HomeMy WebLinkAbout7/13/2021 - Regular
Roanoke County
Board of Supervisors
July 13, 2021
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
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
Page 1 of 4
Roanoke County
Board of Supervisors
Agenda
July 13, 2021
Good afternoon and welcome to our meeting for July 13, 2021. 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
www.RoanokeCountyVA.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. Resolution honoring the Homeplace Restaurant after 38 years of service to
Roanoke County (Jill Loope, Director of Economic Development)
D. NEW BUSINESS
1. Resolution adopting legislative priorities for the August 2021 special session of
the Virginia General Assembly and petitioning the General Assembly to favorably
consider the topics and issues addressed herein (Peter S. Lubeck, County
Attorney)
Page 2 of 4
E. FIRST READING OF ORDINANCES
1. Ordinance amending the Roanoke County Code by amending Chapter 8.1 -
Erosion and Sediment Control (Tarek Moneir, Director of Development Services)
2. Ordinance approving a public utility easement to Roanoke Gas at 2121 and 2131
Cardinal Park Drive (Tax ID number 071.07-03-04.00-0000 and 071.11-01.01.00-
0000) in the Vinton Business Park (Doug Blount, Director of General Services
and Parks, Recreation and Tourism)
3. Ordinance amending Article I (General Provisions), Article II, (Definitions and
Use Types), Article III (District Regulations), Article IV (Use and Design
Standards) and Article V (Development Standards) of the Roanoke County
Zoning Ordinance (Philip Thompson, Director of Planning)
4. Ordinance 1) accepting and appropriating $355,000.64 in grant funding from the
Virginia Department of Emergency Management (VDEM) to the County's grant
fund for technology upgrades to the County's NG9-1-1 Public Safety Answering
Points (PSAP), and 2) reallocating $95,000 (from the Communications/IT
administrative fund) and $65,959.32 (from the Communications shop fund) to the
grant fund to further finance such technology upgrades (Susan Slough, Assistant
Director of Communications and Information Technology)
F. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
G. 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. Request to accept and allocate funds from the Roanoke Valley-Alleghany
Regional Commission in the amount of $10,000 for Roanoke River Blueway
Improvements at Wayside Park
2. Request to accept and allocate funds in the amount of $198.37 to the Clerk of the
Circuit Court from the Commonwealth of Virginia
3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Elizabeth H. Belcher, Roanoke Valley Greenway Coordinator, upon
her retirement after twenty-five (25) years of service
Page 3 of 4
4. Confirmation of appointments to the Roanoke County Parks, Recreation and
Tourism Advisory Commission (District) and the Virginia Western Community
College Board of Directors (At Large)
H. CITIZENS' COMMENTS AND COMMUNICATIONS
I. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
J. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Phil C. North
2. David F. Radford
3. Paul M. Mahoney
4. Martha B. Hooker
5. P. Jason Peters
K. WORK SESSIONS
1. Work session to review proposed changes to Chapter 15 - Parks and Recreation
of the Roanoke County Code (Rachel Lower, Senior Assistant County Attorney;
Doug Blount, Director of General Services and Parks, Recreation and Tourism)
L. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711 (A) (3) for discussion or consideration of the disposition of real
property for a public purpose, where the discussion in an open meeting would
adversely affect the bargaining position or negotiation strategy of the public body,
namely in the Town of Vinton
M. CERTIFICATION RESOLUTION
N. ADJOURNMENT
Page 4 of 4
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: July 13, 2021
AGENDA ITEM: Resolution honoring the Homeplace Restaurant after 38
years of service to Roanoke County
SUBMITTED BY: Jill Loope
Director of Economic Development
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to recognize the Homeplace Restaurant for 38 years of
operation in Roanoke County. Kevin Wingate, owner of The Homeplace Restaurant in
Catawba, will accept the Resolution of Appreciation after nearly four decades of service
to the citizens of Roanoke County.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
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: July 13, 2021
AGENDA ITEM: Resolution adopting legislative priorities for the August 2021
special session of the Virginia General Assembly and
petitioning the General Assembly to favorably consider the
topics and issues addressed herein
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to discuss the Board's legislative priorities for the August
2021 special session of the Virginia General Assembly.
BACKGROUND:
A second 2021 special session of the Virginia General Assembly will be convened
during the month of August.
DISCUSSION:
It has been proposed that the board consider adopting the following three legislative
priorities (and petition the members of the General Assembly to favorably consider
these priorities):
1. School capital needs: The Board supports making additional state resources
and funding tools available to localities to support school capital needs,
including rehabilitation and upgrades to existing facilities as well as
construction of new facilities.
2. Broadband: The COVID-19 pandemic has underscored the importance of
access to reliable, affordable broadband in enabling telework, distance
learning, and telemedicine; broadband access is essential for all Virginians.
Page 1 of 2
The Board urges the General Assembly to use available funds to improve
access to and the affordability of broadband, with the goal of achieving
statewide coverage.
3. Replenishment of the Unemployment Trust Fund:
Unemployment Trust Fund has been depleted by the economic hardship
caused by the COVID-19 pandemic. Significant increases in employer taxes
are projected to be required to replenish the Trust Fund in the absence of
other resources. As an employer, the Board urges the General Assembly not
to increase employer taxes (in order to replenish the Trust Fund), which
would divert local funds away from investments in other community needs;
the additional tax burden on local businesses may also hamper progress
toward a full economic recovery. The Board requests that the General
Assembly support the use of federal aid to stabilize the Trust Fund.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of these legislative priorities.
STAFF RECOMMENDATION:
Staff recommends that the Board adopt legislative priorities to share with the General
Assembly in advance of the August 2021 special session.
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, JULY 13, 2021
RESOLUTION ADOPTING LEGISLATIVE PRIORITIES FOR THE
AUGUST 2021 SPECIAL SESSION OF THE VIRGINIA GENERAL
ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO
FAVORABLY CONSIDER SUCH PRIORITIES
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ,
understands that it is the intent of the Virginia General Assembly to hold a special session
during the month of August 2021, and that the General Assembly anticipates considering,
among other issues, State budget priorities and the appropriation of federal funds; and
WHEREAS, the receipt of federal relief funds under the American Recovery Plan
Act (ARPA) presents a unique opportunity to make investments to address significant
needs and to position the Commonwealth for future growth; and
WHEREAS, the Board adopts this resolution to set forth legislative priorities, and
to respectfully petition the members of the General Assembly to favorably consider these
priorities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following three priorities are submitted to the Virginia General
Assembly, for its favorable consideration:
1. School capital needs: The Board supports making additional state resources
and funding tools available to localities to support school capital needs,
including rehabilitation and upgrades to existing facilities as well as
construction of new facilities.
Page 1 of 2
2. Broadband: The COVID-19 pandemic has underscored the importance of
access to reliable, affordable broadband in enabling telework, distance
learning, and telemedicine; broadband access is essential for all Virginians.
The Board urges the General Assembly to use available funds to improve
access to and the affordability of broadband, with the goal of achieving
statewide coverage.
3. Replenishment of the Unemployment Trust Fund: The
Unemployment Trust Fund has been depleted by the economic hardship
caused by the COVID-19 pandemic. Significant increases in employer taxes
are projected to be required to replenish the Trust Fund in the absence of other
resources. As an employer, the Board urges the General Assembly not to
increase employer taxes (in order to replenish the Trust Fund), which would
divert local funds away from investments in other community needs; the
additional tax burden on local businesses may also hamper progress toward a
full economic recovery. The Board requests that the General Assembly support
the use of federal aid to stabilize the Trust Fund.
Page 2 of 2
ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Ordinance amending the Roanoke County Code by
amending Chapter 8.1 - Erosion and Sediment Control
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY:
County Administrator
ISSUE:
In order to protect property, lower impacts to downstream property, and reduce water
quality degradation due to land development, Roanoke County is proposing revisions to
Chapter 8.1 - the Erosion and Sediment Control Ordinance.!
BACKGROUND:
The County has a Municipal Storm Sewer (MS4) permit, which is administered by the
VA department of Environmental Quality. This permit requires the County to make
progress toward lowering discharges of sediment to meet its Total Maximum Daily Load
(TMDL) Water Load Allocation (WLA). The County prepared TMDL Plans in 2015 in
compliance with the County MS4 permit. These plans committed the County to perform
certain actions. One of these actions was to consider a new ordinance to provide
Stream Buffering. Attached is proposed amendment to the current Roanoke County
Chapter 8.1 - Erosion and Sediment Control ordinance.
DISCUSSION:
In order to protect property, lower impacts to downstream property and reduce water
quality degradation due to land development, staff discussed with the Board proposed
revisions to the erosion and sediment control ordinance to provide 25-foot-wide stream
buffers on each side of perennial streams for new developments. These stream buffers
would protect a strip of land along perennial streams to maintain floodwater storage and
Page 1 of 3
reduce soil erosion and property damage during floods. This item has been under
consideration for several years.
Often during development, fill and site improvements are placed adjacent to streams.
This practice causes accelerated erosion of the stream banks and loss of flood storage.
An ordinance that requires leaving a buffer around an existing stream would protect the
property from subsequent damage, avoid increasing downstream flooding and protect
water quality. Staff proposes to modify the existing erosion and sediment control (ESC)
ordinance to require a stream buffer whenever proposed, land-disturbing activities
require an ESC permit.
By placing the buffer requirements in the ECS ordinance rather than in the Zoning
ordinance, the resident that purchases the property after development is not
constrained by the buffer requirement. The requirement is only tied to an ESC
permitted activity.
Staff prepared the attached ordinance amendment for consideration by the Board. The
proposed amendment would:
· Apply to new development that requires an ESC Permit and is adjacent to a
perennial stream.
· Generally, prohibit land disturbance within 25 feet of the ordinary high-water mark
(OHW).
· Exceptions allowed for certain activities:
o Certain utility lines
o Water dependent facilities
o Roads, where no practical alternative exists
o Fed/ State permitted stream improvements
· Lots that were platted, and development plans submitted for review, prior to effective
date of requirements are exempt.
In August 2018, staff reached out for comment through: a newsletter sent to the
development and consultant community; and posted a copy of the draft ordinance
revisions on our website for public review. After receiving comments from the Roanoke
Regional Homebuilders Association (RRHBA) and four (4) consultants, staff made
revisions to the ordinance based on these comments. Staff reached out to the RRHA
again in 2020 and made additional revisions to address their concerns. RRHA has
confirmed that we have addressed their concerns (Attachment A: Table summarizes the
development community concerns).
FISCAL IMPACT:
Costs associated with establishing Stream Buffer were an important concern raised by
Page 2 of 3
the RRHBA. Staff believes that the cost increases for any development will be very
limited by excluding intermittent streams and by listing allowable uses in the buffer area.
On the other hand, the Stream Buffer benefits the community as it will: lessen erosion to
the stream; lessen damage to property from floods; maintain flood storage to avoid
increasing downstream flooding; protect water quality and demonstrates compliance
with MS4 permit requirement to address sediment impairments.
There is no fiscal impact associated with the new amendment to the ESC ordinance.
STAFF RECOMMENDATION:
Staff recommends approving approval of the first reading of the attached amendment to
the ESC ordinance and scheduling a public hearing and second reading of the
ordinance on July 27, 2021.
Page 3 of 3
E
C
N
A
N
I
D
R
O
R
E
F
F
U
B
M
A
E
R
T
S
–
0
1
T
P
M
B
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTERON TUESDAY, JULY 13, 2021
ORDINANCE AMENDING CHAPTER 8.1 (EROSION AND SEDIMENT
CONTROL) OF THE ROANOKE COUNTY CODE
WHEREAS, in order to protect property, lower impacts to downstream property
and reduce water quality degradation due to land development, Roanoke County is
proposing revisions to Chapter 8.1 -the Erosion and Sediment Control Ordinance; and
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the Roanoke County Code is hereby amended to read and provide
as follows:
\[1\]
Chapter 8.1 -EROSION AND SEDIMENT CONTROL
Footnotes:
---(1)---
Editor's note—Ord. No. 022316-7, § 1, adopted February 23, 2016, in effect repealed
ch. 8.1, §§ 8.1-1—8.1-11 and enacted a new ch. 8.1, §§ 8.1-1—8.1-12 as set out
herein. Former ch. 8.1 pertained to similar subject matter and derived from Ord. No.
012704-9, adopted January 27, 2004; Ord. No. 082206-3, adopted August 22, 2006;
Ord. No. 092507-5, adopted September 25, 2007; Ord. No. 052708-19, adopted May
27, 2008; and Ord. No. 092308-3 adopted September 23, 2008.
Cross reference—Building regulations, Ch. 7; sewers and sewage disposal, Ch. 18;
water, Ch. 22; zoning, App. A; subdivisions, App. B.
State Law reference—Erosion and Sediment Control Law, Code of Virginia, § 10.1-50
et seq.
Sec. 8.1-1. -Title, purpose and authority.
This chapter shall be known as the "Erosion and Sediment Control and Steep Slope
Development Ordinance of the County of Roanoke, Virginia." The purpose of this chapter
is to prevent degradation of properties, stream channels, waters and other natural
resources of the Ccounty by establishing requirements for the control of soil erosion,
Page 1of 22
sediment deposition and non-agricultural runoff;andby establishing requirements for
development of steep slopes;,by developing requirements to retain maintain and
establishstream buffers;and by establishing procedures whereby these requirements
shall be administered and enforced.
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4,
known as the Virginia Erosion and Sediment Control Law, and the regulations
implementing the Virginia Stormwater Management Act and the Erosion and Sediment
Control Law in 9VAC25-830 through 9VAC25-890, as applicable.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-2. -Applicability of chapter in Town of Vinton.
The provisions of this chapter shall be applicable within the corporate limits of the
Town of Vinton. Administrative procedures and review fees may be established to
accommodate the review of plans for development located within the town.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-3. -Definitions.
As used in this chapter, unless the context requires a different meaning:
Agreement in lieu of a planmeans a contract between the plan-approving authority
and the owner that specifies conservation measures that must be implemented in the
construction of a single-family residence; this contract may be executed by the plan-
approving authority in lieu of a formal site plan. Agreement in lieu of a plan also means a
contract between the plan-approving authority and the owner that specifies conservation
measures that must be implemented in the construction of any land disturbing activity,
other than a single-family residence, that disturbs between two thousand five hundred
(2,500) square feet and nine thousand nine hundred and ninety-nine (9,999) square feet;
this contract may be executed by the plan-approving authority in lieu of a formal site plan.
Applicantmeans any person submitting an erosion and sediment control plan for
approval or requesting the issuance of a permit, when required, authorizing land-
disturbing activities to commence.
Boardmeans the Virginia State Water Control Board.
Certified inspectormeans an employee or agent of a VESCP authority who (i) holds
a certificate of competence from the board in the area of project inspection or (ii) is
enrolled in the board's training program for project inspection and successfully completes
such program within one (1) year after enrollment.
Certified plan reviewermeans an employee or agent of a VESCP authority who (i)
holds a certificate of competence from the board in the area of plan review, (ii) is enrolled
in the board's training program for plan review and successfully completes such program
within one (1) year after enrollment, or (iii) is licensed as a professional engineer,
Page 2of 22
architect,certified landscape architect or land surveyor pursuant to Article 1 (section 54.1-
400 et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as defined in section
54.1-2200 of the Code of Virginia.
Certified program administratormeans an employee or agent of a VESCP authority
who (i) holds a certificate of competence from the board in the area of program
administration or (ii) is enrolled in the board's training program for program administration
and successfully completes such program within one (1) year after enrollment.
Clearingmeans any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or top soil removal.
Countymeans the County of Roanoke.
Departmentmeans the Department of Environmental Quality.
Developmentmeans a tract or parcel of land developed or to be developed as a single
unit under single ownership or unified control which is to be used for any business or
industrial purpose or is to contain three (3) or more residential dwelling units.
Directormeans the Director of the Department of Environmental Quality.
Districtor soil and water conservation districtrefers to the Blue Ridge Soil and Water
Conservation District.
Erosion and sediment control planor planmeansa document containing material for
the conservation of soil and water resources of a unit or group of units of land. It may
include appropriate maps, an appropriate soil and water plan inventory, and management
information with needed interpretations and a record of decisions contributing to
conservation treatment. The plan shall contain all major conservation decisions and all
information deemed necessary by the Ccounty to assure that the entire unit or units of
land will be so treated to achieve the conservation objectives. An erosion and sediment
control plan must be prepared by a Virginia professional engineer, land surveyor,
landscape architect, architect, or professional soil scientist.
Erosion impact areameans an area of land not associated with current land disturbing
activity but subject to persistent soil erosion resulting in the delivery of sediment onto
neighboring properties or into state waters. This definition shall not apply to any lot or
parcel of land of ten thousand (10,000) square feet or less used for residential purposes.
Excavatingmeans any digging, scooping or other methods of removing earth
materials.
Existing undeveloped landmeans land that,prior to the issuance of the erosion and
sediment control permit,does not contain pavement, structures, or other hardscape
within 25 feettwenty-five (25) feet of any perennial stream or contiguous wetlands,
measured horizontally from the edge of the contiguous wetlands, or the ordinary high
watermark if no wetlands exist.
Fillingmeans any depositing or stockpiling of earth materials.
Page 3of 22
Geotechnical reportmeans a report provided at the applicant's expense, prepared
and stamped by a professional engineer, that communicates site conditions, and
recommends design and construction methods.
(1) The geotechnical report shall include any or all of the following basic
information, as determined by the professional engineer:
a. Summary of all subsurface exploration data, including subsurface soil profile,
exploration logs, laboratory or in situ test results, and ground water
information;
b. Interpretation and analysis of the subsurface data;
c. Specific engineering recommendations for design;
d. Discussion of conditions for solution of anticipatedproblems; and
e. Recommended geotechnical special provisions.
(2) For guidance in investigating site conditions and preparing geotechnical reports,
the professional engineer may refer to all applicable sections of the "Checklist
and Guidelines for Review of Geotechnical Reports and Preliminary Plans and
Specifications," US Department of Transportation, Federal Highway
Administration Publication No. FHWA ED-88-053, as amended.
(3) The geotechnical report shall be submitted to the plan-approving authority and
included in site development files prior to issuance of a land disturbing permit.
Gradingmeans any excavating or filling of earth material or any combination thereof,
including the land in its excavated or filled conditions.
Land-disturbing activitymeans any man-made change to the land surface that may
result in soil erosion from water or wind and the movement of sediments into state waters
or onto lands in the Ccommonwealth, including, but not limited to, clearing, grading,
excavating, transporting and filling of land, except that the term shall not include:
(1) Minor land-disturbing activities such as home gardens and individual home
landscaping, repairs and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance, or repairs of any underground public utility lines when
such activity occurs on an existing hard-surfaced road, street or sidewalk
provided such land-disturbing activity is confined to the area of the road, street or
sidewalk that is hard-surfaced;
(4)Septic tank lines or drainage fields unless included in an overall plan for land-
disturbing activity relating to construction of the building to be served by the septic
tank system;
(5) Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted pursuant to Title 45.1 of the Code of Virginia;
(6) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or
livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
Page 4of 22
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs is
reforested artificially or naturally in accordance with the provisions of Chapter 11
(Section 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to
bona fide agricultural or improved pasture use as described in subsection B of
section 10.1-1163of the Code of Virginia;
(7) Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
(8) Agricultural engineering operations including but not limited to the construction
of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not
required to comply with the Dam Safety Act (Va. Code §Section10.1-604 et seq.
of the Code of Virginia),ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation;
(9) Disturbed land areas of less than two thousand five hundred (2,500) square feet
in size;,except as herein described for residential development in section 8.1-
6(e).
(10) Installation of fence and sign posts or telephone and electric poles and other
kinds of posts or poles;
(11) Emergency work to protect life, limb or property, and emergency repairs;
however, if the land-disturbing activity would have required an approved erosion
and sediment control plan, if theactivity were not an emergency, then the land
area disturbed shall be shaped and stabilized in accordance with the
requirements of this chapter.
Land-disturbing permitor approvalmeans a permit or other form of approval issued
by the Ccounty for the clearing, filling, excavating, grading, transporting of land or for any
combination thereof or for any other land disturbing activity set forth herein.
Natural channel design conceptsmeans the utilization of engineering analysis and
fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open
conveyance system for the purpose of creating or recreating a stream that conveys its
bankfull storm event within its banks and allows larger flows to access its bankfull bench
and its floodplain.
Ordinary hHigh wWater mMarkmeans that line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas.
Ownermeans the owner or owners of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor,
trustee, lessee or other person, firm or corporation in control of a property.
Peak flow ratemeans the maximum instantaneous flow from a given storm condition
at a particular location.
Page 5of 22
Perennial sStreammeans a stream that has a well-defined channel that contains
water year-around during a year of normal rainfall. Groundwater is the primary source
of water, but the stream also carries stormwater.Disturbance of a perennial stream may
require permitting from the Virginia Department of Environmental Quality and/or the
United States Corps of Engineers.
Permitteemeans the person to whom the land-disturbing approval is issued or the
person who certifies that the approved erosion and sediment control plan will be followed.
Personmeans any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, county, city, town or other political subdivision of the Ccommonwealth, any
interstate body, or any other legal entity.
Previously developed landmeans land that prior to the issuance of the erosion and
sediment control permit contained pavement, structures, or other hardscape within 25
feet twentyfive (25) feet of any perennial stream or contiguous wetlands, measured
horizontally from the edge of the contiguous wetlands, or the ordinary high water mark if
no wetlands exist.
Responsible land disturberor RLDmeans an individual holding a certificate issued
by the Ddepartment who is responsible for carrying out the land-disturbing activity in
accordance with the approved ESC plan. In addition, the RLD may be a Virginia
professional engineer, land surveyor, landscape architect, architect, or professional soil
scientist, provided that it is the same licensed professional who sealed and signed the
ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent,
project manager, contractor, or any other project or development team member. The RLD
must be designated on the ESC plan or permit as a prerequisite for engaging in land
disturbance.
Runoff volumemeans the volume of water that runs off the land development project
from a prescribed storm event.
Single-family residencemeans a noncommercial dwelling that is occupied exclusively
by one (1) family.
Steep slopemeans a slope greater than 3:1, or thirty-three and one-third (33.3)
percent.
Stream buffer means an areathat is adjacent to a perennial stream, orcontiguous
nontidal wetlands,where natural grades andnatural vegetation areleft undisturbedor
where vegetation is established. The stream buffer serves to protect the stream banks
from excessive erosion and to allow stormwater runofffrom surrounding landto flow
throughitto the streamin adiffuse manner so that the runoff does not become
channelized and which provides for infiltration of the runoff and filtering out sediment and
other nonpoint source pollutants from runoff.No land clearing or land gradingthat is
regulated by this ordinanceshall occur in a stream buffer, except as allowed by this
ordinancein Section 8.1.6 (v).
Page 6of 22
State permitmeans an approval to conduct a land-disturbing activity issued by the
board in the form of a state stormwater individual permit or coverage issued under a state
general permit.
State watersmeans all waters on the surface and under the ground wholly or partially
within or bordering the Ccommonwealth or within its jurisdictions.
Townmeans the incorporated Town of Vinton.
Transportingmeans any moving of earth materials from one (1) place to another
place other than such movement incidental to grading, when such movement results in
destroying the vegetative ground cover either by tracking or the buildup of earth materials
to the extent that erosion and sedimentation will result from the soil or earth materials
over which such transporting occurs.
Virginia Erosion and Sediment Control Programor VESCPmeans a program
approved by the Bboard that has been established by a VESCP authority for the effective
control of soil erosion, sediment deposition, and non-agricultural runoff associated with a
land-disturbing activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include such items where
applicable as local ordinances, rules, permit requirements, annual standards and
specifications, policies and guidelines, technical materials, and requirements for plan
review, inspection, enforcement where authorized in this article, and evaluation consistent
with the requirements of this article and its associated regulations.
VESCP plan-approving authoritymeans the Ddirector of the Roanoke County Office
of community developmentDdevelopment Sservicesor his or her assigneedesignee,
which who is responsible for determining the adequacy of a plan submitted for land-
disturbing activities on a unit or units of landsand for approving plans.
VESCP authorityor program authoritymeans the county which has adopted a soil
erosion and sediment control program that has been approved by the Bboard.
Water quality volumemeans the volume equal to the first one-half (½) inch of runoff
multiplied by the impervious surface of the land development project.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-4. -Administration of chapter in conjunction with subdivision and zoning
ordinances.
This chapter shall be administered, where applicable, in conjunction with the
Ccounty's subdivision and zoning ordinances wherein such apply to the development and
subdivision of land within the Ccounty or where such apply to development on previously
subdivided land within the Ccounty.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-5. -Local erosion and sediment control program.
Page 7of 22
(a) Pursuant to section 62.1-44.15:54 of the Code of Virginia, the Ccounty hereby
establishes a VESCP program and adopts the regulations promulgated by the
Bboard; with the exception that the requirements contained in 9VAC25-840-40.19 do
not apply to the regulated land-disturbing activities that meet the requirements of 8.1-
7 of this chapter; (for the effective control of soil erosion and sediment deposition to
prevent the unreasonable degradation of properties, stream channels, waters and
other natural resources) and the Virginia Erosion and Sediment Control Handbook,
as amended, and those more stringent local criteria which the Ccounty Bboard of
Ssupervisors,may adopt by resolution and incorporate into the manual of regulations
and policies entitled "Stormwater Management Design Manual" and "Design and
Construction Standards Manual."
(b) In accordance with§ 62.1-44.15:52 of the Code of Virginia, any plan approved prior
to July 1, 2014 that provides for stormwater management that addresses any flow
rate capacity and velocity requirements for natural or man-made channels shall
satisfy the flow rate capacity and velocity requirements for natural or man-made
channels if the practices are designed to (i) detain the water quality volume and to
release it over forty-eight (48) hours; (ii) detain and release over a 24-hour period the
expected rainfall resulting from the one (1) year, 24-hour storm; and (iii) reduce the
allowable peak flow rate resulting from the one and one half (1.5), two (2), and 10-
year, 24-hour storms to a level that is less than or equal to the peak flow rate from
the site assuming it was in a good forested condition, achieved through multiplication
of the forested peak flow rate by a reduction factor that is equal to the runoff volume
from the site when it was in a good forested condition divided by the runoff volume
from the site in its proposed condition, and shall be exempt from any flow rate capacity
and velocity requirements for natural or man-made channels.
(c) For plans approved on and after July 1, 2014, the flow rate capacity and velocity
requirements for natural and man-made channelsshall be satisfied by compliance
with water quantity requirements specified in § 62.1-44.15:28 of the Stormwater
Management Act and 9VAC25-870-66 of the Virginia Stormwater Management
Program (VSMP) regulations, unless such land-disturbing activities are in accordance
with the grandfathering provisions of the Virginia Stormwater Management Program
(VSMP) Regulations.
(d) The Ccounty hereby designates the Ddirector of community
developmentDdevelopment sServicesor his or her assignee as the plan-approving
authority.
(e) The program and regulations provided for in this chapter shall be made available
for public inspection at the office of the Ddepartment of community
developmentDdevelopment sServices.
(f) Pursuant to section 62.1-44.15:53 of the Code ofVirginia, an erosion and sediment
control plan shall not be approved until it is reviewed by a certified plan reviewer.
Inspections of land-disturbing activities shall be conducted by a certified inspector.
The erosion control program of the county Countyshall contain a certified program
administrator, a certified plan reviewer, and a certified inspector, who may be the
same person.
Page 8of 22
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-6. -Regulated land-disturbing activities; submission and approval of plans;
contents of plans.
(a) Except as provided herein, no person may engage in any land-disturbing activity
until he or she has submitted to the departmentDepartment of community
developmentdDevelopment sServicesan erosion and sediment control plan for the
land-disturbing activity and such plan has been approved by the VESCP authority.
No approval to begin a land-disturbing activity will be issued unless evidence of state
permit coverage is obtained where it is required. Where land-disturbing activities
involve lands under the jurisdiction of more than one (1) VESCP, an erosion and
sediment control plan, at the option of the applicant, may be submitted to the
department Department for review and approval rather than to each jurisdiction
concerned. The department Department may charge the applicant a fee sufficient to
cover the cost associated with conducting the review.
(b) Where the land-disturbing activity results from the construction of a single-family
residence, an agreement in lieu of a plan may, at the discretion of the countyCounty,
be substituted for an erosion and sediment control plan if executed by the plan-
approving authority. Additional requirements are given below:
(1) Where the land-disturbing activity, from the construction of a single-family
residence, results in less than five thousand (5,000) square feet of disturbed area,
an "agreement in lieu of a plan" shall be accompanied by a plot plan that meets
the county County building permit plot plan requirements.
(2) Where the land-disturbing activity, from the construction of a single-family
residence, results in five thousand (5,000) square feet or more of disturbed area,
an "agreement in lieu of a plan" shall be accompanied by a plot plan that meets
the county County building permit plot plan requirements, prepared by a
responsible land disturber, Virginia professional engineer, land surveyor,
landscape architect, architect, or professional soil scientist. A responsible land
disturber must also be provided and identified.
(3) The county County may require additional information, or may decline to
execute an agreement in lieu of a plan and may require an erosion and sediment
control plan in instances where, in the county's County's opinion, it is necessary
to properly protect downstream properties or the environment.
(c)An erosion and sediment control plan shall be filed for a development and the
buildings constructed within, regardless of the phasing of construction.
(d) If individual lots or sections in a residential development are being developed by
different property owners, all land-disturbing activities related to the building
construction shall be covered by an erosion and sediment control plan or an
"agreement in lieu of a plan" signed by the property owner. The property owner is
responsible for complying withthe provisions of (a) or (b) above for each lot to obtain
an erosion and sediment control permit.
Page 9of 22
(e) Land-disturbing activity of less than two thousand five hundred (2,500) square feet
on individual lots in a residential development shall not be considered exempt from
the provisions of this chapter, if the total land-disturbing activity in the development is
equal to or greater than two thousand five hundred (2,500) square feet.
(f) The standards contained with the "Virginia Erosion and Sediment Control
Regulations," and The Virginia Erosion and Sediment Control Handbook, as
amended and those more stringent local criteria which the board of supervisors of the
countyCounty Board of Supervisors,may adopt by resolution and incorporate into the
manual of regulations and policies entitled "Stormwater Management Design Manual"
and "Design and Construction Standards Manual" are to be used by the applicant
when making a submittal under the provisions of this chapter and in the preparation
of an erosion and sediment control plan. In cases where one standard conflicts with
another, the more stringent applies. The VESCP plan-approving authority, in
considering the adequacy of a submitted plan, shall be guided by the same standards,
regulations and guidelines.
(g)The VESCP plan-approving authority shall review erosion and sediment control
plans submitted to it and grant written approval within sixty (60) days of the receipt of
the plan if it determines that the plan meets the requirements of the Erosion and
Sediment Control Law and the board's regulations, and if the person responsible for
carrying out the plan certifies that he will properly perform the measures included in
the plan and will conform to the provisions of this chapter. In addition, as a
prerequisite to engaging in the land-disturbing activities shown on the approved plan,
the person responsible for carrying out the plan shall provide the name of the
responsible land disturber, to the program authority, as provided by § 62.1-44.15:52,
of the VirginiaErosion and Sediment Control Law, who will be in charge of and
responsible for carrying out the land-disturbing activity. Failure to provide the name
of the responsible land disturber, prior to engaging in land-disturbing activities may
result in revocation of the approval of the plan and the person responsible for carrying
out the plan shall be subject to the penalties provided in this chapter. However, the
VESCP plan-approving authority may waive the certificate of competence
requirement for an agreementin lieu of a plan for construction of a single family
residence. If a violation occurs during the land-disturbing activity, then the person
responsible for carrying out the agreement in lieu of a plan shall correct the violation
and provide the name of the responsible land disturber, as provided by § 62.1-
44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to provide the
name of the responsible land disturber shall be a violation of this chapter.
(h) When the plan is determined to be inadequate, written notice of disapproval stating
the specific reasons for disapproval shall be communicated to the applicant within
forty-five (45) days. The notice shall specify the modifications, terms and conditions
that will permit approval of the plan. Ifno action is taken by the plan-approving
authority within the time specified above, the plan shall be deemed approved and the
person authorized to proceed with the proposed activity.
(i) The VESCPauthority shall act on any erosion and sediment control plan that has
been previously disapproved within forty-five (45) days after the plan has been
revised, resubmitted for approval, and deemed adequate.
Page 10of 22
(j) The VESCP authority may require changes to an approved plan when:
(1) The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2) The person responsible for carrying out the plan finds that because of changed
circumstances or for other reasons the approved plan cannot be effectively
carried out, and proposed amendments to the plan, consistent with the
requirements of this chapter, are agreed to by the plan approving authority and
the person responsible for carrying out the plan; or.
(3)Aland-disturbing activity does not begin during theone hundred eighty(180)-
day period following plan approval or it ceasesfor more than one hundred
eighty (180)days. In this event, the VESCP authority may evaluate the existing
approved erosion and sediment control plan to determine whether the plan still
satisfies local and state erosion and sediment control criteria and to verify that
all design factors are still valid. If the VESCP authority finds the previously filed
plan to be inadequate, a modified plan shall be submitted and approved prior to
the resumption of land-disturbing activity.
(k) Variances. The VESCP plan-approving authority may waive or modify any of the
standards that are deemed to be inappropriate or too restrictive for site conditions, by
granting a variance. A variance may be granted under these conditions:
(1) At the time of plan submission, an applicant may request a variance to become
part of the approved erosion and sediment control plan. The applicant shall
explain the reasons for requesting variances in writing. Specific variances which
are allowed by the plan-approving authority shall be documented in the plan.
(2) During construction, the person responsible for implementing the approved plan
may request a variance in writing from the plan-approving authority. The plan-
approving authority shall respond in writing either approving or disapproving such
a request. If the plan-approving authority does not approve a variance within ten
(10) days of receipt of the request, the request shall be considered to be
disapproved. Following disapproval, the applicant may resubmit a variance
request with additional documentation.
(3) The VESCP authority shall consider variance requests judiciously, keeping in
mind both the need of the applicant to maximize cost effectiveness and the need
to protect off-site properties and resources from damage.
(l) In order to prevent further erosion, the county County may require the property owner
of land identified by the county County as an erosionimpact area to immediately take
actions to minimize the delivery of sediment onto neighboring properties or into state
waters, and to prepare and submit to the county an Erosion and Sediment Control
Plan that details how the erosion impact area will be permanently stabilized. Failure
by the property owner to comply with county County directions to immediately take
actions to minimize the delivery of sediment onto neighboring properties or into state
waters; or failure to submit an Erosion and Sediment Control Plan within a reasonable
time period set by the countyCounty; or failure to implement the Erosion and
Page 11of 22
Sediment Control Plan after approval by the county County within a reasonable time
period set by the Ccounty shall be a violation of this chapter. Such violation shall be
subject to all of the penalties and other legal actions contained in section 8.1-10.
(m) When a land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation, submission,
and approval of an erosion control plan shall be the responsibility of the property
owner.
(n) In accordance with the procedure set forth in § 62.1-44.15:55 (E) of the Code of
Virginia, any person engaging, in more than one (1) jurisdiction, in the creation and
operation of wetland mitigation or stream restoration banks, which have been
approved and are operated in accordance with applicable federal and state guidance,
laws, or regulations forthe establishment, use, and operation of wetland mitigation or
stream restoration banks, pursuant to a mitigation banking instrument signed by the
department of environmental quality, the Vvirginia marine resources commission, or
the U.S. Army Corps of Engineers, may, at the option of that person, file general
erosion and sediment control specifications for wetland mitigation or stream
restoration banks annually with the board for review and approval consistent with
guidelines established by the board. Approval of general erosion and sediment
control specifications does not relieve the owner or operator from compliance with
any other local ordinances and regulations including requirements to submit plans
and obtain permits as may be required by such ordinances and regulations.
(o) State agency projects are exempt from the provisions of this chapter, except as
provided for in the Code of Virginia, section 62.1-44.15:56.
(p) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to
the International Building Code, Chapter 18, as amended, for foundation clearances
from slopes.
(q) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a
geotechnical report is provided for the proposed slopes.
(r)Cut slopes or fill slopes shall not be greater than twenty-five (25) vertical feet in
height, unless a geotechnical report is provided for the proposed slopes. Cut slopes
or fill slopes less than or equal to 3:1 (horizontal:vertical) may exceed twenty-five (25)
vertical feet in height and shall not require a geotechnical report.
(s) For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) or
greater than or equal to twenty-five (25) vertical feet in height with a slope greater
than 3:1 (horizontal:vertical), as-built plans showing that the finished geometry, based
on a field survey performed by a licensed surveyor, is in substantial conformity with
the design shall be provided to the plan-approving authority.
(t) Fill materials, compaction methods and density specifications shall be indicated on
the site development plans. Fill areas intended to support structures shall also be
indicated on the site development plans.
(u) Development plans for all new subdivisions shall show proposed lot grades to
ensure positive drainage.
Page 12of 22
(v)Stream Bbuffers.
(1) Except as provided in this section, each regulated land disturbing activityshall
provide for stream buffers for the purposes of retarding runoff, preventing stream
bank erosion, and filtering nonpoint source pollution from runoff.
(2) Stream buffers shall be retained if present and established where they do not exist
on any lands containing perennial streams, or contiguous nontidal wetlands. The
stream buffer, on existing undeveloped land,shall extend a minimum oftwenty
five(25) feet on each side of any perennial stream orcontiguous nontidal
wetlands, measured horizontally from the edge of the contiguous nontidal
wetlands, or the ordinary high water markif no wetlands exist.
(3) The stream buffer, on previously developed land, shall either meet the
requirements of (2) above, or extend from the side of any perennial stream or
contiguous wetlands, measured horizontally from the edge of the contiguous
wetlands, or the ordinary high water mark if no wetlands exist to the edge of
existing paved surfaces,structures, or other hardscape; whichever is less.
(42)Each stream buffer required to be retained or established shall be managed as
provided herein:
i.Target vegetative cover. The preferred vegetative cover in a stream buffer shall be
a native riparian forest with ground cover, shrub, and tree canopy layers.
ii.Each stream buffer shall beretainedmaintainedin as natural a condition as
possible. Natural ground contours and native vegetation shall be preserved to
the fullest extent possible.
(53)The following types of improvements and activities shall not be required to
retain, establish, or manage a stream buffer, provided that the requirements of
this section are satisfied:
i.The construction, installation, operation and maintenance of electric,
gas and telephone transmission lines, railroads, and activities of the
Virginia Department of Transportation, and their appurtenant
structures, which are accomplished in compliance with the Erosion and
Sediment Control Law (Virginia Code §Section62.1-44.15:51 et seq.)
or an erosion and sediment control plan approved by the State Water
Control Board.
ii.The construction, installation, and maintenance by public agencies of
storm drainage, water and sewer lines.
iii.The construction and installation of water and sewer lines constructed
by private interests for dedication to public agencies, provided that all
of the following are satisfied:
a.To the extent practical, as determined by theadministrator, the
location of the water or sewer lines,shall be outside of all
stream buffer areas. 2.
Page 13of 22
b.No more land shall be disturbed than is necessary to construct,
install and maintain the water or sewer lines.
c.All constructionandinstallation of the water or sewer lines shall
comply with all applicable Ffederal, Sstate and local
requirements and permits and be conducted in a manner that
protects water quality.
(64)The following types of structures, control measures and activities shall be
allowed in a stream buffer, provided that the requirements of this section are
satisfied:
i.Temporary erosion and sediment control measures. Temporary
erosion and sediment control measures, provided that to the extent
practical, as determined by the administrator, the control measures
shall be located outside of the stream buffer and disturbance impacts
are minimized.Upon removal of the temporary measures, grading and
plantings shall be provided to reestablish the stream bufferby restoring
pre-development grades and providing appropriate plantings.
ii.Water-dependent facilities; water wells; passive recreation access,
such as pedestrian trails and bicycle paths; historic preservation;
archaeological activities; provided that all applicable Ffederal, Sstate
and local permits are obtained.
iii.Storm drainagefacilities necessary to drain to the stream,and
stormwater management best management practices, provided that
the disturbance to the buffer is minimized.
iv.Roads, streets anddriveways, providedthat disturbanceto the natural
stream channeland bufferis limited to the minimum reasonably
required to develop the site.Whenever practical, roads, streets, and
driveways shall not be constructed parallel to a stream within the
buffer.
v.Selective removal of invasive plantsand reestablishment of vegetative
buffer using native plants.
vi.Stream drainage improvements thatcomply with all Ffederaland
Sstate permitting requirements. Where channel improvements are
made, stream buffers shall be reestablishedon both sides of the
improved channel.There shall be no stream buffer requirements
where streams are replaced with storm drainage pipes.
(75)Stream buffers shall be indicated on erosion and sediment control plans, or plot
plans; and they shall be physically markedand protectedin the field with safety
fencing or other appropriate means prior to the commencement of clearing or
grading.
(86)Any lot that was platted prior to the effective date of this paragraph, and any land
disturbance whose erosion and sediment control plan has been submittedto the
Page 14of 22
County forreviewprior to the effective date of this paragraph, areexempt from
the requirements to protect and establish stream buffers.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-7. -Special provisions for land-disturbing activities that disturb less than ten
thousand (10,000) square feet
(a) This section applies to all land-disturbing activities that disturb less than ten
thousand (10,000) square feet, except that these special provisions shall not
apply to any land-disturbing activity of less than ten thousand (10,000) square
feet on individual lots in a residential development, if the total land-disturbing
activity in the development is equal to or greater than ten thousand (10,000)
square feet.
(b) Land-disturbing activities shall meet all of the requirements of this chapter,
except for the following:
(1) The technical provisions contained in 9VAC25-840-40.19 shall not apply to land
disturbing activities that meet the requirements of this section. These include:
a. The adequacy of downstream channels and pipes are not required to be
analyzed and verified.
b. No stormwater management measures to address any flow rate capacity or
velocity requirements for downstream natural or man-made channels shall be
required.
(2) An agreement in lieu of a plan may, at the discretion of the countyCounty, be
substituted for an erosion and sediment control plan if executed by the plan-
approving authority. All of the requirements of section 8.1-6(b) shall apply. This
provision expands the use of an agreement in lieu of, beyond a single-family
residence, to all land-disturbing activities that disturb less than ten thousand
(10,000) square feet.
(c) Nothing in this section shall be construed to negate any requirements of the
stormwater management ordinance of the Ccounty, where applicable.
(Ord. No.022316-7, § 1, 2-23-16)
Sec. 8.1-8. -Permits; fees; surety; etc.
(a) Agencies authorized under any other law to issue grading, building, or other permits
for activities involving land-disturbing activities may not issue any such permit unless
the applicant submits with his application an approved erosion and sediment control
plan, certification that the plan will be followed and evidence of state permit coverage
where it is required.
Page 15of 22
(b) No person shall engage in any land-disturbing activity until he has acquired a land-
disturbing permit, unless the proposed land-disturbing activity is specifically exempt
from the provisions of this chapter, and has paid the fees and posted the required
surety.
(c) Fees. An applicant requesting permission to begin land-disturbing activity pursuant
to this article shall pay the following fees to cover the administrative expense of
review, permitting, and inspection.
Disturbed Area (Square
Fee
Feet)
Less than 5,000 $25.00
5,000 -9,999 $50.00
$100.00 + $100.00 per disturbed acre, or portion of an
10,000 -or greater
acre
(d) No land-disturbing permit shall be issued until the applicant submits with the
application an approved erosion and sediment control plan or agreement in lieu of
an approved erosion and sediment control plan and certification that the plan will be
followed.
(e) Surety. All applicants for permits shall provide to the Ccounty a performance bond,
cash escrow, or an irrevocable letter of credit acceptable to the director Director of
community developmentdDevelopment sServicesor his assignee, to ensure that
measures could be taken by the Ccounty at the applicant's expense should the
applicant fail, after proper notice, within the time specified to initiate or maintain
appropriate conservation measures required of him as a result of his land-disturbing
activity. The amount of the bond or other security for performance shall not exceed
the total of the estimated cost to initiate and maintain appropriate conservation action
based on unit price for new public or private sector construction in the locality plus a
contingency for the Ccounty's administrative costs and inflation. The contingency
shall be ten (10) percent of the total estimated cost to initiate and maintain the
appropriate conservation action. Should it be necessary forthe Ccounty to take such
conservation action, the Ccounty may collect from the applicant any costs in excess
of the amount of the surety held.
(f) Within sixty (60) days of adequate stabilization and completion of all other site
requirements, as determined by the director Director of community
developmentdDevelopment sServicesor hisor herassignee, such bond, cash
escrow or letter of credit, or the unexpended or unobligated portion thereof shall be
either refunded to the applicant or terminated.
(g) These requirements are in addition to all other provisions relating to the issuance of
permits and are not intended to otherwise affect the requirements for such permits.
Page 16of 22
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-9. -Monitoring, reports, and inspections.
(a) The responsible land disturber, as provided in §Section 62.1-44.15:52of the Code
of Virginia, shall be in charge of and responsible for carrying out the land-disturbing
activity and provide for periodic inspections of the land-disturbing activity. The county
County may require the person responsible for carrying out the plan to monitor the
land-disturbing activity. The person responsible for carrying out the plan will maintain
records of these inspections and maintenance, to ensure compliance with the
approved plan and to determine whether the measures required in the plan are
effective in controlling erosion and sedimentation.
(b) The department Department of community developmentdDevelopment sServices
shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-
60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance
with the approved plan and to determine whether the measures required in the plan
are effective in controlling erosion and sedimentation. The owner, permittee, or
person responsible for carrying out the plan shall be given notice of the inspection. If
the director Director of community developmentdDevelopment sServices, or his or
her assignee, determines that there is a failure to comply with the plan or if the plan
is determined to be inadequate, notice shall be served upon the permittee or person
responsible for carrying out the plan by registered or certified mail to the address
specified in the permit application or in the plan certification, or by delivery at the site
of the land-disturbing activities to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall
specify the time within which such measures shall be completed. Upon failure to
comply within the specified time, the permit may be revoked and the permittee shall
be deemed to be in violation of this chapter and, upon conviction, shall be subject to
the penalties provided by this chapter.
(c) Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-
44.15:55,-44.15:56, the director Director of community developmentdDevelopment
sServices, or hisor herassignee, may, in conjunction with or subsequent to a notice
to comply as specified in this chapter, issue a stop work order requiring that all or part
of the land-disturbing activities permitted on the site be stopped until the specified
corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan or proper
permits, the director Director of community developmentdDevelopment sServicesor
his or her assignee may, in conjunction with or subsequent to a notice tocomply as
specified in this chapter, issue a stop work order requiring that all of the land-disturbing
and/or construction activities be stopped until an approved plan or any required
permits are obtained. Failure to comply will result in civil charges orpenalties as
outlined in section 8.1-10 of this chapter.
Where the alleged noncompliance is causing or is in imminent danger of causing
harmful erosion of lands or sediment deposition in waters within the watersheds of the
Page 17of 22
commonwealth, or where the land-disturbing activities have commenced without an
approved plan or any required permits, such a stop work order may be issued without
regard to whether the permittee has been issued a notice to comply as specified in
this chapter. Otherwise, such a stop work order may be issued only after the permittee
has failed to comply with such a notice to comply.
The stop work order shall be served in the same manner as a notice to comply, and
shall remain in effect for a period of seven (7) days from the date of service pending
application by the county County or permit holder for appropriate relief to the Ccircuit
Ccourt. The county County shall serve such stop work order for disturbance without
an approved plan or permits upon the owner by mailing with confirmation of delivery
to the address specified in the land records. Said stop work order shall be posted on
the site where the disturbance is occurring, and shall remain in effect until permits and
plan approvals are secured, except in such situations where an agricultural exemption
applies.
If the alleged violator has not obtained an approved plan or any required permits within
seven (7) days from the date of service of the stop work order, the director Director of
community developmentdDevelopment sServicesor his or her assignee may issue a
stop work order to the owner requiring that all construction and other work on the site,
other than corrective measures, be stopped until an approved plan and any required
permits have been obtained. Such an order shall be served upon the owner by
registered or certified mail to the address specified in the permit application or the land
records of the countyCounty.
The owner may appeal the issuance of a stop work order to the circuit Circuit court
Court of the Roanoke Ccounty. Any person violating or failing, neglecting or refusing
to obey a stop work order issued by the Ddirector of community
developmentDdevelopment Sservicesor his or her assignee may be compelled in a
proceeding instituted in the circuit court of the countyRoanoke County Circuit Courtto
obey same and to comply therewith by injunction, mandamus or other appropriate
remedy. Upon completion and approval of corrective action or obtaining an approved
plan or any required permits, the stop work order shall immediately be lifted. Nothing
in this section shall prevent the Ddirector of community developmentDdevelopment
Sservicesor his or her assignee from taking any other action authorized by this
chapter.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-10. -Penalties, injunctions, and other legal actions.
(a) Violators of this chapter shall be guilty of a Class I misdemeanor.
(b) Civil penalties:
(1) A civil penalty in the amount listed on the schedule below shall be assessed for
each violation of the respective offenses:
a. Commencement of land disturbing activity without an approved plan as
provided in section 8.1-6 shall be one thousand dollars ($1,000.00) per day.
Page 18of 22
b. Vegetative measures. Failure to comply with items 1, 2 3, or 5 of the
minimum standards shall be three hundred dollars ($300.00) per violation per
day.
c. Structural measures. Failure to comply with items 4, 6, 7, 8, 9, 10, 11, 15,
17, or 18 of the minimum standards shall be three hundred dollars ($300.00)
per violation per day.
d. Watercourse measures. Failure to comply with items 12, 13 and 15 of the
minimum standards, or unapproved disturbance of stream buffershall be
three hundred dollars ($300.00) per violation per day.
e. Underground utility measures. Failure to comply with item 16(a) and/or (c)
shall be three hundred dollars ($300.00) per violation per day.
f. Failure to obey a stop work order shall be one thousand dollars ($1,000.00)
per day.
g. Failure to stop work when permit revoked shall be one thousand dollars
($1,000.00) per day.
(2) Each day during which the violation is found to have existed shall constitute a
separate offense. However, in no event shall a series of specified violations
arising from the same operative set of facts result in civil penalties which exceed
a total of ten thousand dollars ($10,000.00), except that a series of violations
arising from the commencement of land-disturbing activities without an approved
plan for any site shall not result in civil penalties which exceed a total of ten
thousand dollars ($10,000.00). The assessment of civil penalties according to
this schedule shall be in lieu of criminal sanctions and shall preclude the
prosecution of such violation as a misdemeanor under subsection (a) of this
section.
(c) The director Director of community developmentdDevelopment sServicesor his
assignee, or the owner of property which has sustained damage or which is in
imminent danger of being damaged, may apply to the circuit court of the
countyRoanoke County Circuit Courtto enjoin a violation or a threatened violation of
Va. Code §§ 62.1-44.15:55, 62.1-44.15:56, without the necessity of showing that an
adequate remedy at law does not exist.
However, an owner of property shall not apply for injunctive relief unless (i) he has
notified in writing the person who has violated the local program, and the program
authority, that a violation of the local program has caused, or creates a probability of
causing, damage to his property, and (ii) neither the person who has violated the local
program nor the program authority has taken corrective action within fifteen (15) days
to eliminate the conditions which have caused, or create the probability of causing,
damage to his property.
(d) In addition to any criminal penalties provided under this chapter, any person who
violates any provision of this chapter may be liable to the Ccounty in a civil action for
damages.
Page 19of 22
(e) Civil penalty enumerated. Without limiting the remedies which may be obtained in
this section, any person violating or failing, neglecting, or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to this section shall be
subject, in the discretion of the court, to a civil penalty not to exceed two thousand
dollars ($2,000.00) for each violation. A civil action for such violation or failure may
be brought by thecountyCounty. Any civil penalties assessed by a court shall be paid
into the treasury of the countyCounty, except that where the violator is the locality
itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(f) With the consent of any person who has violated or failed, neglected or refused to
obey any regulation or condition of a permit or any provision of this chapter, the
county County may provide for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in subsection (b)(2) of this section. Such civil
charges shall be instead of any appropriate civil penalty which could be imposed
under subsection (b) or (e).
(g) The county's County's attorney shall, upon requestof the Ccounty take legal action
to enforce the provisions of this chapter.
(h) Compliance with the provisions of this chapter shall be prima facie evidence in any
legal or equitable proceeding for damages caused by erosion, siltation or
sedimentation that all requirements of law have been met, and the complaining party
must show negligence in order to recover any damages.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-11. -Hearings and appeals.
(a) Hearings.
(1) Any permit applicant or permittee, or person subject to the requirements of this
chapter, who is aggrieved by any action,of the county County in approving or
disapproving any plans required by this chapter, or by any enforcement action
taken pursuant to section 8.1-10, shall have the right to request, in writing, a
hearing to the Ccounty Aadministrator or his/her designee provided a petition
requesting such hearing is filed with the administrator within thirty (30) days after
notice of such action is given by the administrator.
(2) The hearing shall be held provided that the county County administrator
Administrator and the aggrieved party has at least thirty (30) days prior notice.
(3) A verbatim record of the proceedings of such hearings shall be taken and filed
with the board of supervisorsCounty Board of Supervisors. Depositions may be
taken and read as in actions at law.
(4) The county County administratorAdministrator, shall have power to issue
subpoenas and subpoenas duces tecum, and at the request of any party shall
issue such subpoenas. The failure of any witness without legal excuse to appear
or to testify or to produce documents shall be acted upon by the county County
administrator Administrator whose actions may include the procurement of an
Page 20of 22
order of enforcement from the circuit court. Witnesses who are subpoenaed shall
receive the same fees and reimbursement for mileage as in civil actions.
(5) During its review, the county County administrator Administrator shall consider
evidence presented by all parties. After considering the evidence, the county
County administrator's Administrator's decision shall be final.
(b) Appeals.
Final decisions of the county County administratorAdministrator, under this chapter,
shall be subject to judicial review by the county circuit courtRoanoke County Circuit Court,
provided an appeal is filed within thirty (30) days from the date of any written decision
adversely affecting the rights, duties, or privileges of any permit applicant, permittee, or
person subject to any enforcement action under this chapter.
(Ord. No. 022316-7, § 1, 2-23-16)
Sec. 8.1-12. -Civil violations, summons, generally.
(a) The director Director of community developmentdDevelopment sServices, or his or
her assignee, shall prepare an appropriate erosion and sediment control civil violation
summons for use in enforcing the provisions of this chapter.
(b) Any person of the VESCP plan approving authority charged with enforcing this
chapter shall serve upon any owner or permittee in violation of this chapter, a
summons notifying the owner or permittee of said violation. If unable to serve the
owner or permittee in person, the county County may notify by summons an owner
or permittee committing or suffering the existence of a violation by certified, return
receipt requested mail, of the infraction. The county sheriff's officeRoanoke County
Sheriff’s Officemay also deliver the summons. The summons shall contain the
following information:
(1) The name and address of the person charged.
(2) The nature of the violation and chapter provision(s) being violated.
(3) The location, date, and time that the violation occurred, or was observed.
(4)The amount of the civil penalty assessed for the violation.
(5) The manner, location, and time that the civil penalty may be paid to the
countyCounty.
(6) The right of the recipient of the summons to elect to stand trial for the infraction
and the date of such trial.
(c) The summons shall provide that any person summoned for a violation may, within
five (5) days of actual receipt of the summons or, within ten (10) days from the date
of mailing of the summons, elect to pay the civil penalty by making an appearance in
person, or in writing by mail to the Ccounty Ttreasurer's Ooffice and, by such
appearance, may enter a waiver of trial, admit liability, and pay the civil penalty
established for the violation charged and provide that a signature to an admission of
Page 21of 22
liability shall have the same force and effect as a judgment in court; however, an
admission shall not be deemed a criminal conviction for any purpose.
(d) If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the county County shall cause the sheriff of the county County to serve the
summons on the person charged in the manner prescribed by law. The violation shall
be tried in general General district District court Court in the same manner and with
the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any
trial for a scheduled violation authorized by this section, it shall be the burden of the
county County to show the liability of the violator by the preponderance of the
evidence. Any admission of liability, or finding of liability shall not be a criminal
conviction for any purpose.
(e) The remedies provided for in this section are cumulative, and are not exclusive and,
except as provided above, shall be in addition to any other remedies by law.
(f) The owner or permittee may pay the civil penalty to the treasurer prior to the trial
date, provided he also pays necessary court costs in addition to the civil penalty.
(g) Within the time period prescribed in (c), above, the owner or permittee, may contest
the violation by presenting it to the director Director of community
developmentdDevelopment sServices, who shall certify the contest in writing, on an
appropriate form, to the general General district District courtCourt.
(h) Failure to pay the civil penalty, or to contest the violation, within the time period
prescribed in (c), above, shall result in the immediate issuance of a stop work order
and the revocation of the permit, if any.
(Ord. No. 022316-7, § 1, 2-23-16)
Page 22of 22
ACTION NO.
ITEM NO. E.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Ordinance approving a public utility easement to Roanoke
Gas at 2121 and 2131 Cardinal Park Drive (Tax ID number
071.07-03-04.00-0000 and 071.11-01.01.00-0000) in the
Vinton Business Park
SUBMITTED BY: Doug Blount
Director of General Services and Parks, Recreation
APPROVED BY:
County Administrator
ISSUE:
Ordinance approving a public utility easement to Roanoke Gas at 2121 and 2131
Cardinal Park Drive (Tax ID number 071.07-03-04.00-0000 and 071.11-01-01.00-0000)
in the Vinton Business Park
BACKGROUND:
Roanoke Gas requests easements periodically from Roanoke County as gas line
adjustments or a change in service is necessary. Roanoke Gas and Roanoke County
work collectively together on projects when the need arises.
DISCUSSION:
Roanoke Gas has requested a new easement to expand gas service to Montgomery
Village subdivision located in the Vinton Magisterial District. To expand service to
Montgomery Village, a new easement must be approved by Roanoke County and Town
of Vinton in the Vinton Business Park. Town of Vinton has added this item to their July
20, 2021 meeting agenda.
The easement is 22,675 square feet and .5206 acres as documented on the plat
provided by Lumsden and Associates dated 1/4/21. The easement begins in the cul-de-
sac on Cardinal Park Drive. The easement is 20 ft wide and traverses the exterior of the
Page 1 of 2
stormwater basin at 2121 Cardinal Park Drive for 893.32 feet. The easement then
crosses the back side of 2131 Cardinal Park Dr along the Montgomery Village
subdivision boundary for 615.34 feet.
The easement does not impact the development of either parcel. The easement has
been coordinated with Roanoke County Economic Development Department, Roanoke
County Development Services Department and Town of Vinton.
FISCAL IMPACT:
There is no fiscal impact to granting the utility easement.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and setting a second
reading for July 27, 2021.
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, JULY 27, 2021
ORDINANCE APPROVING A PERMANENT PUBLIC UTILITY
EASEMENT TO ROANOKE GAS COMPANY ON TWO PARCELS
OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AND
THE TOWN OF VINTON (TAX MAP NUMBERS 071.07-03-04.00.0000
AND 071.11-01-01.00-0000)
WHEREAS, Roanoke Gas Company periodically requests easements from
Roanoke County as gas line adjustments or a change in service is necessary, and
Roanoke Gas Company and Roanoke County work collectively together on projects when
the need arises; and
WHEREAS, Roanoke Gas Company has requested a new easement to expand
gas service to Montgomery Village subdivision located in the Vinton Magisterial District;
and
WHEREAS, to expand service to Montgomery Village, a new easement must be
approved by Roanoke County and Town of Vinton; and
WHEREAS, Town of Vinton has added this item to their July 20, 2021 meeting
agenda; and
WHEREAS, the easement is 22,675 square feet and .5206 acres as documented
on the plat entitled,
Located on the Property of the Town of Vinton, D.B. 1251, PG. 234, and The Roanoke
County Board of Super
-57, Situated at #2121 & #2131 Cardinal Park
prepared and sealed by Larry Thomas Ogle, Jr. (Lumsden Associates, P.C.); and
WHEREAS, the easement does not impact the development of either parcel; and
Page 1 of 3
WHEREAS, the easement has been coordinated with Roanoke County Economic
Development Department, Roanoke County Development Services Department and
Town of Vinton.
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for conveyance to Roanoke Gas Company for a gas line
easement.
2. That conveyance to the Roanoke Gas Company of a new gas line easement
Plat from Records Showing Two (2) New
, D.B. 1251, PG.
234, and The Roanoke County Board of Supervisors, Instrument #200701817, Detention
-57, Situated at #2121 &
#2131 Cardinal Park Dr., Vinton Magisterial District, Roanoke County, Vir
January 4, 2021, and prepared and sealed by Larry Thomas Ogle, Jr. (Lumsden
Associates, P.C.), a copy of which is attached hereto as Exhibit A, is hereby authorized
and approved.
Page 2 of 3
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on a form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
Page 3 of 3
Prepared by:
Peter S. Lubeck, County Attorney (VSB #71223)
5204 Bernard Drive, P.O. Box 29800
Roanoke, Virginia 24018
Exemptions claimed: Grantors and Grantee are exempted from recordation taxes
and fees pursuant to §58.1-811 and §17.1-266, Code of Virginia (1950), as amended.
Parcel Identification Nos.: 071.07-03-04.00-0000 and 071.11-01-01.00-0000
Property Owners: Town of Vinton and
Board of Supervisors of Roanoke County
THIS DEED OF EASEMENT is entered into this _____ day of July 2021, by and
between the TOWN OF VINTON, VIRGINIA and the BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA ; and ROANOKE GAS COMPANY, a Virginia
corporation ("Grantee").
WITNESSETH
THAT, FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other
good and valuable consideration, paid by Grantee to Grantors, the receipt and sufficiency
of which is hereby acknowledged, the Grantors do hereby grant unto Grantee, its
successors and assigns, two permanent easements to construct, install, operate, repair,
replace, and maintain a gas pipeline (with appliances and accessories useful and
necessary in connection therewith) over, under, through and across its land in the Town of
Vinton and County of Roanoke, in the State of Virginia, and being more described as
follows:
Two 20' wide gas line easements, ten feet on each side of the gas line; the
Grantorsperty as designated in the County of
Roanoke land records as Tax ID #071.07-03-04.00-0000 and #071.11-01-
01.00-0000, further identified as 2121 and 2131 Cardinal Park Drive, Vinton,
VA 24179; and being shown on the plat
of Vinton D.B. 1251, PG. 234, and The Roanoke County Board of
Prepared by:
Peter S. Lubeck, County Attorney (VSB #71223)
5204 Bernard Drive, P.O. Box 29800
Roanoke, Virginia 24018
-57, Situated at #2121 & #2131
dated January 4, 2021, and prepared and sealed by Larry Thomas Ogle, Jr.
(Lumsden Associates, P.C.) and being attached as Exhibit A.
WITNESS the following signature and seals:
GRANTOR:
TOWN OF VINTON
By: __________________________________
Printed name/title: ______________________
COMMONWEALTH OF VIRGINIA )
CITY/COUNTY OF ______________ ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of July 2021
by ___________________.
My commission expires: ____________
_________________________________
Notary Public
Registration No. ______ (SEAL)
\[Remainder of page intentionally left blank.\]
Prepared by:
Peter S. Lubeck, County Attorney (VSB #71223)
5204 Bernard Drive, P.O. Box 29800
Roanoke, Virginia 24018
GRANTOR:
BOARD OF SUPERVISORS OF ROANOKE
COUNTY
By: __________________________________
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of July 2021
.
My commission expires: ____________
_________________________________
Notary Public
Registration No. ______ (SEAL)
\[Remainder of page intentionally left blank.\]
Prepared by:
Peter S. Lubeck, County Attorney (VSB #71223)
5204 Bernard Drive, P.O. Box 29800
Roanoke, Virginia 24018
GRANTEE:
ROANOKE GAS COMPANY
By: __________________________________
Printed name/title: ______________________
COMMONWEALTH OF VIRGINIA )
CITY/ COUNTY OF ___________ ) to-wit:
The foregoing instrument was acknowledged before me this _____ day of July 2021
by ________________________.
My commission expires: ____________
_________________________________
Notary Public
Registration No. ______ (SEAL)
\[Remainder of page intentionally left blank.\]
ACTION NO.
ITEM NO. E.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Ordinance amending Article I (General Provisions), Article II,
(Definitions and Use Types), Article III (District Regulations),
Article IV (Use and Design Standards) and Article V
(Development Standards) of the Roanoke County Zoning
Ordinance
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY:
County Administrator
ISSUE:
First reading of an ordinance to amend the Roanoke County Zoning Ordinance.
BACKGROUND:
Planning staff continually works with the Planning Commission on reviewing the
County's development regulations and recommending amendments when appropriate.
DISCUSSION:
During the past six months, planning staff has worked with the Planning Commission on
proposed amendments to the County's Zoning Ordinance. Amendments are proposed
in all five (5) articles of the Zoning Ordinance. The proposed amendments would
correct inconsistencies, update information, add, revise and delete definitions, and add,
revise and delete regulations.
The proposed amendments would: amend Sec. 30-14 Amendments to Ordinance in
Article I (General Provisions); add definitions for processing or manufacturing and
slaughterhouse, amend the definition for industry, type I, and delete the definition for
meat packing and related industries in Article II (Definitions and Use Types); amend the
maximum height limitation for principal structures in the R-3 Medium Density Multi-
Page 1 of 2
family Residential District, add agritourism as a permitted use in the I-1 Low Intensity
Industrial District, add agritourism and slaughterhouse as permitted uses, and delete
meat packing and related industries as a permitted use in the I-2 High Intensity
Industrial District in Article III (District Regulations); amend the use and design
standards for agritourism, home occupations, type I and type II, and multi-family
dwelling in Article IV (Use and Design Standards); amend several sections in Sec. 30-
91 Off Street Parking, Stacking and Loading including the location of parking, computing
required spaces, minimum parking required, shared parking, and stacking spaces and
drive-through facilities, amend Sec. 30-92-6(C) dealing with landscaping in parking
areas, and amend two sections of Sec. 30-93 Signs dealing with the calculation of
allowable sign area on corner lots, and special signage districts and regulations for
shopping centers in Article V (Development Standards).
The Planning Commission held a public hearing on the proposed amendments on July
6, 2021. One citizen called in during the 10-minute recess portion of the public hearing
to express her thanks to the Planning Commission and staff on the dog grooming home
occupation amendment. The Planning Commission recommends approval of the
The Board of Supervisors held a work session on June 22, 2021. During the work
session, the Board raised concerns about a number of amendments which granted
discretion to the Zoning Administrator without including parameters for the Zoning
Administrator to consider in the exercise of such discretion. As a result, the County
Attorney's Office shared with staff ideas for additional language to remedy the Board's
concerns. The County Attorney's Office will continue to work with staff to implement the
Board's preferred changes before the second reading of this ordinance.
FISCAL IMPACT:
There is no funding issue on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the first reading of the
ordinance to amend the Roanoke County Zoning Ordinance and schedule the public
hearing and second reading for July 27, 2021.
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, JULY 27, 2021
ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS),
ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT
REGULATIONS), ARTICLE IV (USE AND DESIGN STANDARDS), AND
ARTICLE V (DEVELOPMENT STANDARDS) OF THE ROANOKE
COUNTY ZONING ORDINANCE
WHEREAS, planning staff has worked with the Planning Commission on proposed
amendments to Roanoke
WHEREAS, planning staff and the Planning Commission propose amendments to
all five (5) articles of Zoning Ordinance; and
WHEREAS, on July 6, 2021, after proper notice, the Roanoke County Planning
Commission held a public hearing on the proposed amendments to the Roanoke County
Zoning Ordinance and recommended said amendments to the Board of Supervisors for
adoption; and
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading and public hearing were held on July 27, 2021.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors as follows:
1. The Roanoke County Zoning Ordinance is hereby amended to read and
provide as follows:
ARTICLE I GENERAL PROVISIONS
Page 1 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
SEC. 30-14. AMENDMENTS TO ORDINANCE.
(B) The administrator shall establish and maintain the amendment application
materials initiated by a petition pursuant to Section 30-14(A)(3). These
application materials shall, at a minimum, include any information the
administrator deems necessary for the commission and board to adequately
evaluate the amendment request. A concept plan shall accompany all map
amendment requests initiated by a petition pursuant to Section 30-14(A)(3).
Standards for concept plans are found in a document entitled Land Development
Procedures, available in the department of development services.
(C) Upon submission of an application for an amendment to the administrator
pursuant to Section 30-14(A)(3), including any application fee, the administrator
shall, within ten (10) days, determine whether it is substantially complete. If the
application is not substantially complete, then the administrator shall notify the
applicant in writing of the materials that must be submitted to complete the
application. Nothing herein shall be construed to prohibit the administrator,
commission, or board from requesting, or the applicant from submitting, such
other and further information as may be necessary to analyze the application
fully.
(CD) The administrator shall not accept any amendment application for a lot or parcel
that does not comply with the minimum lot area, width, or frontage requirements
of the requested zoning 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 for the
consideration of the commission and board. In considering their recommendation
and in making the final decision of whether to grant or deny an amendment
initiated pursuant to Section 30-14(A)(3), the administrator, commission, and
board shall give the following factors reasonable consideration. The applicant
should address all of the following in its statement of justification or concept plan
if applicable, in addition to any other standards imposed by this ordinance:
1. The existing use and character of the property.
2. The comprehensive plan.
3. The suitability of property for various uses.
4. The trends of growth or change.
5. The current and future requirements of the community as to land for
various purposes as determined by population and economic studies and
other studies.
6. The transportation requirements of the community.
Page 2 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
7. The requirements for airports, housing, schools, parks, playgrounds,
recreation areas and other public services.
8. The conservation of natural resources, the preservation of flood plains, the
protection of life and property from impounding structure failures, the
preservation of agricultural and forestal land and the conservation of
properties and their values.
9. The encouragement of the most appropriate use of land throughout the
locality.
10. Any other matter reasonably related to the public necessity, convenience,
general welfare, or good zoning practice.
(DE) If any amendment application initiated pursuant to Section 30-14(A)(3) is
withdrawn at the request of the applicant subsequent to the commission's
recommendation on the application, or if the board denies any amendment
application submitted for its review, the county shall not consider substantially the
same application for the same property within one (1) year of the application's
withdrawal or the board's action. The administrator shall have the authority to
determine whether new applications submitted within this one (1) year period are
substantially the same. In making any such determination the administrator shall
have the authority to consider any items pertaining to the proposed use or
development of the site such as, but not limited to, the uses proposed, densities,
access, building locations, and overall site design.
(EF) An amendment application initiated pursuant to Section 30-14(A)(3) may be put
on hold upon written request of the applicant at any time. This hold shall not
exceed six (6) months. The applicant shall make a written request to the zoning
administrator to reactivate the amendment application. Should the application not
be reactivated, it shall be considered withdrawn and subject to the requirements
of (DE) above.
Sec. 30-14-1. Commission Study and Action.
(A) All proposed amendments to the zoning ordinance initiated by a petition under
Section 30-14(A)(3) shall be referred by the board to the commission for study
and recommendation, based upon the factors enumerated in Section 30-14(D).
The commission shall study proposals to determine:
1. The need and justification for the change.
2. When pertaining to a change in the district classification of property, the
effect of the change, if any, on the property, surrounding property, and on
public services and facilities. In addition, the commission shall consider
Page 3 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
the appropriateness of the property for the proposed change as related to
the purposes set forth at the beginning of each district classification.
3. The relationship of the proposed amendment to the purposes of the
general planning program of the county, with appropriate consideration as
to whether the change will further the purposes of this ordinance and the
general welfare of the entire community.
4. Whether the proposed amendment conforms to the general guidelines and
policies contained in the county comprehensive plan.
(B) The administrator shall transmit the application initiated by Section 30-14(A)(3) to
the commission, along with a staff report analyzing and making a
recommendation on the application based upon the factors enumerated in
Section 30-14(D). Prior to making any recommendation to the board on a
proposed amendment to the zoning ordinance, the commission shall advertise
and hold a public hearing in accord with the provisions of section 15.2-2204 of
the Code of Virginia, as amended. The cost of all public advertisements shall be
the responsibility of the applicant.
(C) The commission shall hold a public hearing review the proposed amendment and
report its findings and recommendations to the board along with any appropriate
explanatory materials not later than one hundred (100) days following its next
meeting following submission of a complete application pursuant to Section 30-
14(A)(3) to the administrator, unless such time period is extended by written
agreement between the applicant and the commission. The cost of all public
advertisements shall be the responsibility of the applicant. within ninety (90)
days from the date that the proposed zoning ordinance amendment is referred to
the commission. Failure of the commission to report to the board within ninety
(90) days shall be deemed a recommendation of approval. If the commission
does not report within ninety (90) days, the board may act on the amendment
without the recommendation of the commission.
Sec. 30-14-2. Board Study and Action.
(A) Before enacting any proposed amendment to the zoning ordinance initiated
pursuant to Section 30-14(A)(3), the board shall hold a public hearing and make
a final decision on the application no later than twelve (12) months following
submission of a complete application to the administrator, unless such time
period is extended by written agreement of the applicant. as required by section
15.2-2204 of the Code of Virginia, as amended. The cost of all public
advertisements shall be the responsibility of the applicant. After holding this a
public hearing, the board may make appropriate changes to the proposed
amendment; provided however that no land may be zoned to a more intensive
use classification than was contained in the public notice without an additional
Page 4 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
public notice as required by section 15.2-2204 law. Amendment to the zoning
ordinance shall be by ordinance of the board.
(B) The clerk of the board shall transmit to the administrator official notice of any
Bboard action modifying the zoning ordinance. The administrator shall thereafter
have the responsibility to make any necessary and appropriate changes to the
zoning ordinance text or map.
ARTICLE II DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Processing or manufacturing: The process and converting of raw, unfinished
materials or
products, into articles of substances of different character, or for a different purpose.
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-6. Industrial Use Types.
Industry, Type I: Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and products,
from processed or previously manufactured materials. Included would be assembly
electrical appliances, bottling and printing plants, and the manufacturing of paint, oils,
pharmaceuticals, cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable,
food and tobacco products, solvents and other chemical production of items made of
stone, metal or concrete. This definition includes the further processing of meat
products.
Meat packing and related industries: The processing of meat products and
byproducts directly from live animals or offal from dead animals.
Slaughterhouse: A place where livestock is slaughtered and may be cut,
packaged and/or processed.
ARTICLE III DISTRICT REGULATIONS
SEC. 30-45. R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
Sec. 30-45-3. Site Development Regulations.
Page 5 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
General Standards. For additional, modified, or more stringent standards for specific
uses, see Article IV, Use and Design Standards.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
i. When adjoining property zoned R-1 or R-2, 45 feet, including
rooftop mechanical equipment. The maximum height may be
increased, provided each required side and rear yard
adjoining the R-1 or R-2 district is increased 2 feet for each
foot in height over 45 feet to a maximum height of 60 feet. In
all other locations, the maximum height is 60 feet.
ii. In the study areas of the 419 Town Center Plan, the Hollins
Center Plan, and the Oak Grove Center Plan:
(a) 75 feet; or
(b) 65 feet above the top of structured parking, whichever
is greater.
(c) The maximum height may be increased if a special
use permit is granted by the board of supervisors.
b. Accessory structures: 15 feet, or 25 feet provided they comply with
the setback requirements for principal structures.
SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT.
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
Agritourism *
Page 6 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30-62-2. 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
Agritourism *
5. Industrial Uses
Meat Packing and Related Industries
Slaughterhouse
ARTICLE IV USE AND DESIGN STANDARDS
SEC. 30-81. AGRICULTURAL AND FORESTRY USES.
Sec. 30-81-1.5. Agritourism.
(C) In the I-1 and I-2 zoning districts, the principal use of the property shall be
agriculture.
SEC. 30-82. RESIDENTIAL USES.
Sec. 30-82-3. Home Occupations, Type I and Type II.
(B) General standards:
10. Pet grooming may be allowed as a home occupation. It shall be limited to
one (1) customer at a time, and a maximum of eight (8) animals per day.
Any animals associated with this permitted home occupation must be kept
indoors.
(C) Additional standards for all Type I home occupations:
1. The maximum floor area permitted for a home occupation shall be ten (10)
percent of the finished floor area of the dwelling unit. Storage of goods or
Page 7 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
products shall not exceed five (5) percent of the finished floor area., or 250
square feet, whichever is greater.
2. Home occupations shall be confined to the primary dwelling. To conduct a
home occupation in an accessory building, a special use permit shall be
obtained from the board of supervisors pursuant to Section 30-19. The
home occupation shall be conducted entirely within the interior of the
principal residential structure or within an accessory structure located on
the property.
4. There shall be no display or storage of goods or products visible from the
public right-of-way or adjacent property.
5. The sale of goods or products or providing services which involve the
consumer coming to the premises shall be limited to no more than ten (10)
customers or clients per day. Baby sitting for five (5) or less children shall
be permitted.
6. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
74. No sign may be placed on the property advertising the home occupation.
85. No advertising through local media, including telephone books, flyers, and
the internet shall call attention to the residential address of the home
occupation.
(D) Additional standards for all Type II home occupations:
1. The maximum floor area permitted for a home occupation shall be twenty-
five (25) percent of the finished floor area of the dwelling unit. Storage of
goods or products shall not exceed ten (10) percent of the finished floor
area., or 500 square feet, whichever is greater.
3. An accessory building or structure may be used with the home occupation,
provided that the total floor area devoted to the home occupation in the
accessory structure and dwelling unit does not exceed twenty-five (25)
percent of the finished floor area of the dwelling unit. The home
occupation shall be conducted entirely within the interior of the principal
residential structure or within an accessory structure located on the
property.
4. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
Page 8 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
54. One (1) non-illuminated sign, a maximum of two (2) square feet in area,
shall be permitted per dwelling, regardless of the number of home
occupations within the dwelling. Any sign must conform with the provisions
of section 30-93 of the zoning ordinance.
Sec. 30-82-11. Multi-family Dwelling.
(D) Additional standards in the R-3 district:
1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the
first dwelling unit, plus three thousand six hundred thirty (3,630) two
thousand four hundred twenty (2,420) square feet for each additional unit.
2. Maximum density: Twelve (12) Eighteen (18) dwelling units per acre.
(F) General standards in the C-1 and C-2 districts, independent of the general
standards above:
3. In the study areas of the 419 Town Center Plan, the Hollins Center Plan,
and the Oak Grove Center Plan, the multi-family use may account for up
to seventy-five (75) percent of the gross floor area on the site. A special
use permit shall be required if the multi-family use accounts for more than
seventy-five (75) percent of the gross floor area on the site.
ARTICLE V DEVELOPMENT STANDARDS
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-2. General Parking Regulations.
Sec. 30-91-2.3. Location of Parking.
(C) All required off-street parking spaces shall be located on the same lot as the
structure or use, except under the following conditions:
2. Such required spaces are within five hundred (500) seven hundred fifty
(750) feet walking distance of a building entrance or use and such spaces
do not require pedestrians to cross a road with a speed limit of thirty-five
(35) miles per hour or greater from the closest parking space in the
parking lot which is to be used and allow for safe, convenient walking for
most parkers, including pedestrian crossings, signage, and adequate
lighting. The zoning administrator may increase the maximum distance
after sufficient evidence is presented that this expansion will not affect
public safety or depart from sound engineering and design standards.
Page 9 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Sec. 30-91-3. Number of Parking Spaces Required.
Sec. 30-91-3.1. Computing Required Spaces.
(F) Unlisted use types: The zoning administrator shall determine the parking
requirement for use types not listed in table 30-91a. In such instances, the
administrator shall determine the number of spaces to be provided based on
requirements for similar uses, location of the proposed use, expected demand
and traffic generated by the proposed use, and appropriate traffic engineering
and planning criteria and information. Determination of requirements may be
appealed to the board of zoning appeals. All use types not listed within section
30-91-3.3 shall have no minimum parking requirement.
(G) In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the
Oak Grove Center Plan, the zoning administrator may allow a reduction in the
to provide documentation in support of such a reduction. The zoning
administrator may request additional materials as necessary.
Sec. 30-91-3.3. Minimum Parking Required.
USE TYPE PARKING REQUIRED
(A) Agricultural and Forestry Use
Types
Agriculture No requirement
Agritourism No requirement
Commercial Feedlots No requirement
Farm Brewery; Farm Distillery; See Schedule B
Farm Winery
Farm Distillery See Schedule B
Farm Employee Housing 2 spaces per dwelling unit
Farm Winery See Schedule B
Forestry Operations No requirement
Stable, Private No requirement
Stable, Commercial 1 space per employee, plus 1
space for every 4 animals stabled
Wayside Stand 1 space per 100 sq. ft. 10 spaces
per 1,000 square feet; 3 spaces
minimum
(B) Residential Use Types* *Guest parking may be
constructed with permeable or
pervious pavers
Accessory Apartment; 1 additional space
Manufactured Home, Accessory
Page 10 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Home Beauty/Barber Salon 1 space per chair customer
Home Occupation, Type I & Type See Section 30-82-3 (B) 5 4
II
Manufactured Home 2 spaces per dwelling unit
Manufactured Home, Accessory 1 additional space
Manufactured Home, Emergency No requirement
Manufactured Home Park 2 spaces per dwelling unit
Multi-family Dwelling; Townhouse 1.5 spaces per one-bedroom
dwelling unit; 2 spaces per
dwelling unit with two or more
bedrooms
Multiple Dog Permit No Requirement
Residential Human Care Facility 2 spaces per facility
Single Family Dwelling; Two 2 spaces per dwelling unit
Family Dwelling; Manufactured
Home; Manufactured Home Park;
Manufactured Home Subdivision
Townhouse 2 spaces per dwelling unit
Two Family Dwelling 2 spaces per dwelling unit
(C) Civic Use Types
Administrative Services 3.5 spaces per 1,000 square feet,
plus 1 space per vehicle based at
facility
Adult Care Residencies; Camps; See Schedule B
Cemetery; Community Recreation;
Correction Facilities; Day Care
Center; Educational Facilities,
College/University; Life Care
Facility; Public Parks and
Recreation Areas; Utility Services,
Major
Cemetery See Schedule B
Clubs 1 space per 3 persons based on
maximum occupancy
Community Recreation See Schedule B
Correction Facilities See Schedule B
Crisis Center 1 space per 2 persons of
residential capacity
Cultural Services; Guidance 1 space per 300 square feet 3
Services spaces per 1,000 square feet
Day Care Center 1 space per employee, plus 1
space per 20 students, plus 1
space for each vehicle associated
with facility
Page 11 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Educational Facilities, See Schedule B
College/University
Educational Facilities, See Schedule B, but no less than
Primary/Secondary 1 space per employee, plus 1
space per each 4 students in 11th
and 12th grades
Family Day Care Home 1 space per non-resident
employee 2 spaces per facility
Guidance Services 1 space per 250 sq. ft.
Halfway House 1 space per 2 persons of
residential capacity
Life Care Facility See Schedule B
Nursing Home 1 space per 4 beds residents, plus
1 space for each employee
Park and Ride Facility No requirement
Post Office; Public Maintenance See Schedule A
and Service Facilities
Public Assembly 1 space per 4 persons based on
maximum occupancy seats or
similar accommodations provided
Public Maintenance and Service See Schedule A
Facilities
Public Parks and Recreational See Schedule B
Areas
Safety Services 3 spaces per vehicle based at
facility
Religious Assembly 1 space per 4 seats in principal
place of worship
Utility Services, Minor No requirement
Utility Services, Major See Schedule B
(D) Office Use Types
Financial Institutions 3.5 spaces per 1,000 sq. ft. square
feet, plus required stacking spaces
General Office; Laboratories 3 spaces per 1,000 sq. ft. square
feet
Medical Office 4.5 spaces per 1,000 sq. ft. square
feet
Laboratories 1 space per 1.5 employees based
on maximum occupancy load, plus
1 per company vehicle
(E) Commercial Use Types
Adult Business; Business Support 3 spaces per 1,000 square feet
Services; Consumer Repair
Services; Pawn Shop; Personal
Page 12 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Improvement Services; Personal
Services; Surplus Sales
Agricultural Services; Automobile See Schedule A
Dealership; Automobile
Rental/Leasing; Automobile
Parts/Supply, Retail; Construction
Sales and Services; Equipment
Sales and Rental; Garden Center;
Gasoline Station; Recreational
Vehicle Sales and Service
Antique Shops; Kennel, 1 space per 600 square feet 1.5
Commercial spaces per 1,000 square feet
Automobile Dealership See Schedule A
Automobile Repair Services, 1 2.5 spaces per service bay, plus
Major; Automobile Repair 1 space per employee
Services, Minor
Automobile Repair Services, Minor 1 space per service bay, plus 1
space per employee
Automobile Rental/Leasing See Schedule A
Automobile Parts/Supply, Retail See Schedule A
Bed and Breakfast; Boarding 1 space per guest accommodation,
House plus 2 spaces per permanent
residence
Boarding House 1 space per guest accommodation,
plus 2 spaces per permanent
residence
Business Support Services 3 spaces per 1,000 sq. ft.
Business or Trade Schools; Bed See Schedule B, but no less than
and Breakfast Inn; Campgrounds; 1 space per 4 students
Car Wash; Commercial Indoor
Sports and Recreation;
Commercial Outdoor Sports and
Recreation; Commercial Outdoor
Entertainment; Country Inn;
Funeral Services; Manufactured
Home Sales; Marina; Special
Events Facility; Studio, Fine Arts;
Truck Stop
Campgrounds 1 space at each campsite, plus
spaces required for other uses
Car Wash 1 space per employee plus
required stacking spaces
Commercial Indoor Amusement; 1 space per 3 4 persons based on
Commercial Indoor Entertainment maximum occupancy load
Page 13 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Commercial Indoor Entertainment 1 space per 4 seats or similar
accommodations, plus 1 space per
2 employees
Commercial Indoor Sports and
Recreation
Bowling Alley 4 spaces per alley, plus 1 space
per employee
Swimming Pool 1 space per 100 sq. ft. of water
surface
Tennis and Other Court Games 3.5 spaces per court
Other Indoor Sports 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Commercial Outdoor 1 space per 3 persons based on
Entertainment maximum occupancy load, plus 1
space per employee
Commercial Outdoor Sports and
Recreation
Miniature Golf 1.5 spaces per hole
Swimming Pool 1 space per 100 sq. ft. of water
surface
Tennis and Other Court Games 3.5 spaces per court
Other Outdoor Sports 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Communications Services 1 space per 300 square feet, plus
1 space per company vehicle 4
spaces per 1,000 square feet
Construction Sales and Services See Schedule A
Consumer Repair Services 1 space per 300 square feet
Convenience Store 5 spaces per 1,000 sq. ft. square
feet
Dance Hall 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Equipment Sales and Rental See Schedule A
Fuel Center 1 space per employee, plus
required stacking space
Funeral Home 1 space per 4 seats in main
chapel, plus 1 space per 2
employees, plus 1 space per
company vehicle
Garden Center See Schedule A
Gasoline Station 1 space per employee, plus
required stacking spaces
Page 14 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Golf Course 5.5 4 spaces per hole, plus spaces
as required for other auxiliary uses
Hospital 1 space per 2 beds, plus 1 space
per employee 1.5 spaces per bed
Hotel/Motel/Motor Lodge 1 space per guest accommodation,
plus spaces as required for other
uses
Kennel, Commercial 1 space per 600 sq. ft.
Laundry 2 spaces per 1,000 sq. ft. square
feet
Manufactured Home Sales See Schedule B
Mini-warehouse 2 spaces for live-in manager, plus
2 spaces for the first 100 storage
spaces plus 1 for each additional
100 storage units
Outpatient Mental Health and 4 spaces per 1,000 square feet
Substance Abuse Center
Pawn Shop 1 space per 300 sq. ft.
Personal Improvement Services 1 space per 300 sq. ft.
Personal Services 1 space per 300 sq. ft.
Recreational Vehicle Sales and See Schedule A
Service
Restaurant, General; Restaurant, 10 per 1,000 square feet 1 space
Drive-In or Fast Food per 4 seats, plus 1 space per 2
employees; or, with night-time
entertainment or non-fixed seating,
1 space per 3 persons based on
maximum occupancy load
Restaurant, Drive-in Or Fast Food
With seats 1 space per 4 seats, plus 1 space
per 4 employees, plus required
stacking space
Without seats 1 space per 100 sq. ft., plus
required stacking space
Retail Sales
Shopping center 4 spaces per 1,000 sq. ft. square
feet
All others 1 space per 300 sq. ft. 3 spaces
per 1,000 square feet
Studio, Fine Arts See Schedule B
Short-Term Rental 2 spaces per dwelling unit
Surplus Sales 1 space per 100 sq. ft. of sales
area accessible to the public
Truck Stop See Schedule B
Page 15 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
Veterinary Hospital/Clinic 3 2.5 spaces per 1,000 sq. ft.
square feet
(F) Industrial Use Types
Asphalt Plant; Landfill, See Schedule B
Construction Debris; Landfill,
Rubble; Landfill, Sanitary; Railroad
Facilities; Transfer Station;
Transportation Terminal; Truck
Terminal; Resource Extraction
Construction Yards; Custom See Schedule A
Manufacturing; Industry, Type III;
Scrap and Salvage Services;
Warehousing and Distribution
Custom Manufacturing See Schedule A
Industry, Type I; Industry, Type II; 1 space per 1,000 sq. ft. square
Slaughterhouse feet
Industry, Type II 1 space per 1,000 sq. ft.
Industry, Type III See Schedule A
Landfill, Construction Debris See Schedule B
Landfill, Rubble See Schedule B
Landfill, Sanitary See Schedule B
Meat Packing Industries 1 space per employee
Railroad Facilities See Schedule B
Recycling Centers/Stations See required stacking spaces
Resource Extraction 1 space per employee
Scrap and Salvage Services See Schedule A
Transfer Station See Schedule B
Transportation Terminal See Schedule B
Truck Terminal See Schedule B
Warehousing and Distribution See Schedule A
(G) Miscellaneous Use Types
Aviation Facilities, Private; Aviation See Schedule B
Facilities, General; Outdoor
Gathering; Shooting Range,
Outdoor; Wind Energy System,
Large; Wind Energy System, Utility
Aviation Facilities, General See Schedule B
Broadcasting Tower 2 spaces per tower
Outdoor Gathering See Schedule B
Parking Facility, Surface/Structure No requirement
Shooting Range, Outdoor See Schedule B
Schedule A
Page 16 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
The schedule sets forth minimum parking requirements for uses with elements having
different functions or operating characteristics.
FUNCTION OF ELEMENT REQUIREMENT
Office or Administrative Activity 3 spaces per 1,000 sq. ft. square feet
Indoor Sales, Display or Service Area 1 space per 500 sq. ft. 2 spaces per
1,000 square feet
Motor Vehicle Service Bays 2 spaces per service bay
Outdoor Sales, Display or Service Area 1 space per 2,000 sq. ft. 0.5 spaces
per 1,000 square feet
General Equipment Servicing or 1 space per 1,000 sq. ft. square feet
Manufacturing
Indoor or Outdoor Storage or 1 space per 5,000 sq. ft. 0.2 spaces
Warehousing per 1,000 square feet
Schedule B
Specific requirements shall be determined by the administrator based on requirements
for similar uses, location of proposed use, expected demand and traffic generated by
the proposed use, and appropriate traffic engineering and planning criteria and
information.
information. The zoning administrator may request additional materials as necessary.
Determination of requirements may be appealed to the board of zoning appeals.
Sec. 30-91-3.5. Shared Parking.
(A) Shared parking is encouraged for different structures or uses, or for mixed uses,
in any zoning district. At the applicant's request, shared parking may be provided,
subject to the following conditions:
1. A reciprocal deeded agreement has been executed by all the parties
concerned that assures the perpetual joint use of such common parking, a
copy of which has been submitted as part of the Site Plan Review
Process. If the conditions for shared parking become null and void and the
shared parking arrangement is discontinued, the applicant must then
provide written notification of the change to the zoning administrator and,
within sixty (60) days of that notice, provide a remedy satisfactory to the
zoning administrator to provide adequate parking.
2. A parking study has been submitted that supports a reduction in parking
spaces provided. The study shall include but is not limited to:
Page 17 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
a. The type and hours of operation and parking demand, for each use,
b. A site plan displaying shared use spaces in the lot and walking
distance to the uses sharing the lot,
c. A description of the character of land use and parking patterns of
adjacent land uses, and
d. An estimate of anticipated turnover in parking space use over the
course of 12 to 24 hours at the site.
32. Parking spaces to be shared must not be reserved for individuals or
groups on a 24-hour basis.
43. Uses sharing the parking facility do not need to be contained on the same
lot, but shall be a maximum of five hundred (500) seven hundred fifty
(750) feet from the closest parking space in the parking lot which is to be
used and allow for safe, convenient walking for most parkers, including
safe pedestrian crossings, signage, and adequate lighting. The zoning
administrator may increase the maximum distance after sufficient
evidence is presented that this expansion will not affect public safety or
depart from sound engineering and design principles.
5. If the conditions for shared parking become null and void and the shared
parking arrangement is discontinued, this will constitute a violation of
zoning regulations for any use approved expressly with shared parking.
The applicant must then provide written notification of the change to the
Zoning Administrator and, within sixty (60) days of that notice, provide a
remedy satisfactory to the Zoning Administrator to provide adequate
parking.
(B) Where shared parking is provided among a mix of land uses, the Zoning
Administrator may allow the following, at the applicant's request: a reduction in
the total number of required parking spaces. It shall be the applicant
responsibility to provide documentation in support of such a reduction. The
zoning administrator may request additional materials as necessary.
1. Up to thirty (30) percent of the parking spaces required for the
predominant use on a site may be shared with other uses operating during
the same time of day and days of the week. The predominant use is
considered to be that which requires the most parking of those sharing the
parking facilities. The predominant use, identified for parking calculations,
may not necessarily be the primary use as defined in this ordinance.
Page 18 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
2. Up to fifty (50) percent of the parking spaces required for uses such as
theaters, public auditoriums, bowling alleys, nightclubs, movie theaters,
and similar predominantly evening uses may be shared with uses such as
banks, offices, and similar predominantly daytime uses.
3. Up to sixty (60) percent of the parking spaces required for uses such as
churches and other uses predominately in operation during the weekend
may be shared with uses such as medical offices, banks, and other similar
uses predominantly in operation on weekdays.
Sec. 30-91-6. Stacking Spaces and Drive-Through Facilities.
(A) Stacking spaces shall be provided for any use having a drive-through facility or
areas having drop-off and pick-up areas. The following general standards shall
apply to all stacking spaces and drive-through facilities:
3. All drive-through facilities shall be provided with a bypass lane with a
minimum width of ten (10) feet.
43. Alleys or driveways in residentially zoned areas adjacent to drive-through
facilities shall not be used for circulation of customer traffic.
54. Each stacking space shall be a minimum of ten (10) feet by twenty (20)
feet.
SEC. 30-92. SCREENING, LANDSCAPING, AND BUFFER YARDS.
Sec. 30-92-6. Applicability of Regulations and Requirements.
(C) Parking areas.
3. Islands. (See the Roanoke County Design Handbook for additional detail)
c. At the intersection of two (2) or more aisles, required trees and
shrubs shall be planted and maintained so as to preserve sight
distance as determined by the zoning administrator.
SEC. 30-93. SIGNS.
Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots.
(C) On corner lots where a building or buildings face more than one (1) street, sign
area shall be allowed for front lineal footage as indicated in the district
regulations, and for one-half (½) the side street frontage, provided:
Page 19 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
1. The side street does not front on a primarily residential area;.
2. Sign area as determined by each frontage is placed only on the frontage
from which it is determined. Shopping centers exceeding two hundred
fifty thousand (250,000) square feet of gross floor area shall be exempt
from this regulation.
Sec. 30-93-14. Special Signage Districts and Regulations.
(B) Shopping Centers. Within shopping centers exceeding two hundred fifty
thousand (250,000) square feet of gross floor area, businesses that request sign
permits for lots that meet or exceed their allowable sign allocation shall be
allowed a maximum of one hundred (100) square feet of attached signage.
Square footage that existed prior to the adoption of this ordinance, new or
existing businesses may modify or replace their existing attached signs provided
the area of the modified or new signage is equal to or less than the original
displayed signage. Modifications to freestanding signs shall be in accord with the
district regulations.
In addition, notwithstanding the provisions of section 30-93-13(E)2., within
enclosed shopping centers exceeding two hundred fifty thousand (250,000)
gross floor area, businesses that request sign permits for lots that meet or
exceed their allowable sign allocation shall be allowed a maximum of one
hundred (100) square feet of signage, provided the business has a minimum
gross floor area of thirty-two thousand (32,000) square feet, and the sign
displayed shall be located a minimum of three hundred (300) feet from the
closest public right-of-way.
2. That this ordinance shall be in full force and effect from and after its
adoption.
Page 20 of 20
Note: Text additions are in red font. Text deletions are in red font and are struck through.
ACTION NO.
ITEM NO. E.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Ordinance 1) accepting and appropriating $355,000.64 in
grant funding from the Virginia Department of Emergency
Management (VDEM) to the County's grant fund for
technology upgrades to the County's NG9-1-1 Public Safety
Answering Points (PSAP), and 2) reallocating $95,000 (from
the Communications /IT administrative fund) and $65,959.32
(from the Communications shop fund) to the grant fund to
further finance such technology upgrades
SUBMITTED BY: Susan Slough
Assistant Director of Communications andTechnology
APPROVED BY:
County Administrator
ISSUE:
Ordinance 1) accepting and appropriating funds in the amount of $355,000.64 from the
Commonwealth of Virginia 9-1-1 Services Board (an award from the Virginia
Department of Emergency Management) to the County's grant fund for technology
upgrades to the County's NG9-1-1 Public Safety Answering Points (PSAP), and 2)
reallocating $95,000 (from the Communications/ IT administrative fund) and $65,959.32
(from the Communications shop fund) to further finance such technology upgrades.
BACKGROUND:
The Virginia Department of Emergency Management (VDEM) is urging localities to
update the technology of their phone systems to Next Generation 911 (NG9-1-1)
technology, and the Commonwealth of Virginia 9-1-1 Services Board (Services Board)
has awarded the County of Roanoke a total of $420,286.70 as outlined in the attached
award letter. Of this amount, $65,286.06 was paid directly by the Services Board on
behalf of the County of Roanoke which leaves a remaining balance of $355,000.64 in
grant assistance for the remaining project costs.
Page 1 of 3
The current phone system (Intrado 9-1-1 Viper) was installed in 2013 with an expected
7-year life span. Under this phone system, when an emergency call is made, the phone
number used to make the call is associated with 1 place (such as a residence) and
several people (such as the occupants of a residence).
Conversely, when an emergency call is made through an NG 9-1-1 system, the phone
number used to make the call is associated with 1 person and multiple locations
(accounting for the differences between outdated telephone land-line technology and
modern cellular phone technology).
Replacement of the 9-1-1 phone system call handling equipment (CHE) with the new
upgrade will be 9-1-1 compliant and is expected to again have a 7-year life span.
DISCUSSION:
Replacement of the 9-1-1 phone system call handling equipment (CHE) was planned as
part of the Adopted FY 2022 - FY 2031 Capital Improvement Program. In FY 2023, the
project was planned to receive $200,000 in grant funding and an additional $294,000 in
County unrestricted cash, for a total project cost of $494,000 since the system was at
the end of its expected useful life.
County staff applied for the grant with the Virginia 9-1-1 Services Board to implement
NG 9-1-1 technology, which includes replacement of Call Handling Equipment (CHE) in
anticipation of the project. The grant has been approved earlier than anticipated which
has expedited the timeline of the project.
The grant includes $200,000 for the hardware cost of the CHE equipment, $15,000 for
additional costs related to the connectivity of the equipment, and $140,000.64 to help
offset the increase in operating costs through fiscal year 2023 for a total of $355,000.64
to be received by the County of Roanoke in the grant fund.
The final cost to the County for the hardware equipment needed for the project is
$360,959.32. The grant includes $200,000 for this expenditure leaving $160,959.32 to
be funded by the County. This amount needs to be appropriated from unrestricted
funds to complete the purchase of the new CHE hardware equipment.
FISCAL IMPACT:
$355,000.64 will be received in the grant fund. An additional $160,959.32 is needed to
complete the purchase of the new CHE hardware equipment. It is recommended
$95,000 be reallocated from the Communications/IT administration fund to the grant
fund, and the remaining $65,959.32 needed to complete the equipment replacement be
Page 2 of 3
reallocated from the Communications shop fund to the grant fund (to collectively finance
the project).
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and setting the second
reading for July 27, 2021.
Page 3 of 3
Dvsujt!Cspxo!
Epspuiz!Tqfbst.Efbo!
Dibjsnbo!
Efqvuz!Tubuf!Dppsejobups!
WEFN!
WEFN!
!
)915*!951.8371!
Ipo!Lfwjo!X/!Ibmm!
!
Tifsjgg!
Ufssz!E/!Nbzp!
Wjdf!Dibjsnbo!
Cpbse!Benjojtusbujwf!Bttjtubou!
Djuz!pg!Dpwjohupo!
WEFN!
!
COMMONWEALTH of VIRGINIA
)915*!829.:137!
Ebwje!B/!Wpo!Npmm!
Usfbtvsfs!
Virginia 9-1-1 Services Board
Dpnquspmmfs!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Opwfncfs!23-!3131!
!
Spboplf!Dpvouz!QTBQ;!
!
Uijt!mfuufs!tfswft!bt!dpogjsnbujpo!pg!uif!Wjshjojb!:.2.2!Tfswjdft!
Spboplf!
Nbsz!N/!Cmpxf!
Dijfg!Gjobodjbm!Pggjdfs!
OH:.2.2!gvoejoh!sfrvftu!gps!dptut!offefe!gps!OH:.2.2!
Djuz!pg!Xjodiftufs!
!
jnqmfnfoubujpo/!!Uif!bnpvou!bxbsefe!jt!cbtfe!po!ftujnbufe!dptut!
Uipnbt!Csbetibx!
boe!sfmbufe!jogpsnbujpo!dpoubjofe!jo!uif!wfstjpo!pg!zpvs!OH:.2.2!
Dbqubjo!
Wjshjojb!Tubuf!Qpmjdf!
Njhsbujpo!Qspqptbm!sfgfsfodfe!jo!zpvs!gvoejoh!sfrvftu/!!!
!
!
Hbsz!Dsju{fs!
Fnfshfodz!Nhnu0!FNT!Ejs!
Uif!OH:.2.2!jnqmfnfoubujpo!gvoejoh!bxbse!qfsjpe!epft!opu!fyufoe!
Djuz!pg!Xbzoftcpsp!
!
uif!mfhjtmbujwf!efbemjof!pg!Kvof!41-!3134!gps!OH:.2.2!efqmpznfou!
Ufssz!Fmmjt!
gps!zpvs!QTBQ/!!Boz!gvoejoh!fyufotjpo!nbef!xjmm!bmtp!cf!fydmvtjwf!
Dpndbtu!
!
pg!uif!mfhjtmbujwf!nboebuf/!
S/!Tdpuu!Hbscfs!
!
Gjsf!Dijfg!
Djuz!pg!Tubvoupo!
!
PSAP Name and Funding ID Roanoke County
Ebooz!Hbssjtpo!
NG911-111
Sjdinpoe!Bncvmbodf!
Bvuipsjuz!
Date of Award by the 9-1-1 Services Board November 12, 2020
!
End of funding period for your grant award November 12, 2023
Qfuf!Ibudifs!
BU'U!
(36 months from date of award unless
!
granted an extension by the Board)
Kfggsfz!U/!Nfssjnbo!
Wfsj{po!Dpnnvojdbujpot!
NG9-1-1 Deployment Amount Awarded $420,286.70
!
(includes $65,286.06 paid
Ofmtpo!Q/!Npf!
DJP!
directly by the Board)
WJUB!
!
!
Lfmwjo!Xsjhiu!
Migration Proposal Date November 1, 2018
Dijfg!pg!Qpmjdf!
Djuz!pg!Diftbqfblf!
Migration Proposal NG9-1-1 Service Provider AT&T
!
Contract Vehicle upon which the Migration Fairfax County contract w/
Kpmfob!Zpvoh!
Uxjo!Dpvouz!
Proposal is based AT&T
!
Deadline for executing a contract vehicle February 12, 2021
Upn!Dsbcct!
Tubufxjef!Joufspqfsbcjmjuz!!
with the NG9-1-1 Service Provider listed
Dppsejobups!
above
Bewjtps!
(3 months after date of award)
!
!
!
!
!
Spboplf!Dpvouz!QTBQ!
Opwfncfs!23-!3131!
Qbhf!Uxp!
!
Gvoejoh!bxbset!bsf!opo.cjoejoh!voujm!b!mpdbmjuz!tfmfdut!bo!OH:.2.2!tpmvujpot!
qspwjefs!cz!fyfdvujoh!b!dpousbdu/!!Uif!Cpbse!sfdphoj{ft!uijt!jt!b!mpdbm!efdjtjpo/!!Jg!
zpv!xjti!up!bddfqu!uijt!gvoejoh!sfrvftu!vtjoh!uif!OH:.2.2!tpmvujpot!qspwjefs!
mjtufe!bcpwf-!uif!Cpbse!fyqfdut!zpvs!mpdbmjuz!up!fyfdvuf!b!dpousbdu!wfijdmf!xjui!uif!
jefoujgjfe!OH:.2.2!tpmvujpot!qspwjefs!xjuijo!uisff!npouit!pg!uif!ebuf!pg!zpvs!
bxbse-!vomftt!uif!Cpbse!hsbout!bo!fyufotjpo/!!Ipxfwfs-!jg!sfrvftufe!cz!uif!QTBQ-!
:22!boe!Hfptqbujbm!Tfswjdft!)OHT*!tubgg!dbo!qsfqbsf!b!njhsbujpo!qspqptbm!gps!b!
ejggfsfou!OH:.2.2!tpmvujpo!qspwjefs!boe!uif!mpdbmjuz!dbo!bmtp!tvcnju!b!gvoejoh!
sfrvftu!vtjoh!uijt!ofx!njhsbujpo!qspqptbm/!
!
Uif!Cpbse!jt!dpnnjuufe!up!b!tubufxjef!efqmpznfou!pg!OH:.2.2!uibu!jt!dpotjtufou!
xju
zpvs!njhsbujpo!qspqptbm!boe!sfwjtf!uif!gvoejoh!bxbse!gps!uijt!qvsqptf/!!Gvoejoh!
gps!boz!beejujpobm!opo.sfdvssjoh!dptut!sfmbufe!up!uiftf!dpoejujpot!xjmm!cf!
dpotjefsfe!cz!uif!Cpbse!boe!zpv!xjmm!sfdfjwf!b!sfwjtfe!bxbse!mfuufs-!jg!bqqspwfe/!!!!!
!!!
Tjodf!OH:.2.2!efqmpznfout!xjmm!cf!pddvssjoh!cz!tfmfdujwf!spvufs!sfhjpot!pwfs!b!
nvmuj.zfbs!qfsjpe-!qpsujpot!pg!zpvs!gvoejoh!nbz!opu!cf!jnnfejbufmz!bwbjmbcmf!boe!
nbz!cf!ejtusjcvufe!pwfs!ejggfsfou!gjtdbm!zfbst/!!Uif!tqfoejoh!qmbo!cfmpx!jt!cbtfe!
po!zpvs!tdifevmfe!OH:.2.2!efqmpznfou!xjoepx!boe!jo!zpvs!njhsbujpo!qspqptbm/!!
Uijt!qmbo!mbzt!pvu!xifo!bqqspwfe!gvoejoh!gps!fbdi!dbufhpsz!xjmm!cf!bwbjmbcmf/!!
Uif!hpbm!jt!up!dpnqmfuf!bmm!jefoujgjfe!OH:.2.2!sfbez!jnqmfnfoubujpo!jufnt!)DIF!
tdifevmfe!efqmpznfou!ujnf!qfsjpe/!!!!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
NOTE: Before contracting for a service or committing any local funding, you
should consult this spending plan and coordinate expenditures with your
Regional Coordinator. This action will ensure that you will be reimbursed
for any local funds spent for items identified in your migration proposal.
Fiscal Year Category Amount
FY21 CHE i3 Services $ 15,000.00
FY20 CHE Replacement $ 200,000.00
FY21 Monthly Delta $ 35,000.16
FY22 Monthly Delta $ 70,000.32
FY23 Monthly Delta $ 35,000.16
Spboplf!Dpvouz!QTBQ!
Opwfncfs!23-!3131!
Qbhf!Uisff!
!
Gjobmmz-!gvoejoh!gps!bqqspwfe!frvjqnfou!boe!tfswjdft!nbz!opu!cf!jnnfejbufmz!
bwbjmbcmf!up!uif!QTBQ/!!OHT!tubgg!xjmm!qspwjef!b!tqfoejoh!qmbo-!tqfdjgjd!up!uif!
gvoejoh!xjmm!cf!bwbjmbcmf!up!uif!QTBQ/!!!!!!
!
Jg!zpv!ibwf!boz!rvftujpot-!qmfbtf!ep!opu!iftjubuf!up!dpoubdu!zpvs!Sfhjpobm!
Dppsejobups!ps!nf!wjb!fnbjm/!
!
Tjodfsfmz-!!
!
!
Mjtb!Ojdipmtpo!
Qvcmjd!Tbgfuz!Qsphsbn!Nbobhfs
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 13, 2021
ORDINANCE 1) ACCEPTING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $355,000.64 FROM THE COMMONWEALTH OF VIRGINIA
(AN AWARD FROM THE VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT) TO THE COUNTY'S GRANT FUND FOR
TECHNOLOGY UPGRADES TO THE COUNTY'S NG911 PUBLIC
SAFETY ANSWERING POINTS (PSAP), AND 2) REALLOCATING
$95,000 (FROM THE COMMUNICATIONS/IT ADMINISTRATIVE FUND)
AND $65,959.32 (FROM THE COMMUNICATIONS SHOP FUND) TO
FURTHER FINANCE SUCH TECHNOLOGY UPGRADES
WHEREAS, the Virginia Department of Emergency Management (VDEM) is urging
localities to update the technology of their phone systems to Next Generation 911
(NG911) technology; and
WHEREAS, VDEM has awarded the County a $355,000.64 grant to assist with
such upgrades, which includes $200,000 for the replacement of Call Handling Equipment
(CHE) hardware; and
WHEREAS, the replacement of CHE hardware equipment has a total cost of
$360,959.32, requiring the County to fund an additional $160,959.32; and
WHEREAS, it is proposed that $95,000 be reallocated from the
Communications/IT Administration Fund to the grant fund, and that $65,959.32 be
reallocated from the Communications Shop Fund to the grant fund, which will collectively
finance the project; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021.
Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the VDEM grant in the amount of $355,000.64 is hereby accepted and
appropriated.
2. That $95,000 be reallocated from the Communications/IT Administration
Fund to the grant fund.
3. That $65,959.32 be reallocated from the Communications Shop Fund to the
grant fund.
4. That this ordinance shall take effect from and after the date of adoption.
Page 2 of 2
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: July 13, 2021
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Open district appointments
BACKGROUND:
1. Library Board (appointed by District)
The following District appointments remain open:
Vinton Magisterial District
Windsor Hills Magisterial District
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
Larry Peterson's three (3) year term representing the Catawba Magisterial District
expired June 30, 2021. Supervisor Martha B. Hooker has recommended the
reappointment of Mr. Peterson for an additional three (3) year term to expire June
30, 2024. Confirmation has been added to the Consent Agenda.
Wes Best's three (3) year term representing the Cave Spring Magisterial District
expired June 30, 2020. Supervisor Paul M. Mahoney has recommended the
reappointment of Mr. Best to an additional three (3) year term to expire June 30,
2024. Confirmation has been added to the Consent Agenda.
The following appointments remain open:
Page 1 of 2
Steve Hetherington's three (3) year term representing the Catawba Magisterial
District expired June 30, 2021.
June 30, 2019.
Rich Tomlinson's three (3) year term representing the Vinton Magisterial District
expired June 30, 2021.
Murray Cook's three (3) year term representing the Windsor Hills Magisterial District
expired June 30, 2020.
There is also one open Windsor Hills Magisterial District appointee.
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,JULY 13, 2021
RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I-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 July13, 2021,
designated as Item G-ConsentAgenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated Items 1 through4inclusive, as
follows:
1.Request to accept and allocate funds from the Roanoke Valley-Alleghany
Regional Commission in the amount of $10,000 for Roanoke River Blueway
Improvements at Wayside Park
2.Request to accept and allocate funds in the amount of $198.37 to the Clerk of
the Circuit Court from the Commonwealth of Virginia
3.Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Elizabeth H. Belcher, Roanoke Valley Greenway Coordinator, upon
her retirement after twenty-five (25) years of service
4.Confirmation of appointments to the Roanoke County Parks, Recreation and
Tourism Advisory Commission(District)and the Virginia Western Community
College Board of Directors(At Large)
Page 1of 1
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: July 13, 2021
AGENDA ITEM: Request to accept and allocate funds from the Roanoke
Valley-Alleghany Regional Commission in the amount of
$10,000 for Roanoke River Blueway Improvements at
Wayside Park
SUBMITTED BY: Lindsay B. Webb
Parks Planning and Development Manager
APPROVED BY:
County Administrator
ISSUE
Request to accept and allocate funds from the Roanoke Valley-Alleghany Regional
Commission in the amount of $10,000 for Roanoke River Blueway Improvements at
Wayside Park
BACKGROUND:
The Roanoke River Blueway Committee was established in 2013 by the Roanoke
Valley-Alleghany Regional Commission to facilitate the planning, development, and
marketing of the Roanoke River Blueway. The Roanoke River Blueway is a regional 45-
mile water trail that is accessible at local, state, federal, and private access points. It has
Silver Medal in 2016.
According to the 2018 Virginia Outdoors Plan, Virginia has seen a steady increase in
the development of blueways. Water and land trails are tied as the third most needed
activity, according to 43 percent of respondents to the 2017 Virginia Outdoors Demand
Survey. The Roanoke County 2016 Community Strategic Plan supports expansion of
outdoor recreational amenities such as blueways. The Roanoke County 2012 Glenvar
Community Plan supports river access improvements at Wayside Park. The Roanoke
County 2007 Parks, Recreation and Tourism Master Plan promotes the continued
development of trails with a focus on connecting parks and rivers.
Page 1 of 3
Wayside Park is a small 1.6-acre park located in western Roanoke County with frontage
on the Roanoke River and direct access to West Main Street (Route 11/460). Located
near Interstate 81, Wayside Park is a popular destination for picnicking, bird watching,
and dog walking. For community residents, Wayside Park is popular for fishing,
swimming, tubing, and boating along the Roanoke River. Currently, Wayside Park has
six parking spaces, an open space area, picnic tables, and trash receptacles. The Park
offers scenic views of the Roanoke River; however, recreational access to the river is
difficult and access improvements are needed.
DISCUSSION:
Staff are planning a series of improvements at Wayside Park, including a picnic shelter,
boat ramp, and parking expansion. The first phase of improvements includes
construction of a concrete boat ramp and path to provide connectivity between the
existing parking lot and the Roanoke River. The boat ramp has been designed internally
by staff in the Roanoke County Department of Development Services, as shown on the
site plan attached to this board report. The Roanoke County Department of Fire and
Rescue has reviewed the site plan and supports construction of the concrete ramp
which will provide swift water rescue teams with improved access to the Roanoke River.
The design plans have been approved by Roanoke County and the Virginia Department
of Transportation. Environmental permits have been obtained from the U.S. Army Corp
of Engineers and the Virginia Marine Resources Commission for project impacts to the
Roanoke River. There is a Time of Year Restriction for in-river work, so construction of
the boat ramp is expected to begin after July 1, 2021. Project completion is anticipated
in September 2021.
FISCAL IMPACT:
The Roanoke River Blueway Committee has voted unanimously to allocate $10,000 to
Roanoke County to support the Wayside Park access improvements. The funds will be
received from the Roanoke Valley-Alleghany Regional Commission, who staffs the
Blueway Committee, and has determined that this project is a priority for further
development of the Roanoke River Blueway as a regional outdoor designation. There is
no local match required.
The cost estimate for the boat ramp is anticipated to be about $65,000. The Roanoke
County Board of Supervisors accepted and appropriated $15,000 from the Roanoke
Department of General Services, Parks, Recreation and Tourism has capital funding
available to supplement the remaining funds needed for the Wayside Park access
improvements.
Page 2 of 3
STAFF RECOMMENDATION:
Staff recommends accepting and allocating funds in the amount of $10,000 from the
Roanoke Valley-Alleghany Regional Commission to the Roanoke County Department
of General Services and Parks, Recreation and Tourism Department in support of the
Roanoke River Blueway improvements proposed at Wayside Park.
Page 3 of 3
A
I
R
E
T
S
I
W
M
L
A
A
I
R
N
T
O
L
D
OY
LCL
I
L
O
Y
A
E
D
N
E
R
I
TEI
L
FR
A
H
OC
R
C
X
O
F
W
E
I
V
K
RGNIYLF
W
A
P
N
I
A
C
K
R
ARG
A LEV
LLIH
GEP
ID
E R
LUUB
BL
C
LE
G
A
BE
E
O
D
N
W
OAY
TW
ANRK
MA
YP
A
L
WEI
VEKAL
SE
RO
D
RE
L
L
I
H
L
I
RAN
SN
P
A
Y
L
R
A
E
YL
E
N
NI
FA
B
U
J
EMOR
R
AV DE
YELL
E
L
A
D
R
E
V
O
L
C
E
LADR
EVOL
C
L
L
I
M
S
E
N
O
E
LO
PB
A
M
E
L
1
A
8
Y
EB
ED
LN
TADR
P3
ARK
PG
T
SAGA
R
N
O
EI
TL
N
IR
H
T5E
T
NS
O
S
B
I
G
H
T
9H
T
6
1
NI
A
T
N
U
O
M
D
L
O
E
L
H
B
TB
8
E
1
P
HI
AM
TMI
3
1Y
D
N
SA
B
LLHS
NEN
ITI
HT01
L1
S1
LM
LOW
EI
ON
HE
HO
L
N
A
R
O
M
D
EFIEL
IDG
R
L
LA
B
MI
LK
I
HT6
A
U
D
QR
Y
B
N
IO
T
TA
N
A
PL
N
E
H
HL
T
TG
7
6D
O
D
O
N
A
HW
LT
T5
R
UH
T
O4
C
ER
LIV
O
E
IR
OE
V
RL
E
S
E
RN
OS
REF
FEJ
O
IT
P
ATS
1
C
H
C
DR
ET
N
DI
L
AR
3
LG
W
A
K
L
A
F
ADNAMA
O
E
S
O
H
R
T
6M
I
R
H
T5
P
N
O
E
T
L
Y
A
BB
ERA
AT
KD
S
H
NT
5
1Y
S
G
OA
E
N
I
N
R
E
H
T
H5
T
1
H8
T
1
9
1
ORT
IRP
A
NO
ITAIVA
N
R
O
H
K
NC
OU
B
E
L
D
N
2
2
L
E
P
ENROA
BNIWH
C
S
E
N
O
O
B
E
F
LW
E
I
O
V
R
M
L
E
E
M
DL
IA
P
S
F
L
O
G
YE
K
R
AT
S
N
O
V
E
D
E
P
O
H
RI
AF
n
ave
h H
Loc
E
DT
IEN
SSC
RE
TC
S
E
W
K
R
A
eker L
C
kci
L
W
d
u
M O
D
S
U
GA
NA
E
M
YN
AA
M
KI
R
IR
HE
EM
ED
L
R
A
R
I
G
O
C G
s
r
te N
e I
M P
AR
M
A
ML
AS
LAF
B
WO
LL
O
H
N
IA
TN
UO
AM
R
U
A
L
L
E
RD
O
ILFD
G
A
T
I
C
R
ET
T
O
YE
LLA
E
D
NN
SO
UIP
V
JAL
IL
E
RM
T
T
VI
I
D
C
MN
O
T
r
C E
SS
O n
R
o
s
a
ILL
R MAM
SLEH
KEYT
L
Y
R
U
B
S
I
L
A
S
EL
AD
KR
AP
S
E
S
O
M
E
E
N
A
JO
H
A
ID
Y
E
L
L
E
AN
I
VP
A
B
WGD
I
AO
TO
A
AW
CRN
W
CA
D
HGIH
O
D
A
R
O
L
O
C
H
C
EY
N
O
ED
M
A
R
BO
RA
BBH
U
L
NC
IO
N
U
SIMMS
E
NAL D
ER
R
ED
DIK
A
RTLL
EE
N
I
E
A
I
TNES
NE
JR
N
A
U
M
O
M
T
U
N
T
S
E
H
C
T
E
K
AM
L
REMIL
TL
I
M
S
N
O
jo L
LI
D
E
G
D
I
R
N
O
Y
D
RN
I
B
EA
U
L
BC
Dpvouz
Qbsl
IDOL
E
I
L
L
A
R
E
L
Y
T
N
I
A
T
L
N
EU
I
O
NM
A
T
DN
E
C
B
M
N
E
LY
L
E
E
L
S
XbztjefSpboplf
N
I
T
EI
L
L
A
S
D
Y
O
L
F
IR
A
F
Y
A
M
GIARC
YELLAV
L
L
E
B
P
M
A
C
K
COCN
AH
N
U
R
K
R
A
D
N
A
I
B
A
R
A
W
O
L
L
O
H
S
I
L
L
I
W
i
S
o
u
t
h
n
oR
N
U
R
S
R
E
N
O
B
Cubic Feet/SecCubic Feet/SecCubic Feet/Sec
Dvcjd!Gffu0Tfd Cubic Feet/Sec Dvcjd!Gffu0Tfd Cubic Feet/Sec
!!!!Cubic Feet/SecCubic Feet/SecCubic Feet/Sec
Cubic Feet/SecCubic Feet/SecCubic Feet/SecCubic Feet/Sec
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: July 13, 2021
AGENDA ITEM: Request to accept and allocate funds in the amount of
$198.37 to the Clerk of the Circuit Court from the
Commonwealth of Virginia
SUBMITTED BY: Jill Camilletti
Deputy Clerk IV
APPROVED BY:
County Administrator
ISSUE:
Acceptance and allocation of funds in the amount of $198.37 to the Clerk of the Circuit
Court from the Commonwealth of Virginia.
BACKGROUND:
The postage allocation represents a request to the Compensation Board to help offset
postage costs.
DISCUSSION:
The funds received from the Commonwealth of Virginia have been earmarked for
postage needs.
FISCAL IMPACT:
All funds are provided by the Commonwealth of Virginia. No County matching funds are
required.
STAFF RECOMMENDATION:
Staff recommends accepting and allocating $198.37 to the Clerk of the Circuit Court
Page 1 of 2
from the Commonwealth of Virginia.
Page 2 of 2
ACTION NO.
ITEM NO. G.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Elizabeth H. Belcher,
Roanoke Valley Greenway Coordinator, upon her retirement
after twenty-five (25) years of service
SUBMITTED BY: Doug Blount
Director of General Services and Parks, Recreation
APPROVED BY: D
County Administrator
ISSUE:
Recognition of the retirement of Elizabeth H. Belcher.
BACKGROUND:
Elizabeth "Liz" H. Belcher, Roanoke Valley Greenway Coordinator, is retiring on August
1, 2021, after twenty-five years of service with the Roanoke Valley Greenway
Commission.
Ms. Belcher is not expected to attend today's meeting to receive her resolution and quilt.
DISCUSSION:
There is no discussion associated with this agenda item.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
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, JULY 13, 2021
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO ELIZABETH H.
BELCHER, ROANOKE VALLEY GREENWAY COORDINATOR, UPON
HER RETIREMENT AFTER TWENTY-FIVE (25) YEARS OF SERVICE
WHEREAS, Ms. Belcher was employed by the Fifth Planning District Commission
(now called the Roanoke Valley-Alleghany Regional Commission) in August 1996 as the
Roanoke Valley Greenway Coordinator; and
WHEREAS, Ms. Belcher is retiring on August 1, 2021, after twenty-five (25) years
of devoted, faithful, and expert service as the Roanoke Valley Greenway Coordinator;
and
WHEREAS, Ms. Belcher has been instrumental in preserving open space,
advocating for outdoor recreation, and supporting the development of greenways and
trails in the Roanoke Valley; and
Commission was established by the signing of an Intergovernmental Agreement in 1997
between Roanoke City, Roanoke County, City of Salem, and Town of Vinton, which was
been amended and restated to include Botetourt County in 2016; and
WHEREAS, the Pathfinders for Greenways, Inc., a
501(c)(3) non-profit organization, was formed in 1997 to involve citizens with
development of greenways including education and promotion, volunteer coordination
for construction and maintenance, and fundraising; and
WHEREAS, Ms. Belcher was responsible for updates of the 1995 Roanoke Valley
Conceptual Greenway Plan in 2007 and 2018 that represent a vision for a comprehensive
Page 1 of 2
greenway network comprised of over 400 miles of existing greenways and trails;
WHEREAS, Ms. Belcher was a significant stakeholder in development of various
long-range plans in Roanoke County, including, but not limited to the 2005 Comprehensive
Plan, 2007 Comprehensive Master Plan for Parks and Facilities, the 2013 Roanoke River
Blueway, the 2015 Roanoke Valley/Blue Ridge Parkway Trail Plan, the 2016 Explore Park
Adventure Plan, and the 2016 Community Strategic Plan; and
WHEREAS, Ms. Belcher has played an integral role in the growth and development
of greenways and trails in Roanoke County including but not limited to:
Mudlick Creek Greenway in Garst Mill Park in 1997,
Wolf Creek Greenway and Hanging Rock Battlefield Trail in 1999,
Roanoke River Greenway within Green Hill Park in 2008,
Read Mountain Preserve in 2008, expanded in 2012,
Tinker Creek Greenway from I-81 to Carvins Cove in 2012,
Poor Mountain Natural Area Preserve in 2013,
Reopening of Explore Park in 2014; and
Hinchee Park, linking the Roanoke Valley to Carvins Cove in 2019; and
Catawba Greenway, connecting to the Appalachian Trail in 2021.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to ELIZABETH H. BELCHER for twenty-five (25) years of talented, loyal,
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 2 of 2
ACTION NO.
ITEM NO. G.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Confirmation of appointments to the Roanoke County Parks,
Recreation and Tourism Advisory Commission (District) and
the Virginia Western Community College Board of Directors
(At Large)
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Confirmation of appointments
BACKGROUND:
Park's Recreation and Tourism Advisory Commission
Supervisor Martha B. Hooker has recommended the reappointment of Larry Peterson to
an additional three (3) year term to expire June 30, 2024.
Supervisor Paul M. Mahoney has recommended the reappointment of Wes Best to an
additional three (3) year term to expire June 30, 2024.
Virginia Western Community College Board of Directors:
It is the consensus of the Board to appoint Mr. Tim Rowe to fill the unexpired term of Dr.
Sam English, which will expire June 30, 2022.
Page 1 of 2
DISCUSSION:
There is no discussion associated with this agenda item.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends confirmation of all appointments.
Page 2 of 2
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
OutstandingOutstanding
June 30, 2021AdditionsDeletionsJuly 13, 2021
VPSA School Bonds$74,515,490$-$-$74,515,490
Lease Revenue Bonds77,530,000--77,530,000
Subtotal152,045,490--152,045,490
Premiums10,777,149--10,777,149
$162,822,639$-$-$162,822,639
Submitted ByLaurie L. Gearheart
Director of Finance and Management Services
Approved ByDaniel R. O'Donnell
County Administrator
ACTION NO.
ITEM NO. K.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 13, 2021
AGENDA ITEM: Work session to review proposed changes to Chapter 15 -
Parks and Recreation of the Roanoke County Code
SUBMITTED BY: Doug Blount
Director of General Services and Parks, Recreation
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to review proposed changes to Section 15 of the Roanoke
County Code with regard to parks and recreation in Roanoke County.
BACKGROUND:
Chapter 15 of the Roanoke County Code pertaining to parks and recreation in Roanoke
County was adopted in its entirety in 1989. While select provisions were amended in
2008 and 2013, staff recommends a comprehensive update at this time.
DISCUSSION:
Staff recommends numerous amendments to Chapter 15 of the Roanoke County Code
which are highlighted in the attached PowerPoint presentation for
FISCAL IMPACT:
There is no fiscal impact associated with the changes recommended to Chapter 15 of
the Roanoke County Code.
STAFF RECOMMENDATION:
Staff recommends formal adoption of the proposed ordinance changes.
Page 1 of 1
Chapter 15 - PARKS AND RECREATION
Sec. 15-1.Title.
This chapter shall be known and may be cited as the "Ordinance Regulating
Conduct in Public Parks of Roanoke County."
Sec. 15-2.Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their
derivation shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, and words used in the singular number
include the plural number. The word "shall" is always mandatory and not merely directory.
Closed hoursmeans the hours each day that a park is closed in accordance with
section 15-911(a)of this chapteruntil 6:00 a.m. the following day.
Countyis the County of Roanoke, Virginia.
Departmentwhen used hereinafter is defined as the dDepartment ofGeneral
Services andpParks, rRecreation and tTourism for the cCountyof Roanoke.
Directormeans the dDirector of the department of pGeneral Services and Parks,
rRecreation and tTourism for the County of Roanoke and includes any person whom the
dDirector designates to act for the Director hereunder.
Electric power-assisted bicyclemeans a vehicle that travels on not more than three
(3) wheels in contact with the ground and is equipped with (i) pedals that allow propulsion
by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input
of no more than seven hundred and fifty (750) watts. Electric power-assisted bicycles
shall be classified as follows:
(1) "Class one"means an electric power-assisted bicycle equipped with a
motor that provides assistance only when the rider is pedaling and that
ceases to provide assistance when the bicycle reaches a speed of twenty
(20) miles per hour;
(2) "Class two"means an electric power-assisted bicycle equipped with a motor
that may be used exclusively to propel the bicycle and that ceases to
provide assistance when the bicycle reaches the speed of twenty (20) miles
per hour; and
(3) "Class three"means an electric power-assisted bicycle equipped with a
motor that provides assistance only when the rider is pedaling and that
ceases to provide assistancewhen the bicycle reaches the speed of twenty-
eight (28) miles per hour.
Page 1
Organized usemeans use by any team, club, or league for practices, games,
events, or activities.
Parkmeans all property owned, maintained, or operated by the County for public
recreational use. and other areas, now or in the future operated and maintained by the
county department of parks, recreation and tourism are defined to mean parks, public
lands, playgrounds, recreation fields and facilities, museums, buildings, lakes, streams,
lagoons, water areas, and submerged lands, and all public service facilities located on or
in grounds, waters, buildings and structures in the county which are under the control of
or assigned for upkeep, maintenance or operation by the county department of parks,
recreation and tourism and including property of the Roanoke County School Board.
Parkattendantsmeans all full-time employees of the dDepartment of General
Services andpParks, rRecreation and tTourism and any part-time or temporary
employees of the Ddepartment specifically authorized in writing by the dDirector to
enforce the requirements of this chapter.
Parkingmeans the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading.
Permitis any written license issued by or under the authority of the Ddirector
permitting the performance of a specified act or acts.
Personis any person, firm, partnership, association, corporation, company or
organization of any kind.
Police officermeans all officers of the Roanoke cCounty pPolice dDepartment,
including the cChief of pPolice, and all properly trained and deputized law enforcement
officers of the Roanoke cCounty sSheriff's dDepartment and any law enforcement officer
legally empowered to issue warrants of arrest or summons within the cCountyof
Roanoke.
Public gatheringincludes demonstrations, picketing, speechmaking, vigils,
parades, ceremonies, meetings, rallies, entertainment, games, shows, concerts, picnics
and all other forms of public assembly.
Shared-use pathmeans a bikeway that is physically separated from motorized
vehicular traffic by an open space or barrier and is located either within the highway right-
of-way or within a separate right-of-way. Shared-use paths may also be used by
pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and
other nonmotorized users. "Greenways"qualify as shared-use paths as defined in this
section.
Smokeor sSmokingmeans the carrying or holding of any lightedor activatedpipe,
cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted
Page 2
smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or
cigarette of any kind(including electronic cigarettes).
Special eventmeans a program, tournament or other event scheduled for specified
hours or days involving the participation of the Ddepartment or written approval of the
dDirector.
Trailmeans a trail that is specifically designated as nonmotorized and that has a
natural surface tread that is made by clearing and grading the native soil with no added
surfacing materials.
Vehiclemeans every any device in, upon, or by which any person or property may
be transported upon a highway, except devices other than bicyclesmoved by human
power. Bicycles and electric power-assisted bicycles do not qualify as vehicles as defined
in this section.
Watersmeans any river, stream, lake, pond, swimming pool or other body of water,
whether flowing or still, in or contiguous to any park as defined in this chapter.
Sec. 15-3. Department of General Services and pParks, rRecreation and tTourism
established; position of Ddirector created.
AdDepartment of General Services and pParks, rRecreation and tTourism is
hereby established and the position of dDirector of General Services and Parks,
Recreation and Tourismof such departmentis hereby created.
Sec. 15-4.Conduct of county recreation programs and park
operationsResponsibilities of the Department of General Services and Parks,
Recreation and Tourism.
The dDepartment of General Services and pParks, rRecreation and Ttourism shall
conduct the recreation programs of the cCounty,and all park operations as directed by
the bBoard of sSupervisors or the cCounty aAdministrator.
Sec. 15-5.Park property.
No person in a park shall:
((1) Property:
a1) Disfiguration and removalof park property.Willfully mark, deface, disfigure,
injure, tamper with, or displace or remove any building, bridges, tables,
benches, fireplace, railings, tree guards, paving or paving material, public
utilities, signs, notices or placards (either temporary or permanent),
monuments, stakes, posts, or otherboundary markers, or other structures,
equipment, facilities or park property or parts thereof, either real or personal.
Page 3
(b2) Conduct in restrooms and washrooms.Fail to maintain restrooms and
washrooms in as neat and sanitary a condition as prior to such person's
use, nor shall any person over the age of five (5) years use the restrooms
and washrooms designated for the opposite sex, except a child in the
company of a parent or other custodial individual. Useofany device or
equipment for taking any photographic image or likeness in any restroom,
locker room or washroomis prohibited.Minors under the age of five (5)
years of age shall be accompanied by an adult while in restrooms and
washrooms.
(c3) Disturbance and removal of natural resources.Dig, disturbor remove any
sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or
other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agencyin any park unless given specific
authorization to do so by the Director or his or her designee.
(d4) Erection of structures.Construct or erect any building structure or utility
service of whatever kind, whether permanent or temporary in character, in
any park except by specific written permit issued hereunder. unless given
specific authorization to do so by the Director or his or her designee. Tents
shall not be connected or fastened to any piece of park property or natural
resourcewithin the park, unless specifically authorized by the Directoror
his or her designee.Tentserected within a park shall otherwise comply with
all applicable laws and regulations.
(5d) Pollution of waters. Throw, discharge, place or cause to be placed, in the
waters of any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park, or in any tributary, stream, storm sewer or drain
flowing into such waters, any substance, matter or thing, whether liquid or
solid, which will or may result in the pollution or littering of said waters.
(6)Rubbish andwaste.Bring in or dump, lay, cast, drop, discharge, deposit or
leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt,
rubbish, waste, garbage, refuse, construction debris, home appliances,
furniture and similar discarded items,or any other trash. No such rubbish or
wasteshall be placed in any water in or contiguous to any park, or left
anywhere on the grounds thereof, but shall be placed in the proper
receptacles where these are provided; at locations where receptacles are
not so provided, all such rubbish or waste shall be carried away from the
park by the person responsible for its presence and properly disposed of
elsewhere.
(2) Trees, shrubbery, lawns.
a. Injury and removal.Damage, cut, carve, transplant or remove any tree or
plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor
Page 4
attach any rope, wire, or other contrivance to any tree or plant; or dig in or
otherwise disturb grass areas, or in any other way injure or impair the natural
beauty or usefulness of any area.
b. Climbing trees, etc.Climb any tree or walk, stand, sit or attach any rope or
cable or other contrivance upon monuments, vases, fountains, railings,
fences or upon any other property not designated or customarily used for
such purposes.
(3) Wild animals, birds, etc.
a. Hunting.Hunt, molest, frighten, kill, trap, chase, tease, shoot, or throw
missiles at any animal, reptile or bird; nor shall any person remove or have
in his possession the young of any wild animal, or the eggs or nest, or young
of any reptile or bird.
b. Feeding.Give or offer, or attempt to give to any animal or bird any tobacco,
alcohol or other known noxious substance.
Sec. 15-5.1.Public trees.
(1)Purpose.It is the purpose of this section to promote and protect the public
health, safety, and general welfare by providing for the regulation of the
planting and removal of trees on public property.
Further, it is the purpose of this section to enhance the quality of life in the
Ccounty by protecting trees and by minimizing the loss of tree coverage on
public propertiesproperty.
(2)Definitions.The following terms, when used in this section, shall have the
meanings ascribed to them in this subsection, unless context clearly
indicates a different meaning:
Diameter-at-breast-heightshall be the tree trunkdiameter measured
in inches at a height of four and one-half (4.5) feet above the ground.
Driplineshall mean a vertical line extending from the outermost edge
of the tree canopy or shrub branch to the ground.
Invasive alien plant speciesshall be those species currently listed by
the state department of conservation and recreation.
Public propertyshall include all lands owned by the cCounty,
including but not limited to public parks and property of other cCounty
buildings and facilities, and includes all greenway easements
donated to or owned by the Ccounty. The term "public property" shall
exclude public streets and public utility, drainage and storm water
easements and county water and sewer easements.
Page 5
Public utilitycompanyshall mean any corporation, company,
individual, association or cooperative that is a "public utility" as
defined in section 56-232 of the Code of Virginia, 1950, as amended.
Toppingis defined as the severe cutting back of limbs to stubs within
the a tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree.
Treeshall mean any self-supporting woody plant, usually having a
single, main woody trunk and producing a more or less distinct and
elevated head with many branches. For the purposes of this section,
a tree shall have a diameter-at-breast-height of four (4) inches or
more.
Tree committeeshall mean the committee appointed by the county
administrator Director to develop uniform standards for implementing
the provisions of this section.
(c) (3) Applicability.This section provides full power and authority over all trees
located on public property.
(d) (4) Authorization required.
(1) a. a. It shall be unlawful for any person to plant, remove, destroy,
relocate, harm or otherwise disturb any tree on public property
without first receiving written approval from the tree committee.
except for invasivealienplant species as defined above. Invasive
alienplant species may be removed.
(2) b. In the case of emergencies, such as windstorms, ice storms or
other disasters, written approval may be waived by the tree
committee during the emergency period so as not to hamper work to
restore order to the cCounty.
(e) (5) Abuse or mutilation of public trees or shrubs.Unless specifically
authorized by the tree committee, it shall be unlawful for any person to
intentionally damage, cut, carve, transplant or remove any tree or shrub on
public property; attach any nails, advertising posters or other contrivance to
any treeor shrubon public property; allow any gas, liquid or solid substance
which is harmful to such trees to come in contact with them; or set fire or
permit any fire to burn when such fire or the heat thereof will injure any
portion of any treeor shrubon public property.
(f) (6)Protection of trees.Trees that are to remain after construction of
public buildings, facilities, driveways, roads, utilities or other below or above
Page 6
ground public structures must be protected from construction activities and
heavy equipment to ensure their survival.
(1) a.The Director shall establish a three (3) person tree committee,
which shall meet at such times and at such places asdecided upon
by the Director. Members of the tree committee shall serve for such
terms as decided upon by the Director, and there shall be no term
limits. Members of the tree committee may be removed from the tree
committee for good cause as determined by the Director.
b.The tree committee shall establish guidelines for trees that are to
remain on public property and that are within or in close proximity to
the immediate construction activity area.
(2) bc.No person, including public utility companies and cCounty
departments, shall excavate any ditches, tunnels, trenches or lay any
driveway or street within a radius of ten(10)feet from any tree on
public property without first obtaining written approval from the tree
committee. This provision does not apply to the maintenance and
repair of existing public utility and cCounty water and sewer utility
facilities.
(3) cd.All trees on public property shall be pruned or trimmedonlyin
accordance with reasonable industry the standards, as determined
by the tree committeeestablished by the National Arborist
Association, entitled "Pruning Standards for Shade Trees," as
revisedin 1988. This includes all public utility companies and
cCounty departments or their subcontractors involved in
maintenance on cCounty property or easements.
(4) de.It shall be unlawful for any person, firm, or cCounty
department to top any tree on public property, unless specifically
authorized by the tree committee. Trees severely damaged by wind,
ice or snow storms or other disasters may be exempted from this
section at the determination of the tree committee.
(g) (7) Enforcement.The tree committee shall have the general powers and
duties to:
(1) a.Direct, manage, supervise and control the planting, removal
and protection of all trees on public property.
(2) b.Protect all trees on public property so as to prevent the spread
of disease or pests and to eliminate dangerous conditions which may
affect the health, life or safety of persons or property.
Page 7
(3) c.Require the preparation of a tree protection plan for cCounty
construction projects, when deemed appropriate and necessary.
(4) d.Administer the provisions of this articlesubsection.
Sec. 15-6.Sanitation.
No person in a park shall:
(1) Pollution of watersPollution of waters.Throw, discharge, place or cause to be
placed, in the waters of any fountain, pond, lake, stream, bay or other body of
water in or adjacent to any park, or in any tributary, stream, storm sewer or drain
flowing into such waters, any substance, matter or thing, whether liquid or solid,
which produces, or may result in, the pollution or littering of said waterswhich will
or may result in the pollution or littering of said waters.(2) Rubbish and
refuse matterRubbish andwaste.Bring in or dump, lay, cast, drop, discharge,
deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans,
dirt, rubbish, waste, garbage, refuse, construction debris, home appliances,
furniture and similar discarded items,or any other trash. No such rubbish or
refuse materialswasteshall be placed in any water in or contiguous to any park,
or left anywhere on the grounds thereof, but shall be placed in the proper
receptacles where these are provided; at locations where receptacles are not so
provided, all such rubbish or refuse materials waste shall be carried away from
the park by the person responsible for its presence and properly disposed of
elsewher
Sec. 15-67.Trafficand vehicle use.
No person in a park shall:
(1) Motor vehicle laws apply.Fail to comply with all applicable provisions of the
Sstate and cCounty motor vehicle traffic laws in regard to equipment and
operation of vehicles together with such requirements as are contained in
this and other ordinances.
(2) Enforcement of traffic requirements and regulations.Fail to obey any police
officer and park attendants who are hereby authorized and instructed to
direct traffic whenever and wherever needed in the parks and on the
highways, streets or roads immediately adjacent thereto in accordance with
the provisions of these requirements and such supplementary regulations
as may be issued subsequently by the Ddirector.
(3) Obey traffic signs.Fail to observe all traffic signs indicating speed, direction,
caution, stopping or parking and all others posted for property control and
to safeguard life and property.
(4) Speed of vehicles.Ride or drive a vehicle at a rate of speed exceeding
fifteen (15) miles per hour, except upon such park roads as the cCounty
may designate, by posted signs, for other speed limits.
Page 8
(5) Operation confined to roads.Drive any motorized vehicle on any area
except the paved park roads, parking areas,or such other areas as may be
specifically designated as temporary parking areas by the dDirector.
(6) ATVs, etc Offroad vehicles, etc.Operate in any park or recreation area
snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all-
terrain vehicles (ATVs), golf carts, mopeds or any otheroff roadvehicles,
except in areas specifically designated by the Ddirector for such use.
(7) Aircraft. Launch or land any manned or unmanned aircraft, including
drones, remote control planes, helicopters, gliders, jets, airplanes,powered
parasails, powered paragliders, ultralight aircraft or hang gliders, except in
areas specifically designated by the Director for such use, andby permit.
This subsection shall not apply to Roanoke County employees within the
exercise of their employment duties, and with reasonable notice to the
Director.
(87)Trucks and commercial vehicles. Shall oOperate in or through any
park, any trucks or commercial vehicles with a gross weight in excess of
five (5) tons, except for the delivery of the load thereon for use in such parks
as expressly approved by the Ddirector.
(98)Parking.
a.Designated areas.Park a vehicle in other than anywhere except in
an established or designated area, except as shall be and in
accordance with the instructions of any park attendant or police
officer who may be present.
b.Prohibited activities.Park a vehicle in a park for the expressed or
apparent purpose of washing, repairing or maintaining the same.
c. Double parking.Double park any vehicle on any road or parkway
unless directed by a park attendant or police officer.
(109)Bicycles.
a. Confined to roads.Ride a bicycle on other than a vehicular road or path
designated for that purpose. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy or wooded trail or any paved area
reserved for pedestrian use.
b. Designated racks.Leave a bicycle in a place other than a bicycle rack when
such is provided and there is a space available.
When riding a bicycleor electric power-assisted bicycle,a rider mustyield to
walkers and runners. Riders must abide by bicycling laws set forth in the
Code of Virginia when riding in parks.Class one and class two electric
Page 9
power-assisted bicycles may be ridden in places where bicycles are
allowed. Class three electric power-assisted bicycles are prohibited.
Sec. 15-87.Prohibited uses of parks.
No person in a park shall:
(1) Distribution or displayPostingor leaving papers or materials.No person in
a park shall Ppost, paint, affix, distribute, handout, deliver,place, cast or
leave about any poster, paper, or other materialsbill, billboard, placard,
ticket, handbill, circular or advertisement; display any flag, banner,
transparency, target, sign, placard or any other matter for advertising or
promotional purposes; operate any musical instrument for advertising or
promotional purposes or for the purpose of attracting attention to any
exhibit, show, performance or other display ,unless expressly authorized
through permit by the Ddirectorpursuant to section 15-11(c).
(2) Contributions.Solicit contributions for any purpose.
(3) (2) Bathing and swimming.
aa.Designated areas.No person in a park shall Sswim, bathe,or wade
in any waters or waterways that have been designated and posted
by the Director as prohibited swimming areas. in any park, except in
such waters and in such places as are provided therefore, and in
compliance with such requirements as are herein set forth or may be
hereinafter adopted. Nor shall any person frequent any waters or
places customarily designated for the purpose of swimming or
bathing or congregate thereat when such activity is prohibited by the
dDirector upon a finding that such use of the waters would be
dangerous to public health, safety or welfare.
bb.Certain hours.No person in a park shall uUse or remain upon any
waters or places designated for the purpose of swimming or bathing,
or congregate thereat, except during such hours of the day as shall
be designated by the Ddirector for such purposes for each individual
area.
c. Bath houses.Dress or undress in any vehicle, toilet or other place, except in
such bathing houses or structures as may be provided for that purpose.
(43) Boating.
aa.Designated areas.No person in a park shall oOperate or occupy any
boat, raft or other watercraft, whether motor powered or not, upon
any watersthat have been designated as posted by the Director as
prohibited boating areas. except at places designated for boating by
the Ddirector. Such activity shall be in accordance with applicable
Page 10
regulationsas are now or may hereinafter beadopted by the
dDepartment.
bb. Operationof boats.No person in a park shall Nnavigate,
operate, direct or handle any boat in violation of federal, state or local
laws pertaining to the operation of boats.
cc. Prohibition during closed hours.No person in a park shall Llaunch,
dock, operate or remain on or in any boat, raft, or other watercraftof
any kind on any waters during the closed hours or except during such
hours as shall be designated by the Ddirector for such purpose.
(54))Fishing.
aa1.Commercial fishing.No person in a park shall Commercial
fishing, bbuyingyor selling offish caught in any park watersis
forbidden.
bb2.Designated areas.No person in a park shall Ffish in any park
waters, whether by the use of hook-and-line, net trap, spear, gig or
other device, that have been designated and posted by the Director
as prohibited fishing areas. except in such waters thereof as have
been designated by the director for that use and under such
regulations and restrictions as have been prescribed by said director.
(65))Hunting and firearms.No person in a park shall Hhunt, trap or
pursue wildlifeat any time. Trapping may be authorized, by permit, when it
is deemed by the dDirector that said activity is in the best interest of public
health, safety and/or welfare. No person shall within a park use, carry or
possessbrandish or discharge anyfirearms,ammunition or combinations
thereof, as expressly prohibited by statute, or air rifles, spring guns, pellet
guns, paintball guns, bow and arrows, slingsor any other formsof weapons
potentially dangerous to wildlife orto human safety or any instrument that
can be loaded with and fire blank cartridges, or any kind of trapping device.
Shooting into park areas from beyond park property boundaries is
forbidden. The Ddirector may permit authorization for the use of a firearm
or other potentially dangerous instrument,to be used in a park for a special
event or cCounty managed activity.
((76) ) Picnic areas and use.
a.aRegulated.Picnic in a place other than those designated for that
purpose. Park attendants shall have the authority to regulate picnic
activities in such areas when necessary to prevent congestion and
to secure the maximum use for the comfort and convenience of all.
Page 11
No visitor shall fail to Visitors shall comply with any directions given
by park attendants to achieve this end.
b.bAvailability.Persons in a park shall observe the policy that use of
the individual fireplaces as well as tTables,and benchesand cooking
grills are available for use on ashall follow the rule of "firstcome, first
served." bBasis, unless previously reserved.
c. cDuty of picnicker.Leave a picnic area before the fire is completely
extinguished and before Open fires shall only be permitted as
specifically allowed by the Director, and shall be located in a
designated fire ring.Aall trash in the nature of boxes, papers, cans,
bottles, garbage and other refuse is shall be placed in the disposal
receptacles where provided. If no such trash receptacles are
available, all refuse and trash shall be carried away from the park
area by the picnicker to be properly disposed of elsewhere.
d.dNonexclusive.No person in a park shall Uuse any portion of the
park areas or of any of the buildings or structures therein without a
permit issued by the dDirector, for the purpose of holding activities
to the exclusion of other persons, nor shall any person use such area
and facilities for an unreasonable time if the facilities are crowded.
e.eReservations.Reservations for shelters onlymay be obtainedonly
by paying a fee, as determined by the Ddepartment of parks,
recreation and tourism for exclusive use during said time period.
Permits willonlybe issued only upon payment of fee and must be in
the possession of users to be valid. No person or group occupying a
shelter shall fail to relinquish the shelter to a party or group holding
a reservation permit from the dDepartmentof pParks, rRecreation
and tTourism.
(87)) AAthletic fields.In order tominimizeexcessive wear of athletic
fields, Use any Roanoke cCounty owned or maintained ball athletic fields
shallshouldnot be used for organized use unless the users have first until
first securing secured a field rental contract for field use from the
dDepartment. This requirement applies to all sanctioned or non-sanctioned
teams or organized groups. Field rental contracts may cover league teams
for a specific sport and may include multiple fields; however, copies of such
contracts shall be in the possession of a responsible individual for each non-
sanctioned team or organized group using any such ballathletic field.
(98))Camping.No person in a park shall Sset up atents, shacksor
any other temporary shelter for the purpose of camping,without a permit
from the dDirector. Unless a permit has been obtained from the Director,
Dduring closed hours, no person shall leave in a park any equipment,
Page 12
structure or vehicle to be used or that could be used forsuch purposes
camping, such as a house trailer, camp trailer, camp wagon or the like.
(10)Games.Take part in or organize any recreational activity or the playing of
any games, including but not limited to golf, except in areas set apart
therefor(119))Horseback riding.No person in a park shall Rride, drive
or lead a horse except on park drives or trails, as designated by the
dDirector. Where permitted, horses shall be thoroughly broken and properly
restrained, ridden with due care, and shall not be allowed to graze or go
unattended, nor be hitchedto any rock, tree orandshrub. No hoofed
animals will be allowed onturf areasoutside designated riding areas.
(1210)Missiles)Missilesand fireworks.No person in a park shall Ccarry,
shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes
or missiles of any kind in any park without a permit from the dDirector.
(1311) Photography.No person in a park shall mMake still or moving
pictures that involve the use of special settings, structures, lighting or
apparatus, or the performance of a cast of persons, either amateur or
professional, or the posing of professional models without prior written
authorization by the dDirector; said written permission may be issued only
when such activities will permit normal use of park facilities by other visitors.
However, the provisions of this section do not in any way restrict the
ordinary use of cameras by amateur photographersor commercial media
coverage.
(14)Remote control planes.Operate a remote control plane, glider, or motor propelled
aircraft in any park without a permit from the director.
Sec. 15-9.Meetings and concessions.
No person shall:
(1) Hold or takepart in any public meeting or event, religious, political, charitable or
otherwise, including picnic parties and entertainment for charitable or religious
purposes, in any public park without first obtaining written permission from the
director. Such assemblages shall be conducted in a lawful and orderly manner and
shall occupy such grounds and facilities as may be assigned to or reserved for
them.
(12) Concessions. No person in a park shall Ssell or offer for sale any food,
beverage, refreshment or any article or service whatsoever,in any park
exceptbyconcessionaires under contract with the cCounty orbynonprofit,
charitable or religious groups, authorized by permit from the dDirector.
Sec. 15-810.Behavior.
No person in anypark shall:
Page 13
(1) Intoxication.Enter upon or be in or remain in a park or recreation facility
while under the influence of alcoholic beverages or any controlled
substance as defined by the Drug Control Act of the Code of Virginia,.
except as authorized by a permit from the director.
(2) Taking a drink or tendering same.Take a drink of any alcoholic beverage
or tender a drink thereof to any other person, whether accepted or not,
except as permitted by Section 4.1-308C 4-78CTitle 4.1 of the Code of
Virginia, 1950, as amended, or as permitted by aand as authorizedpermit
issued by the Ddirector.
(3)Smoking. Smoke inside a public building.
(34)) Domestic animals.Be responsible for the presence of a dog
or other domestic animal in apark(excluding areas of parks designated by
the Director as "dog parks") unless such animal is carried, led by a chain,
strap or rope, or kept in a wagon, automobile or other vehicle. Dogs, cats or
other domestic animals shall not be permitted to enter any lake, pond,
fountain, swimming pool, or athletic field,unless said area has specifically
been designated as allowing said animals by a posting thereon. "Service
dogs"as defined in Section 51.5-40.1 of the Code of Virginia, 1950, as
amended, shall be excluded from the provisions of this section. All domestic
animal waste must be disposed of in a proper manner (i.e. scooper or plastic
baggie) by owner.
Be responsible for the entry of a dog or other domestic animal intoa park unless
carried, led by a chain, strap or rope, or kept in a wagon, automobile or other
vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not be
permitted to enter any lake, pond, fountain, swimming pool, stream, all special
event areas and tournaments, ball fields or food and beverage concession areas
within any park or recreation area. Service dogs shall be excluded from the
provisions of this regulation. All domestic animal waste must be disposed of in a
proper manner (i.e. scooper or plastic baggie) by owner.
No non-working animal or pet shall be allowed at s pecial e vents in county parks.Non-
working animals or pets include, but are not limited to, dogs, cats, horses, reptiles
or other animals that are present at a sSpecial eEvent other than for the express
purpose of assisting an individual with a disability. Also excluded are those
animals or pets which are an attraction and/or a part of the special event.
(45))Fires.Build or attempt to build a fire except in such areas and
under such regulations as may be designated by the dDirector. No person
shall drop, or throw or otherwise scatter lighted matches, burning cigarettes,
cigars, tobacco paper or other inflammable material within any park area,
or on any highway, road or street abutting or contiguous thereto.
Page 14
(56))Closed areas.Enter an area posted as "Closed to the Public"
or "No Trespassing,"or otherwise "closed" in accordance with section 15-
11(b) of this chapter. No nor shall any person shall use or abet the use of
any area in violation of posted notices.
(67))Going onto ice.Go onto ice on any of the waters except such
areas designated as skating areas and posted as such.
(78))Disorderly conduct and disturbing the peace.Cause
inconvenience, annoyance, or alarm to another by doing any of the
following:
a.. Engaging in fighting, engaging in threatening harm to persons or
property,orengagingin violent or turbulent behavior;
bb.Making unreasonable noise or offensively coarse utterance, gesture
or display, or communicating unwarranted and grossly abusive
language to any person;
cc.Insulting, taunting, or challenging another under circumstances in
which such conduct is likely to provoke a violent response;
dd.Hindering or preventing the movement of persons on a public street,
road or right-of-way, or to, from, within or upon public property, so as
to interfere with the rights of others and by any act whichserves no
lawful and reasonable purpose of the offender;
ee.Creating a condition which is physically offensive to persons or which
presents a risk of physical harm to persons or property, by any act
which serves no lawful or reasonable purpose of the offender.
(89))Exhibit permits.Fail to produce and exhibit any permitsfrom
the dDirector upon request of any police officer or park attendant who shall
request to inspect the same.
(910))Interference with permittees.Disturb or interfere
unreasonably with any person or party groupoccupying any area, or
participating in any activity, permitted by under the authority of a permit.
Sec. 15-119.Park operating policy.
(a1))Hours.Parks shall be open to the public every day of the year
from one-half (½) hour afterdaylight 6:00 a.m. to one-half (½) hour before
darkbefore sunset,except with the following exceptions:
Page 15
a. Ppark facilities with outdoor illuminated athleticfieldlightingshall be
open to the public from one-half (½) hour afterdaylight to 11:00 p.m.;
b.Park facilities withor special hours of operation,which when such
special hours of operation areshall beposted thereon.; and
c. Select exceptions after receiving sSpecial written permission from
the dDirectoror his or her designee. is required for any persons to
remain in any park area outside regular open hours.
Explore Park hours of operation shall be exempt from this provision.
(b2))Closed areas.Any section of any park may be declared closed
to the public by the dDirector at any time or for any interval of time, either
temporarily or at regular and stated intervals and either entirely or merely to
certain uses, as the dDirector shall find reasonably necessary.
(c3))Permit.A permit shall be obtained from the Ddirector before
participating in a park activity prohibited by theserulesset forth in this
chapter:.
(1) a.Application.A person seeking issuance of a permit hereunder
shall file an application with the dDirector. The application shall state:
tThe name and address of the applicant; the name and address of
the person, persons, corporation or association sponsoring the
activity, if any; the name, address and effective contact information
for a responsible individual for such permit; the day and hours for
which the permit is desired; an estimate of the anticipated
attendance; any other information which the dDirector shall find
reasonably necessary to a fair determination as to whether a permit
should be issued hereunder.
(2) b.Standards of issuance.The dDirector may issue a permit
hereunder when he finds: tThat the proposed activity or use of the
park will not unreasonably interfere or detract from the general public
enjoyment of the park; that the proposed activity and use will not
unreasonably interfere with or detract from the promotion of public
health, welfare, safety or recreation; that the proposed activity or use
is not reasonably anticipated to incite violence, crime or disorderly
conduct; that the proposed activity will not entail unusual,
extraordinary or burdensome expense or allocation of manpower
resources by the Roanoke cCounty pPolice dDepartment or other
operation by the cCounty; that the facilities desired have not been
reserved for other use at the day and hour required in the application.
Page 16
(3) c.Appeal.Within seven (7) days after receipt of an application,
the Ddirector shall either issue a permit or apprise an applicant in
writing of his reasons for refusing a permit .andAany aggrieved
person shall have the right to appeal in writing within five (5) days to
the assistant County Aadministrator, or hisor herdesignee, who
which shall consider the application under the standards set forth in
subsection (2) hereof and sustain or overrule the Ddirector's decision
within fifteen (15) days. The decision of the Ccounty Aadministrator,
or hisor herdesignee, shall be final.
d.(4) Effect of permit.A permittee shall be bound by all park rules
and regulations and all applicable ordinances fully as though the
same were inserted in said permits. The Director may impose
reasonable conditions in granting a permit under this section.
e.(5) Liabilityof permittee.The person or persons to whom a permit
is issued shall be liable for any loss, damage or injuries sustained by
any person whatsoever, by reason of the negligence of the person
or persons to whom such permits shall have been issued.and shall
indemnify and hold the county, its officers, employees and agents
harmless from any claim, judgment or award for damages or other
legal relief of any nature whether as a result of legal or administrative
action.
(6) f. Revocation.The Ddirector shall have the authority to revoke,
or otherwise modify,a permit upon finding a violation of the permit
conditions, any rule or ordinance, or upon good cause shown.
Reasonable efforts shall be made by the Ddepartment to promptly
notify the holderof the revokedor modifiedpermit of the Ddirector's
actions.
Sec. 15-1210.Fines and penalties.
(a) Unless a more severe punishment is specifically provided for under state law
which shall then be applicable to a violation of this chapter, a violation of any provision of
this chapter shall constitute a class 4 misdemeanor,;provided that nothing herein
contained shall limit the authority of the court to order restitution for the benefit of the
Ccounty as a result of any damage or abuse to property subject to this chapter.
(b) That any provision of the County Code not specifically amended or repealed above
shall remain in full force and effect as adopted.
(c) This chapter shall be in full forceand effect from and after its passage.
Page 17
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 13, 2021
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member’s knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies;and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1of 1