health and fitness needs/active lifestyle) • Preservation/conservation of natural resources • Educational opportunities • Economic development potential 2018 Roanoke Valley Greenway Plan Page 17 These ideas are represented as seven goals with 45 related objectives and strategies. The Steering Committee for this update reviewed these strategies and subjectively re-evaluated the success in achieving each. The table below lists the goals and objectives/strategies and ranks the degree of progress on each as: None, Low, Moderate, or High. These goals, objectives and strategies represent an ambitious concept that could create a model greenway system. Table 2-8: Progress on 1995 Goals, Objectives and Strate ies Goals 1995 Plan Objectives/Strategies Quoted from 1995 Plan Progress by Progress by 2007 2018 1. Transportation Provide greenways that connect schools, libraries, shopping Moderate Moderate — Provide corridors that bicyclists, centers, work sites, arks and other laces in the community. Hi h pedestrians, and others can use to Provide connections between mass transit sites and make get from one place to another as an arrangements for safe storage of greenway system users' Low Low alternative to motor vehicle use. bicycles (or other belongings) while they are using the transit system. Identify and make plans for existing roads that should be widened or otherwise modified to accommodate bicycles and Moderate Moderate pedestrians. Initiate Valley -wide design and installation standards to incorporate bicycle and pedestrian facilities on new roads and Low Moderate road improvement plans. Initiate design standards that are sensitive to the disabled in High High order to ensure opportunities for a variety of users. 2. Safety Establish integrated law enforcement and emergency response Moderate — Design a greenway system that programs that service the needs of greenway system users and Low High maximizes safety of greenway landowners. system users and nearby property Incorporate into the greenway management system appropriate Moderate Moderate owners and neighborhoods. safety and security strategies. Design the greenway system to accommodate different activities (such as horseback riding and bicycling) with a minimum of user- Moderate Moderate conflict. Improve bicycle safety by implementing safety education None Low programs in local schools and the community. 3. Recreation/ Fitness/Health Provide a greenway system that accommodates a variety of High High Design the greenway system as recreational activities. both a recreational resource and as Encourage businesses to establish and integrate use of LOW Moderate — public access to other recreational greenways into corporate health and wellness programs. High resources, offering a full spectrum Promote programs and facilities that provide opportunities for Moderate High of recreation and exercise individual health related activities. opportunities. Make each greenway a stand-alone destination (as well as a link Moderate to other resources) by providing amenities such as benches, Moderate High picnic areas, and workout stations. 4. Education Educate the community on the importance of environmental Moderate Moderate Educate the public about the need conservation and restoration ecology. for and benefits of greenways, and Develop a program of continuing education for elected officials, educate the greenway system user agency staff, developers and engineers to define the latest Low Low about the area's natural and cultural technologies, design methodologies and land use practices for history. managing the environment. Increase public awareness of the importance of the Roanoke Moderate - River and its watershed lands to the future of the Roanoke ValleyModerate Hi h Educate the public on the benefits and uses of greenways. Moderate Moderate — Developan out -reach education program to attract new users. High Educate property owners of the economic advantages of having Low Moderate a greenway on or near their property. Educate greenway system users on proper greenway system etiquette that respects the rights of adjacent property owners and Moderate Moderate other reenwa s stem users. Use the greenway system as an outdoor Environmental Learning Moderate Moderate Lab for school and community use. Page 18 2018 Roanoke Valley Greenway Plan Table 2-8: Progress on 1995 Goals, Objectives and Strategies Goals 1995 Plan Objectives/Strategies Quoted from 1995 Plan Progress by 2007 Progress by 2018 4. Education (cont'd) Provide historic information using trail markers along historically significant trail corridors. Low Moderate Provide maps and literature on trail length, difficulty, restrictions and amenities. Moderate Moderate 5. Economic Development Address both the appropriate costs Utilize the greenway system as an economic development marketing tool for the Roanoke Valley. Low High of implementing the greenway system (including land acquisition Use greenway linkages to complement and enhance tourist attractions. Moderate Moderate and capital improvements) and the Document economic benefits of greenways, such as increasing benefits that will result from its the value of land that lies contiguous to a greenway and the Low Moderate creation. benefits to a new business locating in the Roanoke Valley. Establish a mechanism to ensure continuing maintenance of the greenways, such as using volunteers to keep maintenance costs Moderate Moderate low and starting Adopt -A -Greenway program. Utilize tax incentives, easements and other approaches to encourage individuals and businesses to donate land, funding or Moderate Moderate materials. Establish procedures for subdivision developers to provide donations of land or rights-of-way for greenway systems. Low Moderate Utilize existing rights-of-way, utility corridors, and other features to lower installation costs. Low Moderate Explore and obtain multiple sources of funding for g reenwa s. Moderate High 6. Environmental Design a plan that preserves, Encourage localities to include greenways as a flood reduction strategy in the Roanoke Regional Stormwater Management Plan. Moderate Moderate promotes and enhances the Develop a valley -wide strategy for protecting natural stream Valley's environmental assets. corridors and other open space, plus a mitigation program for addressing resources that have been adversely altered by land None Moderate development. Promote greenways as an alternative transportation mode that can help reduce air pollution. Moderate High Utilize areas adjacent to greenways as natural areas that protect, maintain, or restore natural vegetation and aquatic and wildlife Moderate High habitats. Design greenways to reduce non -point source pollution in stormwater runoff. Moderate Moderate - High Utilize greenways as buffer zones between developed area and open saces. Moderate Moderate 7. Organizational and Operational Implement the Roanoke Valley Obtain local government and citizen support for the Roanoke Valley Conceptual Greenway Plan. High High Conceptual Greenway Plan on a Respond to citizen concerns such as safety issues and user regional level and proceed with conflicts in the establishment and operation of the greenway Moderate Moderate future greenway system planning system. and implementation Establish standards for the design, operation, and maintenance of the green ay system. LOW Moderate - High Ensure that an organizational structure exists for regional planning, implementation, and operation of greenways in the High High Roanoke Valley. Establish a non-profit organization to launch a public awareness campaign, volunteer programs and fundraising efforts High High Select a pilot greenway project and implement it. High High Pursue implementation of other elements of the Roanoke Valley Conceptual Greenway Plan. Moderate High 2018 Roanoke Valley Greenway Plan Page 19 Page intentionally left blank. Page 20 2018 Roanoke Valley Greenway Plan 3. COMMUNITY INPUT AND ISSUES 3.1. GREENWAY PLAN UPDATE PROCESS The Greenway Commission and Regional Commission selected a variety of methods for involving citizens, locality staff, and officials in the update to the Greenway Plan. These methods included convening a steering committee (listed on the inside cover of this Plan), holding seven public input meetings, conducting an on-line survey, and meeting frequently with locality staff, locality greenway teams and the Greenway Commission. 3.1.1.Public Input Meetings Six community meetings were held in 2017 to gather public input on the future of the greenway system. Total attendance was 208 people. These meetings took place on the following dates at locations noted: • March 21,2017 in Botetourt County at the Greenfield Education and Training Center • March 27, 2017 in Roanoke County at Mountain View Elementary School • March 30, 2017 in the City of Roanoke at Fishburn Elementary School • April 3, 2017 in Roanoke County at South County Library • April 6, 2017 in Roanoke County at Glenvar Middle School • April 10, 2017 in the Town of Vinton at the Vinton War Memorial Each meeting began with a presentation on the history and status of the greenway program. Attendees divided into groups to rotate through stations focused on specific topics. Within each station, the facilitator led the group through questions, recording answers on flip charts and allowing personal responses on comment sheets. The topics were: • Station 1 - Regional Vision • Station 2 - Neighborhood Vision • Station 3 - Tinker Creek Greenway (only at Greenfield, Mountain View, and Vinton meetings) • Station 4 - Operations and Management Input from these stations is summarized in Section 3.2. Complete flip chart notes from these meetings and all comment sheets are recorded in Appendix C. 3.1.2.0n -line Survey An on-line survey was available from February 27th to April 17th of 2017. This survey contained 27 questions on a variety of topics, from personal use patterns to regional connectivity goals. The survey received 542 responses. The questions and a summary of responses for each question are included in Appendix B. 3.1.3. Meetings with Staff and Officials Staff from multiple departments and agencies were consulted via transportation meetings, management meetings, Greenway Commission meetings, locality greenway team meetings, and individual conversations. This feedback provided data for the Plan, as well as perspective on management issues. 3.1.4.Public Review of Draft Plan A draft greenway plan was presented to the public on April 19, 2018 at the Berglund Center. At this open house meeting, organized again at four stations, staff discussed the plan and answered questions. Comments and reactions from the 108 attendees were recorded on flip charts, as well as individual Citizens provide public input on the regional vision at the Greenfield meeting 2018 Roanoke Valley Greenway Plan Page 21 comment sheets. These comments, as well as on-line responses and email input received by May 4, were incorporated into revisions to this 2018 Plan and are shown in Appendix D. The 2018 Plan was approved by the Greenway Commission on June 27, 2018 and was forwarded to the five localities for review and action. 3.2. PUBLIC INPUT AND DISCUSSION The structure of the community meetings with four stations framed the discussion at the meetings and organized the public input. This input and the Greenway Commission response to it is summarized below. 3.2.1. Regional Vision The 2007 Plan prioritized individual greenways into four categories and focused work on Roanoke River Greenway as Priority #1. Many miles of greenways and trails in all priority levels have been built since that plan. In order to capture public satisfaction with the vision of the 2007 Plan, people were asked to reassess the network, verbalize their vision, and propose changes if needed. At the Regional Vision stations, attendees were asked to use stars and dots to mark on a map what they thought were key destinations and priority greenway routes. The cumulative results of this activity are shown in Figure 3-1: Destinations and Priorities Identified by the Public (p.23). The destinations with the most votes were Carvins Cove, Explore Park, and Smith Mountain Lake (which is outside the Greenway Commission service area). Other destinations were widely spread across the region and seem to reflect the public's desire to use greenways for transportation. Connectivity was a recurring theme as part of the regional vision. People want greenways, particularly Roanoke River Greenway, to be completed in order to provide a continuous route. Where a greenway is not completed, they want an on -road accommodation to reach the next section safely. They also want to be able to access the greenways by foot or bicycle, rather than having to drive to trailheads. Additional themes from public responses include the importance of greenways for transportation, connections to work and businesses, tourism, and access to nature. Attendees at Greenfield and Mountain View meetings particularly recognized the challenge of strategically envisioning Botetourt's new system and connections, but also preferred using public land or on -road routes, as opposed to private lands, for development of routes. Completion of the greenway network adopted in 2007 was a key priority identified in all community meetings. In particular, respondents want to finish the backbone of the greenway network, Roanoke River Greenway, and the north -south connections to Carvins Cove and the Blue Ridge Parkway. Responses from both the public input meetings and the survey identified Tinker Creek Greenway as the next regional priority. Tinker Creek Greenway is the route which could most easily extend from the Roanoke Valley into Botetourt County and, as a north -south corridor, it extends through four of the five member localities, just as Roanoke River Greenway does from west to east. The vision of having a greenway network that provides a trunkline route from west to east and arterials north to south is adopted in this 2018 Plan, as articulated in Section 1.4. 3.2.2. Neighborhood Vision At each community meeting and during the survey process citizens responded with their own neighborhood in mind. Some citizens look to greenways to protect their neighborhood from development, a concept voiced by many at the Fishburn Elementary School meeting where residents were concerned about the impact of development of the Shenandoah Life property on Murray Run Greenway and on their own residences. Others are most concerned about reaching the greenways safely by foot or bicycle; 41% of respondents to the survey said they could not. Neighborhood destinations include schools, residential neighborhoods, parks, libraries and local stores. In neighborhoods that are densely developed, it is not possible to put off-road paths to every destination. Connectivity recommendations such as sidewalks and on -road bicycle accommodations were proposed as an alternative solution; these are further discussed in Chapter 5: Regional Transportation Connections. These recommendations could improve the utility of the greenway network as a web of transportation corridors connecting communities across the Roanoke Valley, as well as improve access to recreational opportunities such as mountain bike trails, hiking trails, and regional blueways. Page 22 2018 Roanoke Valley Greenway Plan Public Input Destinations and Priorities o Legend Greeny y Plan Locations o -2 - 0-1 '-`' C o u n t y •2. -?3` Public Input Priorities —D-3 `_S —•7-3a` E30t o C t &ciltTrlls —A,:" No: t r o ✓, Bedford County ! o ti V- , oan e C"arty` Franklin County Figure 3-1 Destinations and Priorities Identified by the Public 3.2.3.Tinker Creek Greenway Studies of the Tinker Creek corridor began in FY 16, separately from the update to the Greenway Plan. The Tinker Creek Greenway Connectivity Study was supported by the Rivers, Trails, and Conservation Assistance (RTCA) Program of the National Park Service. Ursula Lemanski, RTCA Virginia Projects Manager, was an integral part of coordinating a Tinker Creek Greenway Steering Committee and writing the Conceptual Plan. As these two planning efforts approached the point where public input was needed, staff realized that it would be more efficient to seek that input simultaneously with the Greenway Plan. Thus, at the community meetings near Tinker Creek— Greenfield, Mountain View and Vinton War Memorial — there was a Tinker Creek Greenway Station to obtain feedback on routing options. While there were many neighbors who did not want the greenway on their property, Tinker Creek Greenway was a very important piece of the network for many people and was strongly 2018 Roanoke Valley Greenway Plan Page 23 supported as the most logical route to Botetourt County and as the next priority. The Tinker Creek Greenway Conceptual Plan is included in this document as Appendix E. It documents the planning process, alternatives, and evaluation of the location options. 3.2.4. Operations and Management The Operations and Management station was part of all six community meetings, and issues with maintenance and amenities were the focus of five survey questions. In addition, staff had a focus group meeting with maintenance personnel. Generally, comments ran along the broad topics of user conflicts, amenity improvements, damage to facilities, wayfinding, and funding. These issues are discussed further in Section 3.3. 3.3. KEY IssuEs AND REcommENDATIONE The 2007 Plan addressed 14 issues and made recommendations for improvements. Many of those recommendations have been implemented, but the issues persist and require on-going attention. This 2018 Plan addresses issues most frequently mentioned, but the discussion in the 2007 Plan is still valid. 3.3.1. Priorities Regional priorities help leverage resources and funding to complete routes that connect all localities. Since 2007 Roanoke River Greenway has been the flagship greenway - the longest, most popular and most used greenway in the Roanoke Valley. Citizen response demonstrates a firm commitment to completing this greenway and to ensuring it is maintained as the heart of the regional greenway network. Current timelines show Roanoke River Greenway could be completed from Green Hill Park to Explore Park by 2023. There is strong community support for Tinker Creek Greenway to become the next regional priority greenway. This north to south route will connect Botetourt County, Roanoke County, Roanoke City, and the Town of Vinton. This 2018 Plan recognizes that there are many projects underway, based on the resources and opportunities for development. On any given greenway corridor, which can be many miles long, the priority can vary depending on the proximity to the urbanized area and locality resources. In Chapter 4 the greenway routes have been sorted into five categories, reflecting their status and progress. 3.3.2. Connectivity The theme of connectivity had several components: one was finishing specific greenways so that they provide continuous routes, another was connecting communities by providing facilities between greenways for safe bicycle and pedestrian travel and between neighborhoods and the greenways, and a third was connecting the region to other regions. The progress on specific greenways is detailed in Chapter 4, with additions to some greenways to provide connections to other routes. Chapter 5 was developed to address the issue of connectivity between greenways, neighborhoods, and communities via sidewalks, bike lanes, and other on -road accommodations. 3.3.3.Signage, Wayfinding, and Web Information The theme of signage and information was heard frequently in 2007. Since then, the localities, Greenway Commission, and partners such as Roanoke Kiwanis Club have made significant efforts to install kiosks with maps and rules, identification signs, entrance signs with addresses, rules signs, mile markers, etiquette reminders, on -road directional signs, and interpretive signs. Still, the public regularly mentioned signage on the greenway, the need for improvements to both wayfinding and educational signage, and the need to simplify rules and improve etiquette. The need for wayfinding signage varies depending on the complexity of intersections and was mentioned often for Lick Run Greenway and the on -road section of Roanoke River Greenway around Golden Park, connecting to Tinker Creek Greenway. Signage regarding etiquette and mile markers are lacking on some greenways, few bridges over the greenways are labeled, and seldom is there information on how to connect to roads, parking, bicycle infrastructure, or other greenway segments. Consistency across jurisdictions was a repeated concern. While signage on the greenways has improved, the general public has become more and more dependent on phones and the internet for wayfinding. Roanoke Outside has developed a significant website with maps and trail Page 24 2018 Roanoke Valley Greenway Plan information. Mapping tools change constantly, and it is a challenge to keep web maps current and applications up-to- date. Pathfinders for Greenways initially developed the greenway website with volunteers, but neither they nor the Greenway Commission have had the resources to address social media trends and the demand for on-line information. Web maintenance and upkeep, calendars of events on greenways, notice about weather related closures and conditions, and interactive mapping are demands that have grown significantly since 2007. 3.3.4. User Conflicts As use of Roanoke River Greenway has increased, conflicts between users has become a significant concern. Pedestrians complain about the speed of bicyclists, and bicyclists complain that pedestrians are unpredictable and take up the whole trail. Several injuries and even a lawsuit have occurred. Pets are also a significant source of conflict, as leashes impact bicycle safety. Concerns about pet waste cleanup and water quality have led to installation of numerous Mutt -Mitt stations. User conflicts and fear of being hit by a bicycle are most common in the City of Roanoke, where the greenway is longer, but conflicts also occur in Salem, where sunbathers on the trail obstruct users and where fishermen may cast too close to the greenway. The Greenway Ambassador Program was started to encourage common courtesy and etiquette along the greenways, in hopes of improving behavior and reducing interactions. Ambassadors patrol in official vests, talk to other users, and report maintenance issues to staff. Other proposed solutions to user conflicts include: centerlines, wider greenways, separate pedestrian and bicycle lanes, speed limit signs, and speed limit enforcement. The public feels that connecting the greenway network more thoroughly to bike lanes and other greenways could take pressure off popular stretches by dispersing traffic. Marketing and education are important factors for letting people know about other trails and appropriate greenway etiquette. 3.3.5. Event Management The greenways have become a popular place for fund raising events such as races, weekly pub runs, church services, reunions, and informal outings such as bike rides for Scouts and other groups. The City of Roanoke now regulates events, charging for the use and limiting The Greenway Planning, Standards and Safety Committee initially recommended the incorporation of street addresses into greenway identification signs, especially at trailheads and parking areas. These addresses serve an important function as a safety measure, allowing quick response for emergency calls, and as a wayfinding measure for those navigating with a phone or other mapping device. Additionally, wayfinding signage can direct users of all transportation modes on how to reach the greenway and can assist users in reaching other greenways in the network once on a particular route. Greenway Identification Sign, Town of Vinton the number of closures of the greenways. The City of Salem does not allow races on the trails. Other jurisdictions are still developing policies. Management of group use is an on-going concern, as individuals and groups vie for space for their activities. 3.3.6.Amenities The array of amenities along the greenways has increased significantly since 2007. Benches, water fountains, wildflower gardens, art sculptures, and bike racks are prevalent. Bathrooms are the resource in most demand. Some bathrooms have been retrofitted for year round use, and port -a -johns are available when budgets allow. Donations and volunteer help for installation of smaller items like benches and kiosks are easier to obtain than funding for long term maintenance and replacement. 2018 Roanoke Valley Greenway Plan Page 25 3.3.7. New Equipment New equipment is constantly being developed and often shows up on the greenways. The most recent are motorized skateboards and E -bikes, bicycles with an electric battery to assist the cyclist in climbing hills. Motorized vehicles are prohibited on the greenways, unless for ADA purposes. Those purchasing this equipment may not realize it is not allowed. Big wheels, tricycles, skateboards, and even electric wheelchairs can be problematic if not used responsibly. There is increasing demand for cell reception, chargers for electric wheelchairs, and webcams to provide reports on flooding. Each new item will require consideration, decisions by staff, and possibly ordinances. 3.3.8.Staff Challenges While the Greenway Commission itself is responsible for planning, securing grant funding, and working with the public, as well as identifying future projects and helping to see that those projects are built, the Commission is not currently involved in management. This is handled by the member localities. Each member locality has different procedures, organizational challenges, and statutes that can directly affect user experience on the greenway network. Greenways are popular facilities and staff in all the localities have been proud to keep them well maintained. Staff are challenged by: Funding: Greenway construction across the region is being funded largely with state and federal grants, matched by local capital monies and in-kind labor. Budgets for managing departments do not always grow as the network grows. This means that management must be increasingly inventive in how they approach maintenance. Landscaping: Landscaping methods have shifted due to a variety of factors, including funding and stormwater control. Maintaining flowerbeds and mowing regularly require staff resources that are often not available. There are benefits to allowing forested or native grass landscaping to occur: it is lower maintenance and reduces runoff into streams and rivers often running parallel to greenways. However, the public may not be aware of these water quality benefits and may demand a maintenance level that is not affordable or environmentally friendly The greenway system has many environmental benefits to the Roanoke Valley. These can be increased by partnering between departments which manage the greenways and Stormwater agencies. Some examples of existing partnerships include Mutt Mitt stations for reducing pet waste that could run off into nearby rivers and streams, and planting riparian buffers to improve water quality. Educating the public about the broader environmental benefits of riparian buffers may reduce demand for mowing and more maintenance intensive landscaping. Flooding: Two types of flooding were discussed as challenges for greenway maintenance. The first was flooding due to rising rivers and streams, which can block trails, leave mud and trash, and sometimes destroy bridges and fencing. Staff are challenged to get the greenways cleared after these events. The second kind of flooding is due to extreme storm events, particularly on unpaved trails, causing water to stream down the trail and wash out gravel or other trail structure. Repairs are often costly and may only hold until the next storm event. Both of these types of flooding came up during public input meetings, as well as staff session, specifically in regards to Roanoke River Greenway and Wolf Creek Greenway, respectively. Maintaining Amenities: Staff expressed concerns with the cost of maintaining amenities such as trashcans and bathrooms, which are often requested by the public. Costs include staff time, repairs, and regular upkeep. While amenities such as benches are added incrementally after a greenway is installed, funding for maintenance and replacement seldom grows. Page 26 2018 Roanoke Valley Greenway Plan Vandalism: Like all public spaces, greenways have vandalism. Potential solutions to prevent or avoid vandalism include solar lights, greater police presence, proactive landscaping decisions that improve sightlines, installation of cameras, and increased volunteer presence, such as the Greenway Ambassadors. Securing Good Design: Lastly, management staff pointed out that many problems can be ameliorated via good design, but maintenance staff are not always involved in the design phase. Also, the funding source may dictate the standards used for construction. 3.4. OTHER TAKEAWAYS One of the most important takeaways from this section is the need for locality staff to work together across jurisdictions in order to support one another and to coordinate across departments within each locality. Greater coordination can provide several important outcomes, including increasing the uniformity of experience for greenway users throughout the system; maximizing the utility of infrastructure additions such as bathrooms and water fountains; and trading knowledge and best practices. Some of the best practices for area localities have been included in this chapter for reference, but the practice of greenway maintenance is constantly evolving. New challenges will require new solutions, and sharing those solutions will be helpful. It is important to recognize some of the funding issues which will continue to exist and begin thinking about the Greenway Commission's role in exploring new funding sources. Grants have been a primary source of funding for the greenway system, but grant funding is often only available for projects which design or build new parts of the network, and, more rarely, for large repair projects. Maintenance funding and funding for staff positions continues to be a challenge for localities. Funding for amenity improvements requested by the public, such as bathrooms, lighting, edible landscapes, and trash cans, should be prioritized along with funding for staff support to maintain these new amenities. Lastly, partnerships with the community are an important element of continuing to fund and improve the greenway network. There are numerous ways of fostering a sense of community along the greenway. Signage to educate people on protocol for interacting with other users, information on upcoming events and programs which use the greenway, and partnerships with public and private entities can all help to improve the utility of the greenway corridors and satisfaction of users. Some examples include erecting kiosks with information about stormwater management, using yield signs to encourage etiquette and sharing, or developing commemorative plates to thank citizens and organizations who have shaped the greenway system. Many, many groups use the greenways, and it is important to work with these groups to encourage ownership, love and care for the facilities. Commemorative trees and benches are a way that citizens feel connected to the greenways. 2018 Roanoke Valley Greenway Plan Page 27 Page intentionally left blank. Page 28 2018 Roanoke Valley Greenway Plan AL GREENWAY NETWORK( 4.1. PRIORITIZATION OF CIREENWAYS The 1995 Plan recommended 51 greenway routes with each route labeled as either on -road or off-road on a map. The 2007 Plan focused on the off-road routes (35) and endorsed the 2005 Bikeway Plan and 2012 Update for on - road routes. In response to public and staff input, this 2018 Plan includes off-road routes and important on -road connectors. The 2018 Plan groups routes based on their role in the greenway network and their progress to date. On any given greenway, localities will be at different stages depending on the proximity to urban areas, opportunity for coordination with other developments, funding, availability of rights-of-way, and total workload. Roanoke River will be in Category 1 and is the primary greenway corridor, the region's #1 priority since 2007. Category 2 routes are those hard surfaced greenways that are underway and that provide arterial north -south corridors, most connecting to Roanoke River Greenway. Category 3 routes are those greenways and trails that are most important to the region, provide destinations for users, or are funded/underway within a locality. Category 4 is routes with no resources at this time in terms of land or funding. Category 5 includes routes that are largely complete and clusters of trails and destinations on other public lands that help provide connectivity for the greenway network. This 2018 Plan, like the 1995 Plan, lists on -road routes to provide connectivity, described in Chapter 5; it also recognizes the blueway corridors that were introduced in 2007 and have developed since then, complementing the greenway system. All greenways and trails discussed in this section are listed alphabetically. The number for each route is the number used on the Greenway Plan Map inside the back cover of this document; all routes and their numbers are shown in Table 4-1. Category 1 Route: Map #40: Roanoke River Greenway The only greenway in this category is Roanoke River Greenway, the longest greenway in the regional network. Many sections of this paved greenway are built, and it is still the #1 priority, in order to focus efforts on finishing it. This east -west route has proven to be an invaluable community asset in terms of economic development, tourism, special events, recreation, health, and environmental education. Roanoke River Greenway is the backbone of the greenway network. Category 2 Routes: These are hard surfaced greenways which will run north and south from Roanoke River Greenway to the public lands surrounding the valley. Sections of each have been built, with some started and others extended over the last ten years. These routes provide the arterials, the major side corridors of the greenway network. The Category 2 routes are: • Map #18: Glade Creek Greenway • Map #22: Hanging Rock Battlefield Trail • Map #27: Lick Run Greenway • Map #29: Mason Creek Greenway • Map #43: Tinker Creek Greenway Category 3 Routes: These routes are either important to the region, destinations, funded or engineered within a locality, or progressing with significant planning and design. Some are partially, but not completely, built. They may also be trails on another agency's land, where a portion of the network is complete but additional connections are needed or planned. They can be hard surface or natural surface. Many are important for connection to the network, economic development and public health. 2018 Roanoke Valley Greenway Plan Page 29 The Category 3 Routes are: • Map #5: Blue Ridge Parkway Trails • Map #7: Carvins Cove Trail Network • Map #9: Catawba Greenway • Map #12: Daleville Greenway • Map #13: Eagle Rock Greenway • Map #14: Elizabeth Greenway • Map #15: Explore Park Trail Network • Map #16: Garden City Greenway • Map #19: Gladetown Trail • Map #24: Hinchee Trail • Map #34: Murray Run Greenway • Map #37: Poor Mountain Trails • Map #38: Read Mountain Greenway • Map #39: Read Mountain Trails • Map #44: Wolf Creek Greenway Category 4 Routes: These are other greenway projects to be addressed as opportunity and resources arise. They may be routes that localities are working on when possible or routes which have strong citizen support but no resources in terms of land or funding. The Category 4 Routes are: • Map #2: Back Creek Greenway • Map #3: Barnhardt Creek Greenway • Map #6: Carvin Creek Greenway • Map #8: Carvins Cove Connections • Map #11: Craig Creek Trail • Map #17: Gish Branch Greenway • Map #25: James River Greenway • Map #28: Long Ridge Trail • Map #30: Masons Cove Greenway • Map #33: Mudlick Creek Greenway • Map #35: National Forest Connections • Map #36: Perimeter Trail • Map #41: Roanoke River Greenway Extensions • Map #42: Spring Hollow Trails Category 5 Routes: These are existing trails and greenway projects that are substantially complete, given existing planning. They may be clusters of trails or destinations on public lands that help provide connectivity for the greenway network. While substantially complete, they will continue to require maintenance and may need improvements. The Category 5 Routes are: • Map #1: Appalachian Trail • Map #4: Birding and Wildlife Trail Sites • Map #10: City, County, and Town Park Trails • Map #20: Green Hill Park Trails • Map #21: Greenfield Trails Page 30 2018 Roanoke Valley Greenway Plan • Map #23: Havens Wildlife Management Area Trails • Map #26: Jefferson National Forest Trails • Map #31: Mill Mountain Greenway • Map #32: Mill Mountain Park Trails On -road Category: This 2018 Plan recognizes how important the on -road connections are for continuity in the system. Existing on -road routes, such as U.S. Bicycle Route 76 and bike lanes, are shown in Chapter 2, Table 2.4. Connectivity is discussed in more detail in Chapter 5 and suggested connections are shown on the Regional Connectivity Map, page 76. The On -Road developments suggested are: • Bike accommodations on arterials; • Infrastructure suggested in urban development area (UDA) plans and designated growth area (DGA) plans; • Neighborhood connections to Roanoke River Greenway and bike routes; and • Neighborhood sidewalks and greenway connections. Blueways: This 2018 Plan recognizes the blueway routes as important recreation opportunities that contribute significantly to the economic impact of the greenway and trail networks. The existing blueways — Upper James and Roanoke River — are discussed in Section 2.2.6. The potential blueway routes are: • Back Creek Blueway • Craig Creek Blueway • Jennings Creek Blueway • Mason Creek Blueway • Tinker Creek Blueway Blueways and Potential Blueways f Roanoke ^ County Boletourt County .1 Figure 4-1: Blueway Routes Legend Designated Blueways (201 &) Potential Future Blueways Locality Boundaries T i..r—cr- g REGIONAL 0 1.5 3 6 ell 12 Miles On the Greenway Network Map, Appendix H, included inside the back cover of this 2018 Plan, the greenway routes are listed and numbered in alphabetical order. Table 4-1 (p.32) shows the numbering system, jurisdiction, and surface expected for each trail. 2018 Roanoke Valley Greenway Plan Page 31 P� `f Figure 4-1: Blueway Routes Legend Designated Blueways (201 &) Potential Future Blueways Locality Boundaries T i..r—cr- g REGIONAL 0 1.5 3 6 ell 12 Miles On the Greenway Network Map, Appendix H, included inside the back cover of this 2018 Plan, the greenway routes are listed and numbered in alphabetical order. Table 4-1 (p.32) shows the numbering system, jurisdiction, and surface expected for each trail. 2018 Roanoke Valley Greenway Plan Page 31 Table 4-1: 2018 Roanoke Valley Greenway Network PROJECT NAME Plan # Localities Category Surface Appalachian Trail++ 1 Roanoke and Botetourt Counties, City of Roanoke 5 C Back Creek Greenway 2 Roanoke County 4 B -C Barnhardt Creek Greenway 3 Roanoke County, City of Roanoke 4 A -B -C Birding and Wildlife Trail Sites 4 All 5 A -B -C Blue Ridge Parkway Trails++ 5 Roanoke County, City of Roanoke 3 C Carvin Creek Greenway 6 Roanoke County 4 A -B -C Carvins Cove Trail Network 7 City of Roanoke 3 C Carvins Cove Connections 8 Roanoke and Botetourt Counties 4 B -C Catawba Greenway 9 Roanoke County 3 B -C City, County, and Town Park Trails 10 All 5 B -C Craig Creek Trail 11 Botetourt County 4 B Daleville Greenway 12 Botetourt County 3 A -B Eagle Rock Greenway 13 Botetourt County 3 B -C Elizabeth Greenway 14 City of Salem 3 A -B Explore Park Trail Network 15 Roanoke County 3 B -C Garden City Greenway 16 City of Roanoke 3 A -B Gish Branch Greenway 17 City of Salem 4 B -C Glade Creek Greenway 18 Town of Vinton, Roanoke County, City of Roanoke 2 A -B -C Gladetown Trail 19 Town of Vinton 3 C Green Hill Park Trails 20 Roanoke County 5 B -C Greenfield Trails 21 Botetourt County 5 B -C Hanging Rock Battlefield Trail 22 City of Salem, Roanoke County 2 A -B Havens Wildlife Management Area Trails+ 23 Roanoke County 5 C Hinchee Trail 24 Roanoke County 3 C James River Greenway 25 Botetourt County 4 B -C Jefferson National Forest Trails++ 26 Botetourt and Roanoke Counties 5 B -C Lick Run Greenway 27 City of Roanoke, Roanoke County 2 A Long Ridge Trail 28 Roanoke County 4 C Mason Creek Greenway 29 Roanoke County 2 B -C Masons Cove Greenway 30 City of Salem, Roanoke County 4 A -B Mill Mountain Greenway 31 City of Roanoke 5 A Mill Mountain Park Trails 32 City of Roanoke 5 C Mudlick Creek Greenway 33 Roanoke County, City of Roanoke 4 A -B Murray Run Greenway 34 City of Roanoke, Roanoke County 3 A -B -C National Forest Connections 35 Botetourt County 4 C Perimeter Trail 36 Roanoke & Botetourt Counties 4 C Poor Mountain Trails+ 37 Roanoke County 3 C Read Mountain Greenway 38 City of Roanoke, Roanoke County 3 A -B -C Read Mountain Trails 39 Roanoke and Botetourt Counties 3 C Roanoke River Greenway 40 Roanoke County, Cities of Roanoke and Salem 1 A Roanoke River Greenway Extensions 41 Franklin and Montgomery Counties 4 A -B -C Spring Hollow Trails 42 Roanoke County 4 C Tinker Creek Greenway 43 City of Roanoke, Roanoke and Botetourt Counties, Town of Vinton 2 A -B -C Wolf Creek Greenway 44 Town of Vinton, Roanoke County 3 B +State Jurisdiction —Federal Jurisdiction Design guidelines in Appendix G. Surface A= Paved with asphalt or concrete Surface B= Crushed aggregate stone or wood chips Surface C= Natural surface, wood chips, or crushed stone Page 32 2018 Roanoke Valley Greenway Plan 4.2. GREENwAy ROUTES 4.2.1. Appalachian Trail, Map #1, Category 5 Description The Appalachian National Scenic Trail (AT) is a 2,174 -mile footpath from Katandin in Maine to Springer Mountain in northern Georgia. The AT provides the ultimate greenway on the northern edge of the Roanoke Valley, with 79 miles in Roanoke and Botetourt Counties. This trail is managed for foot travel only by the National Park Service, U.S. Forest Service/Jefferson National Forest, Appalachian Trail Conservancy (ATC), Roanoke Appalachian Trail Club (RATC), and Natural Bridge Appalachian Trail Club. Bicycles and horses are not allowed on the AT. Well known lookouts along this section of AT include Audie Murphy Memorial, Dragon's Tooth, McAfee Knob, Tinker Cliffs, Fullhart Knob, and Apple Orchard Mountain. Key access points with parking are located at: • VA 311 at Dragon's Tooth Trailhead, with access via Dragon's Tooth Trail (Roanoke County); • VA 311 at the top of Catawba Mountain (Roanoke County); • VA 779, Catawba Creek Road, with access via the Andy Layne Trail (Botetourt County); • US 220 in Daleville at the park -n -ride (Botetourt County); • US 11 near Troutville (Botetourt County); and • Blue Ridge Parkway overlooks at Blackhorse Gap (Milepost 97.7), Taylor Mountain (MP 97), Montvale (MP 95.9), Harvey's Knob (MP 95.3), Bobblets Gap (MP 93), and Bearwallow Gap (MP 90.9) (Botetourt County). There is also access to the AT via Sawmill Branch Trail within Carvins Cove Natural Reserve. Information on the AT is available from many sources, including the National Park Service, the Appalachian Trail Conservancy, and the Roanoke Appalachian Trail Club. Status In the last five years hiking use of the AT in this region has increased dramatically. McAfee Knob has become the iconic destination overlook, with hiking there on the "bucket list" for college students and tourists. McAfee Knob appears as background on billboards and websites and is now the Roanoke County logo. This increase in use has led to significant management issues, including overflowing parking lots, parking on the edge of roads, trail erosion and widening, trash, and frequent search and rescue calls. RATC and ATC have responded by adding port -a -johns at the McAfee parking lot, hiring ridgerunners, encouraging use of the McAfee fire road, and organizing a volunteer McAfee Knob Task Force to provide visitor information and education. There are several plans which propose new access connections to the AT Rocky Branch Trail as #36 from the boat landing to the AT near the powerline crossing. This 2018 Plan proposes two routes which would cross the AT — Tinker Creek Greenway (#43) crossing near the Tinker Creek bridge and #8, which would cross near Angel's Gap to provide a connection from Carvins Cove to Botetourt County. Permission for such crossings would require concurrence from various partners and National Park Service approval and environmental compliance. Challenges The congestion at the McAfee parking lot has led VDOT to increase safety signage, including rumble strips and flashing lights. VDOT has also received funding for FY 21-23 to provide a bridge over Rt. 311 to reduce pedestrian crossings of the road. The crossings of US 220 near The Carvins Cove Trail Plan proposes Dragon's Tooth is one of the destination AT sites in this region. 2018 Roanoke Valley Greenway Plan Page 33 Daleville and of US 11 near Troutville are also a significant challenge and need safety improvements. Because the managing partner for this section of AT, the National Park Service, does not have a local office, much of the burden of this increase in use falls on the local partners, especially the volunteers of RATC. The Appalachian Trail Conservancy is assisting with funding for additional ridgerunner hours and has organized meetings for local, state, and federal staff with management roles. Roanoke County has increased its emergency services to the area and those volunteers have spent significant time exploring the most efficient rescue routes. VDOT has stepped forward with improvements and grants. More may be needed. An ever present challenge for the AT is growth and development within the viewshed or near the AT corridor. Botetourt County is encouraging economic development, and a 256 -unit apartment complex is being built next to the AT. This will undoubtedly increase use on that side of Tinker Mountain and increase maintenance needs, but could also bring new volunteers and supporters. Next Steps While the AT is a National Park, it is dependent on volunteers and the cooperative management system. ATC should continue to facilitate meetings among all the management partners and to explore management options. Resources from volunteers and governments will continue to be needed to protect this iconic resource. McAfee Knob is one of the most photographed points on the AT. Page 34 2018 Roanoke Valley Greenway Plan 4.2.2. Back Creek Greenway, Map #2, Category 4 The 1995 Plan included a greenway route (#45) along the entire length of Back Creek. Exploration of the corridor, setting of priorities, and recognition of the extensive acquisition that would be needed led to shortening the route in the 2007 Plan to the section from the headwaters to Merriman Park. Some improvements have been made in this corridor, but there is not yet a continuous greenway route. At the headwaters of Back Creek there are several public properties which might be linked by a greenway, including a well field site and Back Creek Elementary School. Downstream from Crystal Creek Road Roanoke County manages a large park complex including Darrell Shell and Starkey Parks, Merriman Soccer Complex, South County Library Wetland Trail, as well as Penn Forest Elementary and South County Library. At Darrell Shell there is a fitness loop around the ballfields, and the County has built sidewalks and pedestrian connections between the park facilities which could be linked together as part of Back Creek Greenway. There is a well -used bicycle access point from Merriman Soccer Complex to the Blue Ridge Parkway, which is proposed by the Parkway in its Trail Plan as an official connection of Parkway and greenway trails. South County Library Wetland Trail was built in 2015. Route 221 has been widened as far as Cotton Hill Road, and Cotton Hill has been widened to the Parkway. Bike lanes were not included, but a sidewalk for pedestrians and a wide shoulder for bicyclists were included on Cotton Hill. Route 221 is a critical road for bicyclists because it provides a section of so many loop rides, and Cotton Hill could provide access to the Blue Ridge Parkway. Citizens have encouraged Roanoke County to build a greenway on VDOT property in the area between Cotton Hill Road and the bridges downstream. The County has explored this option and reached out to VDOT about permits to do this. An agreement is possible, but at this time there are no financial resources for pursuing this trail. 4.2.3. Barnhardt Creek Greenway, Map #3, Category 4 Barnhardt Creek begins near state property on Long Ridge, parallels the end of Grandin Road Extension, winds through Hidden Valley Country Club and Middle School, and runs into Roanoke River at the Salem/City of Roanoke line. Within the City of Roanoke it is often called Craven Creek. While this route is difficult from a right-of-way standpoint and would require on- and off-road sections, it could provide linkages from suburban neighborhoods like Meadow Creek, Fairway Forest, Farmingdale, Medmont Lake, and Crestwood to Roanoke River and to Poor Mountain Preserve. The fifteenth anniversary of the greenway program in 2012 was a special year with nine greenway and trail bridges built by the localities and volunteers. 2018 Roanoke Valley Greenway Plan Page 35 4.2.4. Birding and Wildlife Trail Sites, Map #4, Category 5 The Virginia Department of Game and Inland Fisheries has developed a Birding and Wildlife Trail to celebrate the state's diverse habitat and bird watching opportunities. The Mountain Area guide includes two loops in the Roanoke Valley, the Star City Loop and the Roanoke Valley Loop, and three loops covering other sites in Botetourt County, the Alleghany Highlands Loop, Iron Ore Loop, and the Peaks of Otter Loop. The guide highlights parks, trails, greenways, and other sites where nature enthusiasts will have good opportunities for observing birds and wildlife and directs users on driving between these sites. While many of the individual sites are otherwise listed in this 2018 Plan with individual map numbers, the Birding and Wildlife Trail is included as a separate "greenway" to highlight its importance as a state network. Due to the number of sites, these are not marked on the Greenway Plan map. Sites currently listed in the five jurisdictions are: o Table 4-2: Birding and Wildlife Trail Routes in the Region Star City Loop Roanoke Valley Loop Alleghany Highlands Loo • East Gate Park • Woodpecker Ridge Nature Center • Callie Furnace • Masons Mill Park • Carvins Cove Recreation Area - • Thrasher Park ' 'V/ Boat Landing Peaks of Otter Loop • Wolf Creek Greenway • Whispering Pines Park • Harveys Knob Overlook • Explore Park • Carvins Cove Recreation Area - • Warbler Road • Chestnut Ridge Trail Bennett Springs • Mill Mountain Park (including Star • Havens Wildlife Management Iron Ore Loo Trail) Area Craig Creek Recreation Area • Roanoke Water Pollution Control • Hanging Rock Battlefield Trail f V ao ao--P: Plant • Green Hill Park • Tinker Creek Greenway • Moyer Sports Complex/ Roanoke - '� • Wasena Park and Roanoke River River Greenway RLm MdW HGdl p � RR q-Loq,--N {I Greenway • Poor Mountain Natural Area a, • Rivers Edge Sports Complex ! 1J LgIMIWM RM LpOp Preserve RpYpk. VNNybMp • Fishburn Park • Happy Hollow Garden Birding and Wildlife Trail • Garst Mill Park Greenway • Bent Mountain Elementary School Figure 4-2: Birding and Wildlife Trails in the Mountain Region of Virginia Virginia Birding and Wildlife Trail Guides are available from the Virginia Tourism Corporation at 1-866-VAB I RDS, 1-866-822-4737. Additional information and loops are available at Virginia Department of Game and Inland Fichariac Page 36 2018 Roanoke Valley Greenway Plan WmP *-Mw on p,.rnl /-\J F.M1Won, Loa wmmn,. � Fm RoO Lo op ' 'V/ Swed IAMeXsn Laura Loop W -9—r , Phase L -a - LittlM a� LOW f\) S.M ttoB0.on Loop T V ~.w Hi®hlo�L.e ' roraeL Lm LpM1SLwe.Lp (\) S.S lFLpMgnt Loop .'6':• Happxelae Ol Lhe.wree L.aW Low'w rMr Pi w LOW N — I.bwih W pM L— ; f V ao ao--P: PLeM of Odat LOW sk"Gift Loop Pn ~ P L Rdg. Lm IILBWN RCOHi LOW - '� TMkMOCk Loo, RLm MdW HGdl p � RR q-Loq,--N {I �/'+- � J � Hulk Ln a, ThmRSJelfamnLmP ! 1J LgIMIWM RM LpOp RpYpk. VNNybMp O - aim LM�,ma� L, SW �LaW r t/ App M ian Wd Lw 4: _.�.. Imn OrO l.aop ! �/ ronn RhVLEW ..- eip wolrll�nL n ,te l aenkl BOo�L— Selm PW Loop f � p - EeatemCnnlhe'ilnl �Mkh COOP [l..pnW Mms &lav Leap .p a .' ,,// 0 �.a 0 8 "V R Figure 4-2: Birding and Wildlife Trails in the Mountain Region of Virginia Virginia Birding and Wildlife Trail Guides are available from the Virginia Tourism Corporation at 1-866-VAB I RDS, 1-866-822-4737. Additional information and loops are available at Virginia Department of Game and Inland Fichariac Page 36 2018 Roanoke Valley Greenway Plan 4.2.5. Blue Ridge Parkway Trails, Map # 5, Category 3 Description The Blue Ridge Parkway, a National Park, is a 469 -mile recreational motor road through Virginia and North Carolina connecting Shenandoah and Great Smoky Mountain National Parks. The Parkway is a popular on -road cycling route for recreational cyclists, in part due to its limited access and lower traffic levels when compared to most community streets and highways. The Parkway swings in and out of Botetourt County from Milepost (MP) 75 near Arnold Valley Overlook to MP 105 near US 460 and traverses southern Roanoke County from MP 105 to MP 136 near Adney Gap. The Parkway has several trail systems in the area: 1) the six -mile Chestnut Ridge Loop Trail around Roanoke Mountain Picnic Area, 2) the 13 -mile horse trail paralleling the Parkway from US 220 to Stewarts Knob, 3) the one - mile Roanoke River and Fisherman's trails from the overlook to the river, 4) the half mile Buck Mountain Trail from the parking area to an overlook, and 5) ten miles of hiking trail near the Peaks of Otter, including Harkening Hill, Fallingwater, and Flat Top Mountain Trails. None of these trails are open to bicycling. Between 1995 and 2018 the mileage of these trails has varied, as sections have been closed due to damage or insufficient maintenance. Status In 2001 the Greenway Commission and the Blue Ridge Parkway signed a General Agreement allowing the Commission to assist with trail planning, mapping, and rehabilitation of Parkway trails. This five-year agreement allowed the Commission to facilitate volunteer assistance in reconstructing and maintaining Parkway trails under the direction of Parkway staff. Work completed during that time included inventory and assessment of the Parkway trail system from MP 121 (US 220) to MP 110 (Stewart's Knob), development of a trail plan (January 2004) which recognized greenway connections at Mill Mountain, Roanoke River, and Wolf Creek Greenways, construction of a portion of Wolf Creek Greenway, and extensive trail rehabilitation on the Chestnut Ridge Loop Trail and horse trail, utilizing volunteers and a grant obtained by the Commission. In January 2006 the Parkway launched a new trail planning process, with a draft plan released in fall of 2011. In 2013 the Parkway completed its first General Management Plan, but the trail plan was not included. The same trail plan, with no changes in response to significant public and locality input, was released in fall of 2015 as the final Roanoke Valley/ Blue Ridge Parkway Trail Plan. The Plan Volunteers built over 200 steps to provide access from the recommended no mountain biking on Parkway trails, except Blue Ridge Parkway to the Roanoke River. if developed as greenway routes on lands off Roanoke River Parkway. It proposed a new trail from Buck Mountain overlook to Back Creek Greenway, official connections at several access points, and a new trail on Stewart's Knob. Roanoke County has continued to work with Parkway staff to negotiate a crossing of the Parkway for Roanoke River Greenway. The crossing is proposed to be under the Parkway at Highland Road. In 2015 Pathfinders' Mid -Week Crew completed a rehabilitation of the Fisherman's Trail at Roanoke River Overlook, building 200 steps down to the river. Minimal funding was provided by Friends of the Rivers of Virginia, Friends of the Blue Ridge Parkway and Pathfinders. This improvement has led to significant increase in boating, as it is the only 2018 Roanoke Valley Greenway Plan Page 37 accessible launch below the dam and above the rapids. The Roanoke Chapter of Friends of the Blue Ridge Parkway has increased its efforts to pick up trash and maintain trails. Benefits The Parkway trails provide many loop connections between Roanoke Valley greenways. Completion of the Parkway system would greatly enhance the regional network. It would also give the Parkway trail attractions in the Roanoke area and much needed assistance with trail construction and maintenance. Challenges The Parkway is significantly underfunded and understaffed in Virginia, with planning staff located in Asheville, North Carolina; coordination often takes many months or years. In terms of trails, maintenance is challenging because the narrow corridor does not allow sustainable design. Also, to complete the Parkway trail system, a bridge across the Roanoke River for trail users is needed. Next Steps The Parkway is looking to volunteers or other organizations for completion of the trail work. No NPS funding is available for it at this time. Volunteers from Pathfinders for Greenways and the Roanoke Chapter of Friends of the Blue Ridge Parkway continue to work on rehabilitation and maintenance of the horse trail and Chestnut Ridge Trail. Roanoke County will continue its coordination efforts to get the Roanoke River Greenway built and the horse trail rehabilitated between Mill Mountain and Explore Park. The City of Roanoke will continue to work with the Parkway on alternative uses of Roanoke Mountain Picnic Area. Roanoke County and City should assist the Parkway with all connections allowed in the Parkway Trail Plan. 4.2.6. Carvin Creek Greenway, Map # 6, Category 4 The 1995 Plan included a greenway route (#9) from Carvins Cove Reservoir to Tinker Creek. Exploration of the corridor, setting of priorities, and recognition of the extensive acquisition that would be needed led to shortening the corridor in 2007. There are two feasible sections. One is from Brookside Park to Tinker Creek. The second section is being incorporated as an option for Tinker Creek Greenway from LaMarre Drive through Hollins University campus to Carvins Cove. (See Appendix E.) The existing trail from Plantation Road to the boat dock at Carvins Cove could be renamed to be part of Carvin Creek Greenway, if Tinker Creek Greenway is developed on another route. Greenways and trails provide opportunity to enjoy the beauty of spring. Photo by David Lewis. Page 38 2018 Roanoke Valley Greenway Plan 4.2.7. Carvins Cove Trail Network, Map #7, Category 3 Description The Carvins Cove Natural Reserve is a 12,700 -acre municipal park protecting the watershed of Carvins Cove Reservoir. The Cove, which is owned and managed by the City of Roanoke, is located in Roanoke and Botetourt Counties, 7 miles from downtown Roanoke and 4 miles from Interstate 81. The reservoir is fed by springs and creeks within the Reserve as well as by tunnels from Catawba and Tinker Creeks. When the Western Virginia Water Authority (WVWA) was formed in 2004, the City gave the reservoir and lands below the 1,200 -foot contour to WVWA to be managed as one of the valley's major water sources. The remaining Reserve lands above 1,200' were retained by the City and are managed by the Parks and Recreation Department. Carvins Cove is the largest municipally owned park east of the Mississippi River and the second largest municipal park in the country. Carvins Cove Natural Reserve can be accessed from three public roads: Reservoir Road near Hollins, known as "the boat landing" Carvins Cove Road, Route 740 off of Route 311, known as "Bennett Springs" Timberview Road At the Reservoir Road entrance there is a large parking lot, picnic area, fishing pier, restrooms, boat launch, trails, and office. On Carvins Cove Road there is a parking lot, restroom and trailhead located a mile from the Bennett Springs gate. At Timberview Road there is a small parking lot and trailhead. Status In 2007 Roanoke Parks and Recreation Department developed a Carvins Cove Natural Reserve Park MRA anagement Plan. Subsequently, the City granted a Volunteers admire the rock they split to make a trail feature. conservation easement to Virginia Outdoors Foundation to protect the lands above 1200'. The Management Plan recognized the need for a trail plan, and in 2009 the Department initiated this planning. The effort was led by the Greenway Coordinator, with significant volunteer help for trail assessments. In 2010 the Carvins Cove Trail Management Plan was approved by Council, documenting 46 miles of trails, the trail termini, degree of difficulty, trail conditions, maintenance needs, and access needs. The plan outlined proposed trail closures, proposed new trails, procedures for approval, and priorities. This plan started a new era in management of Carvins Cove for recreational use and gave both staff and volunteers direction on trail standards, signage, events, and improvements. Volunteers continued to build new trails, now that there was a method for approval and plan for locations. In 2012 volunteers and Roanoke County completed the first linkage from the greenways to the Cove with the construction of Tinker Creek Greenway from Hollins University to the boat landing. In 2013 the City hired a trail specialist to take on many of the tasks previously done by volunteers, becoming the volunteer coordinator and trail manager. Gradually, this has led to improvement in maintenance of trails, roads, and ditches and in signage, information, and amenities like a bathroom at Bennett Springs. It has also allowed multiple volunteer groups to build trail, thus leading to diversity in trail types. There are now 56 miles of trail at the Cove, most of them open to hikers, mountain bikers, and equestrians. The trails and allowed uses are shown on the map in Figure 4.3 (p.41). This 2018 Plan incorporates the entire Carvins Cove 2018 Roanoke Valley Greenway Plan Page 39 trail network into the greenway system and recognizes this area as a destination site attracting users from all over the East Coast. Benefits The Carvins Cove trail network provides a premier natural area that serves as a destination site for greenway users, as well as for tourists of all trail persuasions. Completion of additional greenway connections to the Cove, such as the Hinchee Trail described in Section 4.2.24, will allow local users to ride to the Cove and will enhance connectivity to other parks and public lands. The Cove has the potential to become a national destination for naturalists, mountain bikers, hikers, and equestrians. The region recently received designation as the first silver level IMBA Ride Center in the east, and this is only possible because of the extensive network at the Cove. Challenges Currently, Carvins Cove is in a pristine state with a large system of multi -use trails cared for by dedicated volunteers under the supervision of one staff person. Land use fees are collected by WVWA, but this funding is not available to the Parks Department. WVWA does use these fees to pay for patrols and to make improvements at the boat landing such as a handicapped accessible fishing pier and bathroom renovations. As visitation continues to increase and Carvins Carvins Cove offers equestrians many miles of trail riding. Cove becomes more and more a destination site, additional resources will be needed to ensure long-term sustainability of the trails and natural resources at the Cove. This large area has many miles of boundary, adjoining other public lands as well as private lands. There are instances of boundary encroachments, hunting, erection of tree stands, and riding of ATVs. Increased law enforcement presence, surveys when needed, and coordination with multiple agencies will be important to protection of this significant resource. Next Steps The City and the Water Authority should continue to coordinate on management of this asset and develop financial resources to maintain its watershed and recreational values. Roanoke County is coordinating with Pathfinders to provide an additional access to the Cove via the Hinchee Trail (Section 4.2.24). Additional information on Carvins Cove is available at the City of Roanoke and WVWA web sites. 4.2.8. Carvins Cove Connections, Map #8, Category 4 Increasingly, users want to be able to reach Carvins Cove without driving to a parking lot. This route recognizes the many requests to connect to the Cove. The routes developed will be dependent on available right-of-way and coordination with other management agencies. Page 40 2018 Roanoke Valley Greenway Plan L€G€Nd !`- CarNins Cone Natural Reserve 7M iNFORMATICIN f° PARKING - 0 0.25 O.SOMile. oH SHELTER � � $ N NO HCH6E3 tr . �.l NO BIKES.. y lh I NO HIKERS $ APPALACHIAN TPAIL ® BOAT LAVNCH j mPICNIC AREA EASY "� �.&s:. ■ MCWE aLfEleLlr VERY l7FFK:lllrJf// `�` �_I'• M F)CWNIELYOIPNCLILT ~ JUIWATELeN6 '7 (N❑PARKING3, .. + :r ,. BENNETT pAP-Rms+G ® PARNNG y BOAT LAN01111W �—&a®CAAVINS COVE r P q f -� iIMHERYIEYf �' PARKMG f� `Y T+3 _ I l� [stye Tnewfowwfyev�prgrm�ebrrrovice inrougn ancone etl dfell��eflefe/y kMbn ubWofAS well marRetl rroi6 ontl tootle. GRo�Naoee Axle. 4w dYp m Irl+r Rcae]EI4r wrll [w!: encounre rao. —'�Hofs Ereff. drew ore 4rPAPnore far ln`e�rtretl�e 9KRugA omronceo ueero. ierfaln wie ba scenper. r ib ira rtiwef, ROANOKC c,ndo4 xwa+ucnos a .eondro�s9onawinme s nowra Very bw kr Tf nr mom recomrm rn tor prremcary OR l mwmh ro hmal skill. Terrain is areep aw Wficulr o0 xx"will beenooenraretl. 6:eelvMy OLLIsuN Tree 10V.Ee are feapmfnentlea a+wy for ® pif� /ix uer.witla rechckic Udli LFaen. naso w wmwlape xa CA fOf Mx�RY!botM CW Mfd rwlcn 1-11-- . - -- Teraukr k meeR ow ef[bxlcfl 0WmVee will be eve *fea HOLLINS PARKING Figure 4-3: Carvins Cove Trail Network: Map of Existing Trails 2018 Roanoke Valley Greenway Plan Page 41 4.2.9. Catawba Greenway, Map # 9, Category 3 This greenway was added to the Greenway Plan in 2007 at the request of citizens, envisioned as a link between the Appalachian Trail, the National Forest, the Catawba community, and the Roanoke Valley greenway network. The greenway will have two sections, one tying from the AT south of Rt. 311 to Roanoke County's Catawba Community Center and the Virginia Tech Catawba Sustainability Center (CSC); the other section, in Phase 2, will start at a parking lot at CSC and climb the former Rt. 311 to a vantage point for bird watching, then climb up to the fire road to McAfee Knob. As plans have developed, the trail's role as a connection from the AT to the Catawba community has become increasingly important. Roanoke County and CSC have worked for many years to develop plans and permits for the trail and now plan to build a parking lot and bathroom to relieve congestion at the 311 parking lot. The sections close to the AT are on National Park Service land and require environmental compliance by them. Phase 1, the section south of Rt. 311, was approved in 2012 and built by volunteers in 2013. Roanoke County then built a bridge across Catawba Creek substantial enough to resist frequent flooding. When NPS compliance is finished, volunteers will build the trail from CSC to the fire road. The County is designing a parking lot and bathroom to serve trail users starting at CSC. The upper sections of this route will be hiker only because of the connection to the AT. The planned alignments of the different sections are shown in Figure 4-4. 1� mat ¢NZET YAP 1 cee 'm.r 1 V1�4 - 733 het Catawba Greenway at the Catawba Sustainability Center Ty Blue Blaze Spurs to the Appalachian Trail Dale 20M17 Figure 4-4: Catawba Greenway: Map of Existing and Proposed Sections Page 42 2018 Roanoke Valley Greenway Plan V4- �tiyti Filch dlfldbll1['y! CF IIFf ccf.. rSUSi. Sustainability r. •� 1� mat ¢NZET YAP 1 cee 'm.r 1 V1�4 - 733 het Catawba Greenway at the Catawba Sustainability Center Ty Blue Blaze Spurs to the Appalachian Trail Dale 20M17 Figure 4-4: Catawba Greenway: Map of Existing and Proposed Sections Page 42 2018 Roanoke Valley Greenway Plan 4.2.10. City, County, and Town Park Trails, Map #10, Category 5 There are numerous trails within the jurisdictions that have been built as features within local and regional parks or business centers. The City of Roanoke and Roanoke County both have a Parks Master Plan that itemizes trails and trail needs. This item number encapsulates those trails that are not otherwise included in the greenway network. Some of these trails serve the local neighborhood, school or employees, some have become destinations, others are associated with a greenway, and others could be connected to the greenway network, becoming attractions along the way. The City of Roanoke has paved or natural surface trails in Countryside Park (part is Lick Run Greenway), Fallon Park (cyclocross course near Tinker Creek Greenway), Fern Park (connected to Mill Mountain Trails), Fishburn Park (connected to Murray Run Greenway), Highland Park, Jackson Park, Kennedy Park (near Lick Run Greenway), Lakewood Park (near Murray Run Greenway), Norwich Park (near Roanoke River Greenway), and Ridgewood Park. In Roanoke County there are trails in Darrell Shell Park, South County Library, Starkey Park and Merriman Soccer Complex (all associated with Back Creek Greenway and Blue Ridge Parkway trails); Happy Hollow Gardens (terminus of proposed Long Ridge Trail); Walrond Park; Oak Grove Park, Hollins Park, and Mount Pleasant (near Blue Ridge Parkway Trails). In the Town of Vinton there are trails in Vinton Business Center, and in the Town of Buchanan trails are used at the Town Park. In Botetourt County there are trails in Boxley Park and Blue Ridge Park. There is a high demand in the region for additional trails close to home, and future development could help strengthen communities by providing local recreation opportunities and neighborhood connections through parks to greenways. 4.2.11. Craig Creek Trail, Map #11, Category 4 This route is included because it was so frequently mentioned by the public. There is an abandoned C&O rail line from New Castle to Eagle Rock, largely owned by VDOT and the Jefferson National Forest. Fifteen miles of this 26- mile route are in Botetourt County; the remainder is in Craig County, which is not a member of the Greenway Commission. In 2000-01 the Virginia Department of Conservation and Recreation (DCR) conducted a study of the potential of making this a rail-trail. There was vehement public objection, largely from residents of Craig County where many adjacent landowners were using the property as their own. Since then, Craig County has developed a trail on the rail bed from New Castle to Craig County Schools. In Botetourt County the rail bed is used in some locations for driveway access, but is largely open to the Forest Service Craig Creek Recreation Area. Botetourt County has acquired the rail property near Eagle Rock and is moving forward to develop a trail on it. 4.2.12. Daleville Greenway, Map #12, Category 3 Botetourt County is proposing a hard surfaced greenway trail in the greater Daleville area designed to accommodate pedestrians and bicyclists. The Botetourt Greenway Committee has studied the project's feasibility and conducted public outreach among area property owners to establish a viable route. Once built, the Daleville Greenway will connect various residential, recreational and commercial amenities. Among the proposed connections for the first phase are the Glebe Retirement Community, Daleville Town Center, and U.S. Bicycle Route 76. The Daleville Greenway could ultimately provide a connection from Greenfield to the proposed Tinker Creek Greenway extension coming out of the Roanoke Valley. 4.2.13. Eagle Rock Greenway, Map #13, Category 3 Botetourt County seeks to provide a hub for outdoor recreation and highlight the historic and natural resources of Eagle Rock by creating a future boat landing on the Upper James Water Trail, along with a small park and greenway connection to town. The proposed greenway connection follows the CSX Transportation main line, which runs between Railroad Avenue and the James River through Eagle Rock. The project area also includes a retired railroad bridge that crosses the James River. The bridge formerly served the C&O Railroad's Craig Valley Line. It had a county road cantilevered on the north side, and a pedestrian path cantilevered on the south side. Rehabilitation of this structure could provide future greenway access across the James to Craig Creek Road and the Craig Creek Trail, if developed. An engineering study was conducted in 2015 assessing challenges and opportunities of the area. 2018 Roanoke Valley Greenway Plan Page 43 4.2.14. Elizabeth Greenway, Map #14, Category 3 Most of the area within the triangle bordered by Texas Street, Lynchburg Turnpike, and Idaho Street has long been known as the Elizabeth Campus. In 1998 Salem rezoned portions of the property for commercial development. The Salem YMCA was built and numerous enterprises have been built within the Salem Commerce Park. Roanoke College still maintains its portion of the Elizabeth Campus, including buildings, soccer fields and tennis courts. This greenway will provide recreational use through the properties and will help connect downtown Salem to the Salem Civic Center. 4.2.15. Explore Park Trail Network, Map #15, Category 3 Explore Park is 1,100 acres of state owned land managed by the Virginia Recreational Facilities Authority (VRFA) and leased for 99 years to Roanoke County. The park includes many recreation opportunities like canoeing, fishing, picnicking, hiking, and mountain biking. Within the park are a Blue Ridge Parkway Visitor Center, the Brugh Tavern, Arthur Taubman Center, and a restored church which can be rented for special events. Access to the park is from Blue Ridge Parkway Milepost 115 via Roanoke River Parkway. Roanoke County completed the Explore Park Adventure Plan in 2016 to guide development of the park and expansion of recreation opportunities. Explore Park's trail system has several components, including 14 miles of mountain bike trails, hiking trails, and interpretive trails. Volunteers have provided assistance with construction and maintenance of these trails, as well as with those at Mayflower Hills Disc Golf Course, which opened in spring 2018. The County has a contract for design of Roanoke River Greenway to Explore Park and is seeking funding for sections through the park. Roanoke River Greenway will be a major non -motorized transportation corridor to and within the park. Development of Explore Park is underway, with camping opportunities anticipated by summer of 2018. Rutrough Point at Explore Park is a popular fishing area. Page 44 2018 Roanoke Valley Greenway Plan Figure 4-5: Explore Park Map of Existing Trails ZINGS �r :h ause 2018 Roanoke Valley Greenway Plan Page 45 4.2.16. Garden City Greenway, Map 16, Category 3 The Garden City Greenway corridor follows Garnand Branch from the Roanoke River near the American Electric Power (AEP) substation to Garden City Recreation Center, with a potential connection to the Blue Ridge Parkway trails. Construction of this greenway was mentioned often by the public in development of the 2005 Garden City Neighborhood Plan. In 2014 Roanoke City received Safe Routes to School funding to begin the project, generally as an on -road widened sidewalk. When the roundabout at the intersection of Bennington St. and Rt. 116 was built, a path connecting from Garden City Boulevard to Roanoke River Greenway was included. In 2016 pedestrian crossings to the trail segment built with the roundabout and a bridge across Garnand Branch were installed at the Riverland Road/Garden City Boulevard stoplight; wide sidewalks were included when the corner property was developed. In January 2018 construction began on the lower off-road portion of the greenway, utilizing properties purchased with flood mitigation funds. This greenway is a major improvement to the pedestrian and bicycle facilities of this neighborhood and, when complete, can provide important connections from Roanoke River Greenway Garden City Greenway provides for safe travel through through the neighborhood to the trail networks of Mill neighborhood. Mountain Park and the Blue Ridge Parkway. the 4.2.17. Gish Branch Greenway, Map #17, Category 4 Gish Branch is a tributary of Mason Creek, and the corridor includes several historic structures related to the Valley Railroad. This greenway could link Salem neighborhoods to the Hanging Rock Battlefield Trail and the Exit 140 Park - n -Ride. 4.2.18. Glade Creek Greenway, Map #18, Category 2 Glade Creek is a tributary of Tinker Creek, with headwaters in eastern Roanoke and Botetourt Counties near US 460. The floodway for the creek is quite wide, and numerous homes in the Town of Vinton were lost during the flood of 1985. For many years corporate sponsor Orvis, Roanoke County, and other partners have worked on various ways to protect the creek from sedimentation and erosion and to improve fish habitat. In 2017 the Town completed construction of the first section of this greenway from Tinker Creek at Virginia Avenue to Walnut Avenue. The Town is designing the next section from Walnut to Gus Nicks Boulevard, through Gearhart Park, in 2018, with expected construction in 2018-19, and is including the greenway in plans for redevelopment of Gish's Mill. From there the projected alignment along the creek will include a difficult crossing under a Norfolk and Southern trestle, where the greenway will enter Roanoke County's Vinyard Park. Beyond Vinyard Park the greenway could connect to developments in the City of Roanoke or to the Blue Ridge Parkway near Stewarts Knob. The portion in Vinyard Park is a priority for Roanoke County in Its Parks master plan. The first section of Glade Creek Greenway was completed in 2017. Page 46 2018 Roanoke Valley Greenway Plan 4.2.19. Gladetown Trail, Map #19, Category 3 Gladetown Trail in Vinton was built by Pathfinders' volunteers in 2012 as a loop trail from the Craig Avenue Recreation Center around the stormwater management pond. The connection on to Niagara Road has been explored and is included in Vinton's Comprehensive Plan, with connections to the Tinker Creek canoe launch, developed in 2015, and to Wolf Creek Greenway. 4.2.20. Green Hill Park Trails, Map #20, Category 5 Green Hill is a 224 -acre Roanoke County Park located along the Roanoke River west of Salem. The park offers a range of festival events, sports, and recreation opportunities. It includes an equestrian facility with show rings, stables, and a hunt course. The Greenway Coordinator and Pathfinders' volunteers worked with Roanoke County in 2008 to develop a trail plan and build 1.9 miles of multi -use trails for hiking and mountain biking. These tie into the section of Roanoke River Greenway through the park, which opened in 2008. Green Hill Park -Greenway and Trail Map MOM fl a 725 0.25 05 Figure 4-6: Green Hill Park: Map of Roanoke River Greenway and Other Trails 2018 Roanoke Valley Greenway Plan Page 47 4.2.21. Greenfield Trails, Map #21, Category 5 Located north of the Daleville Town Center on US 220, Greenfield Park is a large recreational area that features the Sports Complex (a baseball/softball stadium), soccer fields, a disc golf course, a playground area, and county owned trails. The trail system weaves through the Botetourt Center at Greenfield, which is a business park that contains parking for trailheads. These trails were built and are maintained by the County and include the Cherry Blossom Trail, Holiday Boyer Trail, William Preston Trail, and Greenfield Recreation Trail. Some are handicapped accessible, cinder -surface trails; others are grass surface and open to cross country runners and equestrians. The large pond along the Cherry Blossom Trail and the diversity of vegetation and insects attract many species of birds and thus bird watchers. Bluebird boxes can also be found in the park. This Plan recommends that these trails be nominated for inclusion on the Virginia Birding and Wildlife Trail (4.2.4). In October 2017, a conceptual master plan for the Greenfield Historical Preservation Area was presented to the public. The area is located within the Botetourt Center at Greenfield, adjacent to existing trailhead parking and US 220. The concepts presented call for the expansion of the existing trail network with the addition of interpretive walking paths that would guide visitors through the history of the area and its inhabitants. In 2017 some of the recreational trails were temporarily closed during construction of new businesses. Ngure 4-r ureenveio: Map or haus ar rsorerourr cenrer ano ureenrim rarK Page 48 2018 Roanoke Valley Greenway Plan 4.2.22. Hanging Rock Battlefield Trail, Map #22, Category 2 Description Hanging Rock Battlefield Trail is the only existing rail -trail project in the Roanoke Valley. It is a portion of Mason Creek Greenway, 1.7 miles long, along a railbed donated by Norfolk and Southern. The project was initiated by the Hanging Rock Battlefield and Railway Preservation Foundation, supported by the City of Salem and Roanoke County. The railroad right-of-way was donated to the Foundation and then from it to the localities. Features include the Hanging Rock, Mason Creek, Buzzards Roost, and Route 311 scenic byway. This joint project between the City of Salem and Roanoke County opened in 1999. Facilities included a northern parking lot with historic information and exhibits, shared parking facilities at the Orange Market and at the southern terminus of the trail, numerous interpretive signs about the Battle of Hanging Rock and the railroad corridor, bike racks, a renovated trestle bridge, and wildflower plantings along the trail. Since the 2007 Plan, Roanoke County has completed the bridge across Mason Creek, wetland plantings, and a separate parking area at the Orange Market. The greenway is listed on Virginia's Civil War Trails map of the Shenandoah Valley and on the western Virginia Birding and Wildlife Trail Guide. Status Use of this greenway has increased steadily. In 2013 Parkway Brewing Company opened a facility next to the trail. Parkway's popularity has encouraged use of the trail, and Parkway has been a sponsor for many years of the annual fundraising race, Gallop for the Greenways. Salem has designed the extension of Hanging Rock from its southern terminus to East Main Street, with construction expected in 2019. At East Main the trail will connect to of Greenway (See Figure 4-10.). On the northern end, the trail will connect to the newly proposed Hinchee Trail, Section 4.2.24, to provide a direct link to Carvins Cove. Benefits This greenway has been an attraction for tourists, particularly those interested in the Civil War. The Civil War Roundtable at Virginia Tech often sponsors field trips to this site, which is the closest battlefield to Blacksburg. With easy access to Interstate 81, tourists may be introduced to the Valley's greenway network at this trail. Challenges The cinder surface of this trail is subject to erosion during heavy stormwater events. Because the facilities are almost 20 years old, the signs and bollards need maintenance or replacement. The surface itself needs more frequent rolling and compaction. There is an opportunity to expand interpretive facilities along the trail by renovation of the coal tipple, but it is not owned by the County and such a renovation is unfunded at this time. Next Steps Salem expects to begin construction of the extension to East Main Street in 2019. her proposed and funded sections of Mason Creek HANGING ROCK BATTLEFIELD TRAIL e�ae Ro @e i b+ 1311 _.. �`°n Raaeoxe co a�@, • P.— 8 Recreation S M°Y Office 419 p • F f F �y. o� o@ S t e m 1 Ile I �a .o • I demomeree�a ��. fiaNefield Trd ® Riosk RM s Roatl `{[F .� •tl 0 500 1,006 2000 R �'. Hi�weys M Par@irg ® Pimie Tahfe I0 0_I 02flb @I 1®OM1, TYreYs Figure 4-8: Hanging Rock Battlefield Trail Map 2018 Roanoke Valley Greenway Plan Page 49 4.2.23. Havens Wildlife Management Area Trails, Map #23, Category 5 Havens Wildlife Management Area (WMA), covering 7,190 acres, is located in northwest Roanoke County and managed by Virginia Department of Game and Inland Fisheries. Havens encompasses most of Fort Lewis Mountain and is generally steep and inaccessible terrain except to the hardiest hunter or nature enthusiast. Elevations range from 1,500 to 3,200 feet. In addition to hunting, Havens offers visitors the opportunity to hike, view wildlife and wild flowers, and pursue other outdoor interests. The WMA is an important connection between Carvins Cove and the western part of Roanoke County and its trails could be a component of the proposed Perimeter Trail (4.2.36). Havens has two primary public access points: • Carroll's Access Road from Wildwood Road; parking here is not always open. • Bradshaw Road, VA 622, where there is a small parking lot. In addition, there is access to the various communication towers on the mountain via Forest Acre Road, which is gated. Public access on this road would significantly increase the opportunities for use of these trails. Additional information is available from the Department of Game and Inland Fisheries. _ ez 3r b 0, HAVENS MLDLIFE MANAGEMENT AREA ^, Figure 4-9: Havens Wildlife Management Area Map r7dVeI15 vvlluille 1V1d[NA efT1e11L Hled �Irma. U -1o. dam. .. J,t.. � � ���• � _ ,...� �_' . ��,��_._��' � k { t y �4fi IKA- a Trail users have made unofficial maps to show trails at Havens WMA. Page 50 2018 Roanoke Valley Greenway Plan 4.2.24. Hinchee Trail, Map #24, Category 3 Planning for this trail began with the 2007 Plan and became more specific in the Trail Management Plan for Carvins Cove, approved by Roanoke City Council in 2010. This connection is described as "a major connector to the valley greenway network" and recognizes the opportunity to tie the Carvins Cove Trail Network to the Hanging Rock Battlefield Trail and thus the reenwa network Brush 9 Y Y Mountain Fire Road, an existing single lane, unsurfaced road with ditches, is this connection, running from Timberview Road at Hanging Rock to Happy Valley Trail at the Carvins - - Cove gate, a distance of over 12 miles. While ten miles of _:.. F the road are on the City's Carvins Cove property, two miles 11 have been in the Hinchee family for many decades. When the land passed to a younger generation through trusts, the owners approached the Greenway Coordinator with jj= willingness to protect the land and allow the greenway linkage. In 2017 Pathfinders for Greenways purchased 35 acres and 1/2 interest in the 200 -acre property, with an agreement to donate it to Roanoke County in 2019. Survey - and additional rights-of-way may be needed on the road. The The Hinchee store was a busy general store prior to construction property will be managed by Roanoke County Department of of Rt. 311. Parks, Recreation and Tourism. 4.2.25. James River Greenway, Map #25, Category 4 The James River has historically been a major transportation corridor and there have been many efforts to make the river completely navigable through addition of locks and other navigation aids. In 2009 the Virginia Department of Conservation and Recreation designated statewide trunk line trails, including a conceptual James River Heritage Trail that could basically parallel the Upper James River Water Trail. The Town of Buchanan is looking at options for initiating this greenway with a trail on park properties within the Town. 4.2.26. Jefferson National Forest Trails, Map #26, Category 5 The Jefferson National Forest includes 690,000 acres of woodlands between the James River and southwest Virginia. It is managed by the U. S. Forest Service for multiple uses, including recreation, timber, wildlife, water, and minerals. The Jefferson is now administered jointly with the George Washington National Forest, which covers the Forest Service lands in the north western part of the state from the James River to the Potomac River. The U. S. Forest Service is one of the experts nationally in construction and management of natural surface trails for hiking, horseback riding, mountain biking, and other trail uses. The addition of Botetourt County to the Greenway Commission significantly increases the number of Forest Service Trails in the service area. Table 4-3 provides information on the 139.8 miles of Forest Service trails in the jurisdictions which are members of the Greenway Commission. The National Forest provides existing trail destinations as well as important greenway connections for the Perimeter Trail, Appalachian Trail, and other trail loops. National Forest trails close to the Roanoke Valley include the North Mountain, Patterson Mountain, Arcadia/North Creek, and Glenwood Horse trails. Trails on the National Forest are under federal jurisdiction and management. The National Forest has many miles of multi -use trails. 2018 Roanoke Valley Greenway Plan Page 51 Table 4-3: U. S. Forest Service Trails within the Roanoke Valley Greenway Service Area Forest Service Trail Name Segment County Use Surface Mileage District Boy Scout Trail Dragons Tooth Trail to AT Roanoke Eastern Divide Hike C 0.5 Catawba Valley Trail Rt. 779 to North Mtn Trail Botetourt Eastern Divide Hike and Bike C 2.5 Craig Creek Campground Trail Trail around peninsula Botetourt Eastern Divide Hike and Bike C 2.0 Dragons Tooth Trail Rt. 311 parking to AT at saddle Roanoke Eastern Divide Hike C 1.2 Hoop Hole Trail Upper and Lower Loop Botetourt Eastern Divide Hike and Bike C 9.0 Iron Ore Trail Roaring Run to Hoop Hole Botetourt Eastern Divide Hike and Bike C 2.4 Kelly Trail Price Mtn Tr to FS 184 Botetourt Eastern Divide Hike, Bike, C 1.3 Horse Lee's Creek Horse Trail FS 5061 to Stone Coal Creek Rd. Botetourt Eastern Divide Hike, Bike, C 2.8 Horse North Mountain Trail Rt. 311 to Turkey Trail Roanoke Eastern Divide Hike and Bike C 6.5 North Mountain Trail Turkey Trail to Stone Coal Gap Botetourt Eastern Divide Hike and Bike C 6.7 Hike, Bike, Patterson Mountain Patterson Mountain Trail Botetourt Eastern Divide Horse C 6.0 Hike, Bike, Patterson Mountain Tucker, Helms Loop, Elmore Botetourt Eastern Divide Horse C 5.1 Hike, Bike, Price Mountain Rt. 606 to Patterson Creek Rd. Botetourt Eastern Divide C 6.6 Horse Roaring Run Trail Trailhead to falls Botetourt Eastern Divide Hike C 1.5 Sulphur Ridge Trail Rt. 606 to Price Mtn Trail Botetourt Eastern Divide Hike, Bike, C 3.3 Horse Apple Orchard Falls North Creek Rd. Trailhead to BR Botetourt Glenwood/ Pedlar Hike C 3.3 Parkway Buchanan Trail VA 43 to Cove Mtn. Trail Botetourt Glenwood/ Pedlar Hike and Bike C 2.5 Appalachian Trail to North Creek Cornelius Creek Trail Botetourt Glenwood/ Pedlar Hike C 2.9 Cornelius Creek Spur Trail FS 812 to Cornelius Creek Trail Botetourt Glenwood/ Pedlar Hike C 2.8 Cove Mountain Trail Rt. 622 to Glenwood Horse Trail Botetourt Glenwood/ Pedlar Hike and Bike C 1.5 Curry Creek Trail AT to Rt. 640 Botetourt Glenwood/ Pedlar Hike C 0.7 Glenwood Horse Trail Multiple Botetourt Glenwood/ Pedlar Hike, Bike, B/C 29.2 Horse Glenwood Horse Trail Multiple Botetourt Glenwood/ Pedlar Hike, Bike, B/C 7.7 Alternate Horse Hammond Hollow Trail AT to FS 634 Botetourt Glenwood/ Pedlar Hike C 1.8 Hike from FS 3004 to AT; Little Cove Trail AT to Rt. 614 Botetourt Glenwood/ Pedlar Hike and Bike C 2.8 from FS 3004 to 614 Hike, Bike, Salt Pond Road Curry Gap on BRP to Rt. 711 Botetourt Glenwood/ Pedlar Horse B 4.7 BR Parkway to Glenwood Horse Spec Mines Trail Trail Alt. Botetourt Glenwood/ Pedlar Hike and Bike C 2.8 Sprouts Run Solitude Road to FS 812 Botetourt Glenwood/ Pedlar Hike C 3.4 Whitetail Trail Long and short loos Botetourt Glenwood/ Pedlar Hike and Bike C 2.6 Wildcat Mountain Trail Loop in Cave Mtn. Lake Rec. Area Botetourt Glenwood/ Pedlar Hike and Bike C 4.0 Wilson Mountain Trail Rt. 622 to Skillern Mtn. Road Botetourt Glenwood/ Pedlar Hike and Bike C 3.6 Lollipop from Longdale Picnic Hike, Bike, Anthony Knob Trail Area to Blue Suck Trail Botetourt James River Horse C 4.7 Longdale Furnace Picnic Area to Hike, Bike, Blue Suck Trail AnthonyKnob Trail Botetourt James River Horse C 1.4 B = Crushed aggregate stone or wood chips; Total C= Natural surface, wood chips or grass Miles 139.8 Page 52 2018 Roanoke Valley Greenway Plan 4.2.27. Lick Run Greenway, Map #27, Category 2 Description Lick Run is a tributary of Tinker Creek, starting in north Roanoke County and running to downtown Roanoke. The creek has water year round and is one of the major drainages in the valley, contributing to flooding downtown during heavy rains. The 1928 Comprehensive Plan for Roanoke depicted a green corridor along this creek, thus recognizing its importance to the green infrastructure of the valley. Lick Run Greenway provides a direct connection between downtown Roanoke and the Valley View business district. Status Construction of Lick Run Greenway from Valley View Extension to downtown was completed in phases between 1999 and 2006. Within the downtown area, the original route was designed to go to the Visitor Center at 0. Winston Link, but was later moved to take advantage of the Martin Luther King bridge. Now, with the completion of the Amtrak Platform, the downtown alignment is being returned to the original alignment, providing a connection to the Visitor Center, Hotel Roanoke, and the Market Street glass bridge with its popular view of the trains below. Planning for Lick Run Greenway sections beyond Valley View was completed in 2009, with the Lick Run Greenway Phase III Feasibility Study of routing options. In 2013 the Evans Spring Area Plan was completed, and residents insisted that the greenway be included in any new development near Fairland Lake. In 2014 a half mile section was built in conjunction with development of Countryside Park, as well as a one mile fitness trail. In 2016 a new bridge for the greenway was built over 1-581 as part of the Valley View exit reconfiguration. In 2018 the greenway was provided a separated grade crossing at 10th Street as part of the reconstruction of the road. Amenities along the greenway include fitness stations, bike fix -it equipment, interpretive signs, and the bridge connecting to Norris Drive as a neighborhood connection. Benefits Lick Run Greenway is a crucial greenway in terms of transportation from downtown Roanoke to northern parts of the valley. It provides a free exercise and recreation facility in a section of the City which has historically been underserved. It also is important in terms of green infrastructure. Protection of riparian buffers along this perennial stream and its many tributaries such as Cedar Creek helps reduce runoff and thus flooding in downtown. The wooded linear trail linking multiple parks provides a beautiful setting with unusual habitat for an urban area. Lick Run Greenway provides a woodland trail that provides exceptional connections with nature.. When Valley View interchange over 1-581 was rebuilt, a separate bridge was provided for Lick Run Greenway. Challenges The Feasibility Study for Phase III does define routing options as far as to Peters Creek Road. Northside High School, Green Ridge Recreation Center, Valley Pointe, the proposed Wood Haven Business Center, and Roanoke - Blacksburg Regional Airport are potential destinations for this greenway if it were extended, but no plans for these phases have been developed. There are unique opportunities for inclusion of the greenway during development of 2018 Roanoke Valley Greenway Plan Page 53 properties currently in open space and for modification of existing road spaces to include on -road connectors. There is also an opportunity to develop greenways on branches of Lick Run as part of stormwater management projects in downtown. Next Steps The City of Roanoke is exploring options for extending Lick Run from Countryside Park to Peters Creek Road near Northside High School. Roanoke County should develop a plan for the greenway from Peters Creek Road to Wood Haven Road and within the new business park. The City of Roanoke and Roanoke County should continue to take advantage of opportunities to provide on -road connections and to develop off-road sections in conjunction with other developments. 4.2.28. Long Ridge Trail, Map #28, Category 4 Long Ridge connects Poor Mountain Preserve, managed by the Virginia Division of Natural Heritage, to Happy Hollow Gardens, managed by Roanoke County as a park. The ridge is undeveloped at this time and provides a unique opportunity for a woodland trail connecting western Roanoke County to southwest County. 4.2.29. Mason Creek Greenway, Map #29, Category 2 Description Mason Creek begins in the Masons Cove area of Roanoke County and runs into the Roanoke River across from the Cook Drive Industrial Park in Salem. This watershed has significant drainage, providing brief paddling opportunities after substantial rains. Hanging Rock Battlefield Trail is a portion of Mason Creek Greenway. Upstream from Hanging Rock the greenway is in Roanoke County and could be extended to provide connections to Carvins Cove Road, Masons Cove, and thus over the mountain to Catawba Valley and Catawba Hospital. Downstream from Hanging Rock Trail, the creek is in Salem. It parallels Kessler Mill Road to Main Street, flows behind Lakeside Shopping center, under Rt. 419, past the General Electric plant and Burton Center for Arts and Technology, to Roanoke River near Apperson Drive. Status In 2004 this greenway was awarded funding through the Scenic Byway portion of the federal Omnibus bill. This funding was used in 2013 to build the first mile of the greenway near General Electric, from Roanoke Boulevard to Salem Turnpike. Additional funding has been obtained to provide the connection from Salem Turnpike to East Main Street, where it would tie to the extension of Hanging Rock Battlefield Trail. On the northern end of Hanging Rock Battlefield Trail, a half mile of Mason Creek has recently been purchased by Pathfinders for Greenways as part of the Hinchee Trail project (Section 4.4.24). The bridge across the creek on Dutch Oven Road has been closed by VDOT, making Dutch Oven a potential location for the greenway. Roanoke County completed an engineering study of the bridge to explore options for rehabilitation as a trail bridge. Beyond that bridge, there is some off-road VDOT right of way that was once Rt. 311. Benefits Completion of this greenway from Hanging Rock Battlefield Trail to Roanoke River Greenway will provide an important north - south connection from the river to Carvins Cove, Havens Wildlife Management Area, the Jefferson National Forest, the Appalachian Trail, and North County neighborhoods. There are numerous businesses and commercial areas along the route, and thus the greenway could be important for access to these employment areas, as a health and fitness facility for these businesses, and as a quality of life attraction that facilitates retention of a talented work force. Because of the linkage to Hanging Rock Battlefield Trail, this greenway has great potential Mason Creek Greenway is used daily by GE employees. Page 54 2018 Roanoke Valley Greenway Plan as a destination site for tourists, who might then bike or run on to Roanoke River Greenway. Challenges Downstream from Roanoke Boulevard there are railroad crossings that could complicate an off-road alignment parallel to the creek. Other options might include an off-road route behind the Veterans Administration Hospital or an on - road route along the road to Peters Creek Extension, where sidewalks and a bike lane tie to Roanoke River Greenway. On the upstream section there is some right-of-way available, but not yet a continuous route. Next Steps The City of Salem should continue with construction of the section from East Main Street to Salem Turnpike and with construction of the Hanging Rock extension to East Main. Downstream from Roanoke Boulevard, Salem should continue exploring all routing options to provide a connection to Roanoke River Greenway. Hanging Rock is popular for running and walking because its cinder surface is softer than asphalt. Figure 4-10: Mason Creek Greenway Phase III: Proposed linkages between existing sections of Hanging Rock Battlefield Trail and Mason Creek Greenway 2018 Roanoke Valley Greenway Plan Page 55 4.2.30. Masons Cove Greenway, Map #30, Category 4 The Masons Cove Greenway would connect Mason Creek Greenway to Catawba Greenway utilizing an old railroad bed. Bicyclists could use this route to get up the mountain and connect to Rt. 311 to reach U. S. Bicycle Route 76. 4.2.31. Mill Mountain Greenway, Map #31, Category 5 Description The Mill Mountain Greenway was selected in 1996 to be the Roanoke Valley's pilot project. The original plans envisioned the greenway connecting from the market downtown to Mill Mountain Park and out to Explore Park via the Blue Ridge Parkway. Later the project was limited to the route from the market to the Star and thus this greenway is considered complete. Status The City of Roanoke has built on and off-road sections of this greenway, as right of way has allowed. The greenway officially connects to Lick Run Greenway at "ground zero" by the Wells Fargo Tower; it then is on existing streets and sidewalks to Elmwood Park, where it is off-road; it parallels Williamson Road through the railroad district and crosses Walnut Avenue bridge on sidewalks. Originally the route followed the Roanoke River to Piedmont Park and came up Laurel Street, but, when that section of Roanoke River Greenway was built in 2007, Mill Mountain Greenway moved to a more direct route straight up Walnut Avenue. Bicyclists share the road, and pedestrians follow sidewalks and streets to reach the rugged terrain of Mill Mountain, following historic Prospect Road, the old road up the mountain. The greenway passes under the Mill Mountain Tollbooth and utilizes the unique switchback bridge. The greenway reaches the top of the mountain at the Discovery Center, where park pathways link to both the Mill Mountain Star and the trail system of the mountain. The greenway opened in 2003 in a joint dedication with the western phase of the Virginia Birding and Wildlife Trail. Pathfinders for Greenways helped raise private funds for restoration of the toll booth in 2010. Benefits This greenway provides an important connection from downtown to the northern section of the Riverside Centre for Research and Technology, Roanoke River Greenway, Mill Mountain Park and Star, and the Blue Ridge Parkway. Challenges Because of its urban location, wayfinding for this greenway, off-road and on -road, has been challenging. Clear signage for users, as well as for adjacent motorists, is important. Further wayfinding identification should be considered to create fluid connectivity between Mill Mountain and Lick Run Greenways, through downtown Roanoke, and up Mill Mountain. Additional and separated space for bicyclists in some on -road sections is desired. Next Steps The City Parks and Recreation Department will continue to coordinate with other departments and with Downtown Roanoke, Inc. for wayfinding improvements for both greenway users and vehicles wishing to reach Mill Mountain. When the renovation of the Virginian Station was funded, a bathroom for greenway users was included in the project; the City will encourage any operator to keep those restrooms open to the public during normal business hours. Also, improvements along Walnut Avenue to identify more space for greenway users would improve the connectivity of this route. Page 56 2018 Roanoke Valley Greenway Plan s Welts Ave NWHop g Y Roaenake ®Map N � lot �,uGowrtown. 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Reserve°SW 5y 4,'fs a y a Rivers Edge = `t Sports Complex North' 1 _omPlsx south i Heeling M arlounran G—nwd S' WaLGhLOWeROAN R. s i i+ STAR INS` ❑. vs w V m $ "Ilk y IN. overy C -A. � Mill �y 2,prp oaacrr St SE m c h` ,dm c v 'J rn e g -y 668 C9 w va .= stn St SE u c� a w 40 .2 to 3 rn a ti Sef yJCe Ave SE N i Q �y R�a,rokeRivaepAwe SE 1 � � �y L) z c 2 a� �StiroS'^ - N Craig Rc-`., Figure 4-11: Mill Mountain Greenway Map, a connection from downtown to Mill Mountain Star 2018 Roanoke Valley Greenway Plan Page 57 W N a 1 Figure 4-11: Mill Mountain Greenway Map, a connection from downtown to Mill Mountain Star 2018 Roanoke Valley Greenway Plan Page 57 4.2.32. Mill Mountain Park Trails, Map #32, Category 5 Description Mill Mountain Park is a 600 -acre park managed by Roanoke Parks and Recreation Department. It has historically attracted recreational use and many of the trails are shown on 50 -year old maps. Status In 2006 Roanoke City Council adopted the Mill Mountain Park Management Plan, developed by the Roanoke Parks and Recreation Department. This plan included the Mill Mountain Trails Plan, developed by Parks staff, Pathfinders for Greenways volunteers, and the Greenway Coordinator. The Trail Plan included inventory and assessment of all trails on the mountain, proposed trails for completion of a network, and management of trails in the park. A few trails on the mountain are open to hikers only, but most are available also for mountain biking and equestrian use. The trail network connects the park to Chestnut Ridge Loop Trail, managed by the Blue Ridge Parkway, to Fern Park and Piedmont Park, and to Riverland, South Roanoke, and Garden City neighborhoods. Pathfinders for Greenways helped build many of the trails in the Trail Plan and the trail specialist, hired in 2013, has recruited many additional volunteers. The trails proposed in the Trail Plan were all completed by 2015. New maps and kiosks were Installed In 2017. The Mid -Week Crew of Pathfinders for Greenways has built many Users have requested additional trails. miles of trail on Mill Mountain. Benefits The Mill Mountain Park trails provide a wonderful, wooded network of natural surface trails within walking distance of numerous City neighborhoods. These trails also provide an attraction for tourists coming from the Blue Ridge Parkway. Challenges Park staff face the typical challenges of managing a wooded park and trail network in an urban area. These challenges include restricting illegal uses, such as all - terrain vehicles, camping, and fires, managing user conflicts, educating inexperienced users, managing resources such as control of invasive species, protecting resources like trees and wildlife, and maintaining facilities. Next Steps Neighborhood connections are needed from the Riverland Road Trailhead to Garden City Greenway and Roanoke River Greenway. Park staff should continue to work with volunteers on trail maintenance, construction and wayfinding. At this time no new natural surface trails are planned on Mill Mountain, but an update to the trail plan is scheduled for 2019. There are opportunities for development of trails nearby on the Roanoke River flood bench. Kiosks at trailheads provide maps and information about the Mill Mountain trails. Page 58 2018 Roanoke Valley Greenway Plan MILL MOUNTAIN PARK TRAIL MAP r� 1 � 41 i =R d I' r�{�' IuuluouNrux sraa MILL MOUNTAIN PA" CBNtNFrCIpH i. d, T _ .: wW a€0M mren INAiIONAL K eAPK aERYIC£I ?awr�wv. /I ® te5reonM. © e�aSPrtu �� -Please slavethe Vallsand ham respect for others Brg Sunny D.73 More O«flcul{ ■ Multi -USC 7411 _ Crystal Spring 0.61 Easy . No Horses 104 ft Manu meat 1.55 Mote Dirkull ■ MuI11 Ust- 553 ft — Rldgellnek 1.26 More Dlfllcdi, ■ Multi -Use 411 fl Riser 0.31 More Ddtlrutt ■ Multi -Use 137 ft — Sidewlnder 053 Morearlc,n[ ■ Multl-Use 224 ft SW 1.38 More Dlfflcuft ■ Hikers Only 639 ft uar- W—Thrush Con—w 0.24 More Dlfficwt ■ Multl-Use 143 ft Understory 0.39 Mast Dccult +Multl-Use i09ft _ 'Orglnla Pine 0.75 More DIRIW:t ■ MUL Use 1758 — Watch€ower 0.22 Lary • Hikers Only 111 ft 1 Woodth—M 1.80 Mare Difficult ■ Multi -U.373 ft I r�"s 4 pa Wy on Nannnal Park SeMce property add may have dlfremnt ntles andusage �j ?awr�wv. trvraeurnoN ® te5reonM. © e�aSPrtu �� -Please slavethe Vallsand ham respect for others -Plepynu,yon tandplckzpamagc alel Keep your pet on a leash antl pick up abet your pet - limping and motorlxetl vehldes are Rrohlbhetl _ drdly parkout all )ra=h ROA N O KE PARKS AND RECREATION To report trail mM1bn orformorelnform— about the Cky of Roatwkers -115 -d trail programming please call 54085}%67. Lor prre InfottwH about Mile QIounlaln and nature ogram, please visit the Olscuvery fencer (540. 8531236) or flnd upcoming evenhs and aRlNdes a¢: WwN.ptaY—rwk- 1n the even[ of an emergency, please WI 911. Figure 4-12: Mill Mountain Park Trail Map 2018 Roanoke Valley Greenway Plan Page 59 4.2.33. Mudlick Creek Greenway, Map #33, Category 4 Mudlick Creek flows through many neighborhoods in Roanoke County and the City of Roanoke, generally connecting Hidden Valley High School (HVHS), Garst Mill Park, and the Deyerle Road area. The creek is subject to flash flooding after hard rains, and in 2002 Roanoke County installed a stormwater detention pond as part of the High School construction. The first section of this greenway opened in Garst Mill Park in 1997, built in conjunction with a sewer line upgrade. The '/2 mile paved trail is heavily used by neighbors and by other park visitors. In addition to those exercising, frequent users include families with children learning to ride bikes, groups with wheelchairs and mobility impairments, neighbors walking dogs, and folks with mobility impairments. Since the trail was built, many amenities have been installed, including trees, benches made from recycled materials, pooper scooper bag dispensers, and memorials to Lee Eddy and Charlie Blankenship, early greenway supporters. Extension of the trail is challenging because of the proximity of residences to the creek itself, but several easements have been secured. In 1999 an easement for the greenway near Route 419 was secured as a proffer with the McVitty Forest development. An easement downstream from the park, parallel to Garst Mill Road, was secured in 1999. The greenway has been included in development plans for HVHS, McVitty Forest, and McVitty Road. Connections to Cave Spring Middle School and Penn Forest Elementary have also been proposed in conjunction with Merriman Road improvements. In 2015 a bench was installed in Garst Mill Park in honor of Charlie Blankenship, one of the founders of the greenway program MUD LICK CREEK GREENWAY GARST MILL PARK Garst Mill Park K C o u n t y o f R o a n o k e O���s� N E4gd2 G� m� V t mMLty 8 3 B i me. MW L'rk GmekB IfiaY .:.or..rn.. raxw �GrecowaY F oRoatl Renoaa i Reps Q Pah la�3cU5 Mies Figure 4-13: Mudlick Creek Greenway at Garst Mill Park Page 60 2018 Roanoke Valley Greenway Plan 4.2.34. Murray Run Greenway, Map #34, Category 3 Murray Run is a stream which starts near Green Valley School in Roanoke County, runs through a site known as the Old Jefferson Hills Golf Course, passes behind residential houses, and then enters Fishburn Park. From the park the stream goes under Brambleton Road, through a neighborhood, through Lakewood Park, behind more residences and then under Brandon Road to Roanoke River. In 1998 the Greater Raleigh Court Civic League adopted this project and developed a plan which combined three routes suggested in the 1995 Conceptual Greenway Plan. The greenway has been built in stages, with much of the work by Pathfinders for Greenways and corporate volunteers. The trail has a natural surface in wooded areas and a cinder surface across school and park fields, with a dramatic 80' curved bridge built by volunteers at Fishburn Park. The sections of the greenway which have been built connect six schools and three parks: Patrick Henry High School, Roanoke Valley Governor's School, Raleigh Court School, James Madison Middle School, Fishburn Park Elementary, Virginia Western Community College, Shrine Hill Park, Woodland Park, and Fishburn Park. Fishburn Park includes an additional mile of natural surface trails which are used in conjunction with Murray Run to form loops. Other facilities along the route include the Virginia Western Arboretum, Blue Ridge Public Broadcasting Station, and the Gator Aquatic Center. Murray Run Greenway is the City's most natural greenway corridor, connecting forest fragments and parks. Status Roanoke Parks and Recreation Department completed Murray Run Greenway Extension Feasibility Study in 2010 to explore alternatives to connect upstream to Roanoke County and downstream to Roanoke River Greenway. Support for the upstream portion was heard frequently at Roanoke County public input meetings for the 419 Town Center Plan. Concerns about development on the Shenandoah Life property were heard at greenway meetings in 2017. Next Steps An extension of the greenway is possible from Colonial Avenue to Ogden Road, Tanglewood Mall, and Green Valley Elementary School. On the other end a connection to the Mudlick Creek corridor is proposed along Grandin Road. In addition, there could be connections along Brandon Road or Brambleton Avenue. The City should develop safer bicycle/pedestrian connections on these roads, provide bike/ped signalization at stoplights, work with developers to incorporate trails, and obtain easements on the Old Jefferson Hills Golf Course „w b,¢k h,^ LEGEND w BLaP£ Mil Fs RU CHAxcF A' �v� d MURRAY RUN GREENWAY Shi—Hill, W-1- 4-14: Murray Run Greenway and Fishburn Park Trails 2018 Roanoke Valley Greenway Plan Page 61 4.2.35. National Forest Connections, Map # 35, Category 4 With the inclusion of Botetourt County, there are many miles of National Forest trails providing destination nodes for trail users. In most cases these trails are not accessible without a car, even if relatively close to communities. This route recognizes the need for such connections from communities such as Buchanan, Arcadia, Daleville, Cloverdale, and Eagle Rock. Any connections would require Forest Service approval contingent on assessment of location, environmental impacts, and sustainability. 4.2.36. Perimeter Trail, Map # 36, Category 4 The Perimeter Trail will be a multi -use trail, on and off-road, circling the Roanoke Valley and connecting existing public lands. Existing trail networks to be connected include Carvins Cove, Havens Wildlife Management Area, Green Hill Park, Spring Hollow, the Blue Ridge Parkway, Explore Park, and the Jefferson National Forest. This greenway would provide a long distance trail for hikers, equestrians, and mountain bikers. 4.2.37. Poor Mountain Trails, Map #37, Category 3 Poor Mountain Preserve is a 933 -acre site managed by the Virginia Division of Natural Heritage (Department of Conservation and Recreation) to protect the world's largest population of the globally rare piratebush. This shrub is dependent on the opportunity to entwine its roots with those of Table Mountain pine or hemlock. A small parking lot provides access from Twelve O'clock Knob Road. Pathfinders' Mid -Week Crew has assisted the Division by building the Piratebush Loop, Overlook and Canyon Trails, with the Cascade Trail built under contract. Division plans call only for these four miles of trail, but additional trails within and beyond the Preserve could provide connections to Poor Mountain Road and Harborwood Roads. t •'a� a 0 di low - Figure 4-15: Poor Mountain Preserve Trails Legend Presene Boundam ^/ Piratebush Loop Trail - 0.8 mi. /'* / Overlook Trail - 0.7 mi. / Cascade Trail - 1.0 nii. Canvon Trail - 0.4 mi. ® Overlook 0 9.125 0.25 Miles I i i i Page 62 2018 Roanoke Valley Greenway Plan 4.2.38. Read Mountain Greenway, Map #38, Category 3 Read Mountain Greenway will be a connection from Tinker Creek Greenway at Mason Mill Park to Read Mountain Preserve in Roanoke County. With additional development and employment at the City of Roanoke's Centre for Industry and Technology (RCIT), demand has increased for connections to nearby trail opportunities. This greenway is projected to go from Tinker Creek Greenway to businesses at RCIT, then up to the CCC Trail at Roanoke County's Preserve. In 2018, City and County staff are working on a preliminary alignment, feasibility plan, and easements for this stretch of greenway. 4.2.39. Read Mountain Trails, Map #39, Category 3 Read Mountain lies between US 460 and Old Mountain Road and is undeveloped on its upper slopes. In 2000 a grassroots group called Read Mountain Alliance was formed to protect the mountain from ridge line development. The Alliance has worked with property owners to secure easements and to explore and build trails on the mountain, with assistance from Pathfinders' Mid -Week Crew. In November 2006 a developer donated 125 acres to Roanoke County to be part of a new park and in 2008 the Read Mountain Preserve was opened to the public as a County park. In addition to trails on the mountain within the Preserve, there is opportunity for a connection to Tinker Creek Greenway and RCIT, via the Read Mountain Greenway, and to Botetourt County and ultimately the Jefferson National Forest through new trails to the north. Legend Parking Q Picnic Table Buzzards Rack Trail o RockyW9yTrcila4 — Crossover Trail rai o CCC Trail (v ii Private Leased Pral County Park Propel o State Rood Sumn Elevatl erdmoi.innlr , .I Figure 4-16: Read Mountain Preserve Trails, all built by volunteers 2018 Roanoke Valley Greenway Plan Page 63 4.2.40. Roanoke River Greenway, Map #40, Category 1 Description The Roanoke River Greenway has always been considered the backbone of the regional greenway and trail network. This bicycle/pedestrian path, projected to be 31 miles, will be the major west -east greenway, making it possible to travel from western Roanoke County near Spring Hollow Reservoir through the City of Salem to the City of Roanoke, Town of Vinton, Blue Ridge Parkway and Explore Park. The greenway will provide linkages to neighborhoods, industrial facilities and business complexes, ten parks, three schools, two sport complexes, Cardinal Criminal Justice Academy, the Blue Ridge Parkway and Montgomery and Franklin Counties. It will be a continuous route for non - motorized transportation where none existed in 1997. Connections to streets with bike lanes and to Masons Creek, Murray Run, Mill Mountain, Lick Run, Tinker Creek, and Wolf Creek greenways will permit travel north and south. Status Since 2007, over ten miles of Roanoke River Greenway have been completed and opened, for a total mileage in 2017 of 13.7 miles. The status of the various sections is itemized below. Table 4-4: Status of Roanoke River Greenway Section Jurisdiction Mileage Status Projected Construction Montgomery County Line to Roanoke County 8-10 Conceptual alignment only. Beyond 2020 Green Hill Park Within Green Hill Park Roanoke County 0.80 Completed. Opened 2008. Green Hill Park to West Riverside Roanoke County 1.90 Engineering complete; environmental 2019 Park & Salem permitting underway; right-of-way needed Woodbridge Section Salem 0.25 Completed. Opened 2011. West Riverside Park to Eddy Salem 1.30 Opened 2013 Avenue Eddy Avenue bridge Salem 0.04 Under construction 2018 Eddy Ave. to Rotary Park Salem 2.10 Built in sections, all opened by 2012. Rotary Park to Apperson Drive Salem 0.60 Negotiating rights-of-way. 2019 Apperson to Barnhardt Creek Salem 0.90 Scheduled for construction by Salem 2018 crews, starting spring 2018. Barnhardt Creek bridge at Salem & City of 0.02 RSTP funded for FY 19-20. 2018-19 Salem/Roanoke City line Roanoke Barnhardt Creek to Aerial Way City of Roanoke 1.00 Completed. Opened 2015 Aerial Way to eastern Materials City of Roanoke 0.70 Construction began 2017. 2018 Yard Materials Yard to Bridge Street City of Roanoke 1.00 Right-of-way needed from Walker Foundry. 2019-20 Ready to go to construction. Bridge St. Bennington Trailhead City of Roanoke 6.80 Built in sections, all opened by 2012. Bennington to eastern City line at City of Roanoke 1.25 Three quarters of a mile is on -road with a Tinker Creek steep hill; relocation is needed. Roanoke City line to Blue Ridge Engineering completed. Right-of-way Parkway western boundary Roanoke County 2.70 needed. Environmental permitting 2019 underway. Section under Blue Ridge Roanoke County 0.30 TA Funded FY19-20. 2020 Parkway Blue Ridge Parkway across Roanoke County 1.70 Funded. Engineering underway. E20019 landfill to Explore Park border Through Explore Park to Roanoke County 1.80 Recently awarded RSTP funds FY20-22. 2022 Rutrough Road Page 64 2018 Roanoke Valley Greenway Plan Funding Roanoke River Greenway has benefited from large infusions of transportation funding since 2007, including monies from American Recovery and Reinvestment Act (Stimulus), Regional Surface Transportation Program (RSTP), House Bill 2, SmartScale, Federal Lands Access Program, Transportation Alternatives (TA), and Revenue Sharing. In addition, the Greenway Commission raised over a million dollars of private funds through the Bridge the Gap campaign. The localities continue to apply for grant funding to match local capital funds to finish the final sections. Benefits The Roanoke River Greenway has long been recognized in local, regional, and state plans as an important facility for the area. It is included in each locality's comprehensive plan, the regional greenway and open space plans, and the Virginia Outdoors Plan. The Roanoke River Greenway is a multi -faceted project. All sections include canoe launches, providing access to the river. The greenway also includes historic and environmental interpretive signage, landscaping, sculptures and art, mitigation of runoff into the river, and establishment of riparian buffers. This project provides transportation, safety, health, environmental, and economic benefits to the valley, thus improving total quality of life in the region. The trail is often used for races and fundraising walks and runs. Roanoke River Greenway is the foundation for the region's "Roanoke Outside" branding and has '= become a tourism destination supporting two outfitters adjacent to the trail. In addition, it has contributed to " adjacent economic development such as the River — House apartments, Green Goat restaurant, Wasena City Taproom, Underdog and Roanoke Mountain Adventures outfitters, River Rock Climbing Gym, and Roanoke River Greenway bridges offer views of the river on family the Bridges apartments and entertainment center. outings. Photo by Rachel Kuehl Challenges The challenges for construction have been acquisition of rights-of-way, proximity of the railroad to the river, flooding, topography, protection of endangered species, and funding. The localities have resolved most of these issues for the sections from Green Hill Park to Explore Park. The section from Bennington Trailhead to the Water Pollution Control Plant is on -road, with a very steep section on Underhill Street; Roanoke City would like to move this section off-road. In the future, maintenance, capital funds for flooding repair, and user management will be the predominant issues. The localities will each address maintenance issues through their budgeting processes, utilize volunteers such as the Greenway Ambassadors and Pathfinders, and implement management techniques like striping and wayfinding as needed. Roanoke River Greenway at dawn. Photo by Darrell Powledge Next Steps Completion of the core urban sections of Roanoke River Greenway, from Green Hill Park to Back Creek at Explore Park, is strongly supported and is expected by 2023, as shown in Table 4-4 and Figure 4-17. The City, in coordination with Roanoke County, should pursue an off-road alignment from the 131h Street trailhead to the Water Pollution Control Plant, to eliminate the steep section on Underhill Avenue. 2018 Roanoke Valley Greenway Plan Page 65 Roanoke River Greenway Status Map j Hang City of City of Roanoke Salem /// LFck Run wolf � Creek Green Hillk 'Vinton Town of T lot Park Aaa��.an Tinker Rotar Creek jar Park < wasena Park 4'? Murray Run '?0 © Mill Fd ` Mountain Roanoke County Mallat Explore Park 0 Completed ❑ Construction FY 18 & FY 19 E] Future Planning ❑ Construction FY 19 - FY 23 Figure 4-17: Roanoke River Greenway Status Map. Completion of Roanoke River Greenway is the highest priority. A fisherman paddles alone below the bridge connecting Roanoke River Greenway to Tinker Creek Greenway. Photo by Darrell Powledge Page 66 2018 Roanoke Valley Greenway Plan 4.2.41. Roanoke River Greenway Extensions, Map #41, Category 4 This route is the extensions of Roanoke River Greenway from Explore Park to Smith Mountain Lake and from Spring Hollow Reservoir to the New River Valley. The Roanoke Valley's portion of this route may be only a bridge to Franklin County or a short connection to Montgomery County, but the route is included in both the Virginia Outdoors Plan and the Franklin County Trails Plan. The Montgomery County Bikeway/Walkway Plan includes a North Fork route, and the New River Planning District Commission is currently updating the regional greenway plan, which is expected to include a Roanoke River Greenway connection to New River. 4.2.42. Spring Hollow Trails, Map #42, Category 4 Spring Hollow is a major reservoir for the Roanoke Valley, now managed by the Western Virginia Water Authority. Adjacent lands are owned by Roanoke County, as is the adjacent Camp Roanoke. A master plan for the site completed in 1996 proposed numerous horse trails and other facilities, but these have not yet been developed. Spring Hollow is an important connection for the Perimeter Trail and a destination along Roanoke River Greenway. 4.2.43. Tinker Creek Greenway, Map #43, Category 2 Description The Tinker Creek corridor is one of the most historic in the valley, dotted with mills, taverns, and historic buildings. The creek has its headwaters in Botetourt County and is fed by Carvin Creek, Lick Run, and Glade Creek. This is one of the few urban trout streams in the state and connects a diversity of urban, suburban, industrial and rural landscapes. Status For many years the Greenway Commission has explored ways to develop Tinker Creek Greenway. In 2000 a conceptual master plan was developed in cooperation with students at Virginia Tech, and in 2003 the City of Roanoke completed the first mile of this greenway. In 2012 the City completed a bridge across the river to connect this greenway to Roanoke River Greenway. Also in 2012, Roanoke County began work on the northern end, using Pathfinders' volunteers to build the greenway as a natural surface trail from Hollins University to Carvins Cove. In 2016 Tinker Creek Greenway became a priority for the City when Deschutes Brewery decided to locate in Roanoke, a projected $95 million investment, and requested that the greenway be extended to its site at RCIT. In 2015 the Greenway Commission had been awarded assistance from the National Park Service Rivers, Trails, and Conservation Assistance (RTCA) program to study the Tinker Creek corridor, and thus an assessment of the feasibility of various alignments all the way to Botetourt County was underway, as shown in Figure 4-18. The Tinker Creek Steering Committee included staff representatives from Roanoke and Botetourt Counties, Roanoke City, and the Town of Vinton. The committee expanded previous resource inventories, explored multiple location alternatives, and began conversations with landowners about rights-of-way. In 2017, as part of the public input meetings for the update to the greenway plan, the committee received public input on the various alternatives. This process is documented in the Tinker Creek Greenway Conceptual Plan in Appendix E. Benefits Tinker Creek Greenway is envisioned as the arterial north -south route from Roanoke River Greenway to Carvins Cove and to Botetourt County. It will connect seven schools, employment centers, natural areas, and historic sites, with linkages to Carvins Cove, the Appalachian Trail, Read Mountain, and U.S. Bicycle Route 76. It has the potential to provide the same benefits as Roanoke River Greenway to a different quadrant of the valley, providing multi -modal connections, quality of life, opportunity for health and wellness, and a facility that encourages economic development. Challenges During development of the Conceptual Plan, the Steering Committee identified three challenges: site constraints and physical feasibility, cost, and community and political support. These three impact the ability to obtain rights-of-way and build the trail. Each alternative was evaluated on these criteria, as well as on its ability to provide benefits. 2018 Roanoke Valley Greenway Plan Page 67 Next Steps The City is currently in the engineering phase for the section from Wise Avenue to Masons Mill Park. The next step is the construction of that section, which is funded and promised as part of an economic development package. For the rest of the greenway, the first step is completion of the Tinker Creek Greenway Conceptual Plan as part of this 2018 Plan. After that, each locality will look for opportunities to develop sections by obtaining rights-of-way, securing funding, and building partnerships to construct the greenway, at times in conjunction with other projects. Figure 4-18: Tinker Creek Greenway Study Area Page 68 2018 Roanoke Valley Greenway Plan Tinker Creek 1 Subareas Greenfieltl Industri I Park Legend Greenfield Elemen ary School �_ •'•+� r '.. .• 41' S ?n Tinker Creek Alignments 2007 Conceptual Line ---- 2018 Alternatives f r m ��•' ! m 1_ l� • - - • Design Underway i - Built Tinker Creek Greenway f _ Lord B tetourt High School o Roanoke River Greenway �- - • • • • Conceptual Roanoke River Greenway Other Built Trails Conceptual Connecting Greenways Existing Sidewalk Appalachian Trail 1 V ,�~_ r Conceptual Ualeville Greenway •, o t - � Roanoke River I' _ Streams Interstate 81 Industrial Park Daleville Town Center Roanoke Gas Property School Parcels jf �Hollins� B VJVWAProperty �Universit ='- - Public Lands barea 4 OLi Railroad M N a Railway Properties 1 `,+ V' t ?• `S 1 �i Roanoke ` Colunty \` Monterey Ell ntary School a r ! RCIT _ 1 ' i _ of Roanoke A 'T win of, Fallon Park lementary School ; • V nton,- 0 0-375 It 75 15 25. 3 �'`. - • Figure 4-18: Tinker Creek Greenway Study Area Page 68 2018 Roanoke Valley Greenway Plan 4.2.44. Wolf Creek Greenway, Map #44, Category 3 Description This greenway corridor parallels Wolf Creek from the Blue Ridge Parkway to Roanoke River. The creek is the boundary between the Town of Vinton and Roanoke County. Development of this greenway as a joint project was initiated early in the greenway program because of the availability of land within parks, along sewer corridors, and next to Vinton's well fields. Status The section of the greenway in Vinton from Hardy Road to Washington Avenue was completed in 1999. The 80 -foot bridge crossing the creek was built by volunteers, and the ribbon cutting for the trail was incorporated into the first Governor's Conference for Greenways and Trails. Vinton has continued to utilize volunteers for greenway maintenance and enhancement, with the addition of flower beds, kiosks, benches, additional parking, and a Police fitness course. In 2001 Hardy Road was widened from two lanes to five, and bicycle lanes and sidewalks were included with connection to the greenway. Roanoke County's portion of the greenway was built in sections, with the last one completed in 2006 to reach Mountain View Road at the Blue Ridge Parkway. The greenway connects Goode Park, William Byrd schools, and Stonebridge Park, as well as numerous neighborhoods. The County's section also includes volunteer -built bridges, and the greenway goes under the reconstructed Mountain View Road, which now has bike lanes. Benefits Wolf Creek Greenway provides a well -used connection in Vinton and Roanoke County neighborhoods. Many senior citizens, William Byrd students, and residents from local subdivisions as well as the neighboring county use the trail. With completion to the Parkway, Wolf Creek Greenway offers many extended loops. Challenges A major challenge at Wolf Creek Greenway has been stormwater runoff, sedimentation in the creek, and erosion. The cinder surface of the trail has been difficult to maintain due to an increasing number of intense rains and twenty years of repairs. The culvert under Washington Avenue, long maintained by volunteers, has become increasingly difficult to keep clear. Both the Town and the County have paved short sections to prevent washout. Next Steps The Town and County should continue to cooperate on frequent maintenance and compaction of the trail surface, with consideration of soil stabilizers. Plans for extension of the greenway to Vinton Business Center, the Blue Ridge Parkway, and Roanoke River should be developed before right-of-way acquisition can be initiated. A couple enjoys a morning jog on the Wolf Creek Greenway, approaching Goode Park. 2018 Roanoke Valley Greenway Plan Page 69 Page intentionally left blank. Page 70 2018 Roanoke Valley Greenway Plan 5. REGIONAL TRANSPORTATION CONNECTIONS This chapter focuses on regional connectivity. Connectivity was a major topic of the public input received during development of this 2018 Plan. Some connectivity can be achieved by ensuring that planned stretches of the greenway network outlined in Chapter 4 are built. Connectivity can also be addressed through alternate infrastructure networks such as on -road bicycle lanes, sidewalks, and transit. This chapter outlines proposed connections, identified by staff and the public, to integrate with other options for transportation. 5.1. OTHER REe10NAL PLANS The Roanoke Valley- Alleghany Regional Commission (Regional Commission) has worked with member localities to create several regional plans which describe a vision for future improvements of alternative transportation networks. These networks can be used to further connectivity of the greenway system by providing bicycle, pedestrian, and transit accommodations for citizens to reach greenways, or reach destinations from greenways, without having to use a car. Improving connectivity in this manner meets three goals. In conjunction with expanding and improving the existing greenway network, construction of other facilities such as bicycle lanes and sidewalks helps to plug gaps in connectivity identified by the public. Improving connectivity increases the viability of the greenways as a transportation system by connecting users to key destinations. Lastly, users who are able to walk or bike to the greenway will receive greater health benefits from their activities and may access the greenway more frequently than those who must drive to get there. Several regional plans which have been adopted by the Regional Commission and the Roanoke Valley Transportation Planning Organization (RVTPO) include recommendations which should be discussed within the context of the greenway network. These plans, as well as a brief description of each, are listed below. 5.1.1. Regional Bikeway Plan The Bikeway Plan for the Roanoke Valley Area Metropolitan Planninq Organization (MPO, now the RVTPO) was completed in 2005 and updated in 2012. This plan recommends on -road accommodations for bicycles within the MPO boundary, generally the urbanized area, by identifying corridors in need of accommodations, listed as either priority or vision routes. The types of accommodations to be provided are not specified in this plan. All of the Greenway Commission member localities are part of the MPO area, in whole or in part, so there is a high level of overlap between recommendations in the Bikeway Plan and the greenway network. Recommended corridors for improvements from that plan are shown in Figure 5-1. Some of the corridors identified are discussed further as high priority connections for the Greenway Commission. For a complete list of all recommendations, please view the Bikeway Plan on-line. 5.1.2. Rural Bikeway Plan The Rural Bikeway Plan (2006) of the Regional Commission identifies needed bicycle improvements in areas of the Roanoke Valley - Alleghany Region that are outside the boundary of the urbanized area. While the study area for the Rural Bikeway Plan excludes localities such as the City of Roanoke, Town of Vinton, and the City of Salem, large sections of Roanoke County and Botetourt County are within this study area. The purpose of the Rural Bikeway Plan is to provide information and guidance on the planning and provision of bicycle accommodations and facilities that enhance and encourage bicycling in the rural portions of the Regional Commission's service area. There are several recommendations in the plan that could have an impact on proposed connections in more rural areas where a connected greenway network becomes more challenging. Bicycle accommodations described in the plan include paved shoulders, widened travel lanes, and bicycle lanes, as well as improved signage, such as Share the Road signs, and amenities, such as bicycle racks. Table 5-1, on page 73, shows the recommendations made for Botetourt and Roanoke Counties. This table highlights corridors where bicycle improvements should be made, but does not specify what kinds of improvements to target. 2018 Roanoke Valley Greenway Plan Page 71 r Bikeway Plan for RVAMPO Update Priority and Vision List Corridors Prionly List Corridor VisEri List Ccmdor Loral Park M National Parworest Q MP0 2055 Study Araa lJ 1 2 4 ® Miles Figure 5-1: Recommendations from the Bikeway Plan for the Roanoke VallevArea MPO, 2012 Update Page 72 2018 Roanoke Valley Greenway Plan Notably, U.S. Bicycle Route 76 (USBR 76) runs through Botetourt and Roanoke Counties. Many of the roads shown in this table are part of this stretch of USBR 76. In 2017 the Regional Commission completed US Bicycle Route 76, A study of the Roanoke Valley -Alleghany Region, making further recommendations for improvements and goals for the USBR 76 corridor. 5.1.3.Transit Vision Plan The Roanoke Valley Transit Vision Plan (2016) outlines improvements that could be made to the transit network in the next several years. Transit service is provided in the region by Valley Metro, and buses include bicycle racks. An improved grenway network could help provide connectivity for the transit network. Improvements noted in the Transit Vision Plan include increasing frequency of service, broadening service to new routes, including Botetourt County routes, improving bus stops, and incorporating new transfer stations. While specific transit improvements are not discussed further in this chapter, transit is an important element of the overall alternative transportation network. 5.1.4. Regional Pedestrian Vision Plan The Regional Pedestrian Vision Plan, A Coordinated Approach to a Walkable Roanoke Valley, adopted by the RVTPO in 2015, provides a vision for a more walkable Roanoke Valley. This plan does two key things which are of interest in understanding how regional transportation networks interact. First, it makes numerous recommendations for pedestrian improvements in specific corridors and intersections. Second, through analysis of concentrations of employment and housing, it identifies multimodal districts and centers throughout the Roanoke Valley. 2018 Roanoke Valley Greenway Plan Page 73 Table 5-1: 2006 Rural Bikeway Plan Recommendations Botetourt County Roadway From To US Route 11 Buchanan Troutville Frontage Road 55 (Old US 11)* Rockbridge County Line US Route 11* Route 43 Buchanan Blue Ridge Parkway Route 43 Eagle Rock Buchanan Route 43 Eagle Rock Corporate Limit US Route 220 US Route 220 Route 43 Route 615 (Craigs Creek Rd) Route 615 (Craigs Creek Rd) US Route 220 Craig County Line Route 640 (Lithia Rd)* US Route 11 Nace Rd (also Route 640)* Nace Road (Route 640)* Route 640 (Lithia Road) U.S. Route 11 Route 651 (Stoney Battery Rd)* US Route 11 US Route 220 Route 740 Roanoke County Line Carvins Cove Rd Route 779 (Valley Rd)* US Route 220 Catawba Rd (also Route 779) Route 779 (Catawba Rd)* US Route 220 Roanoke County Line Blue Ridge Parkway ** Roanoke County Line Rockbridge County Line Roanoke County Roadway From To Route 11/460 MPO Boundary Montgomery County Line Route 311 (Catawba Valley Rd) MPO Boundary Craig County Line Route 622 (Bradshaw Rd)*** Route 864 (Bradshaw Rd) Montgomery County Line Route 624 (Newport Rd) Route 311 (Catawba Valley Rd) Montgomery County Line Route 740 (Carvins Cove Rd)*** Route 311 (Catawba Valley Rd) Botetourt County Line Route 779 (Catawba Creek Rd)* Route 311 (Catawba Valley Rd) Botetourt County Line Route 785 (Blacksburg Rd)*** Route 311 (Catawba Valley Rd) Montgomery County Line Route 864 (Bradshaw Rd) Route 311 (Catawba Valley Rd) Route 622 (Bradshaw Rd) Route 1404 (Timberview Rd) *** Route 863 Road terminus Blue Ridge Parkway ** Franklin County Line Botetourt County Line * Part of the U.S. Bicycle Route 76 (Note: all portions of U.S. Bicycle Route 76 are included in the Rural Bikeway Plan). ** Managed by the National Park Service. *** On -road greenway corridor from the 1995 Roanoke Valley Conceptual Greenway Plan. 5.1.3.Transit Vision Plan The Roanoke Valley Transit Vision Plan (2016) outlines improvements that could be made to the transit network in the next several years. Transit service is provided in the region by Valley Metro, and buses include bicycle racks. An improved grenway network could help provide connectivity for the transit network. Improvements noted in the Transit Vision Plan include increasing frequency of service, broadening service to new routes, including Botetourt County routes, improving bus stops, and incorporating new transfer stations. While specific transit improvements are not discussed further in this chapter, transit is an important element of the overall alternative transportation network. 5.1.4. Regional Pedestrian Vision Plan The Regional Pedestrian Vision Plan, A Coordinated Approach to a Walkable Roanoke Valley, adopted by the RVTPO in 2015, provides a vision for a more walkable Roanoke Valley. This plan does two key things which are of interest in understanding how regional transportation networks interact. First, it makes numerous recommendations for pedestrian improvements in specific corridors and intersections. Second, through analysis of concentrations of employment and housing, it identifies multimodal districts and centers throughout the Roanoke Valley. 2018 Roanoke Valley Greenway Plan Page 73 Legend 0 1.25 25 375 5 run. 6h,ein del C—u- Witirtnd4 Dsbidl 7041 WO study Ar L ---J Ju"sOicYicrtsl Bovn••tlsia Guide to Pedestrian Vision Plan Maps Map 1: Apperson Map 24: NE Roanoke Map 2: Bonsack Map 25: Oak Grove Map 3: Brooksde Map 26: Penn Forest Map 4: Cave Spring North Map 27: Richfield Map 5: Cave Spring SouthMap 28: SE Roanoke-RivertandDaeville Trou 1 Map 6: Clearbrook Map 29: Tanglewood Map 7: Countryside Map 30: Troutville Map 8: Crossroads Map 31: VA Medical Lar eotetou Map 9: Crystal Spring-Garilion I Map 32: Valley View- Breckenridge t150 Map 10; Dalevilk: Map 33: Valleypointe Map 11: Downtown Roanoke -Old SW Map 34: West Salem Map 12: Downtown Salem Map 35: Williamson -Civic Center Map 13: Downtown Vinton Map 14: East Vinton Map 15: Elliston -Lafayette r•.4 Map 16: Fincastle Hollins Map 17: Garden City Map 18: Grandin -Hurt Park Map 14: Hollins Valleypoinle.., ;Brookside ~~� _ Map 20: Lakeside Plaza Map 21: Lewis Gale - S I•.�-•�, Map 22: Lord Botetourt - Exit 150` Crossroads Countryside 23: Melrose R S Countryside NE Roanoke '•�Bonsack f_ " '�, Valley View - F Downtown Lakeside Breckenridge est Salem PIazta 1� 3. �• Sal J Melrose Williamson- f R Richfield` ; Apperson VA I0e ical Civic Center, powntownf r East L � Grandin- Downtown Vinton ; Vintol Lewis,._Hurt Park Roanoke- SE Ro .,�le Old SW Riv etlapillaOdg Spg Grov e Crystal Spring- 7IrtCarbon Elliston- Cave Spring Tanglewood GCtO Lafayette _j South ! Penn Forest 4`— y Clearbrook This is the first plan which identified multimodal districts and centers. This concept originates from the Virginia Department of Rail and Public Transportation's Multimodal System Design Guidelines (2013) which encourage the planning and implementation of an integrated transportation system including automobiles, public transit, bicycles, and walking. The Multimodal Districts and Centers represent areas of population density and future targeted growth, where destinations are close enough that walking and biking are viable modes of transportation. Transit service is often already provided or the need for it already acknowledged. The definitions of these terms are: Multimodal District: Any portion of a city or region with land use characteristics that support multimodal travel, such as higher densities and mixed uses, and where it is relatively easy to make trips without needing a car as gauged by the number of bus routes available and safe walking or biking paths — either currently or proposed in the future. Multimodal Center: A smaller area of even higher multimodal connectivity and more intense activity, roughly equivalent to a 10 -minute walk or a one -mile area. The Pedestrian Vision Plan places priority on making accommodations in the centers and districts, shown in Figure 5- 2. More detailed maps of all the plan's recommended accommodations can be accessed in that document. Page 74 2018 Roanoke Valley Greenway Plan In general, greenway corridors follow rivers, streams, and conservation corridors where there is less development, so there is little overlap with multimodal districts. Multimodal centers and districts without a direct connection to a greenway or a planned greenway are included in Table 5-2. By integrating and developing bicycle lanes and sidewalks, many of these important areas become accessible from the greenway network. 5.2. RECOMMENDED CONNECTIONS The Regional Commission works with locality staff within the RVTPO and the broader Roanoke Valley - Alleghany Region to monitor bicycle accommodations, bus routes, and pedestrian infrastructure. This 2018 Plan recognizes the importance of connectivity with this infrastructure. The 2018 Greenway Plan Regional Connectivity Map (Figure 5-3, page 76) was developed to address the public's request for accommodations to reach key destinations (Figure 3-1, page 23) and to incorporate staff recommendations for connecting facilities. Existing bike lanes and sidewalks, along with the multimodal districts and centers, are shown on this map. Often, proposed connections would run along roadways, and constraining right-of-way and engineering factors may make a separated multi -use path not feasible. Connections, therefore, could range from sidewalks or improvements for bicycles to a multi -use path or greenway. Flexibility is inherent in these recommendations, and locality and VDOT staff will determine the nature of the improvements. The specific recommendations identified under each locality that were developed for this 2018 Plan are shown in Figures 5-4 through 5-10, on pages 77 — 83.. There may be additional connections to greenways that will allow for easier use by pedestrians and bicyclists, and development of such is encouraged and supported by the Greenway Commission. For this 2018 Plan, discussion of the connections is shown by locality, as each locality independently designated its desired connections. Table 5-2: Multimodal Districts and Centers without Direct Greenway Intersections District Name Accessible by Existing Bike Lane or Sidewalk Clearbrook No Exit 150 No Elliston -Lafayette Outside the Greenway Commission area Troutville No Penn Forest No Center Name Hurt Park Yes Fincastle No Melrose Avenue Yes* Crystal Spring Yes Oak Grove No Old Southwest Yes* SE Roanoke Yes Williamson - Breckenridge No Williamson - Civic Yes Crossroads Yes* Lewis Gale No Downtown Vinton Yes* Richfield No VA Medical No * = technically connected but improvements needed 2018 Roanoke Valley Greenway Plan Page 75 Figure 5-3: 2018 Greenway Plan Regional Connectivity Map Page 76 2018 Roanoke Valley Greenway Plan Botetourt County Craig County a a r i o e l �p r a /T I _ �L� L�� a _ ♦.,�� � yri Jar:-�-; is J off, �qN r 'd� danoke #� - ritor .:! Roanoke County Franklin County 2018 Greenway Plan Regional Connectivity Map Proposed Connections Multimodal Center Proposed Greenways Multimodal District — Built Greenways and Trails (2018) ----- U.S. Bicycle Route 78 Public Lands /� National Forest Trails EGI REGIONAL MPo Boundary 2040 � REGIONN AL Appalachian Trail ® Locality Boundaries - - - Bike Lane 0 0.75 1.5 3 4.5 6 — Sidewalks i Miles Figure 5-3: 2018 Greenway Plan Regional Connectivity Map Page 76 2018 Roanoke Valley Greenway Plan 5.2.1.Botetourt County Botetourt County is much more rural than the other member localities and has smaller multimodal districts. Given the rural opportunities, there are many routes popular for social rides and thus demand for connections from greenways to those routes. Most of Botetourt's recommended connection corridors are much longer than those shown in other localities. These recommendations are listed in Table 5-3 and shown on the map in Figure 5-4. The major connection in Botetourt County is U.S. Bicycle Route 76, a nationally designated bicycle route. This route is a priority for improvement and could function as a thru-corridor for bicyclists seeking access to parts of the greenway network, particularly Daleville, Buchanan, and Catawba. Improved accommodations along this corridor will be a key piece of Botetourt County's local greenway network. Two other roadways of note which could be improved as network connections are Blacksburg Road (45) and the Blue Ridge Turnpike (46). Both are shown in Figure 5-4 and provide connectivity between Daleville and Fincastle and Fincastle and USBR 76, respectively. Additional corridors identified for Botetourt show improved connections from USBR 76 to major residential neighborhoods. Additional reference to planned bicycle and pedestrian improvements within the county can be found in Botetourt's Gateway Crossing Area Plan. Table 5-3: Recommended Connections to the Greenway Network, Botetourt County ID Name 45 Blacksburg Rd to Fincastle 46 Blue Ridge Turnpike 47 Sunset Blvd fr' Botetourt County Connections Legend Proposed Connections Prapased Greenways .Fincastle 7 Built Greenways and Trails (2018) U.S. Slke R-te 75 — National Forest Trails I Appalachian Trail 46 � Bike Lane — Sidewalks ^ ti Multimodal Center 45 R V', o t e t o u r t G o u In Multimodal DistriC Public Lands f MPO Boundary 2040 I '► f� 47 j Dale"ville I i Figure 5-4: Botetourt County Connections 2018 Roanoke Valley Greenway Plan Page 77 5.2.2. City of Salem City of Salem staff worked with citizen appointees to the Greenway Commission to identify the connections in Table 5- 4, shown on the map in Figure 5-5. Designations in Salem focused on connecting the greenways to residential areas and to downtown. The Roanoke River Greenway and the Hanging Rock/ Mason Creek Greenway are the main greenway corridors in Salem, and enhancing the Table 5-4: Recommended Connections connectivity of these was a key priority for Salem's to the Greenway Network, City of Salem representatives. There are numerous connections noted in the map and table, but most important to Salem's goals of connectivity are connections 10, 11, and 21. Number 10 connects the Elizabeth Campus trail network to the planned Mason Creek Greenway. Number 11 connects the greenway system to downtown Salem, a multimodal center which has existing sidewalks but needs improved connections. Connection 21 would provide access to the Veterans Hospital, a multimodal center which is currently not connected to the greenway system. City of Salem Connections Legend ID Name 1 Twelve O'clock Knob to Roanoke River Greenway 2 Mill Ln to downtown 3 Mill Ln to neighborhood 4 Union to downtown 5 Eddy to neighborhood 6 Colorado Ave improvements 7 Homestead to Riverside 8 Colorado Ave to Kimball neighborhood 9 Shanks St (former Dry Creek Greenway) 10 Salem Civic Center 11 Main St corridor 12 Keesling to Roanoke River 13 Wildwood Rd to Havens WMA (with Roanoke Co) 20 Franklin to Kimball 21 Roanoke Blvd to City Line City of Salem Connections Legend Proposed Connections Proposed Greenways 15 Built Greenways and Trails (2018) — — U.S. Bike Route 76 — National Forest Trails — Appalachian Trail Bike Lane ` Sidewalks✓1' Multimodal Center Multimodal District Public Lands MPO Boundary 2040 13 +� ` 9 11 t 114L��i��r Cl t y 9-f 2 IS 12� 3 Richfield 43 1 s Roanoke County Figure 5-5: City of Salem Connections 30 .16 52 0 10 4 5 6 21 VA°Medica � $ Apperson Drive 20 7 A Lewis G`al y J Page 78 2018 Roanoke Valley Greenway Plan 5.2.3.City of Roanoke City of Roanoke staff are currently working with the public to assess neighborhood connectivity throughout the City. The City has an annual sidewalk construction program, utilizes its paving program to add striped bike lanes, and works continually to update neighborhood plans, which could include improved connectivity to the greenway system. Suggested routes are in Table 5-5. Numbers 19, 48, 49, and 50 shown in Figure 5-6 increase connections to Lick Run Greenway. Number 31 in Figure 5-7 connects Murray Run Greenway with the planned Mudlick or Garst Mill Greenway route. Additional connections, 42 and 44 in Figure 5-7, are proposed to improve connectivity to the Old Southwest neighborhood from the Roanoke River Greenway. City of Roanoke Connections Legend Proposed Connections Proposed Greenways i Built Greenways and Trails (21)18) � � U.S. Bike Route 76 Cr..I ads National Farest Trails Appalachian Trail ' T Bike Lane Sidewalks Countryside Multimodal Distract Puhnc hands 48. "'Willi ��� MPO Boundary 2040 �� / \amson lIreekenndge Valley View t �0 ®� N 1 19 I r �g _ Melrose Avenue Figure 5-6: City of Roanoke Connections, Northwest 2018 Roanoke Valley Greenway Plan Page 79 Table 5-5: Recommended Connections to the Greenway Network, City of Roanoke ID Name 19 Kennedy Park to Lick Run Greenway via Norris Dr 31 Murray Run Greenway to Mudlick connector 42 Mill Mountain to Garden City Greenway 44 Roanoke River to Old SW 48 Lick Run Gway from Hershberger to Countryside via Ferncliff 49 Lick Run to Round Hill Elementary School 50 Lick Run to Huff Lane Park 53 Colonial Ave. to Murray Run City of Roanoke Connections Legend Proposed Connections Proposed Greenways i Built Greenways and Trails (21)18) � � U.S. Bike Route 76 Cr..I ads National Farest Trails Appalachian Trail ' T Bike Lane Sidewalks Countryside Multimodal Distract Puhnc hands 48. "'Willi ��� MPO Boundary 2040 �� / \amson lIreekenndge Valley View t �0 ®� N 1 19 I r �g _ Melrose Avenue Figure 5-6: City of Roanoke Connections, Northwest 2018 Roanoke Valley Greenway Plan Page 79 Legend -- Proposed Connections Proposed Greenways built Greenways and Trails (2018) U.S. Bike Route 76 National Forest Trails - Appalachian Trail i Bike Lane -Sidewalks Multimodal Center Multimodal District Public Lands MPO Boundary 2040 31 i 53 ty of Roanoke cbnnections _ �L�* I., Figure 5-7: City of Roanoke Connections, Central and Southwest m Ali NI _ I t �L With the growth of the greenway network, races and pub runs have become popular. Photo by Wade Thompson 424 Page 80 2018 Roanoke Valley Greenway Plan 5.2.4. Roanoke County Given the geographic shape of Roanoke County, the connections in Table 5-6 are shown on several maps. On Figure 5-8 below Number 15 connects Hanging Rock Battlefield Trail to the proposed Gish Branch Greenway and existing Exit 140 Park -n -Ride, thus potentially providing a vital connection for bicyclists attempting to commute to the SmartWay bus stop operated by Valley Metro. Number 30 is a route broadly supported by public input, providing connection to Carvins Cove. Number 52 is a popular bicycling route that might be extended to Plantation Road and connected to Hanging Rock via Number 16. The Glenvar connection, Number 43 (Figure 5-5, page 78), connects Glenvar schools and the surrounding neighborhood to the Roanoke River Greenway. Table 5-6: Recommended Connections On the southern Roanoke County connections map (Figure 5-9, page 82), the two connections shown are 17 and 18. Number 17 provides a needed connection between the planned Murray Run Greenway and Tanglewood Mall. Number 18 is an on - road version of Back Creek Greenway and would connect South County Library and the Penn Forest District to the planned greenway network. 15 Figure 5-8: Northern Roanoke County Connections Roanoke County Connections JLegend Proposed Connections Proposed Greenways Built Greenways and Trails (2018) U.S. Bike Route 76 - National Forest Trails Appalachian Trail x Bike Lane - Sidewalks Multimodal Center Multimodal District Public Lands MPO Boundary 2040 Roanoke 3Q 52/ 14 yy Hollins Co nty. Brookside 2018 Roanoke Valley Greenway Plan Page 81 to the Greenway Network, Roanoke County ID Name 13 Wildwood Rd from Salem to Havens WMA (map on p. 78) 14 Valleypointe Parkway to Lick Run Greenway 15 Hanging Rock to Park -n -Ride and Gish Branch 16 419 from Loch Haven to Hanging Rock and Hinchee Trail 17 Tanglewood to Murray Run connector 18 Former Back Creek Greenway 24 Virginia Ave/Hardy Rd improvements (map on p.83) 30 Timberview to Carvins Cove 43 Roanoke River to Glenvar Connection (map on p.78) 51 Rt. 311 from Mason Creek Greenway to US Bicycle Route 76 52 Loch Haven Road from Rt. 419 to Plantation Rd Roanoke County Connections JLegend Proposed Connections Proposed Greenways Built Greenways and Trails (2018) U.S. Bike Route 76 - National Forest Trails Appalachian Trail x Bike Lane - Sidewalks Multimodal Center Multimodal District Public Lands MPO Boundary 2040 Roanoke 3Q 52/ 14 yy Hollins Co nty. Brookside 2018 Roanoke Valley Greenway Plan Page 81 Legend Proposed Connections Proposed Greenways Built Greenways and Trails (2li U.S. Bike Roche 76 National Forest Trails Appalachian Trail T Bike Lane Sidewalks Multimodal Center Multimodal District Public Lands 7 MPO Boundary 2040 `"`'Roanoke County.Conneetions ""J-�—"�'O rx=' IF h.. 31 1 Cave Spring 17ana" tewood 1i • . 1 Mmerew"I Figure 5-9: Southern Roanoke County Connections vM Bicycle accommodations can be provided in conjunction with routine paving by striping a lane, as was done on Brambleton Avenue in Roanoke County and City and Shenandoah Avenue in the City of Roanoke. Page 82 2018 Roanoke Valley Greenway Plan 5.2.5.Town of Vinton The Town of Vinton designated many connections which they would like to see incorporated in the future, as shown in Figure 5-10. A complete list of all of the connections is in Table 5-7. Key connections to the greenway network include 33, 37, and 38, which connect Gladetown Trail, Glade Creek Greenway, and Wolf Creek Greenway respectively. There are also connections between planned trails, such as Number 24, which would connect Wolf Creek Greenway and the Perimeter Trail, and Number 25, which would connect Gladetown Trail to Wolf Creek Greenway. A major priority for Vinton is to improve bicycle and pedestrian accommodations along major thoroughfares such as Walnut Avenue and Washington Avenue. These corridors are a popular route for bicyclists seeking to reach the Blue Ridge Parkway from the City of Roanoke. Legend Town of Vinton Connections Proposed Connections i Proposed Greenways - Built Greenways and Trails (201 &) U.S. Bike Reute 76 National Forest Trails Appalachian Trail T Bike Lane - Sldewalks / _ ✓ Multimodal Center 22 26 MultimodalDistrict awn o f V h rl t -o Puhlic Lands 36 "� `• MPO Boundary zoao 27 �_. powr,. . rn 35'16 28 _ 34 24 39 4-� y � 1 JL � r 29 23 SE Roanoke �33 32 24 i C _ 41 25 lion Figure 5-10: Town of Vinton Connections 2018 Roanoke Valley Greenway Plan Page 83 Table 5-7: Recommended Connections to the Greenway Network, Town of Vinton ID Name 22 Mountain View Rd 23 Gladetown Greenway to Hardy Rd 24 Virginia Ave/Hardy Rd improvements (with Roanoke Co) 25 Gladetown Greenway to Wolf Creek Greenway 26 Meadow Rd to Wolf Creek spur 27 Walnut Ave to downtown 28 Jackson Ave to E Cleveland 29 3rd St to Gladetown Trail Loop 32 Hardy Rd to Niagara Rd via Clearview 33 Gladetown Trail to Niagara Rd via 3rd St 34 Virginia Ave to Gladetown Trail via S Pollard 35 Virginia Ave to Washington Ave via S Pollard 36 Jackson to S Pollard via W Lee Ave 37 Glade Creek Greenway to Mt View Rd via Washington 38 Mt View Rd to Wolf Creek via Washington 39 Cleveland to Hardy via Bedford Rd 40 Hardy to Washington via Bypass Rd 41 Cardinal Park Dr to Vinton Business Center Trails Legend Town of Vinton Connections Proposed Connections i Proposed Greenways - Built Greenways and Trails (201 &) U.S. Bike Reute 76 National Forest Trails Appalachian Trail T Bike Lane - Sldewalks / _ ✓ Multimodal Center 22 26 MultimodalDistrict awn o f V h rl t -o Puhlic Lands 36 "� `• MPO Boundary zoao 27 �_. powr,. . rn 35'16 28 _ 34 24 39 4-� y � 1 JL � r 29 23 SE Roanoke �33 32 24 i C _ 41 25 lion Figure 5-10: Town of Vinton Connections 2018 Roanoke Valley Greenway Plan Page 83 Page intentionally left blank. Page 84 2018 Roanoke Valley Greenway Plan 6. GOALS, OBJECTIVES, AND IMPLEMENTATION STRATEGIES This chapter identifies goals, objectives, and strategies to aid in development of the greenway network (described in Chapter 4) and connections to that network (described in Chapter 5). This chapter in the 2018 Plan is an update by the Greenway Commission of the previous implementation strategies. The Greenway Commission will address the goals, objectives and strategies outlined in this section in a cooperative partnership with the five local governments, recognizing that each locality operates in an individual manner, is responsible for a broad spectrum of needs, and develops facilities as its resources and governance allows. This 2018 Plan reaffirms the goals and objectives of the 1995 Plan, listed in Section 2.4. Progress on goals and objectives from the 2007 Plan and 1995 Plan is discussed in Section 2.4. Table 6-1: Implementation Strategies 2018 Goal Objectives Strategies 1. Greenway Construction Prioritize greenway construction and Focus on finishing the Roanoke River Complete a connected greenway focus resources on completion of the Greenway (Category #1) by 2023. network of trails to provide the greenway network's arterial routes. Secondarily, focus on finishing Category multiple benefits of a greenway #2 routes. system, with focus on finishing Roanoke River Greenway. Provide a connected greenway system by focusing on long stretches Incorporate greenways and on -road connections in regional transportation of off-road trails and tying them plans. together with on -road bicycle and pedestrian facilities. Provide identification, regulatory, and Encourage signage consistency across informational signs on each greenway the network while retaining flexibility to to facilitate use and management. meet locality requirements. Coordinate with stormwater Within each locality, coordinate project management and flood projects to management, land acquisition, and capitalize on opportunities for new greenway construction with all greenways and joint projects. departments that might help or be impacted. Coordinate with federal, state, and Use best management design practices regional efforts to plan and develop and national and state guidelines like long distance trail opportunities, American with Disabilities Act (ADA), encouraging inclusion of the Roanoke CPTED (Crime Prevention through region as a destination site. Environmental Design), and AASHTO (American Association of State Highway and Transportation Officials) to design secure and safe trails. Support the localities in celebrating completion of each new greenway segment and significant feature. Support locality efforts to provide connections to the greenway network through improvements such as sidewalks and bike lanes and through wayfinding signage. Consider renewable energy options and recycling during design. Continue to use Pathfinders for Greenways to build Class C trails. 2018 Roanoke Valley Greenway Plan Page 85 Table 6-1: Implementation Strategies 2018 (continued) Goal Objectives Strategies 2. Funding Maintain a regional, multi-year Assist localities with securing multiple Assure adequate funding to meet funding plan that identifies fiscal funding sources and exploring innovative the goals for construction and goals and sources of continuous funding possibilities such as bonds, maintenance of the greenway funding for greenway construction stormwater fees, private grants, and network. and maintenance. partnerships. Pursue new sources of revenue. Continue to seek federal and state grants. Provide and encourage appropriate Pursue fund raising activities such as recognition of donors. charitable donations, festivals, races, and other fundraising events. Encourage adequate funding for each locality's Capital Improvement Program, capital maintenance fund, and operations and maintenance budgets. Maintain a donation program to allow private donation of greenway amenities such as water fountains, bike racks, trees, and benches. Solicit and efficiently utilize corporate donations, and develop ways to recognize those donors. Maintain a list of specific trail sections or components that could be funded by private monies. Utilize Scouts, schools, civic groups, and other volunteer partnerships for installation of amenities such as kiosks, benches, landscaping, and mile markers. Gallop for the Greenways is an annual fundraiser to support greenway construction. Page 86 2018 Roanoke Valley Greenway Plan Table 6-1: Implementation Strategies 2018 (continued) Goal Objectives Strategies 3. Land Acquisition Encourage and assist localities with Identify properties, easements, and Support a land acquisition program land acquisition for each project rights-of-way being acquired for other that provides rights-of-way needed within time lines that dovetail with purposes to determine if greenway for greenway construction. construction schedules. easements can be incorporated. Work cooperatively among local Continue to be involved in the utility jurisdictions to coordinate land easement process so that greenway acquisition across jurisdictional easements can be considered where boundaries. appropriate. Work with planning staff to refine local zoning ordinances to encourage and protect greenway corridors. Encourage developers to include greenway easements and greenway construction within new developments. Utilize corporations and chambers of commerce to support development of trails within industrial/business complexes. Utilize platted easements to protect greenway corridors, and incorporate those into jurisdictional mapping systems and comprehensive plans. Monitor rail and road abandonments for potential greenway development. Conservation -minded landowners make greenways possible. 2018 Roanoke Valley Greenway Plan Page 87 Table 6-1: Implementation Strateaies 2018 (continued) Goal 4. Community Outreach and Education Develop a community outreach and education program that provides information on greenway opportunities, benefits, and user safety. Support an outreach program that communicates the economic, health, environmental, and quality of life benefits of the greenway system. Increase awareness of greenway implementation efforts through a comprehensive marketing strategy Expand environmental education programs, historic information, and service opportunities through cooperation with multiple partners. Promote responsible use of the greenways, common etiquette, and practices and activities compatible with multi -modal, shared use. Encourage schools to embrace greenways as an avenue for safe routes to schools, fitness, and reduced transportation costs. Strategies Partner with locality staff to expand communications to provide users with current information on projects, events, trail locations, maps, trailheads, closures, safety campaigns, meetings, upcoming development, and trail amenities. Provide greenway marketing information to the economic development departments of the local jurisdictions. Continue cooperation with the Regional Partnership, Roanoke Outside, and Virginia's Blue Ridge in promoting greenways and trails beyond the Roanoke Valley to attract new businesses and enhance the valley's value as a tourism destination. Expand signage and other methods of encouraging greenway etiquette. Expand outreach and market greenways and their benefits to residents through club and neighborhood meetings, civic associations, and business groups. Standardize use of the greenway logo on trail signs, maps, and marketing materials. Expand the volunteer and volunteer recognition programs. Improve social media outreach and website design for more intuitive navigation and broader reach. Work with locality staff to educate greenway users about methods of managing greenway corridors beneficial to water quality, such as reduced Continue to support the Greenway Ambassadors program and consider expansion into other localities. Develop an assessment of the economic impact of greenways locally. Page 88 2018 Roanoke Valley Greenway Plan Table 6-1: Implementation Strateaies 2018 (continued) Goal 5. Organizational Structure Utilize the organizational structure to effectively and efficiently implement the Greenway Plan, as updated, and manage the growing greenway system. 6. Greenway Management Assist the localities with management of the greenway network to meet user needs, provide a range of experiences in a safe and secure environment, and protect the natural resources. Clarify the roles and responsibilities for implementing the Greenway Plan Encourage best management practices in maintenance and management of greenways. Facilitate coordination among greenway managers to address management issues and develop consistent responses. Provide alternative resources and volunteers to manage the growing greenway network. Cooperate with the Regional Commission on tracking performance measures and growth of the areenwav network. Strategies Clarify the roles and responsibilities of each locality, the Greenway Commission and volunteers in implementation of the Greenway Plan and specific projects. Identify staffing needs of the localities and Greenway Commission to meet responsibilities of each in implementing the Greenway Plan and managing and maintaining the greenway network. Utilize annual action plans for localities and committees to keep projects and activities focused and on schedule. Maintain partnerships with agencies, nonprofits, and volunteering Establish a permanent storage system for preserving greenway records. Review local and state ordinances pertaining to greenways and trails to identify commonalities and deficiencies and to encourage consistent rules enforceable by code. Work with legal departments to develop any ordinances needed to effectively manage greenways. Encourage the involvement of law enforcement and emergency management personnel in design and management of greenways and in incident reporting. Improve methods for users to report problems or conditions on greenways. Schedule regional meetings among staff managing greenways to share methods and experiences. Identify greenways in locality mapping and geographic information systems. Promote adopt-a-greenway programs and other methods for volunteer assistance to reduce maintenance costs. Support management departments in securing additional maintenance funding. Continue to track greenway use and trends. 2018 Roanoke Valley Greenway Plan Page 89 Appendix A Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission Appendix A - 1 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION Appendix A - 2 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1St day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke ("Original Participating Localities") entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 ("Intergovernmental Agreement") and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission ("Agreement") to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2- 1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the "Participating Localities") agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission ("Commission") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Participating Locality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: Appendix A - 3 (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley's natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community's undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley's appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2-1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and the County of Botetourt, each herein being referred to as a "Participating Locality". Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: Appendix A - 4 (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended; to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Participating Locality's planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and/or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley -wide; (f) To actively pursue and promote public/private partnerships, work closely with nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley; (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley -wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs)- (h) eeds; (h) To assist the Participating Localities with developing project plans and timetables for greenways and with defining roles and responsibilities for each project; and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Participating Localities with construction Appendix A - 5 and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Participating Localities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents; (2) One (1) member appointed by the Roanoke Valley Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff members from each of the Participating Localities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations shall serve as a non-voting member of the Greenway Commission: (1) The Western Virginia Water Authority; (2) The Roanoke Valley Alleghany Regional Commission; and. (3) Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. Appendix A - 6 (d) The members of the Commission shall serve without compensation. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed-upon fiscal agent. (c) The Commission shall adopt an annual budget. (d) Operating revenue for the Commission shall be funded by the Participating Localities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (e) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Participating Localities. (f) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. Appendix A - 7 :9u I I \•\ (a) An annual report shall be prepared and submitted to the governing body of each Participating Locality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Participating Localities. (b) A Participating Locality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Participating Locality. 11. LIABILITY To the extent permitted by law, the Participating Localities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the Participating Localities shall pay reasonable costs of defense. Any costs of the Participating Localities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES Appendix A - 8 WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: Sin - 1:01, Approved as to, form: La#6.2.2 -zvr 6 City Atto y Approved as to form: County Attorney ATTEST: Approved as o fpm: Cit Attorney/ CITY ROA NOKE B Christopher P. Morrill, City Manager Ordinance Number 40508-051616 COUNTY OF ROANOKE By �,AL J �� Thomas C. Gates, County Administrator Ordinance Number 052416-1 CITY OF SALEM By Byron Idolph Foley, Mao6r Ordinance of May 9, 2016 Appendix A - 9 ATTEST TOWN OF VINTON Town Clerk Barry W. T mpson, TovA Manager Ap r ved as to form: Town Attorne ATTEST: �A 14111 County Clerk Approved as to form: u�'L County Attorney Ordinance Number 971 COUNTY OF BOTETOURT By -M 4t'QJ� Gary Larro e, County Administrator Ordinance Number 16-06-10 Appendix A - 10 Appendix i 2017 ®n -line Survey Questions and Responses Appendix 8 - 1 LAV Ow -A= -i" Total Responses Date Created: Wednesday, February 22, 201'f- Complete 011 Complete Responses: 474 Powered by ^ Survey Monkey Appendix B - 2 Q1: How often do you use the Valley's greenways? Answered: 534 Skipped:8 Doty Ouse a weak Once a month " Bever 1 0% 10% 20% 30% 40% 50% 60% 70r% 60% 90% 100% owered by GSL Survey Monkey Q1: How often do you use the Valley's greenways? Answered: 534 Skipped:8 Answer Choices Responses Daily 25.84°1, 138 Once a week 45.68% 245 Once a month 2178% 127 Never 4'49°/. 24 Total 674 Powered by ^ Survey Monkey Appendix 8 - 3 Q2: How do you access the greenways? Answered: 529 Skipped: 13 walk lothe greenway I bike to the greenway I take public transit to t.... 1 drive to the greenway 0% 10% 00% 30% 50% 50% 60% 70% 60% 90% 100% owered by 4"t. Survey Monkey Q2: How do you access the greenways? Answered: 529 Skipped: 13 Answer Choices Responses I walk to the greenway 33, - 84 ! bike to the greenway 18.53%' - I lake public trans8 to the greenway 0.57% _ I drive to the greenway 71.83% Sou Total Respondents. 529 Powered by ^ Survey Monkey Appendix B - 4 Q3: How far is your home from the nearest greenway? Answered: 533 Skipped:9 1 can walk or Resironses bike to the... _ 1 can walk or 123 bike to the... 18.39% I can walk or dike to the... cannot safely walk ... 0% 10% 20% 3C% 40% 50% 60% 70% 60% 90% 100% owered by GSL Survey Monkey Q3: How far is your home from the nearest greenway? Answered: 533 Skipped:9 Answer Choices Resironses 1 can walk: or bike to the greenway in five minutes or less 23.0811. 123 1 can walk or bike to the greenway in between 5 to 10 minutes 18.39% 90 �I can walk or bike to the greenway in between 10 to 20 minutes 16.70% 99 1 cannot safely walk or bike to a greenway from my house 41.94% 223 Total $33 Powered by ^ Survey Monkey Appendix B - 5 Q4: Which greenways do you use? Select all that apply. Answered: 527 Skipped: 15 Roanoke River Greenway. C... Mill Mounlain Trails Car wins Cove Trans Roanoke River Greenway - C... Mill Mountain Greenway Tinker Creek Greenway Roanoke River Greenwayal... Murray Run owered by 4" 5 Greenway Q4: Which greenways do you use? Select all that apply. Answered: 527 Skipped: 15 Answer Choices Responses Roanoke River Greenway - City of Roano6e 51.21'1. 428 Mil MourRain Trails 40.23% 212 Carvins Cove Trails 39.28% 207 Roanoke River Greenway - Cly of Salem 37.76% 199 M8 Mountain Greenway 37.57% 198 ' Tinker Creek Greenway 33.97% 179 Roanoke River Greenway at Green Hill Park 32.64% 172 Murray Run Greenway 31.31% 18s Eaplore Park Trails 26.19% 138 Lick Run Greenway 25.24% 133 Hanging Rock Battlefield Trail 22.20% 117 Powered by 5 Tinker Gre. Greenway -Hollins Trailhead er 17.08% 90 Appendix B - 6 Q5: Which greenway is your favorite? Select only one. Answered: 516 Skipped: 26 Responses Roanoke River Poanoke River Gr enway - City of PoarW - Greenway - C,.. Rema 227 Carvins Cove 12.21% Trails - Murray Run S6 Greenway T.1T% Roanoke River Roanoke River Greenway at Green Hill Park Greenway - C,.. I Roanoke River 4.66% Greenway at.,. Mill Mountain Trails Wolf Creek 17 Greenway 2.33% Mill Mountain' Hanging Rock Battlefield Trail Trails 11 Explore Park 2.13% owered by S Trails Tinker Creek Greenway Q5: Which greenway is your favorite? Select only one. Answered: 516 Skipped: 26 Answer Choices Responses Poanoke River Gr enway - City of PoarW - 43.99% 227 Carvins Cove Trails 12.21% 63 Murray Run Greenway 10.65% S6 Roanoke River Greenway - City of Salem T.1T% 37 Roanoke River Greenway at Green Hill Park 4.65% 24 ' Wall Creek Greenway 4.66% 24 Mill Mountain Trails 3.29% 17 Explore Park Trails 2.33% 12 Hanging Rock Battlefield Trail 2.13% 11 Lick Run Greenway 2.13% 11 Tinker Creek Greenway 2.13% 11 Powered by 5 Mill Mountain Greenway 1'7456 9 Appendix B - 7 Q7: How do you use greenways? Select all that apply. Answered:531 Skipped:11 Recreation Exercise Races or other organizetl.., r Transportation A. get from ... To walk pets To enjoy the orddocrs To show visitors mor... Bird -watching owered by � S Q7: How do you use greenways? Select all that apply. Answered:531 Skipped:11 Answer Choices Responses Recreation 73.62% 392 Exercise 92.09/ 458 Races or other organized athletic events 26,93% 143 Transportation to get from one place to another 12.62% 67 To walk pets 31.26% 166 To enjoy the outdoors 64.37% 445 To show visitors more of the Roanoke Valley 32.561/6 173 Bird -watching 10.55% 56 Fishing 5.27% 28 Other (please specify) 6.65% 47 Total Respondents: 531 Powered by a~A Survey Monkey Appendix B - 8 Q8: What additional improvements or amenities would you like to see on existing greenways, and where? Select all that apply. Answered: 453 Skipped: 89 Bathrooms water fountains mill Mutt Mitt stations Benches existing greenways, Picnic areas OI pdYlt1011s Information Answer Choices kiosks Maps 60.93°,0 owered by ^ S Playgrounds Water fountains Q8: What additional improvements or amenities would you like to see on existing greenways, and where? Select all that apply. Answered: 453 Skipped: 89 Answer Choices Responses Bathrooms 60.93°,0 276 Water fountains 49.01% 222 Mutt Mitt stations 23.6246 107 Benches. 27.37% 124 Picnic areas or pavilions 21.41% 97 Information kiosks 14,13°1 64 Maps 31.79°/ 144 Playgrounds 13.69% 62 Exercise equipment 1135°i 65 Artwork 22'52% 102 Total Resyonderds: 463 Powered by Survey Monkey Appendix B - 9 Q9: Would you use a Greenways app on your smart phone or tablet to view maps, locations of amenities, closure notifications, event notices, ann fo report issues? Answered: 530 Skipped: 12 Yes No M 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% owered bye, Survey Monkey Q9: Would you use a Greenways app on your smart phone or tablet to view maps, locations of amenities, closure notifications, event notices, and to report issues? Answered: 530 Skipped: 12 Answer Chokes Responses Yea 80.75`. 428 No 19.7iS, 10 Total 530 Powered by ^ Survey Monkey Appendix 8 - 10 Q10: How would you rate the maintenance (mowing, trash pickup, trail condition, etc.) of the greenways you use? Answered: 528 Skipped: 14 (no label) 0 1 2 3 4 5 6 owered by ^ Survey Monkey Q10: How would you rate the maintenance (mowing, trash pickup, trail condition, etc.) of the greenways you use? Answered: 528 Skipped: 14 Poor Fair Good Very Good Outstanding Total Weighted Average (no label) 1.33°x; 4.739r4 30.87% 41.35% 15.72^;, 7 25 163 250 Powered by ^ Survey Monkey Appendix 8 - 11 Q13: The Roanoke River Greenway is currently the top priority for completion, between Green Hill Park and Explore Park. Which greenway should be constructed or completed next? Select one. Answered: 440 Skipped: 102 Tinker Creek Greenway Murray Run Greenway Roanoke River Greenway... Other (pleaseFJ specityl �■ I Lick Run . Greenway.,. Mason Creek Greenway Back Creek n , Greeway Daleville g Greenway Q13: The Roanoke River Greenway is currently the top priority for completion, between Green Hill Park and Explore Park. Which greenway should be constructed or completed next? Select one. Answered: 440 Skipped: 102 Answer Choices Responses Tinker Creek Greenway 20,91% 92 Murray Run Greenway 12.05% 53 Roanoke River Greenway extensions (from Green Hill Park to Montgomery County Line) 12.05% 53 Other (please specify) 11.36% 50 Lick Run Greenway extensions 5.68% 25 Masan Creek Greenway 5.45% 24 Back Creek Greenway 5.00% __ Daleville Greenway 6.00% Mudlick Greenway 4.77% 21 Read Mountain Preserve (trail connections) 4.55% 20 Garden CitylGarnand Branch Greenway 4,32% 19 Powered by 5 Ge Creek Greenway lad 2.95% 13 Appendix B - 12 Q16: Do greenways positively benefit the community? In what ways? (Check all that apply) Answered: 470 Skipped: 72 Encourage economic... Improve public health Improve water quality EIICOtlrage nommotorize... Preserve natural.,. Provide recreational... Promote community air owered by ^ 5 0% 10% 20% 30% 40% •0% 60% 70% 60% 90% 100% Q16: Do greenways positively benefit the community? In what ways? (Check all that apply) Answered: 470 Skipped: 72 Answer Choices Responses Encourage economic development 57.66% 318 Improve public health 92.13% 433 Improve water qualify 25.53% 120 Encourage non -motorized transportation 74.041A 348 Preserve natural environment 70.641/6 332 Provide recreational opportunities 93.62% 440 Promote community and social interaction 80.43% 378 Total Respondents: 470 Powered by ^ Survey Monkey Appendix 8 - 13 Q17: How important are greenways to the quality of life in the Roanoke Valley? Please rate importance below. Answered: 477 Skipped: 65 (no label) 0 1 2 3 4 - 6 SurveyMonkey Q17: How important are greenways to the quality of life in the Roanoke Valley? Please rate importance below. Answered: 477 Skipped: 65 Ilat Somewhat Important Extremely Total weighted Important important important Auer age (no 0.42% 7.844' 21.59 74.84'. label) _. Powered by ^ SurveyMonkey Appendix 8 - 14 Q18: Which locality do you live in? Answered: 481 Skipped: 61 Botellourt County County Roanoke County Town of Vinton City of Roanoke City of Salem . Other (please specify) owered by 4" 5 5.n I o �o 3--', 4r'., -,—, 111% 70% 60% 90% 100% Q18: Which locality do you live in? Answered: 481 Skipped: 61 Answer Choices Botetoun County Roanoke County Town of Vinton City of Roanoke City of Salem Other (please specify) Total Powered by ^ Survey Monkey Responses 1.69% 37 30.16% 145 4.57% 22 46.15% 222 6.44°/. 31 4.99°x; 24 Appendix 8 - 15 6 Q19: What is your sex? Answered: 480 Skipped: 62 Female Male Prefer not to answer 0% 10% 20% 30% 40% 50% 60% 70% 60% 90% 100% Pavered by ,:"` Survey Monkey Q19: What is your sex? Answered: 480 Skipped: 62 Answer Choices Responses Female 49.39% 237 Male 47.09% 226 Prefer not to answer 3.64% 17 Total Ota Powered by ^ Survey Monkey Appendix B - 16 Q20: What is your race/ethnicity? Choose all that apply. Answered: 479 Skipped: 63 White Black or African... American Indian or... Asian I Native Hawaiian or... Prefer not to answer owered by ^ 5 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Q20: What is your race/ethnicity? Choose all that apply. Answered: 479 Skipped: 63 Answer Choices Responses White 90.40% , Black or African American 0.63% American Wan or Alaskan Native 0.63% Asian 1.67% Native Hawaiian or Other Pacific Islander 0.00% Prefer not to answer 8.36% 411 Total Respondents: 479 Powered by ^ Survey Monkey Appendix 8 - 17 Q21: What is your age range? Answered: 481 Skipped: 61 Under 16 16-34 35-59 Answered: 481 Skipped: 61 BD -T4 75 and over Prefer notto answer owered by 5 a% VM 20% Kl° 40% 50% 60% 70% 60% 90% 200% Q21: What is your age range? Answered: 481 Skipped: 61 Answer Choices Responses Under 18 0.21% 1 18.34 21.41% 103 35.59 51.77% 249 60 - 74 22.45°i 108 75 and over 0.62% 3 Prefer not to answer 3.53% 17 Total 4" Powered by Survey Monkey Appendix 8 - 18 Q22: What is your household income range? Answered: 475 Skipped: 67 Answered: 475 Skipped: 67 Lesethan $15,000 per.,. Responses 515,000 to' Less than $15,000 per year $24,999 per... 4 $25,000 to 3.16% $49,999 per... $25,000 to $49,999 per year $50,000 to n1 $74,999 per... 16.42% 575,000 to $75,000 to $99,999 per year $99,999 per... $ $100,000 to 21.05% $149,999 per... Over $150,000 per year Overet 59 per year year 16.841/. Ptefer not to Total owered by S answer 475 Q22: What is your household income range? Answered: 475 Skipped: 67 Answer Choices Responses Less than $15,000 per year 0.84°h 4 $15,000 to $24,999 per year 3.16% 1; $25,000 to $49,999 per year 12'846 n1 $50,000 to $74,999 per year 16.42% 78 $75,000 to $99,999 per year 16.42% $ $100.000 to $149,999 per year 21.05% 160 Over $150,000 per year 12.42% 59 Prefer nal to answer 16.841/. 50 Total 475 Powered by Survey Monkey Appendix 8 - 19 Q23: Would you be interested in volunteering to help support greenways in any of the following ways? Answered: 221 Skipped: 321 Pathfinders for Greenway... Greenway Ambassadors... Special Events (e.g. Gallop... Fundraising Other (please specify) 0% 10% owered by GSA Survey Monkey 20% 30% 40% 50% 60% 70% 60% 90% 100% Q23: Would you be interested in volunteering to help support greenways in any of the following ways? Answered: 221 Skipped: 321 Answer Choices Responses Pathfinders for Greenways (trail building and maintenance) 43'89% 97 Glreenway Ambassadors (greenway monitoring and education) 29.41% 65 Special Events (e.g. Gallop 4the Greenways) 48.81% 108 Fundraising 8.60% 19 Other (please specify) 15.84% 3S Total Respondents. 221 Powered by GSA Survey Monkey Appendix 8 - 20 Q24: Would you like to stay informed about greenway news, events and/or volunteer opportunities? Answered: 358 Skipped: 184 No Yes, please corrtact — at; 0% 10% 70% 30% 40% 50% 60% 70% e0% 90% 100% owered by ^ Survey Monkey Q24: Would you like to stay informed about greenway news, events and/or volunteer opportunities? Answered: 358 Skipped: 184 Answer Choices Responses No 44,91% 161 Yes. please tonlect me at. 55.03% 197 Total 76/ Powered by ^ SurveyMonkey Appendix 8 - 21 Appendix C public Input from 2017 Community Meetings Appendix C - 1 Flip Chart Notes from 2017 Community Meetings Station 1 Question #1 What is your vision for the regional greenway network? Station 1 Question #2 What are the major connections needed within the Roanoke Valley? Station 1 Question #3 What do you consider to be the top priorities for completion? Station 2 Question #1 What are the destinations you would like to access via greenway from your neighborhood? Station 3 Question #1 For Tinker Creek Greenway, what alignment would you support, what benefits do you see? Station 4 Question #1 What solutions do you propose for management issues? GFC = Greenfield Flip Chart; MFC = Mountain View Flip Chart; FFC = Fishburn Flip Chart; SFC = South County Flip chart; GLFC = Glenvar Flip Chart; VFC = Vinton Flip Chart Comment Source Station # - Question # Recorded Response Date GFC 1-1 Long continuous path for road biking 3/21/17 GFC 1-1 Integrate Bike Route 76 with greenways 3/21/17 GFC 1-1 Continued growth - increase activity to public lands 3/21/17 GFC 1-1 Invest in nature routes, not through subdivisions 3/21/17 GFC 1-1 More interest with continued progress being shown 3/21/17 GFC 1-1 Build greenways within building restricted areas and buffers 3/21/17 GFC 1-1 Lighting that is compatible to use 3/21/17 GFC 1-1 Capability to "overnight" and continue the next day on the greenway 3/21/17 GFC 1-1 Separation of activities and add capacity in high usage areas 3/21/17 GFC 1-1 Wider bicycle lanes 3/21/17 GFC 1-1 Completion of Roanoke River Greenways to Explore Park 3/21/17 GFC 1-1 More Greenways 3/21/17 GFC 1-1 Use what is already existing 3/21/17 GFC 1-1 Happy Valley and Carvins Cove trails also including carriage roads 3/21/17 GFC 1-1 Connectivity to Appalachian Trail and small towns 3/21/17 GFC 1-1 Connectivity wherever possible 3/21/17 GFC 1-1 Stay on natural trails and out of subdivisions 3/21/17 GFC 1-1 More opportunities for families, i.e. strollers 3/21/17 GFC 1-1 Connectivity for business, commuting, and recreation - Pub Runs 3/21/17 GFC 1-1 Commuting and connectivity to business 3/21/17 GFC 1-1 Connectivity of all greenways without being on highway or limited highway area 3/21/17 GFC 1-1 Finish Roanoke River Greenway 3/21/17 GFC 1-1 Consider greenways for more than recreation - tourism, transportation, play grounds along the way, restaurants 3/21/17 GFC 1-1 Tie urban and rural greenway areas together 3/21/17 GFC 1-1 Building connections, community through greenways, emotional connectivity 3/21/17 GFC 1-1 Businesses as destinations on the greenway 3/21/17 GFC 1-1 Connectivity from Salem to Botetourt County 3/21/17 GFC 1-1 Would like Town of Buchanan tied into system 3/21/17 GFC 1-1 Promote and use Bike Route 76 - even for hiking 3/21/17 GFC 1-1 Complete Roanoke River Greenway first 3/21/17 GFC 1-1 Connect Carvins Cove to Daleville around Tinker Mountain 3/21/17 GFC 1-1 Connectivity is essential for continued improvement of quality of life and viability of communities 3/21/17 GFC 1-1 Greenways building economic development 3/21/17 GFC 1-1 Williamson Road to Planation Road to Carvins Cove to Daleville to Greenfield 3/21/17 GFC 1-1 Connection to Flying Mouse 3/21/17 Appendix C - 2 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date GFC 1-1 Need main route in Botetourt and then build out from there 3/21/17 GFC 1-2 Lexington 3/21/17 GFC 1-2 Buchanan 3/21/17 GFC 1-2 Natural Bridge 3/21/17 GFC 1-2 Fincastle 3/21/17 GFC 1-2 Blacksburg 3/21/17 GFC 1-2 Franklin County - Rocky Mount/Harvester; Wade Park 3/21/17 GFC 1-2 Smith Mountain Lake 3/21/17 GFC 1-2 Bedford - Montvale Park, Falling Springs, Peaks of Otter 3/21/17 GFC 1-2 Access to Blue Ridge Parkway 3/21/17 GFC 1-2 Town of Buchanan 3/21/17 GFC 1-2 Roaring Run - north of Eagle Rock 3/21/17 GFC 1-2 Daleville Town Center and Greenfield Sports Complex 3/21/17 GFC 1-2 Clifton Forge and Bath County 3/21/17 GFC 1-2 Cowpasture River 3/21/17 GFC 1-2 Northwest corner of Botetourt County - Near Forest Service property 3/21/17 GFC 1-2 Craigs Creek to New Castle - Old Rail Bed 3/21/17 GFC 2-1 Buchanan Town Park 3/21/17 GFC 2-1 Limestone Park 3/21/17 GFC 2-1 Elementary School 3/21/17 GFC 2-1 Arcadia Jennings Creek 3/21/17 GFC 2-1 RR Fincastle to Buchanan? - Mary Z 3/21/17 GFC 2-1 Purgatory Mountain Rail Bed? 3/21/17 GFC 2-1 Gorge Road - trail? 3/21/17 GFC 2-1 Roaring Run spur from Craigs Creek Trail 3/21/17 GFC 2-1 DTC, Flying Mouse, Greenfield 3/21/17 GFC 2-1 Connect "little" towns 3/21/17 GFC 2-1 AT in Buchanan 3/21/17 GFC 2-1 Arcadia - Wilson Mountain 3/21/17 GFC 2-1 Camp Bethel - National Forest 3/21/17 GFC 2-1 Disc Golf Course 3/21/17 GFC 2-1 New Communities/Apartment Complexes 3/21/17 GFC 2-1 Not on my street 3/21/17 GFC 2-1 Tinker Creek to Etzler Road 3/21/17 GFC 2-1 ER - Patterson Creek 3/21/17 GFC 2-1 Carvins Cove 3/21/17 GFC 2-1 Troutville Town Park -AT 3/21/17 GFC 2-1 Old river beds/Flood plain 3/21/17 GFC 2-1 Parallel to BR Parkway 3/21/17 GFC 2-1 Reopening trails in Greenfield 3/21/17 GFC 2-1 How would we cross Glebe Road? 3/21/17 GFC 2-1 Read Mountain Trails 3/21/17 GFC 2-1 Kroger area shopping center 3/21/17 GFC 3-1 Consider using sewer line easement and railroad land 3/21/17 GFC 3-1 Natural connection between Roanoke County and Botetourt County 3/21/17 GFC 3-1 Commuting 3/21/17 GFC 3-1 Exit 150/UDA: greenway beneficial to improvements 3/21/17 GFC 3-1 Connect greenway and blueways 1 3/21/17 Appendix C - 3 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date GFC 3-1 Economic development: connect Carvins Cove and Hollins and Daleville 3/21/17 GFC 3-1 Concerns with parking lots not being patrolled (checking for parking fees at Carvins Cove) 3/21/17 GFC 3-1 Greenway parking lots are "free" 3/21/17 GFC 3-1 User confusion 3/21/17 GFC 3-1 Policy? Revenue source 3/21/17 GFC 3-1 Phased approach - connect to Carvins Cove first (south Botetourt County) 3/21/17 GFC 3-1 North Botetourt County - circular trails (looped) desired 3/21/17 GFC 3-1 Recreation (primary desire) 3/21/17 GFC 3-1 Avoid extreme grades on greenways 3/21/17 GFC 3-1 Why aren't trails in Greenfield paved? Surface not conducive for strollers. Improve those trails first to create a destination. 3/21/17 GFC 3-1 Avoid greenways in subdivisions (Fairview) 3/21/17 GFC 3-1 Privacy concerns 3/21/17 GFC 3-1 Safety concerns on Glebe Road, Country Club Road, and Orchard Lake 3/21/17 GFC 3-1 Assess cost -benefit 3/21/17 GFC 3-1 Socialize and being outside 3/21/17 GFC 3-1 Commuter routes/connectivity 3/21/17 GFC 3-1 Hiking options in region are plenty, no need for greenways in subdivisions 3/21/17 GFC 3-1 Market existing resources 3/21/17 GFC 3-1 Study of residents' desire to commute between Roanoke and Botetourt or use the greenway for recreational use 3/21/17 GFC 4-1 User Conflicts -Speed of bikes versus walking 3/21/17 GFC 4-1 User Conflicts -Walkers have headphones and can't hear callouts 3/21/17 GFC 4-1 User Conflicts -Dogs in way - leash 3/21/17 GFC 4-1 User Conflicts -Volume and congestion 3/21/17 GFC 4-1 User Conflicts -Awareness of others 3/21/17 GFC 4-1 Issues -People blocking greenway 3/21/17 GFC 4-1 Issues -People on wrong side 3/21/17 GFC 4-1 Issues- Bikes, speed 3/21/17 GFC 4-1 Issues -Packs of runners 3/21/17 GFC 4-1 Issues- Strollers 3/21/17 GFC 4-1 Solutions -Center line 3/21/17 GFC 4-1 Solutions -Bike vs Ped Lane 3/21/17 GFC 4-1 Solutions- Separation 3/21/17 GFC 4-1 Issues- Bikes 3/21/17 GFC 4-1 Issues -Dog walkers 3/21/17 GFC 4-1 Issues -Mother Nature --Get cleaned up before opening 3/21/17 GFC 4-1 Issues- Width 3/21/17 GFC 4-1 Issues- Pack runners 3/21/17 GFC 4-1 Issues-Homeless/aggressive panhandling 3/21/17 GFC 4-1 Solutions -Enforcement 3/21/17 GFC 4-1 Solutions -Education 3/21/17 GFC 4-1 Solutions -Broken window -visibility 3/21/17 GFC 4-1 Volunteers 3/21/17 GFC 4-1 Issues -Speed 3/21/17 GFC 4-1 Issues -Where users are on trail 3/21/17 GFC 4-1 Issues Dog Leashes 3/21/17 Appendix C - 4 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date GFC 4-1 Issues -Children -motorized toy vehicles 3/21/17 GFC 4-1 Issues -Congestion 3/21/17 GFC 4-1 Issues -not a ton of problems 3/21/17 GFC 4-1 Solutions -Go to different places to do different activities 3/21/17 GFC 4-1 Solutions -Aware of congestion 3/21/17 GFC 4-1 Solutions -More width 3/21/17 GFC 4-1 Solutions -More trails 3/21/17 GFC 4-1 Solutions -spread out users 3/21/17 GFC 4-1 Solutions -Speed limit 3/21/17 GFC 4-1 Pets -poop 3/21/17 GFC 4-1 Pets -leashes 3/21/17 GFC 4-1 Pets -getting off trail 3/21/17 GFC 4-1 Pets -what about wildlife? 3/21/17 GFC 4-1 Pets -running into bears? 3/21/17 GFC 4-1 Pets -be aware of wildlife 3/21/17 GFC 4-1 Pets -off leash pets 3/21/17 GFC 4-1 Pets -Droppings 3/21/17 GFC 4-1 Pets -Cleanup 3/21/17 GFC 4-1 Pets -education 3/21/17 GFC 4-1 Pets -trash cans 3/21/17 GFC 4-1 Vandalism -Stealing signs 3/21/17 GFC 4-1 Vandalism Issues -Broken fences 3/21/17 GFC 4-1 Vandalism Issues -Homeless? 3/21/17 GFC 4-1 Vandalism Issues -Signage 3/21/17 GFC 4-1 Vandalism Solutions -Make stuff vandal proof 3/21/17 GFC 4-1 Vandalism Solutions -Police and volunteers 3/21/17 GFC 4-1 Vandalism -Theft of plants/items 3/21/17 GFC 4-1 Vandalism- Get more users on trail 3/21/17 GFC 4-1 Issues -Leashes -length 3/21/17 GFC 4-1 Issues -Picking up after pet 3/21/17 GFC 4-1 Solutions -Awareness 3/21/17 GFC 4-1 Solutions-Enforcement/Law & Volunteer 3/21/17 GFC 4-1 Signage -Situational 3/21/17 GFC 4-1 Signage -Mileage 3/21/17 GFC 4-1 Signage -Phone app to tell you where you are on the trail 3/21/17 GFC 4-1 Signage -Reminders in congested areas 3/21/17 GFC 4-1 Signage -need more signs/interpreter signs 3/21/17 GFC 4-1 Signage -not for safety or protection 3/21/17 GFC 4-1 Signage -have good maps already 3/21/17 GFC 4-1 Signage -limit in neighborhoods 3/21/17 GFC 4-1 Signage -bathrooms 3/21/17 MFC 1-1 Be aware of personal privacy and safety 3/27/17 MFC 1-1 Protect the floodway and nature 3/27/17 MFC 1-1 ixpand commercial development along Plantation Road - coffee shops etc 3/27/17 MFC 1-1 Be aware of hills and problems of getting in and out of greenway (access) 3/27/17 MFC 1-1 Enhance Carvins Cove 3/27/17 MFC 1-1 Clearly marked trails - especially the natural trails 3/27/17 MFC 1-1 1 Get to and through Explore Park 1 3/27/17 Appendix C - 5 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date MFC 1-1 Connect downtown Roanoke to Vinton 3/27/17 MFC 1-1 Anticipating access to cover the number of users 3/27/17 MFC 1-1 Branches off main greenway to serve specific areas 3/27/17 MFC 1-1 Roanoke River Greenway needs to be completed 3/27/17 MFC 1-1 Connect neighborhoods, regions, and the Commonwealth 3/27/17 MFC 1-1 Connect to Craig Valley Scenic Trail 3/27/17 MFC 1-1 Connect Roanoke River Greenway to Huckleberry Trail to New River Trail then Beaches to Bluegrass 3/27/17 MFC 1-1 Connect schools, parks, village centers 3/27/17 MFC 1-1 Keep neighborhoods free of greenways 3/27/17 MFC 1-1 Want Roanoke River and Tinker Creek to be completed and connected 3/27/17 MFC 1-1 Connect, connect, connect. Build whole plan 3/27/17 MFC 1-1 Greenways through neighborhoods 3/27/17 MFC 1-1 Be aware of personal privacy and property 3/27/17 MFC 1-1 Connect Breweries 3/27/17 MFC 1-1 West along Roanoke River to Montgomery County 3/27/17 MFC 1-1 Complete Plantation Road region to downtown 3/27/17 MFC 1-2 Could be gaps -don't have to connect 3/27/17 MFC 1-2 Connections for Hollins University and Roanoke College 3/27/17 MFC 1-2 Hollins University to Blue Ridge Parkway 3/27/17 MFC 1-2 Hollins Road to Shadwell -Deschutes 3/27/17 MFC 1-2 Daleville 3/27/17 MFC 1-2 Hollins University 3/27/17 MFC 1-2 Carvins Cove 3/27/17 MFC 1-2 Poor Mountain and Read Mountain Reserve 3/27/17 MFC 1-2 Connect to Daleville 3/27/17 MFC 1-2 North County to Salem 3/27/17 MFC 1-2 More connection to Carvins Cove 3/27/17 MFC 1-2 More connections to Read Mountain Preserve 3/27/17 MFC 2-1 Connection to Carvins Cove 3/27/17 MFC 2-1 Connections to DTC/Greenfield 3/27/17 MFC 2-1 Eagle Rock 3/27/17 MFC 2-1 Troutville to BRP 3/27/17 MFC 2-1 Buchanan to BRP 3/27/17 MFC 3-1 Connectivity to the AT, Carvins Cove, to Roanoke River Greenway (Hollins Community) 3/27/17 MFC 3-1 BotetourtCounty— CraigRiverScenicTrailconnectivity 3/27/17 MFC 3-1 Concerns with privacy and seclusion (safety), trash, trespassing, enforcement 3/27/17 MFC 3-1 Consideration for off -creek routes 3/27/17 MFC 3-1 Topography issues 3/27/17 MFC 3-1 Hollins University connection to Downtown Roanoke 3/27/17 MFC 3-1 Design needs to be open, visible, secure and monitored 3/27/17 MFC 3-1 VDOT coordination on Plantation Road 3/27/17 MFC 3-1 Connection to Deschutes 3/27/17 MFC 3-1 Concerns with residential properties and topography 3/27/17 MFC 3-1 Connection through Hollins University 3/27/17 MFC 3-1 No public park in backyard 3/27/17 MFC 3-1 Elizabeth Arden (railroad line opportunity) 1 3/27/17 Appendix C - 6 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date MFC 3-1 Don't feel comfortable walking in people's backyards 3/27/17 MFC 3-1 Take advantage of mountain views 3/27/17 MFC 3-1 Gaps in system are okay 3/27/17 MFC 3-1 Concerns with school safety and public greenway 3/27/17 MFC 3-1 Concerns with horses 3/27/17 MFC 3-1 Preservation of historic structures along Tinker Creek 3/27/17 MFC 4-1 User Conflicts -Legal liability 3/27/17 MFC 4-1 User Conflicts -Promote courtesy -How to use/Pamphlets 3/27/17 MFC 4-1 User Conflicts- Safety tips 3/27/17 MFC 4-1 User Conflicts- Skateboards, rollerblades 3/27/17 MFC 4-1 User Conflicts- Does experience lead to less incidents? 3/27/17 MFC 4-1 User Conflicts- Concern with bike speed 3/27/17 MFC 4-1 User Conflicts -Distracted users 3/27/17 MFC 4-1 User Conflicts- Speed limit signs 3/27/17 MFC 4-1 User Conflicts -Improve width 3/27/17 MFC 4-1 User Conflicts -Time limits for bikes 3/27/17 MFC 4-1 User Conflicts- Enforcement/Policing 3/27/17 MFC 4-1 User Conflicts -Encourage bikers to use other trails/greenways 3/27/17 MFC 4-1 User Conflicts- Weekend challenges 3/27/17 MFC 4-1 User Conflicts -Dividing line 3/27/17 MFC 4-1 User Conflicts -Have bikers announce w bells or calling out 3/27/17 MFC 4-1 User Conflicts -Signs — simple signs 3/27/17 MFC 4-1 User Conflicts -Pavement arrows 3/27/17 MFC 4-1 User Conflicts -Bike lanes on greenway 3/27/17 MFC 4-1 User Conflicts- Conflict between walkers and cyclists 3/27/17 MFC 4-1 User Conflicts -Distracted walkers 3/27/17 MFC 4-1 User Conflicts- Yellow line dividing traffic -effective 3/27/17 MFC 4-1 User Conflicts -Discourage fast riders 3/27/17 MFC 4-1 User Conflicts- Greenways for all users 3/27/17 MFC 4-1 User Conflicts- Protect vulnerable users 3/27/17 MFC 4-1 User Conflicts- Fast cyclists use roads 3/27/17 MFC 4-1 User Conflicts -Longer Greenways will create fast riders 3/27/17 MFC 4-1 User Conflicts- Advanced notice for events/races 3/27/17 MFC 4-1 Vandalism -Police Presence? 3/27/17 MFC 4-1 Vandalism- Prevalent at night 3/27/17 MFC 4-1 Vandalism- More trashcans 3/27/17 MFC 4-1 Vandalism- Campsites in warmer weather 3/27/17 MFC 4-1 Vandalism- Lighting 3/27/17 MFC 4-1 Vandalism- Greenway Ambassadors 3/27/17 MFC 4-1 Vandalism -Protect private property 3/27/17 MFC 4-1 Vandalism- Who polices? 3/27/17 MFC 4-1 Vandalism- Wooded sections 3/27/17 MFC 4-1 Vandalism- Irresponsible people 3/27/17 MFC 4-1 Vandalism- "Leave no trace" 3/27/17 MFC 4-1 Vandalism -Landscaping deters 3/27/17 MFC 4-1 Vandalism- Inevitable 3/27/17 MFC 4-1 Vandalism- Correlation with neighborhoods 3/27/17 MFC 4-1 Vandalism- Mile Markers vandalized 1 3/27/17 Appendix C - 7 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date MFC 4-1 Vandalism- More people less vandalism 3/27/17 MFC 4-1 Vandalism-Littering—also an issue 3/27/17 MFC 4-1 Vandalism- Historical artifacts 3/27/17 MFC 4-1 Vandalism- Keep users away from 3/27/17 MFC 4-1 Vandalism -More trash cans 3/27/17 MFC 4-1 Vandalism -Solar lights 3/27/17 MFC 4-1 Vandalism- Litter 3/27/17 MFC 4-1 Vandalism- "Adopt a Greenway" 3/27/17 MFC 4-1 Pets -Leash 3/27/17 MFC 4-1 Pets- Clean up waste 3/27/17 MFC 4-1 Pets -control vicious animals 3/27/17 MFC 4-1 Pets -Generally under control 3/27/17 MFC 4-1 Pets -Subject to same rules for parks 3/27/17 MFC 4-1 Pets- Dog Park near Greenway 3/27/17 MFC 4-1 Pets- Issues with long leashes 3/27/17 MFC 4-1 Pets -Leashes should be required 3/27/17 MFC 4-1 Pets- Pet waste not picked up 3/27/17 MFC 4-1 Pets- More pet stations 3/27/17 MFC 4-1 Pets- Monitoring 3/27/17 MFC 4-1 Pets- Wastebag dispensers 3/27/17 MFC 4-1 Pets-Horses/dogs use grass 3/27/17 MFC 4-1 Pets- Homeowners' pets affected by users' pets 3/27/17 MFC 4-1 Wayfinding/Signage-Parking signs needed 3/27/17 MFC 4-1 Wayfinding/Signage-Adequate parking 3/27/17 MFC 4-1 Wayfinding/Signage- Mile markers helpful 3/27/17 MFC 4-1 Wayfinding/Signage- Pavement markers 3/27/17 MFC 4-1 Wayfinding/Signage- Greenway ends at 13th St 3/27/17 MFC 4-1 Wayfinding/Signage-Need sign to Tinker Creek 3/27/17 MFC 4-1 Wayfinding/Signage-Signs identifying private land 3/27/17 MFC 4-1 Wayfinding/Signage-Posting notices for events 3/27/17 MFC 4-1 Wayfinding/Signage- Too many signs create confusion 3/27/17 MFC 4-1 Wayfinding/Signage-Sign for Carvins Cove trail off of Plantation Rd. and trail markers 3/27/17 MFC 4-1 Wayfinding/Signage-Pavement arrows at same place indicating direction 3/27/17 MFC 4-1 Wayfinding/Signage-Online map helpful 3/27/17 MFC 4-1 Wayfinding/Signage- Vinton trail hard to find 3/27/17 MFC 4-1 Wayfinding/Signage-Trouble finding blueway access particularly Roanoke River 3/27/17 MFC 4-1 Wayfinding/Signage-Guides/Tours 3/27/17 MFC 4-1 Wayfinding/Signage- Hard to find Read Mountain Preserve -Access at different locations 3/27/17 FFC 1-1 Cave Spring to Roanoke River Greenway 3/30/17 FFC 1-1 Tinker Creek — connect at 81 3/30/17 FFC 1-1 Fishburn to Roanoke River Greenway 3/30/17 FFC 1-1 Roanoke River Greenway to Montgomery County, VT 3/30/17 FFC 1-1 Explore Park to Westlake 3/30/17 FFC 1-1 1 More signage 1 3/30/17 Appendix C - 8 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date FFC 1-1 Roanoke River Greenway to Smith Mountain Lake — Ferrum, Hollins, Craig Valley, James River Trail, Parkway, Huckleberry, New River Trail, Bluegrass in SW Tobacco Trail 3/30/17 FFC 1-1 Widen Parkway 3/30/17 FFC 1-1 Connect to neighborhoods/signage 3/30/17 FFC 1-1 More sidewalk connectivity/city and counties. Better coordination. 3/30/17 FFC 1-1 Colonial Ave safety/pedestrian connectivity 3/30/17 FFC 1-1 Connecting business areas 3/30/17 FFC 1-1 Attract businesses & services, signage directing to businesses 3/30/17 FFC 1-1 Tie in Tanglewood changes 3/30/17 FFC 1-1 Co -locating with Rail 3/30/17 FFC 1-1 Bike Share/Carilion to population, business 3/30/17 FFC 1-1 Divided/Share use 3/30/17 FFC 1-1 Connect with buses 3/30/17 FFC 1-1 Roanoke River Greenway to Huckleberry 3/30/17 FFC 1-1 Mill Mountain Campground 3/30/17 FFC 1-1 Camping? 3/30/17 FFC 1-1 Bike camping at Explore 3/30/17 FFC 1-1 More Blueway access 3/30/17 FFC 1-1 Tanglewood connect/big parking lot 3/30/17 FFC 1-1 Countryside — connect with Peters Creek 3/30/17 FFC 1-1 Any connections 3/30/17 FFC 1-1 419 3/30/17 FFC 1-1 Yellow Mountain trails to Mill Mountain & Star 3/30/17 FFC 1-1 Better at connections 3/30/17 FFC 1-1 McAfee to Hanging Rock 3/30/17 FFC 1-1 Parallel 460E connect to Botetourt 3/30/17 FFC 2-1 Greenway on Shenandoah Life Property (scribe's note: one red star and six blue dots were placed next to this comment) 3/30/17 FFC 2-1 Good South Roanoke greenway connection 3/30/17 FFC 2-1 Bridge at Dr. Pepper Park to Roanoke River Greenway 3/30/17 FFC 2-1 Handicap accessible 3/30/17 FFC 2-1 Connect north/south to NW/NE 3/30/17 FFC 2-1 Tinker Creek connection to Roanoke River — Avoid steep hill 3/30/17 FFC 2-1 Bike lane Route 24 @ Vinton to Wolf Creek & Parkway 3/30/17 FFC 2-1 Connect with 419 Plan/Apperson/Melrose/(scribe's note: one blue dot was placed on Melrose, and the following additional connections were listed in pen along the side of the paper) Peters Creek, 220, Parkway, Williamson, Jefferson, Garden City, Route 24, Virginia Ave, Gus Nicks, Route 460, Hollins, Plantation 3/30/17 FFC 2-1 Murray Run cross walk at Brambleton 3/30/17 FFC 2-1 Tie to Valley View Hotels 3/30/17 FFC 3-1 Separation or safety measures between on -road greenway and Plantation Road 3/30/17 FFC 3-1 Utilize right -of -corridors with railroad to get to Botetourt 3/30/17 FFC 3-1 13th St to East Gate Park — Mountain bike 3/30/17 FFC 4-1 Need a center line paved trails (two check marks beside this note) 3/30/17 FFC 4-1 Like the rhymes — nice reminders (one check mark) 3/30/17 FFC 4-1 Improved connections b/w bike lanes &greenways —color 3/30/17 FFC 4-1 Garbage cans @ P.L. & in between 1 3/30/17 Appendix C - 9 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date FFC 4-1 Trash can near parking lot pulloff near Monument on Mill 3/30/17 FFC 4-1 Better signage on dog poop dispensers 3/30/17 FFC 4-1 Kudzu & invasives — pygmy goats? 3/30/17 FFC 4-1 Better ADA accessibility — alternate b/w Golden, Tinker, WTP in Roanoke — grading (one check mark) 3/30/17 FFC 4-1 Fire & EMS collaboration on greenway locations 3/30/17 FFC 4-1 Text # for issues/email/social media (two check marks) 3/30/17 FFC 4-1 Simple more frequent signage for most important things 3/30/17 FFC 4-1 Earbuds? Yes or no 3/30/17 FFC 4-1 Shenandoah Life land priority 2 w/ Murray Run Greenway 3/30/17 FFC 4-1 More obvious littering violation signs 3/30/17 FFC 4-1 Proposed single use days — bike night vs run night 3/30/17 FFC 4-1 Mapped locations of bathrooms 3/30/17 FFC 4-1 Bathrooms open year round or earlier in search (Possibly meant to be season?) 3/30/17 FFC 4-1 Additional bathrooms needed in Salem b/w Rotary and WTP in Salem 3/30/17 FFC 4-1 Rotary Park — curb to Hampton Inn near hospital — sidewalk extension 3/30/17 FFC 4-1 Trash can on greenway in Smith Park near river 3/30/17 FFC 4-1 App 3/30/17 FFC 4-1 Twitter 3/30/17 FFC 4-1 QR codes that link to website appropriate 3/30/17 FFC 4-1 Bike fix stations/First aid stations (check mark) 3/30/17 FFC 4-1 Public art/functional art 3/30/17 FFC 4-1 Creative night time light/Blue lights 3/30/17 FFC 4-1 Widen greenway in high traffic areas (check mark) 3/30/17 FFC 4-1 No center line 3/30/17 FFC 4-1 More light under Roanoke River trestles 3/30/17 FFC 4-1 Better enforcement of 6' leashes 3/30/17 FFC 4-1 Recharging stations for motorized wheel chairs 3/30/17 FFC 4-1 Ebikes—concernabout motorized use 3/30/17 FFC 4-1 Market more for commuters & families 3/30/17 FFC 4-1 Separate bike lanes thru Wasena, Smith, Rivers Edge 2' wide each direction (check mark) 3/30/17 FFC 4-1 Security — Memorial to Bridge St. — Lick Run — Washington Park to Valley View 3/30/17 FFC 4-1 Rename star trail parking lot to Riverland Road trailhead 3/30/17 FFC 4-1 Hartsook Trailhead 3/30/17 FFC 4-1 "Roanoke Valley Horse Trail" — multiuse for all 3/30/17 FFC 4-1 Naming trails for EMS response accuracy 3/30/17 FFC 4-1 Pave Wolf Creek Greenway 3/30/17 SFC 1-1 Regional Vision Priorities -Continue Roanoke River Greenway 4/3/17 SFC 1-1 Regional Vision Priorities -Connect to more trails (Carvins Cove, Garst Mill, etc) and advertise trails 4/3/17 SFC 1-1 Regional Vision Priorities -Solutions for McAfee's Knob 4/3/17 SFC 1-1 Regional Vision Priorities -Balancing the rights of property owners with greenway needs 4/3/17 SFC 1-1 Regional Vision Priorities -Access to greenways in places lacking public transportation and connecting to existing systems 4/3/17 SFC 1-1 Regional Vision Priorities -Greenway along LaMarre Drive 4/3/17 Appendix C -10 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date SFC 1-1 Regional Vision Priorities- Central transportation hub in Roanoke Valley for SW Virginia based on greenway system 4/3/17 SFC 1-1 Regional Vision Priorities- Connections to businesses/neighborhoods/restaurants 4/3/17 SFC 1-1 Regional Vision Priorities -Don't have to drive to greenways 4/3/17 SFC 1-1 Regional Vision Priorities -Connect to Commonwealth, including VA Beach 4/3/17 SFC 1-1 Regional Vision Priorities -Complete existing vision/greenway plan 4/3/17 SFC 1-1 Regional Vision Priorities- Complete Roanoke River Greenway 4/3/17 SFC 1-1 Regional Vision Priorities- Connect park greenways to the larger network 4/3/17 SFC 1-1 Destinations -Smith Mountain Lake 4/3/17 SFC 1-1 Destinations-Garst Mill to Murray Run 4/3/17 SFC 1-1 Destinations -Blue Ridge Parkway 4/3/17 SFC 1-1 Destinations- Explore Park 4/3/17 SFC 1-1 Destinations -Craig Valley Scenic Trail 4/3/17 SFC 1-1 Destinations- Hollins and Roanoke College 4/3/17 SFC 1-1 Destinations-Carvins Cove 4/3/17 SFC 1-1 Destinations -South Roanoke connector to the Roanoke River Greenway 4/3/17 SFC 1-1 Regional Vision Priorities- Greenways everywhere 4/3/17 SFC 1-1 Regional Vision Priorities- Connect to other towns, 50 miles 4/3/17 SFC 1-1 Regional Vision Priorities- Link to Franklin, Craig, & Montgomery Counties 4/3/17 SFC 1-1 Regional Vision Priorities- Link to Virginia Tech 4/3/17 SFC 1-1 Regional Vision Priorities- Connect greenways to transportation network, no car needed 4/3/17 SFC 1-1 Regional Vision Priorities- Add protected bike lanes 4/3/17 SFC 1-1 Regional Vision Priorities- On street parking as bike protection 4/3/17 SFC 1-1 Regional Vision Priorities- Raised bike lanes (prevent debris) 4/3/17 SFC 1-1 Regional Vision Priorities- Smith Mountain Lake parks, beaches connection 4/3/17 SFC 1-1 Regional Vision Priorities- Rails to Trails opportunities 4/3/17 SFC 1-1 Regional Vision Priorities- Brewery connections 4/3/17 SFC 1-1 Regional Vision Priorities- Wayfinding signage, especially downtown 4/3/17 SFC 1-1 Regional Vision Priorities- Advertise to tourists, brochures at hotels 4/3/17 SFC 2-1 Connection from Starkey to Roanoke River Greenway 4/3/17 SFC 2-1 Connect S. County to greenway network 4/3/17 SFC 2-1 Mudlick Creek Greenway -Priority 4/3/17 SFC 2-1 Restrooms at Rotary Park 4/3/17 SFC 2-1 Charging stations for motorized wheelchairs 4/3/17 SFC 2-1 Sidewalk LaMarre (North Co.) or greenway 4/3/17 SFC 2-1 Connection to Reservoir from Plantation Rd 4/3/17 SFC 2-1 Expand Carvins Cove Trails on Williamson Rd. side 4/3/17 SFC 2-1 Transit access to Hollins area 4/3/17 SFC 2-1 Greenway connection to Tanglewood Mall (x2) 4/3/17 SFC 2-1 Connections to Morningside in Southeast -Morningside Park and connect to Jackson Park 4/3/17 SFC 2-1 Connect Schools -Reduce Obesity and bike to school 4/3/17 SFC 2-1 Mixed purposes- Recreation & commuting 4/3/17 SFC 2-1 Show bikeway on maps 4/3/17 SFC 4-1 Pets -Retractable leashes 4/3/17 SFC 4-1 Pets- Pet waste (health issues & environmental) 4/3/17 SFC 4-1 Pets- People are the problem (not pets) 4/3/17 Appendix C -11 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date SFC 4-1 Pets -Positive reinforcement 4/3/17 SFC 4-1 Wayfinding Signs - Addresses (add zip code) 4/3/17 SFC 4-1 Wayfinding Signs -Parking directions 4/3/17 SFC 4-1 Wayfinding Signs -More milemarkers for emergencies 4/3/17 SFC 4-1 Wayfinding Signs -Smartphone app needed for trails and greenways (relate to parking app) 4/3/17 SFC 4-1 Wayfinding Signs - River dredging — keeping track of when greenway is closed (notice when greenway is closed) for flooding 4/3/17 SFC 4-1 Wayfinding Signs - Underhill Avenue connection (onroad connection) -Sharp turn warning sign 4/3/17 SFC 4-1 Wayfinding Signs - Different colors in each jurisdiction 4/3/17 SFC 4-1 Wayfinding Signs - Consistent signage 4/3/17 SFC 4-1 Wayfinding Signs -Simple messages on signs (less words on rules signs) 4/3/17 SFC 4-1 Vandalism -Milepost signs 4/3/17 SFC 4-1 Vandalism- Encourage Ambassador Program (volunteers are eyes and ears for greenway) 4/3/17 SFC 4-1 Vandalism -More police presence (target areas) 4/3/17 SFC 4-1 Speed/Misc-Fast bikes, no warning (bad etiquette) 4/3/17 SFC 4-1 Speed/Misc-Road bikers "Tour de France" 4/3/17 SFC 4-1 Speed/Misc-Too slow "Clydesdales" 4/3/17 SFC 4-1 Speed/Misc- Marketing (peer pressure) to help educate users 4/3/17 SFC 4-1 Speed/Misc- Promote shared use -Share, make noise, pass on the left 4/3/17 SFC 4-1 Speed/Misc-Add centerline (dashed white) 4/3/17 SFC 4-1 Speed/Misc-Yield 4/3/17 SFC 4-1 Speed/Misc- More signage 4/3/17 SFC 4-1 Speed/Misc- Generational differences (ages) 4/3/17 SFC 4-1 Speed/Misc-Winter bathrooms (needed) 4/3/17 SFC 4-1 Speed/Misc-Drones — new issue 4/3/17 SFC 4-1 Speed/Misc- E -bikes (motor) — new issue 4/3/17 SFC 4-1 Speed/Misc- Charging stations needed for wheelchairs 4/3/17 SFC 4-1 Speed/Misc-EMS — ATV ambulance (Richmond, DC — examples) 4/3/17 SFC 4-1 Speed/Misc-Widen greenway (two lanes) in congested areas; separate bike and pedestrian lanes (passing lanes) 4/3/17 SFC 4-1 Speed/Misc- Weekend volunteer patrol 4/3/17 SFC 4-1 Speed/Misc-Pedestrians facing oncoming traffic on roads, but not greenways 4/3/17 SFC 4-1 Speed/Misc- Preventative maintenance (root pruning) 4/3/17 SFC 4-1 Speed/Misc- Ambassadors hand out use/etiquette handouts to users (informational) violating rules 4/3/17 SFC 4-1 Speed/Misc- Rules signs (multiple languages) -consistency across jurisdictions 4/3/17 SFC 4-1 Speed/Misc-Encourage more pedestrian use in parks, as opposed to greenways (more marketing less known/visited trails) 4/3/17 SFC 4-1 Speed/Misc-Right-of-way negotiation packet (help with positive attribute of greenways) 4/3/17 GLFC 1-1 Overall Vision -Continuous, connected to popular destinations 4/6/17 GLFC 1-1 Overall Vision -Like AT — can stop & stay, destinations, things to do 4/6/17 GLFC 1-1 Overall Vision -Parks & schools & other trails 4/6/17 GLFC 1-1 Overall Vision -Emergency boxes — phone service, rural areas 4/6/17 GLFC 1-1 Overall Vision- Connect to AT, Carvins Cove 1 4/6/17 Appendix C -12 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date GLFC 1-1 Overall Vision -Park & Ride connections for commuting 4/6/17 GLFC 1-1 Overall Vision -Falling Creek Reservoir 4/6/17 GLFC 1-1 Major Connections -Falling Creek 4/6/17 GLFC 1-1 Major Connections- Blacksburg 4/6/17 GLFC 1-1 Major Connections- Greenfield 4/6/17 GLFC 1-1 Major Connections- National Forest 4/6/17 GLFC 1-1 Major Connections- New Castle 4/6/17 GLFC 1-1 Major Connections- SML 4/6/17 GLFC 1-1 Major Connections- Lynchburg 4/6/17 GLFC 1-1 Overall Vision -Going well, hope it continue to grow 4/6/17 GLFC 1-1 Overall Vision-Blueway is great 4/6/17 GLFC 1-1 Overall Vision- Lots of room to grow — Botetourt 4/6/17 GLFC 1-1 Overall Vision- More put -in points on blueway 4/6/17 GLFC 1-1 Overall Vision -Greenway so much more than downtown, more than people realize 4/6/17 GLFC 1-1 Overall Vision -Corridor along Parkway 4/6/17 GLFC 1-1 Overall Vision- Incredible over last 5 years 4/6/17 GLFC 2-1 Glenvar— Neighborhood Vision -Connect Hanging Rock Greenway into Hanging Rock Golf Course area 4/6/17 GLFC 2-1 Glenvar— Neighborhood Vision -Connect Hanging Rock Greenway & Carvins Cove, then to Tinker, Roanoke River Greenway 4/6/17 GLFC 2-1 Glenvar— Neighborhood Vision -Coordination with Real Estate Department on delinquent tax parcels 4/6/17 GLFC 2-1 Glenvar— Neighborhood Vision -Connect greenways to blueways when possible 4/6/17 GLFC 4-1 Speed Conflicts -Individual responsibility to be aware of other users 4/6/17 GLFC 4-1 Speed Conflicts -Mindfully sharing the road/trail 4/6/17 GLFC 4-1 Speed Conflicts- Communicate how to share the greenway with the public, correct etiquette 4/6/17 GLFC 4-1 Speed Conflicts -Bike and pedestrians — not aware of one another, bikes overtaking peds. 4/6/17 GLFC 4-1 Speed Conflicts -Not sharing the road/trail 4/6/17 GLFC 4-1 Speed Conflicts -Not being mindful of others on greenway 4/6/17 GLFC 4-1 Speed Conflicts -Leashes extended across greenway, conflict with bikes 4/6/17 GLFC 4-1 Speed Conflicts -Safety of dogs & bikes, dogs excited by passing bikes 4/6/17 GLFC 4-1 Speed Conflicts -Bikes saying "passing" but startling walkers, or bicyclists not calling out 4/6/17 GLFC 4-1 Speed Conflicts -Not determining which side is for each user, which side for each direction 4/6/17 GLFC 4-1 Speed Conflicts- Need centerlines, as in other places 4/6/17 GLFC 4-1 Speed Conflicts- Earbuds 4/6/17 GLFC 4-1 Speed Conflicts- Higher bike speeds allowed at times/for special events 4/6/17 GLFC 4-1 Speed Conflicts -Speed limits for congested areas 4/6/17 GLFC 4-1 Speed Conflicts- Designate "bike only"/"ped only" times (not during peak hours) 4/6/17 GLFC 4-1 Pet conflicts -Extendable leashes 4/6/17 GLFC 4-1 Pet conflicts -Multiple leashed dogs 4/6/17 GLFC 4-1 Pet conflicts- Off -leash dogs 4/6/17 GLFC 4-1 Pet conflicts- Pet waste on greenways 4/6/17 GLFC 4-1 Pet conflicts- Recycled Kroger/grocery bag stations for waste 4/6/17 GLFC 4-1 Pet conflicts- Improper leashing, none, extended 4/6/17 GLFC 4-1 Vandalism-Carvins Cove: portable toilets tipped, money boxes stolen from 1 4/6/17 Appendix C -13 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date GLFC 4-1 Vandalism -Site-specific issues 4/6/17 GLFC 4-1 Vandalism -Provide a contact number to report issues/trash/vandalism 4/6/17 GLFC 4-1 Vandalism- Overflowing trashcans (Colorado St. area) 4/6/17 GLFC 4-1 Vandalism- Security concerns at night/evening, esp in isolated areas 4/6/17 GLFC 4-1 Signage -Etiquette on greenways provided on signs 4/6/17 GLFC 4-1 Signage -Better signage needed at sewage treatment plant greenways 4/6/17 GLFC 4-1 Signage -Provide information at hotels, tourism sites, visitor spaces, etc. Physical information for visitors 4/6/17 GLFC 4-1 Signage- Improve education of greenway users to reduce multi -use conflicts 4/6/17 GLFC 4-1 Signage- Yield signs/instructions 4/6/17 GLFC 4-1 Other -Parking congested (Mill Lane), parking improperly 4/6/17 VFC 1-1 Biking & walking & running 4/6/17 VFC 1-1 Friends 4/6/17 VFC 1-1 Safe place to be 4/6/17 VFC 1-1 Community 4/6/17 VFC 1-1 Connectivity to get from one place to another 4/6/17 VFC 1-1 Separation from traffic 4/6/17 VFC 1-1 Recognition from other communities 4/6/17 VFC 1-2 Priorities -More mileage including Daleville & Green Hill Park 4/6/17 VFC 1-2 Priorities-Walkability 4/6/17 VFC 1-2 Priorities -Increase mileage so there is not so much congestion in certain areas 4/6/17 VFC 1-2 Priorities -419 Corridor — more connectivity with Reimagine 419 4/6/17 VFC 1-2 Priorities -Multi -use connection from Roanoke Mountain to Explore park — Class C - & access to Blue Ridge Parkway 4/6/17 VFC 1-2 Priorities- Spread out human traffic in Wasena area 4/6/17 VFC 1-2 Priorities- Expansion to Back Creek 4/6/17 VFC 1-2 Priorities -Cooperation with regard to mountain bike use — Carvins Cove, Blue Ridge Parkway 4/6/17 VFC 1-1 Unwinding 4/6/17 VFC 1-1 Natural environment in an urban setting 4/6/17 VFC 1-1 Gathering place 4/6/17 VFC 1-1 Retirement occupation 4/6/17 VFC 1-1 Physical well-being 4/6/17 VFC 1-1 Connections to different areas 4/6/17 VFC 1-1 Walking, hiking, biking, tubing 4/6/17 VFC 1-1 Super! — Great community asset — encourages healthy living 4/6/17 VFC 1-2 Priorities- Connecting communities 4/6/17 VFC 1-2 Priorities- Connect to Lynchburg & Christiansburg —Amtrak — New River Trail —AT — National Forest 4/6/17 VFC 1-2 Priorities- Downtown Salem to Roanoke River 4/6/17 VFC 1-2 Priorities- Hinchee—Carvins Cove 4/6/17 VFC 1-2 Priorities- Connect the gaps 4/6/17 VFC 1-2 Priorities- Connect neighborhoods to greenways 4/6/17 VFC 1-2 Priorities- Hanging Rock all the way south to Roanoke River by Mason's Creek 4/6/17 VFC 1-2 Priorities- Connect Roanoke River to Carvins Cove in multiple locations 4/6/17 VFC 1-2 Priorities- Back Creek 4/6/17 VFC 1-1 Community amenity — resource for residents for recreation and marketing the valley 4/6/17 Appendix C -14 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date VFC 1-1 Outside activities so you're not inside 4/6/17 VFC 1-1 Close proximity for getting on greenways 4/6/17 VFC 1-1 Social activities—see neighbors 4/6/17 VFC 1-2 Priorities- Smith Mountain Lake 4/6/17 VFC 1-2 Priorities- Finish connectivity to Explore Park 4/6/17 VFC 1-2 Priorities- Connect to Elliston 4/6/17 VFC 1-2 Priorities- North tail of the Roanoke River to Christiansburg and Blacksburg 4/6/17 VFC 1-2 Priorities- Fill in the gaps in the existing system 4/6/17 VFC 1-2 Priorities- North to Catawba 4/6/17 VFC 2-1 Neighborhood Vision -Hanging Rock Trail extends to cemetery 4/6/17 VFC 2-1 Neighborhood Vision- Wolf Creek Greenway maintenance issues use da lot by school/students (science, cross-country, etc) 4/6/17 VFC 2-1 Neighborhood Vision -Should be paved all the way - safety issue due to a lot of ruts 4/6/17 VFC 2-1 Neighborhood Vision- Leave it as cinder surface 4/6/17 VFC 2-1 Neighborhood Vision- Extend Wolf Creek Greenway to the south from Hardy Rd to Roanoke River 4/6/17 VFC 2-1 Neighborhood Vision -Sewage plant to Explore Park 4/6/17 VFC 2-1 Neighborhood Vision -Mill Mountain to Explore Park for bicyclists 4/6/17 VFC 2-1 Neighborhood Vision- Will Wolf Creek Greenway ever be connected to City of Roanoke 4/6/17 VFC 2-1 Neighborhood Vision -Maintenance issue of the Wolf Creek Greenway 4/6/17 VFC 2-1 Neighborhood Vision -WC Greenway needs to be paved 4/6/17 VFC 2-1 Neighborhood Vision -Different size of gravel on greenway (behind the school W.E. Cundiff) 4/6/17 VFC 2-1 Neighborhood Vision -Glade Creek Greenway to be extended to Vinyard Park, to Parkway 4/6/17 VFC 2-1 Neighborhood Vision-Gladetown Trail to be connected to Niagara Rd 4/6/17 VFC 2-1 Neighborhood Vision- Loop Trail (paved) at Vinyard Park 4/6/17 VFC 2-1 Neighborhood Vision -A lot of ruts on WC Greenway 4/6/17 VFC 2-1 Neighborhood Vision -Gravel needs to be rolled properly at WC Greenway 4/6/17 VFC 2-1 Neighborhood Vision- Focus on connecting existing greenway and trail section where there are gaps 4/6/17 VFC 3-1 Paved Trails 4/6/17 VFC 3-1 Route along Tinker Creek 4/6/17 VFC 3-1 Better birding along creek 4/6/17 VFC 3-1 Aesthetics more pleasing along creek route 4/6/17 VFC 4-1 Speed -Space for bikes 4/6/17 VFC 4-1 Speed -Mt. View — dangerous for pedestrians 4/6/17 VFC 4-1 Speed -Pave Wolf Creek -Drainage Issues, Mud, Roots behind WBHS 4/6/17 VFC 4-1 Speed -Education 4/6/17 VFC 4-1 Speed- Fleet Feet training 4/6/17 VFC 4-1 Speed -Wolf Creek signage on erosion roots -Drainage Problems 4/6/17 VFC 4-1 Speed- Rhyming signs 4/6/17 VFC 4-1 Speed- Wolf Creek erosion near trail -Nets blocking currently 4/6/17 VFC 4-1 Speed -Speed limits/Courtesy signs 4/6/17 VFC 4-1 Speed -Bikes 4/6/17 VFC 4-1 Speed- Greenway Ambassadors/education 4/6/17 VFC 4-1 Speed-Dogs/leashes 4/6/17 VFC 4-1 Speed -Work through bike clubs 1 4/6/17 Appendix C -15 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # Recorded Response Date VFC 4-1 Speed- Not a raceway 4/6/17 VFC 4-1 Speed -Bikes vs. walkers 4/6/17 VFC 4-1 Speed -Inattention 4/6/17 VFC 4-1 Speed- Safe speeds 4/6/17 VFC 4-1 Speed -Center lines in heavily traveled areas 4/6/17 VFC 4-1 Speed -Directional arrows 4/6/17 VFC 4-1 Speed- Signs to regulate speed 4/6/17 VFC 4-1 Speed- Group walking 4/6/17 VFC 4-1 Pets -Dog conflicts 4/6/17 VFC 4-1 Pets -Maximum leash length in high traffic areas 4/6/17 VFC 4-1 Pets- Increase fee for dog license -Reduced for trained dogs 4/6/17 VFC 4-1 Pets -Trash containers 4/6/17 VFC 4-1 Pets -Ambassadors helping w pet issues 4/6/17 VFC 4-1 Pets- Waste (mentioned 3 times) 4/6/17 VFC 4-1 Pets- Leashes (mentioned 2 times) 4/6/17 VFC 4-1 Pets- Control of children (also) 4/6/17 VFC 4-1 Vandalism -Damage to signs 4/6/17 VFC 4-1 Vandalism -Burned Port a John at Goode Park 4/6/17 VFC 4-1 Vandalism -Overturn Port a Johns 4/6/17 VFC 4-1 Vandalism -Vandalism to signs 4/6/17 VFC 4-1 Vandalism -Community Group enforcement 4/6/17 VFC 4-1 Vandalism -Cameras 4/6/17 VFC 4-1 Signs -Vinton locations confusing 4/6/17 VFC 4-1 Signs -Lick Run in downtown not well marked 4/6/17 VFC 4-1 Signs -Mile Markers 4/6/17 VFC 4-1 Signs -Transition signs where Greenway meets road 4/6/17 VFC 4-1 Signs- Bridges near Ramada Inn in City of Roanoke need maintenance 4/6/17 VFC 4-1 Signs- Wolf Creek -no rule signs, no signs on access at Parkway end, dangerous to cross street 4/6/17 VFC 4-1 Signs -Centerlines 4/6/17 VFC 4-1 Signs -Lick Run signage 4/6/17 VFC 4-1 Signs -Signs at Peters Creek/Aerial Way 4/6/17 VFC 4-1 Signs- Cyclists should use bell 4/6/17 VFC 4-1 Signs- Etiquette signs 4/6/17 Appendix C -16 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision Station #1 Question 1 What is your vision for the regional greenway network? Station #1 Question 2 What are the major connections needed within the Roanoke Valley Station #1 Question 3 What do you consider to be the top priorities for completion? Comment # Question Response Date G1 1-1 End to end and top to bottom 3/21/2017 G2 1-1 Connectivity wherever possible. 3/21/2017 G3 1-1 Connectivity 3/21/2017 G4 1-1 Integrate Bike Rt. 76 w/ greenways. Continued growth. 3/21/2017 G6 1-1 Continued growth - always room for improvement and additions 3/21/2017 G7 1-1 One interconnected loop to host benefits marathons etc 3/21/2017 G10 1-1 Connection -flow -seamless 3/21/2017 G11 1-1 Consideration for our neighborhood and our privacy and safety. There is so much "green" space that could be used without costing our neighborhoods desires/needs. 3/21/2017 G12 1-1 To connect the region completely to allow for hours and hours of uninterrupted activity with opportunities for overnight lodging. 3/21/2017 G13 1-1 Still learning and forming. Northern Botetourt connection is my major concern. 3/21/2017 G14 1-1 Connecting counties for commuting, recreation 3/21/2017 G15 1-1 Continued improvement of quality of life and viability of communities through ease of access to cultural, recreation & exercise, economic, interaction opportunities and initiatives. 3/21/2017 G16 1-1 Loop entire city/work commuters 3/21/2017 G17 1-1 Inter connected several miles in length; paved pathways 3/21/2017 G18 1-1 No vision 3/21/2017 G19 1-1 Include "carriage road" type trails as at Acadia Nat'l Park; Perhaps upgrade Happy Valley & Brushy Mtn to carriage roads 3/21/2017 G20 1-1 Complete expasion throughout region; complete greenway to Explore Park; More blueway routes 3/21/2017 G21 1-1 Commuter access, not just recreation; more connection 3/21/2017 G22 1-1 Connect urban & rural while encouraging outdoor activity; good greenways with interpretive signs add to sense of community 3/21/2017 M2 1-1 Connectivity 3/27/2017 M3 1-1 Good idea until it interrupts your home, wildlife, historic areas in neighborhood 3/27/2017 M5 1-1 Not to invade the front or backyards of the residences 3/27/2017 M7 1-1 None 3/27/2017 M10 1-1 Expanding connections between restaurants/commercial centers & attractions with residential areas 3/27/2017 F1 1-1 Connect the Roanoke Valley from South to North, East to West 3/30/2017 F3 1-1 Shenandoah woodlands addition 3/30/2017 F5 1-1 Connect as much of the valley with bike/walk trail as possible 3/30/2017 F6 1-1 We love the Greenway system and look forward to its completion. We strongly oppose the development of the woodlands surrounding Shenandoah Life. 3/30/2017 F7 1-1 ADA accessible ramps, curb -cuts, parking, etc. 3/30/2017 2/27/2018 Appendix C -17 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision F8 1-1 Dennis Fisher. Whatever you do - devote "20%" of the total effort to marketing/communication, taking advantage of all the tools at our disposal - my interest is in photography. 3/30/2017 F10 1-1 To include a greenway on the Shenandoah Life property 3/30/2017 F11 1-1 Eventually connect to surrounding counties to get to Craig, Blacksburg, Smith Mt. and become a destination in itself for the East Coast 3/30/2017 F12 1-1 To eventually (way down the road) connect to SML. 3/30/2017 F13 1-1 Connected to areas useful for education. 3/30/2017 F14 1-1 Connect the whole valley with greenways 3/30/2017 SC4 1-1 Connectivity for entire valley, not just isolated bits; and linearity 4/3/2017 GV1 1-1 All tied together w/ connections to community parks/schools 4/6/2017 GV2 1-1 Easy access anywhere in the valley 4/6/2017 GV3 1-1 Connect to more natural trails; head towards Blacksburg & Covington & Lynchburg 4/6/2017 GV4 1-1 Continuous; connecting popular destinationsn & schools 4/6/2017 GV5 1-1 Connect to all possible areas and neighboring greenways. 4/6/2017 V2 1-1 Quantity or Quality? Quality! 4/10/2017 V3 1-1 Continued expansion to encompass a circumference of Floyd to Christiansburg and Buchanan to Roanoke and areas within 4/10/2017 G1 1-2 Connect amenities, like food and drink locations, to trails. 3/21/2017 G3 1-2 Roanoke River Greenway, Hanging Rock from RRG to Cove, Tinker Creek to 3/21/2017 G4 1-2 Botetourt and Buchanan 3/21/2017 G6 1-2 Roanoke + Salem. Explore Park + Water Treatment Plant. National Forest. Carvins Cove. 3/21/2017 G11 1-2 Connectons that do not cut through our Fairview neighborhood. 3/21/2017 G12 1-2 RV to Botetourt Co. Roa River completion. Connection to SWVA through Salem 3/21/2017 G13 1-2 Promote Bilk 76 to tie northern Botetourt/Buchanan area. 3/21/2017 G14 1-2 Carvins Cove, downtown Rke, AT, BRP, Explore Park 3/21/2017 G15 1-2 Botetourt access along 11, 220 3/21/2017 G16 1-2 Connect Botetourt to Carvin's Cove 3/21/2017 G17 1-2 Complete Salem to Green Hill 3/21/2017 G18 1-2 River greenways 3/21/2017 G19 1-2 Connect to Explore Park; Salem to C'burg/B'burg; maybe New Castle 3/21/2017 G20 1-2 Botetourt to Hollins to downtown 3/21/2017 G21 1-2 Businesses as destinations 3/21/2017 G22 1-2 Bedford: Peaks to D -Day Memorial; Buchanan 3/21/2017 M2 1-2 Roanoke River to Tinker Creek to Hollins to Carvins Cove 3/27/2017 M3 1-2 Connecting with other trails is a plus until it, as staed above, disrupts quality of life in neighborhoods. 3/27/2017 M10 1-2 Tinker Creek greenway as proposed Hollins to RRG 3/27/2017 F1 1-2 Roanoke River Greenway to Murray Run Greenway 3/30/2017 1-2 Murray Run [arrow] Shenandoah Woodlands [arrow] Fishburne Park 3/30/2017 F4 1-2 Parallel the BRP [Blue Ridge Parkway] 1 3/30/2017 2/27/2018 Appendix C -18 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision 2/27/2018 Appendix C -19 1-2 Grandin Rd w/ Downtown Roanoke -Salem; South Roanoke/Grandin Road; South Roanoke w/ Downtown 3/30/2017 F7 1-2 Have the greenway be attractive to all of the valley,not just some of the valley; i.e. more attractive events and spaces to SW population than SE & NW. 3/30/2017 F10 1-2 The Shenandoah Life property as an extension of the Murray Run. An extension from Roa. River Greenway to Grandin. 3/30/2017 1-2 Connector to Carvins Cove & Hollins; connector Blue Ridge (460); connector to Montgomery & Craig & Botetourt 3/30/2017 F13 1-2 Malls, schools 3/30/2017 F14 1-2 Roanoke [arrow] Salem, Blacksburg, Floyd; Roanoke needs to be the hub 3/30/2017 SC1 1-2 Garst Mill to Murray Run 4/3/2017 SC4 1-2 Must get through the " missing link" at Walker - #1 priority! Many other destinations as described during discussion 4/3/2017 GV1 1-2 Smith Mountain Lake 4/6/2017 GV2 1-2 Extend Hanging Rock Trail; Rivers Edge area to downtown Roanoke 4/6/2017 GV3 1-2 Carvins Cove; Explore 4/6/2017 GV5 1-2 Falling Creek Reservoir; National Forest 4/6/2017 V2 1-2 Hollins to Carvins Cove; SW county 4/10/2017 V3 1-2 Connection of Explore Park to Roanoke Mountain; Bent Mtn/Back Creek expansion. 4/10/2017 G1 1-3 The "Gap" - Roanoke River Trail. Bike trails. Explore Park connection. Connection. 3/21/2017 G3 1-3 Roanoke River Greenway 3/21/2017 G6 1-3 Continued growth. Roanoke River Greenway to Explore Park. Tinker Creek Greenway to Carvins Cove. Greenway to National Forest. 3/21/2017 G7 1-3 tax dollars spent 3/21/2017 G10 1-3 Wmson - Carvins Cove - Botetourt 3/21/2017 G11 1-3 My top priority is for the Greenway not to cut through my neighborhood. We chose our neighborhood because of privacy and calmness. The Greenway is not what we had in mind. 3/21/2017 G12 1-3 Roanoke River Greenway. Connector to Carvins Cove. Explore Park. 3/21/2017 G13 1-3 A Botetourt connection through Carvin Cove HookUp 3/21/2017 G15 1-3 Definitive route plan 3/21/2017 G17 1-3 Connect trails - Vinton-Roanoke-Botetourt 3/21/2017 G18 1-3 1)set the route; 2) is route reasonable? 3) develop the costs 3/21/2017 G20 1-3 Explore Park 3/21/2017 G21 1-3 Any 3/21/2017 G22 1-3 Connections from town/city centers to other centers and easy access for outlying areas of the valley 3/21/2017 M2 1-3 Tinker Creek in Vinton to Carvins Cove 3/27/2017 M7 1-3 1 strongly am against it & feel it is not needed 3/27/2017 M10 1-3 East Rke River to Explore Park 3/27/2017 F1 1-3 Roanoke River Greenway connected; Tinker Creek to Deschutes 3/30/2017 2/27/2018 Appendix C -19 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision F2 1-3 Saving the Murray Greenway woodland/watershed area by upgrading priority for looping trail back to Patrick Henry through Shen. Life woods. Carilion needs an alternative - work with us! 3/30/2017 F4 1-3 Roanoke to Explore; Tinker to Carvins; #1 New Castle to Eagle Rock 3/30/2017 1-3 Bridge Street to Salem 3/30/2017 F10 1-3 Trails on the Shenandoah Life property 3/30/2017 1-3 Carvins Cove 3/30/2017 F12 1-3 1 live in Grandin Court on Guilford Ave., so right now, I feel top priority needs to be saving Murray Run & the surrounding community from being ruined by the development of this 225 apartment complex. We need your support! 3/30/2017 F13 1-3 To complete routes around schools first. 3/30/2017 SC1 1-3 2, 24, 33, 30. #1 Mudlick; Barnhardt Creek; Long Ridge Trail; Poor Mountain 4/3/2017 SC2 1-3 Stating we are here to propose a vision for trails instead of listening to opposition. 4/3/2017 SC4 1-3 Must get through the " missing link" at Walker - #1 priority 4/3/2017 GV2 1-3 Woodbridge to Green Hill Park; Rotary Park going east 4/6/2017 GV3 1-3 Roanoke River; Tinker Creek; Masons Cove full 4/6/2017 GV5 1-3 #1 Roanoke River Greenway; #2 Roanoke River Blueway 4/6/2017 V1 1-3 Hollins -Tinker Creek -Read Mountain connection 4/10/2017 V2 1-3 Focus on Roanoke connectors 4/10/2017 2/27/2018 Appendix C - 20 Public Input from Individuals via Comment Sheets Station 2: Locality Priorities and Neighborhood Connections Station #2 Question 1 What are the destinations that people would like to access? Station #2 Question 2 Which of those destinations need to be linked together with the greenway network? Station #2 Question 3 Do you have a preferred route(s) to link these destinations? Comment # Question Response Date G1 2-1 Greenfield Ed Center, Botetourt Town Center, Read Mt., Carvins Cove (boating) 3/21/2017 G2 2-1 Buchanan! Connect AT to Buchanan safely - Rt. 43 is a connector now. 3/21/2017 G4 2-1 Buchanan River (James) 3/21/2017 G6 2-1 Link City of Roanoke + Roanoke County to Botetourt 3/21/2017 G8 2-1 Develop the Craig Rail Trail. Develop a Craig Creek Blueway 3/21/2017 G9 2-1 Develop the Craig Rail Trail 3/21/2017 G11 2-1 Appalachian Trail 3/21/2017 G12 2-1 Daleville to Cavins Cove - RKE. Eagle Rock to Craig Co. -Rail to Trail 3/21/2017 G13 2-1 James River Heritage Trail/Roaring Run 3/21/2017 G14 2-1 Fincastle, Troutville, Daleville, HMA, Patterson Mtn 3/21/2017 G15 2-1 Daleville Town Center. Fincastle, Buchanan, Lewis/Clarke, AT, Sports Complex 3/21/2017 G16 2-1 Carvin's Cove 3/21/2017 G17 2-1 #1 Reconfigure, build trails in Greenfield first - great place 3/21/2017 G20 2-1 Daleville TC; Exit 150 development; Kroger; Fincastle, Buchanan, 3/21/2017 G21 2-1 Botetout Commoms; LBHS, Greenfield, Troutville Park 3/21/2017 G22 2-1 Buchanan, Camp Bethel, Read Mt. (trails); Greenfield, Fincastle, Carvins Cove 3/21/2017 M1 2-1 Greenfield Park, Blue Ridge Pkwy, Roaring Run 3/27/2017 M2 2-1 Don't care 3/27/2017 M5 2-1 Carvins Cove 3/27/2017 M7 2-1 Town Center 3/27/2017 M10 2-1 Daleville Town Center & more Carvins Cove connections 3/27/2017 M11 2-1 Carvins Cove; Appalachian Trail access @ Buchanan and @ Fincastle 3/27/2017 F1 2-1 Connection from Roanoke River Greenway to Murray Run; possible Roanoke River Greenway to Towers Mall via old rail bed by Ice House. 3/30/2017 F2 2-1 People want beautiful rivers, creeks and woodlands. Those are destinations! Don't break up parks and greenways with tacky development! 3/30/2017 F3 2-1 Garst Mill Park; Happy Hollow Gardens 3/30/2017 F4 2-1 Tinker to Carvins; Carvins; Explore; Salem. North East; North West 3/30/2017 F5 2-1 Salem, Towers; Grandin Court/Raleigh Court 3/30/2017 F7 2-1 Libraries, parks, event centers & hubs 3/30/2017 F10 2-1 The Shenandoah Life property. More trails 3/30/2017 F11 2-1 Carvins Cove; Downtown; Blue Ridge Pkwy 3/30/2017 F13 2-1 Nature, schools 3/30/2017 SC1 2-1 Hidden Valley HS 4/3/2017 2/27/2018 Appendix C - 21 Public Input from Individuals via Comment Sheets Station 2: Locality Priorities and Neighborhood Connections SC2 2-1 How are you getting the land for this trail & all of them? 4/3/2017 SC3 2-1 Tanglewood Mall from Pebble Creek and Honeywood Apts. 4/3/2017 SC4 2-1 Hidden Valley area; Tanglewood Mall area 4/3/2017 GV2 2-1 Green Hill Park from Woodbridge 4/6/2017 GV3 2-1 311 Park n Ride to Mason Creek & Roanoke River Greenway & to Carvins Cove from Hanging Rock 4/6/2017 GV4 2-1 Green Hill Park 4/6/2017 GV5 2-1 AT from Carvins Cove boat launch 4/6/2017 V2 2-1 Back Creek to all points 4/10/2017 G1 2-2 Explore Park to Vinton Town; Green Hill Ed Center to Daleville Town Center 3/21/2017 G2 2-2 Buchanan! Connect AT to Buchanan safely - Rt. 43 is a connector now. 3/21/2017 G4 2-2 Buch. Town Park, Acadia Jenning Creek. Connect "little" towns 3/21/2017 G6 2-2 be able to access as many areas as possible without driving a car 3/21/2017 G11 2-2 Carvins Cove - Appalachian Trail 3/21/2017 G12 2-2 Daleville to Cavins Cove - RKE. Eagle Rock to Craig Co. -Rail to Trail 3/21/2017 G13 2-2 Over time both, plus - 3/21/2017 G17 2-2 Lots of land; Greenfield 3/21/2017 G20 2-2 Hollins to Daleville 3/21/2017 G21 2-2 All the above 3/21/2017 M2 2-2 Don't care 3/27/2017 M3 2-2 Please don't put a bike trail on Williamson - we need 4 lanes. When 581 is closed most travelers going north go up Williamson. It doesn't need to be 2 lanes & a bike lane - keep it 4 lanes. 3/27/2017 M7 2-2 To complete this without affecting homeowners use Plantation Rd. 3/27/2017 M10 2-2 AT/Carvins Cove/Ballast Point 3/27/2017 M11 2-2 Eagle Rock/Buchanan/James River/ Rt 220 3/27/2017 F1 2-2 see above 3/30/2017 F3 2-2 Don't know 3/30/2017 F4 2-2 All the above 3/30/2017 F5 2-2 Towers - South Roanoke - Grandin Court 3/30/2017 F11 2-2 All! 3/30/2017 F13 2-2 High schools 3/30/2017 SC1 2-2 HVHS to Mudlick Creek Greenway 4/3/2017 SC2 2-2 See comment tab 4/3/2017 GV3 2-2 Cove -Havens -Explore -AT -Downtown -Park n Rides 4/6/2017 GV4 2-2 Green Hill Park 4/6/2017 GV5 2-2 Develop existing trail/old road bed to AT; connect Carvins Cove Greenway to AT 4/6/2017 V2 2-2 Back Creek 4/10/2017 G1 2-3 Do you? 3/21/2017 G2 2-3 Along rivers where possible 3/21/2017 G11 2-3 Routes that do not cut through or directly border the Orchard Lake/Fairview neighborhood. 3/21/2017 G12 2-3 Avoid subdivisions if possible, consider expanding roads. FIOS routes 1 3/21/2017 2/27/2018 Appendix C - 22 Public Input from Individuals via Comment Sheets Station 2: Locality Priorities and Neighborhood Connections G13 2-3 Promote US Bike Route 76 to initially tie northern Botetourt to Grnway 3/21/2017 G15 2-3 GSC to Fincastle to GEL to Daleville to Valley tie. Buchananc to Toutville to AT to Daleville to Carvin Cove. 3/21/2017 G21 2-3 No 3/21/2017 M2 2-3 Don't care 3/27/2017 M4 2-3 Not Tinker Creek route 3/27/2017 M7 2-3 No 3/27/2017 M11 2-3 Along James River 3/27/2017 F1 2-3 Roanoke River to Murray Run is difficult but Wonju to Colonial with addition of bike lane on Wonju? 3/30/2017 F3 2-3 No 3/30/2017 F5 2-3 Round about on Wiley Drive Greenway 3/30/2017 F11 2-3 Along waterways where possible 3/30/2017 F13 2-3 n/a 3/30/2017 SC1 2-3 Mudlick Creek? 4/3/2017 SC3 2-3 Need Ogden Rd. GW and Murray Run GW to county line 4/3/2017 GV3 2-3 Off road 4/6/2017 GV5 2-3 Develop existing trail/old road bed to AT 4/6/2017 V2 2-3 Back Creek 4/10/2017 2/27/2018 Appendix C - 23 Public Input from Individuals via Comment Sheets Station 3: Tinker Creek Greenway Station #3 Question 1 Do you think Tinker Creek Greenway is an important connection between Botetourt and Roanoke? Why or why not? Station #3 Question 2 What do you think the most important use would be if the greenway is developed ... Transportation? Recreation? Both? How would you use Station #3 Question 3 Do you have comments about specific segments or alternatives? Comment # Question Response Date G1 3-1 Yes, of course. (see next answer) 3/21/2017 G5 3-1 Railroad and sewer right-aways used? Definitely important for a multitude of reasons. 3/21/2017 G6 3-1 Yes - access Botetourt and Carvins Cove without driving 3/21/2017 G11 3-1 Yes, connecting nature from Roanoke County to the beauty of Botetourt. Following Tinker Creek. 3/21/2017 G12 3-1 Yes, connection is key for residents and visitors 3/21/2017 G13 3-1 Yes - look to be shortest most doable . Beginning - 3/21/2017 G14 3-1 It's the natural connection but much more access to Carvins Cove (permits issues, not parking in fee'd lots) 3/21/2017 G15 3-1 Essential link 3/21/2017 G18 3-1 Not needed; would only be beneficial to runners or cyclists 3/21/2017 G20 3-1 Yes -just a great future connection 3/21/2017 G21 3-1 Commuting; Yes, connects us to the city 3/21/2017 G22 3-1 Yes, to increase easy access to outdoor recreation and increase alternative transportation options 3/21/2017 M1 3-1 Yes, but I think it's more important to connect it back to the Vinton section and the Roanoke River Greenway before 3/27/2017 M2 3-1 Yes. Needed to connect NW ROA to SE ROA 3/27/2017 M4 3-1 Sure, connecting greenways are a good idea generally. I don't think Tinker Creek Greenway is necessarily the best solution. Why call it "Tinker Creek" How about "Plantation Road". "Plantation Road Greenway" has a nice ring to it. 3/27/2017 M5 3-1 Strongly against the development by houses & neighborhoods - specifically yards 3/27/2017 M6 3-1 Use Plantation Rd. Do not use peoples' yards 3/27/2017 M7 3-1 As long as it does not go through private yards and yards 3/27/2017 M8 3-1 No. Let them do there own thing. 3/27/2017 M9 3-1 Yes. Very important to bring Hollins College into the fold 3/27/2017 M10 3-1 Yes - connections to Hollins U and Daleville Town Center 3/27/2017 F1 3-1 Yes, Further enables the overall Greenway system to connect with Botetourt. 3/30/2017 F4 3-1 Yes. 3/30/2017 F5 3-1 Yes - More length makes for better riding/running 3/30/2017 F11 3-1 Yes it is. Both can meet at Carvins Cove, which is a wonderful outdoor destination. Eventually it can also connect to Craig & then Blacksburg. 3/30/2017 F13 3-1 Yes, as it further connects the valley. 3/30/2017 SC1 3-1 NO Tinker Station at South County Library 4/3/2017 SC5 3-1 Lives near Lamarre on Brookview. 4/3/2017 V2 3-1 Sure, once finish existing sections. See * [3-3] 4/10/2017 2/27/2018 Appendix C - 24 Public Input from Individuals via Comment Sheets Station 3: Tinker Creek Greenway G1 3-2 Both. I walk and ride a bike often. I'd like to see it used to get from place to place. 3/21/2017 G5 3-2 I've lived in Botetourt for 22 years, fearful/unable to ride my bike much at all due to speeding traffic on curvy roads. I would love to have a safe place to ride!! 3/21/2017 G6 3-2 Transportation and Recreation 3/21/2017 G11 3-2 Recreation. I appreciate the purpose, but do not use them. 3/21/2017 G12 3-2 Recreation, potential transportation if housing options improve 3/21/2017 G13 3-2 My concept of transportation does not blend with recreation. Recreation. 3/21/2017 G14 3-2 Recreation. The state of the environment and location (trail areas) would only make sense to be for recreation. It's also a long mileage commute to get downtown 3/21/2017 G15 3-2 Recreation 3/21/2017 G16 3-2 Too expensive 3/21/2017 G21 3-2 All: run, bike, shop, etc 3/21/2017 G22 3-2 Mostly recreation to start. Over time I can imagine that we will increase for transportation - to work, to shop, to eat (or other "recreation"). 3/21/2017 M1 3-2 1 would probably mostly use it for recreation, but I think it's important to have safe, non -motorized transportation access. 3/27/2017 M2 3-2 Rec. 3/27/2017 M4 3-2 Recreation; exercise 3/27/2017 M5 3-2 Recreation. I would not like to walk in yards; could use gaps to avoid private residences. *Please consider Plantation Rd. [arrow] better for economic development. 3/27/2017 M8 3-2 Recreation. Not interested in greenways. 3/27/2017 M9 3-2 Recreation 3/27/2017 M10 3-2 Bike riding - connections to brewery 3/27/2017 F1 3-2 Biking; running 3/30/2017 F2 3-2 Recreation. 3/30/2017 F5 3-2 Recreation 3/30/2017 F11 3-2 60% recreation; 40% trans. 3/30/2017 F13 3-2 Transport 3/30/2017 SC5 3-2 She wants greenway in her backyard so she can walk to Williamson Road and businesses. She wants bus service on Williamson, for more than Hollins students. Her neighborhood is getting older and people need the option of walking instead of driving. One of her neighbors went to Mountain View meeting and told her there was hope for getting a greenway on Lamarre. 4/3/2017 V2 3-2 Mostly recreation; casual transportation only 4/10/2017 G1 3-3 Tinke Creek is a natural route between Roanoke City and Daleville. I'd like to see it developed as a blueway. Stay away from busy road - go scenic. 3/21/2017 G5 3-3 I've marked them w/ green dots.:) 3/21/2017 G11 3-3 Not through Orchard Lake/Fairview. Great alternative is along Tinker Creek. Expand into Troutville area. 3/21/2017 G12 3-3 Consider Tinker Creek as route. Partner with Roanoke Cement. 3/21/2017 2/27/2018 Appendix C - 25 Public Input from Individuals via Comment Sheets Station 3: Tinker Creek Greenway G15 3-3 Too early. 3/21/2017 G21 3-3 No 3/21/2017 Not about specific segments, but regarding composition -- to the extent possible stick with the softest feasible surface. For instance, some city segments get such high use that a hard road -like surface is needed but I find it undesirable. Whever use allows, try to use less G22 3-3 firm surface. 3/21/2017 Botetourt [arrow] I prefer the route that follows 220 only because I M1 3-3 don't want to see a multiuse trail crossing the AT at Tinker Creek. 3/27/2017 M2 3-3 Finish Bridge St. Connection to Salem 3/27/2017 1 do not want a greenway along Tinker Creek. I own property on M4 3-3 Tinker Creek and do not want a public path in my back yard. 3/27/2017 Not in favor of using the front or back yards of the neighborhood. Not comfortable walking in other people's yards. Privacy and safety would M5 3-3 be compromised 3/27/2017 M7 3-3 1 think the route should stay on Plantation for certain lengths 3/27/2017 1 DO NOT want this to come by or on my property. I bought the M8 3-3 property because of the privacy! 3/27/2017 M9 3-3 No 3/27/2017 The whole greenway needs a center line and directions to all traffic to F5 3-3 please keep to the right. 3/30/2017 V2 3-3 *Would really like a connection in SW County - Back Creek area 4/10/2017 2/27/2018 Appendix C - 26 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges Station #4 Question 1 Greenway users report the following management issues: bicycles going too fast; pet problems (leashes, pet waste); vandalism; and lack of signage and available information. What solutions would you propose to these operations and management issues? Station #4 Question 2 Are there other issues that need to be addressed? Station #4 Question 3 Other Comments? Comment A Question Response Date G1 4-1 Volunters dedicated to maintain/oberve sections of trail. Speed limits for bikes. Perhaps add a center line. 3/21/2017 G5 4-1 Curvy greenway could slow down bikes. 3/21/2017 G6 4-1 Painted center line in heaviest use areas. Signage with rule reminders like the "burma shave" signs. Outlaw retractable leashes 3/21/2017 G11 4-1 Congestion, signage. Moe Geenways that connect to existing Greenway. Trailheads. 3/21/2017 G12 4-1 signage 3/21/2017 G13 4-1 Education on sharing. Add "Carry out any thing you bring in.' 3/21/2017 G14 4-1 The City had funny quips/rhymes on signs to teach greenway manners/behaviors. PSAs on TV and radio 3/21/2017 G15 4-1 Knowledge. Education. Develop "weism" vs "meism" 3/21/2017 G21 4-1 Paint a line to divide; more signage 3/21/2017 G22 4-1 Center line for heavier use areas; dividers sprinkled along paths are helpful in heavy use areas 3/21/2017 F1 4-1 Limit length of dog leashes to 5 ft or less - no retractable; center line in busy areas - Roanoke River Greenway 3/30/2017 F2 4-1 Center lines on paved paths. Connector roads should have green paint for recognition/navigation. Garbage cans @ all parking lots & in between. Signage teaching about feces in water supply. 3/30/2017 F3 4-1 Bicycle speed! Dangerous 3/30/2017 F5 4-1 See above [the whole greenway needs a center line and directions to all traffic to please keep to the right] and some extra warnings to go slowly through curves. 3/30/2017 F7 4-1 Signage or mapping on App or Cpu of most accessible locations. Map greenway routes by accessiblity. 3/30/2017 F10 4-1 - increase maps & signage for mileage 3/30/2017 F13 4-1 Better education of rules 3/30/2017 SC1 4-1 Bikers need to signal when they are about to pass someone 4/3/2017 SC2 4-1 see Other Comments tab 4/3/2017 SC4 4-1 Center line probably most important 4/3/2017 GV1 4-1 More organizations like Rotary/Kiwanis manage sections 4/6/2017 GV2 4-1 General rules of the road; Etiquette for everyone 4/6/2017 GV3 4-1 More outreach to get people to share and get along 4/6/2017 GV4 4-1 Open and easily visible; proper lighting; stations w/ trash bags & cans for trash & pet waste 4/6/2017 V2 4-1 Greater community education & partnerships to to leaders of key users, i.e. bike stores, civic organizations, etc 4/10/2017 2/27/2018 Appendix C - 27 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges G1 4-2 Repairs after rains. Repairs to fences along side of trail. More historic signage, like along Hanging Rock Trail. 3/21/2017 G2 4-2 Safety 3/21/2017 G3 4-2 Concerns of local Botetourt residents of level of support and more information of greenway users and what to expect 3/21/2017 G5 4-2 "possible wildlife" signs? (Der, bear, turkeys, foxs,& vultures!) 3/21/2017 G6 4-2 Signage + location awareness when you need to call 911 3/21/2017 G11 4-2 Not inviting strangers into a private neighborhood. The shortest - cheapest route is not always the best. Crowds, pollution, crime, etc do not belong in a secluded neighborhood. 3/21/2017 G15 4-2 Maintenance, all aspects. Accessability. Event management/trail management. Use limits as to what an area or segment can support. 3/21/2017 G16 4-2 Seasonal signs 3/21/2017 G18 4-2 Greenways in entire valley that are connected seems more of a "feel good" project rather than providing immediate benefits/returns 3/21/2017 G22 4-2 Signage about area features, businesses, history; sign reminders for pet waste, dogs on leash ,and be alert for wildlife 3/21/2017 M2 4-2 Notice of Greenway events. Several times I've had to leave the Greenway & th Cove due to unannounced foot races. 3/27/2017 F2 4-2 Kudzu & invasives ruining views of river. Have a number of people can text problems & pix of issues. Simpler, more frequent signage w/ reminder rules. 3/30/2017 F5 4-2 Remind folks to keep dogs on tight leash 3/30/2017 F12 4-2 Saving the Woodlands of Murray Run from being ruined from this horrible development of 225 apartments. Please help us! 3/30/2017 F13 4-2 Lack of exposure to younger audiences. 3/30/2017 SC4 4-2 Flooding [arrow] damage 4/3/2017 GV2 4-2 Long leashes; lack of signage at Water Treatment Plant to get to Tinker Creek Greenway 4/6/2017 GV3 4-2 More places to park; distributed parking 4/6/2017 GV4 4-2 Properly maintaining grass and trees 4/6/2017 V2 4-2 Greater community education and partnerships to to leaders of key users, i.e. bike stores, civic organizations, etc 4/10/2017 G1 4-3 More cooperation between localities. Dedicated funding, such as sponsorships. Consider solar lighting along the trail. 3/21/2017 G11 4-3 All of the management issues contribut to why our neighborhood does not desire the greenway through or bordering. 3/21/2017 G13 4-3 You have people using the facility. The more using will increase troubling situations. Keep rules simple and available! 3/21/2017 G15 4-3 egistration of users. 3/21/2017 G16 4-3 Phone app 3/21/2017 G21 4-3 More signage 3/21/2017 G22 4-3 Install dog waste receptacles at trail heads, parking areas and picnic and group gathering areas. 3/21/2017 F1 4-3 Interactive maps for the community with mileage, parking, addresses etc. 3/30/2017 F2 4-3 Help us save the Shen Life Woodlands! 3/30/2017 2/27/2018 Appendix C - 28 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges F3 4-3 Gorgeous amenity! Great for quality of life! 3/30/2017 F5 4-3 Thanks for all volunteers and paid folks work! 3/30/2017 F11 4-3 Thank you! 3/30/2017 F12 4-3 Thank you for your well done presentation tonight! 3/30/2017 I'm glad there is a project underway to replace the mile markers along the Roanoke River Greenway (an Eagle Scout project, I believe?). Is there any way possible to add the mile markers to the interactive map on the site? It's a nice map as it is, but the mile markers (or at least a few of them to let you see disance start to finish of a section, for E1 4-3 example) would make it even better. 4/3/2017 If the map can be enhanced, it also might be nice to add symbols for restrooms (either permanent or porta-potties, doesn't really matter) and water fountains. Those new blue fountains the city just installed are NICE! A place to fill your water bottle, that made my day when I E2 4-3 discovered that. 1 4/3/2017 2/27/2018 Appendix C - 29 Public Input from Individuals via Comment Sheets and Email Other Comments Appendix C - 30 Station #4 Question 3 Other Comments? Comment Question Response Date More cooperation between localities. Dedicated funding, such as G1 4-3 sponsorships. Consider solar lighting along the trail. 3/21/2017 We in Faiview and Orchard Lake appreciate you hearing our concerns. Our hopes now is that futue planning dos not impact our peaceful family neighborhood. Again, thank you. Feel free to call me G11 4-3 at 312-2376 or email atjmhdeeds@gmail.com 3/21/2017 Other Overall: Connectivity is essential to sustainability and viable G15 3-3 survival (economic development as impacted through accessibility) 3/21/2017 Not about specific segments, but regarding composition -- to the extent possible stick with the softest feasible surface. For instance, some city segments get such high use that a hard road -like surface is needed but I find it undesirable. Whever use allows, try to use less G22 3-3 firm surface. 3/21/2017 Why did you put in exercise equipment by Addison Middle School that F9 isn't appropriate for that age group? 3/30/2017 This is a cost expense to the county, not needed. You gave up hub to Charlotte - business have left and more leaving. We need smaller government- cut jobs. I hereby oppose the Greenway. There is the concerns for liability, security, landowners' land rights violated. The type of crimes that could happen on the greenway. Taxes paid on land you are taking lost. Roanoke is a dying town since NS left. Why a greenway? Pets, crime, crime, etc. Ask do people in Roanoke County want more gov't control. Ask Roanoke County by election to vote to allow further trails. We need smaller gov't not projects to increase govt. Do those using trails own land and have they donated any land for trails? I see at the meeting they shut up those speaking against the trails. I am a concerned landowner opposed to greenways. I am opposed for the following reasons. My concern is liability, security, eminent domain, land rights, loss of taxes on land taken, who is allowed on trails including felons, rapists, murderers, sex offenders; the cost to Roanoke Co. to maintain these trails. Stores SC2 and jobs are leaving the valley. 4/3/2017 Brooke Stephens: Tinker Creek Greenway. She lives near LaMarre Dr. Wants a greenway in her backyard to she can walk to Wiliamson Rd. and businesses. She wants bus service on Willaimson Rd. Her neighborhod is getting older and people need option of walking instead of driving. One of her neighbors went to Mountain View SC5 meeting and told her their was hope of getting a GW on LaMarre. 4/3/2017 Spring Hollow needs to be considered recreational resource like GV1 Carvins Cove 4/6/2017 GV3 Keep the trails coming 4/6/2017 Appendix C - 30 Public Input from Individuals via Comment Sheets and Email Other Comments GV6 Safety issues? Drone surveillance? 4/6/2017 (3reenways are for all generations. Senior Citizens make up a urge percentage of the population in the Roanoke Valley. "Old People" and other persons using mechanized wheeled chairs and would like to get outside. Motorized wheelchairs are permitted on Greenways. Many of them are battery operated. Some batteries only last for 15 miles. Please plan to install battery recharging outlets at strategic locations along the Greenways. Inclusiveness of ALL people is important on public projects. I look forward to hearing about where E3 1 4-2 Appendix C - 31 Appendix D public Response to Draft 2018 plan Appendix D - 1 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 B = Comment Sheet Response; O = On-line Response or Email; FC = Flip Chart Notes at April 19, 2018 Meeting ID # Topic Comments B11 Greenway network I have not read the whole plan, but I am very supportive of continuing construction of greenways & connections. The greenways are one of the valley's best assets! B14 Greenway network Safe bike lane on 460 out. More work on Reed Mt. Greenway B17 Greenway network Go ahead and build some of the easier segments in outlying areas to get people interested in a county wide network. B19 Greenway network Please connect to Green Hill Park from Roanoke River Greenway. Also, continue the section directly behind GE to Hanging Rock Trail and the other direction to the Salem Greenway. B2 Greenway network Encourage the building of as many greenways/blueways as possible to get people outdoors. Great job so far! B22 Greenway network Complete the Roanoke River Greenway soon! Get Salem moving on its sections of the RR Greenway. Make the connection along the Sewage Plant easier to navigate. Educate bikers to slow down on the greenway where there are lots of walkers. B23 Greenway network And the sooner the better! Better connectivity from the greenways to the trails -such as from Roanoke River greenway to the Mill Mtn. trails. B24 Greenway network Let's just complete the thing! B27 Greenway network The plan looks great! Focus on completing Roanoke River Greenway! Also connectivity to neighborhoods & side streets. B3 Greenway network Center lines in busy sections, ebikes on paved paths only, support tinker greenway connectivity, support greenway to greenhill park & explore park, increased tax revenue to Parks & Rec to support Greenways & trails. B30 Greenway network Complete Roanoke River section to Carvins Cove ASAP. Thanks! B31 Greenway network Not much planned for South Roanoke County. Only one trail (Back Creek/Mudlick) that is only conceptual at this point. Let's see the design and funding for SW county greenways soon! Every other portion of the valley is seeing action. B32 Greenway network Very high on greenways, bikeways & blueways. I don't know enough facts to comment. Thanks for your work. B36 Greenway network Just anxious to see it completed west to meet with the Salem portion. Landscape plantings, trees, shrubs and art work add to the overall trail experience. B38 Greenway network The overall goal is fantastic. The Greenway system is a fabulous opportunity to benefit citizens & businesses and should be marketed as such. Without the benefit of construction/maintenance costs, we cannot accurately compare the various proposals. In general, I prefer that the greenway be off-road and separate from alternate transportation modes. B38 Greenway network Reach out to neighborhood associations to include their input; once involved, they might provoke more visibility and input. Work with transportation departments to link greenways with street bike paths and sidewalks, expanding the reach of both. Include the city bus system, including expanding its service area, as bikes are welcome on the buses. Solicit businesses that might be bike friendly (offering incentives to employees for biking) as well as encouraging customers utilizing the system. In tandem (?) with Transportation, develop paths that connect citizens with their everyday tasks as well as entertainment possibilities, again utilizing city buses to augment and expand the reach of the system & would eliminate some for the "drive to the ark" crowd. B39 Greenway network I like the idea of providing more connectivity with neighborhoods very specifically, I would like to see a connector from 2nd Street over to 10th Street along Cedar Run, which is currently culverted under Coca-Cola, which is considering daylighting (?) along the north and east sides of its property- a good connector with their NW neighborhood and downtown. B40 Greenway network Use the greenway almost daily -I feel it is one of the best things the Roanoke Valley has going for it. I hope it will continue to grow and the various governments will continue to work together and support this worthwhile project. This is one of the top crown jewels in our area. Thanks to everyone for their hard work. B44 Greenway network I am a bicyclist for transportation. I will not be able to make it to the public information meeting. Please include this comments as part of the official record. Thank you. Appendix D - 2 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B44 Greenway network The Roanoke River Greenway parking lot along Bennington Road, SE needs to be physically connected with the Tinker Creek greenway by a dedicated "off-street" multi -use trail. The property behind Rossi Industries is perfect right-of-way near Underhill Road to make this possible. The County needs to act now and get it done before the land transfers to another person/corporation. B45 Greenway network I am anxiously awaiting the Daleville greenway!! You gals and guys are doing a great job!!! B46 Greenway network Hope there is a plan to link Fishburn to Wasena... much needed for all of us across Brandon and Brambleton! B47 Greenway network I just wanted to take a moment and commend all of you on the great work you've done on the new plan! I was reading through it today and it's amazing how much work everyone has done since last spring! I'm proud to have been a part of the process and I hope great things continue to come down the way for greenways in the Roanoke Valley. Like always, if there is anything I can do from afar don't hesitate to ask! B5 Greenway network Connect greenway to Parkway at Mountain View Rd, Garden City and Starkey. Finish Roanoke River Greenway to Botetourt County. FC -2 Greenway network Rails to Trails to connect to Franklin County and on to Martinsville FC -2 Greenway network Connect to Greenhill Park (Priority) FC -2 Greenway network Bike lane Loch Haven Drive 4 Plantation Exit 146 FC -2 Greenway network Need to replace segment Bennington to Golden Park with lower grade greenway FC -2 Greenway network Need parking at Peters Creek & Brandon FC -2 Greenway network 2nd to 10th Cedar Run. Coordinate with Coca Cola FC -2 Greenway network Roanoke River Greenway to Explore Park FC -2 Greenway network Need connection with Parkway at Starkey and Garden City 01 Greenway Network I think you should ensure a safe path between the Roanoke River Greenway and the Salem VA Medical Center. I think it would encourage employees an alternative way to commute as well as allowing veterans a safe way to find their way to the VAMC. Also, the section of railway that was donated to the Transportation Museum should be re -gifted to the city for a rails to trail section (from Bridge St to Franklin Rd) that could allow a high speed lane for bikers and commuters. To have a diesel locomotive cut across our green spaces is unthinkable and downright wrong. 011 Greenway Network I would like to see the mudlick creek greenway expanded ASAP. Specifically the area from Hidden Valley to Cresthill. I believe this area would be used by the many households specifically with children in the area. The off-road greenway would also provide an avenue for recreation in the area and safer passage for cyclists and runners who would prefer to not run/ bike on 221. Thank you. We love the GREENWAYS! Appendix D - 3 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments 012 Greenway Network I'd recommend reserving the term "Greenway" for paved, separated, wide paths that connect (or will connect) to the entire system. Murray Run "Greenway" and Mill Mountain "Greenway" is misleading Murray Run is single track trail and Mill Mountain is on -road, not even a bike lane. I get that it is all part of the bigger greenway plan and greenway picture. It's just super confusing to someone new to Roanoke to think you can get from Brambleton to Grandin on this "greenway" and then - surprise! it's actually a mountain bike trail and you weren't riding a mountain bike so you're walking it. A significant problem with the Mill Mountain "Greenway" is getting through Elmwood Park. It has never been clear to me how this is supposed to be done. I end up just going on Williamson Rd up to the stop light. That's fine, although it would be better if the parking lane was a bike lane especially when traffic is high volume which it often is, but the map still looks like you wind your way through the park and when I'm in the park I'm just not seeing what path I'm supposed to take. Do I go up and around the amphitheater? That's steep and awkward. Lick Run Greenway sort of serves the under- served, but it doesn't connect to those neighborhoods as much as you'd think because it's on the other side of the creek so you can only get on it at 10th & 19th (Norris). The 10th St project improves matters a lot. Something should be on 19th St to make it more clear that here is a good connection to the Lick Run Greenway and a straight shot to Valley View. I don't think 19th gets a huge amount of traffic so I'd think it would be relatively inexpensive with paint & signs. I'm glad to see the recommendation to move the on -street Underhill section of the Roanoke River Greenway to off- street. That is a huge barrier! Figure 4-17: 1 love this map that shows the progress. But I believe the latest RSTP funds are for the "red" (unfunded) sections so it is now 100% funded, in construction, or completed from Explore to Green Hill, right? Seems like we should celebrate that! Roanoke River Greenway on -street connection to 24th St & Melrose Ave: Goodwill is just 1 mile from the Roanoke River Greenway but it might be 10 miles because the only connection is through Shaffer's Crossing. Establishing a safe and pleasant path, even if it is on -street, could be accomplished with murals and narrower lanes through Shaffer's Crossing (lanes are VERY narrow through the north, oldest tunnel but then widen out and traffic speeds up as soon as the lanes widen). 012 Greenway Network Section 5.2.3, City of Roanoke's sidewalk construction program is first -come -first-served and has no prioritization for transit routes, Greenway connections, multimodal centers/districts, filling gaps or contributing to the overall network. I wish the Greenway Plan would actively recommend that the City prioritize sidewalk construction some other way than in order of requests. Maybe not for this current plan but consider debating & coming up with a consistent message regarding ebikes. It will take a lengthy debate because I know some of your members are dead set against ebikes and seem to refuse to consider any other position. Simply banning them is just not going to work. Too many people using them and it's not fair to ban them all because some people could go too fast. Not all ebikes are the same. Speed limits seems much more reasonable. So long as they are electric motors - not gas - and some people need that assist. Maybe I could get up Underhill Rd if I had an assist. 013 Greenway Network I would like to see a definition of a greenway included. The plan seems a little fluid in what a greenway is. I would like to see the plan focus on the wider paths in linear urban open spaces or corridors. I would exclude on -road bike facilities and allow them to be addressed in the regional bike plan. Natural surface (single-track) trails can be addressed through park master planning. The greenway can reference these plans. Some of the proposed greenways do not seem feasible. I would let the plan focus on what could be achieved in the next 20 years. Otherwise, the plan looks good and is thorough. 05 Greenway Network Build Murray Run Greenway from existing location up Ogden Rd. to Tanglewood Mall. 08 Greenway Network Finish Roanoke River and Tinker And Hinchee connection to Carvins Cove. B9 On Road Connections Include the Community Arboretum at VA Western in the plan/map as an extension off of the Murray Run Greenway. This should be easier option as sidewalks are included in the Colonial Ave improvement project. Appendix D - 4 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B1 Operations Use/Maint More nature & Historical interpretation signage B10 Operations Use/Maint I believe the greenway brings an excellent opportunity to support or conduct ENVIRONMENTAL EDUCATION programs. Some signage could be a low cost and high impact tool, just to use the beautiful landscape as a reminder to the community about protecting natural resources. Volunteering opportunities such as cleanups are great ways to participate and complementing those intentionally with education tools towards environmental protection/stewardship. The greenway needs recycling bins! B15 Operations Use/Maint People move here b/c of our outdoor amenities. B15 Operations Use/Maint Hold public events on the greenway. B16 Operations Use/Maint Wonderfully thorough plan! I had no idea so much work had been done & is planned. Kudos to all of you for making this happen. Huge quality of life improvement for me. And good luck with Walker Foundry- LOL! B16 Operations Use/Maint 1.) Massive behavioral based education plan for newbies on the greenway. Some way that people not familiar with safe etiquette can know #1, #2, #3 only top biggest rules. 1. stay on right. 2. No leashes across path. 3. Let people ahead of you know when you are passing. 2.) Make it wide --only in certain sections like Wasena playground bend, right before entering River House low water bridge, etc. B20 Operations Use/Maint Please continue ahead full steam! Make sure Parks & Rec receive extra funding to manage new facilities! B25 Operations Use/Maint Use it daily from downtown to Crystal Spring area and to Black Dog! B25 Operations Use/Maint Consider closing the car section from the ice house to south Roanoke tennis courts. This is the heaviest traffic on greenway-Bikers, walkers, baby carriages, fisherman. The car usage is too light to justify B28 Operations Use/Maint I just met another couple who recently chose to retire here based on outdoors trail access, weather (?) and more. I would really hope that Roanoke City Council as well as all other municipalities would continue to fully support this plan. B28 Operations Use/Maint Widening greenway paths in high traffic areas i.e. Wasena, Smith. Solar lighting. Fix busted kiosks in Salem. B29 Operations Use/Maint I am excited to see the plans and their momentum! B29 Operations Use/Maint Incorporating renewable energy options into suggestions of items requiring power (solar, wind). Where possible incorporating bmps to minimize runoff and educate users of the benefits of reduced storm water (but this is likely in the plan). Municipalities dedicating funding to the greenways. Removing Niagara Dam. Protecting Riparian areas (stream bank vegetation). B33 Operations Use/Maint In general, I prefer greenways and trails that require less maintenance because of the environmental impact of mowing & cutting. I therefore support dirt trails with low maintenance landscaping wherever possible. I'm surprised by the old average age of the old average age of the crowd at this event. Younger people certainly use the greenways, but I guess they don't come to events like this. I hope that you see their input in other ways so that their voices don't get left out. B34 Operations Use/Maint Please finish #40 (RR greenway) soonest! Thanks for doing this! There seems to be many opinions of what not to do. Priority should be that ALL sections be clear, well maintained, and safe. Some patrons (oldest) are now in maintenance mode and are mature. Perhaps the experience of other municipalities would offer some guidance as to what works best for those and possible errors to avoid. Keep up the good work! B35 Operations Use/Maint The plan(s) always seem to make good sense once I understand them. I suppose what my two issues would be (1) we need to move faster, spend more money if need be, but move faster towards completion. (2) To me it always seems to be confusing as to where are the trail heads, what is completed and what is not. It seems too difficult to tell others where to go to get them on any given section and where it ends. Appendix D - 5 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B37 Operations Use/Maint Love the idea of a birding and wildlife trail but not sure how you would do this. Having some sort of open bird sanctuary that can really showcase some of the region's native birds would be great. Also a butterfly garden would be lovely. B4 Operations Use/Maint Thank you for all the hard work, thought & vision that went into this plan. B4 Operations Use/Maint My biggest concern about the greenways are they are too crowded and sometimes dangerous b/c people are not sharing the space. Wider paths would help -maybe more communication regarding where all the trails are & parking so people do not concentrate all in over -crowded popular spots B41 Operations Use/Maint 1. Come up with a way to make part of the Roanoke River a "River Walk" with a commercial aspect, similar to River Walk in San Antonio, TX. I think it would be a great tourist draw in addition to being enjoyed by our own citizens. 2. Come up with a way to get more than just small trash picked up out of the Roanoke River. Flood waters have left unsightly logs and broken trees that could be cleared. B43 Operations Use/Maint There are a lack of recycling bins around greenways. This is a missed opportunity o improve the region's sustainability. I imagine folks who frequent greenways will be more inclined to recycle than the average person. B43 Operations Use/Maint I think it would be nice if the tennis courts in Wasena Park would be repaired. It is a great location that could attract a community of tennis players, like at Rivers Edge. Currently, the courts are in disrepair and an eyesore. If not renovated, they could be repurposed into a skate park, for example.. A renovation would attract more people to this section of the park, which currently lacks vibrancy. B48 Operations Use/Maint Recommendations for ensuring that greenways are handicapped accessible. B50 Operations Use/Maint Location of Greenway update at Berglund Center was PERFECT! The Greenway connects all neighborhoods(not those just south of the River), the region and the Commonwealth. I always think the HUB is in downtown Roanoke. BUT The civic center location allowed ownership and buyin from the localities who make up the Greenway commission. Parking: encourage localities to provide on road or trail connectors to the industrial parks and neighborhoods so parking not so much a need to build. The APBP website has examples of shared use path designs. From: People not able to attend: How can I find the plan and make comments? From past County appointed Greenway Commission member. "Why so slow a process, frustrating?" Need industries to help build Greenways. (I know you have asked Lewis Galeabout the stretch in Salem. Novazyme has been a corporate citizen. Companies support the Gallop for Greenways) Kenny Wingfield: Kenny has MS add has trouble accessing the bathrooms. Check out his comments. If no comments, I hear about this ALL the time. Other: User conflict is a topic. Separate the users. Bob Herbert included the multiuse path in the flood project to meet cost benefit ratio needed by Federal Gov. The flood was in 1985. Might need to update the design for the trunk of the Greenway. STAY RIGHT; PASS LEFT; SOUND or GREET or ANNOUNCE B51 Operations Use/Maint Most comprehensive plan that I am sure took lots of work. My concerns are still the same. Enforcing biking and speed limits and if possible separating bicyclists from pedestrians. One constantly sees terrible situations for instance a father riding bicycles with his children all in a row across the greenway riding like that in the curvy section of Roanoke Memorial. Also, that book nook stand near the hospital needs to be moved. People standing there looking at books are in grave danger of causing an accident. B53 Operations Use/Maint Roanoke is a bicyclling destination. Last week Roanoke received the Silver Designation for mountain biking. Please see the proposed route for United States Bike Route 11. The proposed route includes the Skyline Drive and portions of the Blue Ridge Parkway. B7 Operations Use/Maint The Greenways give me a better quality of life and they also make the Roanoke Valley a more attractive place to relocate. I like the way all the possible opportunities are recognized and added to future plans. You have the right priorities! Appendix D - 6 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B7 Operations Use/Maint Keep all motorized vehicles including electric off. Under current conditions in some sections kids' bikes are ok but cyclists should use the road. Maybe the greenway should be widened and delineated. I say this as a cyclist and a walker. Cyclists fail to call out and one false move could be devastating. More bike lanes would be good. A bike lane on 311 from Hanging Rock to Bradshaw and the road to the Cove is badly needed. FC -4 Operations Use/Maint Recycling bins for users FC -4 Operations Use/Maint Stop spraying pesticides on the greenway FC -4 Operations Use/Maint Plant (and keep unsprayed) edible landscape! FC -4 Operations Use/Maint E -bike on paved trails only. FC -4 Operations Use/Maint Signage for blueways & greenways on VDOT bridges that cross greenways/blueways FC -4 Operations Use/Maint Homeless on the greenway FC -4 Operations Use/Maint Bathrooms open year-round FC -4 Operations Use/Maint Connectivity to livability -so do not need to drive FC -4 Operations Use/Maint More trash cans FC -4 Operations Use/Maint No trash cans - pack it in/pack it out FC -4 Operations Use/Maint Great Job on keeping the greenways clear after storms! FC -4 Operations Use/Maint Keep user "rules' simple FC -4 Operations Use/Maint More river access points for boating FC -4 Operations Use/Maint Connection from Towers/Lakewood Park to Smith Park greenway FC -4 Operations Use/Maint Emergency Pole/station in case of emergencies FC -4 Operations Use/Maint Big and informative and easy to navigate packets for visitors and locals; ex. Bikeshare, access points for GPS, FAQs, etc FC -4 Operations Use/Maint More lighting for winter months FC -4 Operations Use/Maint Neighborhood based art projects FC -4 Operations Use/Maint Respite stops... contemplative spaces FC -4 Operations Use/Maint Additional places to touch the water 010 Operations Use/Maint stop paving, stop cutting down trees, stop scarring our land! 03 Operations Use/Maint As a daily user of Wolf Creek Greenway, my personal concern is maintaining this greenway as a natural/unpaved surface. There are too few unpaved options. The human body is not meant to walk long distances on hard surfaces. It is important that some parts of the system be accommodating to people who desire a more natural experience without having to resort to more rugged hiking trails. 04 Operations Use/Maint This plan seems to mainly talk about the expansion and nothing about the upgrades to the existing Greenways. I walk the Wolf Creek Greenway ... the bottom of the list Greenway. It could use some major improvements such as the surface which is some areas is like walking in loose sand due to the gravel too thick and huge gravel in other areas. It makes it hard to ride a bicycle, especially for a child. A lot of folks walk in the grass to avoid walking in this mess. It would be nice to have more bathrooms since in the winter the toilets are removed due to vandalism in Goode Park so that leave two and one is at Stonebridge and the other on the Vinton side. There needs to be more trash cans since once you past Goode Park there are none on the trail going towards Mountain View Road, unless you go all the way into Stonebridge Park just to throw a water bottle away. I have not seen any improvements at all to this Greenway. More needs to be done to what is already being used instead of worrying about connecting them which seems to be the top priority. B12 Tinker Creek I'm excited about #43 Tinker Creek Greenway & #36 Perimeter Trail. B13 Tinker Creek Looking forward to the Tinker Creek Greenway and hope a route can be found everyone can get behind. I love linking to Carvins Cove on the east side of Roanoke. Thanks for linking Garden City to the Roanoke River trail! B18 Tinker Creek 1 only support subarea 3. 1 object to the route from Old Hollins Rd behind Mt. View School. B18 ITinker Creek I I really like Subarea 3. Appendix D - 7 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B21 Tinker Creek Please do not have the route on Tinker Creek (sub -area 3) at all when other routes on Plantation Rd will work. B26 Tinker Creek As a resident of the Tinker Cree Area, we support the greenway running along Plantation Rd. We love the greenways. B42 Tinker Creek I support the Greenway Plan but as a homeowner whose property borders Tinker Creek, I only support option B or option C for the Tinker Creek segment. Please consider putting street names on the maps so people can follow the proposed routes better. B49 Tinker Creek Thank you for the invite to the meeting. I unfortunately was unable to attend. I have been present at the meetings regarding the Daleville greenway. B49 Tinker Creek I live in Fairview off of Glebe and Orchard Lake. My neighbors and I have been very vocal about the desire to keep the greenway out of our neighborhood and the direct perimeter of our neighborhood. I didn't want my absence or input to be misconstrued as lack of interest in the planning stages of the greenway. I am indeed in favor of physical activity. We moved to the Fairview area for privacy and the desire to get away from our neighbors. We would appreciate the respect of our privacy in design of the greenway. Other connection points are available from the town center, to the Glebe, to the other desired connections. I have been in contact regularly with Mr. Farmer and will continue to advocate for my neighborhood. We are concerned about the negative affects of the greenway and our privacy. It should not be a consequence to us. Connectivity can occur through other routes that still give the option of the use of the greenway. B52 Tinker Creek Unfortunately, due to my work schedule, I was not able to attend the Greenway Plan meeting in April 2018. Please keep me on any emails about any future Greenway planning meetings. B52 Tinker Creek I am especially very interested in any future planning about Tinker Creek Greenway concept as I am very much in favor of a future Tinker Creek Greenway. I live near LaMarre Drive and Tinker Creek runs behind my home, and I think a Greenway in this area would be great, especially any type of Greenway that might have a link along LaMarre Drive to Williamson Rd and Hollins University. Thanks for your emails and for all your work to help the greenways, which is so much appreciated. B6 Tinker Creek As a landowner in the Villages of Tinker Creek area, I support the Greenway thru Tinker Creek. I understand some areas may need to be routed differently due to the terrain/etc. but a Greenway trail would further enhance the Hollins revitalization plan. B6 Tinker Creek We look forward to be able to ride from our location up to Carvins Cove, which I believe is a great, untapped resource (and tourist attraction) that can be utilized wisely. B8 Tinker Creek I remember when we came here to the Civic Center to see/comment on a brand new idea for Roanoke: The Greenways! We've come a long way since then. I was amazed at the extent of possibilities that are underway or under study. B8 Tinker Creek I am disappointed that landowners are still preventing the Greenway from following Tinker Creek. Putting it along Plantation RD would be much less desirable b/c of traffic noise and exhaust, and b/c it's a considerable hill climb -not so good for inexperienced cyclist. I love the idea of eventually being able to travel on a greenway to Daleville. A connection btw Loch Haven Drive and Plantation Rd is a great idea! Especially now with the Plantation Rd. improvements and the walking trail up to Carvings Cove. FC -3 Tinker Creek Zagster bike station at Plantation Road parking lot for Tinker Creek Greenway FC -3 Tinker Creek How do you connect 38 to the creek safely? FC -3 Tinker Creek End of Old Manor to creek is not going to happen (Jeff Obenchain) FC -3 Tinker Creek We do not support the section along Tinker Creek from Old Hollins Rd - behind Mt. View School (Stephen Rossi) FC -3 Tinker Creek Ditto above — Beth Rossi FC -3 Tinker Creek We sure do support it! FC -3 Tinker Creek I support the greenway along Tinker Creek. (Mark Eanes) FC -3 Tinker Creek I prefer the eastern route on sub -area 5 in Daleville (James Hancock) Appendix D - 8 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments 02 Tinker Creek Let the greenway follow Plantation from Old Hollins Rd to ITT 06 Tinker Creek I live at 6918 Trevilian Rd. and am completely against the proposed subarea 3 Option A direction. My property includes part of Tinker Creek and the proposed option and my home has openings for doors and windows and am NOT happy with having people coming thru the edge of my property and the availability of them coming onto the property if the choose to cross the creek. Not looking forward to the area not being policed and many pets that are not cleaned up after. 07 Tinker Creek I live at 6918 Trevilian Road. Part of my property is next to Tinker Creek and is located in the "Subarea 3" section. I am totally against and do not support Option A due to this would put the access next to my property. I have windows located on my home facing the proposed Option A route. This is a safety and privacy risk to me and other neighbors. Brian K. Hood 09 Tinker Creek Landowners along proposed routes should have been notified about plans, in some cases years ago. Particularly those whose properties are mentioned specifically as highlights of the proposed routes. Wherever possible existing right of way corridors should be utilized, such as along low use railroad tracks, roads, and existing amenities. Properties should not be bisected by the greenways, rather the greenway should follow a path along existing property lines. The upper end of Tinker Creek in Botetourt specifically is currently a relatively pristine creek compared to the polluted mess in Roanoke County, and as such provides a home to some of Virginia's less common fauna that require clean water. Further, care should be taken to prevent the spread of invasive species currently found along the Tinker Creek corridor during construction of the greenways, if possible even commit resources for their removal so that Virginia's native flora and fauna can be on display for the greenway's users. Demonstrate good faith in pursuing the above and I could get on board and support some version of a greenway. First step: inform all potentially impacted landowners of proposed plans and include an apology that it hadn't already been done. Appendix D - 9 Appendix E Tinker Creek Greenway Conceptual plan Appendix E - 1 Tinker Creek Greenway Conceptual Plan Table of Contents I. Introduction.....................................................................................................3 II. Background...............................................................................................................4 A. Goals....................................................................................................4 B. Previous Studies...................................................................................4 C. Trail Development Status.....................................................................5 D. Project Leadership: Tinker Creek Greenway Steering Committee and Planning Process..........................................................................5 III. Resource Assessment and Route Analysis........................................................8 A. Inventory and Mapping........................................................................8 B. Challenges and Opportunities............................................................ 11 C. Tinker Creek Community Meetings Summary.....................................12 D. Greenway Segment Evaluation Process..............................................14 E. Segment Analysis Results and Greenway Design Considerations ..... 16 — Subarea 1..................................................................................... 19 — Subarea 2..................................................................................... 21 — Subarea 3..................................................................................... 23 — Subarea 4..................................................................................... 28 — Subarea 5..................................................................................... 33 IV. Implementation............................................................................................. 39 A. Public Comment from Community Meetings ....................................... 39 B. Project Phasing................................................................................... 39 C. Cost and Funding Strategy................................................................. 40 List of Figures: Figure 1. Roanoke Valley Greenway Plan, 2007............................................................... 3 Figure 2. Tinker Creek Greenway Study Area........................................................................10 Figure 3. Community Meeting Mapping Exercise Results, Roanoke County Segments .... 12 Figure 4. Community Meeting Mapping Exercise Results, Botetourt County Segments.13 Figure 5. Tinker Creek Greenway Segment Analysis Matrix ................................................ 16 Figure 6. Tinker Creek Greenway Subareas.....................................................................18 Figure 7. Gateway Crossing Area Plan, Botetourt County...............................................35 Appendix E - 2 I. Introduction From downtown Roanoke, to its headwaters in Botetourt County, Tinker Creek connects a diversity of urban, suburban, industrial, and rural landscapes. Throughout the stream valley remnants of old mills, taverns, and historic buildings can be found. The Carolina and Great Wagon Roads both traversed the creek, which spurred early commercial and industrial development along its banks. Development of the Tinker Creek Greenway could expand awareness and interpretation of these heritage resources as well as connect natural areas, parks, and other trail systems such as Carvins Cove, Read Mountain, and the Appalachian Trail. In addition, the greenway has the potential to connect seven schools, a myriad of commercial areas, and employment centers, providing residents with a way to walk or bike to work and school, and visitors with a safe, physically active way to explore the area's attractions. For several years there has been interest in developing a greenway that follows the Tinker Creek corridor, beginning with the first study completed in 1992. With the Roanoke River Greenway nearing completion, business support such as the Deschutes Brewery in Roanoke and Ballast Point Brewing Company in Botetourt, and the addition of Botetourt County to the Greenway Commission, the timing is ripe for exploring next steps. The Tinker Creek Greenway Conceptual Plan builds upon past planning efforts, assesses trail development options, and provides recommendations regarding future greenway development. Figure 1. Roanoke Valley Greenways Plan, 2007 f Existing m Priority #I ix -z Priority #2 L j �F , a Tinker Creek r Greenway J. t• 7Y Bxd'ma Cac+tx }r E ♦ *f Cour:y M1fon1,ti > Caur.y w• L _�,� 1 r dft Appendix E - 3 II. Background A. Goals The goals of the Tinker Creek Greenway mirror the broader regional greenway goals, specifically: — Recreation and Health: to provide access to the stream valley corridor for a multitude of trail -related activities (walking, biking, running, etc.), as well as fishing and wildlife viewing, to increase physical activity and enhance community wellness — Transportation: to increase transportation choice and reduce traffic congestion on nearby roads, through an expanded system of non -vehicular connections that link residential neighborhoods, commercial areas, employment centers, and community facilities. — Education and Interpretation: to illuminate the area's history and educate visitors about the unique ecological and heritage resources of the stream corridor — Environmental Conservation: to protect sensitive ecological areas, plant and animal species, and reduce impacts of flooding B. Previous Studies Numerous studies have been completed over the past several years to explore the idea of a greenway and trail along Tinker Creek. The following plans document the natural, historic, and cultural resources found along the stream corridor. They also highlight some of the issues and challenges to greenway development. The plans are listed below (links provided to the full documents where available): — Tinker Creek Conservation/Development Plan, 1992 — Tinker Creek Greenway Conceptual Master Plan, 2000 (Virginia Tech Landscape Architecture Class) — Tinker Creek Greenway Extension, Conceptual Layout, prepared by City of Roanoke Parks and Recreation Planning, April 18, 2016 In addition, Tinker Creek Greenway is mentioned in various state, regional and local planning documents, including: — 2013 Virginia Outdoors Plan, Chapter 10, Region 5, p.10-58 — Roanoke Valley Conceptual Greenway Plan, December 1995, p. 36-37, 41,43 — 2007 Update to the Roanoke Valley Conceptual Greenway Plan, p. 5-20,5-21 — Roanoke Valley Alleghany Regional Commission Rural Bikeway Plan, 2006 — Bikeway Plan for the Roanoke Valley Area MPO, 2012 Update — Vision 2040 Roanoke Valley Transportation Plan, September 28, 2017, p.150,154 — City of Roanoke, Comprehensive Plan Vision 2001-2020, p. 64 — Hollins Area Plan, adopted November 2008, p. 52-53 — Hollins Area Plan, Annual Update January 2010 — 2016 Gateway Crossing Area Plan, Botetourt County, November, 2016 — 2017 Parks, Recreation, Greenways, and Blueways Section of Botetourt County Comprehensive Plan Appendix E - 4 C. Trail Development Status In 2001, the City of Roanoke constructed the first 1.5 mile segment of the Tinker Creek Greenway from the Roanoke River to Wise Avenue, providing a connection between the proposed Roanoke River Greenway and Fallon Park. In 2012, a two-mile section was completed from Hollins University to Carvins Cove, built by Roanoke County, Hollins University and volunteers. The trail utilized Hollins University's land under an agreement and a donated easement across private property. A big boost to the planning effort came in 2016 when businesses at Roanoke Centre for Industry and Technology (RCIT) expressed interest in a greenway connection from RCIT to downtown. The City committed to completing the greenway segment between the Wise Avenue trailhead and Mason Mill Park. In addition, the FY17 Regional Surface Transportation Program awarded $1,220,000 for the Tinker Creek Greenway (Wise to Orange Ave), for FY 17- 19, spurring the City to start the engineering for this phase. Progress has also been made in Botetourt County. In 2012, County staff worked with engineers to develop a Daleville Greenway concept, linking the Daleville Town Center, Lord Botetourt High School, the trail system at Greenfield Center and the Tinker Creek corridor. In March 2015, Botetourt was awarded a $476,000 Transportation Alternatives Program grant for the first phase of development, and in 2016 the County joined the Greenway Commission. In December 2017, the County approved the "Parks and Recreation, Greenways and Blueways" Comprehensive Plan Chapter which included commitments to upgrade, maintain and expand trails and greenways throughout the County and continue to participate in the Roanoke Valley Greenway Commission, ensuring local planning efforts are aligned with the regional vision. D. Project Leadership: Tinker Creek Greenway Steering Committee and Planning Process In July 2015, the Executive Committee of the Roanoke Valley Greenway Commission (GC) formed the Tinker Creek Greenway Steering Committee in partnership with the Roanoke Valley - Alleghany Regional Commission (RVARC), City of Roanoke, Roanoke County, and Botetourt County. Support was provided by the National Park Service, Rivers, Trails, and Conservation Assistance Program (RTCA). The purpose of the committee was to assess greenway alignment options and gain consensus on a timeline and priorities for future greenway development. In December 2015, the first meeting was organized and the project team drafted a three - phased planning approach that included: 1) data collection, mapping, and analysis; 2) stakeholder engagement including meetings and workshops with neighborhood residents, businesses, schools, and other stakeholders in the project area; and 3) development of recommendations and completion of a conceptual greenway plan to document findings. The following tasks and roles were established: 1. Inventory and document corridor resources. (Localities, GC, and RVARC) 2. Compile GIS maps of corridor features and land ownership. (RVARC) 3. Engage stakeholders, including neighborhood residents, businesses and corporations, civic groups, universities and institutions, VDOT, locality and agency staff, schools, and others as identified. (Steering Committee) Appendix E - 5 4. Identify potential alternative alignments; evaluate constraints and opportunities for each alignment. (Steering Committee/RICA) 5. Design and host public forums to receive input on corridor options, evaluate input, and incorporate into the analysis. (Steering Committee/RICA) 6. Complete trail alternatives analysis; document and map findings and recommendations. (Steering Committee/RICA) 7. Develop a multi-year implementation plan with relative cost and funding options for greenway segments, critical milestones and phasing, and a maintenance and operations strategy. (Steering Committee/RICA) 8. Incorporate the greenway concept into the Roanoke Valley Greenway Plan (2018 revision) and present to councils and boards for adoption. (RVARC with GC and local jurisdictions) 9. Calculate preliminary engineering and cost estimates for preferred alternatives. (Future task -TBD) In the first year, a resource assessment, including inventory and GIS mapping of natural, cultural, historic, and community resources, land ownership and corridor amenities was completed with support from the RVARC. Aerial footage of the greenway corridor was also collected, utilizing a professionally licensed drone operator, and an edited video for the existing one -mile segment from Wise Avenue to the Roanoke River Greenway was developed pro bono by the contractor. Community outreach was initiated in 2016 and expanded in year two to assess interest and support of corporate/business landowners, Virginia Department of Transportation (VDOT), Hollins University, and adjacent neighborhoods. In March and April 2017, a series of six community meetings were held in conjunction with the regional Greenway Plan to receive input from citizens on route alternatives for Tinker Creek Greenway. The meeting schedule included: March 21: Greenfield Education and Training Center, Botetourt County, Daleville, VA March 27: Mountain View Elementary School, Hollins/Roanoke, VA March 30: Fishburn Elementary School, Roanoke, VA April 3: South County Library, Cave Spring/Roanoke, VA April 6: Glenvar Middle School, Roanoke County/Salem, VA April 10: Vinton War Memorial, Vinton, VA Tinker Creek options were evaluated in small group break- out discussions at the Botetourt, Mountain View, and Vinton forums. Additional information on community meeting results can be found in the 2018 Roanoke Valley Greenway Plan, Chapter 3 and Appendix C. In addition, Botetourt County held a community meeting Tinker Small Group Discussion held at the Greenfield Trainina Center. Appendix E - 6 on June 6, 2017 to discuss alignments for Daleville Greenway. Several attendees asked questions about Tinker Creek Greenway at that time. Following the community meetings the Steering Committee worked to refine route maps and analyze the feasibility of various options. A detailed analysis of the corridor was conducted by breaking the entire corridor into 48 segments with logical endpoints, and ranking the segments based on agreed upon trail evaluation criteria that included constraints, opportunities, technical feasibility, and neighborhood support. The corridor analysis was completed in 2017, showing pros/cons and the relative priority of the trail segments based on the ranking. The committee created a final set of maps, based on the findings. Refinement of the concepts and development of an implementation strategy were completed in May 2018. Appendix E - 7 III. Resource Assessment and Route Analysis A. Inventory and Mapping In 2000, Virginia Tech students completed a comprehensive resources inventory for the ten - mile section of Tinker Creek in Roanoke City and County. The inventory served as a foundation for the development of a conceptual plan that was presented to the community at two public meetings. Although the plan was not officially incorporated into locality comprehensive plans, it was utilized as a resource guide and reference by local Planning and Parks and Recreation staff. The Committee expanded and updated the Virginia Tech assessment by adding Botetourt County, and created up-to-date GIS map files for the corridor. Field work was conducted to verify map data, and drone video was compiled to provide an overview for corridor analysis, outreach, and community meetings. Overview The Virginia Tech student research documented that the Tinker Creek corridor is rich in both natural and cultural resources, although some sections have been impacted by development. Tinker Creek originates from natural springs along the hillside of Tinker Mountain, providing year-round cold temperatures favorable for trout. The presence of limestone and dolomite buffer the stream's pH level, and make Tinker classify as a limestone stream. Several animal species are listed as state and/or federal threatened or endangered. There are no endangered plant species listed. The students also identified twelve historic properties located along the corridor including: Monterey, Bell Mont, Billy's Cabin, Fellers School, Lee Fellers House, Huntington, Harshbarger House, Windmere, Grey Flora House, Nininger House, the William Fleming Gravesite, and the Totera Indian Council Ground, some of which are listed on the National Register of Historic Places. Several sites are also listed in Botetourt County, including: Nininger's Mill (also known as Tinker Mill) near Daleville; the Bowyer -Holladay House; and Greenfield, a historic plantation that includes the site of the William Preston House (destroyed by fire) and slave dwellings and cemetery. (For more information see: Virginia Landmarks Register and National Register of Historic Places) Tinker Creek Greenway Study Area Figure 2 shows the entire Tinker Creek Greenway study area from the Roanoke River to Greenfield Center in Botetourt County. The alignment shown in the 2007 Roanoke Valley Greenways Plan was used as the starting point for analysis, which showed the greenway as a line extending up the creek. The planning team looked at land use patterns, property ownership, and physical constraints on both sides of the creek to assess opportunities for future trail development. The Committee found that there is significant diversity in the landscapes that the corridor passes through, from urban core to suburban to rural areas. Although some locations offer streamside locations and terrain suitable for trail development, other sites are constrained by Appendix E - 8 limited space between the creek and roadways, railways, or residential structures. Trail constrictions are most prominent in three locations: 1. There are several areas between Hollins Road (near the City boundary) and U.S. 11/Williamson Road, especially north of Mountain View Elementary School, where alternative options along roadways have been analyzed. 2. The area along U.S. 11/1-ee Highway, between Hollins and Cloverdale, where the creek travels back and forth under U.S. 11/1-ee Highway, and is constricted by highway and industrial/commercial development. An option to utilize connections on Tinker Mountain was analyzed for this area. 3. The underpass in Botetourt County where Tinker Creek travels under 1-81 is constricted by an active rail line and private property, presenting the challenge of where and how to cross under the highway. Two other options include the Hollins University pedestrian underpass and Reservoir Road. Connecting and Spur Trails: From its headwaters in Botetourt County, Tinker Creek is fed by Carvin Creek, Lick Run, and Glade Creek, offering future connections to these regional greenways, as well as several opportunities for spur trails that connect to parkland or other trail systems including: • Lick Run Greenway • Glade Creek Greenway • Carvin Creek Greenway (proposed) • Read Mountain Preserve • Carvins Cove Natural Reserve • Daleville Greenway (proposed) • Appalachian Trail • Read Mountain Greenway (proposed) These features were included in the overall analysis to evaluate opportunities for connections to areas adjacent to, but outside of, the Tinker Creek study area. Primary destinations and connection opportunities in each jurisdiction were also identified and are listed below. City of Roanoke Connection Opportunities: Roanoke River Greenway, Roanoke River, Glade Creek Greenway, Fallon Park, East Gate Park, Mason Mill Park, Monterey Golf Course, Blue Hills Golf Course, Read Mountain Preserve, Indian Village housing project, Regional Center for Animal Care and Protection, Deschutes Brewery, Roanoke Centre for Industry and Technology Roanoke County Connection Opportunities: Friendship Retirement Community, Mountain View Elementary School, Village at Tinker Creek, Hollins University, Carvin Creek Greenway, Carvins Cove Natural Reserve, Brookside Park, Hollins Park, Walrond Park, Sadler Park, Community School, Tombstone Cemetery Botetourt County Connection Opportunities: Daleville Town Center, the Glebe Retirement Community, Botetourt Center at Greenfield, Gateway Crossing Urban Development Area (UDA), Carvins Cove Natural Reserve, Appalachian Trail, Greenfield Recreation Park, Lord Botetourt High School, Greenfield Elementary School Appendix E - 9 Figure 2. Tinker Creek Greenway Study Area Appendix E - 10 Tinker Creek Corridor Map Roanoke Val ley -Alleghany Gle.infidd lad -11.1 Park REGIONAL -,sion Gne.nf.l� 171. y.$ChC21 Legend Ac[ Dal—Ile i- center 2007 Conceptual Lire ........ 2018 Alternatives ....... Design Underway � Lob Botatourl High School Built Tinker Creek Greenway Roanoke River Greenway ....... Conceptual Roanoke River Greenway Other Built Trails ------- Conceptual Connecting Greenways Existing Sidewalk Appalachian Trail Conceptual Daleville Greenway Roanoke River 31 Streams .. ...... Interstate 81 Industrial Park D -ville Town Center ale H.11- U-- Roanoke Gas Property School Parcels WVWA Property 1�c u rt. C o u n t y Public Lands Railroad 1ILL r Roanoke Railway Properties County M,,nt,inView Elementary School Monter 'El,m—,r School CIT City of L Roanoke Fallon Perk Elementary School • 0 03 06 1.2 1.8 2.4 mfl- Appendix E - 10 B. Challenges and Opportunities The Committee identified several challenges to trail development that are discussed below, including: site constraints, cost, and community support. Site Constraints/Feasibility: Past development along Tinker Creek has often left a very narrow (30-50') buffer between the creek and adjacent roads, residential properties, and developed commercial and industrial facilities. There are also constraints of steep slopes/cliffs, utilities, dams, and structures. Environmental review, permitting, and compliance with new storm water regulations involving construction near streams will need to be adhered to, and in some areas there are limited options for securing rights-of-way and/or complying with regulations to build a sustainable trail. Cost: A second challenge is identifying and securing funds to build the project. Although the region has had success in securing funds for greenway development, there is a continued need to work collaboratively across the three jurisdictions to leverage resources so that projects complement each other, rather than compete for funding. There is also a need to address long- term maintenance and operational costs. Community and Political Support: While a large majority of citizens have documented support for greenways in general, and along Tinker Creek specifically, there are areas where adjacent neighborhoods have expressed concerns about potential impacts. These concerns include privacy, safety, and security in places with limited buffer areas between homes and the potential trail location and concerns about interruption of farm operations. Addressing these issues through trail design and an alignment that is sensitive to adjacent properties will be needed in order to gain support from the community at large and subsequent support from elected leaders. There are several opportunities and benefits from development of the Tinker Creek Greenway. Multi -Modal Connections/Quality of Life: Tinker Creek Greenway has the opportunity to connect thousands of people from diverse socio-economic backgrounds in the City of Roanoke, Roanoke County and Botetourt County. For much of the corridor, citizens do not currently have a greenway in their neighborhood. Once developed, the Tinker Creek Greenway will be within a half mile, or 10 minute walk, for 24,500 residents and employees, expanding opportunities for walking and biking to work or school. Community Health and Wellness: A growing body of research published by Active Living Research and other organizations show that residents are significantly more likely to meet Center for Disease Control guidelines for physical activity if there is a trail or greenway near their home.' Carilion Clinic helped fund the Roanoke River Greenway in front of Roanoke Memorial Hospital and sponsors "doctor walks" on the greenway. This model could be expanded to Tinker Creek Greenway where businesses along the corridor could support community wellness. ' The Power of Trails for Promoting Physical Activity in Communities. Active Living Research, January 2011 Appendix E - 11 Economic Development: The Roanoke Valley Greenway Commission, Roanoke Outside, and local jurisdictions have documented the economic value of greenways and trails. For example, the City of Roanoke and Roanoke Outside co -host the annual GO Fest. In November 2016 the festival, which took place at River's Edge Sports Complex, attracted 30,000 people and generated $180,000 in retail sales in a single weekend. Greenways have been a selling point for businesses considering relocation decisions, with business leaders recognizing their value in attracting and retaining a skilled workforce. For example, in the past few years, two breweries have located to sites along the future Tinker Creek and Daleville Greenways. Finally, greenways have become the focal point for outdoor events, walks, and runs. There are now over ninety 5k races per year in the City of Roanoke alone, as well as weekly pub runs, bike rides, and other family -friendly programs. C. Tinker Creek Community Meetings Summary In spring 2017, a series of community meetings were convened, to allow local citizens the opportunity to review and provide input on greenway options. Workshop participants evaluated several trail route alternatives and were provided the opportunity to propose new alignments, while thematic challenges and opportunities were documented by staff. The diversity of perspectives can be graphically viewed in Figure 3 and Figure 4, with "green dots" representing the preferred greenway routes noted by workshop participants. Figure 3. Community Meeting Mapping Exercise Results: Roanoke County Segments Mountain View Meeting Botetourt-Greenfield Meeting rw._� Viala Ctrps .sty Y.erF rj �` SatlMr Par4 [' '!• Mullins IlnivnrsitV • � it rvn[P Y. rh • � HONIns Park - A/ k A4otlntain view Eiernentary school 7 � Read M-n Brookside Park Appendix E - 12 Citizens who attended the Mountain View session expressed concerns about aligning the trail near the creek in the Hollins area of Roanoke County, due to limited space between the creek and residences. This was a particular concern of residents in the neighborhoods near LaMarre Drive. The vast majority of workshop participants preferred that the trail be located along existing roads such as Plantation Road away from private property. Citizens at the Botetourt session, however, favored trail connections that took advantage of stream valley areas to provide a more natural setting, away from vehicular traffic. Participants were split in terms of preference but favored a route along the creek rather than along Plantation Road. Citizens at both meetings expressed an interest in a trail connection to Carvins Cove. Both meetings showed an interest in avoiding the densely developed area along Lee Highway between Hollins University and Cloverdale, and instead preferred routing the trail on the west side of 1-81. Citizens at the Botetourt meeting identified a new trail connection along the creek at the base of Tinker Mountain west of the Daleville Town Center to connect to Greenfield trails. This option was drawn in by workshop participants. Figure 4. Community Meetings Mapping Exercise Results: Botetourt County Segments Mountain View Meeting Botetourt-Greenfield Meeting �� __� xoiewrttnx.a c�ns.a Ir 7 \- lit I Appendix E - 13 D. Greenway Segment Evaluation Process The next step for the Committee was to divide the greenway corridor into 48 trail segments for further analysis, develop evaluation criteria, and apply the criteria to each of the trail segments. Evaluation Criteria: The evaluation criteria consisted of eight elements: 1. Connectivity 2. Visitor Experience/Scenic Quality 3. Destinations 4. Landownership/Right-of-way 5. Feasibility/Site Constraints and Cost 6. Community Support 7. Economic Development Potential/Financial Support 8. Mitigates or Addresses a Safety Issue Definitions: The following definitions provide a description of the element as well as point values that show how the segments were scored. 1. Connectivity. Does the trail segment connect to other trails or bike -pedestrian facilities? Will the segment provide critical continuity by closing a gap or eliminating a barrier in the regional network? 5 = Extends/connects to existing trail or bike -pedestrian facility 3 = Extends/connects to funded trail or bike -pedestrian facility 0 = No connection to existing or funded facilities 2. Visitor Experience/Scenic Quality. What is the quality of the corridor and landscapes the trail traverses? Are there natural areas, historic sites, scenic vistas or other resources that provide for an exceptional user experience? Are there assets or attractions that can be interpreted? 10 = High visual quality / visitor experience (shaded corridor along stream, etc.) 5 = Mix of landscapes, some high quality, some low 0 = Low visual quality (along busy roadway, industrial land use, etc.) 3. Destinations. Does the trail connect destinations for commuters and recreational users, (i.e. schools, employment centers, community facilities, parks, commercial areas)? 5 = Direct access to multiple destinations 3 = Proximity/indirect access to some destinations 0 = No access to job sites, schools, commercial centers, etc. 4. Landownership/Right-of-way. Will the trail segment be located in existing public right- of-way or will easements or fee simple purchase be needed from private land owner(s)? 10 = 100% in public ownership or secured through easement 5 = Part of right-of-way is secured; part is not 1= Some support from landowners; easement under negotiation 0 = 100% privately owned; entire segment needs negotiation with property owner(s) Appendix E - 14 S. Feasibility/Site Constraints and Costs. Are there technical and physical barriers to trail completion? Rivers/streams to cross? Highways or rail lines to traverse? Environmentally sensitive areas? Wetlands? Steep slopes? How costly is construction, i.e. board -walking, bridges, or other infrastructure improvements? 5 = Limited or no barriers to development; limited environmental impacts 3 = Some barriers that could be addressed but solutions may be costly 0 = Numerous and high cost constraints, i.e. railroad crossing; environmental issues 6. Community Support. Do adjacent neighborhoods and the community at -large support this trail segment? What has the response been from the meetings, comment sheets, surveys or direct communication to staff? 5 = Community supports (i.e. lots of green dots on preference maps) 3 = Mixed review by community; no consensus on route 0 = Community opposition (i.e. negative survey responses, forum comments, notes on map) 7. Economic Development Potential/Financial Support. Does the segment provide an opportunity for economic development, business investment, private -public partnerships? Is a business or other funder providing financial support for trail development? 5 = High economic potential, business providing financial support 3 = Moderate opportunity for future economic development 1= Low economic development potential 8. Mitigates or Addresses Current Safety Issue. Does the segment address a current bike - pedestrian safety issue? 5 = Yes, addresses current safety concern (i.e. provides separate facility to move pedestrians and/or cyclists off the roadway, improves intersection safety, etc.) 0 = No, does not address a current bike -pedestrian safety issue Cumulative score: Range 0-50 Sample Ranking Form Tota I Appendix E - 15 (poor) Range (great) Score Connectivity 0 1 2 3 4 5 Visitor Experience/Scenic Quality 0 2 4 6 8 10 Destinations 0 1 2 3 4 5 Land Ownership/Right-of-way 0 2 4 6 8 10 Feasibility/Site Constraints, Cost 0 1 2 3 4 5 Community Support 0 1 2 3 4 5 Economic Development Potential/Financial Support 0 1 2 3 4 5 Mitigates Safety Issue 0 = no 5 = yes Tota I Appendix E - 15 E. Segment Analysis Results and Greenway Design Considerations The trail segment scores on the eight criteria were developed by staff from that locality. Those scores were compiled into a spreadsheet showing how each segment scored for each individual criteria, as well as a cumulative score (see Figure 5). Figure S. Tinker Creek Greenway Segment Analysis Matrix Ranking Categories xK VI i+ a O Gj 'L W a+ 0 a 'O of GJ O f6 +' a+ O LL 0 7 O E a N U �' Gj W d +' .� Q E f0 1 Existing section -Tinker Creek Greenway Roanoke City 2 Segment not scored; in design phase Roanoke City 3 3 7 4 5 3 4 3 2 31 Roanoke City 4 0 5 3 1 2 3 2 2 19 Roanoke City 5 0 5 3 1 3 3 1 5 21 Roanoke City 6 4 10 3 2 1 2 3 0 25 Roanoke Co. 7 0 10 1 0 1 3 0 0 15 Roanoke Co. 8 5 4 3 6 2 3 1 5 29 Roanoke Co. 9 0 0 3 10 3 5 1 5 27 Roanoke Co. 10 0 6 0 0 1 2 2 0 11 Roanoke Co. 11 0 6 4 0 1 2 1 0 14 Roanoke Co. 12 4 4 2 4 2 0 0 0 16 Roanoke Co. 13 0 4 2 0 2 0 0 0 8 Roanoke Co. 14 0 2 0 0 0 0 0 0 2 Roanoke Co. 15 Existing sidewalk Roanoke Co. 16 5 10 4 0 0 5 3 0 27 Roanoke Co. 17 4 4 5 8 4 2 3 5 35 Roanoke Co. 18 0 6 1 2 3 2 2 0 16 Botetourt Co. 19 0 2 4 4 3 3 4 5 25 Botetourt Co. 20 0 2 4 4 3 3 4 5 25 Botetourt Co. 21 0 8 0 6 3 5 4 0 26 Botetourt Co. 22 0 10 5 4 3 5 5 5 37 Botetourt Co. 23 0 10 5 4 3 5 5 5 37 Botetourt Co. 24 0 10 5 4 3 5 5 5 37 Botetourt Co. 25 0 6 0 2 3 2 1 0 14 Botetourt Co. 26 0 2 4 4 3 3 4 5 25 Botetourt Co. 27 0 2 1 2 1 3 1 1 0 0 9 Botetourt Co. 28 5 8 3 2 2 4 2 0 26 Botetourt Co. 29 0 2 4 4 3 3 4 5 25 Botetourt Co. 30 Existing section -Tinker Creek Greenway Ro/Bot 31 5 0 5 102 5 3 5 35 Roanoke Co. 32 5 0 3 10 3 5 1 5 32 Roanoke Co. Appendix E - 16 Figure 5. Tinker Creek Greenway Segment Analysis Matrix (continued) The segments were then grouped into five subareas and evaluated further for greenway potential (see Figure 6). The five subareas are as follows: 1. Wise Avenue to Mason Mill Park (City of Roanoke) 2. Mason Mill Park to Hollins Road at the Roanoke City/Roanoke County boundary 3. Hollins Road to U.S. 11/Williamson Road at Carvin Creek (Roanoke County) 4. U.S. 11/Williamson Road at Carvin Creek (Roanoke County) to 1-81/Tinker Creek Overpass (Botetourt County) 5. 1-81/Tinker Creek overpass to Daleville Greenway and/or Greenfield (Botetourt County) Both Tinker Creek stream corridor and road right-of-way alternatives were considered. Lick Run Greenway, example of off-road option Garden City Trail, example of on -road option Appendix E - 17 Ranking Categories U 41 N � Gl (n ,+-!' i+ y 4J O y .L > a W C a+ 0 a 'O of M d J O i. ate+ f6 +' a+ O f0 C V LL ate+ 7 O E a E 7 O N U U 0 �' y V W a +' .� N Q H E f0 H 33 0 10 3 0 3 3 3 5 27 Roanoke Co. 34 0 2 4 4 3 3 4 5 25 Botetourt Co. 36 0 2 4 4 3 3 4 5 25 Botetourt Co. 36 1 0 2 10 5 2 2 5 27 Roanoke Co. 37 5 2 5 10 2 5 4 5 38 Roanoke Co. 38 0 0 1 2 2 0 0 0 5 Roanoke Co. 40 Existing sidewalk Roanoke Co. 42 4 10 3 2 4 5 3 0 31 Roanoke Co. 43 0 10 3 0 1 0 1 0 15 Roanoke Co. 44 0 1 1 3 2 3 1 2 13 Roanoke City 45 4 9 4 4 1 2 4 1 3 1 5 35 Roanoke City 46 0 0 3 10 4 5 1 5 28 Roanoke Co. 47 4 0 5 10 3 3 3 5 33 Roanoke Co. 48 Segment added after evaluation exercise, based on public input Botetourt Co. The segments were then grouped into five subareas and evaluated further for greenway potential (see Figure 6). The five subareas are as follows: 1. Wise Avenue to Mason Mill Park (City of Roanoke) 2. Mason Mill Park to Hollins Road at the Roanoke City/Roanoke County boundary 3. Hollins Road to U.S. 11/Williamson Road at Carvin Creek (Roanoke County) 4. U.S. 11/Williamson Road at Carvin Creek (Roanoke County) to 1-81/Tinker Creek Overpass (Botetourt County) 5. 1-81/Tinker Creek overpass to Daleville Greenway and/or Greenfield (Botetourt County) Both Tinker Creek stream corridor and road right-of-way alternatives were considered. Lick Run Greenway, example of off-road option Garden City Trail, example of on -road option Appendix E - 17 Figure 6. Tinker Creek Greenway Subareas l S `y Greenfield Industri I Park Gre ne field Elemen ary Schocl r Monterey Flen- .. r � Park 0 0,375 0.75 - 1.5 Lord B tetourt Hi�hool f Bote 'o'urt barea 4 o u n t y, m co Roanoke ca N County RCIT of Roanoke nary School Tc wIn' _o Vi nton Appendix E - 18 Tinker Creek Subareas Legend Tinker Creek Alignments 2007 Conceptual Line •••••. 2018 Alternatives - Design Underway Built Tinker Creek Greenway Roanoke River Greenway • • • • Conceptual Roanoke River Greenway Other Built Trails - - - - - Conceptual Connecting Greenways Existing Sidewalk Appalachian Trail ...... Conceptual Daleville Greenway Roanoke River Streams Interstate 81 Industrial Park Daleville Town Center Roanoke Gas Property School Parcels _ WVWA property Public Lands Railroad Railway Properties Subarea 1: Wise Avenue to Mason Mill Park (City of Roanoke) Distance: 1.8 miles Trail Access: Wise Avenue/Fallon Park, Orange Avenue, 13th Street, Mason Mill Road, Mason Mill Park Alignment Alternatives Considered: One: Creek corridor New trailhead proposed: 13th Street Scoring of Segments by Evaluation Criteria (p. 14-17) Seg# I Score I Locality I Location No segments were scored for this subarea, as the engineering and design are underway. Legend s� 2007 Conceptual Line ------ 2018 Alternatives ------ Engineered Built rZ x ------ Conceptual Connecting Greenway -•••-•••- Conceptual Oaleville Greenway Existing Sidewalk �a N / Town of Vinton Subarea 1 '•, Appendix E - 19 Trail Alignment Description: Design for this section is underway. The trail will be constructed as a shared -use, paved path, separated from vehicular traffic, following the creek from the existing trailhead at Wise Avenue to Orange Avenue. At Orange Avenue, the trail will utilize a grade -separated crossing under Orange Avenue to continue upstream along 13th Street, between the creek and the road, on river left (east). A new trailhead is proposed on 13th Street across from East Gate Park. A new trail bridge will be installed to cross the creek at the intersection of 13th Street and Mason Mill Road. The trail will then travel east, parallel to Mason Mill Road, on river right. At the next creek crossing along Mason Mill Road, a modification of the existing bridge deck will be feasible to continue to keep the trail separated from vehicular traffic. The trail will continue to the Mason Mill Park trailhead where it will connect to the proposed Read Mountain Greenway, a future connection to the Roanoke Centre for Industry and Technology and Read Mountain Preserve. For additional information on the Read Mountain Greenway see the Roanoke Valley Greenway Plan, 2018 Update, Chapter 4.2.38. Appendix E - 20 Subarea 2: Mason Mill Park to Hollins Road at the Roanoke City/Roanoke County Boundary Distance: 2.5 miles Trail Access: Mason Mill Park, Old Mountain Road, Hollins Road, Columbia Road Alignment Alternatives Considered: Two: East of the creek and west of the creek Scoring of Segments by Evaluation Criteria (p. 14-17) Seg# Score Locality Location 3 31 City Along the creek, Mason Mill to Old Mountain Road west side (river right) 4 19 City Along the creek, Old Mountain Road to Columbia Street 5 21 City Along the creek, Columbia Street to Hollins Road/Roanoke County line 44 13 City Old Mountain Road to Columbia Street, west side on -road to link with abandoned rail right-of-way 45 35 City Along the creek, Mason Mill to Old Mountain Rd east side (river left) Creak G�enWdi Monterey Elementary School Subarea Legend �a 2007 Conceptual Line ------ 2018 Alternatives ------ Engineered - Built -- Conceptual Connecting Greenway - Conceptual Daleville Greenway h Existing Sidewalk A s Appendix E - 21 City Ot Roanoke Trail Alignment Descriptions: The west side route (#3, 44, 5) would follow the creek across several properties owned by the Western Virginia Water Authority and the Housing Authority. It would then follow an old railroad right -of- way through commercial properties (easement not yet secured). The trail would cross Columbia Street, at -grade, continue upstream to Hollins Road, and connect with the Roanoke County section at the American Tire property (#5). The east side alternative (#45, 4, 5) would go north from Mason Mill Park, on the east side of the creek, skirting two golf courses and private properties. At Old Mountain Road, the trail would cross under the road and continue on the east side (#4). A bridge would be needed upstream of Old Mountain Road to cross over to the west side of the creek and follow an old railroad right -of- way (easement not yet secured). The trail would cross Columbia Street, at -grade, continue upstream to Hollins Road, and connect with the Roanoke County section at the American Tire property (#5). i� Legend A,; s j + ------ Option Under Consideration .- n ------ Tnker Creek Alignments ek G� It j Built +"'—"" ------ Engineered terey Conceptual Ualeville Greenway entary School i -----• Conceptual Connecting Greenway h, Existing Sidewalk i� 1 j ` City of Roanoke ++ c 'P 1 oJei r pro; + `` 3 l - . 7 ---- Subarea 2 1 �� East Side Route West Side Route West i� Legend A,; s Option Under Consideration .- n ------ Tinker Greek Alignments ay —Built ------Engineered _--- - Conceptual Ualeville Greenway ry School 1 f 0 ------ Conceptual Connecting Greenway h, Existing Sidewalk I� 1 e _ � C I t y oanoke 0�ror i roa i 'P T. `• 0 Subarea 2 1 �� East Side Route Planning Considerations/Public Comment: • Both options require right-of-way: golf courses, private properties, commercial properties for rail trail segment. • Detailed analysis will be required for the trail alignment at the two existing bridges located at Hollins Road and Old Mountain Road and for any new trail bridge. • Both options require an at -grade crossing at Columbia Street. Appendix E - 22 Subarea 3: Hollins Road at the Roanoke City/Roanoke County Boundary to U.S. 11/Williamson Road at Carvin Creek (Roanoke County) Distance: Approximately 3 miles. Hollins Road to Mountain View Elementary School: 1.5 miles, Mountain View Elementary School to Williamson Road: 1.4 to 1.6 miles Trail Access: Hollins Road, Mountain View Elementary School. Depending on the route, there is potential for continuous access along Plantation Road and Williamson Road. Alignment Alternatives Considered: Three: On -road, along creek, combined creek -road Scoring of Segments by Evaluation Criteria (p. 14-17) Seg# Score Locality Location 6 25 Roanoke Co. Roanoke City/Roanoke County Jurisdiction Line to Hollins Road 7 15 Roanoke Co. Along the creek, Mountain View Elementary School to LaMarre Drive (2007 plan, conceptual line) g 29 Roanoke Co. LaMarre Drive: Tinker Creek to Williamson Road 9 27 Roanoke Co. Plantation Road: Old Manor Drive to Hedgelawn Avenue 10 11 Roanoke Co. Tinker Creek crossing east alternate, north of Ardagh property 11 14 Roanoke Co. Tinker Creek crossing to southern edge of Flora Farm Road, Mountain View Elementary School connection 12 16 Roanoke Co. Flora Farm Road through the Village at Tinker Creek 13 8 Roanoke Co. Village at Tinker Creek to Plantation Road 14 2 Roanoke Co. Village at Tinker Creek to Tinker Creek 15 -- Roanoke Co. U.S. 11/Williamson Road, existing sidewalk, south side between Plantation Road and Hollins Court Drive(Existing sidewalks not scored 16 27 Roanoke Co. Along the creek from Williamson Road to the 1-81/Tinker Creek Greenway Trail head 17 35 Roanoke Co. U.S. 11/Williamson Road from Campus Drive through Sadler Park to Roanoke/Botetourt County Line 31 35 Roanoke Co. Plantation Road west side: Carvin Creek to existing Vista Ave sidewalk 32 32 Roanoke Co. Plantation Road west side: from Santee Road to Old Manor Drive 33 27 Roanoke Co. Carvin Creek Greenway spur, between Cosmetic Essence Innovations (CEI) and Big Lick Driving Range to Plantation Road 36 27 Roanoke Co. U.S. 11/Williamson Road from near Sadler Park to Botetourt County 37 38 Roanoke Co. Plantation Road: Hedgelawn Avenue to existing CVS sidewalk 38 5 Roanoke Co. Old Manor Drive: Plantation Road to Tinker Creek 40 -- Roanoke Co. U.S. 11/Williamson Road, existing sidewalk, north side between Plantation Road and Marson Road (Existing sidewalks not scored) 42 31 Roanoke Co. Hollins Road to northern edge of Ardagh property 43 15 Roanoke Co. Northern edge of Ardagh property to segment 11 (Tinker Creek crossing to Flora Farm Road) 46 28 Roanoke Co. East side of Plantation Road: Vista Avenue to Old Manor Drive (other side of Plantation Road from #32) 47 33 Roanoke Co. Hollins Road: the Tinker Creek bridge to Plantation Road Appendix E - 23 Legend 2007 Conceptual Line --- —Engine-- Alternatives - Engineered Built Jam- -- Conceptual Connecting Greenway Conceptual Daleville Greenway I Existing Sidewalk ♦ f '.1 ♦ i ♦♦ R o ... : r 7�! C ►+.9 MountainlView % Elementary. School 38 i LO C� J is I % "�� S i 33 cr Monterey ••`♦♦♦ Subarea 3 Elementary Schocllk Subarea 3 provided many alignment options. After evaluating all and listening to the community, staff combined segments into three trail alignment alternatives, described on following pages. Road corridor: Roanoke City/Roanoke County boundary to Hollins Road to Plantation Road to Williamson Road. Combined stream -road route: Roanoke City/Roanoke County boundary along the stream corridor to Mountain View Elementary School connecting to Plantation Road to Williamson Road. Creek corridor: Roanoke City/Roanoke County boundary to Williamson Road along Tinker Creek and Carvin Creek. Appendix E - 24 Subarea 3: Road Corridor Option Route Description: From the Roanoke City/Roanoke County boundary, the trail would continue on Hollins Road to Plantation Road, and then along the Plantation Road right- of -way (segments #31, 32, 46, 9 and 37) north to Williamson Road. From there the trail would be routed east along Williamson Road on existing sidewalk (#15) to the Hollins University entrance at Campus Drive. Planning Considerations/ Public Comment • This option received the greatest support from the residents in adjacent neighborhoods. • Plantation Road already has large right-of-way on many sections. • This route is considered the least scenic and the least connected to Tinker Creek. • Plantation Road on -road routes need to be coordinated with a future road improvement project and address safety concerns. Appendix E - 25 Legend ------ Option Under lignments ion AO u ------ Tinker Creek Alignments Tinker- D — Built ------ Engineered —^-- Conceptual Daleville Greenway -----• Conceptual Connecting Greenway f Existing Sidewalk �a Roan Cou Q0 s YY ___, Mountain View ..Elementary School ti r i; SJ 00 Monterey Elementary School LO f Subarea 3 Road Corridor Option Appendix E - 25 Subarea 3. Combined Creek -Road Option Route Description: From the Roanoke City/Roanoke County boundary, the route would continue on the east side of Tinker Creek (#6) on the commercial Ardagh property (#42) and continue north along the creek to just south of Mountain View Elementary School (#43). A bridge would be needed to cross over to the west side of Tinker Creek near the school. The route would continue uphill to the school (#11), then to Plantation Road right-of- way (#12, #13 or other public road right-of-way). The route would follow Plantation Road to U.S 11/Williamson Road to the Hollins University entrance at Campus Drive. Planning Considerations/ Public Comment • Ardagh, a manufacturing company east of the creek on Hollins Road, has indicated a willingness to have the greenway on its property. • Easements need to be secured for most of the stream alignment section. • A bridge over the creek near Mountain View Elementary School will be an expensive component of the project. • Plantation Road on -road route needs to be coordinated with a future road improvement project and address safety concerns. �.� Legend - Option Under Consideration ---- ---- -Tinker Creek Align ments -Built -- Engineered �`/ -^-- - Conceptual Da leville Greenway `% _ -• Conceptual tConnecting Greenway Exi stin Sidewalk f R ' C Mount lew Elementary School co 0 % Monterey y Elementary Scher Combined Creek -Road Subarea 3 h Option 1 Appendix E - 26 Subarea 3. Creek Corridor Option Route Description: From Hollins Road, the route (#6 and 42) would continue on the east side of Tinker Creek from the Ardagh property (easement not yet secured) and north along the creek (#43) to Mountain View Elementary School. A bridge would be needed to cross over to the west side and on to the school property. The trail would continue upstream (#7) on the west side of the creek to LaMarre Drive where it would continue on - road (#8) to connect to Williamson Road across from the Hollins University entrance. Planning Considerations/ Public Comment: • Multiple property owners located along the creek do not support this option. • In several areas there is limited space between the creek and residential structures. • This route would be the most scenic and would provide opportunities for historical interpretation. • Easements need to be secured for most of the stream alignment route. • There are steep slopes along some sections of Tinker Creek. • A bridge over the creek near Mountain View Elementary School will be an expensive component of the project. Appendix E - 27 •' Legend \IV ------ Option Under Consideration , ------ Tinker Creek Alignments Built A ------ - Engineered Conceptual Clalevllle Greenway - -----• Conceptual Connecting Greenway t5!: Existing Sidewalk r R o a r � (� `-' is y Mountain View Elementary School' i �i .' �.,6' , Subarea 3 ~���•4'i Creek Corridor Monterey �� 1 Appendix E - 27 Subarea 4: U.S. 11/Williamson Road at Carvin Creek (Roanoke County) to 1-81/Tinker Creek Overpass (Botetourt County) Distance: 3.4 to 4 miles Trail Access: Lee Highway, Hollins University, Tinker Creek Trailhead, potential connection to Carvins Cove, Tinker Mountain Road Alignment Alternatives Considered: Three: On -road, combination of on and off-road, off-road around Tinker Mountain Scoring of Segments by Evaluation Criteria (p. 14-17) Seg# Score Locality Location Along Carvin Creek from Williamson Road under 1-81 to the existing I- 16 27 Roanoke Co. 81/Tinker Creek Greenway Trail head U.S. 11/Williamson Road from Campus Drive through Sadler Park to the 17 1 35 Roanoke Co. Roanoke/Botetourt County Line Roanoke/Botetourt County Line to U.S. 11/Lee Highway via Cufftown 18 16 Botetourt Co. Road and Brown Road U.S. 11/Lee Highway: from the Tinker Creek bridge near Vista Drive to 19 25 Botetourt Co. Gibson Lane 20 25 Botetourt Co. Along Tinker Creek from U.S. 11/Lee Highway to the 1-81 overpass 25 14 Botetourt Co. Private land east of 1-81: Old Mill Drive to Bryant Road to Gibson Lane Bryant Road: U.S. 11/Lee Highway to road ending at the 1-81 emergency 26 25 Botetourt Co. access Gibson Lane: U.S. 11/Lee Highway to private driveway and back to Tinker 27 9 Botetourt Co. Creek Side of Tinker Mountain: from the existing Tinker Creek Greenway to 28 26 Botetourt Co. Roanoke Gas property and Tinker Creek near the 1-81 overpass U.S. 11/Lee Highway: from the Roanoke/Botetourt County Line to the 29 25 1 Botetourt Co. Tinker Creek bridge near Vista Drive Roanoke/Botetourt Tinker Creek Greenway: existing section from 1-81 Trailhead to Carvins 30 Counties Cove (Existing trail segment was not scored) U.S. 11/Williamson Road from near Sadler Park on U.S. 11 to the 36 27Roanoke Co. Roanoke/Botetourt County Line Note: An alignment along the creek was initially considered between LaMarre Drive and Gibson Lane, but after further study, it was found to be severely limited due to existing development. From LaMarre Drive to the Summer View Drive/U.S. Route 11 intersection, the creek is constricted by residential developments with limited space between the creek and structures. From Summer View Drive to Gibson Lane, the creek crosses under U.S. Route 11 three times and is constricted by the highway and commercial/industrial development. Appendix E - 28 Subarea 4 is bisected by 1-81, which restricts the development of options. Currently, there are three locations where it is possible to cross under the interstate: one at Hollins University, one on Reservoir Road and one at Tinker Creek. After evaluating the options, staff combined segments into three trail alignment alternatives, described on the following pages. Road corridor: U.S.11/Lee Highway corridor from Hollins University to Cloverdale and 1-81 underpass at Tinker Creek. Combined stream -road route: Use U.S. 11 Lee Highway corridor but route off the highway where feasible between Williamson Road at Hollins University and the 1-81 underpass at Tinker Creek. Off-road corridor: Tinker Mountain option. Cross under 1-81 at Hollins University and continue on the northwest side of 1-81, off-road, around the base of the mountain to the Tinker Creek underpass. These options are described in more detail on the following pages. Appendix E - 29 N 201 o � , I' 1 � i Ii ti r ♦% � ♦ � 1 rrrlj rw�� ♦,����,` rrrrj y�'����j Ij ,Ie�, Ir' % �\ !� � • I h 1 rr i r�r Ij I��r !� jI I ,yq� ;gI \ Ili s Hollins University �i�•, Legend I 2007 Conceptual Line \\ ------ 2018 Alternatives Iril -- Engineered Built ------ Conceptual Connecting Greenway rr � I Conceptual Daleville Greenway Subarea 4 �5 I. Existing Sidewalk Subarea 4 is bisected by 1-81, which restricts the development of options. Currently, there are three locations where it is possible to cross under the interstate: one at Hollins University, one on Reservoir Road and one at Tinker Creek. After evaluating the options, staff combined segments into three trail alignment alternatives, described on the following pages. Road corridor: U.S.11/Lee Highway corridor from Hollins University to Cloverdale and 1-81 underpass at Tinker Creek. Combined stream -road route: Use U.S. 11 Lee Highway corridor but route off the highway where feasible between Williamson Road at Hollins University and the 1-81 underpass at Tinker Creek. Off-road corridor: Tinker Mountain option. Cross under 1-81 at Hollins University and continue on the northwest side of 1-81, off-road, around the base of the mountain to the Tinker Creek underpass. These options are described in more detail on the following pages. Appendix E - 29 Subarea 4. U.S.11/Lee Highway On -Road Option Route Description: The trail would be routed along Lee Highway from Hollins University to Gibson Lane (#17, #36, #29, #19), and then on Gibson Lane or along Tinker Creek to the 1-81 overpass (#27 or #20). There is limited space and private property at the 1-81 overpass. Legend ------ Option Under Conssderation J ciQ------Tnker Creek Alignments % — Built ;O 5 \�{___ ` -Engineered — - � i — Conceptual Oalevllle Greenway V -----• Conceptual Connecting Greenway Existing Sidewalk J ria rr rrrr rr To rr' ri Hollins University 36 rr \ i Subarea 4 15 On -Road Option Planning Considerations/Public Comment: • The crossing of 1-81 presents a significant physical barrier. Tinker Creek's passage under 1-81 is constricted by an active rail line and private property on both sides. • Right-of-way would need to be secured from VDOT and/or private property owners along Lee Highway. • Trail design options will require coordination with VDOT and will need to address safety concerns. • The Lee Highway option is the most direct, and desirable for commuters, but land use and vehicular traffic make it less desirable aesthetically and less desirable for recreation. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 30 Subarea 4. U.S.11/Lee Highway On -Road and Off -Road Option Route Description: The trail would be routed along Lee Highway in front of Hollins University (#17) but then off-road at the campus southeast border to Sadler Park, and along Emerald Lane to Reservoir Road. The route would continue onto low volume back roads including Old Mill Drive, Brown Road, Cufftown Road, and Bryant Road (#18, #25, #27) connecting to Gibson Lane. There are significant sections where the trail would be routed across private property to connect road segments. At Gibson Lane, the trail would be routed to the 1-81 overpass (#20). Legend - - - - -- Option Under Consideration , �p ------ Tinker Creek Alignments 5 Built - - Engineered !f - Conceptual Daleville Greenway -----• Conceptual Connecting Greenway N I Existing Sidewalk 117 1 !! � f1 t 026��.�� ia-„a 25 ti i Hollins University r�! as �� On -Road and Subarea '7 �`� ! Off -Road Option tk Planning Considerations/Public Comment: • The crossing of 1-81 presents a significant physical barrier. Tinker Creek's passage under 1-81 is constricted by an active rail line and private property on both sides. • Right-of-way would need to be secured from numerous private property owners. • Highway segments will require coordination with VDOT and will need to address safety concerns. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 31 Subarea 4. Tinker Mountain Off -Road Option Route Description: From Lee Highway the trail would be routed along Carvin Creek on Hollins University or adjacent private property, and under 1-81 utilizing the existing tunnel and section of the Tinker Creek Greenway (#16, #30). Mid -way up the mountain the trail would be routed on a contour around the southeast side of Tinker Mountain (#28) connecting back to the creek near Tinker Mountain Road. Easements would be needed from Hollins University, utilities, and several private property owners. i cy i J."vo \ y Hollins University 1 � Subarea 4 5 Legend ------ Option Under Consideration ------ Tinker Creek Alignments Built ------ Engineered —^-- Conceptual Oaleville Greenway -----• Conceptual Connecting Greenway \ Existing Sidewalk Mountain Option Planning Considerations/Public Comment: • 1-81 presents a significant physical barrier. This option could utilize the existing access under the interstate near the Tinker Creek trailhead off Plantation Road. • Right-of-way would need to be secured from Hollins University, Appalachian Power, Roanoke Gas, and individual private propertyowners. • Future trail development should consider completion of Segment #16, in order to provide an improved connection to Carvins Cove, regardless of which Tinker Creek Greenway option is selected. If Tinker Creek Greenway alignment takes an alternative route, #16 and #30 could become part of Carvin Creek Greenway. • Trail design for the Tinker Mountain route option would need to address steep slopes and might require construction as a natural surface trail. • The Tinker Mountain route could provide an exceptional recreational experience, but would be less useful than other options as a commuter route. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 32 Subarea 5: 1-81/Tinker Creek Overpass to Daleville Greenway and/or Greenfield (Botetourt County) Distance: 2.0 — 2.4 miles Trail Access: Lord Botetourt High School, Daleville Town Center, other sites to be determined Alignment Alternatives Considered: Three: On -road along US 220, along Tinker Creek to Daleville Greenway at Rt. 779, along Tinker Creek to Greenfield Elementary School, with some on -road sections Scoring of Segments by Evaluation Criteria (p. 14-17) Seg# Score Locality Location 21 26 Botetourt Co. Along the creek from the 1-81 overpass to Tinker Mountain Road 22 37 Botetourt Co. Tinker Mountain Road past Lord Botetourt High School to Azalea Road 23 37 Botetourt Co. Daleville Greenway: Azalea Road to Catawba Road connection to Daleville Town Center 34 25 Botetourt Co. Along Tinker Mountain Road and U.S. 220/Roanoke Road to connect back with Tinker Creek near College Drive 48 - Botetourt Co. Along Tinker Creek from Tinker Mill Road to Etzler Road (connects to Greenfield Elementary School and Greenfield Recreation Park) Legend 2007 Conceptual Line ------ 2010 Alternatives ------ Engineered - Built ------ Conceptual Connecting Greenway _..._..._ Conceptual Daleville Greenway Existing Sidewalk Appendix E - 33 Greenfield Industrial Park Ie `-"`•' Greenfield Elementary r r' R r 1, Daleville 1\ Town Center c �c L)rd BOtetoort rU `Creek High School .y {W r A r 1 r i r r r r Roanoke Gases SLlb3Tec�,S Property mo i Appendix E - 33 Botetourt County developed the Gateway Crossing Area Plan in 2016. This Urban Development Area (UDA) Plan includes the following recommendations, which were considered when developing alternatives for Subarea 5:1 • Development of a system of shared use paths that connect new development in Gateway Crossing to Daleville Town Center • Improvements along U.S. 220 consisting of a landscaped buffer between the travel lane and sidewalk, street trees for shade, and a wide shoulder or bicycle lane for bicyclists. • Development of a bicycle and pedestrian path along Tinker Creek under Interstate 81 to connect the west and east sides of the district. • The plan also identifies opportunities for bicycle and pedestrian amenities on the eastern side of Gateway Crossing that would connect to Tinker Creek. • A potential new public park and trailhead for the AT, along the proposed extension of Commons Parkway. • Safety improvements for the AT crossing of U.S. 220, which could include a pedestrian- activated signal, a pedestrian safety island in the U.S. 220 median, or a bridge over the highway. 1 Gateway Crossing Area Plan, Final, prepared by Renaissance Planning, on behalf of Botetourt County, Virginia, November 2016 Appendix E - 34 Figure 7. Gateway Crossing Area Plan, Botetourt County N MILES 0 .25 .5 1 LEGEND •••• Proposed Gateway Crossing Urban Development Area Parcels 'r— Approx. location of Overhead Power Lines P+R Potential Park & Ride Lot NATURAL FEATURES — Water Floodplain Steep Slopes (>25%J PROPOSED FUTURE LAUD USE Mixed Use Residential Mixed Use Neighborhood Commercial Mixed Use Highway Commercial Industrial / Flex NotionoI Forest/ Appalachian Trail R.O.W. Open / Park Space Civic Overlay (Potential Community Park w Trailheod, focused on A.T.) Appendix E - 35 ROADWAY$/TRAILS — Existing Roadway Existing Roadwayw/ Proposed Streetscape Improvements G Sidewalks ----- Roadway Under Construction Potential Collector Street ........... Potential Local Street Existing Appalachian Trail - Potential Shored Use Paths Potential Long -Term Path Connection INTERSECTIONS Existing Signalized Intersection Potential Signalized Intersection Future Roundabout r Potential Right -In, Right -Out mill, Potential Improved A.T. Crossing Subarea S. U.S. 220/Roanoke Road corridor to Daleville Greenway Route Description: From the 1-81 overpass, the trail would extend north along Tinker Mountain Road to U.S. 220/Roanoke Road, where it would continue north in the road right-of-way to a point near the intersection of College Drive. The route would then connect back to Tinker Creek just downstream of Tinker Mill Road and the Lord Botetourt High School ball fields. There the route would connect to Daleville Greenway, which will go north across Azalea Drive to Catawba Road and connect with the Daleville Town Center. Greenfield Industrial Park i 1 Greenfield �.,�••.� Elementary School'„ ` I� I �Daleville Town Center / ♦voc 1✓ la �U A 1 (V LordBotetourt U� Creek High School Legend 1' ------ Option Under Consderation � ; - ------ Tinker Creek Alignments ♦. ` - Built ; ------ Engineered ------- Conceptual Doleville Greenway �1 -----• Conceptual Connecting Greenway ti 1 Existing Sidewalk { A 11 I 1 1 I _-I Roanoke Gast Property �� Subarea 5 Road Option Planning Considerations/Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • The U.S. 220 highway corridor provides the most direct link to commercial services. • Trail design will need to be coordinated with VDOT and take into account safety concerns. • Right-of-way may need to be secured from private property owners. Appendix E - 36 Subarea S. Tinker Creek Corridor to Daleville Greenway Route Description: From the 1-81 overpass, the trail would extend north along the creek from Tinker Mountain Road, cross over Tinker Mill Road and connect to the Daleville Greenway near the Lord Botetourt High School ball fields. Greenfield Industrial Park If c` Greenfield•., Elementary School r Daleville Town Center Vo �o �v �A 1 ►�la� ti� Lord Botetourt Creek High School Legend } ------ Option Un der Cc nsderation ------ Tinker Creek Alignments — B.ilt ------ Engineered -^- - Conceptual Call Greenway ---• Conceptual Connecting Greenway � F Existing Sidewalk j♦ 4 I N Roanoke Gas[�j Tinker Creek to Subarea 5 Property ; Daleville Greenway PlanningConsiderations/Public Comment/Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • Stream corridor options provide a more aesthetic setting than the U.S. 220 on -road corridor. • Right-of-way will need to be secured from several private properties. • This route provides a direct connection to Daleville Town Center. • Several property owners have expressed concern over routing of the trail near their property. Mitigation of impacts should be evaluated during trail design. • The Appalachian Trail crosses this segment and a trail crossing will require coordination with the National Park Service and Appalachian Trail Conservancy. Appendix E - 37 Subarea S. Tinker Creek Corridor to Greenfield Route Description: From the 1-81 overpass, the trail would extend north along Tinker Creek approximately 2 miles, and then overland to the intersection of Catawba Road and Etzler Road. The route would then continue along Etzler Road to connect to Greenfield Elementary School, Greenfield Recreation Park and Botetourt Center trails. Route 49 was added based on public input; it was not ranked by staff against the evaluation criteria. Greenfield Industrial Park 1 � 1 Greenfield Elementary School ♦ YY ►�\ jDaleville Town-Cent., i�pc �1 ♦ �t ti/ � Lord Botetou rt � �r Creek ; High School 1 Legend`` --- Cptw Under CGn9deramn ----- Tinker Creek Alignments --_ Engineered —^—•••— Cencepttul Oak:Wlle Greenway --' Conceptual comectirg Greenway 1{` EoSem Sid—k 1. l 1 1 1 f f �+ � N Roanoke Ga Tinker Creek Subarea 5 Property to Greenfield ]_ w♦ Planning Considerations/Public Comment • This option extends the greenway all the way to Greenfield with most of the alignment off road. • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • The stream corridor option provides a more aesthetic setting than the U.S. 220 highway corridor. • Several property owners have expressed concerns about routing the trail near their property or through their farms. • The Appalachian Trail crosses this segment, and a trail crossing will require coordination with the National Park Service and Appalachian Trail Conservancy. • Design of the on -road sections and crossing of Rt. 779 will need to be coordinated with VDOT and take into account safety concerns. Appendix E - 38 IV. Implementation Development of the Tinker Creek Greenway will not occur immediately but will evolve over time as funding and right-of-way easements are secured. As with previous segments, local jurisdiction staff will be following a multi -step trail development process. Primary steps include: — Establish funding mechanism for acquisition, design, and construction. — Establish an outreach plan for keeping the public informed of progress. — Secure approval of trail right- of -way from property owner(s) through land acquisition, purchase of easements, etc. — Develop design and construction documents. — Complete environmental review and permitting. — Build trail segment and trailhead facilities. — Develop management program (maintenance and operations). — Develop and install signage. — Revise marketing literature, maps, on-line guides. A. Public Comment from Community Meetings Approximately 100 citizens provided comments on the proposed Tinker Creek Greenway Plan at the various community meetings and forums. The majority of citizens supported a greenway and trail connection that linked the Roanoke River and downtown Roanoke to the Daleville Greenway and Greenfield. Other popular sites for connections included Carvins Cove, Read Mountain, community facilities, schools, and employment areas in the corridor. Some concerns were expressed by residents where the stream corridor was narrow and there was limited space between the creek and residences. This was a particular concern of residents in the neighborhoods near LaMarre Drive, where residents favored an alignment on Plantation Road away from private property. Several other residents in Botetourt County also expressed concerns about routing the trail near their property. These concerns will need to be addressed in the future as more detailed trail planning occurs. B. Project Phasing Each jurisdiction (City of Roanoke, Roanoke County, and Botetourt County) will advance their greenway segments while coordinating with adjacent jurisdictions to realize economies of scale when possible. Short -Term, 1-5 years — Roanoke City: from Fallon Park to Mason Mill Park — Botetourt County: Daleville Greenway Mid -Term, 5-10 years — Roanoke County: from U.S. 11/Williamson Road to the Botetourt County line — Botetourt County: from 1-81/Tinker Mountain Road to Daleville Greenway Appendix E - 39 Long -Term, 10-20 years — Roanoke City: from Mason Mill Park to Roanoke County line — Roanoke County: from Roanoke City line to U.S. 11/Williamson Road — Botetourt County: from Roanoke County line to 1-81/Tinker Mountain Road C. Cost and Funding Strategy In the past, the Roanoke Valley Greenways Commission, the Roanoke Valley MPO/TPO, and local jurisdictions have been successful in securing transportation funds for greenway development. It is envisioned that the Tinker Greenway will also utilize these funding sources as well as private donations and in-kind support where feasible. Funding secured to -date includes: 1. Botetourt County, $476,000 in Transportation Alternatives Program (TAP) funding for the Daleville Greenway portion of the project, engineering underway. Awarded March 2015. 2. Roanoke County, $217,424 in TAP funding for Williamson Road Pedestrian Improvements. Awarded June 2017. 3. City of Roanoke, $225,000 Roanoke Economic Development Authority for the trail extension from Mason Mill Park to Blue Hills Drive (Phase 2 Ext, Read Mountain Greenway) 4. City of Roanoke, $1,620,000 (UPC #110101) in Regional Surface Transportation Program (RSTP) funds were approved by the Roanoke Valley Transportation Planning Organization for the Tinker Creek Greenway, on April 27, 2017. An additional RSTP award of $1,008,413 was approved June 2018. 5. City of Roanoke, $484,413 in Transportation Alternatives funding was awarded June 2018 for Tinker Creek Greenway. 6. Town of Vinton, $417,710 in Transportation Alternatives funding for Phase II of Glade CreekGreenway, awarded June 2016. Extends Phase I, which will connect the Town to the Tinker Creek Greenway. 7. Town of Vinton, $1,446,282 in RSTP funds were approved March 22, 2018 for an on - road connection on Walnut Avenue from the Tinker Creek Greenway to Glade Creek Greenway in Vinton. (UPC# 111649). Additional information on funding can be found in the Roanoke Valley Greenways Plan, 2018 Update; Chapter 2.2.7 and Table 6-1. Appendix E - 40 Appendix p Web Sites for Referenced Documents and Organizations Appendix F - 1 Web Sites for Referenced Documents and Organizations 2018 Greenway Plan Name of Organization or Document Web Address 2007 Greenway Plan Map http://www.greenways.org/wp-contenYuploads/2018/06/2007planmap.pdf 2007 Update to the Roanoke Valley Conceptual http://greenways.orq/wp- conte nt/uploads/2018/06/2007greenwayp Ian. pdf Greenway Plan (2007 Plan) Appalachian Trail Conservancy http://www.appalachiantrail.org/ Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization http://rvarc.org/wp-contenYuploads/2013/12/RVAMPO-BikewayPlan-2012Update- web.pdf City of Roanoke, Carvins Cove https://www.playroanoke.com/parks-facilities/carvins-cove-natural-reserve Conceptual Greenway Plan, Roanoke Valley, Virginia, 1995 Plan http://greenways.orq/wp-contenYuploads/2018/06/greenwayplanl995.pdf Eagle Rock Greenway Engineering Study http://www.botetourtva.gov/documents/parks rec/102715 Eagle Rock Greenway Pr elim.pdf Explore Park http://www.explorepark.org/ Explore Park Adventure Plan https://www.roanokecountyparks.com/454/Explore-Park-Adventure-Plan Gateway Crossing Area Plan, Botetourt County http://www.botetourtva.gov/documents/planning/GatewayCrossingAreaPlan FINAL.pd Havens Wildlife Management Area, Department of https://www.dgif.virginia.gov/wma/havens/ Game and Inland Fisheries Lick Run Greenway Phase III Feasibility study https://issuu.com/roanokeparks/docs/lick run greenway phase iii feasibility studv?I avout=http%3A%2F%2Fskin.issuu.com%2Fy%2Flight%2Flayout.xml&showFlipBtn=tru Mill Mountain Park Management Plan https://issuu.com/roanokeparks/docs/miIImountain?layout=http%253A%252F%252Fsk in. issuu.com%252Fv%252FIight%252Flayout.xml&showFlipBtn=true Murray Run Greenway Extension Feasibility Study http://www.playroanoke.com/wp-contenYuploads/2017/02/Murray-Run-Feasibility- Report3.pdf National Park Service, Appalachian Trail https://www.nps.gov/state/va/index.htm Poor Mountain Preserve http://www.dcr.virginia.gov/natural-heritage/natural-area-preserves/poormt Read Mountain Preserve https://www.roanokecountyparks.com/facilities/facility/details/readmountainpreserve- Regional Pedestrian Vision Plan, A Coordinated hftp://rvarc.org/wp-contenYuploads/2014/08/REG IONAL-PE DESTR IAN -V IS ION- PLAN Approach to a Walkable Roanoke Valley 2015.pdf Roanoke Appalachian Trail Club. https://www.ratc.org Roanoke River Blueway http://www.roanokeriverbIueway.org/ Roanoke Valley Transit Vision Plan http://rvarc.orq/wp-contenYuploads/2016/09/TVP FINAL -ES 9-22-16.pdf Roanoke Valley/ Blue Ridge Parkway Trail Plan https://ParkpIanning.nps.qov/proiectHome.cfm?proiectID=10392 Rural Bikeway Plan http://rvarc.org/wp-contenYuploads/2013/12/RVARCRuralBikewayPian2006-web.pdf Upper James River Water Trail https://upperiamesriverwatertrail.com/ US Bicycle Route 76, A study of the Roanoke http://rvarc.org/wp-contenYuploads/2017/11/Virginia-Bicycle-Route-76-FInal.pdf Valley -Alleghany Region Virginia Department of Game and Inland Fisheries, Birding and Wildlife Trail https://www.dgif.virginia.gov/vbwY Virginia Department of Rail and Public Transportation's Multimodal System Design http://www.drpt.virginia.gov/planning/multimodal-quidelines/ Western Virginia Water Authority, Carvins Cove https://www.westernvawater.orq/i-am-a-/recreationalist/carvins-cove-natural-reserve Appendix F - 2 Appendix C Bibliography of Design Standards Appendix G - 1 Appendix G Bibliography of Design Standards Alta Planning + Design (2017), The Impact of Greenways in the Triangle: How the East Coast Greenway Benefits the Health and Economy of North Carolina's Research Triangle, Commissioned by the East Coast Greenway Alliance, 27p. American Association of State Highway and Transportation Officials (AASHTO) (1991), Guide for the Development of Bicycle Facilities, Washington DC, 44 p. American Association of State Highway and Transportation Officials (AASHTO) (2012 41h Edition), Guide for the Development of Bicycle Facilities, Washington DC, 7 chapters. Beckley, Bob, (2000) Accessible Loading Platform for Boaters, USDA Forest Service, Missoula, MT. Beneficial Designs Inc. (1998), The Universal Trail Assessment Process Training Guide, PAX Press, Santa Cruz, CA, 74p. Birchard, William Jr., Robert Proudman, and Michael Dawson, (2000), Appalachian Trail Design, Construction and Maintenance, Appalachian Trail Conference, Harpers Ferry, WV, 237p. Birkby, Robert (1996), Lightly on the Land: The SCA Trail -Building and Maintenance Manual, Student Conservation Corps Inc., The Mountaineers, Seattle, WA, 271 p. Bowker, J.M., John C. Bergstrom and Joshua K. Gill (2004, December), The Virginia Creeper Trail: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. Bowker, J.M., John C. Bergstrom and Joshua K. Gill (2004, December), The Waterway at New River State Park: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. Bowker, J.M., John C. Bergstrom, Joshua K. Gill and Ursula Lemanski (2004, December), The Washington & Old Dominion Trail: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. City of Raleigh, Parks, Recreation and Cultural Resources Department (2014), Capital Area Greenway Planning & Design Guide. 103p. Code of Federal Regulations, Title 36, Volume 1, Part 4, Vehicles and Traffic Safety, Sec 4.3 Bicycles, Revised as of July 1, 1998. Community Trails Handbook (1997), The Brandywine Conservancy, Inc., Chadds Ford, PA, 97p. Daly, Judi, "Sharing the Trail with Horses: Understanding Their Instincts," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, 22p. Duffy, Hugh (1991, June), Developing Sustainable Mountain Trail Corridors, National Park Service, Rivers & Trails Program, Denver, CO. Appendix G - 2 Edwards, Rich (2003 January), "A Report and Recommendations for the Blue Ridge Parkway Trails in the Roanoke Area" (2003, January), Unpublished report, International Mountain Bicycling Association, 10p. Edwards, Rich (2006), "Recommendations for Improving Sustainability and Connectivity of the Carvins Cove Trail System", Unpublished report, International Mountain Bicycling Association, 29p. Finstick, Eric, "Managing Heavily -Used Trails: Alternative Day Zoning," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, 26p. Flink, Charles, Loring Schwarz and R. Stearns (1993), Greenways: A Guide to Planning, Design, and Development, Washington DC, Island Press, 351p. Graefe, A.R, Kuss, and Vaske (1990), Visitor Impact Management: The Planning Framework, National Parks and Conservation Association, Washington DC, 106p. Groenier, James Scott, Steve Monlux, Brian Vachowski, (2008), Geosynthetics for Trails in Wet Areas, USDA Forest Service, Technology and Development Program, in cooperation with U.S. Dept. of Transportation, 0823-2813-MTDC, Missoula, MT, 26p. Hancock, Jan, Kim Jones Vander Hoek, Sunni Bradshaw, James D. Coffman, Jeffrey Engelmann, (2007), Equestrian Design Guidebook for Trails, Trailheads, and Campgrounds, USDA Forest Service, Technology and Development Program, 0723-2816-MTDC, Missoula, MT, 312p. 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United States Department of Transportation, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration (2002, August), Rails -with -Trails: Lessons Learned. FTA -MA -26-0052-04-1. United States Forest Service, Angeles National Forest, (1991, February), Trail Selection Criteria for Mountain Bike Use on Existing Forest Trails. Virginia Department of Conservation and Recreation (2000, updated 2011), The Virginia Greenways and Trails Toolbox, Commonwealth of Virginia, Richmond, VA. Virginia Department of Conservation and Recreation, Division of Planning and Recreation Resources (2013, draft update 2018), Virginia Outdoors Plan, Commonwealth of Virginia, Richmond, VA. Virginia Department of Game and Inland Fisheries, Discover Our Wild Side: Virginia Birding and Wildlife Trail, Mountain Area. 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Appendix G - 6 Appendix H 2070 Greenway plan Network Map Appendix H - 1 Legend Proposed Greenways Category 1 Roanoke River Greenway, Unbuilt Category 2 Hard Surface Greenways and Trails, Unbuilt Category 3 Greenways and Trails in Design Category 4 Conceptual Greenways and Trails Category 5 Built Greenways and Trails National Forest Trails Appalachian Trail U.S. Bicycle Route 76 QLocality Boundaries Public Lands alternative alignments for Tinker Creek and Daleville Greenways. o o.7s s 3 4.s 6M iles � 2018 Greenway Plan Network Map 13 Buchanan Eagle Rock Trail 17 25 32 - Mill Mountain Park Trails _ Back Creek Greenway 35 26 33 - Mudlick Creek Greenway 3 - Barnhardt Creek Greenway 1 - Gladetown Trail 34 - Murray Run Greenway Botetourt Birding and Wildlife Trail Sites 20 B o t e t o u r t County 35 �, ; County Blue Ridge Parkway Trails 21- Greenfield Trails 36 - Perimeter Trail 6 - Carvin Creek Greenway 22 - Hanging Rock Battlefield Trail 37 - Poor Mountain Trails 7 - Carvins Cove Trail Network 23 - Havens Wildlife Management 38 - Read Mountain Greenway 12 f� Area Trails 39 - Read Mountain Trails 9 - Catawba Greenway ♦ - Hinchee Trail L - Roanoke River Greenway C r a ig 1 25 - James River Greenway 41 County ,:" Town Park Trails 26 - Jefferson National Forest Trails 26 ��", 9 � s 27 - Lick Run Greenway 30 Spring Hollow Trails 43 43 Botetourt - Daleville Greenway* , f 1 - Long Ridge Trail 8 C o u my - Tinker Creek Greenway* 13 - Eagle Rock Greenway 29 - Mason Creek Greenway 44 - Wolf Creek Greenway 14 10 30 - Masons Cove Greenway �♦� 3 24 15 � 31 .♦'���� 39 43 36 *Please see Appendix E for more information about the 6 22 38, Y 1 27 City of 43 5 36 Salem City of 10 O 14 Roanoke 7 40 29 18 T o w n of 44 40 7 Vinton 43 �2 40) 10 10 19 44 3 34 10 31 40 41 3 70 33 34 32 40 1 15 42„ R 28 k County 16 5 41 o a n o e a'" 7. 10 2 5 36 Legend Proposed Greenways Category 1 Roanoke River Greenway, Unbuilt Category 2 Hard Surface Greenways and Trails, Unbuilt Category 3 Greenways and Trails in Design Category 4 Conceptual Greenways and Trails Category 5 Built Greenways and Trails National Forest Trails Appalachian Trail U.S. Bicycle Route 76 QLocality Boundaries Public Lands alternative alignments for Tinker Creek and Daleville Greenways. o o.7s s 3 4.s 6M iles 2018 Greenway Plan Network Map REGIONALCOM 1 -Appalachian Trail 17 - Gish Branch Greenway 32 - Mill Mountain Park Trails 2 - Back Creek Greenway 18 - Glade Creek Greenway 33 - Mudlick Creek Greenway 3 - Barnhardt Creek Greenway 19 - Gladetown Trail 34 - Murray Run Greenway 4 - Birding and Wildlife Trail Sites 20 - Green Hill Park Trails 35 - National Forest Connections 5 - Blue Ridge Parkway Trails 21- Greenfield Trails 36 - Perimeter Trail 6 - Carvin Creek Greenway 22 - Hanging Rock Battlefield Trail 37 - Poor Mountain Trails 7 - Carvins Cove Trail Network 23 - Havens Wildlife Management 38 - Read Mountain Greenway 8 - Carvins Cove Connections Area Trails 39 - Read Mountain Trails 9 - Catawba Greenway 24 - Hinchee Trail 40 - Roanoke River Greenway 10 - City, County and 25 - James River Greenway 41 - Roanoke River Greenway Town Park Trails 26 - Jefferson National Forest Trails Extensions 11 -Craig Creek Trail 27 - Lick Run Greenway 42- Spring Hollow Trails 12 - Daleville Greenway* 28 - Long Ridge Trail 43 - Tinker Creek Greenway* 13 - Eagle Rock Greenway 29 - Mason Creek Greenway 44 - Wolf Creek Greenway 14 - Elizabeth Greenway 30 - Masons Cove Greenway 15 - Explore Park Trail Network 31 - Mill Mountain Greenway 16 - Garden City Greenway *Please see Appendix E for more information about the Legend Proposed Greenways Category 1 Roanoke River Greenway, Unbuilt Category 2 Hard Surface Greenways and Trails, Unbuilt Category 3 Greenways and Trails in Design Category 4 Conceptual Greenways and Trails Category 5 Built Greenways and Trails National Forest Trails Appalachian Trail U.S. Bicycle Route 76 QLocality Boundaries Public Lands alternative alignments for Tinker Creek and Daleville Greenways. o o.7s s 3 4.s 6M iles AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 25, 2018 RESOLUTION APPROVING AND ADOPTING AN AMENDMENT TO THE ROANOKE COUNTY COMPREHENSIVE PLAN, INCORPORATING THE 2018 ROANOKE VALLEY GREENWAY PLAN WHEREAS, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan was adopted by Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton; and WHEREAS, Botetourt County became a new member of the Greenway Commission in 2016, effectively doubling the geographic area of the greenway plan's region; and; WHEREAS, the Roanoke Valley Greenway Commission determined that it was time to update the 2007 plan and sought assistance from the Roanoke Valley -Alleghany Regional Commission; and WHEREAS, a steering committee was organized with staff and citizens, six public meetings were held and an online survey was distributed to gather citizen input; and WHEREAS, the 2018 Roanoke Valley Greenway Plan recommends that the focus be placed on finishing the Roanoke River Greenway in the next five years, developing north -south hard -surfaced greenways including Tinker Creek Greenway over the next ten years, and increasing connectivity to neighborhoods and community centers; and WHEREAS, the Roanoke Valley Greenway Commission recognizes that implementation of the 2018 update will require continued cooperation among the many partners and that development of any specific greenway will require approval by the local governing body and a determination by the local governing body to allocate funding to that project; and WHEREAS, the Roanoke Valley Greenway Commission approved the 2018 Roanoke Valley Greenway Plan on June 27th, 2018, and the Roanoke County Planning Commission held Page 1 of 2 a public hearing on Tuesday, September 4, 2018, and recommends incorporating the 2018 Roanoke Valley Greenway Plan into the County's Comprehensive Plan; and WHEREAS, on September 25th, 2018, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan incorporating the 2018 Roanoke Valley Greenway Plan, after advertisement and notice as required by law; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Comprehensive Plan is hereby amended to include the 2018 Roanoke Valley Greenway Plan as recommended by the Planning Commission. 2. That this Resolution is effective from and after its adoption. Page 2 of 2