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HomeMy WebLinkAbout9/23/2025 - RegularPage 1 of 5 anokeCounty Please Note: There is no 6:00 p.m. evening session because there are no public hearings scheduled. 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 September 23, 2025 Page 2 of 5 Good afternoon and welcome to our meeting for September 23, 2025. Regular meetings are held on the second and fourth Tuesday at 2:00 p.m. Public hearings are held at 6:00 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 Friday 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.Roll Call B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C.PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.Recognition of General Services staff on winning a 2025 VACo Achievement Award for Smart Trash. (Ashley King, Director of General Services) D.NEW BUSINESS 1.Resolution requesting the Roanoke Valley Transportation Planning Organization fund four projects for the Fiscal Year 2027-2032 Surface Transportation Block Grant and Carbon Reduction Programs. (Megan Cronise, Assistant Director of Planning) E.SECOND READING OF ORDINANCE 1.Ordinance amending Chapter 8.1 (EROSION AND STORMWATER MANAGEMENT PROGRAM) of the Roanoke County Code. (Peter S. Lubeck, County Attorney) (Second Reading) Roanoke County Board of Supervisors Agenda September 23, 2025 F.APPOINTMENTS 1.Community Policy and Management Team (CPMT) Sergeant Stephen Voss – Roanoke County Law Enforcement – No term limit 2.Economic Development Authority (By District) Michael Cagle – Cave Spring Magisterial District – Expires September 26, 2029 Mike Altizer – Vinton Magisterial District – Expires September 26, 2029 G.CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1.Approval of minutes – September 9, 2025 2.Ordinance to appropriate funds in the amount of $70,806.73 from the Commonwealth of Virginia for the County of Roanoke Department of Social Services for fiscal year 2026 and adding one Family Services Supervisor - Child Protective Services to the Classification and Pay Plan. (Second Reading) 3.The petition of Aila Boyd to obtain a special use permit to operate a short- term rental on approximately 0.5 acre of land zoned R-1, Low Density Residential District, located at 3352 Colonial Avenue, Cave Spring Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 4.The petition of Hotel Shift Capital, LLC to obtain a special use permit to construct 100+ multi-family dwelling units on approximately 3.35 acres of land zoned C-2, High Intensity Commercial District, located at 6510 and 6520 Thirlane Road, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 5.The petition of WRV Properties, LLC, to rezone approximately 25.3 acres from ARS, Agricultural/Residential District with special use permit, to I-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 3233 Catawba Valley Drive, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing.) 6.The petition of Hamlar Properties, LLC, to rezone approximately 3.8 acres from AR, Agricultural/Residential District, to AV, Agricultural/Village Page 3 of 5 Page 4 of 5 Center District, and obtain a special use permit to construct a multi -family development located at 3037 and 3133 Rutrough Road, Vinton Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 7.Request to accept and allocate funds in the amount of $81,362.56 for phone bill payments related to the NextGen911 PSAP grant. 8.Ordinance to accept and appropriate grant funds in the amount of $497,400 from the Virginia Department of Fire Programs for the Aid to Localities Funds (VDFP). (First Reading and Request for Second Reading) 9.Request to accept and allocate the grant funds in the amount of $187,735.00 from the Department of Motor Vehicles for the purpose of Selective Enforcement. – 6. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy, Page 5 of 5 K. WORK SESSION 1. Work session to review with the Board of Supervisors the preliminary and unaudited financial results for the fiscal year ending June 30, 2025 for the County of Roanoke, Virginia, and the FY 2026-2027 Budget Development Process and Changes to the Comprehensive Financial Policy. (Steve Elliott, Budget Administrator and Laurie Gearheart, Director of Finance and Management Services) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. 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 five magisterial districts. M. CERTIFICATION RESOLUTION N. ADJOURNMENT Page 1 of 1 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: September 23, 2025 AGENDA ITEM: Recognition of General Services staff on winning a 2025 VACo Achievement Award for Smart Trash SUBMITTED BY: Ashley King Director of General Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to recognize General Services staff on winning a 2025 VACo Achievement Award for Smart Trash. VACo representative, Deputy Director Katie Boyle, will be in attendance and present the award. 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: September 23, 2025 AGENDA ITEM: Resolution requesting the Roanoke Valley Transportation Planning Organization fund four projects for the Fiscal Year 2027-2032 Surface Transportation Block Grant and Carbon Reduction Programs SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: A resolution is required as part of the application for Surface Transportation Block Grant Program (STBG) and Carbon Reduction Program (CRP) funding. BACKGROUND: STBG applications are accepted on odd-numbered years. CRP funding became available to the Roanoke Valley Transportation Planning Organization (RVTPO) in 2023 which follows the same STBG application process. Applications for both programs are due on September 26, 2025. The RVTPO reviews STBG and CRP project applications and recommends funding allocations to the Commonwealth Transportation Board. DISCUSSION: The proposed applications include: 1. West Roanoke River Greenway Phase 2 Preliminary Engineering for option one proposed to be located between West Riverside Drive and the Roanoke River to connect the West Roanoke River Greenway Phase 1 nearing completion with Roanoke River Greenway located at Green Hill Park. The Virginia Department of Transportation (VDOT) would administer this project. Page 2 of 2 2. East Roanoke River Greenway Gap Preliminary Engineering for thirty (30) percent plans for alignment A, located north of the Norfolk Southern railroad tracks in the Town of Vinton with a bridge across the railroad tracks and the Roanoke River to connect with the existing Roanoke River Greenway that starts at 3226 Highland Road on the south side of the river. VDOT would administer this project. 3. Brambleton Avenue mid-block crosswalk between Cave Spring Baptist Church and Cave Spring Middle School to improve pedestrian safety while crossing between overflow parking at Cave Spring Baptist Church and events at Cave Spring Middle School. VDOT would administer this project. 4. Railroad Crossing Elimination Study for Layman Road and Glade Creek Road to replace two at-grade railroad crossings with one bridge and a connection between the two roads. The study would include 30 percent design plans and two rounds of community engagement. Roanoke County would administer this study. FISCAL IMPACT: None. STBG and CRP funds are state and federal. No local match funds are required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt a resolution requesting the Roanoke Valley Transportation Planning Organization provide STBG and/or CRP funding for four projects for fiscal year 2027-2032. Surface Transportation Block Grant (STBG)and Carbon Reduction Program (CRP)Requests Board of Supervisors Meeting September 23, 2025 1 STBG and CRP Requests •Funding: 100 percent state and federal funding with no local match •Availability: Applications are requested every two years •Deadline: September 26, 2025 •Awards: The Roanoke Valley Transportation Planning Organization (RVTPO) determines which projects are funded, which are then incorporated into the Six-Year Improvement Program in June of the following year. •Available Funding: Approximately $12 million in existing funding plus approximately $5 million for the sixth year of funding = approximately $17 million Staff proposes four Surface Transportation Block Grant (STBG)/ Carbon Reduction Program (CRP)applications. 2 1. West Roanoke River Greenway Phase 2 Preliminary Engineering •2010, 2013, 2016 and 2022: Funding for the original project (Phases 1, 2 and Riverside Park to Mill Lane)was obtained. •2011-2020: Greenway alternatives were considered, design was completed and right-of-way was obtained. •2021:Riverside Park to Mill Lane was removed from the project scope due to right-of-way acquisition challenges. 3 1. West Roanoke River Greenway Phase 2 Preliminary Engineering •2022: VDOT recommended splitting the project to advance construction of Phase 1 where right-of-way had been obtained, plans were complete and funding was available for construction. When the project was split, no funding was available for Phase 2. •2023: Phase 1 construction began. •April 2024: Roanoke County held a community meeting with 95 attendees and received 189 survey responses; the consensus of the survey results was to locate the greenway on the south side of the Roanoke River to eliminate the need for expensive bridges. •April 2025: Roanoke County held another community meeting with 71 attendees and 82 survey responses; Option 1 between West Riverside Drive and the Roanoke River received the most support and least opposition. 4 1. West Roanoke River Greenway Phase 2 Preliminary Engineering Option one, located between West Riverside Drive and the Roanoke River Preliminary Engineering Estimate: $1,210,000 5 •Ten-foot-wide asphalt greenway •Gabion basket retaining wall along the Roanoke River for the length of the greenway •Timber guardrail/fencing between the greenway and the retaining wall •Some trees and vegetation along the river would be removed for construction •Eight-foot-wide landscaped buffer strip between the greenway and the road that could include street trees •Curb and gutter along the north side of West Riverside Drive next to the landscaped buffer strip to improve drainage and protect greenway users •VDOT would administer the design project and future phases 2. East Roanoke River Greenway Gap Preliminary Engineering 6 2008-2014: Roanoke County applied for and received several grants to fund the Roanoke River Greenway between the City of Roanoke and the Blue Ridge Parkway. 2012-2018: Design and environmental investigations were conducted. Meetings were held with property owners along the Roanoke River as the greenway developed. 2018-2021: Easements were obtained from five property owners on ten parcels along the corridor. 2022: The project was scoped down to construct a segment on VRFA/Roanoke County property next to the Blue Ridge Parkway,which was completed in 2023. 2. East Roanoke River Greenway Gap Preliminary Engineering 7 June 2022: Roanoke County held a community meeting on a VDOT design for the remaining greenway segment with 67 attendees and 381 survey responses. A 0.9-mile-long segment was submitted for SMART SCALE funding,which was not successful. October 2024: The East Roanoke River Greenway Feasibility Study began with assistance from AECOM. February 2025: Roanoke County held two community meetings with 138 attendees and 292 surveys completed. There was support for routes along the Roanoke River and opposition to routes along roadways. July 2025: Roanoke County held two more community meetings with 65 attendees and 212 surveys completed. 2. East Roanoke River Greenway Gap Preliminary Engineering 8 Route A, located north of the Roanoke River and the Norfolk Southern Railroad •Preliminary Engineering Estimate for 30% Plans: Between $2.5 and $3 million •VDOT would administer the design project and future phases 3. Brambleton Avenue Mid-Block Crosswalk 9 •The Cave Spring Baptist Church parking lots have been used for Cave Spring Middle School and Bogle Field overflow parking for many years. •Three pedestrian crashes have occurred on Brambleton Avenue near Cave Spring Middle School in the past ten years. •Early 2023: Roanoke County Public Schools (RCPS)staff requested that Roanoke County staff investigate a crosswalk between Cave Spring Baptist Church and Cave Spring Middle School after the November 2022 crash. County staff contacted the Virginia Department of Transportation (VDOT) for assistance. Feb. 2015 Nov. 2022 Oct. 2015 Cave Spring Middle School Cave Spring Baptist Church 3. Brambleton Avenue Mid-Block Crosswalk 10 •October 2023: County staff, VDOT, RCPS staff/principals and Cave Spring Baptist Church representatives met to discuss proposed pedestrian improvement concepts. •Late October 2023: VDOT submitted two Highway Safety Improvement Program (HSIP)projects. Neither application was funded. 1.Pedestrian crosswalks and signals at the Brambleton/Ranchcrest/Roselawn traffic signal;and 2.Mid-block crosswalk between Cave Spring Middle School and Cave Spring Baptist Church. •October 2024: VDOT submitted the HSIP projects again. Neither application was funded. Cave Spring Middle School Back to School Night, August 2023 3. Brambleton Avenue Mid-Block Crosswalk Mid-Block Crosswalk Project Estimate (all phases): $2,107,000 million Project features: 11 •Lower speed limit from 45 to 35 mph •Install pedestrian-activated flashing lights with a midblock crosswalk and a refuge island •Connect new sidewalk to the school’s sidewalk near the bus loop •Construct sidewalk across the church’s upper lot entrance with an ADA ramp to the parking lot •Install possible hedges or fencing along the top of the slope at the church to reduce shortcuts to the crosswalk 4. Railroad Crossing Elimination Study •2021-2023: The Layman Road and Glade Creek Road at-grade railroad crossings were evaluated as part of the Route 460 Land Use and Connectivity Study. Staff learned that trains frequently block both roadways for up to two hours at a time. •2022: Staff applied for a Railroad Crossing Elimination Planning Grant for these intersections through the Federal Railroad Administration. Funding was not awarded. 12 •March 2023: The Route 460 Land Use and Connectivity Study was adopted as part of the Comprehensive Plan with recommendations to improve access to the east of the railroad. •October 2024: Staff applied for CIP funding to complete the activities requested in the Planning Grant application. Funding was not included in the FY 2026 CIP. 4. Railroad Crossing Elimination Study Railroad Crossing Elimination Study for Layman Road and Glade Creek Road to replace two at-grade railroad crossings with one bridge and connect both roads together: •Engage the community with two meetings •30 percent design plans Study Estimate: Approximately $500,000 13 Next Steps •Today: Staff requests a Resolution of Support for these four projects. •By September 26: Staff will submit STBG/CRP applications to the Roanoke Valley Transportation Planning Organization. 14 Questions 15 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, SEPTEMBER 23, 2025 RESOLUTION REQUESTING THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION FUND FOUR PROJECTS FOR THE FISCAL YEAR 2027-2032 SURFACE TRANSPORTATION BLOCK GRANT AND CARBON REDUCTION PROGRAMS WHEREAS, the Roanoke Valley Transportation Planning Organization reviews applications for funding through the Surface Transportation Block Grant Program (formerly Regional Surface Transportation Program) and makes recommendations for project funding to the Commonwealth Transportation Board; and, WHEREAS, the Roanoke Valley Transportation Planning Organization also reviews applications for funding through the Carbon Reduction Program, which provides funds for projects designed to reduce transportation emissions, and also makes recommendations for project funding to the Commonwealth Transportation Board; and, WHEREAS, the Roanoke County Board of Supervisors supports the list of projects for Surface Transportation Block Grant and/or Carbon Reduction Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Transportation Planning Organization fund the following projects through the Fiscal Year 2027-2032 Surface Transportation Block Grant Program and/or Carbon Reduction Program: 1. West Roanoke River Greenway Phase 2 Preliminary Engineering 2. East Roanoke River Greenway Gap Preliminary Engineering Page 2 of 2 3. Brambleton Avenue Mid-Block Crosswalk between Cave Spring Middle School and Cave Spring Baptist Church 4. Railroad Crossing Elimination Study for Layman Road and Glade Creek Road 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: September 23, 2025 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 8.1 (EROSION AND STORMWATER MANAGEMENT PROGRAM) OF THE ROANOKE COUNTY CODE SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Second reading of an ordinance to amend Chapter 8.1 Erosion and Stormwater Management Program to incorporate certain text from repealed Chapter 23, to correct various typographical errors, and to renumber several sections to accommodate the new text. BACKGROUND: On July 9, 2024, the Board of Supervisors adopted an ordinance amending Chapter 8.1 of the Roanoke County Code and repealed Chapter 23, creating a consolidated Erosion and Stormwater Management Ordinance. Shortly thereafter, staff realized that critical provisions of text from the repealed Chapter 23 were not incorporated into the new consolidated ordinance. Staff recommends making certain amendments to Chapter 8.1 in order to formally incorporate those back into the Roanoke County Code. DISCUSSION: The following sections would be impacted by the proposed amendments: •Section 8.1-2 DEFINITIONS. Page 2 of 3 • Section 8.1-4 VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM ESTABLISHED • Section 8.1-6 REVIEW AND APPROVAL OF PLANS; PROHIBITIONS. • Section 8.1-8 STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF PLAN. • Section 8.1-9 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN • Section 8.1-10 POLLUTION PREVENTION PLAN; CONTENTS OF PLAN • Section 8.1-11 EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLAN • Section 8.1-12 TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING ACTIVITIES • Section 8.1-13 SPECIAL PROVISIONS FOR LAND-DISTURBING ACTIVITIES THAT DISTURB LESS THAN 10,000 SQUARE FEET • Section 8.1-14 PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGEWAYS • Section 8.1-15 NOTICE OF CONSTRUCTION COMMENCEMENT • Section 8.1-16 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES; STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS • Section 8.1-17 PERIODIC CONSTRUCTION INSPECTIONS • Section 8.1-18 FINAL INSPECTION AND RECORD DOCUMENTATION • Section 8.1-19 POST-CONSTRUCTION MAINTENANCE INSPECTIONS OF SWMFs • Section 8.1-20 RECORDS OF SWMF INSPECTION, MAINTENANCE, AND REPAIR • Section 8.1-21 HEARINGS • Section 8.1-24 ENFORCEMENT Page 3 of 3 • Section 8.1-25 PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS • Section 8.1-26 FEES • Section 8.1-27 PERFORMANCE BOND At the first reading on September 9, 2025, staff recommended several changes to Chapter 8.1 of the Roanoke County Code. These included: • Adding previously missing text, • Renumbering various sections due to the inserted text, • Updating provisions to align with general law regarding property owner, responsibilities for drainageways, and • Correcting typographical errors throughout the document There has been one change in the proposed ordinance since the first reading on September 9, 2025. Section 8.1-12 includes a new provision exempting the construction of single-family residences on parcels of one acre or larger from the requirement to provide a field survey, unless the Administrator determines that a field survey is required. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommend that the Board of Supervisors approve the proposed ordinance. 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2025 ORDINANCE AMENDING CHAPTER 8.1 (EROSION AND STORMWATER MANAGEMENT PROGRAM) OF THE ROANOKE COUNTY CODE WHEREAS, on July 9, 2024, the Board of Supervisors adopted Ordinance #070924-3 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 (current Chapter 8.1 of the Roanoke County Code); and WHEREAS, certain critical provisions from repealed Chapter 23 of the Roanoke County Code were not incorporated into the consolidated Erosion and Stormwater Management Program Ordinance (current Chapter 8.1 of the Roanoke County Code); and WHEREAS, staff recommends certain amendments to the consolidated Erosion and Stormwater Management Program Ordinance (current Chapter 8.1 of the Roanoke County Code); and WHEREAS, the proposed amendments would incorporate certain critical provisions from repealed Chapter 23 of the Roanoke County Code, renumber various sections as a result of adding the repealed provisions, include changes to reflect general law as it relates to property owner responsibilities of drainageways, and correct various typographical errors; and WHEREAS, the first reading of this ordinance was held on September 9, 2025 and the second reading was held on September 23, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke that: 1. Chapter 8.1 of the Roanoke County Code is amended as follows: 2 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 between 3 2,500 square feet and 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. “Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or topsoil removal. “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. 4 “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. “Constructed steep slopes” mean steep slopes that are created or made steeper by construction activities. “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 5 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. “Drainageway” means a route or course along which water moves or may move to drain an area, which includes natural watercourses, storm sewers, gutters, manmade channels, and other natural or manmade drainage paths. “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 6 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. “Geotechnical Report” means a report prepared by a professional engineer that communicates site conditions; and recommends design, construction methods, and construction inspection. 1. The geotechnical report shall include information as determined by a professional engineer, or as required by the administratorAdministrator, as follows: 7 a. Summary of all subsurface exploration data, including subsurface soil profile; b. Exploration logs, laboratory or in situ test results, and groundwater information; c. Interpretation and analysis of the subsurface data; d. Specific engineering recommendations for design, construction, and construction inspection; e. Discussion of conditions for solution of anticipated problems; and f. Recommended geotechnical special provisions. 2. The professional engineer may refer to the applicable sections of the “Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications” contained in the U. S. Department of Transportation, Federal Highway Administration Publication No. FHWA ED-88-053, latest edition. 3. When required, the geotechnical report shall be submitted and approved by the County of Roanoke prior to the issuance of a permit. “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, except that the term shall not include those exemptions specified in Section 8.1-7.B. of this Ordinance.. 8 “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. 9 “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. 10 “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. “Plot plan” means a detailed drawing that shows the existing layout of a property and any proposed improvements and meets the requirements of the County of Roanoke’s Zoning Ordinance (County of Roanoke Code Section 30-100-1). “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 11 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. 12 “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 w ater 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. 13 “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 14 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 facility maintenance agreement” means a legally binding agreement between the owner of a property and the County of Roanoke regarding long-term maintenance of stormwater management facilities. “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 15 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 16 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 consi dered 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. 17 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 of Roanoke’s subdivision and zoning ordinances wherein such apply to the development and subdivision of land within the County of Roanoke or where such apply to development on previously subdivided land within the County of Roanoke. 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 8.1-1 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. The County of Roanoke will utilize the policies, criteria, and information contained within its Stormwater Management Design Manual for proper implementation of the requirements of this chapter. This manual will be periodically updated subject to the authorization and approval of the Board of Supervisors by resolution. 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. 18 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 19 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 and shall provide adequate studies or other documentation. 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 studies or other 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 exception from 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 Management HandbookBMP 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. 20 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; 21 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. 22 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; 23 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. 3. No application for land-disturbing activity will be approved unless it includes a stormwater management plan or agreement in lieu of a stormwater management plan, as required by this Ordinance, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. 4. Submittal, review, approval, and resubmittal of stormwater management plans, and agreements in lieu of stormwater management plans shall comply with the requirements set forth in this Ordinance and the County of Roanoke Stormwater Management Design Manual. 24 5. A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. 6. Stormwater management facilities include all storm drain structures, storm drain pipes, culverts, open channels, BMPs, and all other facilities used to convey, control, or treat stormwater 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; 25 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. Plans and plot plans shall be designed from a current topographic field survey that is referenced to the National Geodetic Vertical Datum 1988 vertically to the North American Vertical Datum of 1988 (NAVD 88) and horizontally to the North American Datum of 1983 (NAD 83 (2011)), and such plans shall be prepared by a licensed professional. The survey must meet the minimum requirements of the County of Roanoke Stormwater Management Design Manual. Plot plans associated with site development plans that were previously approved using a different survey datum shall use the datum of the approved site development plans. Plot plans for development that disturbs less than 10,000 square feet on lots of one acre or larger are exempt from the requirement to provide a topographic field survey, unless required by the Administrator;. 10. 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 11. 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 8.1-25 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. 26 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 shall include: 1. Plans and plot plans shall be designed from a current topographic field survey that is referenced to vertically to the North American Vertical Datum of 1988 (NAVD 88) and 27 horizontally to the North American Datum of 1983 (NAD 83 (2011)), the National Geodetic Vertical Datum 1988 and North American Datum 1983 and such plans shall be prepared by a licensed professional. The survey must meet the minimum requirements of the County of Roanoke Stormwater Management Design Manual. Plot plans associated with site development plans that were previously approved using a different survey datum shall use the datum of the approved site development plans. Plot plans for development that disturbs less than 10,000 square feet on lots of one acre or larger are exempt from the requirement to provide a topographic field survey, unless required by the Administrator; 2. Appropriate maps; 3. An appropriate soil and water plan inventory and management information with needed interpretations; and 4. 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. 28 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, the site design must comply with the International Building Code, Chapter 18, as amended, for foundation clearances from slopes. b. Development on steep slopes shall meet the requirements contained in the County of Roanoke Stormwater Management Design Manual. c. Concentrated stormwater flows shall be kept off steep slopes by water diversions placed at the top of the slope or by other means. Constructed steep slopes shall collect stormwater runoff on the slope by the provision of reverse benches placed at intervals not to exceed twenty (20) vertical feet with an adequate stormwater conveyance system to collect the stormwater and convey it to an adequate outfall at the bottom of the slope. No more than two reverse benches shall be required on any one parcel. d. An as-built plan consisting of a field survey certified by an appropriate design professional shall be submitted to the County of Roanoke for all constructed steep slopes that have a vertical height of twenty (20) feet or more. Additionally, all constructed steep slopes with a slope of 2:1 or steeper shall have a certified as-built plan regardless of vertical height, and constructed steep slopes with a slope of 2:5:1 or steeper but less than 2:1 shall have a certified as-built plan if the vertical height is five (5) feet or greater. 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, 29 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. a. The construction, installation, operation, and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation and their appurtenant structures, which are accomplished in compliance with § 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. b. The construction, installation, and maintenance by public agencies of storm drainagestorm drainage, water, and sewer lines. 3. c. 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.a. Temporary erosion and sediment control measures, provided that to the extent practical, as determined by the Administrator, the control measures shall be located outside of the stream buffer and disturbance impacts are minimized. Upon removal of the temporary measures, grading and plantings shall be provided to reestablish the stream buffer by restoring pre-development grades and providing appropriate plantings. 2.b.Water-dependent facilities, water wells, passive recreation access, such as 30 pedestrian trails and multi-use paths, historic preservation, and archaeological activities provided that all applicable federal, state, and local permits are obtained. 3.c. Storm drainage facilities necessary to drain to the stream, and stormwater management best management practices, provided that the disturbance to the buffer is minimized. 4.d.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.e. Selective removal of invasive plants and reestablishment of vegetative buffer using native plants. 6.f. 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.g.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.h.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 of Roanoke for review prior to July 27, 2021, are exempt from the requirements to protect and establish stream buffers. D. Finished floor elevations shall be included on all building plans submitted to the County of Roanoke. The County of Roanoke will verify finished floor elevations prior to building footing inspections and will submit in writing to the developer confirming compliance before the footing inspection takes place. The construction of single-family residences on parcels of one acre or larger are exempted from the requirement to provide a field survey, unless the Administrator determines that a field survey is required. Finished floor elevations shall be included on all building plans submitted to the County of Roanoke. The County of Roanoke will verify finished floor elevations prior to building footing inspections and will submit in writing to the developer confirming compliance before the footing inspection takes place. E. 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 31 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 5.18.1-12 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 complies with Section 30-90 of the County of Roanoke’s Zoning Ordinance and Chapter 8 of theits Stormwater Management Design Manualmeets 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 complies with Section 30-90 of the County of Roanoke’s Zoning Ordinance and Chapter 8 of theits Stormwater Management Design Manualmeets the County building permit plot plan requirements, and it shall be 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. Plot plans shall show positive drainage away from permanent structures and they shall be designed from a topographic field survey that indicates current site conditions. The field survey shall be referenced vertically to the North American Vertical Datum of 1988 (NAVD 88) and horizontally to the North American Datum of 1983 (NAD 83 (2011)), to the National Geodetic Vertical Datum 1988 and North American Datum 1983 and shall be prepared by a Licensed Professional. The survey must meet the minimum requirements of the Roanoke County of Roanoke Stormwater Management Design Manual. Development that disturbs less than 10,000 square feet on parcels of one acre or larger are exempted from the requirement to provide a field survey, unless the Administrator determines that a field survey is required. 32 4. 5. 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 of Roanoke’s opinion, it is necessary to properly protect downstream properties or the environment. 6.4. Section 8.1-14 PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGEWAYS A. Every person owning or leasing property through which a drainageway passes shall keep and maintain that part of the drainageway within the property free of trash, debris, yard wastes, and other obstacles that could pollute or contaminate the water in violation of Chapter 24 of the Roanoke County Code (the Illicit Discharge Ordinance of the County of Roanoke, Virginia). B. Every person owning or leasing property through which a drainageway passes shall keep and maintain that part of the drainageway within the property free of obstacles that could significantly retard the flow of water in violation of any public drainage easements. C. Every person owning or leasing property through which a drainageway passes may have additional responsibilities to maintain the functionality of the drainageway pursuant to other private laws or obligations (including, but not limited to, private easements, covenants, deed restrictions, and other recorded instruments). In such instances, Roanoke County lacks regulatory or enforcement authority over proper maintenance of the drainageway but urges compliance with such private laws or obligations. Section 8.1-15 NOTICE OF CONSTRUCTION COMMENCEMENT. The permittee shall notify the County of Roanoke within forty-eight hours of the prior to the commencement of land-disturbing activities. In addition, the permittee shall notify the County of Roanoke within forty-eight hours in advance of construction of critical components of a stormwater management facility. Section 8.1-16 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES; STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS. 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. 33 B. The operator shall submit a “Stormwater Management Facility Maintenance Agreement” that is executed by the property owner and 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. The maintenance agreement shall be binding on all subsequent property owners 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. D. The property owner of the site shall execute an access easement agreement, prior to plan approval, to provide for access to stormwater management facilities at reasonable times for periodic inspection by the County of Roanoke, or their contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Ordinance. The easement agreement shall be recorded in the County of Roanoke’s land records by the County of Roanoke, and it shall be binding on all subsequent property owners. E. A stormwater management facility that serves more than one parcel shall be located on its own, separate parcel. The landowners of each parcel served by the stormwater management facility shall be jointly and severally responsible for the maintenance of the stormwater management facility through a formal maintenance agreement with the County of Roanoke. F. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally bi nding arrangements, acceptable to the County of Roanoke, shall be made to pass the 34 responsibility to successors in title. These arrangements shall designate for each landowner, governmental agency, or other legally established entity to be permanently responsible for maintenance. G. As part of the maintenance agreement, a schedule shall be developed identifying anticipated routine maintenance, to be performed by the property owner, needed for proper function of the stormwater management facility. The maintenance agreement shall also include a schedule for periodic inspections, to be performed by the property owner, to ensure proper performance of the facility between scheduled routine maintenance activities, and it shall require repairs when needed for proper function of the SWMF. The maintenance agreement shall require that the property owner document routine maintenance, repair, and periodic inspection activities, maintain said documentation for five (5) years, and submit said documentation to the County of Roanoke, if requested. H. The maintenance agreement shall also include "failure to maintain" provisions. If maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the County of Roanoke reserves the authority to perform the necessary maintenance or repair work and to recover the costs from the property owner. Nothing in this Ordinance shall be construed to mean that the County of Roanoke has the responsibility to maintain privately-owned SWMFs. I. Prior to the release of the performance security or bond, the developer shall either (1) transfer the maintenance responsibilities of the stormwater management facilities to a Homeowners Association or (2) provide the County of Roanoke with a maintenance security. 1. Requirements for Transfer of Maintenance Responsibilities to the Homeowners Association (HOA) a. Submission of acceptable record drawings. b. Acceptable final inspection of the stormwater management facility by the County of Roanoke. c. Transfer of the necessary property to the HOA. d. Organize and hold a meeting attended by the developer, the County of Roanoke and members of the HOA. Provide evidence to the County of Roanoke that each member of the HOA was provided prior notice of the meeting. The meeting shall be held at a place and time convenient for members of the HOA. e. Provide a copy of the recorded documents establishing the Homeowners Association to the County of Roanoke. f. Provide the County of Roanoke with evidence that the Homeowners Association is funded. Minimum funding shall be based on the following schedule: 35 1 to 20 lots = $1,000 21 to 50 lots = $1,500 51 and over = $1500 + $30 per lot over 50 J. Requirements for Posting Maintenance Security. 1. The County of Roanoke shall require a maintenance guaranty in the amount of twenty (20%) percent of the construction costs of the stormwater management facility. 2. The maintenance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. 3. If the County of Roanoke takes such action upon such failure by the permittee, the County of Roanoke may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. 4. The maintenance agreement and security will be the responsibility of the permittee or owner until such time as the permittee or owner provides the County of Roanoke with the necessary requirements for Transfer of Maintenance Responsibilities to the Homeowners Association as outlined above in (1). Section 8.1-17 PERIODIC CONSTRUCTION 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 or executed agreement in lieu of an erosion and sediment control plan; 1.2.Compliance with the approved stormwater management plan or executed agreement in lieu of a stormwater management plan;; 2.3.Development, updating, and implementation of a pollution prevention plan; and 3.4.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. If the County of Roanoke inspections reveal any violations, the permittee shall be notified in writing of the nature of the violations and the required corrective actions. No additional 36 construction or land-disturbing activity near the violations shall proceed until the violations are corrected and all work previously completed has received approval from the County of Roanoke. The permittee is responsible for maintenance and repair for all stormwater management facilities during construction. D. The person responsible for implementing the approved stormwater management plan is required to provide adequate inspection monitoring and reports to ensure compliance with the approved plan, to determine whether the measures required in the plan provide effective stormwater management, and to allow the registered professional to certify the record documents in accordance with Section 8.1 -9 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN. All permittee inspections shall be documented, and written reports prepared that contain the following information: 1. The date and location of the permittee inspection. 2. Whether construction complies with the approved stormwater management plan. 3. Variations from the approved construction specifications. 4. Corrective actions that have been taken to correct previous violations. 5. Any violations that exist. 6. The name and signature of the person who performed the inspection. 7. The Permittee inspection documentation shall be organized chronologically and be stored with the SWPPP. E. If the County determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance Section 8.1-24 ENFORCEMENT of this Ordinance. 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. 37 Section 8.1-18 FINAL INSPECTION AND RECORD DOCUMENTATION. A. The permittee shall submit record drawings and supporting documentation for all stormwater management facilities and storm drainage systems associated with the project before final County of Roanoke inspection. Record drawings and supporting documents shall comply with the requirements contained in the County of Roanoke Stormwater Management Design Manual. Record drawings shall not be required where the Administrator does not require a formal maintenance agreement and access easement agreement for stormwater management facilities designed to treat stormwater runoff primarily from an individual single-family residential lot on which they are located. B. Receipt of record drawings and supporting documentation as required under this Chapter, final inspection and approval by the County of Roanoke, execution and recordation of maintenance agreement, and permit termination is required before the final release of performance securities. C. If it is determined from the record drawings, or inspections, that the storm drainage systems and the stormwater management facilities have not been constructed in accordance with the approved stormwater management plan, then corrective action will be taken to comply with the approved Plan or the permittee shall provide studies and information required by the County of Roanoke to demonstrate that the constructed system will function equivalent to the approved Stormwater Management Plan, and that all regulatory requirements are met. D. A supplemental digital file of the record drawings shall be submitted to the County of Roanoke for its use in maintaining public records. The supplemental digital file shall comply with the requirements contained in the County of Roanoke Stormwater Management Design Manual. Section 8.1-19 POST-CONSTRUCTION MAINTENANCE INSPECTIONS OF SWMFs. A. Following the completion and acceptance of construction, the property owner is responsible for the maintenance and repair of stormwater structures and stormwater management facilities. The property owner shall ensure that proper maintenance and repair of stormwater structures and stormwater management facilities occur, and that periodic inspection, maintenance, and repair are performed so that the structures and facilities operate properly. All inspection, maintenance, and repair activities, performed by the property owner shall be documented. Documentation shall be submitted to the County of Roanoke, if requested. B. Stormwater structures and stormwater management facilities that have recorded stormwater facility maintenance agreements shall be operated, inspected, maintained, and repaired by the property owner in conformance with the applicable performance requirements contained in the approved stormwater facility maintenance agreement. C. Any sStormwater structures and stormwater management facilities were required as a condition for parcel development. Therefore, they shall be operated, inspected, maintained, 38 and repaired by the property owner, as necessary, for proper operation of the structures and facilities even if there is no recorded stormwater facility maintenance agreement. The fFollowing are the minimum maintenance requirements for stormwater structures and stormwater management facilities are required for all SWMFs including those that do not have a recorded stormwater facility maintenance agreement: 1. Stormwater structures and stormwater management facilities shall be inspected and maintained or repaired as needed, by the property owner, after significant rainfall events that cause localized flooding, and at least annually. 2. All structures and slopes shall be kept in a safe condition. Stormwater sheet flow shall not be converted to concentrated flow by extending downspouts or other drains toward streets or property lines. Rain gardens, pervious pavement, and other stormwater management facilities shall not be removed or rendered inoperable. 3. Stormwater management facilities and stormwater conveyance systems shall be kept clear of grass clippings, cut brush, and other debris. 4. All pipes and structures shall be kept clean and clear of debris that could decrease flow capacity. 5. Sediment and silt that washes into stormwater management facilities shall be removed and properly disposed of when the sediment and silt build up to the point that they adversely impact the facility’s proper operation. 6. Trees and other woody plants shall be annually cut and removed from embankment slopes. 7. Trees and woody plants shall be cut and removed from non-embankment areas of a stormwater management facility as needed to avoid buildup of debris in the facility and to avoid a nuisance. Periodic cutting and brush removal shall occur at a frequency of at least once in three years. 8. Landscaping and grass cover shall be maintained for proper operation and erosion control. Replace landscaping as required. Repair erosion and replace grass cover as required. 9. Manufactured stormwater management facilities shall be maintained as recommended by the manufacturer. 10. Additional maintenance activities shall be performed, as needed, to maintain proper operation. D. In addition to the inspections performed by the property owner, permanent stormwater management facilities are subject to periodic and documented inspections by the County 39 of Roanoke to determine if such facilities are adequately maintained and functioning. If the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the County of Roanoke shall notify the property owner by registered or certified mail. The notice shall specify the measures needed to comply and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to correct the violation, the County of Roanoke, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the property owner. E. If stormwater management facility inspection requires entry into a confined space, or special equipment or training, then the County of Roanoke may hire licensed professionals to perform the inspection, or it may require the property owner to hire a licensed professional to perform the inspection. The cost for any licensed professionals to perform the required inspection shall be paid by or recovered from the owner. F. 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 C 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 dir ection 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. G. The County of Roanoke will conduct post-construction inspections of privately-owned stormwater management facilities pursuant to the County of Roanoke’s developed, and State Board’s approved inspection program and will inspect each stormwater management facility at least once every five (5) years. For 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, such facilities 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 8.1-20 RECORDS OF SWMF INSPECTION, MAINTENANCE, AND REPAIR. A. Property owners responsible for the operation and maintenance of stormwater management facilities shall keepmake records of all inspections, maintenance, and repairs, and shall retain the records for at least five (5) years. B. Upon request from the County of Roanoke, property owners shall provide copies of records documenting property owner inspections, maintenance, and repairs. Section 8.1-21 HEARINGS. 40 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 atSupervisors 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 8.1-22 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 8.1-23 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 41 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 8.1-24 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. 42 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 mayAdministrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with Subsection 5.7.C8.1-24Cthis Ordinance. 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 8.1-25 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); 43 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 of Roanoke 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 44 Sheriff’s Office may also deliver the summons. The summons shall contain the following information: i.a. The name and address of the person charged. ii.b. The nature of the violation and chapter provision(s) being violated. iii.c. The location, date, and time that the violation occurred, or was observed. iv.d. The amount of the civil penalty assessed for the violation. v.e. The manner, location, and time that the civil penalty may be paid to the County of Roanoke. vi.f. 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 of Roanoke 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. 2. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the County of Roanoke shall cause the sheriff of the County of Roanoke 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 of Roanoke 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. a. 3. The remedies proviided 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. b. 3.c. 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. 45 4.d. 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. 5.e. 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 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 of Roanoke may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (bB)(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (bB) or (eE). 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 46 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 8.1-26 FEES. A. Fees to cover costs associated with plan and plat reviews shall be imposed in accordance with Table 1. Table 1: Fees for plan and plat reviews Fee Type Fee Small Plat Review (Less than 5 parcels) $25.00 Large Subdivision Review (5 or more parcels) $350.00 + $75.00 per lot Site Plan Review $755.00 + $75.00 per disturbed acre Erosion & Sediment Control Review: 2,500 - 4,999 square feet of disturbance $25.00 5,000 - 9,999 square feet of disturbance $50.00 ≥ 10,000 square feet of disturbance $350.00 + $75.00 per disturbed acre Stormwater Management Agreement Administration Fee $90.00 Second & Subsequent Renewals of Annual Permits (Erosion and Sediment Control, Site Plan, and/or Large Subdivision Development Permits) $750.00 (Due July 1st every year) Vacations (Plats, Easements, & Rights-of-Way) $150.00 + $600.00 advertising fee Technology Fee 5% fee on all permit issuing fees (to be imposed on every transaction processed by the County of Roanoke’s Department of Development Services & Department of Planning & Zoning related to applications for development, rezoning, construction, etc.) A.B. 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 12. [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 47 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 12. Table 12: 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 applicant” (based on 28% of total fee paid*) Chesapeake Bay Preservation Act 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 - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre.) $290 $81 General /Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 Acres) $2,700 $756 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 5 acres and less than 10 acres) $3,400 $952 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 10 acres and less than 50 acres) $4,500 $1,260 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 50 acres and less than 100 acres) $6,100 $1,708 48 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 100 acres) $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.C. Fees for the modification or transfer of registration statements from the general permit issued by the department shall be imposed in accordance with Table 23. If the general permit modifications result in changes to stormwater management plans that require additional review by [Locality]the County of Roanoke, such reviews shall be subject to the fees set out in Table 23. 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 12. Table 23: 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 - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre) $20 General/Stormwater Management - Small Construction Activity/Land 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 acres) $200 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 5 acres and less than 10 acres) $250 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 10 acres and less than 50 acres) $300 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 50 acres and less than 100 acres) $450 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 100 acres) $700 49 C.D. The following annual Annual permit maintenance fees shall be imposed in accordance with Table 34, 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 34: Permit Maintenance Fees Type of Permit Fee Amount Chesapeake Bay Preservation Act - 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) $50 General/Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre) $50 General/Stormwater Management - Small Construction Activity/Land 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 acres) $400 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 5 acres and less than 10 acres) $500 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 10 acres and less than 50 acres) $650 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 50 acres and less than 100 acres) $900 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 100 acres) $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 automaticall y continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a Notice of Termination is effective. D.E. The fees set forth in Subsections A B through C D 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. 50 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.F. Permit and permit coverage maintenance fees outlined under Section 8.1-265 Section 5.8 may apply to each general permit holder. F.G. No general permit application fees will be assessed to: 1. Permittees who request minor modifications to general permits as defined in Section 1.28.1-2 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 orRoanoke or errors related to the acreage of the site. G.H. 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 shallRoanoke shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. Section 8.1-27 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 mayRoanoke 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. 51 2. This ordinance shall be effective immediately upon adoption. 1 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, 2 of less than five percent, or (iii) other regulated land disturbing activities that disturb between 2,500 square feet and 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. “Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or topsoil removal. “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. 3 “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. “Constructed steep slopes” mean steep slopes that are created or made steeper by construction activities. “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 4 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. “Drainageway” means a route or course along which water moves or may move to drain an area, which includes natural watercourses, storm sewers, gutters, manmade channels, and other natural or manmade drainage paths. “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 5 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. “Geotechnical Report” means a report prepared by a professional engineer that communicates site conditions; and recommends design, construction methods, and construction inspection. 1. The geotechnical report shall include information as determined by a professional engineer, or as required by the administratorAdministrator, as follows: 6 a. Summary of all subsurface exploration data, including subsurface soil profile; b. Exploration logs, laboratory or in situ test results, and groundwater information; c. Interpretation and analysis of the subsurface data; d. Specific engineering recommendations for design, construction, and construction inspection; e. Discussion of conditions for solution of anticipated problems; and f. Recommended geotechnical special provisions. 2. The professional engineer may refer to the applicable sections of the “Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications” contained in the U. S. Department of Transportation, Federal Highway Administration Publication No. FHWA ED-88-053, latest edition. 3. When required, the geotechnical report shall be submitted and approved by the County of Roanoke prior to the issuance of a permit. “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, except that the term shall not include those exemptions specified in Section 8.1-7.B. of this Ordinance.. 7 “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. 8 “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. 9 “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. “Plot plan” means a detailed drawing that shows the existing layout of a property and any proposed improvements and meets the requirements of the County of Roanoke’s Zoning Ordinance (County of Roanoke Code Section 30-100-1). “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 10 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. 11 “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 w ater 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. 12 “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 13 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 facility maintenance agreement” means a legally binding agreement between the owner of a property and the County of Roanoke regarding long-term maintenance of stormwater management facilities. “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 14 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 15 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 consi dered 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. 16 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 of Roanoke’s subdivision and zoning ordinances wherein such apply to the development and subdivision of land within the County of Roanoke or where such apply to development on previously subdivided land within the County of Roanoke. 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 8.1-1 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. The County of Roanoke will utilize the policies, criteria, and information contained within its Stormwater Management Design Manual for proper implementation of the requirements of this chapter. This manual will be periodically updated subject to the authorization and approval of the Board of Supervisors by resolution. 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. 17 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 18 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 and shall provide adequate studies or other documentation. 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 studies or other 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 exception from 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 Management HandbookBMP 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. 19 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; 20 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. 21 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; 22 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. 3. No application for land-disturbing activity will be approved unless it includes a stormwater management plan or agreement in lieu of a stormwater management plan, as required by this Ordinance, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. 4. Submittal, review, approval, and resubmittal of stormwater management plans, and agreements in lieu of stormwater management plans shall comply with the requirements set forth in this Ordinance and the County of Roanoke Stormwater Management Design Manual. 23 5. A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. 6. Stormwater management facilities include all storm drain structures, storm drain pipes, culverts, open channels, BMPs, and all other facilities used to convey, control, or treat stormwater 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; 24 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. Plans and plot plans shall be designed from a current topographic field survey that is referenced to the National Geodetic Vertical Datum 1988 vertically to the North American Vertical Datum of 1988 (NAVD 88) and horizontally to the North American Datum of 1983 (NAD 83 (2011)), and such plans shall be prepared by a licensed professional. The survey must meet the minimum requirements of the County of Roanoke Stormwater Management Design Manual. Plot plans associated with site development plans that were previously approved using a different survey datum shall use the datum of the approved site development plans. Plot plans for development that disturbs less than 10,000 square feet on lots of one acre or larger are exempt from the requirement to provide a topographic field survey, unless required by the Administrator;. 10. 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 11. 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 8.1-25 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. 25 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 shall include: 1. Plans and plot plans shall be designed from a current topographic field survey that is referenced to vertically to the North American Vertical Datum of 1988 (NAVD 88) and 26 horizontally to the North American Datum of 1983 (NAD 83 (2011)), the National Geodetic Vertical Datum 1988 and North American Datum 1983 and such plans shall be prepared by a licensed professional. The survey must meet the minimum requirements of the County of Roanoke Stormwater Management Design Manual. Plot plans associated with site development plans that were previously approved using a different survey datum shall use the datum of the approved site development plans. Plot plans for development that disturbs less than 10,000 square feet on lots of one acre or larger are exempt from the requirement to provide a topographic field survey, unless required by the Administrator; 2. Appropriate maps; 3. An appropriate soil and water plan inventory and management information with needed interpretations; and 4. 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. 27 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, the site design must comply with the International Building Code, Chapter 18, as amended, for foundation clearances from slopes. b. Development on steep slopes shall meet the requirements contained in the County of Roanoke Stormwater Management Design Manual. c. Concentrated stormwater flows shall be kept off steep slopes by water diversions placed at the top of the slope or by other means. Constructed steep slopes shall collect stormwater runoff on the slope by the provision of reverse benches placed at intervals not to exceed twenty (20) vertical feet with an adequate stormwater conveyance system to collect the stormwater and convey it to an adequate outfall at the bottom of the slope. No more than two reverse benches shall be required on any one parcel. d. An as-built plan consisting of a field survey certified by an appropriate design professional shall be submitted to the County of Roanoke for all constructed steep slopes that have a vertical height of twenty (20) feet or more. Additionally, all constructed steep slopes with a slope of 2:1 or steeper shall have a certified as-built plan regardless of vertical height, and constructed steep slopes with a slope of 2:5:1 or steeper but less than 2:1 shall have a certified as-built plan if the vertical height is five (5) feet or greater. 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, 28 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. a. The construction, installation, operation, and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation and their appurtenant structures, which are accomplished in compliance with § 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. b. The construction, installation, and maintenance by public agencies of storm drainagestorm drainage, water, and sewer lines. 3. c. 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.a. Temporary erosion and sediment control measures, provided that to the extent practical, as determined by the Administrator, the control measures shall be located outside of the stream buffer and disturbance impacts are minimized. Upon removal of the temporary measures, grading and plantings shall be provided to reestablish the stream buffer by restoring pre-development grades and providing appropriate plantings. 2.b.Water-dependent facilities, water wells, passive recreation access, such as 29 pedestrian trails and multi-use paths, historic preservation, and archaeological activities provided that all applicable federal, state, and local permits are obtained. 3.c. Storm drainage facilities necessary to drain to the stream, and stormwater management best management practices, provided that the disturbance to the buffer is minimized. 4.d.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.e. Selective removal of invasive plants and reestablishment of vegetative buffer using native plants. 6.f. 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.g.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.h.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 of Roanoke for review prior to July 27, 2021, are exempt from the requirements to protect and establish stream buffers. D. Finished floor elevations shall be included on all building plans submitted to the County of Roanoke. The County of Roanoke will verify finished floor elevations prior to building footing inspections and will submit in writing to the developer confirming compliance before the footing inspection takes place. The construction of single-family residences on parcels of one acre or larger are exempted from the requirement to provide a field survey, unless the Administrator determines that a field survey is required. Finished floor elevations shall be included on all building plans submitted to the County of Roanoke. The County of Roanoke will verify finished floor elevations prior to building footing inspections and will submit in writing to the developer confirming compliance before the footing inspection takes place. E. 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 30 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 5.18.1-12 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 complies with Section 30-90 of the County of Roanoke’s Zoning Ordinance and Chapter 8 of theits Stormwater Management Design Manualmeets 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 complies with Section 30-90 of the County of Roanoke’s Zoning Ordinance and Chapter 8 of theits Stormwater Management Design Manualmeets the County building permit plot plan requirements, and it shall be 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. Plot plans shall show positive drainage away from permanent structures and they shall be designed from a topographic field survey that indicates current site conditions. The field survey shall be referenced vertically to the North American Vertical Datum of 1988 (NAVD 88) and horizontally to the North American Datum of 1983 (NAD 83 (2011)), to the National Geodetic Vertical Datum 1988 and North American Datum 1983 and shall be prepared by a Licensed Professional. The survey must meet the minimum requirements of the Roanoke County of Roanoke Stormwater Management Design Manual. Development that disturbs less than 10,000 square feet on parcels of one acre or larger are exempted from the requirement to provide a field survey, unless the Administrator determines that a field survey is required. 31 4. 5. 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 of Roanoke’s opinion, it is necessary to properly protect downstream properties or the environment. 6.4. Section 8.1-14 PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGEWAYS A. Every person owning or leasing property through which a drainageway passes shall keep and maintain that part of the drainageway within the property free of trash, debris, yard wastes, and other obstacles that could pollute or contaminate the water in violation of Chapter 24 of the Roanoke County Code (the Illicit Discharge Ordinance of the County of Roanoke, Virginia). B. Every person owning or leasing property through which a drainageway passes shall keep and maintain that part of the drainageway within the property free of obstacles that could significantly retard the flow of water in violation of any public drainage easements. C. Every person owning or leasing property through which a drainageway passes may have additional responsibilities to maintain the functionality of the drainageway pursuant to other private laws or obligations (including, but not limited to, private easements, covenants, deed restrictions, and other recorded instruments). In such instances, Roanoke County lacks regulatory or enforcement authority over proper maintenance of the drainageway but urges compliance with such private laws or obligations. Section 8.1-15 NOTICE OF CONSTRUCTION COMMENCEMENT. The permittee shall notify the County of Roanoke within forty-eight hours of the prior to the commencement of land-disturbing activities. In addition, the permittee shall notify the County of Roanoke within forty-eight hours in advance of construction of critical components of a stormwater management facility. Section 8.1-16 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES; STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS. 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. 32 B. The operator shall submit a “Stormwater Management Facility Maintenance Agreement” that is executed by the property owner and 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. The maintenance agreement shall be binding on all subsequent property owners 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. D. The property owner of the site shall execute an access easement agreement, prior to plan approval, to provide for access to stormwater management facilities at reasonable times for periodic inspection by the County of Roanoke, or their contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Ordinance. The easement agreement shall be recorded in the County of Roanoke’s land records by the County of Roanoke, and it shall be binding on all subsequent property owners. E. A stormwater management facility that serves more than one parcel shall be located on its own, separate parcel. The landowners of each parcel served by the stormwater management facility shall be jointly and severally responsible for the maintenance of the stormwater management facility through a formal maintenance agreement with the County of Roanoke. F. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally bi nding arrangements, acceptable to the County of Roanoke, shall be made to pass the 33 responsibility to successors in title. These arrangements shall designate for each landowner, governmental agency, or other legally established entity to be permanently responsible for maintenance. G. As part of the maintenance agreement, a schedule shall be developed identifying anticipated routine maintenance, to be performed by the property owner, needed for proper function of the stormwater management facility. The maintenance agreement shall also include a schedule for periodic inspections, to be performed by the property owner, to ensure proper performance of the facility between scheduled routine maintenance activities, and it shall require repairs when needed for proper function of the SWMF. The maintenance agreement shall require that the property owner document routine maintenance, repair, and periodic inspection activities, maintain said documentation for five (5) years, and submit said documentation to the County of Roanoke, if requested. H. The maintenance agreement shall also include "failure to maintain" provisions. If maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the County of Roanoke reserves the authority to perform the necessary maintenance or repair work and to recover the costs from the property owner. Nothing in this Ordinance shall be construed to mean that the County of Roanoke has the responsibility to maintain privately-owned SWMFs. I. Prior to the release of the performance security or bond, the developer shall either (1) transfer the maintenance responsibilities of the stormwater management facilities to a Homeowners Association or (2) provide the County of Roanoke with a maintenance security. 1. Requirements for Transfer of Maintenance Responsibilities to the Homeowners Association (HOA) a. Submission of acceptable record drawings. b. Acceptable final inspection of the stormwater management facility by the County of Roanoke. c. Transfer of the necessary property to the HOA. d. Organize and hold a meeting attended by the developer, the County of Roanoke and members of the HOA. Provide evidence to the County of Roanoke that each member of the HOA was provided prior notice of the meeting. The meeting shall be held at a place and time convenient for members of the HOA. e. Provide a copy of the recorded documents establishing the Homeowners Association to the County of Roanoke. f. Provide the County of Roanoke with evidence that the Homeowners Association is funded. Minimum funding shall be based on the following schedule: 34 1 to 20 lots = $1,000 21 to 50 lots = $1,500 51 and over = $1500 + $30 per lot over 50 J. Requirements for Posting Maintenance Security. 1. The County of Roanoke shall require a maintenance guaranty in the amount of twenty (20%) percent of the construction costs of the stormwater management facility. 2. The maintenance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. 3. If the County of Roanoke takes such action upon such failure by the permittee, the County of Roanoke may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. 4. The maintenance agreement and security will be the responsibility of the permittee or owner until such time as the permittee or owner provides the County of Roanoke with the necessary requirements for Transfer of Maintenance Responsibilities to the Homeowners Association as outlined above in (1). Section 8.1-17 PERIODIC CONSTRUCTION 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 or executed agreement in lieu of an erosion and sediment control plan; 1.2.Compliance with the approved stormwater management plan or executed agreement in lieu of a stormwater management plan;; 2.3.Development, updating, and implementation of a pollution prevention plan; and 3.4.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. If the County of Roanoke inspections reveal any violations, the permittee shall be notified in writing of the nature of the violations and the required corrective actions. No additional 35 construction or land-disturbing activity near the violations shall proceed until the violations are corrected and all work previously completed has received approval from the County of Roanoke. The permittee is responsible for maintenance and repair for all stormwater management facilities during construction. D. The person responsible for implementing the approved stormwater management plan is required to provide adequate inspection monitoring and reports to ensure compliance with the approved plan, to determine whether the measures required in the plan provide effective stormwater management, and to allow the registered professional to certify the record documents in accordance with Section 8.1 -9 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN. All permittee inspections shall be documented, and written reports prepared that contain the following information: 1. The date and location of the permittee inspection. 2. Whether construction complies with the approved stormwater management plan. 3. Variations from the approved construction specifications. 4. Corrective actions that have been taken to correct previous violations. 5. Any violations that exist. 6. The name and signature of the person who performed the inspection. 7. The Permittee inspection documentation shall be organized chronologically and be stored with the SWPPP. E. If the County determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance Section 8.1-24 ENFORCEMENT of this Ordinance. 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. 36 Section 8.1-18 FINAL INSPECTION AND RECORD DOCUMENTATION. A. The permittee shall submit record drawings and supporting documentation for all stormwater management facilities and storm drainage systems associated with the project before final County of Roanoke inspection. Record drawings and supporting documents shall comply with the requirements contained in the County of Roanoke Stormwater Management Design Manual. Record drawings shall not be required where the Administrator does not require a formal maintenance agreement and access easement agreement for stormwater management facilities designed to treat stormwater runoff primarily from an individual single-family residential lot on which they are located. B. Receipt of record drawings and supporting documentation as required under this Chapter, final inspection and approval by the County of Roanoke, execution and recordation of maintenance agreement, and permit termination is required before the final release of performance securities. C. If it is determined from the record drawings, or inspections, that the storm drainage systems and the stormwater management facilities have not been constructed in accordance with the approved stormwater management plan, then corrective action will be taken to comply with the approved Plan or the permittee shall provide studies and information required by the County of Roanoke to demonstrate that the constructed system will function equivalent to the approved Stormwater Management Plan, and that all regulatory requirements are met. D. A supplemental digital file of the record drawings shall be submitted to the County of Roanoke for its use in maintaining public records. The supplemental digital file shall comply with the requirements contained in the County of Roanoke Stormwater Management Design Manual. Section 8.1-19 POST-CONSTRUCTION MAINTENANCE INSPECTIONS OF SWMFs. A. Following the completion and acceptance of construction, the property owner is responsible for the maintenance and repair of stormwater structures and stormwater management facilities. The property owner shall ensure that proper maintenance and repair of stormwater structures and stormwater management facilities occur, and that periodic inspection, maintenance, and repair are performed so that the structures and facilities operate properly. All inspection, maintenance, and repair activities, performed by the property owner shall be documented. Documentation shall be submitted to the County of Roanoke, if requested. B. Stormwater structures and stormwater management facilities that have recorded stormwater facility maintenance agreements shall be operated, inspected, maintained, and repaired by the property owner in conformance with the applicable performance requirements contained in the approved stormwater facility maintenance agreement. C. Any sStormwater structures and stormwater management facilities were required as a condition for parcel development. Therefore, they shall be operated, inspected, maintained, 37 and repaired by the property owner, as necessary, for proper operation of the structures and facilities even if there is no recorded stormwater facility maintenance agreement. The fFollowing are the minimum maintenance requirements for stormwater structures and stormwater management facilities are required for all SWMFs including those that do not have a recorded stormwater facility maintenance agreement: 1. Stormwater structures and stormwater management facilities shall be inspected and maintained or repaired as needed, by the property owner, after significant rainfall events that cause localized flooding, and at least annually. 2. All structures and slopes shall be kept in a safe condition. Stormwater sheet flow shall not be converted to concentrated flow by extending downspouts or other drains toward streets or property lines. Rain gardens, pervious pavement, and other stormwater management facilities shall not be removed or rendered inoperable. 3. Stormwater management facilities and stormwater conveyance systems shall be kept clear of grass clippings, cut brush, and other debris. 4. All pipes and structures shall be kept clean and clear of debris that could decrease flow capacity. 5. Sediment and silt that washes into stormwater management facilities shall be removed and properly disposed of when the sediment and silt build up to the point that they adversely impact the facility’s proper operation. 6. Trees and other woody plants shall be annually cut and removed from embankment slopes. 7. Trees and woody plants shall be cut and removed from non-embankment areas of a stormwater management facility as needed to avoid buildup of debris in the facility and to avoid a nuisance. Periodic cutting and brush removal shall occur at a frequency of at least once in three years. 8. Landscaping and grass cover shall be maintained for proper operation and erosion control. Replace landscaping as required. Repair erosion and replace grass cover as required. 9. Manufactured stormwater management facilities shall be maintained as recommended by the manufacturer. 10. Additional maintenance activities shall be performed, as needed, to maintain proper operation. D. In addition to the inspections performed by the property owner, permanent stormwater management facilities are subject to periodic and documented inspections by the County 38 of Roanoke to determine if such facilities are adequately maintained and functioning. If the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the County of Roanoke shall notify the property owner by registered or certified mail. The notice shall specify the measures needed to comply and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to correct the violation, the County of Roanoke, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the property owner. E. If stormwater management facility inspection requires entry into a confined space, or special equipment or training, then the County of Roanoke may hire licensed professionals to perform the inspection, or it may require the property owner to hire a licensed professional to perform the inspection. The cost for any licensed professionals to perform the required inspection shall be paid by or recovered from the owner. F. 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 C 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 dir ection 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. G. The County of Roanoke will conduct post-construction inspections of privately-owned stormwater management facilities pursuant to the County of Roanoke’s developed, and State Board’s approved inspection program and will inspect each stormwater management facility at least once every five (5) years. For 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, such facilities 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 8.1-20 RECORDS OF SWMF INSPECTION, MAINTENANCE, AND REPAIR. A. Property owners responsible for the operation and maintenance of stormwater management facilities shall keepmake records of all inspections, maintenance, and repairs, and shall retain the records for at least five (5) years. B. Upon request from the County of Roanoke, property owners shall provide copies of records documenting property owner inspections, maintenance, and repairs. Section 8.1-21 HEARINGS. 39 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 atSupervisors 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 8.1-22 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 8.1-23 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 40 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 8.1-24 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. 41 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 mayAdministrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with Subsection 5.7.C8.1-24Cthis Ordinance. 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 8.1-25 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); 42 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 of Roanoke 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 43 Sheriff’s Office may also deliver the summons. The summons shall contain the following information: i.a. The name and address of the person charged. ii.b. The nature of the violation and chapter provision(s) being violated. iii.c. The location, date, and time that the violation occurred, or was observed. iv.d. The amount of the civil penalty assessed for the violation. v.e. The manner, location, and time that the civil penalty may be paid to the County of Roanoke. vi.f. 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 of Roanoke 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. 2. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the County of Roanoke shall cause the sheriff of the County of Roanoke 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 of Roanoke 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. a. 3. The remedies proviided 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. b. 3.c. 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. 44 4.d. 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. 5.e. 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 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 of Roanoke may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (bB)(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (bB) or (eE). 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 45 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 8.1-26 FEES. A. Fees to cover costs associated with plan and plat reviews shall be imposed in accordance with Table 1. Table 1: Fees for plan and plat reviews Fee Type Fee Small Plat Review (Less than 5 parcels) $25.00 Large Subdivision Review (5 or more parcels) $350.00 + $75.00 per lot Site Plan Review $755.00 + $75.00 per disturbed acre Erosion & Sediment Control Review: 2,500 - 4,999 square feet of disturbance $25.00 5,000 - 9,999 square feet of disturbance $50.00 ≥ 10,000 square feet of disturbance $350.00 + $75.00 per disturbed acre Stormwater Management Agreement Administration Fee $90.00 Second & Subsequent Renewals of Annual Permits (Erosion and Sediment Control, Site Plan, and/or Large Subdivision Development Permits) $750.00 (Due July 1st every year) Vacations (Plats, Easements, & Rights-of-Way) $150.00 + $600.00 advertising fee Technology Fee 5% fee on all permit issuing fees (to be imposed on every transaction processed by the County of Roanoke’s Department of Development Services & Department of Planning & Zoning related to applications for development, rezoning, construction, etc.) A.B. 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 12. [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 46 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 12. Table 12: 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 applicant” (based on 28% of total fee paid*) Chesapeake Bay Preservation Act 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 - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre.) $290 $81 General /Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 Acres) $2,700 $756 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 5 acres and less than 10 acres) $3,400 $952 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 10 acres and less than 50 acres) $4,500 $1,260 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 50 acres and less than 100 acres) $6,100 $1,708 47 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 100 acres) $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.C. Fees for the modification or transfer of registration statements from the general permit issued by the department shall be imposed in accordance with Table 23. If the general permit modifications result in changes to stormwater management plans that require additional review by [Locality]the County of Roanoke, such reviews shall be subject to the fees set out in Table 23. 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 12. Table 23: 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 - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre) $20 General/Stormwater Management - Small Construction Activity/Land 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 acres) $200 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 5 acres and less than 10 acres) $250 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 10 acres and less than 50 acres) $300 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 50 acres and less than 100 acres) $450 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 100 acres) $700 48 C.D. The following annual Annual permit maintenance fees shall be imposed in accordance with Table 34, 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 34: Permit Maintenance Fees Type of Permit Fee Amount Chesapeake Bay Preservation Act - 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) $50 General/Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 acre) $50 General/Stormwater Management - Small Construction Activity/Land 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 acres) $400 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 5 acres and less than 10 acres) $500 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 10 acres and less than 50 acres) $650 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 50 acres and less than 100 acres) $900 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 100 acres) $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 automaticall y continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a Notice of Termination is effective. D.E. The fees set forth in Subsections A B through C D 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. 49 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.F. Permit and permit coverage maintenance fees outlined under Section 8.1-265 Section 5.8 may apply to each general permit holder. F.G. No general permit application fees will be assessed to: 1. Permittees who request minor modifications to general permits as defined in Section 1.28.1-2 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 orRoanoke or errors related to the acreage of the site. G.H. 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 shallRoanoke shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. Section 8.1-27 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 mayRoanoke 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. Page 1 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 23, 2025 Confirmation of appointments to the Community Policy and Management Team (CPMT); Economic Development Authority (By District) Rhonda D. Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: ISSUE: DISCUSSION: Community Policy and Management Team: Economic Development Authority (By District): FISCAL IMPACT: Page 2 of 2 There is no fiscal impact associated with these appointments.. STAFF RECOMMENDATION: Staff recommends confirmation of the above appointments. Page 1 of 2 A T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2025 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 23, 2025, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 inclusive, as follows: 1. Approval of minutes – September 9, 2025 2. Ordinance to appropriate funds in the amount of $70,806.73 from the Commonwealth of Virginia for the County of Roanoke Department of Social Services for fiscal year 2026 and adding one Family Services Supervisor - Child Protective Services to the Classification and Pay Plan. (Second Reading) 3. The petition of Aila Boyd to obtain a special use permit to operate a short- term rental on approximately 0.5 acre of land zoned R-1, Low Density Residential District, located at 3352 Colonial Avenue, Cave Spring Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 4. The petition of Hotel Shift Capital, LLC to obtain a special use permit to construct 100+ multi-family dwelling units on approximately 3.35 acres of land zoned C-2, High Intensity Commercial District, located at 6510 and 6520 Thirlane Road, Catawba Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 5. The petition of WRV Properties, LLC, to rezone approximately 25.3 acres from ARS, Agricultural/Residential District with special use permit, to I-1, Low Intensity Industrial District, and to obtain a special use permit to operate a construction yard located at 3233 Catawba Valley Drive, Catawba Magisterial Page 2 of 2 District. (First Reading and Request for Second Reading and Public Hearing.) 6.The petition of Hamlar Properties, LLC, to rezone approximately 3.8 acres from AR, Agricultural/Residential District, to AV, Agricultural/Village Center District, and obtain a special use permit to construct a multi-f amily development located at 3037 and 3133 Rutrough Road, Vinton Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 7.Request to accept and allocate funds in the amount of $81,362.56 for phone bill payments related to the NextGen911 PSA P grant. 8.Ordinance to accept and appropriate grant funds in the amount of $497,400 from the Virginia Department of Fire Program s for the Aid to Localities Funds (VDFP). (First Reading and Request for Second Reading) 9.Request to accept and allocate the grant funds in the amount of $187,735.00 from the Department of Motor Vehicles for the purpose of Selective Enforcement. Page 1 of 5 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first regularly scheduled meeting of the month of September 2025. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. Before the meeting was called to order, an invocation/a moment of silence was observed. The Pledge of Allegiance was recited by all present. A. OPENING CEREMONIES 1. Roll Call Present: Supervisors Hooker, North, Mahoney, Shepherd, Radford Absent: None Staff Present: Richard L. Caywood, County Administrator; Rebecca Owens, Deputy County Administrator; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Rhonda D. Perdue, Chief Deputy Clerk to the Board Staff Absent: Doug Blount, Assistant County Administrator; Madeline Hanlon, Community Engagement Director B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Caywood stated he had two requests. First, to add as item I.1, a work session on the East Roanoke River Greenway; and second, to add as item J.1, a Closed Session pursuant to 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. This will then lead into item K. Certification Resolution. No objections were made to the addition of items; the agenda was amended as requested. Roanoke County Board of Supervisors Minutes September 9, 2025 – 2:00 p.m. Page 2 of 5 C. FIRST READINGS OF ORDINANCES Action No. 090925-1 Item C.1 1. Ordinance to appropriate funds in the amount of $70,806.73 from the Commonwealth of Virginia for the County of Roanoke Social Services for fiscal year 2026 and adding one Family Services Supervisor Child Protective Services to the Classification and Pay Plan. (Susan Goad, Director of Social Services) (First Reading and Request for Second Reading) Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading for September 23, 2025. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None Action No. 090925-2 Item C.2 2. Ordinance amending Chapter 8.1 (EROSION AND STORMWATER MAGAGEMENT PROGRAM) of the Roanoke County Code. (Peter S. Lubeck, County Attorney) (First Reading and Request for Second Reading) Supervisor North moved to approve the first reading of this ordinance and scheduling the second reading for September 23, 2025. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None D. SECOND READING OF ORDINANCE Action No. 090925-3 Item D.1 1. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the lease financing of various capital projects for the County and authorizing the leasing of certain County-owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and finance lease and other related actions. (Laurie Gearheart, Director of Finance and Management Services) (Second Reading) Supervisor North moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None Page 3 of 5 E. CONSENT AGENDA Action No. 090925-4.a-c Item E.1-3 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 Action No. 090925-4.a Item E.1 1. Approval of minutes – August 19, 2025 Action No. 090925-4.b Item E.2 2. Ordinance to accept and appropriate grant funds in the amount of $64,979 from the Office of Emergency Medical Services (with a local match of $64,979 for a total of $129,958) to the Grant Fund, to transition emergency management dispatch guide cards to an electronic format. (Second Reading) Action No. 090925-4.c Item E.3 3. Ordinance to accept and appropriate grant funds in the amount of $161,252 from the Virginia Opioid Abatement Authority along with local matches of $164,100 from the Opioid Abatement Settlement Funds received by Roanoke County. (Second Reading) Supervisor Mahoney moved to adopt all matters on the consent agenda. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None F. CITIZENS' COMMENTS AND COMMUNICATIONS This time has been set aside for Roanoke County citizens, County property owners, and County business owners to address the Board on matters of interest or concern. While the Board desires to hear from all who desire to speak, this agenda item is limited to a duration of 30 minutes, Each individual speaker shall be afforded 3 minutes to speak. No citizens were present. G. REPORTS Action No. 090925-5 Item G.1-2 1. Unappropriated Balance, Board Contingency and Capital Reserves Report Page 4 of 5 2. Outstanding Debt Report Supervisor Mahoney moved to receive and file the reports that have been included with the agenda under Item G. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None H. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. Tammy E. Shepherd 3. Phil C. North 4. Martha B. Hooker 5. David F. Radford Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. I. WORK SESSION 1. Work Session on the East Roanoke River Greenway. (Megan Cronise, Assistant Director of Planning) J. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 090925-6 1. Closed Session pursuant to 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. Supervisor Radford moved to go to closed session. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None K. CERTIFICATION RESOLUTION Action No. 090925-7 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 Page 5 of 5 lawfully permitted to be discussed under the Virginia Freedom of Information Act were discussed. Supervisor Mahoney moved to adopt the certification resolution. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None L. ADJOURNMENT Action No. 090925-8 Supervisor Hooker moved to adjourn the meeting. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Hooker, North, Mahoney, Shepherd, Radford Nays: None Submitted by: Approved by: __________________________ __________________________ Richard L. Caywood David F. Radford Clerk to the Board of Supervisors Chairman Page 1 of 2 ACTION NO. ITEM NO. G.2 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 identified as requiring one additional supervisor position. There have been no changes since the first reading held on September 9, 2025. FISCAL IMPACT: The annual cost for the new Family Services Supervisors-Child Protective Services position with benefits is approximately $105,022. The Compensation Board reimbursement is approximately 85%. There are currently 20.7 payrolls remaining in this fiscal year so the FY2026 impact is estimated to be $83,302.03.The Compensation Board will reimburse the County $70,806.73 and the supplemental funding required for the Child Protective Services Supervisor positions of $12,495.30 will be reallocated from the Roanoke County General Fund employee benefits account as needed and based on the hiring date of the new position. The appropriation of funds will be effective after the second reading of the ordinance on September 23, 2025. Staff anticipates the vacancy to be filled during the fall of 2025. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2025 ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $70,806.73 FROM THE COMMONWEALTH OF VIRGINIA FOR THE COUNTY OF ROANOKE DEPARTMENT OF SOCIAL SERVICES FOR FISCAL YEAR 2026 AND ADDING ONE FAMILY SERVICES SUPERVISOR - CHILD PROTECTIVE SERVICES TO THE CLASSIFICATION AND PAY PLAN WHEREAS, the Commonwealth of Virginia added additional funding in the amount of $7,810,512 for 60 new Child Protective Service (CPS) Workers and 12 new CPS Supervisor positions to enable local departments to expand their CPS programs; and WHEREAS, for Roanoke County, the fiscal year 2026 budget of the Commonwealth of Virginia includes one new Family Services Supervisor – Child Protective Services position for the County’s Department of Social Services; this position was approved by the 2025 General Assembly for FY2026 to assist with the ratio of workers to supervisors; and WHEREAS, the annual cost for the new supervisor position, with benefits, is approximately $105,022. The Compensation Board reimbursement is approximately 85%. There are currently 20.7 payrolls remaining in this fiscal year so the FY2026 impact is estimated to be $83,302.03, with a Compensation Board reimbursement of $70,806.73 ; and WHEREAS, the supplemental funding of $12,495.30 will be reallocated from the Roanoke County General Fund employee benefits account, as needed, and based upon the hiring date of the new position; 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 September 9, 2025, and the second reading was held on September 23, 2025. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the approximate sum of $70,806.73 is hereby accepted, as anticipated future reimbursements, from the Commonwealth and appropriated for the funding of the new Family Services Supervisor – Child Protective Services position for the Department of Social Services. 2. That the County’s supplemental funding responsibility in the amount of approximately $12,495.30 will be reallocated from the Roanoke County General Fund employee benefits account, as needed, and based on the hiring date of the new position. 3. A Family Services Supervisor – Child Protective Services is added to the County’s Classification and Pay Plan. 4. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. G.3 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 28, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Welcome to The House on the Hill We’re so happy to host you at The House on the Hill! This space has been thoughtfully set up to offer comfort, convenience, and a few peaceful spots to recharge or get things done. Whether you're here for work or leisure, we want your stay to be as smooth and enjoyable as possible. To help with that, we ask that you treat our home like your own—with care and consideration. Arrival & Departure • Check-in: 4 p.m. or later • Check-out: By 10 a.m. • Please use the exterior basement steps to enter the guest suite. You’ll be staying in the lower-level guest suite of the home—your host lives upstairs on the first floor, so you may occasionally hear everyday household sounds, but you’ll have your own private entrance and space. Parking Parking is available for up to two vehicles near the guest entrance. Please note that parking can be a bit tight, but you’re welcome to turn around at the top of the hill for easier entry and exit. The house is located on Colonial Avenue, which can be a busy road at times. Please use extra caution when pulling out, especially during peak hours. The bank in front of the house is trimmed to help improve visibility, but we still recommend pulling out carefully. If you’re anxious about turning left, you may find it more comfortable to turn right and loop around using a nearby street or traffic light. Your Space Your private guest suite includes: • Two bedrooms: o A larger bedroom with a queen-size bed and two large closets o A smaller bedroom with a twin bed and gym equipment, including a treadmill, kettlebells, yoga mat, and jump rope • One full bathroom • A laundry area for guest use • A small kitchen area with a mini fridge, microwave, and coffeemaker • A dining area where meals should be enjoyed • Workspaces with desks, ideal for remote work or study • A projector for film screenings and cozy movie nights Outdoor Features • Guests are welcome to enjoy the backyard seating area, perfect for morning coffee or evening unwinding. For a more secluded escape, head up to the upper backyard, a peaceful wooded sanctuary that offers a quiet place to reflect or connect with nature. • You may notice some of the residents—rabbits, chipmunks, squirrels, deer, and a variety of birds are often seen around the property. Feel free to enjoy watching them from a respectful distance. • We ask that you please be mindful of our neighbors on either side while enjoying the outdoor areas—especially during early mornings or evenings. Keeping noise to a minimum helps ensure a peaceful environment for everyone. • An outdoor griddle is available if you’d like to prepare meals outside—please follow the instructions provided and be sure to clean it after use. Quiet Hours Please respect quiet hours between 10 p.m. and 6 a.m. to help maintain a peaceful environment for everyone in and around the home. Cleanliness & Respect We ask that guests leave the space in good condition: • Avoid leaving moldy dishes, trash overflow, or stains. • Cleaning fees cover standard turnover tasks only (laundry, vacuuming, general sanitizing). • Trash should be placed in designated bins. If any damage occurs that goes beyond normal wear and tear, please let us know right away. We appreciate guests who communicate promptly and work with us to find fair solutions. Reasonable reimbursement may be requested for broken or missing items or unexpected cleaning costs. What’s Not Allowed • No smoking • No pets • No events or parties 3352 Colonial Avenue - Aerial Map Maxar, Microsoft, Roanoke County, VA 2023, Roanoke County 8/13/2025, 11:46:37 AM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:926 R1 R1 R1 R1 R1 R1R1 R1 R1R1 R1 R1 3352 Colonial Avenue - Zoning Map Roanoke County Zoning R1 8/13/2025, 11:45:37 AM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:926 NC 3352 Colonial Avenue - Future Land Use Map Roanoke County Future Land Use Neighborhood Conservation 8/13/2025, 11:44:19 AM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:926 Page 1 of 2 ACTION NO. ITEM NO. G.4 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 28, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 County of Roanoke Community Development Planning & Zoning For Staff Use Only 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540)772-2068 FAX (540) 776-7155 ALL APPLICANTS Check type of application filed (check all that apply) □Rezoning □ Special Use □ Variance □ Waiver □ Administrative Appeal □Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: Cell #: Email: Contact for Legal Ads Owner’s name/address w/zip REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). IF NO, A VARIANCE IS REQUIRED FIRST VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) Appeal of Zoning Administrator’s decision to APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE R/S/W/CP V/AA R/S/W/CP V/AA R/S/W/CP V/AA I hereby certify that I am either the owner of the property or the owner’s agent or contract purchaser and am acting with the knowledge and consent f the owner. Owner’s Signature Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners Date received: Received by: Application fee: PC/BZA date: Placards issued: BOS date: Case Number Khushi & Khushbu, LLC 6520 Thirlane Road Roanoke, VA 24019 x Hotel Shift Capital, LLC 1 Cowboys Way - Suite 270 Frisco, TX 75034 Multi-Family Dwelling C2S - High Intensity Commercial District with Special Use Permit Catawba6510 Thirlane Road Roanoke, VA 24019 037.10-01-10.00-0000 3.34 Motel C2 - High Intensity Comm. District Peters Creek Community Plan n/a x x Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 9/8/2025 3 Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue . Hotel Shift Capital, LLC See attached narrative See attached narrative See attached narrative Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 6 ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site l. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant Date CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or impos ed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: n/a x x x x x x x x x x x x x x x x Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 9/8/2025 7 Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses:  Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units  Restaurant (with or without drive-through windows)  Gas station/Convenience store/Car wash  Retail shop/Shopping center  Offices (including: financial institutions, general, medical, etc.)  Regional public facilities  Educational/Recreational facilities  Religious assemblies  Hotel/Motel  Golf course  Hospital/Nursing home/Clinic  Industrial site/Factory  Day care center  Bank  Non-specific use requests Road Network Situations:  Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc)  For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly  When required to evaluate access issues  Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.)  Development in an area where there is a known existing traffic and/or safety problem  Development would potentially negatively impact existing/planned traffic signal(s)  Substantial departure from the Community Plan  Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 8 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Name of Petition Petitioner’s Signature Date Hotel Shift Capital, LLC Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 9/8/2025 P a g e 1 | 6 REZONING NARRATIVE On behalf of the applicant (Contract Purchaser), Hotel Shift Capital, LLC, we are providing this narrative as justification to support the attached special use permit application. This request is for a special use permit (SUP) for one (1) existing Roanoke County Tax Parcel identified as 037.10-01-10.00-0000 located at 6520 Thirlane Road NW. Existing Zoning: C2 – High Intensity Commercial District Proposed Zoning: C2S – High Intensity Commercial District with Special Use Permit Proposed Special Use Permit Use: Multi-Family Dwelling The applicant is excited to reimage this property from its former use as a motel. The applicant understands the history of the property and is committed to investing in the parcel and Roanoke County to change the narrative for the future! The plan is not to maintain the property as it is or create low-quality apartments, but to transform it entirely—physically, operationally, and reputationally—into a safe, attractive, and functional residential community aligned with Roanoke County’s vision for redevelopment and quality housing. We understand the history of this property and the skepticism of neighbors who fear repeating the past. This application is a commitment to change that narrative completely by delivering superior security, rigorous management, high-quality design, and a strong brand identity supported by experienced partners. Applicant Background: About Hotel Shift Capital: Hotel Shift Capital is a specialized real estate investment and development firm focused exclusively on converting underperforming hotels into high-quality multifamily housing. • Expertise: Our team combines decades of experience in hotel operations, multifamily property management, and construction oversight, giving us a unique advantage in adaptive reuse projects. • Track Record: Currently engaged in five hotel conversion projects nationwide, each designed to meet rigorous standards for safety, design, and operational excellence. • Learn More: https://hotelshift.capital Ownership & Strategic Backing: Hotel Shift Capital is partially owned and capitalized by Patel Family Office, one of the most respected names in U.S. hospitality. • 6th Largest Hotel Owner in the Country: Patel Family Office holds ownership stakes in over 400 hotels across the United States, spanning major brands and markets. • Hospitality Expertise: Their decades of experience in large-scale hotel operations give Hotel Shift unmatched insight into structural layouts, building systems, and renovation efficiencies that most developers lack. Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 P a g e 2 | 6 Why This Matters for Roanoke County: This project is not speculative. It is backed by institutional-grade expertise and operational strength, ensuring the highest probability of success. Our unique combination of: • Hotel industry knowledge, • Multifamily management proficiency, and • Construction execution capability This project positions us to transform a long-problematic property into a community asset for decades to come. Property and Agreement Background: Property Background & Current Condition: The parcel proposed for the special use permit currently contains multiple buildings including two (2) motel buildings and one (1) office building. There are miscellaneous supporting improvements on-site including parking areas, access from Thirlane Road, etc. The property is bounded by the public right of way of Peters Creek Road (Route 117) to the south and the public right of way of Thirlane Road (Route 626) to the east, existing C2 district Hotel property to the west, and existing vacant C2 district building and parking area to the north. The site generally slopes from north to south to the right of way of Peters Creek Road. The final site design will comply with all applicable stormwater management and stormwater quality regulations. The property, formerly operating as Knights Inn, is well-known in Roanoke for its negative history: • Crime Hotspot: From 2018–2020, authorities responded to 1,100+ service calls, including 350 criminal offenses, of which 153 were drug-related. The site was linked to drug distribution and human trafficking, including minors, prompting federal forfeiture proceedings led by the U.S. Attorney’s Office in 2022. • Safety Incidents: In December 2020, a violent robbery occurred on-site, underscoring its reputation as a magnet for illegal activity and unsafe conditions. • Physical Decline: Years of neglect left the property in poor condition, with outdated systems, inadequate lighting, unkempt landscaping, and substandard accommodations. We acknowledge these concerns and share the community’s desire to prevent history from repeating itself. Our proposal is a comprehensive solution to eliminate past problems and replace them with stability, quality, and security. Overall Project Vision: We will convert the existing structure into a fully renovated, high-quality workforce housing development. This is not affordable housing in the traditional sense, but modern workforce housing designed for residents who work in and contribute to the Roanoke economy. • +/- 105 total units including one (1) bedroom and efficiency units • Target Rents: $900–$1,100/month, inclusive of utilities and internet. • Unit Mix: Efficient studios (~288 sq. ft.) and 1-bedroom units (mid-500 sq. ft.). Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 P a g e 3 | 6 • Target Residents: Teachers, healthcare workers, service industry employees, and others seeking quality, attainable housing close to major employment nodes. Due Diligence Completed: To demonstrate our readiness and seriousness: • Preliminary Feasibility Analysis: Completed to validate structural integrity and market demand. • Phase I Environmental Site Assessment: Performed to confirm the absence of recognized environmental conditions. • Conceptual Design Renderings: Developed to illustrate modernized building façades and improved landscaping. Property Management Plan: • Professional local management team with industry-standard practices. • Strict screening with credit and criminal background checks for tenants. • On-site presence of maintenance personnel and encouraged residency for management staff Community Benefits: • Public Safety: Permanent elimination of a site historically associated with crime. • Neighborhood Renewal: Enhances property values and removes visual blight. • Housing Solutions: Provides modern workforce housing for local employees. • Economic Impact: Generates local jobs during construction and ongoing property operations while expanding the County’s tax base. • Accountability and responsiveness. Improvements Summary: This is a full-scale transformation, every aspect of the property will be modernized. No surface or system will remain untouched. Please see attached Exhibit A for site improvements to the parking area, landscaping, etc. We have also provided Exhibit B/B1 which provide a snapshot of our vision for the exterior of the buildings. Additional narrative is provided below which outlines the intent and attention to detail with the proposed improvements. Interior Renovation & Unit Rehabilitation • Complete renovation of every unit, including removal of all existing drywall, flooring, ceilings, fixtures, and casework. • Mold remediation and moisture testing to ensure healthy indoor environments. • Installation of new drywall, flooring, windows, doors, and energy-efficient HVAC units in every apartment. • Full electrical and plumbing upgrades, including new panels, wiring, and fixtures. • Modern kitchens with cabinets, appliances, and countertops. • Updated bathrooms with water-saving fixtures, new tubs/showers, and tile finishes. • Each former hotel room will undergo a full renovation, including demolition to the studs and replacement of all major building components. The process will include: Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 P a g e 4 | 6 Demolition & Remediation: • Removal of all existing interior partitions, drywall, flooring, ceilings, fixtures, and millwork. • Mold remediation and moisture testing to ensure healthy indoor environments before rebuilding. Structural & Envelope Upgrades: • Installation of new framing adjustments where required for kitchens and baths. • Replacement of all windows and doors with energy-efficient, double-pane models. • Upgraded insulation throughout to meet or exceed current energy code standards. Mechanical, Electrical & Plumbing (MEP) Systems: • Complete rewiring of electrical systems, installation of new panels, and increased circuit capacity for modern appliances. • Full plumbing overhaul, including new water supply lines, waste lines, and fixture installations. • New HVAC systems in each unit for efficient heating and cooling (no shared or old PTAC units). Kitchens: • Brand-new kitchens with: o Custom cabinetry o Solid-surface or quartz countertops o Energy-efficient appliance package (refrigerator, range, microwave hood) o Modern lighting and backsplash finishes Bathrooms: • Complete remodel with: o New tubs or walk-in showers o Low-flow faucets and showerheads o New vanities, mirrors, lighting, and ceramic tile finishes o Exhaust fans for proper ventilation Finishes & Fixtures: • Premium vinyl plank flooring throughout units for durability and style. • Freshly painted walls with neutral, contemporary tones. • Decorative baseboards and trim details for a polished look. • Modern lighting packages including ceiling fixtures and energy-efficient bulbs. This approach ensures that the converted apartments feel like brand-new construction, not retrofitted motel rooms Exterior Enhancements & Community Spaces • Façade modernization, updated rooflines, and architectural accents. • Full parking lot rehabilitation with ADA compliance and new striping. Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 P a g e 5 | 6 • Strategic landscaping plan: removal of dense brush and installation of ornamental, low- maintenance greenery for aesthetic buffering without compromising visibility. • Addition of community amenities such as a fitness center, resident lounge, and outdoor courtyard. Security & Controlled Access: One of the most critical improvements will be gated controlled access supported by advanced security technology. Benefits of Controlled Access: 1. Restricted Entry: Only verified residents and authorized guests can access the property. 2. Electronic Tracking: Key-fob systems log every entry, creating a verifiable record that enhances accountability. 3. Deterrent Effect: Unauthorized visitors and potential criminal activity are discouraged by physical barriers and monitoring systems. 4. Resident Safety: Controlled access communities consistently report higher satisfaction and retention rates due to enhanced security. 5. Operational Integration: The system syncs with property management software, allowing instant revocation of access for non-compliant tenants. Additional measures include: • 24/7 Surveillance Cameras, • Uniform LED Lighting, and • Defensible Landscaping to maintain sightlines and eliminate hiding spots. Traffic Vehicular access is anticipated to be from Thirlane Road (Route 626) from the existing access point. This is a shared access point with the adjacent Waffle House restaurant. This existing access point served the former motel and will be the single access point from the multi-family community. A trip generation summary has been provided in the table below outlining similar traffic volumes overall and during peak hours as the existing motel use with the proposed multi-family dwelling use. Trip Generation Land Use AM Peak Hour PM Peak Hour Weekday Proposed Development ITE Code Independent Variable Enter Exit Total Enter Exit Total Total Motel (Existing Use) 320 120 Rooms 15 26 41 22 18 40 405 Multi-Family Dwelling Affordable Housing (Proposed Use) 223 105 Units 15 38 54 32 22 54 531 Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 P a g e 6 | 6 Public Services This project will be served by public water and sanitary sewer utilities owned and maintained by the Western Virginia Water Authority. There are existing public water and sanitary sewer utilities adjacent to the property that the project will connect to. The development of the property is not expected to have a significant impact on public schools, parks/recreation, or fire and rescue. Comprehensive Development Plan Roanoke County’s Comprehensive Plan identifies the Future Land Use of this property as Core. The proposed special use request is consistent with this Future Land Use designation. The proposed high- intensity commercial zoning designation identifies multi-family as a by right use with a commercial component, however this project does not include one as previously stated. The project is compatible with adjacent land uses as a high intensity multi-family project adjacent to commercial uses including, hotels, restaurant, and Interstate 581. The proposed request is consistent with the Zoning Ordinance, which indicates that: “High-intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the County’s population…Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the Comprehensive Plan.” The recently adopted Peters Creek Community Plan as part of the “200 Roanoke County” Comprehensive Plan outlines many of the existing conditions and reflect recommendations for implementation for the next 15 years within this community. This project supports these efforts by utilizing existing property and redeveloping instead of expanding with a new development on a vacant parcel. The project also maintains the base zoning district and no changes are proposed as part of the project to this district. The location of this site along Interstate 581 will also further the Economic Development initiatives by providing additional housing opportunities located within Roanoke County that will serve additional residents of Roanoke County and the business community with supportive housing options. Summary In summary, the proposed special use permit request is consistent with the goals and initiatives of Roanoke County and consistent with the Future Land Use of this property. This request will allow for an existing motel property to be redeveloped into an appropriate active use that will support the housing options and shortage for Roanoke County along a major arterial corridor. It also represents a complete reinvention of a distressed asset into a secure, attractive, and well-managed multifamily community. Backed by Patel Family Office—the 6th largest hotel owner in the United States—and Hotel Shift’s specialized expertise, this project is designed for long-term success and community benefit. Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 EXISTING SHARED ACCESS DRIVE AISLE EXISTING ACCESS EXISTING BUILDING 1 ±52 UNITS EXISTING BUILDING 2 ±52 UNITS EXISTING BUILDING 3 ±1 UNIT EX. VEGETATION EX. VEGETATION 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 LDS LDS BTC 9/8/2025 1" = 30' 65 2 0 T H I R L A N E R O A D - M U L T I - F A M I L Y R E D E V E L O P M E N T CO N C E P T P L A N 65 2 0 T H I R L A N E R O A D RO A N O K E C O U N T Y , V A EX-A R0068307.00PROJECT NO. REVISIONS SCALE DATE CHECKED BY DESIGNED BY DRAWN BY Roanoke / Richmond New River Valley Shenandoah Valley a Westwood Company balzer.cc | westwoodps.com PRE L I M I N A R Y Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT BUILDING 2 SCHEMATIC RENDERING (EXHIBIT B) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08(TYPICAL FOR BOTH BUILDING 1 & 2) Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT BUILDING 2 CONCEPTUAL EXTERIOR ELEVATION (EXHIBIT B1) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08(TYPICAL FOR BOTH BUILDING 1 & 2) 0'32'16'8'4'64' 1/16" Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT BUILDING 2 SCHEMATIC EXTERIOR ELEVATION (EXHIBIT B2) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08(TYPICAL FOR BOTH BUILDING 1 & 2) 0'32'16'8'4'64' 1/16" Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 UTILITYUTILITY 1BR (Type 1) 1BR (Type 2) EFF (Type 2) EFF (Type 1) 1BR (Type 3) NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT BUILDING 2 SCHEMATIC FIRST FLOOR PLAN (EXHIBIT B3) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08(TYPICAL FOR BOTH BUILDING 1 & 2) 0'32'16'8'4'64' 1/16" 1BR (Type 1)331 SF 1BR (Type 2)421 SF 1BR (Type 3)386 SF 1BR (Type 4)375 SF EFF (Type 1)318 SF EFF (Type 2)262 SF Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 UTILITYUTILITY 1BR (Type 2) NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT BUILDING 2 SCHEMATIC SECOND FLOOR PLAN (EXHIBIT B4) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08(TYPICAL FOR BOTH BUILDING 1 & 2) 0'32'16'8'4'64' 1/16" Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT CLUBHOUSE SCHEMATIC RENDERING (EXHIBIT B5) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08 Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 101102103104 105 106 EXISTING WALLS/PARTITIONS TO REMAIN, TYPICAL NEW WINDOWS & DOORS, TYPICAL NEW PILASTERS AND BRICK VENEER, TYPICAL KI T C H E N E T T E 101 MANAGER APARTMENT 102 LEASING / MANAGEMENT OFFICE 103 COMMUNITY ROOM 104 MEETING ROOM 105 RESTROOM 106 RESTROOM NOT FOR CONSTRUCTION Roanoke Office NOT TO SCALE © 2025 Balzer & Associates, Inc. 0068307.00 6520 THIRLANE ROAD - MULTI-FAMILY REDEVELOPMENT CLUBHOUSE SCHEMATIC NEW WORK FLOOR PLAN (EXHIBIT B6) 6520 THIRLANE ROAD ROANOKE, VIRGINIA 2025-09-08 Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 WPS Job #R0068307.00 Dated 07-21-2025 a Westwood Company 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 www.balzer.cc Roanoke Richmond New River Valley Shenandoah Valley En v i s i o n i n g T o m o r r o w , D e s i g n i n g T o d a y METES AND BOUNDS DESCRIPTION OF AREA TO BE REZONED BEING ALL OF ROANOKE COUNTY TAX MAP PARCEL ID 037.10-01-10.00-0000, PER PLAT RECORDED AT INSTRUMENT #201400848 IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA BEGINNING AT AN IRON PIN ON THE SOUTHWEST LINE OF THIRLANE ROAD, BEING THE MOST EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE DEPARTING THE SOUTHWEST LINE OF THIRLANE ROAD, S46°09'22"W A DISTANCE OF 123.37 FEET TO AN IRON PIN; THENCE S30°44'00"E A DISTANCE OF 130.56 FEET TO AN IRON PIN ON THE NORTHWEST LINE OF PETERS CREEK ROAD; THENCE ALONG THE NORTHWEST LINE OF PETERS CREEK ROAD, THE FOLLOWING TWO COURSES: S59°16'00"W A DISTANCE OF 177.13 FEET TO AN IRON PIN, S51°21'00"W A DISTANCE OF 116.53 FEET TO AN IRON PIN, BEING THE MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE DEPARTING THE NORTHWEST LINE OF PETERS CREEK ROAD, THE FOLLOWING FOUR COURSES: N35°51’40”W A DISTANCE OF 263.82 FEET TO A 30” SYCAMORE, N66°69’40”W A DISTANCE OF 176.44 FEET TO A 20” SYCAMORE, S69°42’05”W A DISTANCE OF 130.97 FEET TO AN 18” MAPLE, N58°17’40”W A DISTANCE OF 93.04 FEET TO AN IRON PIN, BEING THE MOST WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE THE FOLLOWING SIX COURSES: N84°04’56”E A DISTANCE OF 46.26 FEET TO A 46” ASH, N80°08’45”E A DISTANCE OF 263.34 FEET TO AN IRON PIN, N45°03’18”E A DISTANCE OF 52.19’ TO AN IRON PIN, N80°08’45”E A DISTANCE OF 220.55 FEET TO AN IRON PIN, S09°51’15”E A DISTANCE OF 30.00 FEET TO AN IRON PIN, N50°25’10”E A DISTANCE OF 180.58 FEET TO AN IRON PIN ON THE SOUTHWEST LINE OF THIRLANE ROAD, BEING THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE SOUTHWEST LINE OF THIRLANE ROAD, THE FOLLOWING TWO COURSES: S28°28’10”E A DISTANCE OF 70.24 FEET TO AN IRON PIN, S32°35’40”E A DISTANCE OF 87.19 FEET TO THE POINT OF BEGINNING. TOTAL AREA TO BE REZONED: 3.345 ACRES (145,732 SQ. FT.), MORE OR LESS. Docusign Envelope ID: EEDC94CD-0983-4C8A-8D34-70EA25186687 6520 Thirlane Rd. - Aerial Map Roanoke County, VA 2023, Roanoke County, Maxar 8/14/2025, 10:57:03 AM 0 0.04 0.090.02 mi 0 0.07 0.150.04 km 1:3,494 C1 C2C C2 C2 C2 C2 C2R2 C2 R2 C2 R2 R2S C2 C2 R2 R2 C2 R2S R2 R2 C2 C2 C1 C2 R2 C2C R2 C2C 6520 Thirlane Rd. - Zoning Map Roanoke County, VA 2023, Roanoke County, Maxar Zoning C1 C2 C2 R2 8/14/2025, 11:05:37 AM 0 0.04 0.090.02 mi 0 0.07 0.150.04 km 1:3,494 TR PI NC CO 6520 Thirlane Rd. - FLU Map Roanoke County, VA 2023, Roanoke County, Maxar Future Land Use Neighborhood Conservation Transition Core Principal Industrial 8/14/2025, 10:59:44 AM 0 0.04 0.090.02 mi 0 0.07 0.150.04 km 1:3,494 Page 1 of 2 ACTION NO. ITEM NO. G.5 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 28, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 3 Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue . 7 Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses:  Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units  Restaurant (with or without drive-through windows)  Gas station/Convenience store/Car wash  Retail shop/Shopping center  Offices (including: financial institutions, general, medical, etc.)  Regional public facilities  Educational/Recreational facilities  Religious assemblies  Hotel/Motel  Golf course  Hospital/Nursing home/Clinic  Industrial site/Factory  Day care center  Bank  Non-specific use requests Road Network Situations:  Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc)  For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly  When required to evaluate access issues  Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.)  Development in an area where there is a known existing traffic and/or safety problem  Development would potentially negatively impact existing/planned traffic signal(s)  Substantial departure from the Community Plan  Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 P a g e 1 | 5 REZONING AND SPECIAL USE PERMIT NARRATIVE On behalf of the applicant (Contract Purchaser), WRV Properties, LLC, we are providing this narrative as justification to support the attached rezoning and special use permit application. This request is to rezone one (1) existing Roanoke County Tax Parcel identified as 016.03-01-46.00-0000. Existing Zoning: ARS – Agricultural Residential District with Special Use Permit Proposed Zoning: I-1 Light Industrial District with conditions and Special Use Permit Proposed Rezoning Use: Retail and General Office Proposed Special Use Permit Use: Construction Yards The applicant is anticipating purchasing this property to maintain a portion of the existing recreational and club uses including the pool and ballfields, but most importantly relocating their business operations including retail, office, and construction services to the County of Roanoke. The narrative below provides details regarding the applicant, their vision for the property and National Pools, and justification to support Roanoke County’s vision for this land use rezoning and special exception request. Applicant & History National Pools of Roanoke, Inc. (NP) was founded in 1977 and has been in business for 48 years. We are a 3rd generation family-owned pool construction company that builds, renovates, and services custom concrete swimming pools and spas. Since our inception, National Pools has constructed nearly 1000 residential pools, 700 commercial pools, and renovated over 1000 swimming pools. We pride ourselves on the fact that more than 95% of our business comes from referrals or repeat customers. We also have the ability to perform over 90% of the work using our own workforce including gunite shotcrete. We are the primary concrete pool builder in southwest Virginia and provide service and retail sales to the entire state of Virginia and into West Virginia. NP is currently located on Melrose Avenue within the City of Roanoke. We have 32,900 sq. ft. of showroom, offices, and construction warehouse. The current space allows our company to keep a very large swimming pool inventory of products and construction equipment. Due to our large inventory, we are able to ship same day orders common carrier and can expedite/overnight parts or materials as needed for emergencies. We employ approximately 75 full-time employees and provide top-quality service in a timely manner. We have a dedicated Commercial Service Team on-call to meet the required demands for our facilities to prevent shutdowns and/or downtime. We are also the premier outdoor furniture supplier in SW Virginia having the most in-stock selection and widest variety in the area. The teamwork within our Company is due to the professional leadership of our long-time employees. National Pools of Roanoke, Inc. constructs high quality swimming pools and provides owners the support and service they will need in caring for and maintaining their pool over the years. As a family owned and operated company the customers are our #1 priority. Property Background: The parcel proposed to be rezoned is currently owned by the Moose Lodge for a variety of uses. The operations of the Moose Lodge ended in the fall of 2024 and the facility has officially closed its operations. The ordinance defines the current use as “Country Club”. Some of these previous uses will be maintained and continued from the previous including the pool and ball field uses. The existing buildings will be maintained/improved and expanded in a phased development approach to support NP and their operations. P a g e 2 | 5 A proffered conceptual site plan has been provided as Exhibit A to support and outline the proposed improvements on-site as part of the project. The property is bounded by the public right of way of Catawba Valley Drive (Route 311) to the west and private AR District zoned property to the north/south/east. Roanoke County operates Whispering Pines Park to the North and East as a public recreational area. The site generally slopes from East to West to Catawba Valley Road. The existing improvements are located throughout the site but concentrated on the Eastern portion of the site. The site eventually drains to the floodplain area and Mason Creek. Access & Traffic: Vehicular access is anticipated to utilize the existing private entrance from Route 311 (Catawba Valley Drive). Based on previous uses, we don’t anticipate additional public improvements within the public right of way of Route 311 are not anticipated to be required for access. Floodplain: This site is located within the Floodplain Overlay District of Roanoke County. There is existing FEMA defined 100-year floodplain located on the western portion of the site adjacent to Route 311 (Catawba Valley Road). This floodplain is located outside of any existing or proposed improvements except for the private drive connection to the site. Existing Utilities: The existing site is served by private sanitary sewer septic systems and private wells. These utilities will continue in place and no new public water/sanitary sewer utility connections are proposed at this time. Vision and Operation: This location is ideal for NP, not only because of its proximity to our personal residences, but it has the size in order for us to expand our operation. The existing pool facility aligns with a long-held vision we have had to operate a high-quality aquatic center. With our industry experience, we are fully prepared to renovate and restore the facility, as well as update to current swimming pool codes. This location is just minutes from Interstate 81, which makes it a convenient location for customers traveling throughout the region. It’s proximity to Whispering Pines Park, which already supports recreational activities, such as baseball strengthens the site’s potential as a swim facility. We, respectively, would like the opportunity to enhance this property, not only to support the growth of our business, but to contribute to the recreational environment in the area. As NP builds new pools each year, we must service more pools each year. Therefore, we must grow in order to keep up with the demand, requiring more employees, more inventory, more trucks, etc. We have outgrown our current five (5) acre property on Melrose Ave. and will need room for expansion in the near future. In addition, we have had interest in operating a pool facility for some time now. Over the years, we’ve been approached by many leaders in the swim community to collaborate on a new potential pool project. Given the limited availability of modern pool facilities in the Roanoke Valley, there is a demand for a pool that can serve the swim community, particularly a 50-meter pool, as the City of Roanoke currently has only one located at Fallon Park. Our objective is to expand our operations to grow our business, but National Pools’ vision is fostering and promoting all aspects of aquatic activities within the community. Our plan is to partner with local P a g e 3 | 5 organizations for swim lessons, training sessions and swim meets. By collaborating with local swim partners, we are creating a long-term benefit promoting safe and healthy swimming in the community. We feel this new property will give National Pools the opportunity to grow as a company and the ability to embark on a new pool facility venture. Pool Vision • Existing Pool: 40-year-old 6-lane 25-meter pool (5140 sq. ft.) 12’-6” deep end Condition: Needs a lot of work, good structure, needs new tile, coping, plaster, filtration updating and mechanical room modifications and improvements • Expansion: Add an additional 25 meters to create 6-lane long course 50-meter pool To serve the demand of the swim community that are lacking this size pool in Roanoke Lease to swim teams for summer swim competitive practice Lease out to learn-to-swim programs Maintain 12’-6” deep end for instructional diving and scuba diving training • Splash Pad: Future Splashpad addition potential to rent out for birthday parties and other events to pair with existing shaded pavilion. • Events: Host 2 to 3 local Swim Meets each summer As the majority of our business leaders are a part of the community, we recognize the importance of reestablishing the swim club for the community. Our initial goal is to restore the property to meet our business operational needs along with restoration of the pool to expand the use. Our initial focus will be partnerships with the swim community to foster safe and healthy swimming. As our business develops in the community and through collaboration with the community National Pools may consider offering “open public swim” but currently not in the business model. Ball Field Vision: To maintain and improve existing use. The property has the potential to have a nice baseball field that could be negotiated and/or rented out to travel teams who are lacking practice fields in the Roanoke area. The road leading to the ball field and pool house will need to be improved. New future parking areas may need to be established in that area. Construction Yard: Indoor Material Storage • Lumber / Plywood, Cements, Plaster Material, Tile & Grouts, PVC Fittings, Tools & Equipment, Shop Area Outdoor Material Storage: • Gravel, Sand, Steel (Rebar), PVC Pipe & Conduit, Stone (Pool Coping), Dumpsters, Filter Sand, Pool Salt Vehicles • +/- 35 Pick-up Trucks (Service-Body work trucks and vans) • +/- 10 Large Trucks (Dump Truck, 1-ton Trucks, Flatbed Trucks) P a g e 4 | 5 • +/-15 Trailers & Equipment Chemical Storage • 1600 sq. ft. of Main Chemical Warehouse Stabilized Chlorine, Calcium, Sodium Bicarbonate, Soda Ash, Algaecides, Clarifiers, etc. • 700 sq. ft. Chlorine Warehouse Un-stabilized chlorine: Calcium Hypochlorite • 300 sq. ft. Sodium Hypochlorite – Liquid Chlorine (Bleach) • 300 sq. ft. Muriatic Acid Project Phasing Phase 1 Building: Initially, the main building will be used for overflow storage and training facility. During this renovation and build-out period, we plan to create a training room to serve our company such as CPO (certified pool operator) training which we do in-house, as well as staff training and meeting space. This will temporarily give us room to expand our office space at our current location. The training facility could also serve the pool entity for lifeguard training, CPR, etc. Pool: We plan to renovate and expand the existing 25-meter pool to 50 meters to fill the demand of summer swim teams in the Roanoke Valley. The pool can also be used for training purposes for our employees, other facility pool operators, as well as lifeguard and CPO training. The intention is to lease out this facility to local swim teams and other aquatic programs. Site: During this period we plan to clean up the entire property and ensure the existing utilities are operational. The rear of the site may be used for some truck and equipment storage during this time. Phase 2 Moving National Pools: We anticipate a multi-year process of relocating a long standing business to this new location including the renovations and build-out necessary to house our four (4) departments at National Pools including Construction, Renovation, Service, and Retail. Comprehensive Development Plan Roanoke County’s Comprehensive Plan identifies the Future Land Use of this property as Rural Village. The proposed rezoning request builds in multiple components to support this Future Land Use designation. Rural Village focuses on many land uses but support this request with Outdoor Recreation and Small-Scale Commercial. As the proposed uses include light retail, general office, and recreational opportunities, all of these support the intentional Land Use node of Rural Village. P a g e 5 | 5 The recently adopted Mason’s Cove Community Plan as part of the “200 Roanoke County” Comprehensive Plan outlines many of the existing conditions and reflect recommendations for implementation for the next 15 years within this community. This project supports these efforts by utilizing existing facilities instead of expanding with new developments on vacant parcels. While this project is located on private property, there are opportunities for community groups to utilize the pool or ball field facilities as these are being maintained. Summary In summary, the proposed rezoning request is consistent with the goals and initiatives of Roanoke County and consistent with the Future Land Use of this property. This request will allow for the relocation of a new business to Roanoke County while maintaining an appropriate scale of a low impact commercial business. This location allows for an adaptive reuse utilizing existing buildings and expanding upon the old without improving vacant property. Proffered Condition to be Adopted: The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax Number 016.03-01-46.00-0000 1. The development of the property shall be in substantial conformance with the concept plan entitled “WRV Properties, LLC” dated 8/26/2025, prepared by Balzer and Associates, Inc. subject to those changes required by Roanoke County during its comprehensive site plan review. CA T A W B A V A L L E Y D R I V E PLUNK E T T R O A D N/F ROANOKE LODGE 284 LOYAL ORDER OF MOOSE EX. ZONING: ARS T.M.#:016.03-01-46.00-0000 ex. pool ex. ball field PROP. WAREHOUSE ADDITION ±6,700 SF ex. building ex. cell tower PROP. WAREHOUSE BLDG. ±20,000 SF ex.driv e w a y ex. access point 100 YEAR FLOOD PLAIN ex. pool house ex. pavilion PROP. OFFICE SPACE ADDITION ±5,400 SF PROP. POOL EXPANSION ±3,440 SF PROP. SPLASH PAD ±1,200 SF TYPE "D" LAN D S C A P E BUFFER PER S E C . 3 0 - 9 2 - 6 OPTION 1 - 5 0 ' B U F F E R CONSTRUCTION YARD EQUIPMENT PARKING AREA CONSTRUCTION YARD SCREENING FENCE CONSTRUCTION YARD W/SCREENING FENCE POOL AREA W/FENCE GATE TYPE "D" LANDSCAPE BUFFER PER SEC. 30-92-6 OPTION 1 - 50' BUFFER TY P E " D " L A N D S C A P E BU F F E R P E R S E C . 3 0 - 9 2 - 6 OP T I O N 1 - 5 0 ' B U F F E R PROPOSED POOL DECK EXPANSION GATE 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 CAN BTC BTC 08/26/2025 1" = 60' WR V P R O P E R T I E S , L L C CO N C E P T U A L S I T E P L A N 32 3 3 C A T A W B A V A L L E Y D R I V E RO A N O K E C O U N T Y , V I R G I N I A 2 4 1 5 3 EX-A R0070474.00 PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N PROJECT NO. REVISIONS SCALE DATE CHECKED BY DESIGNED BY DRAWN BY Roanoke / Richmond New River Valley Shenandoah Valley a Westwood Company balzer.cc | westwoodps.com SITE AND ZONING SUMMARY WPS Job #R0070474.00 Dated 07-22-2025 a Westwood Company 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 www.balzer.cc Roanoke Richmond New River Valley Shenandoah Valley En v i s i o n i n g T o m o r r o w , D e s i g n i n g T o d a y METES AND BOUNDS DESCRIPTION OF AREA TO BE REZONED BEING ALL OF ROANOKE COUNTY TAX MAP PARCEL ID 016.03-01-46.00-0000, PER LEGAL DESCRIPTION AND PLAT RECORDED AT DEED BOOK 1008, PAGE 464 IN THE CLERK’S OFFICE OF THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA BEGINNING AT AN IRON PIN ON THE EASTERLY RIGHT-OF-WAY LINE OF VIRGINIA STATE ROUTE 311, SAID PIN BEING S31°42’00”E A DISTANCE OF 601.17 FEET FROM A CONCRETE HIGHWAY MONUMENT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID VIRGINIA STATE ROUTE 311; THENCE DEPARTING THE EASTERLY LINE OF VIRGINIA STATE ROUTE 311, S86°33'00"E A DISTANCE OF 1,200.00 FEET TO AN IRON PIN; THENCE S76°03'00"E A DISTANCE OF 530.50 FEET TO AN IRON PIN; THENCE S04°45'00"E A DISTANCE OF 566.90 FEET TO AN IRON PIN; THENCE S85°15'00"W A DISTANCE OF 1,280.30 FEET TO AN IRON PIN ON THE EASTERLY RIGHT-OF- WAY LINE OF VIRGINIA STATE ROUTE 311; THENCE WITH THE EASTERLY RIGHT-OF-WAY LINE OF VIRGINIA STATE ROUTE 311, A CURVE TO THE LEFT WITH AN CHORD BEARING OF N22°56’45”W, A CHORD DISTANCE OF 302.85 FEET, A RADIUS OF 994.93 FEET FOR AN ARC DISTANCE OF 304.03 FEET TO A POINT; THENCE CONTINUING WITH THE EASTERLY RIGHT-OF-WAY LINE OF VIRGINIA STATE ROUTE 311, N31°42’00”W A DISTANCE OF 695.97 FEET TO THE POINT OF BEGINNING. TOTAL AREA TO BE REZONED: 25.255 ACRES (1,100,103 SQ. FT.), MORE OR LESS. Aerial Map - 3223 Catawba Valley Drive Roanoke County, VA 2023, Roanoke County, Maxar 8/14/2025, 9:48:58 AM 0 0.08 0.160.04 mi 0 0.1 0.20.05 km 1:6,153 AR AR AR AR AR AR AR AR AR AR AR AR AG1 AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR ARAR AR AR AR AR AR AR AR AR ARS AR ARAR AR AR ARAR AR AR AR AG1 AR AR AR AR AR AR AR AR AR AR AG1 AR AR AR AR AR AR AG1 AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AG1 AR AR AR AR AR AR AR AG1 AR AR AR AR AR AR AR AR AR Zoning Map - 3223 Catawba Valley Drive Roanoke County AG1 AR 8/14/2025, 9:52:16 AM Zoning 0 0.08 0.160.04 mi 0 0.1 0.20.05 km 1:6,153 RP RV Future Land Use Map - 3223 Catawba Valley Drive Roanoke County Future Land Use Rural Preserve Rural Village 8/14/2025, 9:53:33 AM 0 0.08 0.160.04 mi 0 0.1 0.20.05 km 1:6,153 Floodplain Map - 3223 Catawaba Valley Drive Roanoke County, VA 2023, Roanoke County, Maxar 10 ft Contour Floodway 100 Year Flood Plain 500 Year Flood Plain 8/20/2025, 11:09:35 AM 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:5,425 Page 1 of 2 ACTION NO. ITEM NO. G.6 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for October 28, 2025. . That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 3037, 3133, and 0 Rutrough Road - Aerial Map Roanoke County, VA 2023, Roanoke County, Maxar 6/17/2025, 12:57:16 PM 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,532 AG1 AR AR ARCS AR AR ARAR AR AR AR AR AR AR AR AR AG3 AR AR AR AG3 AG3 AR AR AR ARCS AR AR AR AG3 AG3 AR AR AR AR AR AR AR AR AR AR AR AR AR AR 3037, 3133, and 0 Rutrough Road - Zoning Map Roanoke County Zoning AG3AG1AR 6/17/2025, 1:00:19 PM 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,532 DE CN NC 3037, 3133, and 0 Rutrough Road - Future Land Use Map Roanoke County Future Land Use Conservation Development Neighborhood Conservation 6/17/2025, 1:01:45 PM 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,532 Page 1 of 2 ACTION NO. ITEM NO. G.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2025 AGENDA ITEM: Request to accept and allocate funds in the amount of $81,362.56 for phone bill payments related to the NextGen911 PSAP grant. SUBMITTED BY: Susan Slough Director of Emergency Communications APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and allocate additional funds in the amount of $81,362.56 to offset the increased costs of the Emergency Communications Department Next Generation 9 -1-1 (NextGen911) phone bills. BACKGROUND: The Emergency Communications Department (ECC) was awarded funding in 2021 by Virginia Department of Emergency Management (VDEM) to upgrade the Public Safety Answering Point (PSAP) NextGen911 technology and systems. Per the plan for this NextGen911 implementation, VDEM is to provide funding to each PSAP in the Commonwealth to cover the increase in phone bills for a two year period (solely for 9-1- 1 services). The funding allocated to Roanoke County for the phone bill increase totals $220,783.20. The original PSAP NextGen911 grant funding appropriated through Board Ordinance on July 27, 2021 included anticipated amounts for the phone bill increase. Due to the unexpected length of time to implement the full NextGen911 upgrades, the phone bill amount is higher than expected. As a result, the total grant award for this project has increased and needs an additional allocation. DISCUSSION: Staff is requesting the approval and allocation of additional Commonwealth funds Page 2 of 2 totaling $81,362.56. This amount is the difference between the phone bill payments being received from VDEM ($220,783.20) less the remaining amount previously appropriated ($139,420.64). The original PSAP NextGen911 grant funding was accepted and approved through Board Ordinance on July 27, 2021. Roanoke County ECC does not expect any further funding for this specific grant as the phone bill payments are the last piece of the NextGen911 upgrade. FISCAL IMPACT: No matching funds are required. The amount is 100% funded by the Commonwealth of Virginia (through VDEM). STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the additional funds in the amount of $81,362.56. Page 1 of 3 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 2021 AGENDA ITEM: Ordinance 1) accepting and appropriating $355,000.64 in grant funding from the Virginia Department of Emergency Management (VDEM) to the County's grant fund for technology upgrades to the County's NG9-1-1 Public Safety Answering Points (PSAP), and 2) reallocating $95,000 (from the Communications /IT administrative fund) and $65,959.32 (from the Communications shop fund) to the grant fund to further finance such technology upgrades SUBMITTED BY: Susan Slough Assistant Director of Communications andTechnology APPROVED BY: Daniel R. O’Donnell County Administrator ISSUE: Ordinance 1) accepting and appropriating funds in the amount of $355,000.64 from the Commonwealth of Virginia 9-1-1 Services Board (an award from the Virginia Department of Emergency Management) to the County's grant fund for technology upgrades to the County's NG9-1-1 Public Safety Answering Points (PSAP), and 2) reallocating $95,000 (from the Communications/ IT administrative fund) and $65,959.32 (from the Communications shop fund) to further finance such technology upgrades. BACKGROUND: The Virginia Department of Emergency Management (VDEM) is urging localities to update the technology of their phone systems to Next Generation 911 (NG9-1-1) technology, and the Commonwealth of Virginia 9-1-1 Services Board (Services Board) has awarded the County of Roanoke a total of $420,286.70 as outlined in the attached award letter. Of this amount, $65,286.06 was paid directly by the Services Board on behalf of the County of Roanoke which leaves a remaining balance of $355,000.64 in grant assistance for the remaining project costs. Page 2 of 3 The current phone system (Intrado 9-1-1 Viper) was installed in 2013 with an expected 7-year life span. Under this phone system, when an emergency call is made, the phone number used to make the call is associated with 1 place (such as a residence) and several people (such as the occupants of a residence). Conversely, when an emergency call is made through an NG 9-1-1 system, the phone number used to make the call is associated with 1 person and multiple locations (accounting for the differences between outdated telephone land-line technology and modern cellular phone technology). Replacement of the 9-1-1 phone system call handling equipment (CHE) with the new upgrade will be 9-1-1 compliant and is expected to again have a 7-year life span. DISCUSSION: Replacement of the 9-1-1 phone system call handling equipment (CHE) was planned as part of the Adopted FY 2022 - FY 2031 Capital Improvement Program. In FY 2023, the project was planned to receive $200,000 in grant funding and an additional $294,000 in County unrestricted cash, for a total project cost of $494,000 since the system was at the end of its expected useful life. County staff applied for the grant with the Virginia 9-1-1 Services Board to implement NG 9-1-1 technology, which includes replacement of Call Handling Equipment (CHE) in anticipation of the project. The grant has been approved earlier than anticipated which has expedited the timeline of the project. The grant includes $200,000 for the hardware cost of the CHE equipment, $15,000 for additional costs related to the connectivity of the equipment, and $140,000.64 to help offset the increase in operating costs through fiscal year 2023 for a total of $355,000.64 to be received by the County of Roanoke in the grant fund. The final cost to the County for the hardware equipment needed for the project is $360,959.32. The grant includes $200,000 for this expenditure leaving $160,959.32 to be funded by the County. This amount needs to be appropriated from unrestricted funds to complete the purchase of the new CHE hardware equipment. There have been no changes made to this agenda item since the first reading held on July 13, 2021. FISCAL IMPACT: $355,000.64 will be received in the grant fund. An additional $160,959.32 is needed to Page 3 of 3 complete the purchase of the new CHE hardware equipment. It is recommended $95,000 be reallocated from the Communications/IT administration fund to the grant fund, and the remaining $65,959.32 needed to complete the equipment replacement be reallocated from the Communications shop fund to the grant fund (to collectively finance the project). STAFF RECOMMENDATION: Staff recommends approval of this ordinance. COMMONWEALTH of VIRGINIA Virginia 9-1-1 Services Board Dorothy Spears-Dean Deputy State Coordinator VDEM (804) 840-7260 Terry D. Mayo Board Administrative Assistant VDEM (804) 718-9026 Saving lives through effective emergency management and homeland security. “A Ready Virginia is a Resilient Virginia.” Mary M. Blowe Chief Financial Officer City of Winchester Thomas Bradshaw Captain Virginia State Police Gary Critzer Emergency Mgmt/ EMS Dir City of Waynesboro Terry Ellis Comcast R. Scott Garber Fire Chief City of Staunton Danny Garrison Richmond Ambulance Authority Pete Hatcher AT&T Jeffrey T. Merriman Verizon Communications Nelson P. Moe CIO VITA Kelvin Wright Chief of Police City of Chesapeake Jolena Young Twin County Tom Crabbs Statewide Interoperability Coordinator Advisor Curtis Brown Chairman VDEM Hon Kevin W. Hall Sheriff Vice Chairman City of Covington David A. Von Moll Treasurer Comptroller November 12, 2020 Roanoke County PSAP: This letter serves as confirmation of the Virginia 9-1-1 Services Board (the “Board”) approval of the County of Roanoke PSAP’s NG9-1-1 funding request for costs needed for NG9-1-1 implementation. The amount awarded is based on estimated costs and related information contained in the version of your NG9-1-1 Migration Proposal referenced in your funding request. The NG9-1-1 implementation funding award period does not extend the legislative deadline of June 30, 2023 for NG9-1-1 deployment for your PSAP. Any funding extension made will also be exclusive of the legislative mandate. PSAP Name and Funding ID Roanoke County NG911-111 Date of Award by the 9-1-1 Services Board November 12, 2020 End of funding period for your grant award (36 months from date of award unless granted an extension by the Board) November 12, 2023 NG9-1-1 Deployment – Amount Awarded $420,286.70 (includes $65,286.06 paid directly by the Board) Migration Proposal Date November 1, 2018 Migration Proposal NG9-1-1 Service Provider AT&T Contract Vehicle upon which the Migration Proposal is based Fairfax County contract w/ AT&T Deadline for executing a contract vehicle with the NG9-1-1 Service Provider listed above (3 months after date of award) February 12, 2021 Roanoke County PSAP November 12, 2020 Page Two Funding awards are non-binding until a locality selects an NG9-1-1 solutions provider by executing a contract. The Board recognizes this is a local decision. If you wish to accept this funding request using the NG9-1-1 solutions provider listed above, the Board expects your locality to execute a contract vehicle with the identified NG9-1-1 solutions provider within three months of the date of your award, unless the Board grants an extension. However, if requested by the PSAP, 911 and Geospatial Services (NGS) staff can prepare a migration proposal for a different NG9-1-1 solution provider and the locality can also submit a funding request using this new migration proposal. The Board is committed to a statewide deployment of NG9-1-1 that is consistent with NENA’s i3 standard and reserves the right to add subsequent conditions to your migration proposal and revise the funding award for this purpose. Funding for any additional non-recurring costs related to these conditions will be considered by the Board and you will receive a revised award letter, if approved. Since NG9-1-1 deployments will be occurring by selective router regions over a multi-year period, portions of your funding may not be immediately available and may be distributed over different fiscal years. The spending plan below is based on your scheduled NG9-1-1 deployment window and in your migration proposal. This plan lays out when approved funding for each category will be available. The goal is to complete all identified NG9-1-1 ready implementation items (CHE equipment and GIS data) at least three months in advance of your PSAP’s scheduled deployment time period. NOTE: Before contracting for a service or committing any local funding, you should consult this spending plan and coordinate expenditures with your Regional Coordinator. This action will ensure that you will be reimbursed for any local funds spent for items identified in your migration proposal. Fiscal Year Category Amount FY21 CHE i3 Services $ 15,000.00 FY20 CHE Replacement $ 200,000.00 FY21 Monthly Delta $ 35,000.16 FY22 Monthly Delta $ 70,000.32 FY23 Monthly Delta $ 35,000.16 Roanoke County PSAP November 12, 2020 Page Three Finally, funding for approved equipment and services may not be immediately available to the PSAP. NGS staff will provide a spending plan, specific to the PSAP’s deployment schedule, that details in which year of the deployment period funding will be available to the PSAP. If you have any questions, please do not hesitate to contact your Regional Coordinator or me via email. Sincerely, Lisa Nicholson Public Safety Program Manager 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 27, 2021 ORDINANCE 1) ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $355,000.64 FROM THE COMMONWEALTH OF VIRGINIA (AN AWARD FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT) TO THE COUNTY'S GRANT FUND FOR TECHNOLOGY UPGRADES TO THE COUNTY'S NG911 PUBLIC SAFETY ANSWERING POINTS (PSAP), AND 2) REALLOCATING $95,000 (FROM THE COMMUNICATIONS/IT ADMINISTRATIVE FUND) AND $65,959.32 (FROM THE COMMUNICATIONS SHOP FUND) TO FURTHER FINANCE SUCH TECHNOLOGY UPGRADES WHEREAS, the Virginia Department of Emergency Management (VDEM) is urging localities to update the technology of their phone systems to Next Generation 911 (NG911) technology; and WHEREAS, VDEM has awarded the County a $355,000.64 grant to assist with such upgrades, which includes $200,000 for the replacement of Call Handling Equipment (CHE) hardware; and WHEREAS, the replacement of CHE hardware equipment has a total cost of $360,959.32, requiring the County to fund an additional $160,959.32; and WHEREAS, it is proposed that $95,000 be reallocated from the Communications/IT Administration Fund to the grant fund, and that $65,959.32 be reallocated from the Communications Shop Fund to the grant fund, which will collectively finance the project; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the second reading was held on July 27, 2021. Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the VDEM grant in the amount of $355,000.64 is hereby accepted and appropriated. 2. That $95,000 be reallocated from the Communications/IT Administration Fund to the grant fund. 3. That $65,959.32 be reallocated from the Communications Shop Fund to the grant fund. 4. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. G.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2025 AGENDA ITEM: Ordinance to accept and appropriate grant funds in the amount of $497,400 from the Virginia Department of Fire Programs for the Aid to Localities Funds (VDFP) SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: Richard L. Caywood County Administrator ISSUE: First reading of an ordinance to accept and appropriate funds in the amount of $497,400 from the Virginia Department of Fire Program--Aid to Localities funds (VDFP). BACKGROUND: Section § 38.2-401 provides for the collection of an annual levy from the insurance industry. Such levy is collected by the State Corporation Commission (SCC) on March 1 of each year. The amounts collected in accordance with the Code are transferred into the Fire Programs Fund during June of the same year. The Fund is derived from an annual assessment against all licensed insurance companies doing business in the Commonwealth writing a Code -defined type of insurance. The Fund is used to provide an annual population-based allocation to qualifying jurisdictions within the Commonwealth. The allocation may only be used for fire service purposes and may not supplant or replace locally appropriated funds. This grant awarded to the Roanoke County Fire & Rescue Department will be utilized to purchase fire equipment, supplies, and training that meet state guidelines. Approval of this grant funding from the VDFP depends on the appropriate and timely submission of required annual reporting. The Roanoke County Fire & Rescue Department continues to meet those annual requirements to remain eligible for grant funding. Page 2 of 2 FISCAL IMPACT: The grant funds awarded from the VDFP program totals $497,400. No county match is required for the acceptance of this grant. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the attached ordinance and setting the second reading for October 14, 2025. Commonwealth of Virginia Department of Fire Programs FY-20 26 FIRE PROGRAMS FUND DISBURSEMENT AGREEMENT S tatutory Authority; §38.2-401 oftbe Cocle qfViqpn ja This Agreement, made effective as of the t 5 t day of July, __ , by the DEPARTMENT OF FIRE PROGRAMS (the "Agency") and the LOCALITY noted below (the "Receiving Locality"), governs the distribution and use of the Receiving Locality's annual entitlement from the Fire Programs Fund ("the Fund"), as provided for in §38 .2-401 of the Code of Virginia as amended (the "Statute"). WHEREAS , the Statute in effect as of the date first written above is incorporated herein by reference; and WHEREAS, the Receiving Locality is thereunder required to execute a "Fire Programs Fund Disbursement Agreement" and forward same to the Agency as a condition of receiving any allocation or disbursement from the Fund; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows : 1. Representations of the Agency. The Agency represents that the Agency is duly organized and the Executive Director duly appointed by the Governor and confirmed by the General Assembly as provided for by the Code of Virginia , and that the Executive Director or his designee is duly authorized to enter into thi s agreement . 2. Representations of the Receiving Locality. The Receiving Locality represents that (a) its authorized representative whose signature appears below has read and understands the referenced sections of the Statute and any Policies & Definitions adopted thereunder, (b) it agrees to comply with all applicable provisions of the Statute and any Policies & Definitions adopted thereunder, including the use of such funds and all reporting and audit requirements and (c) it is duly authorized to execute this Agreement and to perform its obligations hereunder and has taken all necessary action to authorize such execution and performance. 3. Avai l ability of Funds. It is understood and agreed by the parties hereto that the AGENCY shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purposes of this Agreement. The Recipient shall deposit funds in an interest­ bearing account or normal risk and with a demand restriction, if any, not exceeding 30 calendar days until they are needed . The Recipient must be able to account for both the principal and the interest amounts. 7/2011 Page 1of2 4. Merger; Severability; Governing Law. This writing constitutes the entire Agreement between the parties, supersedes any existing agreement or understanding, oral or written, relative to the matters contained herein, and may be modified only in a writing executed by all parties hereto. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, it shall not render the remaining portions of this Agreement void or unenforceable. This Agreement shall in respects be governed by the laws of the Commonwealth of Virginia . 5. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument . IN WITENESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement effective as of the date first written above, intending to be bound thereby. Commonwealth of Virginia Department of Fire Programs BY: County Administrator Title (Non-P .O.) Office Address: 5204 Bernard Drive Roanoke, VA 24018 Mailing Address : 5204 Bernard Drive Roanoke, VA 24018 E-mail Address : _ __;,R;c..,a..,yw ..... o .. od .. @....,R .. o .. a .. n.ok•e•C•o•u=n=ty..,V..,A=.s=o=v=--- 7/2011 Telephone Number : Date 540-776-7190 Page 2 of 2 Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000062868 136,033$ $136,033 001 Accomack Co. 26ATL 0000055787 626,346$ $626,346 003 Albemarle Co. 26ATL 0000050451 82,029$ $82,029 005 Alleghany Co. 26ATL 0000050352 74,243$ $74,243 007 Amelia Co. 26ATL 0000050709 163,413$ $163,413 009 Amherst Co. 26ATL 0000070541 78,827$ $78,827 011 Appomattox Co. 26ATL 0000055179 1,335,667$ $1,335,667 013 Arlington Co. 26ATL 0000053514 428,640$ $428,640 015 Augusta Co. 26ATL 0000054962 30,000$ $30,000 017 Bath Co. 26ATL 0000053192 407,484$ $407,484 019 Bedford Co. 26ATL 0000049994 35,093$ $35,093 021 Bland Co. 26ATL 0000059429 174,551$ $174,551 023 Botetourt Co. 26ATL 0000052074 80,014$ $80,014 025 Brunswick Co. 26ATL 0000058371 109,028$ $109,028 027 Buchanan Co. 26ATL 0000050819 91,722$ $91,722 029 Buckingham Co. 26ATL 0000053925 286,719$ $286,719 031 Campbell Co. 26ATL 0000050384 165,238$ $165,238 033 Caroline Co. 26ATL 0000050477 147,037$ $147,037 035 Carroll Co. 26ATL 0000101865 37,908$ $37,908 036 Charles City Co. 26ATL 0000087842 52,902$ $52,902 037 Charlotte Co. 26ATL 0000055186 2,040,347$ $2,040,347 041 Chesterfield Co. 26ATL 0000065373 52,947$ $52,947 043 Clarke Co. 26ATL 0000054437 30,000$ $30,000 045 Craig Co. 26ATL 0000052065 181,844$ $181,844 047 Culpeper Co. 26ATL 0000050267 51,234$ $51,234 049 Cumberland Co. 26ATL 0000032598 67,269$ $67,269 051 Dickenson Co. 26ATL 0000053747 153,859$ $153,859 053 Dinwiddie Co. 26ATL 0000111456 47,048$ $47,048 057 Essex Co. 26ATL 0000056645 6,188,103$ $6,188,103 059 Fairfax Co. 26ATL 0000053804 347,256$ $347,256 061 Fauquier Co. 26ATL 0000111457 84,111$ $84,111 063 Floyd Co. 26ATL 0000053940 152,298$ $152,298 065 Fluvanna Co. 26ATL 0000054829 276,012$ $276,012 067 Franklin Co. 26ATL 0000046246 492,798$ $492,798 069 Frederick Co. 26ATL 0000055332 54,788$ $54,788 071 Giles Co. 26ATL 50435 216,663$ $216,663 073 Gloucester Co. 26ATL 0000050207 138,395$ $138,395 075 Goochland Co. 26ATL 0000053275 76,829$ $76,829 077 Grayson Co. 26ATL 0000050255 113,075$ $113,075 079 Greene Co. 26ATL 0000050198 60,855$ $60,855 081 Greensville Co. 26ATL 0000056801 138,160$ $138,160 083 Halifax Co. 26ATL 0000046248 573,203$ $573,203 085 Hanover Co. 26ATL 0000046249 1,871,550$ $1,871,550 087 Henrico Co. 26ATL 0000053938 280,943$ $280,943 089 Henry Co. 26ATL 0000050955 30,000$ $30,000 091 Highland Co. 26ATL 0000055532 152,947$ $152,947 093 Isle of Wight Co. 26ATL 0000055943 437,982$ $437,982 095 James City Co. 26ATL 0000054590 36,984$ $36,984 097 King & Queen Co. 26ATL 0000052252 149,567$ $149,567 099 King George Co. 26ATL 0000051259 80,573$ $80,573 101 King William Co. 26ATL 0000053598 48,654$ $48,654 103 Lancaster Co. 26ATL 0000054484 110,131$ $110,131 105 Lee Co. 26ATL 0000053614 2,009,245$ $2,009,245 107 Loudoun Co. 26ATL 0000053902 196,670$ $196,670 109 Louisa Co. 26ATL 0000053227 50,876$ $50,876 111 Lunenburg Co. 26ATL 0000065252 76,297$ $76,297 113 Madison Co. 26ATL 0000052038 47,759$ $47,759 115 Mathews Co. 26ATL 0000050100 119,293$ $119,293 117 Mecklenburg Co. 26ATL 0000111460 56,714$ $56,714 119 Middlesex Co. 26ATL 0000050705 176,566$ $176,566 121 Montgomery Co. 26ATL 0000053203 82,695$ $82,695 125 Nelson Co. 26ATL 0000052040 128,421$ $128,421 127 New Kent Co. ATL Payments FY26.xlsx Quarterly Payments Update Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000052041 46,068$ $46,068 131 Northampton Co. 26ATL 0000052042 65,853$ $65,853 133 Northumberland Co. 26ATL 0000053332 53,792$ $53,792 135 Nottoway Co. 26ATL 0000050424 167,751$ $167,751 137 Orange Co. 26ATL 0000054904 82,213$ $82,213 139 Page Co. 26ATL 0000052044 90,541$ $90,541 141 Patrick Co. 26ATL 0000050289 317,301$ $317,301 143 Pittsylvania Co. 26ATL 0000053856 169,772$ $169,772 145 Powhatan Co. 26ATL 0000050662 83,254$ $83,254 147 Prince Edward Co. 26ATL 0000053261 240,724$ $240,724 149 Prince George Co. 26ATL 0000055571 2,649,398$ $2,649,398 153 Prince William Co. 26ATL 0000054816 123,877$ $123,877 155 Pulaski Co. 26ATL 0000111465 40,645$ $40,645 157 Rappahannock Co. 26ATL 0000106394 40,779$ $40,779 159 Richmond Co. 26ATL 0000050429 497,400$ $497,400 161 Roanoke Co. 26ATL 0000065811 118,991$ $118,991 163 Rockbridge Co. 26ATL 0000054078 347,367$ $347,367 165 Rockingham Co. 26ATL 0000054782 118,129$ $118,129 167 Russell Co. 26ATL 0000053650 98,008$ $98,008 169 Scott Co. 26ATL 0000052023 143,986$ $143,986 171 Shenandoah Co. 26ATL 0000050759 116,063$ $116,063 173 Smyth Co. 26ATL 0000050178 85,790$ $85,790 175 Southampton Co. 26ATL 0000055945 783,748$ $783,748 177 Spotsylvania Co. 26ATL 0000054931 878,308$ $878,308 179 Stafford Co. 26ATL 0000055792 32,445$ $32,445 181 Surry Co. 26ATL 0000050427 43,499$ $43,499 183 Sussex Co. 26ATL 0000060489 135,720$ $135,720 185 Tazewell Co. 26ATL 0000050002 143,930$ $143,930 187 Warren Co. 26ATL 0000057281 242,000$ $242,000 191 Washington Co. 26ATL 0000070476 79,678$ $79,678 193 Westmoreland Co. 26ATL 0000046254 130,380$ $130,380 195 Wise Co. 26ATL 0000053846 103,426$ $103,426 197 Wythe Co. 26ATL 0000053349 392,037$ $392,037 199 York Co. 26ATL 0000050760 46,880$ $46,880 300 Abingdon (Town) 26ATL 0000111328 15,000$ $15,000 301 Accomac (Town) 26ATL 0000062562 15,000$ $15,000 302 Alberta (Town) 26ATL 0000050230 18,906$ $18,906 303 Altavista (Town) 26ATL 0000052076 15,000$ $15,000 304 Amherst (Town) 26ATL 0000052066 15,000$ $15,000 305 Appalachia (Town) 26ATL 0000052067 15,000$ $15,000 306 Appomattox (Town) 26ATL 0000052068 42,341$ $42,341 307 Ashland (Town) 26ATL 0001344273 15,000$ $15,000 308 Belle Haven (Town) 26ATL 0000052070 25,600$ $25,600 309 Berryville (Town) 26ATL 0000052071 29,406$ $29,406 310 Big Stone Gap (Town) 26ATL 0000050234 250,888$ $250,888 311 Blacksburg (Town) 26ATL 0000052072 18,761$ $18,761 312 Blackstone (Town) 26ATL 0000118657 15,000$ $15,000 313 Bloxom (Town) 26ATL 0000052073 28,522$ $28,522 314 Bluefield (Town) 26ATL 0000111471 15,000$ $15,000 315 Boones Mill (Town) 26ATL 0000050445 15,000$ $15,000 316 Bowling Green (Town) 26ATL 0000058960 15,000$ $15,000 317 Boyce (Town) 26ATL 0000055979 15,000$ $15,000 318 Boydton (Town) 26ATL 0000111470 15,000$ $15,000 319 Boykins (Town) 26ATL 0000111300 15,000$ $15,000 320 Branchville (Town) 26ATL 0000050232 36,917$ $36,917 321 Bridgewater (Town) 26ATL 0000052256 23,339$ $23,339 322 Broadway (Town) 26ATL 0000056906 15,000$ $15,000 323 Brodnax (Town) 26ATL 0000058607 15,000$ $15,000 324 Brookneal (Town) 26ATL 0000050152 15,000$ $15,000 325 Buchanan (Town) 26ATL 0000091067 15,000$ $15,000 326 Burkeville (Town) 26ATL 0000055292 15,000$ $15,000 327 Cape Charles (Town) 26ATL 0000052230 15,000$ $15,000 328 Capron (Town) ATL Payments FY26.xlsx Quarterly Payments Update Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000056679 15,000$ $15,000 329 Cedar Bluff (Town) 26ATL 0000111331 15,000$ $15,000 330 Charlotte C. H. (Town) 26ATL 0000052060 15,000$ $15,000 331 Chase City (Town) 26ATL 0000050412 15,000$ $15,000 332 Chatham (Town) 26ATL 0000057896 15,000$ $15,000 333 Cheriton (Town) 26ATL 0000050786 15,000$ $15,000 334 Chilhowie (Town) 26ATL 0000053359 18,716$ $18,716 335 Chincoteague (Town) 26ATL 0000052061 130,677$ $130,677 336 Christiansburg (Town) 26ATL 0000111224 15,000$ $15,000 337 Claremont (Town) 26ATL 0000050195 15,000$ $15,000 338 Clarksville (Town) 26ATL 0000111481 15,000$ $15,000 339 Cleveland (Town) 26ATL 0000052608 15,000$ $15,000 340 Clifton (Town) 26ATL 0000111390 15,000$ $15,000 341 Clinchport (Town) 26ATL 0000111454 15,000$ $15,000 342 Clintwood (Town) 26ATL 0000052062 15,000$ $15,000 344 Coeburn (Town) 26ATL 0000046245 21,873$ $21,873 345 Colonial Beach (Town) 26ATL 0000056971 15,000$ $15,000 347 Courtland (Town) 26ATL 0000069397 15,000$ $15,000 348 Craigsville (Town) 26ATL 0000053028 15,000$ $15,000 349 Crewe (Town) 26ATL 0000052064 112,285$ $112,285 350 Culpeper (Town) 26ATL 0000063733 15,000$ $15,000 351 Damascus (Town) 26ATL 0000052251 15,000$ $15,000 352 Dayton (Town) 26ATL 0000111484 15,000$ $15,000 353 Dendron (Town) 26ATL 0000053236 15,000$ $15,000 354 Dillwyn (Town) 26ATL 0000111476 15,000$ $15,000 355 Drakes Branch (Town) 26ATL 0000050353 15,011$ $15,011 357 Dublin (Town) 26ATL 0000111000 15,000$ $15,000 358 Duffield (Town) 26ATL 0000052219 31,785$ $31,785 359 Dumfries (Town) 26ATL 0000091830 15,000$ $15,000 360 Dungannon (Town) 26ATL 0000111482 15,000$ $15,000 361 Eastville (Town) 26ATL 0000052050 15,000$ $15,000 362 Edinburg (Town) 26ATL 0000053030 16,461$ $16,461 363 Elkton (Town) 26ATL 0000055950 15,000$ $15,000 364 Exmore (Town) 26ATL 0000052052 41,826$ $41,826 365 Farmville (Town) 26ATL 0000052141 15,000$ $15,000 366 Fincastle (Town) 26ATL 0000059083 15,000$ $15,000 367 Floyd (Town) 26ATL 0000055522 15,000$ $15,000 368 Fries (Town) 26ATL 0000052056 84,015$ $84,015 369 Front Royal (Town) 26ATL 0000051481 15,000$ $15,000 370 Gate City (Town) 26ATL 0000111477 15,000$ $15,000 371 Glade Spring (Town) 26ATL 0000050956 15,000$ $15,000 372 Glasgow (Town) 26ATL 0000060236 15,000$ $15,000 373 Glen Lyn (Town) 26ATL 0000056153 15,000$ $15,000 374 Gordonsville (Town) 26ATL 0000111330 15,000$ $15,000 375 Goshen (Town) 26ATL 0000052009 15,000$ $15,000 376 Gretna (Town) 26ATL 0000050222 16,225$ $16,225 377 Grottoes (Town) 26ATL 0000050983 15,000$ $15,000 378 Grundy (Town) 26ATL 0000052058 15,000$ $15,000 379 Halifax (Town) 26ATL 0000111336 15,000$ $15,000 380 Hallwood (Town) 26ATL 0000054672 15,000$ $15,000 381 Hamilton (Town) 26ATL 0000050019 15,000$ $15,000 382 Haymarket (Town) 26ATL 0000111475 15,000$ $15,000 383 Haysi (Town) 26ATL 0000050223 137,992$ $137,992 384 Herndon (Town) 26ATL 0000065319 15,000$ $15,000 385 Hillsboro (Town) 26ATL 0000050027 16,142$ $16,142 386 Hillsville (Town) 26ATL 0000111478 15,000$ $15,000 387 Honaker (Town) 26ATL 0000111282 15,000$ $15,000 388 Hurt (Town) 26ATL 0000052004 15,000$ $15,000 389 Independence (Town) 26ATL 0000111458 15,000$ $15,000 390 Iron Gate (Town) 26ATL 0000100896 15,000$ $15,000 391 Irvington (Town) 26ATL 0000111319 15,000$ $15,000 392 Ivor (Town) 26ATL 0000111459 15,000$ $15,000 393 Jarratt (Town) ATL Payments FY26.xlsx Quarterly Payments Update Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000052010 15,000$ $15,000 394 Jonesville (Town) 26ATL 0000111345 15,000$ $15,000 395 Keller (Town) 26ATL 0000092309 15,000$ $15,000 396 Kenbridge (Town) 26ATL 0000091031 15,000$ $15,000 397 Keysville (Town) 26ATL 0000053758 15,000$ $15,000 398 Kilmarnock (Town) 26ATL 0000055136 15,000$ $15,000 399 La Crosse (Town) 26ATL 0000052046 15,000$ $15,000 400 Lawrenceville (Town) 26ATL 0000052005 17,681$ $17,681 401 Lebanon (Town) 26ATL 0000052047 270,052$ $270,052 402 Leesburg (Town) 26ATL 0000107402 15,000$ $15,000 403 Louisa (Town) 26ATL 0000054794 15,078$ $15,078 404 Lovettsville (Town) 26ATL 0000052048 27,039$ $27,039 405 Luray (Town) 26ATL 0000111293 15,000$ $15,000 406 Madison (town) 26ATL 0000052036 32,188$ $32,188 407 Marion (Town) 26ATL 0000111473 15,000$ $15,000 408 McKenney (Town) 26ATL 0000111381 15,000$ $15,000 409 Melfa (Town) 26ATL 0000096053 15,000$ $15,000 410 Middleburg (Town) 26ATL 0000052012 15,000$ $15,000 411 Middletown (Town) 26ATL 0000111273 15,000$ $15,000 412 Mineral (Town) 26ATL 0000050454 15,000$ $15,000 413 Monterey (Town) 26ATL 0000111469 15,000$ $15,000 414 Montross (Town) 26ATL 0000111399 15,000$ $15,000 415 Mount Crawford (Town) 26ATL 0000053647 15,000$ $15,000 416 Mount Jackson (Town) 26ATL 0000050228 15,000$ $15,000 417 Narrows (Town) 26ATL 0000111317 15,000$ $15,000 418 Nassawadox (Town) 26ATL 0000106014 15,000$ $15,000 419 New Castle (Town) 26ATL 0000050311 15,000$ $15,000 420 New Market (Town) 26ATL 0000111347 15,000$ $15,000 421 Newsoms (Town) 26ATL 0000052140 15,000$ $15,000 422 Nickelsville (Town) 26ATL 0000111286 15,000$ $15,000 423 Occoquan (Town) 26ATL 0000052043 15,000$ $15,000 424 Onancock (Town) 26ATL 0000111489 15,000$ $15,000 425 Onley (Town) 26ATL 0000050235 27,314$ $27,314 426 Orange (Town) 26ATL 0000111333 15,000$ $15,000 427 Painter (Town) 26ATL 0000053869 15,000$ $15,000 428 Pamplin (Town) 26ATL 0000111462 15,000$ $15,000 429 Parksley (Town) 26ATL 0000052030 16,281$ $16,281 430 Pearisburg (Town) 26ATL 0000111468 15,000$ $15,000 431 Pembroke (Town) 26ATL 0000055680 15,000$ $15,000 432 Pennington Gap (Town) 26ATL 0000111332 15,000$ $15,000 433 Phenix (Town) 26ATL 0000111463 15,000$ $15,000 434 Pocahontas (Town) 26ATL 0000111391 15,000$ $15,000 435 Port Royal (Town) 26ATL 0000111464 15,000$ $15,000 436 Pound (Town) 26ATL 0000050229 50,288$ $50,288 437 Pulaski (Town) 26ATL 0000052031 49,975$ $49,975 438 Purcellville (Town) 26ATL 0000056489 15,000$ $15,000 439 Quantico (Town) 26ATL 0000111280 15,000$ $15,000 440 Remington (Town) 26ATL 0000058547 15,000$ $15,000 441 Rich Creek (Town) 26ATL 0000052032 29,445$ $29,445 442 Richlands (Town) 26ATL 0000111316 15,000$ $15,000 443 Ridgeway (Town) 26ATL 0000052035 27,442$ $27,442 444 Rocky Mount (Town) 26ATL 0000111271 15,000$ $15,000 445 Round Hill (Town) 26ATL 0000052021 15,000$ $15,000 446 Rural Retreat (Town) 26ATL 0000053216 15,000$ $15,000 448 Saint Paul (Town) 26ATL 0000050226 15,000$ $15,000 449 Saltville (Town) 26ATL 0000111325 15,000$ $15,000 450 Saxis (Town) 26ATL 0000111323 15,000$ $15,000 451 Scottsburg (Town) 26ATL 0000053340 15,000$ $15,000 452 Scottsville (Town) 26ATL 0000052022 15,000$ $15,000 453 Shenandoah (Town) 26ATL 0000054953 47,759$ $47,759 454 Smithfield (Town) 26ATL 0000052024 26,250$ $26,250 455 South Hill (Town) 26ATL 0000111488 15,000$ $15,000 456 Stanardsville (Town) ATL Payments FY26.xlsx Quarterly Payments Update Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000050351 15,000$ $15,000 457 Stanley (Town) 26ATL 0000052027 15,000$ $15,000 458 Stephens City (Town) 26ATL 0000111272 15,000$ $15,000 459 Stony Creek (Town) 26ATL 0000052028 39,643$ $39,643 460 Strasburg (Town) 26ATL 0000055053 15,000$ $15,000 461 Stuart (Town) 26ATL 0000111304 15,000$ $15,000 462 Surry (Town) 26ATL 0000056407 15,000$ $15,000 463 Tangier (Town) 26ATL 0000050444 15,000$ $15,000 464 Tappahannock (Town) 26ATL 0000052029 25,108$ $25,108 465 Tazewell (Town) 26ATL 0000056846 15,000$ $15,000 466 The Plains (Town) 26ATL 0000052011 16,584$ $16,584 467 Timberville (Town) 26ATL 0000111363 15,000$ $15,000 468 Toms Brook (Town) 26ATL 0000111413 15,000$ $15,000 469 Troutdale (Town) 26ATL 0000050418 15,000$ $15,000 470 Troutville (Town) 26ATL 0000052014 15,000$ $15,000 471 Urbanna (Town) 26ATL 0000053029 15,000$ $15,000 472 Victoria (Town) 26ATL 0000051010 92,198$ $92,198 473 Vienna (Town) 26ATL 0000057902 45,106$ $45,106 474 Vinton (Town) 26ATL 0000111466 15,000$ $15,000 475 Virgilina (Town) 26ATL 0000085694 15,000$ $15,000 476 Wachapreague (Town) 26ATL 0000050473 15,000$ $15,000 477 Wakefield (Town) 26ATL 0000052015 56,288$ $56,288 478 Warrenton (Town) 26ATL 0000052016 15,000$ $15,000 479 Warsaw (Town) 26ATL 0000111297 15,000$ $15,000 480 Washington (Town) 26ATL 0000050793 15,000$ $15,000 481 Waverly (Town) 26ATL 0000063018 15,000$ $15,000 482 Weber City (Town) 26ATL 0000050434 19,108$ $19,108 483 West Point (Town) 26ATL 0000111303 15,000$ $15,000 484 White Stone (Town) 26ATL 0000060689 15,369$ $15,369 485 Windsor (Town) 26ATL 0000052018 16,628$ $16,628 486 Wise (Town) 26ATL 0000046255 32,501$ $32,501 487 Woodstock (Town) 26ATL 0000052019 46,259$ $46,259 488 Wytheville (Town) 26ATL 0000111383 15,000$ $15,000 490 Clinchco (Town) 26ATL 0000046252 44,585$ $44,585 492 South Boston (Town) 26ATL 0000050233 19,897$ $19,897 493 Clifton Forge (Town) 26ATL 0000052069 37,260$ $37,260 494 Bedford (Town) 26ATL 0000054945 892,525$ $892,525 510 Alexandria (City) 26ATL 0000050112 96,373$ $96,373 520 Bristol (City) 26ATL 0000052059 37,169$ $37,169 530 Buena Vista (City) 26ATL 0000050812 260,554$ $260,554 540 Charlottesville (City) 26ATL 0000031867 1,395,996$ $1,395,996 550 Chesapeake (City) 26ATL 0000053600 101,696$ $101,696 570 Colonial Heights (City) 26ATL 0000052063 32,110$ $32,110 580 Covington (City) 26ATL 0000052049 238,373$ $238,373 590 Danville (City) 26ATL 0000052051 32,272$ $32,272 595 Emporia (City) 26ATL 0000051004 135,143$ $135,143 600 Fairfax (City) 26ATL 0000051011 82,040$ $82,040 610 Falls Church (City) 26ATL 0000052054 45,783$ $45,783 620 Franklin (City) 26ATL 0000050171 156,613$ $156,613 630 Fredericksburg (City) 26ATL 0000050227 37,611$ $37,611 640 Galax (City) 26ATL 0000046247 767,607$ $767,607 650 Hampton (City) 26ATL 0000050309 289,999$ $289,999 660 Harrisonburg (City) 26ATL 0000052045 128,914$ $128,914 670 Hopewell (City) 26ATL 0000050325 40,969$ $40,969 678 Lexington (City) 26ATL 0000046250 442,207$ $442,207 680 Lynchburg (City) 26ATL 0000050857 239,392$ $239,392 683 Manassas (City) 26ATL 0000050224 96,373$ $96,373 685 Manassas Park (City) 26ATL 0000052037 75,475$ $75,475 690 Martinsville (City) 26ATL 0000050480 1,042,410$ $1,042,410 700 Newport News (City) 26ATL 0000050446 1,332,096$ $1,332,096 710 Norfolk (City) 26ATL 0000050225 30,000$ $30,000 720 Norton (City) 26ATL 0000046251 187,262$ $187,262 730 Petersburg (City) ATL Payments FY26.xlsx Quarterly Payments Update Commonwealth of Virginia Department of Fire Programs Fire Programs Fund - Aid to Localities FY2026 Allocations and Payments Prepared by: Grants Section 6/24/202 FY2026 Allocation ACTUAL 2026 Allocation Allocation Payments Made INVOICE# Vendor ID Allocation Allocation FIPS Code Description EFT Amount at 100% 26ATL 0000050231 69,738$ $69,738 735 Poquoson (City) 26ATL 0000050162 548,023$ $548,023 740 Portsmouth (City) 26ATL 0000054639 89,943$ $89,943 750 Radford (City) 26ATL 0000058592 1,268,319$ $1,268,319 760 Richmond (City) 26ATL 0000052033 559,754$ $559,754 770 Roanoke (City) 26ATL 0000054643 141,860$ $141,860 775 Salem (City) 26ATL 0000052026 144,121$ $144,121 790 Staunton (City) 26ATL 0000053296 527,924$ $527,924 800 Suffolk (City) 26ATL 0000050813 2,571,619$ $2,571,619 810 Virginia Beach (City) 26ATL 0000052017 124,229$ $124,229 820 Waynesboro (City) 26ATL 0000053210 86,333$ $86,333 830 Williamsburg (City) 26ATL 0000051009 157,386$ $157,386 840 Winchester (City) $0 Pay Cycle Trans Date Amount Funds # o Locallities o Locallities 1 0 $0 0.0% 0 0.0% 2 0 -$ 0.0% 0 0.0% 3 0 -$ 0.0% 0 0.0% 4 0 -$ 0.0% 0 0.0% 4.2 0 -$ 0.0% 0 0.0% $0 0.0% 0 0.0% $49,800,833 100.0% 322 100.0% ATL Total $49,800,833 100.0% 322 100.0% not yet paid eligible for payment in next cycle paid documents received and pending review suspended payments until documentation is received Funds Released Total Funds Not Released ATL Payments FY26.xlsx Quarterly Payments Update AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 14, 2025 ORDINANCE ACCEPTING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $497,400 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS FOR THE AID TO LOCALITIES FUNDS WHEREAS, Section 38.2-401 in the Code of Virginia provides for the collection of an annual levy from the insurance industry to be collected by the State Corporation Commission each year and transferred into the Virginia Department of Fire Programs (“VDFP”) Fund that same year; and WHEREAS, the Fund is used to provide an annual population-based allocation to qualifying jurisdictions within the Commonwealth, to be used only for fire service purposes and may not supplant or replace locally appropriated funds; and WHEREAS, Roanoke County Fire & Rescue Department has been awarded $497,400 from this fund to purchase fire equipment, supplies, and training that meet state guidelines; and WHEREAS, approval of this grant funding from the VDFP depends on the appropriate and timely submission of required annual reporting which Roanoke County Fire & Rescue Department continues to meet to remain eligible for grant funding ; 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 September 23, 2025, and the second reading was held on October 14, 2025. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $497,400, made available to the Roanoke County Fire & Rescue Department by VDFP, is accepted and hereby appropriated to the County’s grant fund. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. G.9 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 1. Selective Enforcement Grant in the amount of $94,385 to reduce alcohol related fatalities and serious injuries in traffic crashes 2. Selective Enforcement Grant in the amount of $93,350 to provide additional speed and occupant protection enforcement. The grant funds will be utilized for personnel and training costs associated with each grant program, as well as the purchase of five additional in-car radars, four handheld radars, four lidar units, and five Alco-Sensor breath testing units. FISCAL IMPACT: The awarded grant funds total $187,735, which includes a required local match of $93,867.50. The County will meet the local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2025 -2026 Police Department budget. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the grant funds to the Roanoke County Police Department in the amount of $187,735 from the Department of Motor Vehicles for the Selective Enforcement Grants.     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'&&%& % )# %'# %  &# * (  "% +=$ " ( )%%#%*&# '%% % $$ * &  !  )(  " +6 ' $ : $)8+> '  ++ @ABCDEFGHIC@ ?@ABCDEJKELC MHAGNEMOO@APC9996$'%*R " '& %$' ""'6 *'S;;+ Capital Unappropriated % of Board Expenditure Balance Revenues Contingency Contingency Reserves Unaudited balance as of June 30, 2025 31,213,980$ -$ -$ 613,094$ Approved Sources: Appropriated from 2025-26 budget (Ordinance 052725-2) - 50,000 - 1,420,700 Addition from 2024-25 close out of completed projects 73,941 Approved Uses: Appropriated from 2025-26 budget (Ordinance 052725-2) - - - (1,746,047) Balance at September 23, 2025 31,213,980$ 11.5% 50,000$ -$ 361,688$ County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2025-2026 General Government Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2025 Additions Deletions September 23, 2025 Debt type: VPSA School Bonds 109,321,388$ -$ -$ 109,321,388$ Lease Revenue Bonds 72,515,000 - 7,026,556 65,488,444 Temporary Literary Loans*31,674,051 12,249,063 - 43,923,114 Subtotal 213,510,439 12,249,063 7,026,556 218,732,946 Premiums 13,244,796 - - 13,244,796 226,755,235$ 12,249,063$ 7,026,556$ 231,977,742$ Summary by entity: County 77,345,868$ -$ 7,026,556$ 70,319,312$ Schools 149,409,367 12,249,063 - 161,658,430 226,755,235$ 12,249,063$ 7,026,556$ 231,977,742$ * The County has been approved for $75 million in Literary Loans. This amount will not be turned into permanent loans until all monies are drawn down for the three school projects approved for funding which are: Glen Cove and W.E. Cundiff Elementary Schools and the Roanoke County Career and Technology Center Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator Real Estate Taxes $129,080,327 $4,163,699 3.23% $135,025,000 $3,142,749 2.33% ($1,020,950) -32.49% Personal Property Taxes 44,500,000 844,838 1.90% 48,000,000 1,096,970 2.29% 252,132 22.98% Public Service Corp Base 5,500,000 0 0.00% 6,000,000 0 0.00%0 0.00% Penalties & Interest on Property Taxes 1,350,000 135,079 10.01% 1,330,000 118,254 8.89% (16,825) -14.23% Payment In Lieu Of Taxes 225,000 0 0.00% 170,000 0 0.00%0 0.00% Communication Taxes 2,625,000 189,716 7.23% 2,500,000 195,547 7.82% 5,831 2.98% Local Sales Tax 17,000,000 1,367,018 8.04% 17,242,500 1,332,046 7.73% (34,972) -2.63% Consumer Utility Tax 3,750,000 434,902 11.60% 3,750,000 270,233 7.21% (164,670) -60.94% Business License Tax 9,100,000 210,673 2.32% 9,614,000 163,598 1.70% (47,075) -28.77% Franchise Tax 750,000 0 0.00% 850,000 0 0.00%0 0.00% Motor Vehicle License Fees 2,450,000 94,524 3.86% 2,475,000 108,343 4.38% 13,818 12.75% Taxes On Recordation & Wills 1,550,000 125,202 8.08% 1,450,000 161,146 11.11% 35,945 22.31% Utility License Tax 565,000 47,726 8.45% 555,000 80,404 14.49% 32,678 40.64% Hotel & Motel Room Taxes 2,050,000 81,996 4.00% 2,250,000 73,649 3.27% (8,347) -11.33% Taxes - Prepared Foods 6,450,000 526,127 8.16% 6,700,000 622,187 9.29% 96,060 15.44% Other Taxes 1,355,000 66,979 4.94% 1,180,000 84,835 7.19% 17,857 21.05% Animal Control Fees 42,500 5,523 12.99% 42,500 9,613 22.62% 4,091 42.55% Land and Building Fees 18,000 650 3.61% 18,650 2,384 12.78% 1,734 72.72% Permits 1,112,872 107,919 9.70% 1,119,040 161,245 14.41% 53,326 33.07% Fees 64,600 7,841 12.14% 64,600 14,247 22.05% 6,406 44.97% Clerk of Court Fees 127,000 16,356 12.88% 155,000 12,021 7.76% (4,335) -36.06% Photocopy Charges 210 0 0.00% 210 0 0.00%0 0.00% Fines and Forfeitures 558,500 38,115 6.82% 500,000 39,088 7.82% 973 2.49% Revenues from Use of Money 1,229,586 183,648 14.94% 1,184,745 151,202 12.76% (32,446) -21.46% Revenues From Use of Property 185,014 40,662 21.98% 165,254 20,929 12.66% (19,733) -94.29% General Fund - C100 For the Two Months Ending Sunday, August 31, 2025 Charges for Services 4,145,100 263,691 6.36% 4,725,100 447,124 9.46% 183,433 41.03% Charges for Public Services 80,000 (75) -0.09% 80,000 (1,847) -2.31% (1,772) 95.94% Education Aid-State 0 0 0.00%0 0 0.00%0 0.00% Reimb-Shared Programs Salem 1,396,800 39,852 2.85% 1,663,301 48,469 2.91% 8,617 17.78% Miscellaneous Revenue 303,200 28,825 9.51% 306,600 50,560 16.49% 21,735 42.99% Recovered Costs 1,050,000 205,969 19.62% 975,000 160,936 16.51% (45,032) -27.98% Non-Categorical Aid 418,000 416,578 99.66% 418,000 431,662 103.27% 15,084 3.49% Shared Expenses 6,371,084 188,311 2.96% 7,058,115 564,529 8.00% 376,218 66.64% Welfare & Social Services-Categorical 5,425,000 447,205 8.24% 4,964,456 493,814 9.95% 46,609 9.44% Other State Categorical Aid 2,523,710 663,535 26.29% 2,659,630 673,893 25.34% 10,358 1.54% Welfare & Social Services 6,765,000 668,093 9.88% 6,950,000 789,189 11.36% 121,096 15.34% Education Aid-Federal 0 0 0.00%0 0 0.00%0 0.00% Other Categorical Aid 0 0 0.00%0 0 0.00%0 0.00% Other Financing Sources 365,000 0 0.00% 250,000 0 0.00%0 0.00% Transfers 0 0 0.00%0 0 0.00%0 0.00% General Fund - C100 For the Two Months Ending Sunday, August 31, 2025 Legislative 274,494 47,134 17.17% 304,690 34,904 11.46% (12,230) -35.04% General & Financial Administration 10,632,225 1,867,810 17.57% 11,168,979 2,154,373 19.29% 203,630 9.88% Electoral Board & Officials 1,038,250 90,525 8.72% 1,060,637 98,318 9.27% 7,793 7.93% Courts 1,911,992 117,126 6.13% 1,966,887 382,729 19.46% 288,496 75.38% Other Judicial Support 1,819,030 338,000 18.58% 1,879,594 371,013 19.74% 33,013 8.90% Law Enforcement & Traffic Cont 20,485,586 3,823,001 18.66% 22,109,931 4,041,436 18.28% 171,264 4.32% Fire and Rescue 25,510,476 4,603,340 18.04% 27,775,560 5,188,613 18.68% 636,304 12.50% Correction & Detention 12,827,609 1,876,360 14.63% 12,883,301 1,854,548 14.39% (25,605) -1.39% Animal Control 1,305,828 229,495 17.57% 1,404,865 206,937 14.73% (22,558) -10.90% General Services Administration 1,424,992 251,324 17.64% 1,515,310 275,087 18.15% 21,476 7.87% Refuse Disposal 6,228,560 906,098 14.55% 6,373,525 972,452 15.26% 85,861 9.00% Maint Buildings & Grounds 5,875,468 1,057,722 18.00% 6,225,894 1,110,105 17.83% 53,328 4.88% Engineering 2,851,962 446,592 15.66% 2,930,099 529,263 18.06% 83,459 15.79% Inspections 1,132,091 217,102 19.18% 1,196,983 204,974 17.12% (12,128) -5.92% Garage Complex 0 0 0.00%0 0 0.00%0 0.00% Mental Health 0 0 0.00%0 0 0.00%0 0.00% Public Health 767,419 177,605 23.14% 805,790 191,855 23.81% 14,250 7.43% Social Services Administration 10,856,721 1,819,251 16.76% 10,949,378 2,156,147 19.69% 336,897 15.62% Comprehensive Services Act 0 0 0.00%0 0 0.00%0 0.00% Public Assistance 4,918,666 842,410 17.13% 5,187,550 785,392 15.14% (57,018) -7.26% Social Services Organizations 0 0 0.00%0 0 0.00%0 0.00% Parks & Recreation 3,048,494 599,422 19.66% 3,060,184 655,519 21.42% 55,297 8.45% Library 5,221,194 877,200 16.80% 5,323,836 949,002 17.83% 79,878 8.45% Cultural Enrichment 0 0 0.00%0 0 0.00%0 0.00% Planning & Zoning 1,922,932 364,095 18.93% 1,940,583 347,676 17.92% 17,072 5.41% Cooperative Extension Program 145,391 26 0.02% 145,391 25 0.02% (2) -6.45% Economic Development 680,371 199,126 29.27% 732,353 203,107 27.73% 9,997 5.45% Public Transportation 510,000 79,775 15.64% 510,000 53,068 10.41% (26,707) -50.33% Contribution to Human Service Organizations 0 0 0.00%0 0 0.00%0 0.00% General Fund - C100 For the Two Months Ending Sunday, August 31, 2025 Employee Benefits 3,260,820 157,744 4.84% 3,406,743 523,568 15.37% 365,824 69.87% Dixie Caverns Landfill Cleanup 62,700 4,662 7.44% 62,700 8,738 13.94% 4,076 46.65% Miscellaneous 10,683,516 2,310,250 21.62% 11,324,859 2,221,488 19.62% (88,763) -4.00% Tax Relief/Elderly & Handicapp 1,694,060 1,091,533 64.43%0 0 0.00% (1,091,533) 0.00% Refuse Credit Vinton 225,000 0 0.00% 225,000 0 0.00%0 0.00% Board Contingency 50,000 0 0.00% 50,000 0 0.00%0 0.00% Unappropriated Balance 0 0 0.00%0 0 0.00%0 0.00% Interfund Transfers Out 116,861,844 27,770,803 23.76% 122,558,134 28,938,631 23.61% 1,167,828 4.04% Intrafund Transfers Out 6,253,812 996,262 15.93% 7,312,945 3,850,519 52.65% 2,854,257 74.13% General Fund - C100 For the Two Months Ending Sunday, August 31, 2025 ACTION NO. _______________ ITEM NO. __________________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2025 AGENDA ITEM: Accounts Paid – August 2025 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors -$ -$ 12,199,925.88$ Payroll 08/01/25 2,188,899.95 18,626.22 2,207,526.17 Payroll 08/15/25 2,367,007.00 12,663.87 2,379,670.87 Payroll 08/29/25 2,394,299.60 14,458.67 2,408,758.27 Manual Checks - - - Grand Total 19,195,881.19$ A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. : September 23, 2025 : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Aug-25 SUMMARY OF INFORMATION: CASH INVESTMENT: JP MORGAN 8,424,030.54 HOMETRUST 2,977,186.38 11,401,216.92 GOVERNMENT: TRUIST ROA CONTRA 0.00 TRUIST ROA 1,000,000.00 ROCKEFELLER CONTRA (4,660.00) ROCKEFELLER 6,000,000.00 6,995,340.00 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 34,429,059.44 ROCO EMA PORTFOLIO 1,122,109.71 ROCO EMA PORTFOLIO CONTRA 26,955.40 VA MINT 5,032,041.82 40,610,166.37 MONEY MARKET: ATLANTIC UNION BANK 4,974,472.91 HOMETRUST BANK 4,455,853.39 TRUIST ROA 4,928,543.02 ROCKEFELLER 29,382,934.24 43,741,803.56 PUBLIC FUNDS: BANK OF BOTETOURT 7,883,626.60 7,883,626.60 TOTAL 110,632,153.45 09/23/2025 Page 1 of 2 ACTION NO. ITEM NO.K.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2025 AGENDA ITEM: Work session to review with the Board of Supervisors the preliminary and unaudited financial results for the fiscal year ending June 30, 2025 for the County of Roanoke, Virginia, and the FY 2026-2027 Budget Development Process and Changes to the Comprehensive Financial Policy SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Provide the Board of Supervisors a preliminary overview of the financial results for fiscal year ending June 30, 2025 and discuss the FY 2026-2027 Budget Development Process and changes to the Comprehensive Financial Policy BACKGROUND: Per Section 4-1 and 4-5 of the County of Roanoke's Comprehensive Financial Policy, County staff will provide a year-end comparison of budgeted to actual revenues and expenditures for the previous fiscal year. This presentation provides an overview of the budgeted and actual revenues and expenditures of the general government and other funds, along with information on fund balance reserves and policies. Staff will also review the FY 2026-2027 Budget Development Process and changes to the Comprehensive Financial Policy DISCUSSION: The Department of Finance and Management Services is currently working through the financial results for fiscal year ending June 30, 2025, and preparing for the annual audit of those results. The purpose of this work session is to provide the Board of Supervisors with preliminary and unaudited revenue and expenditure information for County funds Page 2 of 2 as of June 30, 2025. Staff will also review the FY 2026-2027 Budget Development Process and changes to the Comprehensive Financial Policy. FISCAL IMPACT: There is no fiscal impact associated with the receipt of this information. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive the preliminary financial results for fiscal year ending June 30, 2025 and discussion on the FY 2026-2027 Budget Development Process and changes to the Comprehensive Financial Policy. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2025 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.