HomeMy WebLinkAbout7/27/2021 - Regular
Roanoke County
Board of Supervisors
July 27, 2021
NOTE: THERE WILL NOT BE A 7:00 P.M. SESSION AS THERE ARE
NO PUBLIC HEARINGS SCHEDULED.
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
he official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
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Roanoke County
Board of Supervisors
Agenda
July 27, 2021
Good afternoon and welcome to our meeting for July 27, 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
s website at
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 congratulating the Glenvar High School Girls Track Team for winning
the Virginia High School League (VHSL) Class 2 Championship (Martha B.
Hooker, Supervisor, Catawba Magisterial District)
D. NEW BUSINESS
1. Resolution authorizing and approving the Virginia Abatement Fund Settlement
Allocation Memorandum of Understanding (Peter S. Lubeck, County Attorney)
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2. Resolution authorizing the County of Roanoke to enter into a Memorandum of
Understanding with the Town of Vinton, for the County to support the Vinton
Hotel Redevelopment Project (Jill Loope, Director of Economic Development)
3. Revised resolution of the Board of Supervisors of Roanoke County, Virginia
declaring its intention to reimburse expenditures from the proceeds of a financing
for costs associated with the William Byrd High School renovations (Laurie
Gearheart, Director of Finance and Management Services)
E. FIRST READING OF ORDINANCES
1. Ordinance approving a lease with Eagle America, LLC. for placement of County
Communications and Information Technology infrastructure on Twelve O'Clock
Knob Road (Susan Slough, Assistant Director of Communications and
Information Technology)
2. Ordinance authorizing the granting of a new three hundred and ten square foot
(310 S.F.) drainage easement to the Board of Supervisors of Roanoke County,
on property owned by Stephen R. Stimeling, II (Tax Map No. 038.11-05-01.00-
0000) located at 303 Vista Avenue, for the purpose of drainage improvements,
Hollins Magisterial District (Tarek Moneir, Director of Development Services)
3.
to the Board of Supervisors of Roanoke County on property owned by Fred L.
Haynes, Jr. and Terri K. Haynes (Tax Map No. 095.01-02-41.00-0000), located at
7186 Bent Mountain Road, for the purpose of drainage improvements, Windsor
Hills Magisterial District (Tarek Moneir, Director of Development Services)
4. Ordinance authorizing the acquisition of one-half (1/2) interest in three parcels of
real property containing approximately 34 acres adjacent to Explore Park,
located in Roanoke County and in Bedford County; and authorizing execution of
a purchase agreement, a deed of conveyance, and other documents necessary
to accomplish the acquisition of this real estate (Lindsay Webb, Parks Planning
and Development Manager)
F. SECOND READING OF ORDINANCES
1. 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)
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2. 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)
G. PUBLIC HEARING AND SECOND 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 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)
H. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
I. 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. Resolution appointing representatives to the Local Finance Board
2. Resolution in support of the proposed American Rescue Plan funding for Virginia
Tourism Destinations
J. CITIZENS' COMMENTS AND COMMUNICATIONS
K. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of June 30, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of June 30, 2021
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5. Accounts Paid June 30, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of
June 30, 2021
L. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. David F. Radford
2. Paul M. Mahoney
3. Martha B. Hooker
4. Phil C. North
5. P. Jason Peters
M. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711 (A) (3) to discuss or consider the disposition of publicly held
real property that is presently used for park purposes, where discussion in an
open meeting would adversely affect the bargaining position or negotiating
strategy of the public body
N. CERTIFICATION RESOLUTION
O. ADJOURNMENT
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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 27, 2021
AGENDA ITEM: Resolution congratulating the Glenvar High School Girls
Track Team for winning the Virginia High School League
(VHSL) Class 2 Championship
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to recognize and congratulate the Glenvar High School
Girls Outdoor Track Team for winning the Virginia High School League Class 2
Championship.
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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 27, 2021
AGENDA ITEM: Resolution authorizing and approving the Virginia Abatement
Fund Settlement Allocation Memorandum of Understanding
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
Approval of the Virginia Abatement Fund Settlement Allocation Memorandum of
Understanding with the Commonwealth of Virginia
BACKGROUND:
The County (through outside opioid litigation counsel) and the Commonwealth of
Virginia are separately engaged in litigation seeking to recover costs incurred and to be
incurred in abating the opioid addiction epidemic that plagues Virginia communities. The
County and the Commonwealth, through counsel, have extensively negotiated the
terms of a memorandum of understanding relating to the allocation and use of such
litigation recoveries.
DISCUSSION:
approve the proposed memorandum of understanding. Some of the key provisions of
the agreement regarding the allocation and distribution of funds are set forth below.
· All opioid funds received will be initially divided as follows:
o 15% going to participating political subdivisions (including the County);
there will be no restrictions on the use of these funds,
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o 70% going to the "Virginia Opioid Abatement Share," and
o 15% going to the Commonwealth of VA.
· The 70% going to the Virginia Opioid Abatement Share will then be further
divided as follows:
o 15% shall be allocated to the participating political subdivisions and
shall be used for approved abatement purposes, and
o 55% shall be allocated to the Virginia Opioid Abatement Fund (that was
established by the General Assembly in 2021, pursuant to Section 2.2-
2365 et. seq. of the Code of Virginia).
FISCAL IMPACT:
There is no cost incurred in the approval of the memorandum of understanding.
STAFF RECOMMENDATION:
Staff recommends approval and authorization of the memorandum of understanding.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JULY 26, 2021
RESOLUTION AUTHORIZING AND APPROVING THE VIRGINIA
ABATEMENT FUND SETTLEMENT ALLOCATION MEMORANDUM OF
UNDERSTANDING
WHEREAS, , through its Board of
Supervisors and counsel, and the Commonwealth of Virginia, through the Office of the
Attorney General, are separately engaged in litigation seeking to recover costs incurred
and to be incurred in abating the opioid addiction epidemic that plagues Virginia
communities;
WHEREAS, the County and the Commonwealth of Virginia share a common desire
to abate and alleviate the impacts of the opioid addiction epidemic and to maximize
litigation recoveries from those third parties responsible for same;
WHEREAS, in order to advance their common interests, the County and the
Commonwealth of Virginia, through counsel, have extensively negotiated the terms of a
memorandum of understanding relating to the allocation and use of such litigation
recoveries;
outside opioid litigation counsel has recommended that
the County approve the proposed memorandum of understanding; and
WHEREAS, the County Attorney has reviewed the available information about the
proposed memorandum of understanding and concurs with the recommendation of
outside counsel;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County
of Roanoke, assembled on this day at which a quorum is present, that the County hereby
authorizes and approves, or confirms authorization and approval, of the Virginia
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Abatement Fund and Settlement Allocation Memorandum of Understanding attached
hereto and incorporated herein by reference thereto as , and directs the County
Administrator or any assistant county administrator to execute and enter into such
Memorandum of Understanding on behalf of the County.
Page 2 of 2
ACTION NO.
ITEM NO. D.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 2021
AGENDA ITEM: Resolution authorizing the County of Roanoke to enter into a
Memorandum of Understanding with the Town of Vinton, for
the County to support the Vinton Hotel Redevelopment
Project
SUBMITTED BY: Jill Loope
Director of Economic Development
APPROVED BY:
County Administrator
ISSUE:
The Town of Vinton has requested financial assistance for a Hotel redevelopment
project.
BACKGROUND:
The Town of Vinton and Roanoke County have been working jointly to secure a hotel
project since 2016, when Hospitality Marketers International, Inc. was retained to
complete a hotel market feasibility study. The Town issued a Request for Proposal
(RFP) in 2018 and again in 2021 to attract a developer that would redevelop six
properties owned by the Town for a new hotel. The Town received two formal
proposals and accepted a development proposal from Soundvue Development
LLC/McDevitt Company to purchase and redevelop the property for a new 90-120 room
hotel
The project consists of six (6) parcels acres, at a highly visible location at the gateway
entrance to the Town of Vinton at Pollard Street and East Virginia Ave. The property is
located within the Town's commercial business district, and is within close proximity to
the Vinton Library and the newly redeveloped Billy Byrd apartments, Vinyard Station
and Gish's Mill projects. The project involves six (6) parcels that will be improved with
the redevelopment at an estimated investment of $12 million. The redeveloped
properties are expected to generate a highly visible new commercial use for the
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property, with an expected opening in 2022.
The proposed uses for the property include a rooftop lounge, small meeting room,
underground parking and a food service option. The project is expected to generate up
to 25-30 new jobs, $3.7 million in anticipated gross revenues and $490,000 in annual
tax revenues for the Town and County. Annual Roanoke County tax revenues are
estimated at $150,746.
To make the project viable, financial assistance is required to offset extensive
redevelopment costs and improve public infrastructure. The Town has committed to
provide a Local Economic Development Incentive grant in the amount of $888,750 to
(Soundevue Development LLC/McDevitt) to redevelop the properties, provide gateway
improvements, and facilitate public infrastructure improvements associated with the
development (including pedestrian accommodations such as sidewalks, street lighting
and underground utilities that will complete the corridor upgrades). The incentive will be
provided in the form of a Public Private Partnership and Performance Agreement with
the Town, the developer and the Economic Development Authority. These
improvements will generate additional tax revenue, support the creation of new
employment opportunities and provide a highly desirable commercial use to further
enhance the downtown business district. The Town has requested the County
participate in this project by reimbursing up to $450,000 of the net new tax revenues
generated by the project, and permit fees up to $30,000.
The Memorandum of Understanding allows for the County to provide for the
reimbursement of permit fees in an amount not to exceed $30,000, and an economic
development grant in an amount equal to three (3) years of new local tax revenue
generated by the project to be reimbursed to the Town of Vinton. The total amount of
the grant shall not exceed $450,000 over a three (3) year period. If the development
generates less than the estimated new local tax revenue, then the actual grant for that
year shall be less. The three (3) year period will commence on January 1, 2023.
FISCAL IMPACT:
Roanoke County's participation in the Vinton Hotel redevelopment project will assist the
Town of Vinton with the redevelopment through a reimbursement of permit fees not to
exceed $30,000, and an annual reimbursement of net new taxes generated in an
amount not to exceed $450,000 per year, over a three (3) year period. The grant will be
calculated as a reimbursement based on new tax revenues generated by the project
therefore; the fiscal impact will be in the form of foregone revenue.
STAFF RECOMMENDATION:
Staff recommends approval of the Memorandum of Understanding between Roanoke
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County and the Town of Vinton
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AND
THE TOWN COUNCIL OF THE TOWN OF VINTON
TO SUPPORT THE VINTON/EAST COUNTY HOTEL PROJECT
Board of Supervisors Roanoke Countyn Council of
Vinton/East County Hotel
Project.
BACKGROUND REGARDING THE VINTON HOTEL PROJECT:
for downtown Vinton. The County joins the Town in its desire to make economic
development in the downtown area of Vinton a priority. It is the intent and shared goal of
both governments to work together to facilitate such development and economic growth.
The Town has proposed to enter into a performance agreement with the Roanoke
County Economic Development Authority and The McDevitt Company to
st
develop a limited service hotel at the intersection of South Pollard Street, 1 Street and
Cedar Avenue in the Town of Vinton, comprised of the following:
Hotel Parcels
Tax Map No. Address
060.15-06-38.00-0000 0 Cedar Avenue, Vinton, VA 24179
060.15-06-39.00-0000 0 Cedar Avenue, Vinton, VA 24179
060.15-06-40.00-0000 35 Cedar Avenue, Vinton, VA 24179
060.15-06-41.00-0000 509 South Pollard Street, Vinton, VA 24179
060.15-06-42.00-0000 0 South Pollard Street, Vinton, VA 24179
060.15-06-43.00-0000 537 South Pollard Street, Vinton, VA 24179
{00423170.DOCX } Page 1 of 4
Vinton/East County
Hotel Project, and the County has agreed to provide such support, conditioned upon the
entry of a performance agreement by the Town, the EDA and The McDevitt Company.
TERMS:
1. Upon entry of a performance agreement by the Town, the EDA, and The
McDevitt Company, the County agrees to annually pay the Town up to
$150,000 from net new taxes (including real property taxes; personal property
taxes; and sales taxes) generated by the Vinton/East County Hotel project
during the preceding year. Net new taxes shall be any taxes received in
excess of any taxes received from properties for tax year 2020. The County
will make payments under this section for a 3-year period; total payments for
all 3 years under this section will not exceed $450,000.
2. The County will also include a payment in the initial year of development of
up to $30,000, as a reimbursement of building permit fees paid by The
McDevitt Company.
3. The total of all payments from the County under this Agreement will not
exceed $480,000.
4. The first full year of the Vinton/East County Hotel operations is expected to
be 2023are expected to
be made in January 2024, and payments are expected to conclude in January
2026. These dates will be extended if the opening of the hotel is postponed
by agreement of the parties.
{00423170.DOCX } Page 2 of 4
5. The funds paid by the County will be used by the Town to assist with various
aspects of the Vinton/East County Hotel Project to include construction of the
hotel and other aesthetic site improvements of this important gateway into the
Town of Vinton and Eastern Roanoke County.
6. This MOU is subject to future appropriations by the Board of Supervisors of
Roanoke County.
MODIFICATION:
This MOU may be modified in writing from time to time as deemed mutually
desirable and acceptable to the parties.
EFFECTIVE DATE AND TERMINATION:
This MOU shall become effective as of the date when both parties have signed
and shall remain in effect until the final payment is made.
This MOU is executed by the duly authorized County Administrator on behalf of
the Board of Supervisors of Roanoke County, pursuant to Resolution _____________,
adopted by the Board of Supervisors on the 27th day of July 2021.
This MOU is executed by the duly authorized Town Manager on behalf of Town
Council of the Town of Vinton, pursuant to Resolution No. _______________, adopted
by the Council on the _____ day of ___________________, 2021.
BOARD OF SUPERVISORS OF ROANOKE COUNTY
_____________________ By: ________________________________________
Date
{00423170.DOCX } Page 3 of 4
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this ______ day of
_______________ 2021, by
My Commission Expires: ______________________________________
____________________ Notary Public
Approved as to form:
___________________________
Roanoke County Attorney
TOWN COUNCIL OF THE TOWN OF VINTON
_____________________ By: ________________________________________
Date Richard W. Peters Jr., Town Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _______________
The foregoing instrument was acknowledged before me this ______ day of
_______________ 2021, by Richard W. Peters Jr., Town Manager.
My Commission Expires: ______________________________________
____________________ Notary Public
Approved as to form:
________________________
Town of Vinton Attorney
{00423170.DOCX } Page 4 of 4
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
RESOLUTION AUTHORIZING THE COUNTY OF ROANOKE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
TOWN OF VINTON, FOR THE COUNTY TO SUPPORT THE VINTON
HOTEL REDEVELOPMENT PROJECT
WHEREAS,
Plan have created a vision for downtown Vinton; and
WHEREAS, the County joins the Town in its desire to make economic
development in the downtown area of Vinton a priority; and
WHEREAS, the Town has proposed to enter into a performance agreement
with the Roanoke County Economic Development Authority and The McDevitt
CompanyVinton Hotel
st
located at the intersection of South Pollard Street, 1 Street and Cedar Avenue in the
Town of Vinton, comprised of the following:
Vinton Hotel Redevelopment Project
Tax Map No. Address
060.15-06-38.00-0000 0 Cedar Ave.
060.15-06-39.00-0000 0 Cedar Ave.
060.15-06-40.00-0000 35 Cedar Ave.
060.15-06-41.00-0000 509 S. Pollard St.
060.15-06-42.00-0000 0 S. Pollard St.
060.15-06-43.00-0000 537 S. Pollard St.
and;
Vinton Hotel project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
Page 1 of 2
1. That upon entry of a performance agreement by the Town, the Roanoke
County Economic Development Authority, and The McDevitt Company, the
County Administrator is hereby authorized to enter a Memorandum of
Understanding, on behalf of the County, with the Town of Vinton, in
substantial form as attached to this resolution, but with any minor changes
that may be necessary, as approved by County Attorney, for the County to
provide financial assistance to support the Vinton Hotel redevelopment
project.
2. Such financial assistance shall be limited to up to $30,000 in building permit
fees, and three annual payments not to exceed $150,000 each, from net
new taxes generated from the Vinton Hotel parcels during the preceding tax
year. Net new taxes shall be any taxes received in excess of any taxes
received from the Vinton Hotel properties for tax year 2020. Total payments
for all three years, including permit fees, will not exceed $480,000.
3. The first full year of Vinton Hoteloperations is expected to be 2023.
are expected to be made
in January 2024, and payments are expected to conclude in January 2026.
Page 2 of 2
ACTION NO.
ITEM NO. D.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 2021
AGENDA ITEM: Revised resolution of the Board of Supervisors of Roanoke
County, Virginia declaring its intention to reimburse
expenditures from the proceeds of a financing for costs
associated with the William Byrd High School renovations
SUBMITTED BY: Laurie Gearheart
Director of Finance and Management Services
APPROVED BY:
County Administrator
ISSUE:
To adopt a revised resolution declaring the intent to reimburse expenditures from
future bond proceeds
BACKGROUND:
Renovations to the William Byrd High School is a project in the Roanoke County School
Board Capital Improvement Plan and a contract was awarded as of November 12,
2020.
On January 12, 2021 the Roanoke County Board of Supervisors approved resolution
011221-2 to declare its intent to allow the Roanoke County School Board to reimburse
current expenditures from the future proceeds of financing for costs associated with the
William Byrd High School renovations.
DISCUSSION:
On June 1, 2021 the Roanoke County School Board approved a revised contract for the
William Byrd High School renovation, which increased the cost by $7,441,540.
On June 10, 2021 the Roanoke County School Board approved a revised 2022-2031
Capital Improvement Plan (CIP) which reduced the bond proceeds allocated to W.E.
Page 1 of 2
Cundiff Elementary School and Glen Cove Elementary renovations by $3,720,770 and
$3,720,771, respectively, and increasing the bond proceeds to the William Byrd High
School renovations in the 2021-2022 CIP by $7,441,540.
Due to the increase in costs, the Roanoke County School Board will adopt a revised
resolution of Intent to Reimburse with Future Bond Sale on July 22, 2021, as outlined on
their consent agenda at their work session held on July 13, 2021.
This action requires the resolution approved by the Roanoke County Board of
Supervisors on January 12, 2021, to be updated for the total project costs as outlined in
the attached revised Resolution of Intent to Reimburse with future bond proceeds.
FISCAL IMPACT:
This revised resolution gives the School Board the option to include expenditures
currently being made associated with the replacement.
STAFF RECOMMENDATION:
Staff recommends approving the attached revised reimbursement resolution for the
renovations of William Byrd High School.
Page 2 of 2
AT A REGULARMEETINGOFTHE BOARDOF SUPERVISORSOFROANOKE
COUNTY, VIRGINIA,HELDATTHE ROANOKECOUNTYADMINISTRATIONCENTER
ONTUESDAY,JANUARY12, 2021
RESOLUTION011221-2OFTHEBOARDOFSUPERVISORSOFTHE
COUNTYOFROANOKE,VIRGINIA,DECLARINGITSINTENTIONTO
REIMBURSEEXPENDITURESFROMTHEPROCEEDSOFA
FINANCINGFORCOSTSASSOCIATEDWITHTHEWILLIAM BYRD
HIGH SCHOOL RENOVATIONS
Whereas,theBoardofSupervisorsoftheCountyofRoanoke,Virginia(the
"County")hasdeterminedthatitmaybenecessaryordesirabletoadvancemoneyto
paythecostsassociatedwiththeWilliam Byrd High School renovationsProject(the
"Project")beforeundertakingatax-exemptfinancingforsomeorallofthecosts ofthe
Project.
NOWTHEREFORE,BEITRESOLVED,BYTHEBOARDOFSUPERVISORS
OF ROANOKE COUNTY,VIRGINIA,asfollows:
1.TheBoardofSupervisorsadoptsthisdeclarationofofficialintentunder
TreasuryRegulationsSection1.150-2.
2.The BoardofSupervisorsreasonablyexpectsto reimburseadvancesmadeor
tobemadetopaythecostsofdesigning,constructingandequippingtheProject
fromtheproceedsofatax-exempt financing.
3.Onthedateeachadvanceismade,itwillbeacapitalexpenditure(orwould
bewithaproperelection)undergeneralfederalincometaxprinciplesorwillotherwise
complywiththe requirementsofTreasuryRegulationsSection1.150-2(d)(3).
4.Theexpectedmaximumprincipalamountofthetax-exemptfinancingtobe
incurred for theProject is $ 15,000,000.
Page 1of 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
REVISED RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO
REIMBURSE EXPENDITURES FROM THE PROCEEDS OF A
FINANCING FOR COSTS ASSOCIATED WITH THE WILLIAM BYRD
HIGH SCHOOL RENOVATIONS
Whereas, the Board of Supervisors of the County of Roanoke, Virginia (the
"County") has determined that it may be necessary or desirable to advance money to
pay the costs associated with the William Byrd High School renovations Project (the
"Project") before undertaking a tax-exempt financing for some or all of the costs of the
Project.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made to pay the costs of designing, constructing and equipping the Project
from the proceeds of a tax-exempt financing.
3. On the date each advance is made, it will be a capital expenditure (or would
be with a proper election) under general federal income tax principles or will otherwise
comply with the requirements of Treasury Regulations Section 1.150-2(d)(3).
4. The revised expected maximum principal amount of the tax-exempt
financing to be incurred for the Project is $ 22,441,541.
Page 1 of 2
5. The adoption of this revised resolution is consistent with the budgetary and
financial circumstances of the County.
6. This revised resolution shall take effect immediately upon its adoption.
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 27, 2021
AGENDA ITEM: Ordinance approving a lease with Eagle America, LLC. for
placement of County Communications and Information
Technology infrastructure on Twelve O'Clock Knob Road
SUBMITTED BY: Susan Slough
Assistant Director of Communications andTechnology
APPROVED BY:
County Administrator
ISSUE:
Approval of lease agreement with Eagle America, LLC for placement of critical
emergency communications equipment on Twelve O'Clock Knob Road.
BACKGROUND:
Section 18.04 of the Charter of Roanoke County requires the acquisition of any interest
in real estate shall be approved by the Board by ordinance.
The County provides public safety services to its citizens and places various
communications equipment at non-County locations to facilitate communications
throughout the County. Given the topography of the County, such equipment is most
effective when placed in specific locations around the county. The Twelve O'Clock Knob
location has been a viable spot for placement of the equipment to support the public
safety infrastructure.
The County has re-negotiated a long-standing contract with Eagle America, LLC for a
ground lease for such equipment as it provides public safety services to persons in the
County.
DISCUSSION:
Page 1 of 2
The leased premises consist of 1,000 square feet of parcel and is located at 3351
Twelve O'Clock Knob Road in Roanoke County
The term of the lease shall be a period of five (5) years and commence on August 1,
2021 and terminating on July 31, 2026.
FISCAL IMPACT:
The County shall pay as rent the sum of one thousand dollars ($1,000) per month for
first year of the lease. Rent shall increase fifty dollars ($50) per month during each
successive renewal year.
STAFF RECOMMENDATION:
Staff recommends approving the first reading of the ordinance and establishing a
second reading on August 10, 2021
Page 2 of 2
EFFE!PG!MFBTF!
!
WHEREAS, Eagle American, LLC is the owner of a certain parcel of property in
Roanoke County, which parcel is more fully described herein, that the Board of Supervisors
of Roanoke County has leased for placement of certain critical emergency
communications equipment since 2004; and
WHEREAS, Eagle American, LLC is a successor in interest to the prior landowner
and landlord; and
WHEREAS, the County, through its Communications-Information Technology staff,
has determined that the continued placement of
emergency communications infrastructure; and
WHEREAS, the County and Eagle American, LLC have reached an agreement for the
County to continue leasing space on the Eagle American, LLC property for the County
communications equipment, the parties have agreed to the following terms, which shall
supersede and replace the terms of any prior agreements regarding the placement of County
communications equipment:
W I T N E S S E T H
This DEED OF LEASE, made and entered into this 1st day of August, 2021, by and
between EAGLE AMERICAN, LLC, Lessor,
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision
of the Commonwealth of Virginia, its successors or assigns, Grantee, hereinafter referred to
County.
That for and in consideration of the premises and the mutual covenants contained
herein, the parties agree as follows:
1. Mfbtfe!Qsfnjtft/!!The Landlord hereby rents and leases to the County, in
accordance with the terms and conditions set forth in this Agreement, the following real
property, herein referred to as tremises,-wit:
A portion of that tract or parcel of real estate located on 3351 Twelve lock
Knob Road, in Roanoke County, consisting of 1,000 square feet, in the County
of Roanoke, located at Latitude 37-15-12, Longitude 80-04-56, as depicted on
Exhibit A, attached hereto.
2. Ufsn!pg!Mfbtf/ The term of this lease shall be for a period of five (5) years,
said term to commence on August 1, 2021 and continue through July 31, 2026. Neither party
tğŭĻ Њ ƚŅ Б
may terminate this five-year lease. Upon expiration of this five-year term, County shall have
the option to renew this Lease for five (5) additional years in successive one (1) year terms,
commencing August 1, 2026 and continuing until July 31, 2031, upon the same terms and
conditions contained in this Agreement with exception to the Rental amount stated in
paragraph 3; said lease may be renewed by providing written notice to the Landlord on or
before the 1st day of February 2022. The successive renewals may be terminated at the end of
each one (1) year term by either party by providing a six (6) months written notice. If the
Premises are sold by the Landlord, termination Notice will be ninety (90) days written notice
from the Purchase Contract Effective Date.
3. Sfoubm/ The County shall pay as rent the sum of One Thousand Dollars
($1,000.00) per month for first year of the lease. Rent shall increase Fifty Dollars ($50) per
month during each successive renewal year. Rent shall be payable each month in advance by
County to Landlord at the address designated herein, without demand therefor. County
obligation to pay amounts due herein is subject to annual appropriations for such purpose
from the governing body of the County of Roanoke. The schedule of montrent is more
specifically set forth below:
Original five (5) vear term:
$1000.
August 1, 2021 to July 31,
$1050.
August 1, 2022 to July 31,
$1100.
August 1, 2023 to July 31,
$1150.
August 1, 2024 to July 31,
$1200.
August 1, 2025 to July 31,
Successive renewal one (l ) year
terms:
$1250.
$1300.
August 1, 2027 to July 31,
$1350.
August 1, 2028 to July 31,
$1400.
August 1, 2029 to July 31,
$1450.
August 1, 2030 to July 31,
4. Ubyft/ The County is a tax-exempt political subdivision of the
Commonwealth of Virginia. County-exempt status shall not inure to the benefit of
Landlord. During the term of this Lease, Landlord shall remain responsible for the payment
of all applicable local, state and federal taxes including, but not limited to, real estate taxes
and assessments.
tğŭĻ Ћ ƚŅ Б
5. Vtf!boe!Qpttfttjpo/ It is understood and agreed by the parties that the
Premises are to be used, during the term of this lease, for the purpose of locating and
installing County and may include the construction
of certain improvements by the County for any related purposes. Any structures or other
improvements placed upon the property by the County shall remain the property of the
County and may be removed at any time prior to the expiration of this Agreement, but such
removal shall not be deemed an abandonment or waiver of County
Agreement. Upon the expiration of this lease, County shall, at County, remove any
above ground improvements from the premises, unless County and Landlord make an
agreement for any or all improvements to remain on the premises. County shall have the right
to sublease any portion of the leased premises; however, no sublease shall relieve the County
of any of its obligations under this Lease. County shall remit to Landlord twenty-five percent
(25%) of the sub-lease revenue received by County for the Premises.
6. Dpoejujpo/!!The County has examined and knows the condition of the
Premises and accepts same in its current condition. County acknowledges that no
representation as to the condition or repair of the Premises thereof has been made by the
Landlord, except as provided for herein. The Premises shall be returned to the Landlord at the
expiration of this lease in its current condition and state of repair, with allowance for ordinary
wear and tear. Landlord represents and warrants to County that Landlord has never generated,
stored, handled, disposed of any hazardous waste or hazardous substance upon the Leased
Premises, and that Landlord has no knowledge of such uses historically having been made of
the Leased Premises or such substances having been introduced on Leased Premises.
7. Jnqspwfnfout/!!The communications equipment including, without
limitation, antennas, conduits, and other improvements shall be at County expense, and
installation shall be at the discretion and option of County. County shall have the right to
replace, repair, add or otherwise modify its communications equipment, antennas, conduits or
other improvements or any portion thereof and the frequencies over which the
communications equipment operates, whether or not any of the communications equipment,
antennas, conduits or other improvements are listed on Exhibit A.
8. Mjbcjmjujft/ During the term of this Lease, County will provide and pay for all
utilities which may be necessary for the reasonable and proper use of the leased premises by
the County. Landlord agrees to grant such approvals to the utility companies as may be
necessary for the installation of utility services. County shall notify the Landlord of any
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needed maintenance on the access road. Landlord and County shall agree to necessary
maintenance and shared costs for same.
9. Jotvsbodf/ County covenants that it shall, during the term of this lease, keep
in full force and effect a policy of general liability insurance or such comparable self-
insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of
at least $1,000,000 for personal injury to or death of any one person and $2,000,000 for
injury to or death of more than one person in any one occurrence and $100,000 for property
damage.
10. Mboempse!Dpwfobout/ Landlord covenants and represents that it has the full
and complete ownership of the leased Premises; that it has the full power and right to execute
this lease and to perform the obligations hereunder; that no private restrictions exist with
respect to the said premises or the use thereof; that no one, exclusive of the Landlord and
County and their respective successors in interest, has any interest in or claim against the
leased premises; and that the proposed use of the leased premises by the County is lawful and
permissible under all laws and regulations.
11. Opujdft/ All written notices required or permitted by this Lease Agreement
may be delivered in person or shall be sent by certified mail, return receipt requested (postage
prepaid), to the Landlord or County at the following addresses:
Landlord: Eagle American, LLC
P.O. Box 907
Salem, VA 24153
County: Board of Supervisors of Roanoke County
Attn: Bill Hunter, Director
Communications and Information Technology Department
5925 Cove Road
Roanoke, VA 24019
12. Bhfou/ Landlord acknowledges that no real estate agent was involved in this
transaction and agrees to indemnify and hold County harmless from any claim for a
commission by reason of any action on Landlord
13. Npejgjdbujpo/ This Agreement represents the entire understanding between
the parties and may not be modified or changed except by written instrument executed by the
parties.
tğŭĻ Ѝ ƚŅ Б
14. Hpwfsojoh!Mbx/ This Agreement shall be construed pursuant to the laws of
the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs,
personal representatives, successors and assigns.
15. Bvuipsjuz/ This Lease Agreement is executed by the County Administrator of
Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County,
Virginia, pursuant to Ordinance #____________________ adopted by said Board on the
________ day of ________________, 2021.
16. Joefnojgjdbujpo/!!Landlord shall indemnify County and hold County
harmless from and against any and all claims, actions, damages, liability and expense
(including without limitation, fees of attorneys, investigators and experts) in connection with
the loss of life, personal injury or damage to property caused to any person in or about the
Premises or occasioned wholly or in part by any act or omission of Landlord, its agents,
contractors, employees, licensees or invitees; unless such loss, injury or damage was caused
solely by the negligence of County, its agents, employees, licensees or invitees. County
agrees that it maintains liability and other applicable insurance policies for any covered acts
that may result from negligent acts or omissions of County
assigns.
17. Sjhiu!pg!Gjstu!Sfgvtbm/ If at any time after the Effective Date, Landlord
receives an offer or letter of intent from any person or entity that is in the business of owning,
managing or operating communications facilities, or is in the business of acquiring Landlord
interests in agreements relating to communications facilities, to purchase fee title, an
easement, a lease, a license, or any other interest in the Premises or any portion thereof or to
acquire any interest in this Agreement, or an option for any of the foregoing, Landlord shall
provide written notice to County LandlordLandlord
any other
consideration being offered, the other terms and conditions of the offer, a description of the
portion of and interest in the Premises and/or this Agreement which will be conveyed in the
proposed transaction, and a copy of any letters of intent or form agreements presented to
Landlord by the third party offeror. County shall have the right of first refusal to meet any
bona fide offer of sale or transfer on the terms and conditions of such offer or by effectuating
a transaction with substantially equivalent financial terms. If County fails to provide written
notice to Landlord that County intends to meet such bona fide offer within 30 days after
receipt of LandlordLandlord may proceed with the proposed transaction in
accordance with the terms and conditions of such third party offer, in which event this
tğŭĻ Ў ƚŅ Б
Agreement shall continue in full force and effect, and the right of first refusal described in
this paragraph shall survive any such conveyance to a third party. If County provides
Landlord with notice of County
receipt of LandlordLandlord
greater space than the Premises, County may elect to proceed with a transaction covering
only the Premises, and the purchase price shall be pro-rated on a square footage basis.
Further, Landlord acknowledges and agrees that if County exercises this right of first refusal,
County may require a reasonable period of time to conduct due diligence and effectuate the
closing of a transaction on substantially equivalent financial terms of the third party offer.
County may elect to amend this Agreement to effectuate the proposed financial terms of the
third party offer rather than acquiring fee simple title or an easement interest in the Premises.
For purposes of this Paragraph, any transfer, bequest or devise of Landlord's interest in the
Property as a result of the death of Landlord, whether by will or intestate succession, or any
conveyance to Landlord
for the benefit of family members, shall not be considered a sale for which County has any
right of first refusal.
18. Sjhiut!Vqpo!Tbmf/ Should Landlord, at any time during the Term, decide (i)
to sell or otherwise transfer all or any part of the Property, or (ii) to grant to a third party by
easement or other legal instrument an interest in and to any portion of the Premises or
Easement, such sale, transfer, or grant of an easement or interest therein shall be under and
subject to this Agreement, and any such purchaser or transferee shall recognize County's
rights hereunder. In the event that Landlord completes any such sale, transfer, or grant
described in this paragraph without executing an assignment of the Agreement whereby the
third party agrees in writing to assume all obligations of Landlord under this Agreement, then
Landlord shall not be released from its obligations to County under this Agreement, and
County shall have the right to look to Landlord and the third party for the full performance of
the Agreement.
19. Fyfdvujpo/ This Agreement shall be executed in duplicate, each of which
shall constitute an original.
WITNESS the following signatures and seals:
Approved as to form: BOARD OF SUPERVISORS
OF ROANOKE COUNTY
tğŭĻ Џ ƚŅ Б
!
!
````````````````````````````````!By__________________________________
County Attorney
County Administrator
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_____________________________, 2021, by , County Administrator.
_____________________________________
Notary Public
My commission expires: ___________
Registration No. __________________
tğŭĻ А ƚŅ Б
EAGLE AMERICAN, LLC
!
!
By__________________________________
Sherrill L. Smith
Member of Eagle American, LLC
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
___________________________, 2021, by Sherrill L. Smith.
_____________________________________
Notary Public
My commission expires: ___________
Registration No. __________________
tğŭĻ Б ƚŅ Б
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JULY 27, 2021
ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE
ADDENDUM BETWEEN ROANOKE COUNTY AND EAGLE AMERICAN,
WHEREAS, Roanoke County and Eagle American, LLC
wish to enter into an addendum of an existing ground lease whereby the County
will continue to lease approximately
Road at Latitude 37-15-12, Longitude 80-04-56 in Roanoke County, more particularity
depicted on Exhibit A of the Lease, together with the non-exclusive right of ingress and
egress to the Leased Premises over the existing gravel access and private driveway for
purposes of maintaining an existing emergency communications tower and facility with
supporting equipment; and
WHEREAS, the location of the tower is a site that is critical for emergency
communications infrastructure; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on July 27, 2021
and the second reading was held on August 10, 2021.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. The 2021 ground lease addendum between Roanoke County and Eagle
American, LLC be approved.
Page 1 of 2
2. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further
actions as are necessary to accomplish this transaction, all of which shall be
upon form and subject to the conditions by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
Page 2 of 2
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 27, 2021
AGENDA ITEM: Ordinance authorizing the granting of a new fiftee
drainage easement to the Board of Supervisors of Roanoke
County on property owned by Fred L. Haynes, Jr. and Terri
K. Haynes (Tax Map No. 095.01-02-41.00-0000), located at
7186 Bent Mountain Road, for the purpose of drainage
improvements, Windsor Hills Magisterial District
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY:
County Administrator
ISSUE:
Ordinance authorizing the granting of a new fifteen foot (15') drainage easement to
the Board of Supervisors of Roanoke County on property owned by Fred L. Haynes,
Jr., and Terri K. Haynes (Tax Map No. 095.01-02-41.00-0000) for the purpose of
drainage improvements, Windsor Hills Magisterial District.
BACKGROUND:
Fred L. Haynes and Terri K. Ha
acres (more and less) drainage easement to the Roanoke County Board of Supervisors
located on Tap Max No. 095.01-02-41.00-0000 as shown on the attached plat.
DISCUSSION:
The easement is necessary for the installation and maintenance of an adequate
drainage system to prevent flooding of an adjacent home east of the subject property.
Staff met with the Virginia Department of Transportation and it was felt that constructing
an adequate outfall was the best solution. Our drainage crew will be making the
necessary improvements within the drainage easement.
Page 1 of 2
Once this drainage easement is accepted by Roanoke County and improvements
completed, Roanoke County will assume the responsibility for ongoing maintenance.
FISCAL IMPACT:
There is no additional fiscal impact associated with this agenda item. The County will
maintain the structures within the drainage easement utilizing existing funding
designated for stormwater maintenance within the Department of Development
Services budget.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling of the
second reading for August 10, 2021.
Page 2 of 2
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
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¨!28/2.377!pg!uif!Dpef!pg!Wjshjojb!)2:61*-!bt!bnfoefe/!
!
Spboplf!Dpvouz!Uby!Nbq!Op;!095.01-02-41.00-0000!
Qspqfsuz!Pxofst;!Fred L. Haynes, Jr. and Terri K. Haynes
THIS DEED OF EASEMENT is entered into this ________ day of ______________,
20__, by and between GSFE!M/!IBZOFT-!KS/!and UFSSJ!L/!IBZOFT, Grantors, and the
CPBSE!PG!TVQFSWJTPST!PG!SPBOPLF!DPVOUZ-!WJSHJOJB-!a political subdivision
of the Commonwealth of Virginia, Grantee.
W I T N E S S E T H
That for and in consideration of the sum of Ten Dollars ($10.00), paid in hand at and with
the execution and delivery of this Deed, and other good and valuable consideration, the receipt,
adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the Grantee, its successors and assigns, the following described real estate for
drainage purposes:
A to construct,
install, improve, operate, inspect, use, maintain, and repair or replace a drainage
system, together with related improvements, including slope(s), if applicable,
together with the right of ingress and egress thereto from a public road, upon,
over, under, and across a tract or parcel of land belonging to Fred L. Haynes, Jr.
and Terri K. Haynes, Grantors, shown and designated a
upon the Plat EASEMENT PLAT FOR
ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES
prepared by Caldwell White Associates, dated June 7, 2021 and revised on June
10, 2021, said parcel being designated on the Roanoke County Land Records as
Tax Map # 095.01-02-41.00-0000. The location of said easement is more
particularly described on the plaExhibit A
incorporated herein.
Qbhf!2!pg!6!
!
The drainage easement being for the installation and maintenance of a drainage system,
and to allow for necessary grading and storage during any phase of construction, reconstruction,
repair or replacements of the improvements to the drainage system, the location of which is set
forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor
property that may be directly caused by the construction, reconstruction, or maintenance of said
project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected
to restore the property to the identical original condition, but rather as near thereto as is
practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents have the
right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery,
undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that
in any way endanger or interfere with the proper use of the same. The Grantor covenants that no
building or structure shall be erected upon or within the easement herein granted or placed in
such location as to render said easement inaccessible. In the event that this covenant is violated,
the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such
improvements if damaged or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor
property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any
other improvements placed upon, under, or across the easement by the Grantee shall remain the
property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their successors and assigns
that the consideration aforementioned and the covenants herein shall be in lieu of any and all
Qbhf!3!pg!6!
!
claims to compensation and damages by reason of the location, construction, operation,
maintenance, or reconstruction of or within the easement area.
The grant and provision of this Deed of Easement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
, County Administrator of Roanoke County, Virginia, hereby joins
in the execution of this instrument to signify the acceptance by the Board of Supervisors of the
interest in the real estate conveyed herein pursuant to Action No. _________________ adopted
by the Board of Supervisors of Roanoke County, Virginia, on the _______ day of
__________________, 20__.
WITNESS the following signatures and seals:
By____________________________________
!!!!GSFE!M/!IBZOFT-!KS/!
!
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Gsfe!M/!Ibzoft-!Ks.
_______________________________________
Notary Public
My commission expires: _______________
Qbhf!4!pg!6!
!
By____________________________________
!!!!UFSSJ!L/!IBZOFT!
!
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Ufssj!L/!Ibzoft.
_______________________________________
Notary Public
My commission expires: _______________
Qbhf!5!pg!6!
!
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By____________________________________
, County Administrator
State of Virginia
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by oofmm, County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
_______________________________________
Notary Public
My commission expires: _______________
Approved as to form:
_______________________________!
County Attorney
Qbhf!6!pg!6!
!
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 AUTHORIZING THE GRANTING OF A NEW FIFTEEN (15)
FOOT DRAINAGE EASEMENT TO THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, ON PROPERTY OWNED BY FRED L. HAYNES,
JR AND TERRI K. HAYNES (TAX MAP NO. 095.01-02-41.00-0000),
LOCATED AT 7186 BENT MOUNTAIN ROAD, FOR THE PURPOSE OF
DRAINAGE IMPROVEMENTS, WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, it appears that improvements to a drainage system located at 7186
Bent Mountain Road (Tax Map No. 095.01-02-41.00-0000), in the Windsor Hills
Magisterial District, are needed; and
WHEREAS, in order to assist the property owner in making such drainage system
improvements, the County has requested that the property owner grant a new fifteen (15)
foot easement to the County; and
WHEREAS, the property owner has agreed to convey the new fifteen (15) foot
drainage easement to the County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 27, 2021, and the second reading and was
held on August 10, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new fifteen (15) foot drainage easement by Fred
L. Haynes, Jr. and Terri K. Haynes to the Roanoke County Board of Supervisors, in the
Page 1 of 2
Windsor Hills Magisterial District, located at 7186 Bent Mountain Road (Tax Map No.
095.01-02-41.00-0000), is hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrator,
either of whom may act, are authorized to execute, deliver and record the deed, and any
other documents on behalf of the County, and to take all such further action as any of
them may deem necessary or desirable in connection with this project. The form of the
deed is hereby approved with such completions, omissions, insertions and changes as
the County Administrator may approve, whose approval shall be evidenced conclusively
by the execution and delivery thereof, all of which shall be approved as to form by the
County Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
Page 2 of 2
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 27, 2021
AGENDA ITEM: Ordinance authorizing the granting of a new three hundred
and ten square foot (310 S.F.) drainage easement to the
Board of Supervisors of Roanoke County, on property
owned by Stephen R. Stimeling, II (Tax Map No. 038.11-05-
01.00-0000) located at 303 Vista Avenue, for the purpose of
drainage improvements, Hollins Magisterial District
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY:
County Administrator
ISSUE:
Ordinance granting of a new 310 square foot (310 S.F.) drainage easement to the
Board of Supervisors of Roanoke County on property owned by Stephen R.
Stimeling, II (Tax Map No. 038.11-05-01.00-0000) for the purpose of drainage
improvements in the Hollins Magisterial District.
BACKGROUND:
Mr. Stephen R. Stimeling, II is granting a new 310 square foot storm drain easement to
the Roanoke County Board of Supervisors located on Tax Map No. 038.11-05-01.00-
0000 as shown on the attached plat property located at 303 Vista Avenue, in the Hollins
Magisterial District.
DISCUSSION:
The easement is necessary for the installation and maintenance of an adequate
a stormwater conveyance system for this area of Oakland Boulevard was not
completed. As a result, the existing drainage system becomes overwhelmed creating
erosion and, at times, makes the roadway impassable.
Page 1 of 2
The Virginia Department of Transportation will be participating in this project by
providing new structures (drop inlets, manholes, pipes) and pavement work. However,
Roanoke County drainage crews will be performing the construction and installation of
the new structures.
Once this drainage easement is accepted by Roanoke County and improvements
completed, Roanoke County will assume responsibility for ongoing maintenance.
FISCAL IMPACT:
There is no additional fiscal impact associated with this agenda item. The County will
maintain the structures within the drainage easement utilizing existing funding
designated for stormwater maintenance within the Department of Development
Services budget.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling of the
second reading for August 10, 2021.
Page 2 of 2
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
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Spboplf!Dpvouz!Uby!Nbq!Op;!038.11-05-01.00-0000!
Qspqfsuz!Pxofs;!Stephen R. Stimeling, II
THIS DEED OF EASEMENT is entered into this ________ day of ______________,
20__, by and between TUFQIFO!S/!TUJNFMJOH-!JJ, Grantor, and the CPBSE!PG!
TVQFSWJTPST!PG!SPBOPLF!DPVOUZ-!WJSHJOJB-!a political subdivision of the
Commonwealth of Virginia, Grantee.
W I T N E S S E T H
That for and in consideration of the sum of Ten Dollars ($10.00), paid in hand at and with
the execution and delivery of this Deed, and other good and valuable consideration, the receipt,
adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and
CONVEY unto the Grantee, its successors and assigns, the following described real estate for
drainage purposes:
A 310 square foot storm drain easement to construct, install, improve, operate,
inspect, use, maintain, and repair or replace a drainage system, together with
related improvements, including slope(s), if applicable, together with the right of
ingress and egress thereto from a public road, upon, over, under, and across a tract
or parcel of land belonging to Stephen R. Stimeling, II, Grantor, shown and
310 Sq. Ft. STORM DRAIN EASEMENT TO BE CONVEYED
TO THE COUNTY OF ROANthe Plat EASEMENT PLAT
FOR COUNTY OF ROANOKE, VIRGINIA SHOWING 310 Sq. Ft. OF STORM
DRAIN EASEMENT BEING CONVEYED TO THE COUNTY OF ROANOKE,
prepared by Caldwell White
Associates, dated May 13, 2021, said parcel being designated on the Roanoke
County Land Records as Tax Map # 038.11-05-01.00-0000. The location of said
Exhibit A
and by reference incorporated herein.
Qbhf!2!pg!5!
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The drainage easement being for the installation and maintenance of a drainage system,
and to allow for necessary grading and storage during any phase of construction, reconstruction,
repair or replacements of the improvements to the drainage system, the location of which is set
forth on the plat. The Grantee agrees to restore and repair any actual damage to Grantor
property that may be directly caused by the construction, reconstruction, or maintenance of said
project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected
to restore the property to the identical original condition, but rather as near thereto as is
practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents have the
right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery,
undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that
in any way endanger or interfere with the proper use of the same. The Grantor covenants that no
building or structure shall be erected upon or within the easement herein granted or placed in
such location as to render said easement inaccessible. In the event that this covenant is violated,
the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such
improvements if damaged or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect Grantor
property have been fully explained to Grantor. The fixtures, facilities, lines, utilities, and any
other improvements placed upon, under, or across the easement by the Grantee shall remain the
property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their successors and assigns
that the consideration aforementioned and the covenants herein shall be in lieu of any and all
Qbhf!3!pg!5!
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claims to compensation and damages by reason of the location, construction, operation,
maintenance, or reconstruction of or within the easement area.
The grant and provision of this Deed of Easement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
, County Administrator of Roanoke County, Virginia, hereby joins
in the execution of this instrument to signify the acceptance by the Board of Supervisors of the
interest in the real estate conveyed herein pursuant to Action No. _________________ adopted
by the Board of Supervisors of Roanoke County, Virginia, on the _______ day of
__________________, 20__.
WITNESS the following signatures and seals:
By____________________________________
TUFQIFO!S/!TUJNFMJOH-!JJ!
!
State of Virginia
County/City of , to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by Tufqifo!S/!Tujnfmjoh-!JJ.!
_______________________________________
Notary Public
My commission expires: _______________
Qbhf!4!pg!5!
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BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By____________________________________
, County Administrator
State of Virginia
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ______________
20__, by , County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia.
_______________________________________
Notary Public
My commission expires: _______________
Approved as to form:
_______________________________!
County Attorney
Qbhf!5!pg!5!
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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 AUTHORIZING THE GRANTING OF A NEW THREE
HUNDRED AND TEN SQUARE FOOT (310 S.F.) DRAINAGE EASEMENT
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON
PROPERTY OWNED BY STEPHEN R. STIMELING, II (TAX MAP NO.
038.11-05-01.00-0000), LOCATED AT 30 VISTA AVENUE, FOR THE
PURPOSE OF DRAINAGE IMPROVEMENTS, IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, it appears that improvements to a drainage system located at 30 Vista
Avenue (Tax Map No. 038.11-05-01.00-0000), in the Hollins Magisterial District, are
needed; and
WHEREAS, in order to assist the property owner in making such drainage system
improvements, the County has requested that the property owner grant a new 310 square
foot drainage easement to the County; and
WHEREAS, the property owner has agreed to convey the new 310 square foot
drainage easement to the County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 27, 2021, and the second reading was
held on August 10, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new 310 square foot drainage easement by
Stephen R. Stimeling, II to the Roanoke County Board of Supervisors, in the Hollins
Page 1 of 2
Magisterial District, located at 30 Vista Avenue (Tax Map No. 038.11-05-01.00-0000), is
hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrator,
either of whom may act, are authorized to execute, deliver and record the deed, and any
other documents on behalf of the County, and to take all such further action as any of
them may deem necessary or desirable in connection with this project. The form of the
deed is hereby approved with such completions, omissions, insertions and changes as
the County Administrator may approve, whose approval shall be evidenced conclusively
by the execution and delivery thereof, all of which shall be approved as to form by the
County Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
Page 2 of 2
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 27, 2021
AGENDA ITEM: Ordinance authorizing the acquisition of one-half (1/2)
interest in three parcels of real property containing
approximately 34 acres adjacent to Explore Park, located in
Roanoke County and in Bedford County; and authorizing
execution of a purchase agreement, a deed of conveyance,
and other documents necessary to accomplish the
acquisition of this real estate
SUBMITTED BY: Lindsay B. Webb
Parks Planning and Development Manager
APPROVED BY:
County Administrator
ISSUE:
Ordinance authorizing the acquisition of one-half (1/2) interest in three parcels of real
property containing approximately 34 acres adjacent to Explore Park, located in
Roanoke County and in Bedford County; and authorizing execution of a purchase
agreement, a deed of conveyance, and other documents necessary to accomplish the
acquisition of this real estate
BACKGROUND:
Roanoke County has operated Explore Park since 2013 under a 99-year lease from the
Virginia Recreational Facilities Authority (VRFA), a political subdivision of the
Commonwealth that owns over 1,100 acres along the Roanoke River in Bedford and
Roanoke Counties. Following an extensive public involvement process, Roanoke
County developed the 2016 Explore Park Adventure Plan that proposed a new vision for
Explore Park as an outdoor adventure recreation destination. The Adventure Plan also
proposed preserving much of Explore Park in its natural state to allow for passive
recreation, open space, and forest conservation.
There are three parcels totaling 34.10 acres that are located north of the Roanoke River
Page 1 of 4
within the boundaries of Explore Park. These parcels are co-owned by the VRFA and
Betty W. Mayes, who each own a half-interest (50%) in each of the three parcels. Two
of the parcels are located in Bedford County and one of the parcels is located in
Roanoke County, as shown on the attached map and summarized below:
Tax Map Number 080.00-05-17.00-0000
· 13.95 deeded acres; wooded; undeveloped
· Located in Roanoke County
· Frontage on the Roanoke River
· Railroad crosses the parcel
· 2021 Assessed Value: $16,700
Tax Map Number 172-A-14A
· 8.05 deeded acres; wooded; undeveloped
· Located in Bedford County
· 2021 Assessed Value: $16,100
Tax Map Number 172-A-42
· 12.10 deeded acres; wooded; undeveloped
· Located in Bedford County
· 2021 Assessed Value: $64,400
Ms. Mayes approached Roanoke County expressing her willingness to sell her half-
interest in the three parcels. Roanoke County submitted a grant application in 2018 to
the Virginia Outdoors Foundation (VOF) Forest CORE Program for acquisition of Ms.
Mayes half-interest in the three parcels. The VOF awarded a grant to Roanoke
County in the amount of $165,450.00 for the purchase -
interest. On December 15, 2020, the Roanoke County Board of Supervisors approved
an ordinance accepting and appropriating $165,450.00 from the VOF for the purchase
of Ms. Mayes' half-interest in the three parcels. On January 7, 2021, a grant agreement
was executed between Roanoke County and the VOF for acquisition of Ms. Mayes'
interest in the parcels.
Roanoke County proposes to manage these three parcels as part of Explore Park,
remaining forested and largely undeveloped, except for trails and similar facilities for
outdoor recreation, as outlined in the Explore Park Adventure Plan. Planned restoration
management activities will follow the guidance of a forest management plan, written
with forest health as the management objective. Potential activities may include invasive
species control, the planting of native species, and riparian buffers. County staff have
met with the VRFA Board of Directors who are supportive of placing the open space
easement and forest management restrictions on the parcels.
DISCUSSION:
Page 2 of 4
Following execution of the grant agreement, staff began negotiating with Ms. Mayes on
a real estate purchase agreement, in accordance with the VOF requirements. On June
15, 2021, Ms. Mayes agreed to a purchase price of $58,600, which is based upon half
of the 2021 real estate assessment values for the three parcels, plus $10,000. Staff are
requesting that the Board of Supervisors approve an ordinance allowing execution of
the real estate purchase agreement, a deed of conveyance (with any changes as
approved by the County Attorney's Office), and any documents necessary to complete
sition of Ms. Mayes' half-interest in the three parcels.
Following approval of the ordinance from the Board of Supervisors, staff will proceed
with procurement of the due diligence items required by the VOF Forest CORE grant
program to acquire the half-interest in the parcels, including a survey, appraisal, title
report, and environmental assessment of the parcels. These services will be performed
to the satisfaction of County and VOF requirements in advance of a real estate closing
and recordation of a deed of conveyance
The deeds will need to be adjusted to include a specific legal description once a survey
and plat of the three parcels is finalized. The deeds may also need to be adjusted to
include necessary open space and forest management restrictions after staff receives
input from the VOF. These are changes which will all be approved by the County
FISCAL IMPACT:
The VOF Forest CORE Program provides one-hundred percent (100%) of the costs
associated with the land acquisition, including the appraisals, survey, environmental
assessments, title reports, and closing costs. The funding was appropriated by the
Board of Supervisors on December 15, 2020.
Per the grant agreement executed on January 7, 2021, the VOF grant funds distributed
shall not exceed the approved appraised value of the three properties acquired plus
eligible costs incurred (i.e., survey, appraisal, title report, environmental assessment,
closing, and recordation), not to exceed the total grant amount of $165,450. The grant
funds may be released in stages as each of the parcels are acquired and subsequent
required enhancement activities occur. Roanoke County staff will request
reimbursement for eligible grant expenses after the half-interest is acquired from Ms.
Mayes.
Roanoke County Parks, Recreation and Tourism will contribute up to $10,000 from the
Recreation Fee Class account to fund any costs that the VOF Forest CORE Program
does not provide reimbursement for or is necessary for the land acquisition process
Page 3 of 4
above the grant funding total of $165,450.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling the
second reading for August 10, 2021.
Page 4 of 4
THIS AGREEMENT OF SALE AND PURCHASE
entered into this _____ day of ____, 2021 , by and between BETTY W.
MAYES, whose address is and the
ROANOKE COUNTY BOARD OF SUPERVISORS, of the County of Roanoke, Virginia, a
political subdivision of the Commonwealth of Virginia, whose address is 5204 Bernard Drive,
Roanoke, Virginia 24018 The parties acknowledge that no real estate broker was
involved in this transaction. Purchaser, through its employees, has negotiated directly with Seller.
RECITALS
Seller is the owner of one-half (1/2) interest in the following three (3) unimproved parcels
of real property:
(1) Parcel 1, located in Roanoke County, Virginia, bearing County of Roanoke Tax
Map No. 080.00-05-17.00-0000, and ;
(2) Parcel 2, located in Bedford County, Virginia, bearing County of Bedford Tax Map
; and
(3) Parcel 3, located in Bedford County, Virginia, bearing County of Bedford Tax Map
No. 172 A 42, and containing approximately 12.10
The remaining one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 are owned by the
Virginia Recreational Facilities Authority, a political subdivision of the Commonwealth of
Virginia.
Seller desires to sell her one-half (1/2) interest in Parcel 1, Parcel 2, and Parcel 3 to
Purchaser, and Purchaser desires to purchase the Property from Seller, on the terms and conditions
set forth in this Agreement.
WITNESSETH
Now, therefore, in consideration of the premises and of the mutual covenants set forth
herein, the parties agree as follows:
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(1) Sale and Purchase. In consideration of the sum of Fifty Eight Thousand Six
in cash (by wire transfer of good funds or bank check) in full, at the Closing hereinafter provided
for, Seller hereby agrees to sell, and agrees to grant and convey to Purchaser, and Purchaser hereby
agrees to purchase, and agrees to accept conveyance of, the Property from Seller, on the terms and
subject to the conditions of this Agreement.
(2) Right of Access for Inspections.
(a) Between the Effective Date and the date which is ninety (90) days after the
Effective Date , Purchaser and its agents and
contractors shall have the right of free access to and entry upon the Property for
the purpose of making such surveys, inspections, surface and subsurface
explorations, tests, borings, appraisals, and other site evaluations and analyses
as Purchaser may desire to make. Purchaser shall (i) indemnify Seller and hold
Seller harmless from and against any loss, cost, damage, or liability arising out
contractors of the rights granted by this paragraph (2), to the extent allowed
under the laws of the Commonwealth of Virginia, and (ii) if Closing does not
occur under this Agreement, at its expense, restore the Property substantially to
its condition immediately prior to those tests and inspections.
(b) If Closing does not occur, Purchaser shall deliver to Seller copies of the results
of any and all such surveys, tests, and studies not later than ten (10) days after
termination or expiration of the Inspection Period.
(c) Purchaser may, at any time prior to the end of the Inspection Period (including
on the final day of the Inspection Period), by written notice to Seller terminate
this Agreement, for any reason or no reason. If Purchaser does not terminate
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this Agreement before the expiration of the Inspection Period, then Purchaser
shall be deemed to have waived its rights to terminate the Agreement under this
paragraph (2).
(3) Title Examination. Purchaser shall, at its expense, obtain such examination of the
title to the Property as Purchaser shall deem necessary or advisable. Should any title examination
indicate that Seller cannot convey to Purchaser good and marketable fee simple title to the
Property, other than because of liens in a total amount less than the Purchase Price which can be
satisfied by the payment of money deducted from the Purchase Price at Closing, then Purchaser
shall give Seller written notice of any conditions, restrictions or encumbrances which Purchaser
Seller will have a period of sixty (60) days from its
receipt of such notice to take such action as Seller wishes to take to cure the Title Exceptions (the
. solving and
removing the Title
Purchaser against loss resulting from the exception, on terms reasonably satisfactory to Purchaser.
If all Title Exceptions have not been cured within the Title Cure Period, then Purchaser shall have
the option either (i) to terminate this Agreement or (ii) to allow this Agreement to continue in
effect and to proceed with Closing with no reduction in the Purchase Price. Seller agrees that it
will not, from the Effective Date until the date of Closing, convey any rights in the Property
(including by lease) to any other person or entity without the specific written consent of Purchaser,
which consent Purchaser may grant, condition, or withhold in its sole discretion.
(4) Existing Lease. Seller and Purchaser acknowledge that the Property is currently
subject to a lease between the Virginia Recreational Facilities Authority and the Board of
Supervisors of Roanoke County, Virginia.
(5) Closing; Closing Costs. Closing shall take place on a date as agreed upon by Seller
and Purchaser, at a location in the City or County of Roanoke, Virginia, selected by Purchaser.
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At Closing, Purchaser
shall pay to Seller the Purchase Price and Purchaser shall also pay all closing costs except those
that are specifically provided in this paragraph (5) to be paid by Seller. At Closing, Seller shall
deliver to Purchaser a fully executed and notarized general warranty deed with modern English
covenants of title, conveying good and marketable fee simple title to the Property to Purchaser,
subject only to real estate taxes which are not yet delinquent and to such other Title Exceptions as
Purchaser shall have agreed in writing, prior to Closing, to accept or otherwise accepted in
accordance with paragraph (3). The deed shall convey the Property to Purchaser with all
appurtenances and by description based on the current survey obtained by Purchaser, or if
Purchaser has not obtained a current survey, by the description(s) set forth in the deed(s) conveying
the Property to Seller. Seller shall also deliver such other documents, instruments, certificates, and
affidavits as shall be reasonably and customarily required by Purchaser and its title insurer to
complete and evidence the purchase and sale transaction. Seller shall pay its .
Real estate taxes shall be prorated as of the date of the Closing.
(6) Risk of Loss. If after the expiration of the Inspection Period (and Purchaser not
having elected to terminate this Agreement during the Inspection Period), but prior to Closing the
Property is materially damaged by a casualty or the environmental condition of the Property is
materially and adversely changed (and such change is not due to the acts of Purchaser or its agents
or contractors), then, Purchaser shall have ten (10) business days within which to notify Seller
whether it wishes to (a) proceed to close and be entitled to an assignment of all insurance proceeds
at Closing; or (b) terminate this Agreement which shall have no further force or effect
except for any liability pursuant to the indemnity provisions of paragraph (2). For purposes of this
paragraph (6), the Property shall be considered materially damaged if the cost of repair or cure
exceeds Thirty Thousand and 00/100 Dollars ($30,000.00). Seller agrees that if the Property is
damaged within thirty (30) days of the Closing date as a consequence of an insured casualty for
4
which Seller has not commenced repair, then Seller will assign any insurance proceeds received
by Seller and associated with that casualty to Purchaser at Closing.
(7) Possession. Seller shall deliver exclusive possession of the Property to Purchaser
on the date of Closing and shall, prior to Closing, remove a
the Property.
(8) Assignment. Purchaser may assign its rights under this Agreement at any time prior
to the Closing date, in which case it shall give Seller written notice of assignment stating the name
and address of the assignee. In the event of an assignment, the assignee shall succeed to all of the
rights and obligations of the Purchaser under this Agreement.
(9) Notices. Any notice required or permitted to be given under this Agreement shall
be in writing, addressed to the parties at the addresses set forth above in the opening paragraph of
this Agreement, and sent either by certified mail, return receipt requested, via the United States
Postal Service, or by a nationally recognized overnight delivery service. The postmark date, in the
case of a mailed notice, or the date of deposit with the overnight delivery service, in the case of
use of an overnight courier, shall be the effective date of such notice. Any notice sent to Purchaser
shall be addressed to the Roanoke
(10) Default.
(a) If Purchaser is ready, willing and able to close and tenders closing on the date
set for Closing, but Seller fails to deliver to Purchaser on or before the Closing
date the executed deed and other Closing documents required by paragraph (5)
above and/or is unable to deliver to Purchaser exclusive possession of the
Property as required by paragraph (7) above and to proceed with Closing, then
Seller shall be in default under this Agreement.
(b) If Seller is ready, willing and able to close on the date set for Closing, but
Purchaser fails to close, then Purchaser shall be in default under this Agreement.
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(c) Prior to the exercise of any default remedies, the non-defaulting party shall
provide written notice of any default(s) to the defaulting party (the
default(s). If the defaulting party does not cure the default(s) or does not
respond to the Default Notice, then the non-defaulting party may pursue any
legally available remedies provided by law.
(12) . Seller represents and warrants to Purchaser that: (a) Seller is
the sole testate or intestate heir to the one-half (1/2) interest in Parcel 1, which is currently titled
in the name of her late husband, and that Seller will take all steps necessary to secure good and
marketable fee simple title to the Property prior to the Closing and provide proof thereof to
Purchaser; (b) Seller has full right and power to enter into and perform her obligations under this
Agreement; (c) this Agreement constitutes the valid and binding agreement of Seller and is fully
enforceable in accordance with its terms; (d) there are no actions, suits or proceedings at law or in
equity pending, threatened against, or affecting the Property before or by any federal, state,
municipal, or other governmental department, commission, board, bureau, agency, or
instrumentality; and (e) to the best of Seller's actual knowledge: no toxic or hazardous materials
(as said terms are defined in any applicable federal or state laws) have been used, discharged or
stored on or about the Property in violation of said laws, no such toxic or hazardous materials are
now or will be at Closing located on or below the surface of the Property, and there are no
petroleum storage tanks located on or beneath the surface of the Property.
(13) Agents and Brokers. Each party represents and warrants that it did not consult or
deal with any agent or broker with regard to this Agreement or the transaction contemplated herein
and, to the extent permitted by law, each party hereto agrees to indemnify and hold harmless the
6
that may arise by reason of any claim, demand or suit of any agent or broker arising out of facts
constituting a breach of the foregoing representation and warranty.
(14) Entire Agreement; Amendment; Governing Law. This Agreement contains the
entire agreement of the parties with respect to its subject matter, and it shall not be amended except
by a written amendment signed by both Seller and Purchaser. It shall be governed by and construed
under the laws of the Commonwealth of Virginia, and any actions or suits relating to this
Agreement shall be brought in the courts of the County of Roanoke.
(15) Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon and enforceable against the parties hereto and their respective personal
representatives, heirs, successors and assigns.
WITNESS the signatures and seals of the parties as of the date first above written:
Seller: BETTY W. MAYES
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________________, TO WIT:
I, __________________________________, a Notary Public for the Commonwealth of
Virginia, hereby certify that BETTY W. MAYES personally appeared before me this day and
acknowledged the foregoing instrument.
WITNESS my hand and official seal this ______ day of _________________, 20____.
____________________________
Notary Public
My commission expires: _____________________
7
Purchaser: ROANOKE COUNTY BOARD OF
SUPERVISORS
By:
Daniel R.
Title: County Administrator
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________________, TO WIT:
I, __________________________________, a Notary Public for the Commonwealth of
Virginia, hereby certify that personally appeared before me this day
and acknowledged the foregoing instrument.
WITNESS my hand and official seal this ______ day of _________________, 20____.
____________________________
Notary Public
My commission expires: _____________________
8
Mayes/VRFA (Tax Map No. 172-A-14A, 8.05 acres)
Mayes/VRFA (Tax Map No. 172-A-42, 12.10 acres)
Mayes/VRFA (Tax Map No. 080.00-05-17.00-0000,13.95 acres)
´
Explore Park
National Park Service
Jurisdictional Boundary
Railroad Tracks
Roanoke River
Feet
08001,6003,200
Back Creek
Proposed Property Acquisition from Betty W. Mayes
Roanoke County, VA 2019, Source: Esri, Maxar, GeoEye, Earthstar
Virginia Outdoors Foundation Forest CORE Grant Fund
Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the
June 15, 2021
GIS User Community
VIRGINIA OUTDOORS FOUNDATION
FOREST CORE FUND
GRANT AGREEMENT
Grant Recipient: Roanoke County Department of Parks, Recreation & Tourism (Roanoke County)
Project Title: Explore Park Forest Preservation
Project Number: FCFMVP2018-00006
Board Approval Date: December 5, 2018
Project Period: June 8, 2020 through December 8, 2022
Project: Acquisition of half-interest in three tax map parcels co-owned by Betty W. Mayes
and the Virginia Recreational Facilities Authority (VRFA), totaling 34.1 acres,
contained within the boundary of Explore Park, which is managed by Roanoke
County for outdoor recreation. Following the purchase of Ms. Mayes’ half-
interest of the property by Roanoke County, the Property will be jointly owned
by Roanoke County (50% interest) and VRFA (50% interest) and placed under an
open-space easement with Virginia Outdoors Foundation. The parcels will be
added to Explore Park to be preserved as forest with year-round public access.
Planned restoration management activities will follow the guidance of a forest
management plan, written with forest health as the management objective.
Potential activities may include invasive species control and the planting of native
species.
Property: 34.1 acres in Roanoke and Bedford Counties, contained within Explore Park.
Specifically, parcels referenced in the application as:
Parcel C: TMP 172-A-42, Bedford County
Parcel D: Parcel ID 080.00-05-17.00-0000, Roanoke County
Parcel E: TMP 172-A-14A, Bedford County
Grant Amount: $165,450.00 (see Exhibit C: proposed budget for estimated breakdown of funds
for preservation/enhancement/restoration)
It is understood and agreed that the Virginia Outdoors Foundation (VOF) grant funds distributed shall not
exceed the approved appraised value of real properties acquired plus eligible documented costs incurred,
not to exceed the total grant amount of $165,450.00, and that grant funds may be released in stages as
each of the parcels is acquired and subsequent required enhancement activities occur.
Roanoke County Department of Parks, Recreation & Tourism, in consideration of the grant funds in
the amount of $165,450.00 being provided to it pursuant to this agreement by VOF, agrees as follows:
I. To provide the following documents to VOF prior to disbursement of the grant funds:
1. An appraisal of the Property prepared within six months of closing by a Virginia licensed appraiser
who meets Uniform Standards of Professional Appraisal Practice (USPAP) standards.
2. A real estate purchase contract evidencing that the Properties are under contract to be sold to the
Grant Recipient and Grant Recipient’s ability and intention to acquire the Property.
1
3. A survey of the project properties to ALTA/ASTM standards prepared by a Virginia licensed surveyor
or professional engineer, preferable in digital form, depicting the metes and bounds of the property.
4. A Phase I Environmental Site Assessment shall be provided.
5. Final policy or commitment for owner’s title insurance less than ninety (90) days old showing title
vested in the seller of the properties and that upon closing of the purchase transactions, Roanoke
County will hold an unencumbered fee simple interest in the property (subject to easements and
other encumbrances of record acceptable to VOF).
6. Roanoke County must provide contact information to the settlement agent who will be receiving the
grant funds for closing and must also provide a W-9 for that company at least two weeks before the
desired closing date.
7. Verification of eligible expenditures related to property acquisition at closing and shown on
settlement statement, including, but not limited to: survey fees, appraisal fees, legal fees including
title reports and insurance, required reports, and recordation fees.
8. Verification of eligible expenditures related to restoration and enhancement work prior to fund
disbursement which may include bills of sale, copies of invoices, contracts, cancelled checks (both
parties), etc. Grant recipient is strongly encouraged to review planned restoration or enhancement
work and estimated costs with VOF before work is executed. Eligible restoration and enhancement
work on the property include those activities to promote forest health as outlined in a forest
management plan, to include inventory and treatment of invasive species and afforestation with
native species if appropriate.
II. To comply with the following terms and conditions:
1. The property acquisition must be completed before any restoration or enhancement activities may
receive funds. Any variance from the budget submitted with application and the eligible expenditures
listed above must be approved by VOF staff in writing.
2. Until the completion of the project or the end of the grant period (December 8, 2022), Roanoke
County shall submit brief progress reports twice per year to VOF on the status of grant
implementation, with the first report due by December 30, 2020. The second report will be due by
June 8, 2021, and subsequent reports (if any) due every six months thereafter. Additionally, a final
report is due upon completion of the project.
3. In any deed conveying the property, or any portion thereof, to a state or local governmental body,
the deed must designate such property as open-space land in accordance with the Open-Space Land
Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as
amended.
4. In addition, the restrictions outlined below shall be imposed in perpetuity by enforceable restrictions
set forth in a deed of easement to be granted to VOF. See Exhibit B for deed of easement template.
a. Permanent protection of the forest areas in accordance with the forestry provision set
forth in Exhibit A attached to this agreement or by an enhanced forestry provision; and
b. Further permanent protection of the property as set forth generally in the restrictive
provisions set forth in Exhibit A.
2
5. The form of deeds of transfer from Roanoke County and VRFA to other entities and any conservation
or open-space easements must be provided to and approved by the Virginia Outdoors Foundation
prior to execution.
6. Roanoke County must provide copies of all recorded deeds of transfer, open space easements, and
conservation easements for which VOF monies have been awarded, showing the locality, deed book,
page of recordation, and/or instrument number to VOF no later than one month after recordation.
7. Roanoke County will release information to the media informing the community of the project and
acknowledging that it has received funding from VOF. All press releases and other printed materials
and publications, audiovisuals, and signs pertaining to the project must be reviewed by VOF before
use. Each protected land or project will be permanently marked with a VOF sign or signs (as
appropriate) in locations reasonably selected or approved by VOF. VOF shall provide such signs at no
cost to the property owner.
8. VOF reserves the right to seek a review of the appraisal submitted by Roanoke County, at Roanoke
County’s expense, prior to disbursement of grant funds.
9. Roanoke County shall work closely with VOF to set up all property closings and must contact VOF at
least one month before the desired closing date to ensure that VOF will have sufficient funds available
to meet the funding obligations created hereunder.
10. Roanoke County shall hold the Commonwealth of Virginia harmless from all legal liability under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as
amended, 42 U.S.C. §§ 9601 et seq., together with any other federal, state or local law or ordinance
related to hazardous substances or hazardous waste. Roanoke County shall include in all deeds
conveying the property (except those to the federal government) a requirement that all subsequent
owners of any portion of the property shall hold the Commonwealth of Virginia harmless from all legal
liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, 42 U. S. C. §§ 9601 et seq., together with any other federal, state or local law
or ordinance related to hazardous substances or hazardous waste.
11. Modification of this Agreement must be in a writing executed by the parties hereto.
12. The interpretation and performance of this Agreement shall be in accordance with the laws of the
Commonwealth of Virginia. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, the remaining provisions shall not be affected thereby.
13. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors.
14. The individuals executing this Agreement on behalf of VOF and Roanoke County possess all necessary
power and authority to bind the parties hereto and, upon execution, this Agreement shall constitute
a legal and valid obligation of the parties hereto.
3
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 AUTHORIZING THE ACQUISITION OF ONE-HALF (1/2)
INTEREST IN THREE PARCELS OF REAL PROPERTY CONTAINING
APPROXIMATELY 34 ACRES ADJACENT TO EXPLORE PARK,
LOCATED IN ROANOKE COUNTY AND IN BEDFORD COUNTY; AND
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT, A DEED
OF CONVEYANCE, AND OTHER DOCUMENTS NECESSARY TO
ACCOMPLISH THE ACQUISITION OF THIS REAL ESTATE
WHEREAS, Betty W. Mayes is the owner of one-half (1/2) interest in three
parcels of property, containing approximately 34 acres, located in Roanoke County
(identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and in Bedford
County (identified as Bedford County Tax Map Numbers 172 A 14A and 172 A 42); and
WHEREAS, the remaining one-half (1/2) interest in the three parcels is owned by
the Virginia Recreational Facilities Authority, a political subdivision of the
Commonwealth of Virginia; and
WHEREAS, Betty W. Mayes has agreed to sell her one-half (1/2) interest in the
three parcels collectively to Roanoke County for $58,600.00; and
WHEREAS, the Virginia Outdoors Foundation has awarded Roanoke
County $165,450.00 in grant funds for the purchase of the one-half (1/2) interest in the
three parcels which are adjacent to Explore Park; and
WHEREAS, on December 15, 2020, the Board of Supervisors appropriated
$165,450.00 from the VOF for the purchase of the three parcels; and
WHEREAS, the three parcels will be used to manage the property as part of
Explore Park, remaining forested and largely undeveloped, except for trails and similar
facilities for outdoor recreation; and
Page 1 of 3
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to acquire a one-half (1/2) interest in these three parcels; and
WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition
and conveyance of real estate interests be accomplished by ordinance; the first reading
of this ordinance to be held on July 27, 2021, and the second reading to be held on
August 10, 2021;
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of approximately 34 acres located in Roanoke County
(identified as Roanoke County Tax Map Number 080.00-05-17.00-0000) and
in Bedford County (identified as Bedford County Tax Map Numbers 172 A
14A and 172 A 42) is hereby authorized and approved at the purchase price
of $58,600.00.
2. Funding for the purchase and incidental costs to the acquisition is available in
the grant fund, which was created pursuant to Ordinance 121520-6
whereby the Board accepted and appropriated $165,450.00 from the VOF for
the purchase of the land.
3. That the County Administrator or Assistant County Administrator are hereby
authorized to execute such documents, including but not limited to the
purchase agreement, the deeds of conveyance (with any changes as
, and any other documents
necessary to accomplish the acquisition and to take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition
Page 2 of 3
of this real estate, all of which shall be approved as to form by the County
Attorney.
4. That this ordinance is to be in full force and effect upon its passage.
Page 3 of 3
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Consideration: ___________
Assessed Value: __________
Title Insurance: Fidelity National Title Insurance Company
Bedford County Tax Map Numbers: 172 A 14A and 172 A 42
Uijt!jotusvnfou!jt!fyfnqu!gspn!uif!jnqptjujpo!pg!sfdpsebujpo!ubyft!)puifs!uibo!uiptf!sfdpsebujpo!ubyft!jnqptfe!cz!¨!
69/2.913*!qvstvbou!up!¨!69/2.922)B*)4*!pg!uif!Dpef!pg!Wjshjojb!)2:61*-!bt!bnfoefe/!
THIS DEED is made and entered into this _____ day of _______________, 20__, by and
between CFUUZ!X/!NBZFT, party of the first part!(, and the CPBSE!PG!
TVQFSWJTPST!PG!SPBOPLF!DPVOUZ-!WJSHJOJB, a political subdivision of the
Commonwea.
XJUOFTTFUI;
WHEREAS, Grantor has the authority to execute this Deed of conveyance; and
WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcels of real estate that
are the subject of this Deed ies; and
WHEREAS, the remaining one-half (1/2) interest in the Properties is owned by the Virginia
Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and
WHEREAS, -half (1/2) interest in the Properties to
Grantee, and Grantee desires to purchase the Properties; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of ______________
($__________) cash in hand paid by Grantee unto Grantor, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain, sell,
grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all
1
of the following lot or parcels of land lying and being in the County of Bedford, Commonwealth
of Virginia, and more particularly described as follows:
PARCEL 2, located in Bedford County, Virginia, bearing County
of Bedford Tax Map No. 172 A 14A, and containing
approximately 8.05 acres (legal description to be updated once a
complete survey is done on the parcels to be purchased and a plat
is finalized)
PARCEL 3, located in Bedford County, Virginia, bearing County
of Bedford Tax Map No. 172 A 42, and containing approximately
12.10 acres (legal description to be updated once a complete
survey is done on the parcels to be purchased and a plat is
finalized)
This conveyance is made subject to all recorded easements, conditions, reservations, and
restrictions now affecting the Property.
WITNESS the following signatures and seals:
Page 2 of 4
HSBOUPS;!
CFUUZ!X/!NBZFT!
!
!
(SEAL)
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__, by Betty W. Mayes.
Notary Public
Commission Expires:
Registration Number:
!
Page 3 of 4
HSBOUFF;!
UIF!CPBSE!PG!TVQFSWJTPST!PG!
SPBOPLF!DPVOUZ-!WJSHJOJB!
!
!
By: _________________________________
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__
Roanoke, Virginia.
Notary Public
Commission Expires:
Registration Number:
Approved as to form:
_____________________
County Attorney
Page 4 of 4
PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney
VSB # 88094
Office of the County Attorney
5204 Bernard Drive
Roanoke, VA 24018
Consideration: ___________
Assessed Value: __________
Title Insurance: Fidelity National Title Insurance Company
Roanoke County Tax Map Number: 080.00-05-17.00-0000
Uijt!jotusvnfou!jt!fyfnqu!gspn!uif!jnqptjujpo!pg!sfdpsebujpo!ubyft!)puifs!uibo!uiptf!sfdpsebujpo!ubyft!jnqptfe!cz!¨!
69/2.913*!qvstvbou!up!¨!69/2.922)B*)4*!pg!uif!Dpef!pg!Wjshjojb!)2:61*-!bt!bnfoefe/!
THIS DEED is made and entered into this _____ day of _______________, 20__, by and
between CFUUZ!X/!NBZFT, party of the first part!(, and the CPBSE!PG!
TVQFSWJTPST!PG!SPBOPLF!DPVOUZ-!WJSHJOJB, a political subdivision of the
Commonwea.
XJUOFTTFUI;
WHEREAS, Grantor has the authority to execute this Deed of conveyance; and
WHEREAS, Grantor is the owner of one-half (1/2) interest in the parcel of real estate that
is the subject of this Deed ; and
WHEREAS, the remaining one-half (1/2) interest in the Property is owned by the Virginia
Recreational Facilities Authority, a political subdivision of the Commonwealth of Virginia; and
WHEREAS, -half (1/2) interest in the Property to
Grantee, and Grantee desires to purchase the Property; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of ______________
($__________) cash in hand paid by Grantee unto Grantor, and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain, sell,
grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all
1
of the following lot or parcel of land lying and being in the County of Roanoke, Commonwealth
of Virginia, and more particularly described as follows:
PARCEL 1, located in Roanoke County, Virginia, bearing County
of Roanoke Tax Map No. 080.00-05-17.00-0000, and containing
approximately 13.95 acres (legal description to be updated once a
complete survey is done on the parcels to be purchased and a plat
is finalized)
This conveyance is made subject to all recorded easements, conditions, reservations, and
restrictions now affecting the Property.
WITNESS the following signatures and seals:
Page 2 of 4
HSBOUPS;!
CFUUZ!X/!NBZFT!
!
!
(SEAL)
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__, by Betty W. Mayes.
Notary Public
Commission Expires:
Registration Number:
!
Page 3 of 4
HSBOUFF;!
UIF!CPBSE!PG!TVQFSWJTPST!PG!
SPBOPLF!DPVOUZ-!WJSHJOJB!
!
!
By: _________________________________
STATE OF ____________________
CITY/COUNTY OF ________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
____________________, 20__
Roanoke, Virginia.
Notary Public
Commission Expires:
Registration Number:
Approved as to form:
_____________________
County Attorney
Page 4 of 4
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 27, 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.
There have been no changes since the first reading on July 13, 2021.
FISCAL IMPACT:
There is no fiscal impact to granting the utility easement.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
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 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 their land in the Town of Vinton and
County of Roanoke, in the Commonwealth of Virginia, and being more described as
follows:
Two 20' wide gas line easements, ten feet on each side of the gas line; the
Grantorserty 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
T
of Vinton D.B. 1251, PG. 234, and The Roanoke County Board of
{00421201.DOC }
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.
The two easements granted hereunder shall be for a term of forty (40) years from
the date of recordation, in accordance with Virginia Code § 15.2-2100.B. The two
easement shall expire at such time unless re-recorded in accordance with applicable law.
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)
\[Remainder of page intentionally left blank.\]
{00421201.DOC }
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)
\[Remainder of page intentionally left blank.\]
{00421201.DOC }
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)
\[Remainder of page intentionally left blank.\]
{00421201.DOC }
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 PUBLIC UTILITY EASEMENTS 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 new easements to expand
gas service to Montgomery Village subdivision located in the Vinton Magisterial District;
and
WHEREAS, to expand service to Montgomery Village, new easements 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 Supervi
-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 new gas line easements
Plat from Records Showing Two (2) New
, D.B. 1251, PG.
234, and The Roanoke County Board of Supervisors, Instrument #200701817, Detention
L-57, Situated at #2121 &
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
ACTION NO.
ITEM NO. F.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 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.
There have been no changes made to this agenda item since the first reading held on
July 13, 2021.
FISCAL IMPACT:
$355,000.64 will be received in the grant fund. An additional $160,959.32 is needed to
Page 2 of 3
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
reallocated from the Communications shop fund to the grant fund (to collectively finance
the project).
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 3 of 3
Curtis Brown
Dorothy Spears-Dean
Chairman
Deputy State Coordinator
VDEM
VDEM
(804) 840-7260
Hon Kevin W. Hall
Sheriff
Terry D. Mayo
Vice Chairman
Board Administrative Assistant
City of Covington
VDEM
COMMONWEALTH of VIRGINIA
(804) 718-9026
David A. Von Moll
Treasurer
Wjshjojb!:.2.2!Tfswjdft!Cpbse!
Comptroller
!
November 12, 2020
Roanoke County PSAP:
This letter serves as confirmation of the Virginia 9-1-1 Services
Roanoke
Mary M. Blowe
Chief Financial Officer
NG9-1-1 funding request for costs needed for NG9-1-1
City of Winchester
implementation. The amount awarded is based on estimated costs
Thomas Bradshaw
and related information contained in the version of your NG9-1-1
Captain
Virginia State Police
Migration Proposal referenced in your funding request.
Gary Critzer
Emergency Mgmt/ EMS Dir
The NG9-1-1 implementation funding award period does not extend
City of Waynesboro
the legislative deadline of June 30, 2023 for NG9-1-1 deployment
Terry Ellis
for your PSAP. Any funding extension made will also be exclusive
Comcast
of the legislative mandate.
R. Scott Garber
Fire Chief
City of Staunton
PSAP Name and Funding ID Roanoke County
Danny Garrison
NG911-111
Richmond Ambulance
Authority
Date of Award by the 9-1-1 Services Board November 12, 2020
End of funding period for your grant award November 12, 2023
Pete Hatcher
AT&T
(36 months from date of award unless
granted an extension by the Board)
Jeffrey T. Merriman
Verizon Communications
NG9-1-1 Deployment Amount Awarded $420,286.70
(includes $65,286.06 paid
Nelson P. Moe
CIO
directly by the Board)
VITA
Kelvin Wright
Migration Proposal Date November 1, 2018
Chief of Police
City of Chesapeake
Migration Proposal NG9-1-1 Service Provider AT&T
Contract Vehicle upon which the Migration Fairfax County contract w/
Jolena Young
Twin County
Proposal is based AT&T
Deadline for executing a contract vehicle February 12, 2021
Tom Crabbs
Statewide Interoperability
with the NG9-1-1 Service Provider listed
Coordinator
above
Advisor
(3 months after date of award)
Roanoke County PSAP
November 12, 2020
Page Two
Funding awards are non-binding until a locality selects an NG9-1-1 solutions
provider by executing a contract. The Board recognizes this is a local decision. If
you wish to accept this funding request using the NG9-1-1 solutions provider
listed above, the Board expects your locality to execute a contract vehicle with the
identified NG9-1-1 solutions provider within three months of the date of your
award, unless the Board grants an extension. However, if requested by the PSAP,
911 and Geospatial Services (NGS) staff can prepare a migration proposal for a
different NG9-1-1 solution provider and the locality can also submit a funding
request using this new migration proposal.
The Board is committed to a statewide deployment of NG9-1-1 that is consistent
wit
your migration proposal and revise the funding award for this purpose. Funding
for any additional non-recurring costs related to these conditions will be
considered by the Board and you will receive a revised award letter, if approved.
Since NG9-1-1 deployments will be occurring by selective router regions over a
multi-year period, portions of your funding may not be immediately available and
may be distributed over different fiscal years. The spending plan below is based
on your scheduled NG9-1-1 deployment window and in your migration proposal.
This plan lays out when approved funding for each category will be available.
The goal is to complete all identified NG9-1-1 ready implementation items (CHE
scheduled deployment time period.
OPUF;!!Cfgpsf!dpousbdujoh!gps!b!tfswjdf!ps!dpnnjuujoh!boz!mpdbm!gvoejoh-!zpv!
tipvme!dpotvmu!uijt!tqfoejoh!qmbo!boe!dppsejobuf!fyqfoejuvsft!xjui!zpvs!
Sfhjpobm!Dppsejobups/!!Uijt!bdujpo!xjmm!fotvsf!uibu!zpv!xjmm!cf!sfjncvstfe!
gps!boz!mpdbm!gvoet!tqfou!gps!jufnt!jefoujgjfe!jo!zpvs!njhsbujpo!qspqptbm/!!!
!
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
!
Roanoke County PSAP
November 12, 2020
Page Three
Finally, funding for approved equipment and services may not be immediately
available to the PSAP. NGS staff will provide a spending plan, specific to the
funding will be available to the PSAP.
If you have any questions, please do not hesitate to contact your Regional
Coordinator or me via email.
Sincerely,
Lisa Nicholson
Public Safety Program Manager!
!
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 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. 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 27, 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 ESC 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.
There have been no changes since the first reading of this ordinance on July 13, 2021.
STAFF RECOMMENDATION:
Staff recommends approving approval of the attached ordinance.
Page 3 of 3
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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 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, §§ 8.1-18.1-11 and enacted a new ch. 8.1, §§ 8.1-18.1-12 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
Page 1 of 22
natural resources of the Ccounty by establishing requirements for the control of soil
erosion, sediment deposition and non-agricultural runoff; and by establishing
requirements for development of steep slopes;, by developing requirements to retain
maintain and establish stream 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 plan means 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.
Applicant means 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.
Board means the Virginia State Water Control Board.
Certified inspector means 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 reviewer means 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
Page 2 of 22
program within one (1) year after enrollment, or (iii) is licensed as a professional
engineer, 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 administrator means 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.
Clearing means any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or top soil removal.
County means the County of Roanoke.
Department means the Department of Environmental Quality.
Development means 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.
Director means the Director of the Department of Environmental Quality.
District or soil and water conservation district refers to the Blue Ridge Soil and
Water Conservation District.
Erosion and sediment control plan or plan means a 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 area means 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.
Excavating means any digging, scooping or other methods of removing earth
materials.
Existing undeveloped land means land that, prior to the issuance of the erosion and
sediment control permit, does not contain pavement, structures, or other hardscape
within 25 feet twenty five (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.
Page 3 of 22
Filling means any depositing or stockpiling of earth materials.
Geotechnical report means 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 anticipated problems; 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.
Grading means any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
Land-disturbing activity means 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;
Page 4 of 22
(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,
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 10.1-1163 of 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 §Section 10.1-604 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 the activity were not an emergency, then the land
area disturbed shall be shaped and stabilized in accordance with the
requirements of this chapter.
Land-disturbing permit or approval means 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 concepts means 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 mMark means 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.
Owner means 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.
Page 5 of 22
Peak flow rate means the maximum instantaneous flow from a given storm
condition at a particular location.
Perennial sStream means 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.
Permittee means 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.
Person means 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 land means land that prior to the issuance of the erosion and
sediment control permit contained pavement, structures, or other hardscape within 25
feet twenty five (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 disturber or RLD means 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 volume means the volume of water that runs off the land development
project from a prescribed storm event.
Single-family residence means a noncommercial dwelling that is occupied
exclusively by one (1) family.
Steep slope means a slope greater than 3:1, or thirty-three and one-third (33.3)
percent.
Stream buffer means an area that is adjacent to a perennial stream, or contiguous
nontidal wetlands, where natural grades and natural vegetation are left undisturbed or
where vegetation is established. The stream buffer serves to protect the stream banks
from excessive erosion and to allow stormwater runoff from surrounding land to flow
through it to the stream in a diffuse 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 grading that
is regulated by this ordinance shall occur in a stream buffer, except as allowed by this
ordinancein Section 8.1.6 (v).
Page 6 of 22
State permit means 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 waters means all waters on the surface and under the ground wholly or
partially within or bordering the Ccommonwealth or within its jurisdictions.
Town means the incorporated Town of Vinton.
Transporting means 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 Program or VESCP means 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 authority means the Ddirector of the Roanoke County Office
of community developmentDdevelopment Sservices or 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 lands and for approving plans.
VESCP authority or program authority means the county which has adopted a soil
erosion and sediment control program that has been approved by the Bboard.
Water quality volume means 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 7 of 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 channels shall 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 sServices or 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 of Virginia, 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 County shall contain a certified program
administrator, a certified plan reviewer, and a certified inspector, who may be the
same person.
Page 8 of 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 department Department of community
developmentdDevelopment sServices an 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 with the provisions of (a) or (b) above for each lot to
obtain an erosion and sediment control permit.
Page 9 of 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 Virginia Erosion 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 agreement in 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. If no 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.
Page 10 of 22
(i) The VESCP authority 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.
(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) A land-disturbing activity does not begin during the one hundred eighty (180) -
day period following plan approval or it ceases for 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 erosion impact 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
Page 11 of 22
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 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 for the 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.
Page 12 of 22
(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.
(v) Stream buffers.
(1) Except as provided in this section, each regulated land disturbing activity shall
provide for stream buffers for the purposes of retarding runoff, preventing
stream bank erosion, and filtering nonpoint source pollution from runoff.
(2) The stream buffer, on existing undeveloped land, shall extend a minimum of
twenty five (25) feet on each 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.
(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.
(4) Each stream buffer shall be retained in as natural a condition as possible.
Natural ground contours and native vegetation shall be preserved to the fullest
extent possible.
(5) 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:
a. 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 Section 62.1-44.15:51 et seq.) or an erosion and sediment
control plan approved by the State Water Control Board.
b. The construction, installation, and maintenance by public agencies of storm
drainage, water and sewer lines.
c. 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:
i. To the extent practical, as determined by the administrator, the location
of the water or sewer lines, shall be outside of all stream buffer areas.
2.
ii. No more land shall be disturbed than is necessary to construct, install
and maintain the water or sewer lines.
Page 13 of 22
iii. All construction and installation 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.
(6) 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:
a. 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 buffer by restoring pre-
development grades and providing appropriate plantings.
b. 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.
c. Storm drainage facilities necessary to drain to the stream, and stormwater
management best management practices, provided that the disturbance to
the buffer is minimized.
d. Roads, streets and driveways, provided that disturbance to the natural
stream channel and buffer is 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.
e. Selective removal of invasive plants and reestablishment of vegetative
buffer using native plants.
f. Stream drainage improvements that comply with all Ffederal and Sstate
permitting requirements. Where channel improvements are made, stream
buffers shall be reestablished on both sides of the improved channel.
There shall be no stream buffer requirements where streams are replaced
with storm drainage pipes.
(7) Stream buffers shall be indicated on erosion and sediment control plans, or plot
plans; and they shall be physically marked and protected in the field with safety
fencing or other appropriate means prior to the commencement of clearing or
grading.
(8) 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 submitted
to the County for review prior to the effective date of this paragraph, are exempt
from the requirements to protect and establish stream buffers.
(Ord. No. 022316-7 , § 1, 2-23-16)
Page 14 of 22
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.
(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.
Page 15 of 22
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 sServices or 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 for the
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 sServices or his or her assignee, 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.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-9. - Monitoring, reports, and inspections.
Page 16 of 22
(a) The responsible land disturber, as provided in § Section 62.1-44.15:52 of 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 his or her assignee, 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 sServices or
his or her assignee may, in conjunction with or subsequent to a notice to comply 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 or
penalties 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 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
Page 17 of 22
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 sServices or 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 Sservices or his or her assignee may be compelled in a
proceeding instituted in the circuit court of the countyRoanoke County Circuit Court
to 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 Sservices or 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.
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.
Page 18 of 22
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 buffer shall 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 sServices or 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 Court to 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.
(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
Page 19 of 22
be brought by the countyCounty. 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 request of 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 order of enforcement from the circuit court. Witnesses who are
subpoenaed shall receive the same fees and reimbursement for mileage as in
civil actions.
Page 20 of 22
(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
may 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
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.
Page 21 of 22
(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 22 of 22
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 27, 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:
Second reading and public hearing 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
Page 1 of 2
maximum height limitation for principal structures in the R-3 Medium Density Multi-
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. Parameters have been
added to several sections of the ordinance as well as some clarifying language on
building heights in the R-3 zoning district.
FISCAL IMPACT:
There is no funding issue on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the ordinance amending the
Roanoke County Zoning Ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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
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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.
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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
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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 21
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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 21
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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 (including
rooftop mechanical equipment).
ii. In the study areas of the 419 Town Center Plan, the Hollins
Center Plan, and the Oak Grove Center Plan:
(a) 75 feet (including rooftop mechanical equipment); or
(b) 65 feet (including rooftop mechanical equipment)
above the top of structured parking, whichever is
greater.
(bc) 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
Page 6 of 21
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Agritourism *
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:
Page 7 of 21
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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
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.
Page 8 of 21
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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.
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
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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. In
making such determinations, the zoning administrator shall consider
factors including, but not limited to, (a) the existence of safe and
convenient pedestrian routes to building entrances, (b) effective screening
of the parking areas with landscape buffers which protect surrounding
properties from undesirable views, lighting, noise or other adverse
impacts, (c) the expected demand for parking generated by the proposed
use, and (d) appropriate traffic engineering and information.
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
total number of required parkin
to provide documentation in support of such a reduction. The zoning
administrator may request additional materials as necessary. In making such
determinations, the zoning administrator shall consider factors including, but not
limited to, (a) the existence of safe and convenient pedestrian routes to building
entrances, (b) the expected demand for parking generated by the proposed use,
and (c) appropriate traffic engineering and information.
Sec. 30-91-3.3. Minimum Parking Required.
USE TYPE PARKING REQUIRED
(A) Bhsjdvmuvsbm!boe!Gpsftusz!Vtf!
Uzqft
Agriculture No requirement
Agritourism No requirement
Commercial Feedlots No requirement
Farm Brewery; Farm Distillery; See Schedule B
Farm Winery
Farm Distillery See Schedule B
Page 10 of 21
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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) Sftjefoujbm!Vtf!Uzqft* *Guest parking may be
constructed with permeable or
pervious pavers
Accessory Apartment; 1 additional space
Manufactured Home, Accessory
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
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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
Page 11 of 21
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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
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) Pggjdf!Vtf!Uzqft
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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) Dpnnfsdjbm!Vtf!Uzqft
Adult Business; Business Support 3 spaces per 1,000 square feet
Services; Consumer Repair
Services; Pawn Shop; Personal
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
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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
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
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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
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
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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
Veterinary Hospital/Clinic 3 2.5 spaces per 1,000 sq. ft.
square feet
)G*!Joevtusjbm!Vtf!Uzqft!
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) Njtdfmmbofpvt!Vtf!Uzqft
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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
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.
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(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. In determining whether
to approve the proposed remedy, the zoning administrator shall consider
current and projected parking demands and trends, and conclude that the
proposed remedy is sufficient to meet the needs of the use(s).
2. A parking study has been submitted that supports a reduction in parking
spaces provided. The study shall include but is not limited to:
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. In making such
determinations, the zoning administrator shall consider factors including,
but not limited to, (a) the existence of safe and convenient pedestrian
routes to building entrances, (b) effective screening of the parking areas
with landscape buffers which protect surrounding properties from
undesirable views, lighting, noise or other adverse impacts, (c) the
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expected demand for parking generated by the proposed use, and (d)
appropriate traffic engineering and information.
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 Zzoning
Aadministrator may allow the following, at the applicant's request: a reduction in
responsibility to provide documentation in support of such a reduction. The
zoning administrator may request additional materials as necessary. In making
such determinations, the zoning administrator shall consider factors including,
but not limited to, (a) the existence of safe and convenient pedestrian routes to
building entrances, (b) the expected demand for parking generated by the
proposed use, and (c) appropriate traffic engineering and information.
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.
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.
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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. In making such
determinations, the zoning administrator shall consider factors
including, but not limited to, (a) seasonal foliage or lack thereof, and
(b) maximum and minimum sight distances, taking into
consideration different sizes of vehicles, and shall conclude that
safety and visibility will not be adversely affected by such trees and
shrubs.
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:
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
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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.
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ACTION NO.
ITEM NO. H.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 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)
The following appointments remain open:
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.
Page 1 of 2
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 27, 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 July27, 2021,
designated as Item I-ConsentAgenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1 through2inclusive, as
follows:
1.Resolution appointing representatives to the Local Finance Board
2.Resolution in support of the proposed American Rescue Plan funding
for Virginia Tourism Destinations
Page 1of 1
ACTION NO.
ITEM NO. I.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 2021
AGENDA ITEM: Resolution appointing representatives to the Local Finance
Board
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Appoint representatives to the Local Finance Board
BACKGROUND:
On April 28, 2009, the Board of Supervisors adopted Ordinance 042809-4, establishing
a trust for the purpose of accumulating and investing assets to fund other post-
15.2-1544 of the Code of Virginia. Ordinance 042809-4 further appointed individuals to
-1547, to oversee and manage the
OPEB Trust Fund, and stated that the Board of Supervisors may make further
appointments to the Local Finance Board by resolution.
On April 23, 2019, the Board of Supervisors adopted Resolution 042321-5 appointing
representatives for the Local Finance Board.
According to Section 15.2-1547 of the Code of Virginia, this board shall be composed of
at least three (3) members who shall include the Chief Financial Officer of the County,
the Treasurer of the County and at least one other additional person who shall be a
citizen of the Commonwealth with proven integrity, business ability and demonstrated
experience in cash management and in investments.
Page 1 of 2
DISCUSSION:
The Local Finance Board meets quarterly to monitor the performance of the
investments, review the actuarial reports and make sure that the plan is adequately
funded. Since the appointments outlined in R-042321-5, several changes have
occurred due to retirements, promotions, etc., the following new appointments are
recommended, each of whom are citizens of the Commonwealth with proven integrity,
business ability and demonstrated experience in cash management and investments:
· Susan Peterson, Roanoke County School's Director of Finance, to serve a two-
year term to expire July 27, 2023
· Penny Hodge, to serve a two-year term to expire July 27, 2023
· Rebecca Owens, Assistant Roanoke County Administrator, to serve a two-year
term to expire July 27, 2023
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends appointment of the above referenced individuals.
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, APRIL 23, 2019
RESOLUTION 042319-5APPOINTING REPRESENTATIVES FOR THE
LOCAL FINANCE BOARD
WHEREAS, Ordinance 042809-4adopted by the Board ofSupervisors on April 23,
2019, appointed fourindividuals to serve on the “Local Finance Board;”and
WHEREAS, in September 2011, the School Board joined the VML/VACO Pooled
Trust with the County of Roanoke; and
WHEREAS, according to State Code, the finance board shall be composed of at
least three members who shall include the chief financial officer of the County, the
treasurer of the County, and at least one other additional person who shall be a citizen of
the Commonwealth with proven integrity, business ability, and demonstrated experience
in cash management and in investments; and
WHEREAS, Ordinance 042809-4 further indicates subsequent appointments to
the finance board may be made by resolution adopted by the Board of Supervisors.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following additional members to the Local
Finance Board:
Susan Peterson, Director of Finance, Authorized Representative with no term
limit, per State Code.
Penny Hodge, Citizen Representative, two-year term to expire April 23, 2021
Laurie Gearheart, Acting Director of Finance, Authorized Representative with
no term limit, per State Code.
Page 1of 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
RESOLUTION APPOINTING REPRESENTATIVES TO THE LOCAL
FINANCE BOARD
WHEREAS, Ordinance 042809-4 adopted by the Board of Supervisors on April 28,
2009, establishing a trust for the purpose of accumulating and investing assets to fund
other post-employment benefits other than pens
to Section 15.2-1544 of the Code of Virginia; and
WHEREAS, Ordinance 042809-
-1547, to oversee and manage the OPEB Trust
Fund, and stated that the Board of Supervisors may make further appointments to the
Local Finance Board by resolution; and
WHEREAS, Resolution 042319-5 was adopted by the Board of Supervisors on
April 23, 2019, appointing four individuals to serve on the Local Finance Board; and
WHEREAS, in September 2011, the School Board joined the VML/VACO Pooled
Trust with the County of Roanoke; and
WHEREAS, pursuant to Section 15.2-1547 of the Code of Virginia, the finance
board shall be composed of at least three members who shall include the chief financial
officer of the County, the treasurer of the County, and at least one other additional person
who shall be a citizen of the Commonwealth with proven integrity, business ability, and
demonstrated experience in cash management and in investments; and
Page 1 of 2
WHEREAS, the purpose of this resolution is to clarify and set forth the appointees
treasurer).
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following members to the Local Finance Board
who are each citizens of the Commonwealth with proven integrity, business ability, and
demonstrated experience in cash management and in investments:
Susan Peterson, Roanoke County Public Schools Director of Finance; Ms.
Peterson is appointed to serve a two-year term, which will expire on July 27,
2023;
Penny Hodge; Ms. Hodge is appointed to serve a two-year term which will
expire on July 27, 2023; and
Rebecca Owens, Assistant Roanoke County Administrator; Ms. Owens is
appointed to serve a two-year term which will expire on July 27, 2023.
BE IT FURTHER resolved that the Clerk to the Board is directed to send a copy of
this resolution to the individuals named herein and the other members of the Local
Finance Board.
Page 2 of 2
ACTION NO.
ITEM NO. I.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 2021
AGENDA ITEM: Resolution in support of the proposed American Rescue
Plan funding for Virginia Tourism Destinations
SUBMITTED BY: Daniel R. O'Donnell
County Administrator
APPROVED BY:
County Administrator
ISSUE:
This resolution has been brought forward by Landon Howard, President, Visit Virginia's
Blue Ridge, for the Board of Supervisors' support for fair funding from the American
Rescue Plan.
STAFF RECOMMENDATION:
Staff recommends approval 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 27, 2021
RESOLUTION IN SUPPORT OF THE PROPOSED AMERICAN RESCUE
PLAN FUNDING FOR VIRGINIA TOURISM DESTINATIONS
WHEREAS, on July 12, 2021, Governor Northam proposed $353 million in
American Rescue Plan Funding to accelerate small business recovery including
investments for Rebuild VA, community revitalization, tourism and hospitality industries;
and
WHEREAS, Virginia lost an estimated $14.5 billion in total tourism spending due to
the COVID-19 pandemic. Governor Northam is proposing a $50 million investment to be
allocated to the Virginia Tourism Corporation (VTC) to assist with the tourism industry
recovery and restore additional economic activity across the Commonwealth; and
WHEREAS, the VTC, after approval from the General Assembly, will create the
Virginia Tourism Recovery Program (VTRP); and
WHEREAS, the VTRP will deliver $20 million dollars to fund extending its
broadcast and digital marketing into tier 2 and 3 media markets in Charlotte, Pittsburgh,
Boston, and Chicago and digital advertising to an additional 29 markets east of the
Mississippi River. This funding will also allow VTC to boost its sports and meeting
marketing programs, which experienced significant revenue loss during the pandemic;
and
WHEREAS, the VTRP will deliver $30 million dollars distributed to all 114
destination marketing organizations throughout the Commonwealth; and
Page 1 of 3
th
WHEREAS, in 2019, Virginia rank 8 in domestic travel spending, generate $27
billion in visitor spending, support 237,000 jobs and $1.8 billion in state and local taxes;
and
region is comprised of five cooperating localities
including the City of Roanoke, City of Salem, County of Roanoke, County of Botetourt
and County of Franklin; and
region generated $920 million in visitor
spending, supported 8,177 jobs and returned $66 million in state and local taxes; and
th
reached the 10 consecutive year
of record growth reporting hotel room revenue at $116 million and 1.3 million rooms sold;
and
was down 45% in hotel room revenue in
2020 and lost an estimated $3 million due to the pandemic; and
American Rescue Plan Funding by Governor Northam to
economy; and
Page 2 of 3
WHEREAS, Virginia
organization operating collaboratively to create a greater return on investment. As such,
requests to be considered as a whole with an equitable funding formula should the
proposed American Rescue Plan Funding be passed by the General Assembly and VTC
creates a Tourism Recovery Program; and
NOW, THEREFORE, BE IT RESOLVED that the County of Botetourt requests the
Virginia General Assembly Special Session scheduled in August 2021 approve legislation
supporting the American Rescue Plan Funding for tourism recovery and seek to ensure
that all localities and regional tourism offices receive equitable funding dedicated to
destination marketing organizations.
Page 3 of 3
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 27, 2021
VPSA School Bonds$74,515,490$-$8,552,438$65,963,052
Lease Revenue Bonds77,530,000--77,530,000
Subtotal152,045,490-8,552,438143,493,052
Premiums10,777,149--10,777,149
$162,822,639$-$8,552,438$154,270,201
Submitted ByLaurie L. Gearheart
Director of Finance and Management Services
Approved ByDaniel R. O'Donnell
County Administrator
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ACTION NO. _______________
ITEM NO. __________________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 27, 2021
AGENDA ITEM: Accounts Paid - June 2021
SUBMITTED BY: Laurie L. Gearheart
Director of Finance and Management Services
APPROVED BY: Daniel R. OÓDonnell
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct DepositChecksTotal
Payments to Vendors-$ -$ 11,406,674.80$
Payroll06/11/211,358,857.2314,194.121,373,051.35
Payroll06/25/211,567,309.4521,463.661,588,773.11
Manual Checks- 519.83 519.83
Grand Total$ 14,369,019.09
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
ACTION NO.___________________
ITEM NUMBER_______________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: July 27, 2021
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
30-Jun-21
SUMMARY OF INFORMATION:
CASH INVESTMENT:
SUNTRUST CON15,304,238.3115,304,238.31
GOVERNMENT:
SCOTT STRINGFELLOW CONTRA(55,900.00)
SCOTT STRINGFELLOW 39,501,485.59
WELLS FARGO0.00
WELLS FARGO CONTRA0.0039,445,585.59
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION 40,802,689.3840,802,689.38
MONEY MARKET:
ATLANTIC UNION BANK4,542,563.99
HOMETRUST BANK4,034,555.37
SCOTT STRINGFELLOW 30,952,510.31
WELLS FARGO5,288,250.96
44,817,880.63
TOTAL140,370,393.91
07/27/2021
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
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.
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