HomeMy WebLinkAbout7/9/2024 - RegularPage 1 of 4
INVOCATION: Pastor Catina Martin, Belmont Christian Church
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
“Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board.”
Roanoke County
Board of Supervisors
July 9, 2024
Page 2 of 4
Good afternoon and welcome to our meeting for July 9, 2024. 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 Sunday from 10:00 a.m. until 5 p.m.
Board of Supervisors meetings can also be viewed online through Roanoke County’s
website at www.RoanokeCountyVA.gov. 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 them on silent.
A. OPENING CEREMONIES
1. Remote Participation Approval
2. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. NEW BUSINESS
1. Resolution supporting SMART SCALE applications by Roanoke County, the
Roanoke Valley Transportation Planning Organization, and the City of Roanoke .
(Megan G. Cronise, Assistant Director of Planning)
D. FIRST READINGS OF ORDINANCES
1. Ordinance amending the fiscal year 2023-2024 budget for the General Operating
Revenues and Expenditures by $6,000,000 and appropriating $1,500,000 to the
County's Capital Fund and $4,500,000 to the General Government Fund . (Laurie
Gearheart, Director of Finance and Management Services) (First Reading and
Request for Second Reading)
Roanoke County
Board of Supervisors
Agenda
July 9, 2024
Page 3 of 4
E. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS
1. Ordinance amending Chapter 8.1 of the Roanoke County Code and repealing
Chapter 23 of the Roanoke County Code in order to create a Consolidated
Erosion and Stormwater Management Program Ordinance. (Tarek Moneir,
Director of Development Services) (Second Reading and Public Hearing)
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Approval of minutes – June 25, 2024
2. Ordinance accepting funds in the amount of $328,811 from Virginia Department
of Criminal Justice Services and appropriating such funds for use by the
Roanoke County Police Department for school resource officers . (Second
Reading)
3. Ordinance accepting funds in the amount of $322,675 from Virginia Department
of Criminal Justice Services and appropriating such funds for use by the
Roanoke County Police Department for school resource officers . (Second
Reading)
4. Ordinance approving the payment of a bonus to the county administrator and the
county attorney. (Second Reading)
5. Resolution supporting participating in the Virginia Juvenile Community Crime
Control Act (VJCCCA) Grant Program of the Department of Juvenile Justice for
the 2024-2025 and 2025-2026 fiscal years.
6. Request to accept and allocate funds of $55,110 from the Bureau of Justice
Assistance (BJA) Fiscal Year (FY) 2024 Edward Byrne Memorial Justice
Assistance Grant (JAG) along with a $18,370 local match from the fiscal year
2024-2025 Police Department operating budget.
G. CITIZENS' COMMENTS AND COMMUNICATIONS
H. REPORTS
1. Unappropriated Balance, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
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I. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Martha B. Hooker
2. Paul M. Mahoney
3. David F. Radford
4. Tammy E. Shepherd
5. Phil C. North
J. WORK SESSION
1. Work session with staff to discuss potential changes to the Roanoke County
regulation of residential lot drainage. (Doug Blount, Assistant County
Administrator, Rachel Lower, Deputy County Attorney, and Tarek Moneir,
Development Services)
2. Work session with staff to discuss potential changes to elderly tax relief.
(P. Jason Peters, Commissioner of Revenue)
K. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711(A)(8) of the Code of Virginia to consult with the County Attorney
regarding a specific matter that requires the provision of legal advice.
Specifically, the Board will receive information and counsel regarding a lien
secured on a particular parcel of real property.
L. CERTIFICATION RESOLUTION
M. WORK SESSION
1. Work session with the Board regarding the 2024 sessions of the General
Assembly. (Peter S. Lubeck, County Attorney, and Eldon James, Legislative
Liaison).
N. 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 9, 2024
AGENDA ITEM: Resolution supporting SMART SCALE applications by
Roanoke County, the Roanoke Valley Transportation
Planning Organization and the City of Roanoke
SUBMITTED BY: Megan G. Cronise
Assistant Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
A resolution of support from the Board of Supervisors is required as part of the SMART
SCALE application for transportation project funding.
BACKGROUND:
The SMART SCALE program provides methods and procedures for scoring and funding
transportation projects in the Commonwealth of Virginia. According to the SMART
SCALE Technical Guide, “The purpose of SMART SCALE is to fund the right
transportation projects through a prioritization process that evaluates each project’s
merits using key factors including: improvements to safety, congestion reduction,
accessibility, land use, economic development and the environment. The evaluation
focuses on the degree to which a project addresses a problem or need relative to the
requested funding for the project.”
The deadline for submitting SMART SCALE project applications is August 1, 2024.
Attached is a PowerPoint presentation with details for proposed SMART SCALE
projects included in the resolution of support.
DISCUSSION:
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SMART SCALE applications require a resolution of support from the governing body.
The proposed resolution of support includes not only projects to be submitted by
Roanoke County, but also includes projects to be submitted by the Roanoke Valley
Transportation Planning Organization (RVTPO) and the City of Roanoke on behalf of
Roanoke County. When it was determined that the Peters Creek Road at Valleypointe
Parkway Improvements project was ineligible for the RVTPO to submit, City of Roanoke
staff agreed to submit the project for Roanoke County because this segment of Peters
Creek Road is located within the City of Roanoke.
FISCAL IMPACT:
The SMART SCALE program provides 100 percent funding for selected applications so
no fiscal impact is anticipated.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt a resolution of support for
SMART SCALE applications to be submitted by Roanoke County, the Roanoke Valley
Transportation Planning Organization and the City of Roanoke.
Board of Supervisors Meeting
July 9, 2024
Proposed SMART SCALE
Applications
Overview
•Project Updates from Previous Rounds
•Projects in Roanoke County for Round 6
•City of Roanoke Submission
•Lessons We Have Learned and Continue to Implement
•Next Steps
2
Project Updates from
Previous Rounds
3
Round 1: Applications Submitted 2015, Awarded 2016
4
StatusAwardProject
Complete$30 millionI-81 Widening from Exit 143 to Exit 141
Northbound (TPO Application)
Complete$1.3 millionLila Drive/Route 115 Intersection Safety
Improvements
Complete$4.9 millionRoute 419 Widening,Safety and
Multimodal Improvements
Complete$3.8 millionRoute 311/Route 419 Intersection
Safety and Congestion Improvements
Phase 1
Under Construction
$4.5 millionRoanoke River Greenway,Green Hill
Park to Riverside Park (TPO Application)
$44.5 millionFunding for Projects in Roanoke County
Round 2: Applications Submitted 2016, Awarded 2017
5
StatusAwardProject
Complete$700,000Route 419 and Route 221 Adaptive
Signal Control
Complete$32 millionI-81 Widening from Exit 143 to Exit 141
Southbound (TPO Application)
Complete$1.8 millionPlantation Road Bicycle,Pedestrian
and Streetscape Improvements,
Phase II (Walrond to Gander)
Complete$900,000West Main Street Pedestrian
Improvements,Phase 2
(Salem to Technology Drive)
$35.4 millionFunding for Projects in Roanoke County
Round 3: Applications Submitted 2018, Awarded 2019
6
StatusAwardProject
Bid letting in July 2024;
construction anticipated
in 2024
$11.8 millionRoute 419/Route 220 Diverging Diamond
Interchange
Complete$1.7 millionWilliamson Road Pedestrian Improvements
(Peters Creek to Plantation)
$13.5 millionFunding for Projects in Roanoke County
Round 4: Applications Submitted 2020, Awarded 2021
7
StatusAwardProject
Complete$2.6 millionStarkey Rd./Buck Mountain Rd. Intersection Improvements
PE underway;
Construction anticipated 2027
$7.3 millionValleypointeParkway Realignment
VDOT Design Public hearing
held June 17,2024;
Construction anticipated 2026
$14.1 millionRoute 419 Streetscape Improvements,Phase II
(Ogden to Starkey)
VDOT Design Public Hearing
to be held August 22,2024;
construction anticipated 2026
and 2027
$6.8 millionRoute 460 at West Ruritan Rd. Intersection Improvements
(TPO Application)
$2.3 millionRoute 460 Intersections from Carson Rd. to Huntridge Rd.
(TPO Application)
$19.3 millionRoute 460 and Alt. Route 220 Intersection Improvements*
$52.4 millionFunding for Projects in Roanoke County
Round 5: Applications Submitted 2022, Awarded 2023
8
StatusAwardProject
PE to begin soon;
Construction anticipated in
2027
$3.9 millionPedestrian Crossing Improvements on Route 419 at Postal
Drive and Brambleton Avenue (TPO Application)
$6.6 millionRoute 419/Electric Road Safety Improvements,
Stoneybrook Drive to Grandin Road Extension
(TPO Application)
$10.5 millionFunding for Projects in Roanoke County
19 projects, $156.3 millionHB2/SMART SCALE Funding Awarded in
All Rounds for Projects in Roanoke County
Projects in Roanoke County
Round 6
9
Starkey Road/Ogden Road Streetscape Improvements
10
•Roanoke County-funded study initiated
in early 2023
•Project continues to implement the 419
Town Center Plan (2019)
•Targeted property owners and tenants to
be impacted by the project
•Fall 2023 Community Engagement:
•October 19,2023, with 12 attendees
•89 surveys completed
•Winter 2024 Community Engagement:
•February 15,2024, with 21 attendees
•50 surveys completed
February 15, 2024, Community Meeting
Starkey Road/Ogden Road Streetscape Improvements
11
Project Components:
•Sidewalk:
•Ogden Rd. to connect Lewis Gale ED sidewalk to Railroad Bridge sidewalk
•Starkey Rd. to eastern Old Country Plaza entrance
•New traffic signal at Ogden/Starkey intersection with pedestrian signals/crosswalks
•Bicycle lanes:
•Ogden Rd. between Starkey Rd. and Railroad Bridge
•Starkey Rd. from Ogden Rd. to Route 419 (connects to 419 Phase 2 project)
•Ogden Road Changes:
•NB continuous right turn lane reallocated for bicycle lane from Starkey to Railroad Bridge
•SB left turn lane into Tanglewood Mall shortened
•Old Country Plaza right slip lane modified to slow vehicle speeds
•Valley Metro Bus Stop Relocation from north side of bridge to south side with a concrete pad for future accommodations
Carson Road Safety Improvements
12
•Roanoke County-funded study initiated
in early 2023
•Project implements the Route 460 Land
Use and Connectivity Study (2023)
•Targeted property owners and renters to
be impacted by the project
•Fall 2023 Community Engagement:
•November 9,2023, with 37 attendees
•84 surveys completed
•Winter 2024 Community Engagement:
•March 7,2024, with 34 attendees
•79 surveys completed
March 7, 2024, Community Meeting
Carson Road Safety Improvements
13
Project Components:
•Replace the existing one-
lane-wide Carson Road
bridge over a tributary of
Glade Creek with a double
box culvert allowing for two
travel lanes
•Realign the Challenger
Avenue/Carson Road
intersection by separating
the Carson Road travel lanes
with a concrete median to
reduce crashes
Route 11/460 at Dow Hollow Road Intersection Improvements
14
•VDOT/OIPI-funded study initiated in
mid-2023
•Project implements the Glenvar
Community Plan (2012)
•Summer 2023 Community Engagement:
•241 surveys completed
•Winter 2024 Community Engagement:
•February 28,2024, with 74 attendees
•487 surveys completed
February 28, 2024, Community Meeting
Route 11/460 at Dow Hollow Road Intersection Improvements
15
Project Components:
•Install a two-lane-wide
peanut-style roundabout to
improve traffic flow and safety
at the West Main Street
intersections at Dow Hollow
Road and at Fallbrooke Drive
while also providing access to
vacant property across from
Dow Hollow Road
•Approaching speed limit from
both directions would be
reduced from 55 mph to 45
mph
•RVTPO staff will submit this
project on behalf of Roanoke
County
•RVTPO approved $4 million in
STBG leverage for this project
Peters Creek Road/Williamson Road Multimodal Safety
Improvements
16
•VDOT/OIPI-funded study initiated in
mid-2023
•Project implements the Hollins Center
Plan (2020)
•Summer 2023 Community
Engagement:
•494 surveys completed
•Winter 2024 Community
Engagement:
•March 18,2024, with 48 attendees
•928 surveys completed March 18, 2024, Community Meeting
Peters Creek Rd/Williamson Rd Multimodal Safety Improvements Strategy
17
RVTPO Submission: Entire Corridor (OIPI Requirement)
Thru-Cuts with Pedestrian Crosswalks/ Signals
•Wood Haven Road
•Airport Road/Archcrest Drive
Restricted Crossing U-Turns
•Newland Road
•Dwight Street
•North Roanoke Baptist Church
•Deer Branch Road
•Southern Team Entrance
Roundabout with Sidewalks,Crosswalks and Access Management Changes at Peters Creek/Williamson Intersection
Signalized Intersection Improvements
•Barrens Road
•Plantation Road
Sidewalk from Peters Creek/Williamson to Archcrest Drive
Close Wendover Rd. Median Opening
Roanoke County Submission 1: Peters Creek Rd/Williamson Rd Multimodal Safety Improvements
Roundabout with Sidewalks, Crosswalks and Access Management Changes at Peters Creek/Williamson Intersection
Williamson Road/Plantation Road Intersection Improvements
•Williamson Road EB right turn lane to Plantation Road SB
•Plantation Road NB right turn lane addition to Williamson Road EB
RVTPO approved $3.6 million in
STBG leverage for this project
Roanoke County Submission 2: Peters Creek Road Multimodal Safety Improvements
Airport Road/Archcrest Drive Thru-Cut with Pedestrian Crosswalks/Signals
Restricted Crossing U-Turns
•Newland Road
•Dwight Street
•North Roanoke Baptist Church
•Deer Branch
Sidewalk from Archcrest Drive to Dwight Street
Close Wendover Rd. Median Opening
Some project components may be removed depending upon the final estimate to maximize competitiveness.
RVTPO Submission: Entire Corridor (OIPI Requirement)Peters Creek Road and Williamson Road Corridor Improvements
18
Wood Haven Road to Alpine Road
Alpine Road to Plantation Road
Roanoke County Submission 1: Peters Creek Road/Williamson Road Multimodal Safety Improvements
19
Roanoke County Submission 2: Peters Creek Road Multimodal Safety Improvements
Wendover Road to Alpine Road
North Roanoke Baptist Church
to Deer Branch Road
City of Roanoke
Submission
21
Peters Creek Road at Valleypointe Parkway Improvements
22
•Project improves access to the
Wood Haven Technology Park
•I-581 NB off-ramp to EB Peters
Creek Road realignment/
signalization in design with
construction anticipated in
2025
Project Components:
•Adding a second left turn lane
onto Valleypointe Parkway
and lengthening both turn
lanes
•New traffic signal with
pedestrian signals/crosswalks
•Grading for a future sidewalk
•Bicycle lanes
Lessons We Have Learned and Continue to Implement
•Planning is critical to set project foundations;
•Corridor Studies are invaluable;
•Continue to Lean on VDOT;
•Maximize regional sources for leverage funds;
•Regional collaboration and flexibility is key;and
•Adapting to constantly changing SMART SCALE and VDOT
Salem District requirements is critical to maximize application
competitiveness.
23
·August 1 –SMART SCALE applications due
·January 2025 –Recommended funding scenario released
·June 2025 –Anticipated Six-Year Plan Adoption by the
Commonwealth Transportation Board
Awarded funding to be programmed through the Six-Year
Improvement Program,generally allowing for Preliminary
Engineering to begin two years from award.
Next Steps
24
Questions
25
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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 9, 2024
RESOLUTION SUPPORTING SMART SCALE APPLICATIONS BY
ROANOKE COUNTY, THE ROANOKE VALLEY TRANSPORTATION
PLANNING ORGANIZATION AND THE CITY OF ROANOKE
WHEREAS, at a regular meeting on July 9, 2024, the Board of Supervisors
reviewed proposed SMART SCALE project applications; and
WHEREAS, the list of projects includes applications to be submitted by Roanoke
County, the Roanoke Valley Transportation Planning Organization and the City of
Roanoke; and
WHEREAS, the Board of Supervisors desires to support both local and regional
projects to mitigate congestion, promote economic development, increase accessibility,
safety, and environmental quality, as well as develop projects consistent with local land
use policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports the following SMART
SCALE projects for Roanoke County application:
a. Starkey Road/Ogden Road Streetscape Improvements
b. Carson Road Safety Improvements
c. Peters Creek Road/Williamson Road Multimodal Safety
Improvements
d. Peters Creek Road Multimodal Safety Improvements
Page 2 of 2
2. That the Board of Supervisors hereby supports the following SMART
SCALE projects for Roanoke Valley Transportation Planning Organization
application:
a. Route 11/460 at Dow Hollow Road Intersection Improvements
b. Peters Creek Road and Williamson Road Corridor Improvements
3. That the Board of Supervisors hereby supports the following SMART
SCALE project for City of Roanoke application:
a. Peters Creek Road at Valleypointe Parkway Improvements
4. That the Clerk to the Board forthwith send a certified copy of this
Resolution to Commonwealth Transportation Board member Dr. Ray
Smoot, State Senator Chris Head, State Senator David Suetterlein, State
Delegate Joseph McNamara, State Delegate Will Davis and State
Delegate Joseph Obenshain.
5. That this resolution is effective immediately.
Page 1 of 2
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 9, 2024
AGENDA ITEM: Ordinance amending the fiscal year 2023-2024 budget for
the General Operating Revenues and Expenditures by
$6,000,000 and appropriating $1,500,000 to the County's
Capital Fund and $4,500,000 to the General Government
Fund
SUBMITTED BY: Laurie Gearheart
Director of Finance and Management Services
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
First reading of an ordinance to amend the current year operating budget by $6,000,000
BACKGROUND:
During the development of the FY 2024-2025 budget development, discussions were
held on using current year excess revenues from FY 2023 -2024 to fund the General
Government Unappropriated Balance, the Expenditure Contingency and the transfer to
capital reserves for the upcoming fiscal year.
DISCUSSION:
County staff have had discussions with the Board of Supervisors throughout the fiscal
year on the FY 2023-2024 budget. Currently, revenues are trending above budget
overall but particularly in Real Estate Tax, Personal Property Tax, Current Public
Service Corporation Tax, Business License Tax, Bank Franchise Tax, and in the Use of
Money/Property.
The proposed budget amendment is outlined in attachment A.
FISCAL IMPACT:
Page 2 of 2
The amendment will increase the General Government revenues budget by $6,000,000
and increase the General Government expenditures by $775,000 for tax relief for the
elderly, handicapped and disabled veterans, $300,000 for contracted repairs, $365,000
for fuel, $347,029 for utilities, $40,500 for costs for volunteer stations due to EMS drug
federal regulatory changes and $1,500,000 will be transferred to the capital fund for
Capital Reserves.
Also as part of this amendment $2,022,180 will be used to increase the general fund
unappropriated balance and $650,291 will be used for the general government
expenditure contingency to meet the requirements outlined in our Comprehensive
Financial Policy.
Additionally, surplus revenues were assumed in the FY2025 revenue estimates and
approved budget.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and scheduling the
second reading for July 23, 2024.
1
Attachment A -FY 2024 Proposed Budget Amendment
Revenue Category FY 2024 Proposed Budget Amendment
Real Estate Tax $2,175,000
Personal Property Tax 500,000
Current Public Service Corporation 990,000
Bank Franchise Tax 175,000
Business License Tax 900,000
Hotel/Motel Tax 235,000
Commonwealth –HB 599 100,000
Use of Money/Property 925,000
Total General Government Revenue to be Amended $6,000,000
Expenditure Category FY 2024 Proposed Budget Amendment
General Fund Unappropriated Balance $2,022,180
General Government Expenditure Contingency 650,291
Capital Reserves 1,500,000
Tax Relief for the Disabled and Elderly 775,000
Fuel 365,000
Utilities 347,029
Contracted Repairs 300,000
Costs for Volunteer Stations due to EMS drug federal regulatory changes 40,500
Total General Government Expenditure to be Amended $
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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 23, 2024
ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR
THE GENERAL OPERATING REVENUES AND EXPENDITURES BY
$6,000,000 AND APPROPRIATING $1,500,000 TO THE COUNTY’S
CAPITAL FUND AND $4,500,000 TO THE GENERAL GOVERNMENT
FUND
WHEREAS, the County Administrator proposed the fiscal year 2024 operating
budget on March 28, 2023; and
WHEREAS, the fiscal year 2024 operating budget was adopted by the Board, by
Resolution 052323-2, on May 23, 2023; and
WHEREAS, County staff, have monitored and projected general government
revenues; current revenues are trending above the adopted budget, and a surplus is
anticipated; and
WHEREAS, it is proposed that the County’s 2023-2024 budget be amended and
increased by $6,000,000; and
WHEREAS, $775,000 will be appropriated for tax relief for the elderly and
handicapped and disabled veterans, $300,000 will be appropriated for contracted repairs,
$365,000 for fuel, $347,029 for utilities, $40,500 for costs for volunteer stations due to
EMS drug federal regulatory changes, $2,022,180 for the general fund unappropriated
balance, $650,291 for the general government expenditure contingency and $1,500,000
will be appropriated to the County’s Capital Fund; and
WHEREAS, the first reading of this ordinance was held on July 9, 2024, and the
second reading was held on July 23, 2024.
Page 2 of 2
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The County’s 2023-2024 Budget for general operating revenues and
expenditures is amended and increased by the amount of $6,000,000.
2. The amount of $775,000 is appropriated for tax relief for the elderly and
handicapped and disabled veterans.
3. The amount of $300,000 is appropriated for contracted repairs.
4. The amount of $365,000 is appropriated for fuel.
5. The amount of $347,029 is appropriated for utilities.
6. The amount of $40,500 is appropriated for costs for volunteer stations due to
EMS drug federal regulatory changes.
7. The amount of $2,022,180 is appropriated for the general fund unappropriated
balance.
8. The amount of $650,291 is appropriated for the general government
expenditure contingency.
9. The amount of $1,500,000 is appropriated to the County’s Capital Fund.
Page 1 of 3
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 9, 2024
AGENDA ITEM: Ordinance amending Chapter 8.1 of the Roanoke County
Code and Repealing Chapter 23 of the Roanoke County
Code in order to create a consolidated Erosion and
Stormwater Management Program Ordinance
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Pursuant to both updates to Virginia law and also Virginia’s consolidation of the Erosion
and Sediment Control regulations and Stormwater Management regulations into the
new Virginia Erosion and Stormwater Management (VESM) Regulation, Roanoke
County must consolidate its Chapter 8.1 - Erosion and Sediment Control (ESC)
ordinance and Chapter 23 - Stormwater Management (SWM) ordinance into a single
Erosion and Stormwater Management (ESM) ordinance to: (i) clarify program
requirements, (ii) eliminate redundancies, and (iii) correct inconsistencies between the
erosion and sediment control and stormwater management programs.
BACKGROUND:
On June 22, 2023, the State Water Control Board approved and adopted the Virginia
Erosion and Stormwater Management (VESM) Regulation (9VAC25-875) and approved
the repeal of the Erosion and Sediment Control Regulation (9VAC25 -840), Erosion and
Sediment Control and Stormwater Management Certification Regulations (9VAC25 -
850), and the Virginia Stormwater Management Program Regulation (9VAC25 -870).
The VESM Regulation and repeal of the other regulations will be effective July 1, 2024.
Also on July 1, 2024, Chapters 68 and 758 of the 2016 Acts of Assembly become
effective. Those Acts, referred to as the “Consolidation Bill,” combine stormwater
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management and erosion and sediment control requirements under the Virginia Erosion
and Stormwater Management Act (VESMA), §§ 62.1-44.15:24 through 62.1-44.15:50 of
the Code of Virginia.
With the Consolidation Bill and VESM Regulation becoming effective on July 1, 2024,
local ordinances for the administration of a Virginia Erosion and Sediment Control
Program (VESCP) or Virginia Stormwater Management Program (VSMP) must be
updated to reflect both the new law and regulations.
Consistent with § 62.1-44.15:27 of the Code of Virginia, the Virginia Department of
Environmental Quality (DEQ) has prepared a Virginia Erosion and Stormwater
Management Program (VESMP) Model Ordinance to assist localities in the
development of a local ordinance.
The DEQ is not required to review and/or approve local ordinances, or associated
documents, manuals, etc., prior to adoption. Roanoke County may, by local ordinance
adopted pursuant to § 62.1-44.15:33 or 62.1-44.15:65 of the Code of Virginia, establish
more stringent local requirements.
DISCUSSION:
In developing the County’s new Erosion and Stormwater Management Ordinance, the
Department of Development Services (with input from County Attorney’s office) used
the DEQ (VESMP) Model Ordinance as a framework and added unique sections from
the County’s current ordinances.
In the near future, Roanoke County staff will work on a separate policy document which
will outline the individuals responsible for administering the County’s new Erosion and
Stormwater Management Ordinance, certification requirements, local appeal and
hearing procedures, etc.
CHANGES SINCE FIRST READING:
Two small changes have been made to the ordinance since the first reading. The
ordinance has been amended to clarify "variances and exceptions" to the ordinance.
Reference to "variances" were removed and the ordinance refers to waivers of the
regulations only as "exceptions." An additional change was made by adding a provision
allowing the County of Roanoke to file for injunctive relief in the event of a violation of
the ordinance.
FISCAL IMPACT:
There is no fiscal impact to Roanoke County associated with these changes to the
Page 3 of 3
County Code.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors hold a public hearing and approve the
second reading of the attached ordinance.
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CHAPTER 8.1 - EROSION AND STORMWATER MANAGEMENT PROGRAM
Pursuant to § 62.1-44.15:27 of the Code of Virginia, this ordinance is adopted as part of an
initiative to integrate the County of Roanoke stormwater management requirements with the
County of Roanoke erosion and sediment control requirements into a consolidated erosion and
stormwater management program. The erosion and stormwater management program is intended
to facilitate the submission and approval of plans, issuance of permits, payment of fees, and
coordination of inspection and enforcement activities for land-disturbing activities into a more
convenient and efficient manner for both the County of Roanoke and those responsible for
compliance with these programs.
Section 8.1-1 TITLE, PURPOSE, AND AUTHORITY.
A. This ordinance shall be known as the “Erosion and Stormwater Management Ordinance of
the County of Roanoke.”
B. The purpose of this ordinance is to ensure the general health, safety, and welfare of the
citizens of the County of Roanoke to protect the quality and quantity of state waters
from the potential harm of unmanaged stormwater and soil erosion, including protection
from a land disturbing activity causing unreasonable degradation of properties, water
quality, stream channels, steep slopes, and other natural resources, and to establish
procedures whereby stormwater requirements related to water quality and quantity shall
be administered and enforced.
C. This ordinance is authorized by § 62.1-44.15:27 of the Code of Virginia.
D. 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.
Section 8.1-2 DEFINITIONS.
The following words and terms, when used in this ordinance, shall have the following
meanings, unless the context clearly indicates otherwise.
“Adequate channel” means a channel that will convey the designated frequency storm event
without overtopping the channel bank nor causing erosive damage to the channel bed or banks.
“Agreement in lieu of a plan” means a contract between the County of Roanoke and the owner
or permittee that specifies methods that shall be implemented to comply with the requirements of
the VESMA and this ordinance for the construction of a (i) single-family detached residential
structure or (ii) farm building or structure on a parcel of land with a total impervious cover
percentage, including the impervious cover from the farm building or structure to be constructed,
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of less than five percent, or (iii) other regulated land disturbing activities that disturb less than
10,000 square feet; such contract may be executed by the County of Roanoke in lieu of a soil
erosion control and stormwater management plan.
“Administrator” means the County of Roanoke’s County Administrator or his or her designee
who shall administer the Virginia Erosion and Stormwater Management Program established by
this Ordinance.
“Applicant” means any person submitting a soil erosion control and stormwater management
plan to a VESMP authority for approval to obtain authorization to commence a land-disturbing
activity.
“Best management practice” or “BMP” means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices, including both structural and
nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater
systems.
1. “Nonproprietary best management practice” means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems
that are in the public domain and are not protected by trademark, patent, or copyright.
2. “Proprietary best management practice” means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems
that are privately owned and controlled and may be protected by trademark, patent, or
copyright.
“Board” means the State Water Control Board.
“Causeway” means a temporary structural span constructed across a flowing watercourse or
wetland to allow construction traffic to access the area without causing erosion damage.
“Channel” means a natural stream or manmade waterway.
“Clean Water Act” or “CWA” means the federal Clean Water Act (33 USC § 1251 et seq.),
formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-
576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
“Cofferdam” means a watertight temporary structure in a river, lake, etc., for keeping the water
from an enclosed area that has been pumped dry so that bridge foundations, dams, etc., may be
constructed.
“Common plan of development or sale” means a contiguous area where separate and distinct
construction activities may be taking place at different times on different schedules.
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“Comprehensive stormwater management plan” means a plan, which may be integrated with
other land use plans or regulations that specifies how the stormwater quality components, quantity
components, or both are to be managed based on an entire watershed or a portion thereof. The plan
may also provide for the remediation of erosion, flooding, and water quality and quantity problems
caused by prior development.
“Construction activity” means any clearing, grading, or excavation associated with large
construction activity or associated with small construction activity.
“Control measure” means any BMP, stormwater facility, or other method used to minimize
the discharge of pollutants to state waters.
“CWA and regulations” mean the Clean Water Act and applicable regulations published in
the Code of Federal Regulations promulgated thereunder. For the purposes of this ordinance, it
includes state program requirements.
“Dam” means a barrier to confine or raise water for storage or diversion, to create a hydraulic
head, to prevent gully erosion, or to retain soil, rock, or other debris.
“Denuded” means land that has been physically disturbed and no longer supports vegetative
cover.
“Department” or “DEQ” means the Virginia Department of Environmental Quality.
“Development” means land disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreational, transportation-
related, or utility facilities or structures or the clearing of land for non-agricultural or non-
silvicultural purposes. The regulation of discharges from development, for purposes of stormwater
management, does not include the exclusions found in 9VAC25-875-860.
“Dike” [or “levee”] means an earthen embankment constructed to confine or control water,
especially one built along the banks of a river to prevent overflow of lowlands.
“Discharge” when used without qualification, means the discharge of a pollutant.
“Discharge of a pollutant” means:
1. Any addition of any pollutant or combination of pollutants to state waters from any
point source; or
2. Any addition of any pollutant or combination of pollutants to the waters of the
contiguous zone or the ocean from any point source other than a vessel or other floating
craft which is being used as a means of transportation.
This definition includes addition of pollutants into surface waters from: surface runoff that
is collected or channeled by man; discharges through pipes, sewers, or other conveyances
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owned by a state, municipality, or other person that do not lead to a treatment works; and
discharges through pipes, sewers, or other conveyances, leading into privately owned
treatment works. This term does not include an addition of pollutants by any indirect
discharger.
“District” or “soil and water conservation district” means a political subdivision of the
Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of
Chapter 5 of Title 10.1 of the Code of Virginia.
“Diversion” means a channel with a supporting ridge on the lower side constructed across or
at the bottom of a slope for the purpose of intercepting surface runoff.
“Dormant” means denuded land that is not actively being brought to a desired grade or
condition.
“Drainage area” means a land area, water area, or both from which runoff flows to a common
point.
“Energy dissipator” means a non-erodible structure which reduces the velocity of
concentrated flow to reduce its erosive effects.
“Environmental Protection Agency” or “EPA” means the United States Environmental
Protection Agency.
“Erosion and sediment control 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 to ensure that the entire unit or units of land will be
so treated to achieve the conservation objectives.
“Erosion impact area” means an area of land that is not associated with a current land-
disturbing activity but is 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 10,000 square feet or less used for residential purposes or to shorelines where the erosion
results from wave action or other coastal processes.
“ESC” means erosion and sediment control.
“ESM plan” means a soil erosion control and stormwater management plan, commonly
referred to as the erosion control and stormwater management plan.
“Farm building or structure” means the same as defined in § 36-97 of the Code of Virginia
and includes any building or structure used for an agritourism activity, as defined in § 3.2-6400 of
the Code of Virginia, and any related impervious services including roads, driveways, and parking
areas.
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“Flood fringe” means the portion of the floodplain outside the floodway that is usually covered
with water from the 100-year flood or storm event. This includes the flood or floodway fringe
designated by the Federal Emergency Management Agency.
“Flooding” means a volume of water that is too great to be confined within the banks or walls
of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby
causing or threatening damage.
“Floodplain” means the area adjacent to a channel, river, stream, or other water body that is
susceptible to being inundated by water normally associated with the 100-year flood or storm
event. This includes the floodplain designated by the Federal Emergency Management Agency.
“Flood-prone area” means the component of a natural or restored stormwater conveyance
system that is outside the main channel. Flood-prone areas may include the floodplain, the
floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas,
usually associated with flowing water, that must be reserved to discharge the 100-year flood or
storm event without cumulatively increasing the water surface elevation more than one foot. This
includes the floodway designated by the Federal Emergency Management Agency.
“Flume” means a constructed device lined with erosion-resistant materials intended to convey
water on steep grades.
“General permit” means a permit authorizing a category of discharges under the CWA and
the VESMA within a geographical area.
“Hydrologic Unit Code” or “HUC” means a watershed unit established in the most recent
version of Virginia's 6th Order National Watershed Boundary Dataset unless specifically identified
as another order.
“Impervious cover” means a surface composed of material that significantly impedes or
prevents natural infiltration of water into soil.
“Incorporated place” means a city, town, township, or village that is incorporated under the
Code of Virginia.
“Inspection” means an on-site review of the project’s compliance with any applicable design
criteria, or an on-site review to obtain information or conduct surveys or investigations necessary
in the implementation or enforcement of the VESMA and applicable regulations.
“Karst area” means any land area predominantly underlain at the surface or shallow
subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface
karst features.
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“Karst features” means sinkholes, sinking and losing streams, caves, large flow springs, and
other such landscape features found in karst areas.
“Land disturbance” or “land-disturbing activity” means a manmade change to the land
surface that may result in soil erosion or has the potential to change its runoff characteristics,
including construction activity such as the clearing, grading, excavating, or filling of land.
“Land-disturbance approval” means an approval allowing a land-disturbing activity to
commence as issued by the VESMP authority after the requirements of § 62.1-44.15:34 of the
Code of Virginia have been met.
“Large construction activity” means construction activity including clearing, grading, and
excavating, except operations that result in the disturbance of less than five acres of total land area.
Large construction activity also includes the disturbance of less than five acres of total land area
that is a part of a larger common plan of development or sale if the larger common plan will
ultimately disturb five acres or more. Large construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, or
original purpose of the facility.
“Linear development project” means a land-disturbing activity that is linear in nature such as,
but not limited to, (i) the construction of electric and telephone utility lines, and natural gas
pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other
related structures of a railroad company; (iii) highway construction projects; (iv) construction of
stormwater channels and stream restoration activities; and (v) water and sewer lines. Private
subdivision roads or streets shall not be considered linear development projects.
“Live watercourse” means a definite channel with bed and banks within which concentrated
water continuously flows.
“Locality” means the County of Roanoke.
“Localized flooding” means smaller scale flooding that may occur outside of a stormwater
conveyance system. This may include high water, ponding, or standing water from stormwater
runoff, which is likely to cause property damage or unsafe conditions.
“Main channel” means the portion of the stormwater conveyance system that contains the base
flow and small frequent storm events.
“Manmade” means constructed by man.
“Minimize” means to reduce or eliminate the discharge of pollutants to the extent achievable
using stormwater controls that are technologically available and economically practicable.
“Minor modification” means modifications and amendments not requiring extensive review
and evaluation including changes in EPA promulgated test protocols, increasing monitoring
frequency requirements, changes in sampling locations, and changes to compliance dates within
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the overall compliance schedules. A minor permit modification or amendment does not
substantially alter permit conditions, substantially increase or decrease the amount of surface water
impacts, increase the size of the operation, or reduce the capacity of the facility to protect human
health or the environment.
“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 bank-full storm event within its
banks and allows larger flows to access its bank-full bench and its floodplain.
“Natural stream” means a tidal or nontidal watercourse that is part of the natural topography.
It usually maintains a continuous or seasonal flow during the year and is characterized as being
irregular in cross-section with a meandering course. Constructed channels such as drainage ditches
or swales shall not be considered natural streams; however, channels designed utilizing natural
channel design concepts may be considered natural streams.
“Non-erodible” means a material that will not experience surface wear due to natural forces,
such as riprap, concrete, plastic, etc.
“Nonpoint source pollution” means pollution such as sediment, nitrogen, phosphorous,
hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed
from the land surface in a diffuse manner by stormwater.
“Operator” means the owner or operator of any facility or activity subject to the VESMA and
this ordinance. In the context of stormwater associated with a large or small construction activity,
operator means any person associated with a construction project that meets either of the following
two criteria: (i) the person has direct operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications or (ii) the person has
day-to-day operational control of those activities at a project that are necessary to ensure
compliance with a stormwater pollution prevention plan for the site or other permit or VESMP
authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities
required by the stormwater pollution prevention plan or comply with other permit conditions).
“Owner” means the same as defined in § 62.1-44.3 of the Code of Virginia. For a regulated
land-disturbing activity that does not require a permit, “owner” also means the owner or owners
of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a
property.
“Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a
particular location.
“Percent impervious” means the impervious area within the site divided by the area of the site
multiplied by 100.
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“Permit” or “Construction General Permit (CGP)” means the General VPDES Permit for
Discharges of Stormwater from Construction Activities found at 9VAC25-880-70. Coverage
under this permit is issued by the Department pursuant to § 62.1-44.15 of the Code of Virginia for
stormwater discharges from a land-disturbing activity.
“Permittee” means the person to whom the permit is issued.
“Person” means any applicant, owner, 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 Commonwealth, governmental
body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
“Point of discharge” means a location at which concentrated stormwater runoff is released.
“Point source” means any discernible, confined, and discrete conveyance including any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other floating craft from which
pollutants are or may be discharged. This term does not include return flows from irrigated
agriculture or agricultural stormwater runoff.
“Pollutant discharge” means the average amount of a particular pollutant measured in pounds
per year or another standard reportable unit as appropriate, delivered by stormwater runoff.
“Pollution” means such alteration of the physical, chemical, or biological properties of any
state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental
or injurious to the public health, safety, or welfare, or to the health of animals, fish, or aquatic life;
(b) unsuitable with reasonable treatment for use as present or possible future sources of public
water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other
reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of
state waters, or a discharge or deposit of sewage, industrial wastes, or other wastes to state waters
by any owner which by itself is not sufficient to cause pollution, but which, in combination with
such alteration of, or discharge or deposit to state waters by other owners, is sufficient to cause
pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii)
contributing to the contravention of standards of water quality duly established by the State Water
Control Board, are “pollution” for the terms and purposes of this ordinance.
“Post-development” refers to conditions that reasonably may be expected or anticipated to
exist after completion of the land development activity on a specific site or tract of land.
“Predevelopment” refers to the conditions that exist at the time that plans for the land-
disturbing activity are submitted to the VESMP authority. Where phased development or plan
approval occurs (preliminary grading, demolition of existing structures, roads, and utilities, etc.),
the existing conditions at the time prior to the commencement of land-disturbing activity shall
establish predevelopment conditions.
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“Prior developed land” means land that has been previously utilized for residential,
commercial, industrial, institutional, recreational, transportation-related, or utility facilities or
structures, and that will have the impervious areas associated with those uses altered during a land-
disturbing activity.
“Qualified personnel” means a person knowledgeable in the principles and practices of
erosion and sediment control and stormwater management who possesses the skills to assess
conditions at the construction site for the operator that could impact stormwater quality and
quantity and to assess the effectiveness of any erosion and sediment control measures or
stormwater management facilities selected to control the quality and quantity of stormwater
discharges from the construction activity.
“Responsible land disturber” or “RLD” means an individual holding a certificate issued by
the department who is responsible for carrying out the land-disturbing activity in accordance with
the approved erosion and sediment control plan or ESM 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 erosion and sediment control
plan, ESM plan, or permit as defined in this ordinance as a prerequisite for engaging in land
disturbance.
“Runoff” or “stormwater runoff” means that portion of precipitation that is discharged across
the land surface or through conveyances to one or more waterways.
“Runoff characteristics” includes maximum velocity, peak flow rate, volume, and flow
duration.
“Runoff volume” means the volume of water that runs off the land development project from
a prescribed storm event.
“Sediment basin” means a temporary impoundment built to retain stormwater, sediment, and
debris with a controlled stormwater release structure.
“Sediment trap” means a temporary impoundment built to retain stormwater, sediment, and
debris which is formed by constructing an earthen embankment with a stone outlet.
“Sheet flow” (also called “overland flow”) means shallow, unconcentrated, and irregular flow
down a slope. Overland flow usually does not exceed 200 feet under natural conditions.
“Shoreline erosion control project” means an erosion control project approved by local
wetlands boards, the Virginia Marine Resources Commission, the Department, or the United States
Army Corps of Engineers and located on tidal waters and within non-vegetated or vegetated
wetlands as defined in Title 28.2 of the Code of Virginia.
“Site” means the land or water area where any facility or land-disturbing activity is physically
located or conducted, including adjacent land used or preserved in connection with the facility or
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land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be
considered part of a site.
“Site hydrology” means the movement of water on, across, through, and off the site as
determined by parameters including soil types, soil permeability, vegetative cover, seasonal water
tables, slopes, land cover, and impervious cover.
“Slope drain” means a pipe, tube, or conduit made of nonerosive material extending from the
top to the bottom of a cut or fill slope with an energy dissipator at the outlet end for the purpose of
carrying stormwater down the slope in a non-erosive manner.
“Small construction activity” means:
1. Construction activities including clearing, grading, and excavating that result in land
disturbance that is equal to or greater than one acre and less than five acres. Small
construction activity also includes the disturbance of less than one acre of total land
area that is part of a larger common plan of development or sale if the larger common
plan will ultimately disturb equal to or greater than one and less than five acres. Small
construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of the
facility. The department may waive the otherwise applicable requirements in a general
permit for a stormwater discharge from construction activities that disturb less than five
acres where stormwater controls are not needed based on an approved “total maximum
daily load” (TMDL) that addresses the pollutants of concern or, for nonimpaired waters
that do not require TMDLs, an equivalent analysis that determines allocations for small
construction sites for the pollutants of concern or that determines that such allocations
are not needed to protect water quality based on consideration of existing in-stream
concentrations, expected growth in pollutant contributions from all sources, and a
margin of safety. The pollutants of concern include sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity, or siltation) and any other
pollutant that has been identified as a cause of impairment of any water body that will
receive a discharge from the construction activity. The operator shall certify to the
Department that the construction activity will take place, and stormwater discharges
will occur, within the drainage area addressed by the TMDL or provide an equivalent
analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications
submitted in support of the waiver shall be submitted electronically by the owner or
operator to the Department in compliance with this subdivision and 40 CFR Part 3
(including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-940, and Part XI
(9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System
(VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing
requirements for electronic reporting. Prior to this date, and independent of Part XI of
9VAC25-31, permittees may be required to report electronically if specified by a
particular permit.
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2. Any other construction activity designated by either the Department or the EPA
regional administrator, based on the potential for contribution to a violation of a water
quality standard or for significant contribution of pollutants to surface waters.
“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in
the Commonwealth.
“Soil erosion control and stormwater management plan,” commonly referred to as the erosion
control and stormwater management plan, or “ESM plan” means a document describing methods
for controlling soil erosion and managing stormwater in accordance with the requirements adopted
pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control
plan and the stormwater management plan as each is described in this ordinance.
“Stabilized” means land that has been treated or protected to withstand normal exposure to
natural forces without incurring erosion damage.
“State” means the Commonwealth of Virginia.
“State application” or “application” means the standard form or forms, including any
additions, revisions, or modifications to the forms, approved by the Administrator and the
Department for applying for a permit.
“State Water Control Law” means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code
of Virginia.
“State waters” means all water, on the surface and under the ground, wholly or partially within
or bordering the Commonwealth or within its jurisdiction, including wetlands.
“Steep slope” means a slope greater than 3:1, or thirty-three and one-third (33.3) percent.
“Storm sewer inlet” or “storm drainage inlet” means a structure through which stormwater is
introduced into an underground conveyance system.
“Stormwater,” for the purposes of the VESMA, means precipitation that is discharged across
the land surface or through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
“Stormwater conveyance system” means a combination of drainage components that are used
to convey stormwater discharge, either within or downstream of the land-disturbing activity. This
includes:
1. “Manmade stormwater conveyance system” means a pipe, ditch, vegetated swale, or
other stormwater conveyance system constructed by man except for restored
stormwater conveyance systems;
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2. “Natural stormwater conveyance system” means the main channel of a natural stream
and the flood-prone area adjacent to the main channel; or
3. “Restored stormwater conveyance system” means a stormwater conveyance system
that has been designed and constructed using natural channel design concepts. Restored
stormwater conveyance systems include the main channel and the flood-prone area
adjacent to the main channel.
“Stormwater detention” means the process of temporarily impounding runoff and discharging
it through a hydraulic outlet structure to a downstream conveyance system.
“Stormwater management facility” means a control measure that controls stormwater runoff
and changes the characteristics of that runoff including the quantity and quality, the period of
release, or the velocity of flow.
“Stormwater management plan” means a document containing material describing methods
for complying with the requirements of the VESMP.
“Stormwater Pollution Prevention Plan” or “SWPPP” means a document that is prepared in
accordance with good engineering practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges. A SWPPP required
under the VESMP for construction activities shall identify and require the implementation of
control measures and shall include or incorporate by reference an approved erosion and sediment
control plan, an approved stormwater management plan, and a pollution prevention plan.
“Subdivision” means the same as defined in § 15.2-2201 of the Code of Virginia.
“Surface waters” means:
1. All waters that are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce, including all waters that are subject to the ebb and
flow of the tide;
2. All interstate waters, including interstate wetlands;
3. All other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds for which the use, degradation, or destruction would affect or
could affect interstate or foreign commerce including any such waters:
a. That are or could be used by interstate or foreign travelers for recreational or other
purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
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c. That are used or could be used for industrial purposes by industries in interstate
commerce;
4. All impoundments of waters otherwise defined as surface waters under this definition;
5. Tributaries of waters identified in subdivisions 1 through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified
in subdivisions 1 through 6 of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law, are not surface waters. Surface waters do not include
prior converted cropland. Notwithstanding the determination of an area’s status as prior
converted cropland by any other agency, for the purposes of the CWA, the final authority
regarding the CWA jurisdiction remains with the EPA.
“SWM” means stormwater management.
“Temporary vehicular stream crossing” means a temporary non-erodible structural span
installed across a flowing watercourse for use by construction traffic. Structures may include
bridges, round pipes, or pipe arches constructed on or through non-erodible material.
“Ten-year storm” means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in 10 years. It may also be expressed as an exceedance probability with a
10% chance of being equaled or exceeded in any given year.
“Total maximum daily load” or “TMDL” means the sum of the individual wasteload
allocations for point sources, load allocations (LAs) for nonpoint sources, natural background
loading, and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity,
or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-
offs.
“Town” means an incorporated town.
“Two-year storm” means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in two years. It may also be expressed as an exceedance probability with a
50% chance of being equaled or exceeded in any given year.
“Virginia Erosion and Stormwater Management Act” or “VESMA” means Article 2.3 (§ 62.1-
44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.
“Virginia Erosion and Stormwater Management Program” or “VESMP” means a program
established by the VESMP authority for the effective control of soil erosion and sediment
deposition and the management of the quality and quantity of runoff resulting from land-disturbing
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activities to prevent the unreasonable degradation of properties, stream channels, waters, and other
natural resources. The program shall include such items as local ordinances, rules, requirements
for permits and land-disturbance approvals, policies and guidelines, technical materials, and
requirements for plan review, inspection, and enforcement consistent with the requirements of the
VESMA.
“Virginia Erosion and Stormwater Management Program Authority” or “VESMP Authority”
means the County of Roanoke as approved by the Department to operate the VESMP.
“Virginia Pollutant Discharge Elimination System (VPDES) permit” or “VPDES permit”
means a document issued by the department pursuant to the State Water Control Law authorizing,
under prescribed conditions, the potential or actual discharge of pollutants from a point source to
surface waters.
“Virginia Stormwater BMP Clearinghouse” means a website collection that contains detailed
design standards and specifications for control measures that may be used in Virginia to comply
with the requirements of the VESMA and associated regulations.
“Virginia Stormwater Management Handbook” means a book collection of pertinent
information that provides general guidance for compliance with the VESMA and associated
regulations and is developed by the Department with advice from a stakeholder advisory
committee.
“Wasteload allocation” or “wasteload” means the portion of a receiving surface water’s
loading or assimilative capacity allocated to one of its existing or future point sources of pollution.
Wasteload allocation is a type of water quality-based effluent limitation.
“Water quality technical criteria” means standards set forth in regulations adopted pursuant
to the VESMA that establish minimum design criteria for measures to control nonpoint source
pollution.
“Water quantity technical criteria” means standards set forth in regulations adopted pursuant
to the VESMA that establish minimum design criteria for measures to control localized flooding
and stream channel erosion.
“Watershed” means a defined land area drained by a river or stream, karst system, or system
of connecting rivers or streams such that all surface water within the area flows through a single
outlet. In karst areas, the karst feature to which water drains may be considered the single outlet
for the watershed.
“Wetlands” means those areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
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Section 8.1-3 ADMINISTRATION OF CHAPTER IN CONJUNCTION WITH
SUBDIVISION AND ZONING ORDINANCES.
This chapter shall be administered, where applicable, in conjunction with the County’s subdivision
and zoning ordinances wherein such apply to the development and subdivision of land within the
County or where such apply to development on previously subdivided land within the County.
Section 8.1-4 VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM
ESTABLISHED.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Roanoke hereby establishes a
Virginia Erosion and Stormwater Management Program for land-disturbing activities and adopts
the Virginia Erosion and Stormwater Management Regulation that specifies standards and
specifications for VESMPs promulgated by the State Water Control Board for the purposes set
out in Section 1.1 of this Ordinance. The County of Roanoke hereby designates the County
Administrator or his or her designee as the Administrator of the Virginia Erosion and Stormwater
Management Program established by this Ordinance.
Section 8.1-5 REGULATED LAND DISTURBING ACTIVITIES.
A. Land-disturbing activities that meet one of the criteria below are regulated as follows:
1. Land-disturbing activity that disturbs 2,500 square feet or more, is less than one acre,
and is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and Article 3
(9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq) of Part
V of the Regulation is applicable, as determined in accordance with 9VAC25-875-480
and 9VAC25-875-490.
2. Land-disturbing activity that disturbs less than one acre, but is part of a larger common
plan of development or sale that disturbs one acre or more, is subject to criteria defined
in Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part
V unless Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation is applicable,
as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.
3. Land-disturbing activity that disturbs one acre or more is subject to criteria defined in
Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V
unless Article 4 (9VAC25-875-670 et seq.) of Part V is applicable, as determined in
accordance with 9VAC25-875-480 and 9VAC25-875-490.
B. Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply with the
requirements of the VESMA unless otherwise required by federal law.
Section 8.1-6 REVIEW AND APPROVAL OF PLANS; PROHIBITIONS.
A. A person who wishes to conduct a land-disturbing activity in the County of Roanoke shall
submit a soil erosion control and stormwater management plan (ESM) that is consistent
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with the requirements of the Virginia Erosion and Stormwater Management Act (VESMA).
Activities not required to comply with the VESMA are defined in 9VAC25-875-90.
B. A person shall not conduct any land-disturbing activity in the County of Roanoke until:
1. Such person submits an application that includes a permit registration statement, if
required, a soil erosion control and stormwater management plan or an executed
agreement in lieu of a plan, if required, to the County of Roanoke;
2. Such person submits the name of the individual who will be assisting them in carrying
out the activity and this individual shall hold a Responsible Land Disturber certificate
pursuant to § 62.1-44.15:30 of the Code of Virginia. Failure to provide the name of an
individual holding a Responsible Land Disturber certificate prior to engaging in land-
disturbing activities may result in revocation of the land-disturbance approval and shall
subject the owner to the penalties provided by the VESMA; and
3. The County of Roanoke has issued its land-disturbance approval.
C. The County of Roanoke may require changes to an approved ESM plan in the following
cases:
1. Where inspection has revealed that the plan is inadequate to satisfy applicable
regulations or ordinances; or
2. Where the owner finds that because of changed circumstances or for other reasons the
plan cannot be effectively carried out, and proposed amendments to the plan, consistent
with the requirements of the Act, are agreed to by the VESMP authority and the owner.
D. To prevent further erosion, the County of Roanoke may require approval of an erosion and
sediment control plan and a stormwater management plan for any land it identifies as an
erosion impact area, pursuant to § 62.1-44.15:34 of the Code of Virginia.
E. As a part of the land-disturbance approval process, the County of Roanoke may require the
applicant to submit a reasonable performance bond with surety, cash escrow, letter of
credit, any combination thereof, or such other legal arrangement acceptable to the County
of Roanoke, to ensure that it can take measures at the applicant’s expense should he/she
fail, after proper notice, within the time specified to comply with the conditions it imposes
as a result of his/her land-disturbing activity. If the County of Roanoke takes such action
upon such failure by the applicant, it may collect from the applicant the difference should
the amount of the reasonable cost of such action exceed the amount of the security held. If
the applicant fulfills the VESMP authority’s conditions, the County of Roanoke will refund
to the applicant or terminate, as applicable, such bond, cash escrow, letter of credit, or other
legal arrangement, or the unexpended or unobligated portion thereof.
F. Exceptions
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1. The applicant may request the County of Roanoke to grant an exception to waive or
modify any of the erosion and sediment control requirements of Article 2 (9VAC25-
875-540 et seq.) of Part V (9VAC25-875-470 et seq.) that are deemed inappropriate or
too restrictive for site conditions under these conditions:
a. At the time of plan submission, an applicant may request an exception to become
part of the approved erosion and sediment control plan. The applicant shall explain
the reasons for requesting exceptions in writing. Specific exceptions which are
allowed by the County of Roanoke shall be documented in the plan.
b. During construction, the person responsible for implementing the approved plan
may request an exception in writing from the County of Roanoke. If the County of
Roanoke does not approve an exception in writing within 10 days of receipt of the
request, the request shall be disapproved. Following disapproval, the applicant may
resubmit an exception request with additional documentation.
2. The applicant may request the County of Roanoke to grant an exception to the
provisions of Article 3 (9VAC25-875-570 et seq.) of Part V. An exception may be
granted by the County of Roanoke provided that (i) the exception is the minimum
necessary to afford relief, (ii) reasonable and appropriate conditions shall be imposed
as necessary upon any exception granted so that the intent of the VESMA is preserved,
(iii) granting the exception will not confer any special privileges that are denied in other
similar circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created.
3. Economic hardship alone is not a sufficient reason to grant an exceptionfrom the
requirements of this chapter.
4. Under no circumstance shall the applicant be granted an exception (i) to the
requirement that the land-disturbing activity obtain required permits, or (ii) for the use
of a BMP not found through the Virginia Stormwater BMP Clearinghouse, except as
allowed under Article 4 (9VAC25-875-670 et seq.) of Part V of this chapter.
5. No exception to or waiver of post-development nonpoint source nutrient runoff
compliance requirements shall be granted unless offsite options have been considered
and found not available in accordance with subsection D of § 62.1-44.15:35 of the Code
of Virginia.
6. A record of all exceptions granted shall be maintained by the County of Roanoke in
accordance with all applicable laws.
Section 8.1-7 STORMWATER PERMIT REQUIREMENT; EXEMPTIONS.
A. Except as provided herein, no person may engage in any land-disturbing activity until the
County of Roanoke has granted land disturbance approval in accordance with the
provisions of this ordinance and the Regulation.
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B. Notwithstanding any other provisions of this ordinance, the following activities are not
required to comply with the requirements of this ordinance unless otherwise required by
federal law:
1. Minor land-disturbing activities, including home gardens and individual home
landscaping, repairs, and maintenance work;
2. Installation, maintenance, or repair of any individual service connection;
3. Installation, maintenance, or repair of any underground utility line when such activity
occurs on an existing hard surfaced road, street, or sidewalk, provided the land-
disturbing activity is confined to the area of the road, street, or sidewalk that is hard
surfaced;
4. Installation, maintenance, or repair of any septic tank line or drainage field 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 45.2 of the Code of Virginia;
6. Clearing of lands specifically for bona fide agricultural purposes; the management,
tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock
feedlot operations; agricultural engineering operations, including 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; or as additionally set forth by the Board in regulations. 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 (§ 10.1-1100 et seq. of the Code of Virginia) or is converted to bona fide
agricultural or improved pasture use as described in subsection B of § 10.1-1163 of the
Code of Virginia;
7. Installation of fence and signposts or telephone and electric poles and other kinds of
posts or poles;
8. Shoreline erosion control projects on tidal waters when all of the land-disturbing
activities are within the regulatory authority of and approved by local wetlands boards,
the Virginia Marine Resources Commission, or the United States Army Corps of
Engineers; however, any associated land that is disturbed outside of this exempted area
shall remain subject to the VESMA and the regulations adopted pursuant thereto;
9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and
other related structures and facilities of a railroad company;
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10. Land-disturbing activities in response to a public emergency where the related work
requires immediate authorization to avoid imminent endangerment to human health or
the environment. In such situations, the person conducting the land-disturbing activity
shall advise the County of Roanoke of the disturbance within seven days of
commencing the land-disturbing activity and shall comply with the administrative
requirements of subsection A within 30 days of commencing the land-disturbing
activity; and
11. Discharges to a sanitary sewer or a combined sewer system that are not from a land-
disturbing activity.
C. Notwithstanding this ordinance and in accordance with the Virginia Erosion and
Stormwater Management Act, Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title
62.1 of the Code of Virginia, the following activities are required to comply with the soil
erosion control requirements but are not required to comply with the water quantity and
water quality technical criteria, unless otherwise required by federal law:
1. Activities under a state or federal reclamation program to return an abandoned property
to an agricultural or open land use;
2. Routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original construction of the project. The paving of an existing
road with a compacted or impervious surface and reestablishment of existing associated
ditches and shoulders shall be deemed routine maintenance if performed in accordance
with this subsection; and
3. Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer
system.
Section 8.1-8 STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF
PLANS.
A. A stormwater pollution prevention plan shall include, but not be limited to, an approved
erosion and sediment control plan, an approved stormwater management plan, a pollution
prevention plan for regulated land-disturbing activities, and a description of any additional
control measures necessary to address a TMDL pursuant to subsection D of this section.
B. A soil erosion control and stormwater management (ESM) plan consistent with the
requirements of the Virginia Erosion and Stormwater Management Act (VESMA) and
regulations must be designed and submitted to and approved by the County of Roanoke
prior to land disturbance in accordance with the VESMA, this ordinance, and attendant
regulations. This plan shall be implemented during construction as approved or modified
by the County of Roanoke.
C. A stormwater pollution prevention plan that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges from the
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construction site and describe control measures that will be used to minimize pollutants in
stormwater discharges from the construction site must be developed before land
disturbance commences.
D. In addition to the other requirements of this section, if a specific wasteload allocation for
a pollutant has been established in an approved TMDL and is assigned to stormwater
discharges from a construction activity, additional control measures must be identified and
implemented by the operator so that discharges are consistent with the assumptions and
requirements of the wasteload allocation.
E. The stormwater pollution prevention plan (SWPPP) must address the following
requirements as specified in 40 CFR 450.21, to the extent otherwise required by state law
or regulations and any applicable requirements of a state permit:
1. Control stormwater volume and velocity within the site to minimize soil erosion;
2. Control stormwater discharges, including both peak flow rates and total stormwater
volume, to minimize erosion at outlets and to minimize downstream channel and stream
bank erosion;
3. Minimize the amount of soil exposed during construction activity;
4. Minimize the disturbance of steep slopes;
5. Minimize sediment discharges from the site. The design, installation, and maintenance
of erosion and sediment controls must address factors such as the amount, frequency,
intensity and duration of precipitation, the nature of resulting stormwater runoff, and
soil characteristics, including the range of soil particle sizes expected to be present on
the site;
6. Provide and maintain natural buffers around surface waters, direct stormwater to
vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible;
7. Minimize soil compaction and, unless infeasible, preserve topsoil;
8. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever
any clearing, grading, excavating, or other earth disturbing activities have permanently
ceased on any portion of the site, or temporarily ceased on any portion of the site and
will not resume for a period exceeding 14 calendar days. Stabilization must be
completed within a time frame determined by the VESMP authority. In arid, semiarid,
and drought-stricken areas where initiating vegetative stabilization measures
immediately is infeasible, alternative stabilization measures must be employed as
specified by the County of Roanoke; and
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9. Utilize outlet structures that withdraw water from the surface, unless infeasible, when
discharging from basins and impoundments.
F. The SWPPP shall be amended whenever there is a change in design, construction,
operation, or maintenance that has a significant effect on the discharge of pollutants to state
waters and that has not been previously addressed in the SWPPP. The SWPPP must be
maintained at a central location onsite. If an onsite location is unavailable, notice of the
SWPPP’s location must be posted near the main entrance at the construction site.
Section 8.1-9 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.
A. A stormwater management plan shall be developed and submitted to the County of
Roanoke. The stormwater management plan shall be implemented as approved or modified
by the County of Roanoke and shall be developed in accordance with the following:
1. A stormwater management plan for a land-disturbing activity shall apply the
stormwater management technical criteria set forth in this ordinance and Article 4
(9VAC25-875-670 et seq) of Part V of the Regulation to the entire land-disturbing
activity. Individual lots in new residential, commercial, or industrial developments,
including those developed under subsequent owners, shall not be considered separate
land-disturbing activities.
2. A stormwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff.
B. A complete stormwater management plan shall include the following elements:
1. Information on the type of and location of stormwater discharges, information on the
features to which stormwater is being discharged including surface waters or karst
features, if present, and predevelopment and post-development drainage areas;
2. Contact information including the name, address, telephone number, and email address
of the owner and the tax reference number and parcel number of the property or
properties affected;
3. A narrative that includes a description of current site conditions and final site conditions
or if allowed by the VESMP authority, the information provided and documented
during the review process that addresses the current and final site conditions;
4. A general description of the proposed stormwater management facilities and the
mechanism through which the facilities will be operated and maintained after
construction is complete;
5. Information on the proposed stormwater management facilities, including (i) detailed
narrative on the conversion to a long-term stormwater management facility if the
facility was used as a temporary ESC measure; (ii) the type of facilities; (iii) location,
22
including geographic coordinates; (iv) acres treated; and (v) the surface waters or karst
features into which the facility will discharge;
6. Hydrologic and hydraulic computations, including runoff characteristics;
7. Documentation and calculations verifying compliance with the water quality and
quantity requirements of these regulations;
8. A map of the site that depicts the topography of the site and includes:
a. All contributing drainage areas;
b. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and
floodplains;
c. Soil types, geologic formations if karst features are present in the area, forest cover,
and other vegetative areas;
d. Current land use including existing structures, roads, and locations of known
utilities and easements;
e. Sufficient information on adjoining parcels to assess the impacts of stormwater
from the site on these parcels and to assess the impacts of stormwater from the
adjoining parcels on the site;
f. The limits of clearing and grading, and the proposed drainage patterns on the site;
g. Proposed buildings, roads, parking areas, utilities, and stormwater management
facilities; and
h. Proposed land use with tabulation of the percentage of surface area to be adapted
to various uses, including planned locations of utilities, roads, and easements;
9. If an operator intends to meet the requirements established in 9VAC25-875-580 or
9VAC25-875-600 using off-site compliance options, where applicable, then a letter of
availability from the off-site provider must be included; and
10. If the County of Roanoke requires payment of a fee with the stormwater management
plan submission, the fee and the required fee form in accordance with Section 5-8 of
this ordinance must have been submitted.
C. All final plan elements, specifications, or calculations of the stormwater management plans
whose preparation requires a license under Chapter 4 (§ 54.1-400 et seq.) or Chapter 22 (§
54.1- 2200 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately signed and
sealed by a professional who is licensed to engage in practice in the Commonwealth of
23
Virginia. Nothing in this subsection shall authorize any person to engage in practice outside
his area of professional competence.
Section 8.1-10 POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
A. A plan for implementing pollution prevention measures during construction activities shall
be developed, implemented, and updated as necessary. The pollution prevention plan shall
detail the design, installation, implementation, and maintenance of effective pollution
prevention measures as specified in 40 CFR 450.21(c) to address dewatering requirements
and in 40 CFR 450.21(d) to minimize the discharge of pollutants. At a minimum, such
measures must be designed, installed, implemented, and maintained to:
1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash
water, and other wash waters. Wash waters must be treated in a sediment basin or
alternative control that provides equivalent or better treatment prior to discharge;
2. Minimize the exposure of building materials, building products, construction wastes,
trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste,
and other materials present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement chemical
spill and leak prevention and response procedures.
B. The pollution prevention plan shall include effective best management practices to prohibit
the following discharges in accordance with 40 CFR 450.21(e):
1. Wastewater from washout of concrete, unless managed by an appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
C. The pollution prevention plan shall include appropriate controls for the discharge from
dewatering activities, including discharges from dewatering trenches in accordance with
40 CFR 450.21(c).
Section 8.1-11 EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLANS
A. An erosion and sediment control plan, which is a component of the ESM plan, shall be
filed for a development and the buildings constructed within, regardless of the phasing of
construction. The erosion and sediment control plan shall contain all major conservation
decisions to ensure that the entire unit or units of land will be so treated to achieve the
erosion and sediment control criteria, techniques, and methods (i.e., the minimum
24
standards) in 9VAC25-875-560. The erosion and sediment control plan may include:
1. Appropriate maps;
2. An appropriate soil and water plan inventory and management information with needed
interpretations; and
3. A record of decisions contributing to conservation treatment.
B. The person responsible for carrying out the plan shall provide the name of an individual
holding a Responsible Land Disturber (RLD) certificate who will oversee and be
responsible for carrying out the land-disturbing activity to the County of Roanoke.
C. 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 owners.
Section 8.1-12 TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING
ACTIVITIES.
A. To protect the quality and quantity of state waters from the potential harm of unmanaged
stormwater runoff resulting from land-disturbing activities, the County of Roanoke hereby
adopts the technical criteria for regulated land-disturbing activities set forth in Part V of
9VAC25-875 expressly to include 9VAC25-875-580 (water quality design criteria
requirements); 9VAC25-875-590 (water quality compliance); 9VAC25-875-600 (water
quantity); 9VAC25-875-610 (offsite compliance options); 9VAC25-875-620 (design
storms and hydrologic methods); 9VAC25-875-630 (stormwater harvesting); 9VAC25-
875-640 (linear development projects); 9VAC25-875-650 (stormwater management
impoundment structures or facilities), the Virginia Stormwater Management Handbook, as
amended, and those more stringent local criteria which the County 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,” which shall apply to all land-disturbing activities regulated pursuant to this
ordinance, except as expressly set forth in Subsection B of this Section.
B. Steep Slopes; Positive Drainage.
1. All development that requires an erosion and sediment control plan or an Agreement
in Lieu of a Plan shall address the following requirements:
a. If the grade of a site is more than thirty-three and one-third (33.3) percent, comply
with the International Building Code, Chapter 18, as amended, for foundation
clearances from slopes.
b. Cut slopes or fill slopes shall not be greater than 2:1 (horizontal: vertical), unless a
geotechnical report is provided for the proposed slopes.
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c. 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.
d. 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), an as-built plan 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 County of Roanoke.
e. Fill materials, compaction methods, and density specifications shall be indicated on
the plan. Fill areas intended to support structures shall also be indicated on the plan.
2. Any plan for a new subdivision shall show proposed lot grades to ensure positive
drainage away from all permanent structures.
C. 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 25 feet on
each side of any perennial stream or contiguous wetlands, measured horizontally from
the edge of the contiguous wetlands or from the ordinary high-water mark if no
wetlands exist.
3. The stream buffer on previously developed land shall either meet the requirements of
(ii) above or extend from the side of any perennial stream or contiguous wetlands,
measured horizontally from the edge of the contiguous wetlands or from 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 possible extent.
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:
1. 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 § 62.1-44.15:27 (Virginia Programs for Erosion Control and
26
Stormwater Management) or an erosion and sediment control plan approved by the
Board.
2. The construction, installation, and maintenance by public agencies of storm
drainage, water, and sewer lines.
3. The construction and installation of water and sewer lines constructed by private
interests for dedication to public agencies, if all 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.
ii. No more land shall be disturbed than is necessary to construct, install and
maintain the water or sewer lines.
iii. All construction and installation of the water or sewer lines shall comply with
all applicable federal, state, 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:
1. 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.
2. Water-dependent facilities, water wells, passive recreation access, such as
pedestrian trails and multi-use paths, historic preservation, and archaeological
activities provided that all applicable federal, state, and local permits are obtained.
3. Storm drainage facilities necessary to drain to the stream, and stormwater
management best management practices, provided that the disturbance to the buffer
is minimized.
4. Roads, streets, and driveways if 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.
5. Selective removal of invasive plants and reestablishment of vegetative buffer using
native plants.
6. Stream drainage improvements that comply with all federal and state permitting
27
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 and 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 July 27, 2021, and any land disturbance with an erosion
and sediment control plan that was submitted to the County for review prior to July 27,
2021, are exempt from the requirements to protect and establish stream buffers.
D. Nothing in this section shall preclude an operator from constructing to a more stringent
standard at his/her discretion.
Section 8.1-13 SPECIAL PROVISIONS FOR LAND-DISTURBING ACTIVITIES THAT
DISTURB LESS THAN 10,000 SQUARE FEET.
A. Land-disturbing activity of less than 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 2,500 square feet.
B. Land-disturbing activities shall meet all the requirements of this chapter, except that the
technical provisions contained in 9VAC25-875-560 shall not apply to land disturbing
activities that meet the requirements of this section. These include:
1. The adequacy of downstream channels and pipes are not required to be analyzed and
verified.
2. No stormwater management measures to address any flow rate capacity or velocity
requirements for downstream natural or man-made channels shall be required.
C. An agreement in lieu of a plan may, at the discretion of the County of Roanoke, be
substituted for an erosion and sediment control plan if executed by the County of Roanoke.
All the requirements of section 5.1 shall apply. This provision expands the use of an
agreement in lieu of a plan to all land-disturbing activities that disturb less than ten
thousand 10,000 square feet. Additional requirements include:
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 building
permit plot plan requirements.
2. Where the land-disturbing activity from the construction of a single-family residence
results in 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 building permit plot plan
requirements, prepared by a responsible land disturber, Virginia professional engineer,
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land surveyor, landscape architect, architect, or professional soil scientist. A
responsible land disturber must also be provided and identified.
3. The County of Roanoke 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 opinion, it is necessary to properly protect
downstream properties or the environment.
Section 8.1-14 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER
FACILITIES.
A. The operator shall submit a construction record drawing for permanent stormwater
management facilities to the County of Roanoke in accordance with 9VAC25-875-535.
The record drawing shall contain a statement signed by a professional registered in the
Commonwealth of Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia,
stating that to the best of their knowledge, the construction record drawing shows all
adjustments and revisions to the Stormwater Management Plan made during construction,
and it shall serve as a permanent record of the actual location of all constructed elements.
B. The operator shall submit a “Stormwater Facility Maintenance Agreement” that provides
for the long-term responsibility and maintenance of stormwater management facilities and
other techniques specified to manage the quality and quantity of runoff. Such
requirements shall be set forth in an instrument recorded in the local land records prior
to general permit termination or earlier as required by the County of Roanoke and shall at
a minimum:
1. Be submitted to the County of Roanoke for review and approval prior to the approval
of the stormwater management plan;
2. Be stated to run with the land;
3. Provide for all necessary access to the property for purposes of maintenance and
regulatory inspections;
4. Provide for inspections and maintenance and the submission of inspection and
maintenance reports to the County of Roanoke and
5. Be enforceable by all appropriate governmental parties.
C. At the discretion of the County of Roanoke such recorded instruments need not be required
for stormwater management facilities designed to treat stormwater runoff primarily from
an individual residential lot on which they are located, provided it is demonstrated to
the satisfaction of the County of Roanoke that future maintenance for those facilities will
be addressed through an enforceable mechanism at the discretion of the County of
Roanoke.
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Section 8.1-15 MONITORING AND INSPECTIONS.
A. The land-disturbing activity is subject to monitoring and inspections by the County of
Roanoke. These inspections will be used to determine if there is:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to
address a TMDL.
B. The land-disturbing activity is subject to periodic and documented inspections by the
County of Roanoke in accordance with its Department-approved alternative inspection
program.
C. Permanent stormwater management facilities are subject to periodic and documented
inspections by the County of Roanoke to determine if such facilities are adequately
maintained and functioning, as designed.
D. The County of Roanoke may utilize the inspection reports of the owner of a stormwater
management facility as part of an inspection program established in subsection B of this
section if the inspection is conducted by a person who is licensed as a professional engineer,
architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1; a person who works under the direction and oversight of the
licensed professional engineer, architect, landscape architect, or land surveyor; or a person
who holds an appropriate certificate of competence from the Department.
E. Stormwater management facilities designed to treat stormwater runoff primarily from an
individual residential lot on which they are located and for which a recorded instrument is
not required pursuant to 9VAC25-875-130, may be subject to periodic inspections by the
County of Roanoke, or the County of Roanoke may conduct homeowner outreach and
education or employ other methods targeted at promoting the long-term maintenance of
such facilities.
Section 8.1-16 HEARINGS.
A. Any applicant or operator, or person subject to the requirements of this ordinance,
aggrieved by any action of the County of Roanoke taken without a formal hearing, or by
inaction of the County of Roanoke, may demand in writing a formal hearing by the County
Administrator or his or her designee, provided a petition requesting such hearing is filed
with the Administrator within 30 days after notice of such action is given by the
Administrator.
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B. The hearings held under this Section shall be conducted by the County Administrator or
his or her designee on behalf of the County of Roanoke Board of Supervisors at any time
and place authorized by the County Administrator or his or her designee, and such hearings
shall be held in a manner consistent with local hearing procedures. In the event the County
Administrator does not designate another individual to be the Administrator of this
Ordinance, then the County Administrator shall designate someone other than the County
Administrator to conduct the hearings held under this Section.
C. A verbatim record of the proceedings of such hearings shall be taken and filed with the
Clerk to the County of Roanoke Board of Supervisors. Depositions may be taken and read
as in actions at law.
D. The County Administrator or his or her designee shall have power to issue subpoenas and
subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The
failure of a witness without legal excuse to appear or to testify or to produce documents
shall be acted upon by the County Administrator or his or her designee, whose action 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.
E. During the review, the County Administrator or his or her designee shall consider evidence
presented by all parties. After considering the evidence, the County Administrator’s (or his
or her designee’s) decision shall be final.
Section 8.1-17 APPEALS.
Final decisions of the County Administrator or his or her designee, under this chapter, shall be
conducted in accordance with local appeal procedures and shall be subject to judicial review by
the Roanoke 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.
Section 8.1-18 RIGHT OF ENTRY.
A. Pursuant to all applicable law, the County of Roanoke or any duly authorized agent thereof,
bearing proper credentials and identification, may, at reasonable times and under
reasonable circumstances, enter any establishment or upon any property, public or private,
which has a permit or a maintenance agreement, for the purpose of obtaining information
or conducting surveys or investigations necessary in the enforcement of the provisions of
this ordinance.
B. If the Administrator has cause to believe an activity regulated under this ordinance is
occurring without a permit, or if the person in charge of the property refuses to allow the
Administrator to enter in accordance with subsection (A), then the Administrator may
present sworn testimony to a magistrate or court of competent jurisdiction and request the
issuance of an inspection warrant to enter the property for the purpose of making such
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inspection and investigation. The Administrator shall make a reasonable effort to obtain
consent from the owner or person in charge of the property prior to seeking the issuance of
an inspection warrant under this section.
C. Pursuant to all applicable law, and in accordance with a performance bond with surety,
cash escrow, letter of credit, any combination thereof, or such other legal arrangement, the
County of Roanoke or any duly authorized agent thereof, bearing proper credentials and
identification, may, at reasonable times and under reasonable circumstances, also enter any
establishment or upon any property, public or private, for the purpose of initiating or
maintaining appropriate actions that are required by conditions imposed by the County of
Roanoke on a land-disturbing activity when an owner, after proper notice, has failed to
take acceptable action within the time specified.
Section 8.1-19 ENFORCEMENT.
A. If the Administrator determines that there is a failure to comply with the land disturbance
approval or determines there is an unauthorized discharge, notice shall be served upon the
operator or person responsible for carrying out the conditions of the land disturbance
approval by any of the following: verbal warnings and inspection reports, notices of
corrective action, consent special orders, and notices to comply. Written notices shall be
served by registered or certified mail to the address specified in the application or by
delivery at the site of the development activities to the agent or employee supervising such
activities.
1. The notice shall specify the measures needed to comply with the conditions of the land
disturbance approval and shall specify the time within which such measures shall be
completed. Upon failure to comply within the time specified, a stop work order may be
issued in accordance with Subsection 2 or the permit may be revoked by the
Administrator.
2. If an operator or person responsible for carrying out the conditions of the land-
disturbance approval fails to comply with a notice issued in accordance with this
Section within the time specified, the Administrator may issue a stop work order
requiring the owner, operator, person responsible for carrying out an approved plan, or
the person conducting the land-disturbing activities without an approved plan or
required land disturbance approval to cease all land-disturbing activities until the
violation has ceased, or an approved plan and required land-disturbance approval are
obtained, and specified corrective measures have been completed.
Such orders shall be issued in accordance with the County of Roanoke’s enforcement
procedures and this ordinance. Such orders shall become effective upon service on the
person by certified mail, return receipt requested, sent to his/her address specified in
the land records of the locality, or by personal delivery by an agent of the
Administrator. However, if the Administrator finds that any such violation is grossly
affecting or presents an imminent and substantial danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the Commonwealth or
otherwise substantially impacting water quality, the Administrator may issue, without
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advance notice or hearing, an emergency order directing such person to cease
immediately all land-disturbing activities on the site and shall provide an opportunity
for a hearing, after reasonable notice as to the time and place thereof, to such person,
to affirm, modify, amend, or cancel such emergency order. If a person who has been
issued an order is not complying with the terms thereof, the Administrator may institute
a proceeding for an injunction, mandamus, or other appropriate remedy in accordance
with Subsection 5.7.C.
B. In addition to any other remedy provided by this Ordinance, if the Administrator or his
designee determines that there is a failure to comply with the provisions of this Ordinance,
they may initiate such informal and/or formal administrative enforcement procedures in a
manner that is consistent with the County of Roanoke’s enforcement procedures and this
ordinance.
C. Any person violating or failing, neglecting, or refusing to obey any rule, regulation,
ordinance, order, approved standard or specification, or any condition of the land-
disturbance approval by the Administrator may be compelled in a proceeding instituted in
the Circuit Court of Roanoke County by the County of Roanoke to obey same and to
comply therewith by injunction, mandamus, or other appropriate remedy.
Section 8.1-20 PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS.
A. A civil penalty may be imposed and a summons issued for violations that include but are
not limited to the following, in accordance with § 62.1-44.15:63:
1. Commencement of land disturbing activity without Construction General Permit
coverage from Department (i.e., no permit registration statement submitted) ($1,000
per day);
2. Commencement of land disturbing activity without preparation of a SWPPP ($500 per
day);
3. Commencement of land disturbing activity with an incomplete SWPPP, or failure to
properly amend a SWPPP to reflect changes in design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to surface waters
and has not been previously addressed in the SWPPP ($300 per day);
4. State permit registration statement not posted or SWPPP not available for review ($300
per day);
5. Failure to comply with SWPPP requirements ($300 per day);
6. Commencement of land-disturbing activity without an approved erosion and sediment
control plan or land-disturbance approval pursuant to Section 3.2 ($1,000 per day);
7. Failure to install stormwater BMPs or erosion and sediment controls ($300 per day);
33
8. Failure to comply with the minimum standards in 9VAC25-875-560 ($300 per day);
9. Improperly installed or improperly maintained stormwater BMPs or erosion and
sediment controls ($300 per day);
10. Operational deficiencies ($300 per day);
11. Failure to conduct and document required inspections ($300 per day);
12. Incomplete, improper, or missed inspections, including lack of proper signature ($300
per day);
13. Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the
Construction General Permit ($300 per day);
14. Failure to obey a Stop Work Order ($1,000 per day); and
15. Failure to stop work when permit is revoked ($1,000 per day).
B. 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 Administrator may issue a summons for collection of the civil penalty and the action
may be prosecuted in the appropriate court.
1. The Administrator, or his or her assignee, 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 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 Roanoke County Sheriff’s Office
may also deliver the summons. The summons shall contain the following information:
i. The name and address of the person charged.
ii. The nature of the violation and chapter provision(s) being violated.
iii. The location, date, and time that the violation occurred, or was observed.
iv. The amount of the civil penalty assessed for the violation.
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v. The manner, location, and time that the civil penalty may be paid to the
Counnjointy.
vi. The right of the recipient of the summons to elect to stand trial for the
infraction.
2. 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 County Treasurer's Office 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.
3. If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the County shall cause the sheriff of the County to serve the summons on the
person charged in the manner prescribed by law. The violation shall be tried in General
District 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 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.
4. 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.
5. 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.
6. Within the period prescribed in (c), above, the owner or permittee, may contest the
violation by presenting it to Administrator, who shall certify the contest in writing, on
an appropriate form, to the General District Court.
7. 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.
D. The County of Roanoke or the owner of property which has sustained damage, or which is
in imminent danger of being damaged, may apply to the Roanoke 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.
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,
35
mandamus or other remedy obtained pursuant to this section shall be subject, in the
discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for
each violation. A civil action for such violation or failure may be brought by the County of
Roanoke. Any civil penalties assessed by a court shall be paid into the treasury of the
County of Roanoke, 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 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. In addition to the penalties provided under this chapter, any person who violates any
provision of this chapter may be liable to the County of Roanoke in a civil action for
damages.
H. In imposing a civil penalty pursuant to this Subsection, the court may consider the degree
of harm caused by the violation and the economic benefit to the violator from
noncompliance.
I. Any civil penalties assessed by a court because of a summons issued by the County of
Roanoke shall be paid into the treasury of the County of Roanoke to be used for the purpose
of minimizing, preventing, managing, or mitigating pollution of the waters of the locality
and abating environmental pollution therein in such manner as the court may, by order,
direct.
J. Notwithstanding any other civil or equitable remedy provided by this ordinance or by law,
any person who willfully or negligently violates any provision of this ordinance, any order
of the Administrator, any condition of the land-disturbance approval, or any order of a
court shall be guilty of a misdemeanor punishable by confinement in jail for not more than
12 months or a fine of not less than $2,500 nor more than $32,500, or both.
Section 8.1-21 FEES.
A. Fees to cover costs associated with implementation of a VESMP related to land disturbing
activities and issuance of general permit coverage and VESMP authority permits shall
be imposed in accordance with Table 1. [NOTE: Such fee attributes include the costs
associated with plan review, VESMP registration statement review, permit issuance,
state-coverage verification, inspections, reporting, and compliance activities
associated with land-disturbing activities as well as state program oversight costs.]
When a site or sites has/have been purchased for development within a previously
permitted common plan of development or sale, the applicant shall be subject to fees
(“total fee to be paid by applicant” column) in accordance with the disturbed acreage of
their site or sites according to Table 1.
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Table 1: Fees for permit issuance
Fee type
Total fee
to be paid by
applicant
(includes both
the County of
Roanoke and
Department
portions, where
applicable)
Department
portion of
“total fee
to be paid by
Land-Disturbing Activity (not subject to General
Permit coverage; sites within designated areas of
Chesapeake Bay Act localities with land-
disturbance acreage equal to or greater than 2,500
square feet and less than 1 acre)
$290
$0
General/Stormwater Management
Construction Activity/Land Clearing (Areas within
common plans of development or sale with land
$290
$81
General /Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 1
$2,700
$756
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 5
$3,400
$952
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 10
$4,500
$1,260
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 50
$6,100
$1,708
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General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than
$9,600
$2,688
* If the project is completely administered by the Department, such as may be the case for
a state or federal project or projects covered by individual permits, then the entire applicant fee
shall be paid to the Department.
B. Fees for the modification or transfer of registration statements from the general permit issued
by the department shall be imposed in accordance with Table 2. If the general permit
modifications result in changes to stormwater management plans that require additional
review by [Locality], such reviews shall be subject to the fees set out in Table 2. The fee
assessed shall be based on the total disturbed acreage of the site. In addition to the general
permit modification fee, modifications resulting in an increase in total disturbed acreage shall
pay the difference in the initial permit fee paid and the permit fee that would have applied
for the total disturbed acreage in Table 1.
Table 2: Fees for the modification or transfer of registration statements for the General
Permit for Discharges of Stormwater from Construction Activities
Type of Permit Fee Amount
General/Stormwater Management -
Clearing (Areas within common plans of development or sale with land
$20
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 and less than 5
$200
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and less
$250
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and less
$300
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and less
$450
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
$700
C. The following annual permit maintenance shall be imposed in accordance with Table 3,
38
including fees imposed on expired permits that have been administratively continued. With
respect to the general permit, these fees shall apply until the permit coverage is terminated.
[NOTE: Fees specified in this Subsection go to the County of Roanoke.]
Table 3: Permit Maintenance Fees
Land-Disturbing Activity (not
subject to General Permit coverage; sites within designated areas of
Chesapeake Bay Act localities with land-disturbance acreage equal to or
$50
General/Stormwater Management -
Clearing (Areas within common plans of development or sale with land
$50
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance equal to or greater than 1 acre and less than 5
$400
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and less
$500
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and less
$650
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and less
$900
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
$1,400
General permit coverage maintenance fees shall be paid annually to the County of Roanoke
by the anniversary date of general permit coverage. No permit will be reissued or
automatically continued without payment of the required fee. General permit coverage
maintenance fees shall be applied until a Notice of Termination is effective.
D. The fees set forth in Subsections A through C of this section, shall apply to:
1. All persons seeking coverage under the general permit.
2. All permittees who request modifications to or transfers of their existing registration
statement for coverage under a general permit.
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3. Persons whose coverage under the general permit has been revoked shall apply to the
Department for an Individual Permit for Discharges of Stormwater from Construction
Activities.
E. Permit and permit coverage maintenance fees outlined under Section 5.8 may apply to each
general permit holder.
F. No general permit application fees will be assessed to:
1. Permittees who request minor modifications to general permits as defined in Section
1.2 of this ordinance. Permit modifications at the request of the permittee resulting in
changes to stormwater management plans that require additional review by the County
of Roanoke shall not be exempt pursuant to this Section.
2. Permittees whose general permits are modified or amended at the initiative of the
Department, excluding errors in the registration statement identified by the County of
Roanoke or errors related to the acreage of the site.
G. All incomplete payments will be deemed as non-payments, and the applicant shall be notified
of any incomplete payments. Interest may be charged for late payments at the underpayment
rate set forth in § 58.1-15 of the Code of Virginia and is calculated monthly at the applicable
periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past
due) account. The County of Roanoke shall be entitled to all remedies available under the
Code of Virginia in collecting any past due amount.
Section 8.1-22 PERFORMANCE BOND.
A. Prior to issuance of any permit, the applicant shall be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof,
or such other legal arrangement acceptable to the County of Roanoke Attorney, to ensure
that measures could be taken by the County of Roanoke at the applicant’s expense
should he/she fail, after proper notice, within the time specified to initiate or maintain
appropriate actions which may be required of him/her by the permit conditions as a result
of his/her land disturbing activity. If the County of Roanoke takes such action upon such
failure by the applicant, the County of Roanoke may collect from the applicant for the
difference should the amount of the reasonable cost of such action exceed the amount of
the security held, if any. Within 60 days of the completion of the requirements of the
permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or
the unexpended or unobligated portion thereof, shall be refunded to the applicant or
terminated.
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CHAPTER 23 – REPEALED IN ENTIRETY AND RESERVED
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 9, 2024
ORDINANCE AMENDING CHAPTER 8.1 OF THE ROANOKE COUNTY
CODE AND REPEALING CHAPTER 23 OF THE ROANOKE COUNTY
CODE IN ORDER TO CREATE A CONSOLIDATED EROSION AND
STORMWATER MANAGEMENT PROGRAM ORDINANCE
WHEREAS, on June 22, 2023 the State Water Control Board approved and
adopted the Virginia Erosion and Stormwater Management (VESM) Regulation (9VAC25-
875) and approved the repeal of the Erosion and Sediment Control Regulations (9VAC25-
840), the Erosion and Sediment Control and Stormwater Management Certification
Regulations (9VAC25-850), and the Virginia Stormwater Management Program
Regulation (9VAC25-870) effective July 1, 2024; and
WHEREAS, on July 1, 2024, Chapters 68 and 758 of the 2016 Acts of Assembly
(referred to as the “Consolidation Bill”) become effective which combines the stormwater
management and erosion and sediment control requirements under the Virginia Erosion
and Stormwater Management Act (VESMA); and
WHEREAS, with the Consolidation Bill and VESM Regulation becoming effective
on July 1, 2024, local ordinances for the administration of a Virginia Erosion and Sediment
Control Program (VESCP) or Virginia Stormwater Management Program (VSMP) will
need to be updated to reflect both the new law and regulations; and
WHEREAS, because Roanoke County administers a VESCP and a VSMP, the
Roanoke County Code needs to be updated to reflect the new law and regulations; and
WHEREAS, it is proposed that the Roanoke County Code be amended to
consolidate erosion and stormwater management control provisions (the new
consolidated ordinance to become Chapter 8.1 of the Roanoke County Code); and
WHEREAS, the first reading of this ordinance was held on June 11, 2024, and the
second reading and public hearing of this ordinance was held on July 9, 2024.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 8.1 of the Roanoke County Code shall be amended and stated as
follows:
CHAPTER 8.1 - EROSION AND STORMWATER MANAGEMENT PROGRAM
Pursuant to § 62.1-44.15:27 of the Code of Virginia, this ordinance is adopted as part of an
initiative to integrate the County of Roanoke stormwater management requirements with the
County of Roanoke erosion and sediment control requirements into a consolidated erosion and
stormwater management program. The erosion and stormwater management program is intended
to facilitate the submission and approval of plans, issuance of permits, payment of fees, and
coordination of inspection and enforcement activities for land-disturbing activities into a more
convenient and efficient manner for both the County of Roanoke and those responsible for
compliance with these programs.
Section 8.1-1 TITLE, PURPOSE, AND AUTHORITY.
A. This ordinance shall be known as the “Erosion and Stormwater Management Ordinance of
the County of Roanoke.”
B. The purpose of this ordinance is to ensure the general health, safety, and welfare of the
citizens of the County of Roanoke to protect the quality and quantity of state waters from the
potential harm of unmanaged stormwater and soil erosion, including protection from a land
disturbing activity causing unreasonable degradation of properties, water quality, stream
channels, steep slopes, and other natural resources, and to establish procedures whereby
stormwater requirements related to water quality and quantity shall be administered and enforced.
C. This ordinance is authorized by § 62.1-44.15:27 of the Code of Virginia.
D. 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.
Section 8.1-2 DEFINITIONS.
The following words and terms, when used in this ordinance, shall have the following
meanings, unless the context clearly indicates otherwise.
“Adequate channel” means a channel that will convey the designated frequency storm event
without overtopping the channel bank nor causing erosive damage to the channel bed or banks.
“Agreement in lieu of a plan” means a contract between the County of Roanoke and the owner
or permittee that specifies methods that shall be implemented to comply with the requirements of
the VESMA and this ordinance for the construction of a (i) single-family detached residential
structure or (ii) farm building or structure on a parcel of land with a total impervious cover
percentage, including the impervious cover from the farm building or structure to be constructed,
of less than five percent, or (iii) other regulated land disturbing activities that disturb less than
10,000 square feet; such contract may be executed by the County of Roanoke in lieu of a soil
erosion control and stormwater management plan.
“Administrator” means the County of Roanoke’s County Administrator or his or her designee
who shall administer the Virginia Erosion and Stormwater Management Program established by
this Ordinance.
“Applicant” means any person submitting a soil erosion control and stormwater management
plan to a VESMP authority for approval to obtain authorization to commence a land-disturbing
activity.
“Best management practice” or “BMP” means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices, including both structural and
nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater
systems.
1. “Nonproprietary best management practice” means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems
that are in the public domain and are not protected by trademark, patent, or copyright.
2. “Proprietary best management practice” means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems
that are privately owned and controlled and may be protected by trademark, patent, or
copyright.
“Board” means the State Water Control Board.
“Causeway” means a temporary structural span constructed across a flowing watercourse or
wetland to allow construction traffic to access the area without causing erosion damage.
“Channel” means a natural stream or manmade waterway.
“Clean Water Act” or “CWA” means the federal Clean Water Act (33 USC § 1251 et seq.),
formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-
576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
“Cofferdam” means a watertight temporary structure in a river, lake, etc., for keeping the water
from an enclosed area that has been pumped dry so that bridge foundations, dams, etc., may be
constructed.
“Common plan of development or sale” means a contiguous area where separate and distinct
construction activities may be taking place at different times on different schedules.
“Comprehensive stormwater management plan” means a plan, which may be integrated with
other land use plans or regulations that specifies how the stormwater quality components, quantity
components, or both are to be managed based on an entire watershed or a portion thereof. The plan
may also provide for the remediation of erosion, flooding, and water quality and quantity problems
caused by prior development.
“Construction activity” means any clearing, grading, or excavation associated with large
construction activity or associated with small construction activity.
“Control measure” means any BMP, stormwater facility, or other method used to minimize
the discharge of pollutants to state waters.
“CWA and regulations” mean the Clean Water Act and applicable regulations published in
the Code of Federal Regulations promulgated thereunder. For the purposes of this ordinance, it
includes state program requirements.
“Dam” means a barrier to confine or raise water for storage or diversion, to create a hydraulic
head, to prevent gully erosion, or to retain soil, rock, or other debris.
“Denuded” means land that has been physically disturbed and no longer supports vegetative
cover.
“Department” or “DEQ” means the Virginia Department of Environmental Quality.
“Development” means land disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreational, transportation-
related, or utility facilities or structures or the clearing of land for non-agricultural or non-
silvicultural purposes. The regulation of discharges from development, for purposes of stormwater
management, does not include the exclusions found in 9VAC25-875-860.
“Dike” [or “levee”] means an earthen embankment constructed to confine or control water,
especially one built along the banks of a river to prevent overflow of lowlands.
“Discharge” when used without qualification, means the discharge of a pollutant.
“Discharge of a pollutant” means:
1. Any addition of any pollutant or combination of pollutants to state waters from any
point source; or
2. Any addition of any pollutant or combination of pollutants to the waters of the
contiguous zone or the ocean from any point source other than a vessel or other floating
craft which is being used as a means of transportation.
This definition includes addition of pollutants into surface waters from: surface runoff that
is collected or channeled by man; discharges through pipes, sewers, or other conveyances
owned by a state, municipality, or other person that do not lead to a treatment works; and
discharges through pipes, sewers, or other conveyances, leading into privately owned
treatment works. This term does not include an addition of pollutants by any indirect
discharger.
“District” or “soil and water conservation district” means a political subdivision of the
Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of
Chapter 5 of Title 10.1 of the Code of Virginia.
“Diversion” means a channel with a supporting ridge on the lower side constructed across or
at the bottom of a slope for the purpose of intercepting surface runoff.
“Dormant” means denuded land that is not actively being brought to a desired grade or
condition.
“Drainage area” means a land area, water area, or both from which runoff flows to a common
point.
“Energy dissipator” means a non-erodible structure which reduces the velocity of
concentrated flow to reduce its erosive effects.
“Environmental Protection Agency” or “EPA” means the United States Environmental
Protection Agency.
“Erosion and sediment control 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 to ensure that the entire unit or units of land will be
so treated to achieve the conservation objectives.
“Erosion impact area” means an area of land that is not associated with a current land-
disturbing activity but is 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 10,000 square feet or less used for residential purposes or to shorelines where the erosion
results from wave action or other coastal processes.
“ESC” means erosion and sediment control.
“ESM plan” means a soil erosion control and stormwater management plan, commonly
referred to as the erosion control and stormwater management plan.
“Farm building or structure” means the same as defined in § 36-97 of the Code of Virginia
and includes any building or structure used for an agritourism activity, as defined in § 3.2-6400 of
the Code of Virginia, and any related impervious services including roads, driveways, and parking
areas.
“Flood fringe” means the portion of the floodplain outside the floodway that is usually covered
with water from the 100-year flood or storm event. This includes the flood or floodway fringe
designated by the Federal Emergency Management Agency.
“Flooding” means a volume of water that is too great to be confined within the banks or walls
of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby
causing or threatening damage.
“Floodplain” means the area adjacent to a channel, river, stream, or other water body that is
susceptible to being inundated by water normally associated with the 100-year flood or storm
event. This includes the floodplain designated by the Federal Emergency Management Agency.
“Flood-prone area” means the component of a natural or restored stormwater conveyance
system that is outside the main channel. Flood-prone areas may include the floodplain, the
floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas,
usually associated with flowing water, that must be reserved to discharge the 100-year flood or
storm event without cumulatively increasing the water surface elevation more than one foot. This
includes the floodway designated by the Federal Emergency Management Agency.
“Flume” means a constructed device lined with erosion-resistant materials intended to convey
water on steep grades.
“General permit” means a permit authorizing a category of discharges under the CWA and
the VESMA within a geographical area.
“Hydrologic Unit Code” or “HUC” means a watershed unit established in the most recent
version of Virginia's 6th Order National Watershed Boundary Dataset unless specifically identified
as another order.
“Impervious cover” means a surface composed of material that significantly impedes or
prevents natural infiltration of water into soil.
“Incorporated place” means a city, town, township, or village that is incorporated under the
Code of Virginia.
“Inspection” means an on-site review of the project’s compliance with any applicable design
criteria, or an on-site review to obtain information or conduct surveys or investigations necessary
in the implementation or enforcement of the VESMA and applicable regulations.
“Karst area” means any land area predominantly underlain at the surface or shallow
subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface
karst features.
“Karst features” means sinkholes, sinking and losing streams, caves, large flow springs, and
other such landscape features found in karst areas.
“Land disturbance” or “land-disturbing activity” means a manmade change to the land
surface that may result in soil erosion or has the potential to change its runoff characteristics,
including construction activity such as the clearing, grading, excavating, or filling of land.
“Land-disturbance approval” means an approval allowing a land-disturbing activity to
commence as issued by the VESMP authority after the requirements of § 62.1-44.15:34 of the
Code of Virginia have been met.
“Large construction activity” means construction activity including clearing, grading, and
excavating, except operations that result in the disturbance of less than five acres of total land area.
Large construction activity also includes the disturbance of less than five acres of total land area
that is a part of a larger common plan of development or sale if the larger common plan will
ultimately disturb five acres or more. Large construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, or
original purpose of the facility.
“Linear development project” means a land-disturbing activity that is linear in nature such as,
but not limited to, (i) the construction of electric and telephone utility lines, and natural gas
pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other
related structures of a railroad company; (iii) highway construction projects; (iv) construction of
stormwater channels and stream restoration activities; and (v) water and sewer lines. Private
subdivision roads or streets shall not be considered linear development projects.
“Live watercourse” means a definite channel with bed and banks within which concentrated
water continuously flows.
“Locality” means the County of Roanoke.
“Localized flooding” means smaller scale flooding that may occur outside of a stormwater
conveyance system. This may include high water, ponding, or standing water from stormwater
runoff, which is likely to cause property damage or unsafe conditions.
“Main channel” means the portion of the stormwater conveyance system that contains the base
flow and small frequent storm events.
“Manmade” means constructed by man.
“Minimize” means to reduce or eliminate the discharge of pollutants to the extent achievable
using stormwater controls that are technologically available and economically practicable.
“Minor modification” means modifications and amendments not requiring extensive review
and evaluation including changes in EPA promulgated test protocols, increasing monitoring
frequency requirements, changes in sampling locations, and changes to compliance dates within
the overall compliance schedules. A minor permit modification or amendment does not
substantially alter permit conditions, substantially increase or decrease the amount of surface water
impacts, increase the size of the operation, or reduce the capacity of the facility to protect human
health or the environment.
“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 bank-full storm event within its
banks and allows larger flows to access its bank-full bench and its floodplain.
“Natural stream” means a tidal or nontidal watercourse that is part of the natural topography.
It usually maintains a continuous or seasonal flow during the year and is characterized as being
irregular in cross-section with a meandering course. Constructed channels such as drainage ditches
or swales shall not be considered natural streams; however, channels designed utilizing natural
channel design concepts may be considered natural streams.
“Non-erodible” means a material that will not experience surface wear due to natural forces,
such as riprap, concrete, plastic, etc.
“Nonpoint source pollution” means pollution such as sediment, nitrogen, phosphorous,
hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed
from the land surface in a diffuse manner by stormwater.
“Operator” means the owner or operator of any facility or activity subject to the VESMA and
this ordinance. In the context of stormwater associated with a large or small construction activity,
operator means any person associated with a construction project that meets either of the following
two criteria: (i) the person has direct operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications or (ii) the person has
day-to-day operational control of those activities at a project that are necessary to ensure
compliance with a stormwater pollution prevention plan for the site or other permit or VESMP
authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities
required by the stormwater pollution prevention plan or comply with other permit conditions).
“Owner” means the same as defined in § 62.1-44.3 of the Code of Virginia. For a regulated
land-disturbing activity that does not require a permit, “owner” also means the owner or owners
of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a
property.
“Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a
particular location.
“Percent impervious” means the impervious area within the site divided by the area of the site
multiplied by 100.
“Permit” or “Construction General Permit (CGP)” means the General VPDES Permit for
Discharges of Stormwater from Construction Activities found at 9VAC25-880-70. Coverage
under this permit is issued by the Department pursuant to § 62.1-44.15 of the Code of Virginia for
stormwater discharges from a land-disturbing activity.
“Permittee” means the person to whom the permit is issued.
“Person” means any applicant, owner, 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 Commonwealth, governmental
body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
“Point of discharge” means a location at which concentrated stormwater runoff is released.
“Point source” means any discernible, confined, and discrete conveyance including any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other floating craft from which
pollutants are or may be discharged. This term does not include return flows from irrigated
agriculture or agricultural stormwater runoff.
“Pollutant discharge” means the average amount of a particular pollutant measured in pounds
per year or another standard reportable unit as appropriate, delivered by stormwater runoff.
“Pollution” means such alteration of the physical, chemical, or biological properties of any
state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental
or injurious to the public health, safety, or welfare, or to the health of animals, fish, or aquatic life;
(b) unsuitable with reasonable treatment for use as present or possible future sources of public
water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other
reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of
state waters, or a discharge or deposit of sewage, industrial wastes, or other wastes to state waters
by any owner which by itself is not sufficient to cause pollution, but which, in combination with
such alteration of, or discharge or deposit to state waters by other owners, is sufficient to cause
pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii)
contributing to the contravention of standards of water quality duly established by the State Water
Control Board, are “pollution” for the terms and purposes of this ordinance.
“Post-development” refers to conditions that reasonably may be expected or anticipated to
exist after completion of the land development activity on a specific site or tract of land.
“Predevelopment” refers to the conditions that exist at the time that plans for the land-
disturbing activity are submitted to the VESMP authority. Where phased development or plan
approval occurs (preliminary grading, demolition of existing structures, roads, and utilities, etc.),
the existing conditions at the time prior to the commencement of land-disturbing activity shall
establish predevelopment conditions.
“Prior developed land” means land that has been previously utilized for residential,
commercial, industrial, institutional, recreational, transportation-related, or utility facilities or
structures, and that will have the impervious areas associated with those uses altered during a land-
disturbing activity.
“Qualified personnel” means a person knowledgeable in the principles and practices of
erosion and sediment control and stormwater management who possesses the skills to assess
conditions at the construction site for the operator that could impact stormwater quality and
quantity and to assess the effectiveness of any erosion and sediment control measures or
stormwater management facilities selected to control the quality and quantity of stormwater
discharges from the construction activity.
“Responsible land disturber” or “RLD” means an individual holding a certificate issued by
the department who is responsible for carrying out the land-disturbing activity in accordance with
the approved erosion and sediment control plan or ESM 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 erosion and sediment control
plan, ESM plan, or permit as defined in this ordinance as a prerequisite for engaging in land
disturbance.
“Runoff” or “stormwater runoff” means that portion of precipitation that is discharged across
the land surface or through conveyances to one or more waterways.
“Runoff characteristics” includes maximum velocity, peak flow rate, volume, and flow
duration.
“Runoff volume” means the volume of water that runs off the land development project from
a prescribed storm event.
“Sediment basin” means a temporary impoundment built to retain stormwater, sediment, and
debris with a controlled stormwater release structure.
“Sediment trap” means a temporary impoundment built to retain stormwater, sediment, and
debris which is formed by constructing an earthen embankment with a stone outlet.
“Sheet flow” (also called “overland flow”) means shallow, unconcentrated, and irregular flow
down a slope. Overland flow usually does not exceed 200 feet under natural conditions.
“Shoreline erosion control project” means an erosion control project approved by local
wetlands boards, the Virginia Marine Resources Commission, the Department, or the United States
Army Corps of Engineers and located on tidal waters and within non-vegetated or vegetated
wetlands as defined in Title 28.2 of the Code of Virginia.
“Site” means the land or water area where any facility or land-disturbing activity is physically
located or conducted, including adjacent land used or preserved in connection with the facility or
land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be
considered part of a site.
“Site hydrology” means the movement of water on, across, through, and off the site as
determined by parameters including soil types, soil permeability, vegetative cover, seasonal water
tables, slopes, land cover, and impervious cover.
“Slope drain” means a pipe, tube, or conduit made of nonerosive material extending from the
top to the bottom of a cut or fill slope with an energy dissipator at the outlet end for the purpose of
carrying stormwater down the slope in a non-erosive manner.
“Small construction activity” means:
1. Construction activities including clearing, grading, and excavating that result in land
disturbance that is equal to or greater than one acre and less than five acres. Small
construction activity also includes the disturbance of less than one acre of total land
area that is part of a larger common plan of development or sale if the larger common
plan will ultimately disturb equal to or greater than one and less than five acres. Small
construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of the
facility. The department may waive the otherwise applicable requirements in a general
permit for a stormwater discharge from construction activities that disturb less than five
acres where stormwater controls are not needed based on an approved “total maximum
daily load” (TMDL) that addresses the pollutants of concern or, for nonimpaired waters
that do not require TMDLs, an equivalent analysis that determines allocations for small
construction sites for the pollutants of concern or that determines that such allocations
are not needed to protect water quality based on consideration of existing in-stream
concentrations, expected growth in pollutant contributions from all sources, and a
margin of safety. The pollutants of concern include sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity, or siltation) and any other
pollutant that has been identified as a cause of impairment of any water body that will
receive a discharge from the construction activity. The operator shall certify to the
Department that the construction activity will take place, and stormwater discharges
will occur, within the drainage area addressed by the TMDL or provide an equivalent
analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications
submitted in support of the waiver shall be submitted electronically by the owner or
operator to the Department in compliance with this subdivision and 40 CFR Part 3
(including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-940, and Part XI
(9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System
(VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing
requirements for electronic reporting. Prior to this date, and independent of Part XI of
9VAC25-31, permittees may be required to report electronically if specified by a
particular permit.
2. Any other construction activity designated by either the Department or the EPA
regional administrator, based on the potential for contribution to a violation of a water
quality standard or for significant contribution of pollutants to surface waters.
“Soil erosion” means the movement of soil by wind or water into state waters or onto lands in
the Commonwealth.
“Soil erosion control and stormwater management plan,” commonly referred to as the erosion
control and stormwater management plan, or “ESM plan” means a document describing methods
for controlling soil erosion and managing stormwater in accordance with the requirements adopted
pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control
plan and the stormwater management plan as each is described in this ordinance.
“Stabilized” means land that has been treated or protected to withstand normal exposure to
natural forces without incurring erosion damage.
“State” means the Commonwealth of Virginia.
“State application” or “application” means the standard form or forms, including any
additions, revisions, or modifications to the forms, approved by the Administrator and the
Department for applying for a permit.
“State Water Control Law” means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code
of Virginia.
“State waters” means all water, on the surface and under the ground, wholly or partially within
or bordering the Commonwealth or within its jurisdiction, including wetlands.
“Steep slope” means a slope greater than 3:1, or thirty-three and one-third (33.3) percent.
“Storm sewer inlet” or “storm drainage inlet” means a structure through which stormwater is
introduced into an underground conveyance system.
“Stormwater,” for the purposes of the VESMA, means precipitation that is discharged across
the land surface or through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
“Stormwater conveyance system” means a combination of drainage components that are used
to convey stormwater discharge, either within or downstream of the land-disturbing activity. This
includes:
1. “Manmade stormwater conveyance system” means a pipe, ditch, vegetated swale, or
other stormwater conveyance system constructed by man except for restored
stormwater conveyance systems;
2. “Natural stormwater conveyance system” means the main channel of a natural stream
and the flood-prone area adjacent to the main channel; or
3. “Restored stormwater conveyance system” means a stormwater conveyance system
that has been designed and constructed using natural channel design concepts. Restored
stormwater conveyance systems include the main channel and the flood-prone area
adjacent to the main channel.
“Stormwater detention” means the process of temporarily impounding runoff and discharging
it through a hydraulic outlet structure to a downstream conveyance system.
“Stormwater management facility” means a control measure that controls stormwater runoff
and changes the characteristics of that runoff including the quantity and quality, the period of
release, or the velocity of flow.
“Stormwater management plan” means a document containing material describing methods
for complying with the requirements of the VESMP.
“Stormwater Pollution Prevention Plan” or “SWPPP” means a document that is prepared in
accordance with good engineering practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges. A SWPPP required
under the VESMP for construction activities shall identify and require the implementation of
control measures and shall include or incorporate by reference an approved erosion and sediment
control plan, an approved stormwater management plan, and a pollution prevention plan.
“Subdivision” means the same as defined in § 15.2-2201 of the Code of Virginia.
“Surface waters” means:
1. All waters that are currently used, were used in the past, or may be susceptible to use
in interstate or foreign commerce, including all waters that are subject to the ebb and
flow of the tide;
2. All interstate waters, including interstate wetlands;
3. All other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds for which the use, degradation, or destruction would affect or
could affect interstate or foreign commerce including any such waters:
a. That are or could be used by interstate or foreign travelers for recreational or other
purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
c. That are used or could be used for industrial purposes by industries in interstate
commerce;
4. All impoundments of waters otherwise defined as surface waters under this definition;
5. Tributaries of waters identified in subdivisions 1 through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified
in subdivisions 1 through 6 of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law, are not surface waters. Surface waters do not include
prior converted cropland. Notwithstanding the determination of an area’s status as prior
converted cropland by any other agency, for the purposes of the CWA, the final authority
regarding the CWA jurisdiction remains with the EPA.
“SWM” means stormwater management.
“Temporary vehicular stream crossing” means a temporary non-erodible structural span
installed across a flowing watercourse for use by construction traffic. Structures may include
bridges, round pipes, or pipe arches constructed on or through non-erodible material.
“Ten-year storm” means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in 10 years. It may also be expressed as an exceedance probability with a
10% chance of being equaled or exceeded in any given year.
“Total maximum daily load” or “TMDL” means the sum of the individual wasteload
allocations for point sources, load allocations (LAs) for nonpoint sources, natural background
loading, and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity,
or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-
offs.
“Town” means an incorporated town.
“Two-year storm” means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in two years. It may also be expressed as an exceedance probability with a
50% chance of being equaled or exceeded in any given year.
“Virginia Erosion and Stormwater Management Act” or “VESMA” means Article 2.3 (§ 62.1-
44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.
“Virginia Erosion and Stormwater Management Program” or “VESMP” means a program
established by the VESMP authority for the effective control of soil erosion and sediment
deposition and the management of the quality and quantity of runoff resulting from land-disturbing
activities to prevent the unreasonable degradation of properties, stream channels, waters, and other
natural resources. The program shall include such items as local ordinances, rules, requirements
for permits and land-disturbance approvals, policies and guidelines, technical materials, and
requirements for plan review, inspection, and enforcement consistent with the requirements of the
VESMA.
“Virginia Erosion and Stormwater Management Program Authority” or “VESMP Authority”
means the County of Roanoke as approved by the Department to operate the VESMP.
“Virginia Pollutant Discharge Elimination System (VPDES) permit” or “VPDES permit”
means a document issued by the department pursuant to the State Water Control Law authorizing,
under prescribed conditions, the potential or actual discharge of pollutants from a point source to
surface waters.
“Virginia Stormwater BMP Clearinghouse” means a website collection that contains detailed
design standards and specifications for control measures that may be used in Virginia to comply
with the requirements of the VESMA and associated regulations.
“Virginia Stormwater Management Handbook” means a book collection of pertinent
information that provides general guidance for compliance with the VESMA and associated
regulations and is developed by the Department with advice from a stakeholder advisory
committee.
“Wasteload allocation” or “wasteload” means the portion of a receiving surface water’s
loading or assimilative capacity allocated to one of its existing or future point sources of pollution.
Wasteload allocation is a type of water quality-based effluent limitation.
“Water quality technical criteria” means standards set forth in regulations adopted pursuant
to the VESMA that establish minimum design criteria for measures to control nonpoint source
pollution.
“Water quantity technical criteria” means standards set forth in regulations adopted pursuant
to the VESMA that establish minimum design criteria for measures to control localized flooding
and stream channel erosion.
“Watershed” means a defined land area drained by a river or stream, karst system, or system
of connecting rivers or streams such that all surface water within the area flows through a single
outlet. In karst areas, the karst feature to which water drains may be considered the single outlet
for the watershed.
“Wetlands” means those areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
Section 8.1-3 ADMINISTRATION OF CHAPTER IN CONJUNCTION WITH
SUBDIVISION AND ZONING ORDINANCES.
This chapter shall be administered, where applicable, in conjunction with the County’s subdivision
and zoning ordinances wherein such apply to the development and subdivision of land within the
County or where such apply to development on previously subdivided land within the County.
Section 8.1-4 VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM
ESTABLISHED.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Roanoke hereby establishes a
Virginia Erosion and Stormwater Management Program for land-disturbing activities and adopts
the Virginia Erosion and Stormwater Management Regulation that specifies standards and
specifications for VESMPs promulgated by the State Water Control Board for the purposes set
out in Section 1.1 of this Ordinance. The County of Roanoke hereby designates the County
Administrator or his or her designee as the Administrator of the Virginia Erosion and Stormwater
Management Program established by this Ordinance.
Section 8.1-5 REGULATED LAND DISTURBING ACTIVITIES.
A. Land-disturbing activities that meet one of the criteria below are regulated as follows:
1. Land-disturbing activity that disturbs 2,500 square feet or more, is less than one acre,
and is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and Article 3
(9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq) of Part
V of the Regulation is applicable, as determined in accordance with 9VAC25-875-480
and 9VAC25-875-490.
2. Land-disturbing activity that disturbs less than one acre, but is part of a larger common
plan of development or sale that disturbs one acre or more, is subject to criteria defined
in Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part
V unless Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation is applicable,
as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.
3. Land-disturbing activity that disturbs one acre or more is subject to criteria defined in
Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V
unless Article 4 (9VAC25-875-670 et seq.) of Part V is applicable, as determined in
accordance with 9VAC25-875-480 and 9VAC25-875-490.
B. Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply with the
requirements of the VESMA unless otherwise required by federal law.
Section 8.1-6 REVIEW AND APPROVAL OF PLANS; PROHIBITIONS.
A. A person who wishes to conduct a land-disturbing activity in the County of Roanoke shall
submit a soil erosion control and stormwater management plan (ESM) that is consistent
with the requirements of the Virginia Erosion and Stormwater Management Act (VESMA).
Activities not required to comply with the VESMA are defined in 9VAC25-875-90.
B. A person shall not conduct any land-disturbing activity in the County of Roanoke until:
1. Such person submits an application that includes a permit registration statement, if
required, a soil erosion control and stormwater management plan or an executed
agreement in lieu of a plan, if required, to the County of Roanoke;
2. Such person submits the name of the individual who will be assisting them in carrying
out the activity and this individual shall hold a Responsible Land Disturber certificate
pursuant to § 62.1-44.15:30 of the Code of Virginia. Failure to provide the name of an
individual holding a Responsible Land Disturber certificate prior to engaging in land-
disturbing activities may result in revocation of the land-disturbance approval and shall
subject the owner to the penalties provided by the VESMA; and
3. The County of Roanoke has issued its land-disturbance approval.
C. The County of Roanoke may require changes to an approved ESM plan in the following
cases:
1. Where inspection has revealed that the plan is inadequate to satisfy applicable
regulations or ordinances; or
2. Where the owner finds that because of changed circumstances or for other reasons the
plan cannot be effectively carried out, and proposed amendments to the plan, consistent
with the requirements of the Act, are agreed to by the VESMP authority and the owner.
D. To prevent further erosion, the County of Roanoke may require approval of an erosion and
sediment control plan and a stormwater management plan for any land it identifies as an
erosion impact area, pursuant to § 62.1-44.15:34 of the Code of Virginia.
E. As a part of the land-disturbance approval process, the County of Roanoke may require the
applicant to submit a reasonable performance bond with surety, cash escrow, letter of
credit, any combination thereof, or such other legal arrangement acceptable to the County
of Roanoke, to ensure that it can take measures at the applicant’s expense should he/she
fail, after proper notice, within the time specified to comply with the conditions it imposes
as a result of his/her land-disturbing activity. If the County of Roanoke takes such action
upon such failure by the applicant, it may collect from the applicant the difference should
the amount of the reasonable cost of such action exceed the amount of the security held. If
the applicant fulfills the VESMP authority’s conditions, the County of Roanoke will refund
to the applicant or terminate, as applicable, such bond, cash escrow, letter of credit, or other
legal arrangement, or the unexpended or unobligated portion thereof.
F. Exceptions
1. The applicant may request the County of Roanoke to grant an exception to waive or
modify any of the erosion and sediment control requirements of Article 2 (9VAC25-
875-540 et seq.) of Part V (9VAC25-875-470 et seq.) that are deemed inappropriate or
too restrictive for site conditions under these conditions:
a. At the time of plan submission, an applicant may request an exception to become
part of the approved erosion and sediment control plan. The applicant shall explain
the reasons for requesting exceptions in writing. Specific exceptions which are
allowed by the County of Roanoke shall be documented in the plan.
b. During construction, the person responsible for implementing the approved plan
may request an exception in writing from the County of Roanoke. If the County of
Roanoke does not approve an exception in writing within 10 days of receipt of the
request, the request shall be disapproved. Following disapproval, the applicant may
resubmit an exception request with additional documentation.
2. The applicant may request the County of Roanoke to grant an exception to the
provisions of Article 3 (9VAC25-875-570 et seq.) of Part V. An exception may be
granted by the County of Roanoke provided that (i) the exception is the minimum
necessary to afford relief, (ii) reasonable and appropriate conditions shall be imposed
as necessary upon any exception granted so that the intent of the VESMA is preserved,
(iii) granting the exception will not confer any special privileges that are denied in other
similar circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created.
3. Economic hardship alone is not a sufficient reason to grant an exceptionfrom the
requirements of this chapter.
4. Under no circumstance shall the applicant be granted an exception (i) to the
requirement that the land-disturbing activity obtain required permits, or (ii) for the use
of a BMP not found through the Virginia Stormwater BMP Clearinghouse, except as
allowed under Article 4 (9VAC25-875-670 et seq.) of Part V of this chapter.
5. No exception to or waiver of post-development nonpoint source nutrient runoff
compliance requirements shall be granted unless offsite options have been considered
and found not available in accordance with subsection D of § 62.1-44.15:35 of the Code
of Virginia.
6. A record of all exceptions granted shall be maintained by the County of Roanoke in
accordance with all applicable laws.
Section 8.1-7 STORMWATER PERMIT REQUIREMENT; EXEMPTIONS.
A. Except as provided herein, no person may engage in any land-disturbing activity until the County
of Roanoke has granted land disturbance approval in accordance with the provisions of this
ordinance and the Regulation.
B. Notwithstanding any other provisions of this ordinance, the following activities are not required
to comply with the requirements of this ordinance unless otherwise required by federal law:
1. Minor land-disturbing activities, including home gardens and individual home
landscaping, repairs, and maintenance work;
2. Installation, maintenance, or repair of any individual service connection;
3. Installation, maintenance, or repair of any underground utility line when such activity
occurs on an existing hard surfaced road, street, or sidewalk, provided the land-
disturbing activity is confined to the area of the road, street, or sidewalk that is hard
surfaced;
4. Installation, maintenance, or repair of any septic tank line or drainage field 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 45.2 of the Code of Virginia;
6. Clearing of lands specifically for bona fide agricultural purposes; the management,
tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock
feedlot operations; agricultural engineering operations, including 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; or as additionally set forth by the Board in regulations. 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 (§ 10.1-1100 et seq. of the Code of Virginia) or is converted to bona fide
agricultural or improved pasture use as described in subsection B of § 10.1-1163 of the
Code of Virginia;
7. Installation of fence and signposts or telephone and electric poles and other kinds of
posts or poles;
8. Shoreline erosion control projects on tidal waters when all of the land-disturbing
activities are within the regulatory authority of and approved by local wetlands boards,
the Virginia Marine Resources Commission, or the United States Army Corps of
Engineers; however, any associated land that is disturbed outside of this exempted area
shall remain subject to the VESMA and the regulations adopted pursuant thereto;
9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and
other related structures and facilities of a railroad company;
10. Land-disturbing activities in response to a public emergency where the related work
requires immediate authorization to avoid imminent endangerment to human health or
the environment. In such situations, the person conducting the land-disturbing activity
shall advise the County of Roanoke of the disturbance within seven days of
commencing the land-disturbing activity and shall comply with the administrative
requirements of subsection A within 30 days of commencing the land-disturbing
activity; and
11. Discharges to a sanitary sewer or a combined sewer system that are not from a land-
disturbing activity.
C. Notwithstanding this ordinance and in accordance with the Virginia Erosion and Stormwater
Management Act, Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of
Virginia, the following activities are required to comply with the soil erosion control requirements
but are not required to comply with the water quantity and water quality technical criteria, unless
otherwise required by federal law:
1. Activities under a state or federal reclamation program to return an abandoned property
to an agricultural or open land use;
2. Routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original construction of the project. The paving of an existing
road with a compacted or impervious surface and reestablishment of existing associated
ditches and shoulders shall be deemed routine maintenance if performed in accordance
with this subsection; and
3. Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer
system.
Section 8.1-8 STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF
PLANS.
A. A stormwater pollution prevention plan shall include, but not be limited to, an approved
erosion and sediment control plan, an approved stormwater management plan, a pollution
prevention plan for regulated land-disturbing activities, and a description of any additional
control measures necessary to address a TMDL pursuant to subsection D of this section.
B. A soil erosion control and stormwater management (ESM) plan consistent with the
requirements of the Virginia Erosion and Stormwater Management Act (VESMA) and
regulations must be designed and submitted to and approved by the County of Roanoke
prior to land disturbance in accordance with the VESMA, this ordinance, and attendant
regulations. This plan shall be implemented during construction as approved or modified
by the County of Roanoke.
C. A stormwater pollution prevention plan that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges from the
construction site and describe control measures that will be used to minimize pollutants in
stormwater discharges from the construction site must be developed before land
disturbance commences.
D. In addition to the other requirements of this section, if a specific wasteload allocation for
a pollutant has been established in an approved TMDL and is assigned to stormwater
discharges from a construction activity, additional control measures must be identified and
implemented by the operator so that discharges are consistent with the assumptions and
requirements of the wasteload allocation.
E. The stormwater pollution prevention plan (SWPPP) must address the following
requirements as specified in 40 CFR 450.21, to the extent otherwise required by state law
or regulations and any applicable requirements of a state permit:
1. Control stormwater volume and velocity within the site to minimize soil erosion;
2. Control stormwater discharges, including both peak flow rates and total stormwater
volume, to minimize erosion at outlets and to minimize downstream channel and stream
bank erosion;
3. Minimize the amount of soil exposed during construction activity;
4. Minimize the disturbance of steep slopes;
5. Minimize sediment discharges from the site. The design, installation, and maintenance
of erosion and sediment controls must address factors such as the amount, frequency,
intensity and duration of precipitation, the nature of resulting stormwater runoff, and
soil characteristics, including the range of soil particle sizes expected to be present on
the site;
6. Provide and maintain natural buffers around surface waters, direct stormwater to
vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible;
7. Minimize soil compaction and, unless infeasible, preserve topsoil;
8. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever
any clearing, grading, excavating, or other earth disturbing activities have permanently
ceased on any portion of the site, or temporarily ceased on any portion of the site and
will not resume for a period exceeding 14 calendar days. Stabilization must be
completed within a time frame determined by the VESMP authority. In arid, semiarid,
and drought-stricken areas where initiating vegetative stabilization measures
immediately is infeasible, alternative stabilization measures must be employed as
specified by the County of Roanoke; and
9. Utilize outlet structures that withdraw water from the surface, unless infeasible, when
discharging from basins and impoundments.
F. The SWPPP shall be amended whenever there is a change in design, construction,
operation, or maintenance that has a significant effect on the discharge of pollutants to state
waters and that has not been previously addressed in the SWPPP. The SWPPP must be
maintained at a central location onsite. If an onsite location is unavailable, notice of the
SWPPP’s location must be posted near the main entrance at the construction site.
Section 8.1-9 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.
A. A stormwater management plan shall be developed and submitted to the County of
Roanoke. The stormwater management plan shall be implemented as approved or modified
by the County of Roanoke and shall be developed in accordance with the following:
1. A stormwater management plan for a land-disturbing activity shall apply the
stormwater management technical criteria set forth in this ordinance and Article 4
(9VAC25-875-670 et seq) of Part V of the Regulation to the entire land-disturbing
activity. Individual lots in new residential, commercial, or industrial developments,
including those developed under subsequent owners, shall not be considered separate
land-disturbing activities.
2. A stormwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff.
B. A complete stormwater management plan shall include the following elements:
1. Information on the type of and location of stormwater discharges, information on the
features to which stormwater is being discharged including surface waters or karst
features, if present, and predevelopment and post-development drainage areas;
2. Contact information including the name, address, telephone number, and email address
of the owner and the tax reference number and parcel number of the property or
properties affected;
3. A narrative that includes a description of current site conditions and final site conditions
or if allowed by the VESMP authority, the information provided and documented
during the review process that addresses the current and final site conditions;
4. A general description of the proposed stormwater management facilities and the
mechanism through which the facilities will be operated and maintained after
construction is complete;
5. Information on the proposed stormwater management facilities, including (i) detailed
narrative on the conversion to a long-term stormwater management facility if the
facility was used as a temporary ESC measure; (ii) the type of facilities; (iii) location,
including geographic coordinates; (iv) acres treated; and (v) the surface waters or karst
features into which the facility will discharge;
6. Hydrologic and hydraulic computations, including runoff characteristics;
7. Documentation and calculations verifying compliance with the water quality and
quantity requirements of these regulations;
8. A map of the site that depicts the topography of the site and includes:
a. All contributing drainage areas;
b. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and
floodplains;
c. Soil types, geologic formations if karst features are present in the area, forest cover,
and other vegetative areas;
d. Current land use including existing structures, roads, and locations of known
utilities and easements;
e. Sufficient information on adjoining parcels to assess the impacts of stormwater
from the site on these parcels and to assess the impacts of stormwater from the
adjoining parcels on the site;
f. The limits of clearing and grading, and the proposed drainage patterns on the site;
g. Proposed buildings, roads, parking areas, utilities, and stormwater management
facilities; and
h. Proposed land use with tabulation of the percentage of surface area to be adapted
to various uses, including planned locations of utilities, roads, and easements;
9. If an operator intends to meet the requirements established in 9VAC25-875-580 or
9VAC25-875-600 using off-site compliance options, where applicable, then a letter of
availability from the off-site provider must be included; and
10. If the County of Roanoke requires payment of a fee with the stormwater management
plan submission, the fee and the required fee form in accordance with Section 5-8 of
this ordinance must have been submitted.
C. All final plan elements, specifications, or calculations of the stormwater management plans
whose preparation requires a license under Chapter 4 (§ 54.1-400 et seq.) or Chapter 22 (§
54.1- 2200 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately signed and
sealed by a professional who is licensed to engage in practice in the Commonwealth of
Virginia. Nothing in this subsection shall authorize any person to engage in practice outside
his area of professional competence.
Section 8.1-10 POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
A. A plan for implementing pollution prevention measures during construction activities shall
be developed, implemented, and updated as necessary. The pollution prevention plan shall
detail the design, installation, implementation, and maintenance of effective pollution
prevention measures as specified in 40 CFR 450.21(c) to address dewatering requirements
and in 40 CFR 450.21(d) to minimize the discharge of pollutants. At a minimum, such
measures must be designed, installed, implemented, and maintained to:
1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash
water, and other wash waters. Wash waters must be treated in a sediment basin or
alternative control that provides equivalent or better treatment prior to discharge;
2. Minimize the exposure of building materials, building products, construction wastes,
trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste,
and other materials present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement chemical
spill and leak prevention and response procedures.
B. The pollution prevention plan shall include effective best management practices to prohibit
the following discharges in accordance with 40 CFR 450.21(e):
1. Wastewater from washout of concrete, unless managed by an appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
C. The pollution prevention plan shall include appropriate controls for the discharge from
dewatering activities, including discharges from dewatering trenches in accordance with
40 CFR 450.21(c).
Section 8.1-11 EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLANS
A. An erosion and sediment control plan, which is a component of the ESM plan, shall be
filed for a development and the buildings constructed within, regardless of the phasing of
construction. The erosion and sediment control plan shall contain all major conservation
decisions to ensure that the entire unit or units of land will be so treated to achieve the
erosion and sediment control criteria, techniques, and methods (i.e., the minimum
standards) in 9VAC25-875-560. The erosion and sediment control plan may include:
1. Appropriate maps;
2. An appropriate soil and water plan inventory and management information with needed
interpretations; and
3. A record of decisions contributing to conservation treatment.
B. The person responsible for carrying out the plan shall provide the name of an individual
holding a Responsible Land Disturber (RLD) certificate who will oversee and be
responsible for carrying out the land-disturbing activity to the County of Roanoke.
C. 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 owners.
Section 8.1-12 TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING
ACTIVITIES.
A. To protect the quality and quantity of state waters from the potential harm of unmanaged
stormwater runoff resulting from land-disturbing activities, the County of Roanoke hereby
adopts the technical criteria for regulated land-disturbing activities set forth in Part V of
9VAC25-875 expressly to include 9VAC25-875-580 (water quality design criteria
requirements); 9VAC25-875-590 (water quality compliance); 9VAC25-875-600 (water
quantity); 9VAC25-875-610 (offsite compliance options); 9VAC25-875-620 (design
storms and hydrologic methods); 9VAC25-875-630 (stormwater harvesting); 9VAC25-
875-640 (linear development projects); 9VAC25-875-650 (stormwater management
impoundment structures or facilities), the Virginia Stormwater Management Handbook, as
amended, and those more stringent local criteria which the County 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,” which shall apply to all land-disturbing activities regulated pursuant to this
ordinance, except as expressly set forth in Subsection B of this Section.
B. Steep Slopes; Positive Drainage.
1. All development that requires an erosion and sediment control plan or an Agreement
in Lieu of a Plan shall address the following requirements:
a. If the grade of a site is more than thirty-three and one-third (33.3) percent, comply
with the International Building Code, Chapter 18, as amended, for foundation
clearances from slopes.
b. Cut slopes or fill slopes shall not be greater than 2:1 (horizontal: vertical), unless a
geotechnical report is provided for the proposed slopes.
c. 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.
d. 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), an as-built plan 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 County of Roanoke.
e. Fill materials, compaction methods, and density specifications shall be indicated on
the plan. Fill areas intended to support structures shall also be indicated on the plan.
2. Any plan for a new subdivision shall show proposed lot grades to ensure positive
drainage away from all permanent structures.
C. 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 25 feet on
each side of any perennial stream or contiguous wetlands, measured horizontally from
the edge of the contiguous wetlands or from the ordinary high-water mark if no
wetlands exist.
3. The stream buffer on previously developed land shall either meet the requirements of
(ii) above or extend from the side of any perennial stream or contiguous wetlands,
measured horizontally from the edge of the contiguous wetlands or from 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 possible extent.
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:
1. 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 § 62.1-44.15:27 (Virginia Programs for Erosion Control and
Stormwater Management) or an erosion and sediment control plan approved by the
Board.
2. The construction, installation, and maintenance by public agencies of storm
drainage, water, and sewer lines.
3. The construction and installation of water and sewer lines constructed by private
interests for dedication to public agencies, if all 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.
ii. No more land shall be disturbed than is necessary to construct, install and
maintain the water or sewer lines.
iii. All construction and installation of the water or sewer lines shall comply with
all applicable federal, state, 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:
1. 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.
2. Water-dependent facilities, water wells, passive recreation access, such as
pedestrian trails and multi-use paths, historic preservation, and archaeological
activities provided that all applicable federal, state, and local permits are obtained.
3. Storm drainage facilities necessary to drain to the stream, and stormwater
management best management practices, provided that the disturbance to the buffer
is minimized.
4. Roads, streets, and driveways if 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.
5. Selective removal of invasive plants and reestablishment of vegetative buffer using
native plants.
6. Stream drainage improvements that comply with all federal and state 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 and 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 July 27, 2021, and any land disturbance with an erosion
and sediment control plan that was submitted to the County for review prior to July 27,
2021, are exempt from the requirements to protect and establish stream buffers.
D. Nothing in this section shall preclude an operator from constructing to a more stringent
standard at his/her discretion.
Section 8.1-13 SPECIAL PROVISIONS FOR LAND-DISTURBING ACTIVITIES THAT
DISTURB LESS THAN 10,000 SQUARE FEET.
A. Land-disturbing activity of less than 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 2,500 square feet.
B. Land-disturbing activities shall meet all the requirements of this chapter, except that the
technical provisions contained in 9VAC25-875-560 shall not apply to land disturbing
activities that meet the requirements of this section. These include:
1. The adequacy of downstream channels and pipes are not required to be analyzed and
verified.
2. No stormwater management measures to address any flow rate capacity or velocity
requirements for downstream natural or man-made channels shall be required.
C. An agreement in lieu of a plan may, at the discretion of the County of Roanoke, be
substituted for an erosion and sediment control plan if executed by the County of Roanoke.
All the requirements of section 5.1 shall apply. This provision expands the use of an
agreement in lieu of a plan to all land-disturbing activities that disturb less than ten
thousand 10,000 square feet. Additional requirements include:
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 building
permit plot plan requirements.
2. Where the land-disturbing activity from the construction of a single-family residence
results in 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 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 of Roanoke 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 opinion, it is necessary to properly protect
downstream properties or the environment.
Section 8.1-14 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER
FACILITIES.
A. The operator shall submit a construction record drawing for permanent stormwater
management facilities to the County of Roanoke in accordance with 9VAC25-875-535.
The record drawing shall contain a statement signed by a professional registered in the
Commonwealth of Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia,
stating that to the best of their knowledge, the construction record drawing shows all
adjustments and revisions to the Stormwater Management Plan made during construction,
and it shall serve as a permanent record of the actual location of all constructed elements.
B. The operator shall submit a “Stormwater Facility Maintenance Agreement” that provides
for the long-term responsibility and maintenance of stormwater management facilities and
other techniques specified to manage the quality and quantity of runoff. Such
requirements shall be set forth in an instrument recorded in the local land records prior
to general permit termination or earlier as required by the County of Roanoke and shall at
a minimum:
1. Be submitted to the County of Roanoke for review and approval prior to the approval
of the stormwater management plan;
2. Be stated to run with the land;
3. Provide for all necessary access to the property for purposes of maintenance and
regulatory inspections;
4. Provide for inspections and maintenance and the submission of inspection and
maintenance reports to the County of Roanoke and
5. Be enforceable by all appropriate governmental parties.
C. At the discretion of the County of Roanoke such recorded instruments need not be required
for stormwater management facilities designed to treat stormwater runoff primarily from
an individual residential lot on which they are located, provided it is demonstrated to
the satisfaction of the County of Roanoke that future maintenance for those facilities will
be addressed through an enforceable mechanism at the discretion of the County of
Roanoke.
Section 8.1-15 MONITORING AND INSPECTIONS.
A. The land-disturbing activity is subject to monitoring and inspections by the County of
Roanoke. These inspections will be used to determine if there is:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to
address a TMDL.
B. The land-disturbing activity is subject to periodic and documented inspections by the
County of Roanoke in accordance with its Department-approved alternative inspection
program.
C. Permanent stormwater management facilities are subject to periodic and documented
inspections by the County of Roanoke to determine if such facilities are adequately
maintained and functioning, as designed.
D. The County of Roanoke may utilize the inspection reports of the owner of a stormwater
management facility as part of an inspection program established in subsection B of
this section if the inspection is conducted by a person who is licensed as a professional
engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-
400 et seq.) of Chapter 4 of Title 54.1; a person who works under the direction and
oversight of the licensed professional engineer, architect, landscape architect, or land
surveyor; or a person who holds an appropriate certificate of competence from the
Department.
E. Stormwater management facilities designed to treat stormwater runoff primarily from
an individual residential lot on which they are located and for which a recorded
instrument is not required pursuant to 9VAC25-875-130, may be subject to periodic
inspections by the County of Roanoke, or the County of Roanoke may conduct
homeowner outreach and education or employ other methods targeted at promoting the
long-term maintenance of such facilities.
Section 8.1-16 HEARINGS.
A. Any applicant or operator, or person subject to the requirements of this ordinance,
aggrieved by any action of the County of Roanoke taken without a formal hearing, or by
inaction of the County of Roanoke, may demand in writing a formal hearing by the County
Administrator or his or her designee, provided a petition requesting such hearing is filed
with the Administrator within 30 days after notice of such action is given by the
Administrator.
B. The hearings held under this Section shall be conducted by the County Administrator or
his or her designee on behalf of the County of Roanoke Board of Supervisors at any time
and place authorized by the County Administrator or his or her designee, and such hearings
shall be held in a manner consistent with local hearing procedures. In the event the County
Administrator does not designate another individual to be the Administrator of this
Ordinance, then the County Administrator shall designate someone other than the County
Administrator to conduct the hearings held under this Section.
C. A verbatim record of the proceedings of such hearings shall be taken and filed with the
Clerk to the County of Roanoke Board of Supervisors. Depositions may be taken and read
as in actions at law.
D. The County Administrator or his or her designee shall have power to issue subpoenas and
subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The
failure of a witness without legal excuse to appear or to testify or to produce documents
shall be acted upon by the County Administrator or his or her designee, whose action 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.
E. During the review, the County Administrator or his or her designee shall consider evidence
presented by all parties. After considering the evidence, the County Administrator’s (or his
or her designee’s) decision shall be final.
Section 8.1-17 APPEALS.
Final decisions of the County Administrator or his or her designee, under this chapter, shall be
conducted in accordance with local appeal procedures and shall be subject to judicial review by
the Roanoke 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.
Section 8.1-18 RIGHT OF ENTRY.
A. Pursuant to all applicable law, the County of Roanoke or any duly authorized agent thereof,
bearing proper credentials and identification, may, at reasonable times and under
reasonable circumstances, enter any establishment or upon any property, public or private,
which has a permit or a maintenance agreement, for the purpose of obtaining information
or conducting surveys or investigations necessary in the enforcement of the provisions of
this ordinance.
B. If the Administrator has cause to believe an activity regulated under this ordinance is
occurring without a permit, or if the person in charge of the property refuses to allow the
Administrator to enter in accordance with subsection (A), then the Administrator may
present sworn testimony to a magistrate or court of competent jurisdiction and request the
issuance of an inspection warrant to enter the property for the purpose of making such
inspection and investigation. The Administrator shall make a reasonable effort to obtain
consent from the owner or person in charge of the property prior to seeking the issuance of
an inspection warrant under this section.
C. Pursuant to all applicable law, and in accordance with a performance bond with surety,
cash escrow, letter of credit, any combination thereof, or such other legal arrangement, the
County of Roanoke or any duly authorized agent thereof, bearing proper credentials and
identification, may, at reasonable times and under reasonable circumstances, also enter any
establishment or upon any property, public or private, for the purpose of initiating or
maintaining appropriate actions that are required by conditions imposed by the County of
Roanoke on a land-disturbing activity when an owner, after proper notice, has failed to
take acceptable action within the time specified.
Section 8.1-19 ENFORCEMENT.
A. If the Administrator determines that there is a failure to comply with the land disturbance
approval or determines there is an unauthorized discharge, notice shall be served upon the
operator or person responsible for carrying out the conditions of the land disturbance
approval by any of the following: verbal warnings and inspection reports, notices of
corrective action, consent special orders, and notices to comply. Written notices shall be
served by registered or certified mail to the address specified in the application or by
delivery at the site of the development activities to the agent or employee supervising such
activities.
1. The notice shall specify the measures needed to comply with the conditions of the land
disturbance approval and shall specify the time within which such measures shall be
completed. Upon failure to comply within the time specified, a stop work order may be
issued in accordance with Subsection 2 or the permit may be revoked by the
Administrator.
2. If an operator or person responsible for carrying out the conditions of the land-
disturbance approval fails to comply with a notice issued in accordance with this
Section within the time specified, the Administrator may issue a stop work order
requiring the owner, operator, person responsible for carrying out an approved plan, or
the person conducting the land-disturbing activities without an approved plan or
required land disturbance approval to cease all land-disturbing activities until the
violation has ceased, or an approved plan and required land-disturbance approval are
obtained, and specified corrective measures have been completed.
Such orders shall be issued in accordance with the County of Roanoke’s enforcement
procedures and this ordinance. Such orders shall become effective upon service on the
person by certified mail, return receipt requested, sent to his/her address specified in
the land records of the locality, or by personal delivery by an agent of the
Administrator. However, if the Administrator finds that any such violation is grossly
affecting or presents an imminent and substantial danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the Commonwealth or
otherwise substantially impacting water quality, the Administrator may issue, without
advance notice or hearing, an emergency order directing such person to cease
immediately all land-disturbing activities on the site and shall provide an opportunity
for a hearing, after reasonable notice as to the time and place thereof, to such person,
to affirm, modify, amend, or cancel such emergency order. If a person who has been
issued an order is not complying with the terms thereof, the Administrator may institute
a proceeding for an injunction, mandamus, or other appropriate remedy in accordance
with Subsection 5.7.C.
B. In addition to any other remedy provided by this Ordinance, if the Administrator or his
designee determines that there is a failure to comply with the provisions of this Ordinance,
they may initiate such informal and/or formal administrative enforcement procedures in a
manner that is consistent with the County of Roanoke’s enforcement procedures and this
ordinance.
C. Any person violating or failing, neglecting, or refusing to obey any rule, regulation,
ordinance, order, approved standard or specification, or any condition of the land-
disturbance approval by the Administrator may be compelled in a proceeding instituted in
the Circuit Court of Roanoke County by the County of Roanoke to obey same and to
comply therewith by injunction, mandamus, or other appropriate remedy.
Section 8.1-20 PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS.
A. A civil penalty may be imposed and a summons issued for violations that include but are
not limited to the following, in accordance with § 62.1-44.15:63:
1. Commencement of land disturbing activity without Construction General Permit
coverage from Department (i.e., no permit registration statement submitted) ($1,000
per day);
2. Commencement of land disturbing activity without preparation of a SWPPP ($500 per
day);
3. Commencement of land disturbing activity with an incomplete SWPPP, or failure to
properly amend a SWPPP to reflect changes in design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to surface waters
and has not been previously addressed in the SWPPP ($300 per day);
4. State permit registration statement not posted or SWPPP not available for review ($300
per day);
5. Failure to comply with SWPPP requirements ($300 per day);
6. Commencement of land-disturbing activity without an approved erosion and sediment
control plan or land-disturbance approval pursuant to Section 3.2 ($1,000 per day);
7. Failure to install stormwater BMPs or erosion and sediment controls ($300 per day);
8. Failure to comply with the minimum standards in 9VAC25-875-560 ($300 per day);
9. Improperly installed or improperly maintained stormwater BMPs or erosion and
sediment controls ($300 per day);
10. Operational deficiencies ($300 per day);
11. Failure to conduct and document required inspections ($300 per day);
12. Incomplete, improper, or missed inspections, including lack of proper signature ($300
per day);
13. Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the
Construction General Permit ($300 per day);
14. Failure to obey a Stop Work Order ($1,000 per day); and
15. Failure to stop work when permit is revoked ($1,000 per day).
B. 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 Administrator may issue a summons for collection of the civil penalty and the action
may be prosecuted in the appropriate court.
1. The Administrator, or his or her assignee, 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 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 Roanoke County Sheriff’s Office
may also deliver the summons. The summons shall contain the following information:
i. The name and address of the person charged.
ii. The nature of the violation and chapter provision(s) being violated.
iii. The location, date, and time that the violation occurred, or was observed.
iv. The amount of the civil penalty assessed for the violation.
v. The manner, location, and time that the civil penalty may be paid to the
Counnjointy.
vi. The right of the recipient of the summons to elect to stand trial for the
infraction.
2. 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 County Treasurer's Office 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.
3. If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the County shall cause the sheriff of the County to serve the summons on the
person charged in the manner prescribed by law. The violation shall be tried in General
District 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 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.
4. 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.
5. 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.
6. Within the period prescribed in (c), above, the owner or permittee, may contest the
violation by presenting it to Administrator, who shall certify the contest in writing, on
an appropriate form, to the General District Court.
7. 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.
D. The County of Roanoke or the owner of property which has sustained damage, or which
is in imminent danger of being damaged, may apply to the Roanoke 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.
E. Civil penalty enumerated. Without limiting the remedies which may be obtained in this
section, any person violating or failing, neglecting, or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to this section shall be subject, in the
discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00)
for each violation. A civil action for such violation or failure may be brought by the
County of Roanoke. Any civil penalties assessed by a court shall be paid into the treasury
of the County of Roanoke, 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 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. In addition to the penalties provided under this chapter, any person who violates any
provision of this chapter may be liable to the County of Roanoke in a civil action for
damages.
H. In imposing a civil penalty pursuant to this Subsection, the court may consider the degree
of harm caused by the violation and the economic benefit to the violator from
noncompliance.
I. Any civil penalties assessed by a court because of a summons issued by the County of
Roanoke shall be paid into the treasury of the County of Roanoke to be used for the
purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the
locality and abating environmental pollution therein in such manner as the court may, by
order, direct.
J. Notwithstanding any other civil or equitable remedy provided by this ordinance or by law,
any person who willfully or negligently violates any provision of this ordinance, any order
of the Administrator, any condition of the land-disturbance approval, or any order of a
court shall be guilty of a misdemeanor punishable by confinement in jail for not more than
12 months or a fine of not less than $2,500 nor more than $32,500, or both.
Section 8.1-21 FEES.
A. Fees to cover costs associated with implementation of a VESMP related to land disturbing
activities and issuance of general permit coverage and VESMP authority permits shall
be imposed in accordance with Table 1. [NOTE: Such fee attributes include the costs
associated with plan review, VESMP registration statement review, permit issuance,
state-coverage verification, inspections, reporting, and compliance activities
associated with land-disturbing activities as well as state program oversight costs.]
When a site or sites has/have been purchased for development within a previously
permitted common plan of development or sale, the applicant shall be subject to fees
(“total fee to be paid by applicant” column) in accordance with the disturbed acreage of
their site or sites according to Table 1.
Table 1: Fees for permit issuance
Fee type
Total fee
to be paid by
applicant
(includes both
the County of
Roanoke and
Department
portions, where
applicable)
Department
portion of
“total fee
to be paid by
Land-Disturbing Activity (not subject to General
Permit coverage; sites within designated areas of
Chesapeake Bay Act localities with land-
disturbance acreage equal to or greater than 2,500
square feet and less than 1 acre)
$290
$0
General/Stormwater Management
Construction Activity/Land Clearing (Areas within
common plans of development or sale with land
$290
$81
General /Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 1
$2,700
$756
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 5
$3,400
$952
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 10
$4,500
$1,260
General/Stormwater Management -
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 50
$6,100
$1,708
General/Stormwater Management - Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than
$9,600
$2,688
* If the project is completely administered by the Department, such as may be the case for
a state or federal project or projects covered by individual permits, then the entire applicant fee
shall be paid to the Department.
B. Fees for the modification or transfer of registration statements from the general permit issued
by the department shall be imposed in accordance with Table 2. If the general permit
modifications result in changes to stormwater management plans that require additional
review by [Locality], such reviews shall be subject to the fees set out in Table 2. The fee
assessed shall be based on the total disturbed acreage of the site. In addition to the general
permit modification fee, modifications resulting in an increase in total disturbed acreage shall
pay the difference in the initial permit fee paid and the permit fee that would have applied
for the total disturbed acreage in Table 1.
Table 2: Fees for the modification or transfer of registration statements for the General
Permit for Discharges of Stormwater from Construction Activities
Type of Permit Fee Amount
General/Stormwater Management -
Clearing (Areas within common plans of development or sale with land
$20
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 and less than 5
$200
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and less
$250
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and less
$300
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and less
$450
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
$700
C. The following annual permit maintenance shall be imposed in accordance with Table 3,
including fees imposed on expired permits that have been administratively continued. With
respect to the general permit, these fees shall apply until the permit coverage is terminated.
[NOTE: Fees specified in this Subsection go to the County of Roanoke.]
Table 3: Permit Maintenance Fees
Land-Disturbing Activity (not
subject to General Permit coverage; sites within designated areas of
Chesapeake Bay Act localities with land-disturbance acreage equal to or
$50
General/Stormwater Management -
Clearing (Areas within common plans of development or sale with land
$50
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance equal to or greater than 1 acre and less than 5
$400
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and less
$500
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and less
$650
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and less
$900
General/Stormwater Management -
Clearing (Sites or areas within common plans of development or sale
$1,400
General permit coverage maintenance fees shall be paid annually to the County of Roanoke
by the anniversary date of general permit coverage. No permit will be reissued or
automatically continued without payment of the required fee. General permit coverage
maintenance fees shall be applied until a Notice of Termination is effective.
D. The fees set forth in Subsections A through C of this section, shall apply to:
1. All persons seeking coverage under the general permit.
2. All permittees who request modifications to or transfers of their existing registration
statement for coverage under a general permit.
3. Persons whose coverage under the general permit has been revoked shall apply to the
Department for an Individual Permit for Discharges of Stormwater from Construction
Activities.
E. Permit and permit coverage maintenance fees outlined under Section 5.8 may apply to each
general permit holder.
F. No general permit application fees will be assessed to:
1. Permittees who request minor modifications to general permits as defined in Section
1.2 of this ordinance. Permit modifications at the request of the permittee resulting in
changes to stormwater management plans that require additional review by the County
of Roanoke shall not be exempt pursuant to this Section.
2. Permittees whose general permits are modified or amended at the initiative of the
Department, excluding errors in the registration statement identified by the County of
Roanoke or errors related to the acreage of the site.
G. All incomplete payments will be deemed as non-payments, and the applicant shall be notified
of any incomplete payments. Interest may be charged for late payments at the underpayment
rate set forth in § 58.1-15 of the Code of Virginia and is calculated monthly at the applicable
periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past
due) account. The County of Roanoke shall be entitled to all remedies available under the
Code of Virginia in collecting any past due amount.
Section 8.1-22 PERFORMANCE BOND.
A. Prior to issuance of any permit, the applicant shall be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof,
or such other legal arrangement acceptable to the County of Roanoke Attorney, to ensure
that measures could be taken by the County of Roanoke at the applicant’s expense
should he/she fail, after proper notice, within the time specified to initiate or maintain
appropriate actions which may be required of him/her by the permit conditions as a result
of his/her land disturbing activity. If the County of Roanoke takes such action upon such
failure by the applicant, the County of Roanoke may collect from the applicant for the
difference should the amount of the reasonable cost of such action exceed the amount of
the security held, if any. Within 60 days of the completion of the requirements of the
permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or
the unexpended or unobligated portion thereof, shall be refunded to the applicant or
terminated.
CHAPTER 23 – REPEALED IN ENTIRETY AND RESERVED
2. That Chapter 23 of the Roanoke County Code shall be repealed in its entirety.
3. That this ordinance shall become effective immediately upon its adoption.
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 9, 2024
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM F - 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 July 9, 2024,
designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated Items 1 through 6 inclusive, as
follows:
1. Approval of minutes – June 25, 2024
2. Ordinance accepting funds in the amount of $328,811 from Virginia Department of
Criminal Justice Services and appropriating such funds for use by the Roanoke
County Police Department for school resource officers. (Second Reading)
3. Ordinance accepting funds in the amount of $322,675 from Virginia Department of
Criminal Justice Services and appropriating such funds for use by the Roanoke
County Police Department for school resource officers. (Second Reading)
4. Ordinance approving the payment of a bonus to the county administrator and the
county attorney. (Second Reading)
5. Resolution supporting participating in the Virginia Juvenile Community Crime Control
Act (VJCCCA) Grant Program of the Department of Juvenile Justice for the 2024 -
2025 and 2025-2026 fiscal years.
6. Request to accept and allocate funds of $55,110 from the Bureau of Justice
Assistance (BJA) Fiscal Year (FY) 2024 Edward Byrne Memorial Justice Assistance
Grant (JAG) along with a $18,370 local match from the fiscal year 2024-2025 Police
Department operating budget.
Page 1 of 9
A.OPENING CEREMONIES
1.Remote Participation Approval
It was confirmed that Supervisor Hooker’s request for remote participation was in
accordance with the Roanoke County Policy and her request for remote participation
was approved.
Ayes: Supervisors Radford, Mahoney, Shepherd, North
Nays: None
Abstain/No Vote: Supervisor Hooker
2.Roll Call
Present: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Absent: None
B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. BRIEFING
1.Briefing to update the Board on lot drainage. (Doug Blount, Assistant County
Administrator)
Briefing was given by Doug Blount.
D.NEW BUSINESS
Action No. 062524-1 Item D.1
1.Resolution approving the Roanoke County Public Schools (RCPS) budget for
fiscal year 2024-2025 upon certain terms and conditions. (Dr. Ken Nicely,
Superintendent RCPS and Kathie Rawlings, Associate Director)
Roanoke County
Board of Supervisors
Minutes
June 25, 2024
Page 2 of 9
Supervisor Radford moved to approve the resolution adopting the Roanoke County
Public Schools budget for the fiscal year 2024-2025 as proposed. Supervisor
Mahoney seconded the motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
Action No. 062524-2 Item D.2
2. Resolution approving the county’s participation in the proposed settlement of
opioid-related claims against Kroger and its related corporate entities, and
directing the county attorney and/or the county’s outside counsel to execute the
documents necessary to effectuate the county’s participation in the settlements.
(Peter S. Lubeck, County Attorney)
Supervisor Mahoney moved to adopt the resolution. Supervisor North seconded the
motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
E. FIRST READINGS OF ORDINANCES
Action No. 062524-3 Item E.1
1. Emergency Ordinance to appropriate funds for the Fiscal Year 2024-2025 for
Roanoke County Public Schools Categories. (Due to time constraints, it is
requested that the second reading be dispensed with upon an affirmative
vote of 4/5ths of the members of the Board, and that this matter be deemed
an emergency measure pursuant to Section 18.04 of the Roanoke County
Charter) (Laurie Gearheart, Director of Finance and Management Services)
Supervisor Radford moved to approve the ordinance as an emergency ordinance,
due to time constraints, and to dispense the second reading upon an affirmative vote
of 4/5ths of the members of the Board. Supervisor Mahoney seconded the motion.
Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
F. PUBLIC HEARINGS AND ADOPTION OF ORDINANCES
1. Ordinance amending Chapter 8.1 of the Roanoke County Code and repealing
Chapter 23 of the Roanoke County Code in order to create a Consolidated
Erosion and Stormwater Management Program Ordinance. (Tarek Moneir,
Director of Development Services) (Second Reading) This matter has been
POSTPONED UNTIL JULY 9, 2024
Page 3 of 9
Action No. 062524-4 Item F.2
2. The petition of Franco and Dawn DeBartolo to obtain a special use permit to
operate a short-term rental on approximately 2.99 acres of land zoned R-1, Low
Density Residential District, located at 3663 Chaparral Drive, Cave Spring
Magisterial District (Philip Thompson, Director of Planning) (Second Reading)
Supervisor Mahoney found that the proposed special use permit:
1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and
that the proposed special use conforms with the standards set forth in article
IV, use and design standards of the Roanoke County Zoning Ordinance;
2. Is in conformance with the Roanoke County Comprehensive Plan; and
3. Will have a minimum adverse impact on the surrounding neighborhood and
community.
Therefore, moved that the Board approve the petition to obtain a special use permit,
with the following seven (7) conditions:
1. The short-term rental shall be limited to the existing accessory structure
(approximately 890 square feet).
2. The number of overnight guests shall not exceed two (2) people.
3. One (1) off-street parking space shall be provided for each guestroom in
addition to parking spaces required for the principal dwelling. All parking shall
be provided on-site and shall be located in driveways and other designated
approved parking areas.
4. The property owner shall provide and maintain in good working order every
smoke detector, carbon monoxide detector, and fire extinguisher required by
law. Exits required by law shall not be obstructed.
5. The property must maintain a residential appearance. No signage shall be
allowed with the short-term rental use.
6. No events such as parties, banquets, weddings, receptions, meetings, or
similar events shall be allowed with the short-term rental use.
7. A business license shall be obtained from the Commissioner of Revenue for
the short-term rental use and transient occupancy taxes be paid.
Supervisor Radford seconded the motion. Motion Approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
Page 4 of 9
Action No. 062524-5 Item F.3
3. The petition of Evelyn Liu to obtain a special use permit to operate a short-term
rental on approximately 2.04 acres of land zoned R-1, Low Density Residential
District, located at 4058 Keagy Road, Windsor Hills Magisterial District (Philip
Thompson, Director of Planning) (Second Reading)
Supervisor Radford found that the proposed special use permit:
1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and
that the proposed special use conforms with the standards set forth in article
IV, use and design standards of the Roanoke County Zoning Ordinance;
2. Is in conformance with the Roanoke County Comprehensive Plan; and
3. Will have a minimum adverse impact on the surrounding neighborhood and
community.
Therefore, moved that the Board approve the petition to obtain a special use permit,
with the following seven (7) conditions:
1. The short-term rental shall be limited to the existing accessory structure
(approximately 1,095 square feet).
2. The number of overnight guests shall not exceed six (6) people.
3. One (1) off-street parking space shall be provided for each guestroom in
addition to parking spaces required for the principal dwelling. All parking shall
be provided on-site and shall be located in driveways and other designated
approved parking areas.
4. The property owner shall provide and maintain in good working order every
smoke detector, carbon monoxide detector, and fire extinguisher required by
law. Exits required by law shall not be obstructed.
5. The property must maintain a residential appearance. No signage shall be
allowed with the short-term rental use.
6. No events such as parties, banquets, weddings, receptions, meetings, or
similar events shall be allowed with the short-term rental use.
7. A business license shall be obtained from the Commissioner of Revenue for
the short-term rental use.
Supervisor Shepherd seconded the motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
G. CONSENT AGENDA
Action No. 062524-6.a-k Item G.1-11
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
Page 5 of 9
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
Action No. 062524-6.a Item G.1
1. Approval of minutes – June 11, 2024
Action No. 062524-6.b Item G.2
2. Ordinance accepting funds in the amount of $328,811 from Virginia Department
of Criminal Justice Services and appropriating such funds for use by the
Roanoke County Police Department for school resource officers. (First Reading
and Request for Second Reading)
Action No. 062524-6.c Item G.3
3. Ordinance accepting funds in the amount of $322,675 from Virginia Department
of Criminal Justice Services and appropriating such funds for use by the
Roanoke County Police Department for school resource officers. (First Reading
and Request for Second Reading)
Action No. 062524-6.d Item G.4
4. Request to accept and allocate funds in the amount of $4,000 from the Virginia
Department of Emergency Management for the Public Safety Answering Points
(PSAP) Educational Grant Program.
Action No. 062524-6.e Item G.5
5. The petition of Brad Prescott to obtain a special use permit to develop on a lot
without public road frontage and to obtain a special use permit for custom
manufacturing in a C-2, High Intensity Commercial District, on approximately
1.44 acres of land located in the 2900 block of Peters Creek Road, Catawba
Magisterial District. (First Reading and Request for Second Reading and Public
Hearing)
Action No. 062524-6.f Item G.6
6. The petition of Jonathan Kenneth Burns-Carrera to obtain a special use permit to
operate a short-term rental on approximately 1.42 acres of land zoned R-1, Low
Intensity Residential District, located at 5909 Old Mountain Road, Hollins
Magisterial District. (First Reading and Request for Second Reading and Public
Hearing)
Page 6 of 9
Action No. 062524-6.g Item G.7
7. The petition of Trail Development Group, LLC to rezone approximately 9.67
acres from I-1, Low Intensity Industrial District, to C-2, High Intensity Commercial
District, located near 3475 and 3801 Challenger Avenue, Vinton Magisterial
District. (First Reading and Request for Second Reading and Public Hearing)
Action No. 062524-6.h Item G.8
8. Resolution approving the second amendment to the county administrator’s
employment agreement.
Action No. 062524-6.i Item G.9
9. Resolution approving the second amendment to the county attorney’s
employment agreement.
Action No. 062524-6.j Item G.10
10. Ordinance approving the payment of a bonus to the county administrator and the
county attorney. (First Reading and Request for Second Reading)
Action No. 062524-6.k Item G.11
11. Accept and allocate a Stormwater Local Assistance Fund (SLAF) grant in the
amount of $607,212 from the Virginia Department of Environmental Quality
(DEQ).
Supervisor Shepherd moved to adopt all matters on the consent agenda.
Supervisor Radford seconded the motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
H. CITIZENS' COMMENTS AND COMMUNICATIONS - None
I. REPORTS
Action No. 062524-7 Item I.1-6
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of May 31, 2024
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2024
5. Accounts Paid – May 2024
Page 7 of 9
6. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy,
as of May 31, 2024
Supervisor Mahoney moved to receive and file the reports that have been included
with the agenda under Item I. Supervisor Radford seconded the motion. Motion
approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
J. WORK SESSION
1. Work session with staff to update the Board of Supervisors regarding a new
County policy development process. (Madeline Hanlon, Assistant to the County
Administrator and Elijah Daly, Director of Human Resources)
K. CLOSED MEETING, pursuant to the Code of Virginia as follows:
Action No. 062524-8
1. Section 2.2-3711 (A)(3) of the Code of Virginia, to discuss or consider the
acquisition or disposition of real property in the Cave Spring Magisterial District
for a public purpose, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body.
2. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a
prospective business or industry or the expansion of an existing business or
industry where no previous announcement has been made of the business’ or
industry’s interest in locating or expanding its facilities in the community.
Specifically, the Board will discuss potential business location or expansion in the
Cave Spring, and Catawba Magisterial Districts.
Supervisor North moved to go to closed session. Supervisor Mahoney seconded
the motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
NOTE: Supervisor Hooker was not scheduled to be in attendance during the work
session or closed meeting and departed the meeting at 4:00 p.m., returned
for the 7:00 p.m. evening session.
EVENING SESSION – 7:00 PM
NOTE: Supervisor Hooker rejoined the evening session via remote participation.
Page 8 of 9
L. CERTIFICATION RESOLUTION
Action No. 062524-9
In the closed session just concluded, nothing was discussed except the matter which
was identified in the motion to convene in closed session. Only those matters
lawfully permitted to be discussed under the Virginia Freedom of Information Act
were discussed.
Supervisor Mahoney moved to adopt the certification resolution. Supervisor Radford
seconded the motion. Motion approved.
Ayes: Supervisors Radford, Mahoney, Shepherd, North
Nays: None
Abstain: Supervisor Hooker (Not in attendance during closed session)
M. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
Action No. 062524-10 Item M.1
1. The petition of Neil Aneja to obtain a special use permit to operate a short-term
rental on approximately 0.30 acre of land zoned R-1, Low Density Residential
District, located at 2726 White Pelican Lane, Cave Spring Magisterial District.
(Philip Thompson, Director of Planning)
Four (4) citizens were in attendance and spoke against the petition.
Supervisor Mahoney found that the proposed special use permit request:
1. Is inconsistent with the purpose and intent of the County’s adopted
comprehensive plan,
2. Is inconsistent with good zoning practice, and/or
3. Will result in substantial detriment to the community.
Therefore, moved the Board to deny the request, and also requested that a
transcript of this matter be attached to the denial ordinance as an exhibit.
Supervisor Radford seconded the motion. Motion Approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North
Nays: None
Page 9 of 9
2. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major
utility service (solar farm) on approximately 36.48 acres of land zoned AR
Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills
Magisterial District. (Philip Thompson, Director of Planning) THIS MATTER HAS
BEEN POSTPONED UNTIL FURTHER NOTICE
3. The petition of Roanoke Valley Holdings LLC to remove a proffered condition on
approximately 50.8 acres of land zoned R-1C, Low Density Residential District
with conditions, in order to develop a residential subdivision, located near the
6200 block of Crumpacker Drive, Hollins Magisterial District. (Philip Thompson,
Director of Planning) THIS MATTER HAS BEEN POSTPONED UNTIL
FURTHER NOTICE
4. The petition of Robert and Jerri Jackson to obtain a special use permit to operate
a short-term rental on approximately 0.5768 acre of land zoned R-1, Low Density
Residential District, located at 1727 Mountain Heights Drive, Catawba Magisterial
District. (Philip Thompson, Director of Planning) THIS MATTER HAS BEEN
POSTPONED UNTIL FURTHER NOTICE
N. CITIZEN COMMENTS AND COMMUNICATIONS - None
O. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Tammy E. Shepherd
2. Martha B. Hooker
3. Paul M. Mahoney
4. David F. Radford
5. Phil C. North
Supervisors were offered the opportunity to share comments and provide updates to
their peers and the public on items of interest to them.
P. ADJOURNMENT
Action No. 062524-11
Supervisor Radford moved to adjourn the meeting. Supervisor Shepherd seconded
the motion. Motion approved.
Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North,
Nays: None
Submitted by: Approved by:
__________________________ __________________________
Richard L. Caywood Phil C. North
Clerk to the Board of Supervisors Chairman
Page 1 of 2
ACTION NO.
ITEM NO. F.2
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
Page 2 of 2
This grant requires a local match of $187,781 if all eight School Resource Officers are
hired. The fiscal year 2025 adopted operating budget includes $225,000 for a local
match towards School Resource Officers. Any other local match needed due to multiple
grants being administered simultaneously will come from police departmental savings.
All funds needed to cover the costs for the School Resource Officers will be deposited
within the grant fund.
STAFF RECOMMENDATION:
Staff recommends approving the ordinance and depositing all funds needed to cover
the costs for the School Resource Officers in the Grant Fund.
1
May 30, 2024
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke,Virginia 24018
RE: 521288-FY25 - School Resource Officer Grants - SRO
Dear Richard Caywood:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 25-421-B and was approved for a total award of $516,592, funded through Award
Number 2025-FREE-GRANT. The project period is 7/1/2024 through 6/30/2025.
Included with this letter is your Statement of Grant Award/Acceptance (SOGA), Special
Conditions, Reporting Requirements, and Projected Due Dates. In addition, there may be “Action
Item” Special Conditions related to your grant award called Encumbrances that require your
immediate attention. If there are any, please submit those documents via the On-line Grants
Management System (OGMS) at https://ogms.dcjs.virginia.gov/. Additionally, if you cannot
access your grant in OGMS, your application may be under negotiation. Please check your email
and/or spam for OGMS correspondence and follow up with your DCJS Grant Monitor.
If you have not previously done so, you must register to use this web-based system. The
instructions on Registering for a New Account and Submitting Action Item Encumbrances are
posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other
resources and training videos. All registrants will be approved within 3 – 5 business days.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact
your DCJS Grant Monitor Michelle Miles at 804-225-1846 or via email at
Michelle.Miles@dcjs.virginia.gov.
Sincerely,
Jackson Miller
2
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Project Director Project Administrator Finance Officer
Sergeant
5925 Cove Road
Roanoke, Virginia 24019
540-777-8674
shoopes@roanokecountyva.gov
County Administrator
5204 Bernard Drive
Roanoke, Virginia 24019
540-776-7190
rcaywood@roanokecountyva.gov
Financial Analyst
5205 Bernard Drive
Roanoke, Virginia 24018
540-283-8137
jpegram@roanokecountyva.gov
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature: ______________________________ Authorized Official (Project Administrator)
Title: ______________________________
Date: ______________________________
521288-FY25 - School Resource Officer Grants - SRO
DCJS Grant Number: 25-421-B
Grant Start Date: 7/1/2024
Grant End Date: 6/30/2025
*If applicable
State Special Funds: $328,811
Local Match: $187,781
Total Budget: $516,592
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 9, 2024
ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF $328,811 FROM
THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES
(DCJS) AND APPROPRIATING SUCH FUNDS FOR USE BY THE
ROANOKE COUNTY POLICE DEPARTMENT FOR EIGHT SCHOOL
RESOURCE OFFICERS
WHEREAS, the Virginia Department of Criminal Justice Services (DCJS) has
awarded $328,811 to the Roanoke County Police Department for fiscal year 2025 to fund
salaries, benefits, and supplies for eight School Resource Officers (SROs) to be assigned
to eight of the sixteen elementary schools located within Roanoke County; and
WHEREAS, this grant requires a local match of $187,781; and
WHEREAS, the fiscal year 2025 adopted operating budget includes $225,000 for
a local match towards School Resource Officers, and any other local match needed due
to multiple grants being administered simultaneously will come from police departmental
savings; 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 June 25, 2024, and the
second reading was held on July 9, 2024.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $328,811, made available to the Roanoke County Police
Department by DCJS, is accepted and hereby appropriated to the County’s
grant fund for the funding of salaries, benefits, and supplies of eight school
resource officers.
2. That the sum of $187,781 is hereby appropriated from the general fund to
the County’s grant fund for the funding of salaries and benefits of eight
school resource officers.
3. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 2
ACTION NO.
ITEM NO. F.3
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT
Page 2 of 2
This grant requires a local match of $184,278 if all eight School Resource Officers are
hired. The fiscal year 2025 adopted operating budget includes $225,000 for a local
match towards School Resource Officers. Any other local match needed due to multiple
grants being administered simultaneously will come from police departmental savings.
All funds needed to cover the costs for the School Resource Officers will be deposited
within the grant fund.
STAFF RECOMMENDATION:
Staff recommends approving the ordinance and depositing all funds needed to cover
the costs for the School resource Officers in the Grant Fund.
1
May 30, 2024
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke,Virginia 24018
RE: 521288-FY25 - School Resource Officer Grants - SRO
Dear Richard Caywood:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 25-245-C and was approved for a total award of $506,953, funded through Award
Number 2025-FREE-GRANT. The project period is 7/1/2024 through 6/30/2025.
Included with this letter is your Statement of Grant Award/Acceptance (SOGA), Special
Conditions, Reporting Requirements, and Projected Due Dates. In addition, there may be “Action
Item” Special Conditions related to your grant award called Encumbrances that require your
immediate attention. If there are any, please submit those documents via the On-line Grants
Management System (OGMS) at https://ogms.dcjs.virginia.gov/. Additionally, if you cannot
access your grant in OGMS, your application may be under negotiation. Please check your email
and/or spam for OGMS correspondence and follow up with your DCJS Grant Monitor.
If you have not previously done so, you must register to use this web-based system. The
instructions on Registering for a New Account and Submitting Action Item Encumbrances are
posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other
resources and training videos. All registrants will be approved within 3 – 5 business days.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact
your DCJS Grant Monitor Michelle Miles at 804-225-1846 or via email at
Michelle.Miles@dcjs.virginia.gov.
Sincerely,
Jackson Miller
2
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Project Director Project Administrator Finance Officer
Sergeant
5925 Cove Road
Roanoke, Virginia 24019
540-777-8674
shoopes@roanokecountyva.gov
County Administrator
5204 Bernard Drive
Roanoke, Virginia 24019
540-776-7190
rcaywood@roanokecountyva.gov
Financial Analyst
5204 Bernard Drive
Roanoke, Virginia 24018
540-283-8137
jpegram@roanokecountyva.gov
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature: ______________________________ Authorized Official (Project Administrator)
Title: ______________________________
Date: ______________________________
521288-FY25 - School Resource Officer Grants - SRO
DCJS Grant Number: 25-245-C
Grant Start Date: 7/1/2024
Grant End Date: 6/30/2025
*If applicable
State Special Funds: $322,675
Local Match: $184,278
Total Budget: $506,953
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 9, 2024
ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF $322,675 FROM
THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES
(DCJS) AND APPROPRIATING SUCH FUNDS FOR USE BY THE
ROANOKE COUNTY POLICE DEPARTMENT FOR EIGHT SCHOOL
RESOURCE OFFICERS
WHEREAS, the Virginia Department of Criminal Justice Services (DCJS) has
awarded $322,675 to the Roanoke County Police Department for fiscal year 2025 to fund
salaries, benefits, and supplies for eight School Resource Officers (SROs) to be assigned
to eight of the sixteen elementary schools located within Roanoke County; and
WHEREAS, this grant requires a local match of $184,278 if all eight School
Resource Officers are hired; and
WHEREAS, the fiscal year 2025 adopted operating budget includes $225,000 for
a local match towards School Resource Officers, and any other local match needed due
to multiple grants being administered simultaneously will come from police departmental
savings; and
WHEREAS, funds from this grant will not be utilized until funds from any prior
school resource officer grants have been utilized; and
WHEREAS, insofar as eight SRO positions have previously been funded (for
SROs to eight of the sixteen Roanoke County public elementary schools), the funds from
this grant will be utilized for eight additional SRO positions, which the County is still in the
process of hiring, to provide SROs to the remaining eight elementary schools; 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 June 25, 2024, and the
second reading was held on July 9, 2024.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $322,675, made available to the Roanoke County Police
Department by DCJS, is accepted and hereby appropriated to the County’s
grant fund for the funding of salaries, benefits, and supplies of eight school
resource officers.
2. That the sum of $184,278 is hereby appropriated from the general fund to
the County’s grant fund for the funding of salaries and benefits of eight
school resource officers.
3. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 1
ACTION NO.
ITEM NO. F.4
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
STAFF RECOMMENDATION:
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 9, 2024
ORDINANCE APPROVING THE PAYMENT OF A BONUS TO THE
COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY
WHEREAS, the Board of Supervisors conducted the annual performance
evaluations for the County Administrator and the County Attorney on June 11, 2024;
and
WHEREAS, in recognition of their excellent performance, the Board of
Supervisors desires to provide the County Administrator and the County Attorney with a
bonus of $5,000 each; and
WHEREAS, such bonuses are authorized by Section 15.2 -1508 of the Code of
Virginia, and by the Board’s employment agreements with the County Administrator and
the County Attorney; and
WHEREAS, the first reading of this ordinance was held on June 25, 2024, and
the second reading was held on July 9, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, as follows:
1. Richard L. Caywood, the County Administrator, shall receive a bonus of
$5,000. This bonus shall be included in the direct-deposit paycheck issued
to Mr. Caywood on July 19, 2024.
2. Peter S. Lubeck, the County Attorney, shall receive a bonus of $5,000.
This bonus shall be included in the direct-deposit paycheck issued to Mr.
Lubeck on July 19, 2024.
Page 1 of 2
ACTION NO.
ITEM NO. F.5
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
BACKGROUND:
DISCUSSION:
Page 2 of 2
the program’s primary objectives is to maintain youth safely in their home, school and
community by offering an alternative to detention. JIS operates two (2) programs to
achieve that goal, an Outreach Detention Program and a Home Electronic Monitoring
(GPS) Program. Staff engage with youth face-to-face multiple times a week to
determine their compliance, supervise their whereabouts and assess their needs in
multiple settings. The alternative detention programs have a high rate of successful
discharges, higher than the State average, and a recidivism rate lower than that
statewide.
For the upcoming grant cycle for fiscal year 2024-2025 and fiscal year 2025-2026, the
JIS Program will continue offering a relatively new program in response to changing
community needs. The new program focuses more resources on prevention services for
youth contacting the juvenile justice system for the first time. The new program
identifies youth at-risk and provides check-ins, monitoring, referrals and incentives to
help youth decrease risky behavior and isolation and increase pro social behavior and
practical skills. In addition, the JIS Program also provides other successful alternative
detention programs.
The City of Salem intends to continue its participation in the Juvenile Intervention
Services Program and will continue to dedicate their local and state VJCCCA funds to
the operation of the JIS Program. The grant requires the County to contribute $24,644
and the City of Salem to contribute $9,418 for fiscal year 2024 -2025 and for fiscal year
2025-2026 as the local maintenance of effort.
The Department of Juvenile Justice requires that the attached resolution be adopted by
the County of Roanoke allowing participation in the grant program and recognizing that
the City of Salem’s grant monies will be used to support the Juvenile Intervention
Services Program.
FISCAL IMPACT:
The grant requires the County to contribute $24,644 for the upcoming two (2) fiscal
years as our maintenance of effort. Salem will contribute $9,418 each year. Those
local contributions will leverage $232,833 in State funds. There has been no increase in
the local maintenance of effort for several years. No appropriation is required as this
was included in the fiscal year 2025 approved budget and will be included in the fiscal
year 2026 budget.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution to continue participation in the VJCCCA
grant for fiscal years 2024-2025 and 2025-2026.
Page 1 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 9, 2024
RESOLUTION TO APPROVE PARTICIPATION IN AND CONDITIONS OF
THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT
(VJCCCA) GRANT FOR FISCAL YEARS 2024-2025 and 2025-2026 AND
TO ALLOW PARTICIPATION BY THE CITY OF SALEM
WHEREAS, the County of Roanoke has participated in the Virginia Juvenile
Community Crime Control Act (VJCCCA) program in the past allowing the Court Service
Unit to provide direct services, substance abuse services and probation activities
associated with the Juvenile Court; and
WHEREAS, through the Juvenile Intervention Services Program of Roanoke
County’s Court Services Unit, the grant funds have been administered to assist the court
by providing immediate and random urine screens, community service, restitution and
providing intensive supervision such as Home Electronic Monitoring and Outreach
Detention services; and
WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both
the County of Roanoke and the City of Salem; and
WHEREAS, the Court Services Unit desires to provide services through the
Juvenile Intervention Services Program to serve the youth of both the County of Roanoke
and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate
funds.
Now, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County will participate in the Virginia Juvenile Community Crime Control Act for Fiscal
Years 2024-2025 and 2025-2026 and will accept said funds, appropriating them for the
Page 2 of 2
purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing,
that it no longer wishes to participate in the program.
BE IT FURTHER RESOLVED that the County Administrator is hereby authorized
to execute a local plan on behalf of the County of Roanoke and City of Salem, and
BE IT FURTHER RESOLVED that the County of Roanoke will combine services
and grant resources with the City of Salem, and the County, as operator of the Juvenile
Intervention Services Program, will serve as fiscal agent for these localities.
Page 1 of 2
ACTION NO.
ITEM NO. F.6
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
ISSUE:
BACKGROUND:
DISCUSSION:
Page 2 of 2
for every officer and most of the units still in service are more than 15 years old. We will
also be purchasing ten new portable radio microphones. The purchase of these radio
mics will replace those that are no longer serviceable as well as provide the officer with
better functionality.
FISCAL IMPACT:
The total amount of the grant awarded is $73,480 which requires a twenty -five percent
(25%) local match. The Bureau of Justice Assistance grant funds which total $55,110
and the Police Departments fiscal year 2024-2025 operating budget will be used for the
required twenty-five percent (25%) local match in the amount of $18,370.
STAFF RECOMMENDATION:
Staff recommends the acceptance and allocation of grant funds in the amount of
$55,110 from the Bureau of Justice Assistance along with allocating $18,370 from the
Police Department operating budget to the Grant Fund.
1
June 10, 2024
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke,Virginia 24018
RE: 525876 - Byrne/Justice Assistance Grant Program- LE Equipment
Dear Richard Caywood:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 528658 and was approved for a total award of $73,480, funded through Award
Number(s) 2019-MU-BX-0026, 2020-MU-BX-0035, and/or 15PBJA-21-GG-00258-MUMU. The
project period is 7/1/2024 through 3/31/2025.
Included with this letter is your Statement of Grant Award/Acceptance (SOGA), Special
Conditions, Reporting Requirements, and Projected Due Dates. In addition, there may be “Action
Item” Special Conditions related to your grant award called Encumbrances that require your immediate
attention. If there are any, please submit those documents via the On-line Grants Management System
(OGMS) at https://ogms.dcjs.virginia.gov/. Additionally, if you cannot access your grant in OGMS,
your application may be under negotiation. Please check your email and/or spam for OGMS
correspondence and follow up with your DCJS Grant Monitor.
If you have not previously done so, you must register to use this web-based system. The
instructions on Registering for a New Account and Submitting Action Item Encumbrances are posted
here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other resources and
training videos. All registrants will be approved within 3 – 5 business days.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact
your DCJS Grant Monitor Nicole Phelps at 804-786-1577 or via email at
Nicole.Phelps@dcjs.virginia.gov.
Sincerely,
Jackson Miller
2
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Project Director Project Administrator Finance Officer
Sergeant
5925 Cove Road
Roanoke, Virginia 24019
540-777-8674
shoopes@roanokecountyva.gov
County Administrator
5204 Bernard Drive
Roanoke, Virginia 24019
540-776-7190
rcaywood@roanokecountyva.gov
Financial Analyst
5204 Bernard Drive
Roanoke, Virginia 24018
540-283-8137
jpegram@roanokecountyva.gov
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature: ______________________________ Authorized Official (Project Administrator)
Title: ______________________________
Date: ______________________________
525876 - Byrne/Justice Assistance Grant Program- LE Equipment
DCJS Grant Number: 528658
UEI Number: GX4HPU2KPHE3
Grant Start Date: 7/1/2024 Grant End Date: 3/31/2025
Federal Grant Number: 2019-MU-BX-0026, 2020-MU-BX-0035, and/or 15PBJA-21-GG-00258-MUMU
Federal Awardee: BJA
Federal Catalog Num.: 16.738
Project Description: To strengthen Crime Control
Federal Start Date: 10/01/2018, 10/01/2019, and/or 10/01/2020
ICR:
Federal Funds:
State Funds:
Local Match: $18,370
Total Budget: $73,480
Capital
Unappropriated % of Board Expenditure
Balance Revenues Contingency Contingency Reserves
Unaudited balance as of June 30, 2024 29,191,800$ ‐$ ‐$ 9,058,432$
Addition of 2023‐24 operations and close out of completed projects ‐
Proposed FY2023‐24 budget amendment, first reading July 9th and second reading July 23rd 2,022,180$ 650,291$ 1,500,000
Approved Sources:
Appropriated from 2024‐25 budget (Ordinance 052824‐3.a)‐ 50,000 ‐
Approved Uses:
Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)(5,159,423)
Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)(93,647)
MOU regarding the joint capital funding approved on April 11, 2023 (5,000,000)
Balance at July 9, 2024 31,213,980$ 12.0% 50,000$ 650,291$ 305,362$
County of Roanoke
Unappropriated Balance, Board Contingency, and Capital Reserves
Fiscal Year 2024‐2025
General Government
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
Outstanding Outstanding
June 30, 2024 Additions Deletions July 9, 2024
VPSA School Bonds 69,781,182$ -$ -$ 69,781,182$
Lease Revenue Bonds 78,395,000 - - 78,395,000
Subtotal 148,176,182 - - 148,176,182
Premiums 11,056,810 - - 11,056,810
159,232,992$ -$ -$ 159,232,992$
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Richard L. Caywood
County Administrator
Page 1 of 1
ACTION NO.
ITEM NO. J.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 9, 2024
AGENDA ITEM: Work session with staff to discuss potential changes to the
Roanoke County regulation of residential lot drainage
SUBMITTED BY: Doug Blount
Assistant County Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE
Time has been set aside for staff to discuss potential changes to the Roanoke County
regulations of residential lot drainage.
Page 1 of 1
ACTION NO.
ITEM NO. J.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 9, 2024
AGENDA ITEM: Work session with staff to discuss potential changes to
elderly tax relief.
SUBMITTED BY: P. Jason Peters
Board Member-Vinton
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE
Time has been set aside for staff to discuss potential changes to elderly tax relief.
Page 1 of 1
ACTION NO.
ITEM NO. L.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 9, 2024
AGENDA ITEM: Certification Resolution
SUBMITTED BY: Rhonda Perdue
Chief Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
{Insert the Main Issue Here}
BACKGROUND:
{Brief Overview of Pertinent Information}
DISCUSSION:
FISCAL IMPACT:
{Amount of funding required, if any, and the sources of funding}
STAFF RECOMMENDATION:
{Indicate the action that staff is recommending the Board take}
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 9, 2024
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member ’s knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1 of 1
ACTION NO.
ITEM NO. M.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 9, 2024
AGENDA ITEM: Work session with the Board regarding the 2024 sessions of
the General Assembly
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE
Time has been set aside for the County’s Legislative Liaison, Eldon James, to update
the Board on the 2024 Sessions of the General Assembly.
2 0 2 4 V I R G I N I A
G E N E R A L
A S S E M B L Y
R O A N O K E C O U N T Y
O V E R V I E W
•Historic & Unusual
•Bills
•Budget
•Roanoke County Issues
•Focus 2025 General Assembly
H I S T O R I C & U N U S U A L
Historic
•New leadership in the House -Speaker of the House Don Scott
•Historic Turnover -34 new Delegates & 17 new Senators
•Historic Number of Vetoes from the Governor –201
Unusual
•High Percentage of Passed Bills w/ Significant Opposition –Party line votes
•Adjournment of the Session Without a Budget
•Special Session I to deal w/ Budget –May 13,2024
B I L L S
•Almost 1,100 bills passed
•Brochure Bills
•Many Bills Jettisoned to Study Committees (JLARC data
centers,JLARC K-12 Funding,Va Housing Commission,et al)
•Issues of Importance to Roanoke County –K-12 Funding,CTE
Facility Funding,Mental Health Funding,Airport Expansion,
Broadband Expansion,CSA Funding.
B U D G E T
•Bipartisan supported budget delivered on time.
•230 Gubernatorial budget amendments.Many/most
effectively vetoes.
•At the mid-April Veto Session,the two chambers decided a
Special Session in May would deal with the budget.
•The mid-May Special Session resulted in a budget effective
July 1,2024.
R O A N O K E C O U N T Y K -1 2 E D
K-12 FUNDING IN FINAL 2024-2026 STATE BUDGET COMPARED
TO GOVERNOR’S INTRODUCED BUDGET
Difference in Total
Per Pupil Funding
FY 25-26
Additional Funding
in Final Budget
Total Funding in
Signed Budget FY
25 + 26
Total Funding in
Gov’s Budget
Proposal
FY 25 + 26
$ 650$ 8,626,217$ 235,088,960$ 226,462,743
R O A N O K E C O U N T Y
2 0 2 5 G E N E R A L A S S E M B L Y
•Headed into a “short ” 30-day session January 2025
•We look forward to working with you on your legislative program/agenda
for the 2025 Session
•New, fresh look at issues needing state legislation
•Dialogue with County’s legislative delegation