HomeMy WebLinkAbout9/23/2025 - Adopted Board Records ACTION NO. 092325-1
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.
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ACTION NO. 092325-2
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.
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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.
VOTE:
Supervisor Hooker moved to adopt the resolution. Supervisor Mahoney seconded the
motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑ ❑
Mr. North ® ❑ ❑
Mr. Mahoney ® ❑ ❑
Ms. Shepherd ® ❑ ❑
Mr. Radford ® ❑ ❑
CC: Megan Cronise, Assistant Director of Planning
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 23, 2025
RESOLUTION 092325-2 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
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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
On motion of Supervisor Hooker to adopt the resolution; seconded by
Supervisor Mahoney and carried by the following roll call and recorded vote:
AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford
NAYS: No
A COPY TESTS:
L. Caywood, P.E.
County Administrator/ Clerk to the Board of Supervisors
CC: Megan Cronise, Assistant Director of Planning
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ACTION NO. 092325-3
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 1 of 4
• 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
DRAI NAG EWAYS
• 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
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• 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.
VOTE:
Supervisor North moved to approve the ordinance. Supervisor Radford seconded the
motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑ ❑
Mr. North ® ❑ El
Mr. Mahoney ® ❑
Ms. Shepherd
Mr. Radford El
Page 3 of 4
CC: Tarek Moneir, Director of Development Services
Peter S. Lubeck, County Attorney
Page 4 of 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 23, 2025
ORDINANCE 092325-3 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:
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CHAPTER 8.1 - EROSION AND STORMWATER MANAGEMENT
PROGRAM
Pursuant to § 62.1-44.15:27 of the Code of Virginia, this ordinance is adopted as part of an
initiative to integrate the County of Roanoke stormwater management requirements with the
County of Roanoke erosion and sediment control requirements into a consolidated erosion and
stormwater management program. The erosion and stormwater management program is intended
to facilitate the submission and approval of plans, issuance of permits, payment of fees, and
coordination of inspection and enforcement activities for land-disturbing activities into a more
convenient and efficient manner for both the County of Roanoke and those responsible for
compliance with these programs.
Section 8.1-1 TITLE, PURPOSE,AND AUTHORITY.
A. This ordinance shall be known as the"Erosion and Stormwater Management Ordinance of
the County of Roanoke."
B. The purpose of this ordinance is to ensure the general health, safety, and welfare of the
citizens of the County of Roanoke to protect the quality and quantity of state waters
from the potential harm of unmanaged stormwater and soil erosion, including protection
from a land disturbing activity causing unreasonable degradation of properties, water
quality, stream channels, steep slopes, and other natural resources, and to establish
procedures whereby stormwater requirements related to water quality and quantity shall
be administered and enforced.
C. This ordinance is authorized by § 62.1-44.15:27 of the Code of Virginia.
D. Applicability of chapter in Town of Vinton: The provisions of this chapter shall be
applicable within the corporate limits of the Town of Vinton. Administrative procedures
and review fees may be established to accommodate the review of plans for development
located within the Town.
Section 8.1-2 DEFINITIONS.
The following words and terms, when used in this ordinance, shall have the following
meanings, unless the context clearly indicates otherwise.
"Adequate channel" means a channel that will convey the designated frequency storm event
without overtopping the channel bank nor causing erosive damage to the channel bed or banks.
"Agreement in lieu of a plan"means a contract between the County of Roanoke and the owner
or permittee that specifies methods that shall be implemented to comply with the requirements of
the VESMA and this ordinance for the construction of a (i) single-family detached residential
structure or (ii) farm building or structure on a parcel of land with a total impervious cover
percentage, including the impervious cover from the farm building or structure to be constructed,
of less than five percent, or (iii) other regulated land disturbing activities that disturb between
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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.
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"Comprehensive stormwater management plan"means a plan, which may be integrated with
other land use plans or regulations that specifies how the stormwater quality components,quantity
components,or both are to be managed based on an entire watershed or a portion thereof.The plan
may also provide for the remediation of erosion,flooding,and water quality and quantity problems
caused by prior development.
"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
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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.
"Drainagewav"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
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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 administfateFAdministrator, as follows:
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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..-
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"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.
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"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.
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"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
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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.
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"Site hydrology" means the movement of water on, across, through, and off the site as
determined by parameters including soil types, soil permeability,vegetative cover, seasonal water
tables, slopes, land cover, and impervious cover.
"Slope drain"means a pipe,tube, or conduit made of nonerosive material extending from the
top to the bottom of a cut or fill slope with an energy dissipator at the outlet end for the purpose of
carrying stormwater down the slope in a non-erosive manner.
"Small construction activity"means:
1. Construction activities including clearing, grading, and excavating that result in land
disturbance that is equal to or greater than one acre and less than five acres. Small
construction activity also includes the disturbance of less than one acre of total land
area that is part of a larger common plan of development or sale if the larger common
plan will ultimately disturb equal to or greater than one and less than five acres. Small
construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of the
facility. The department may waive the otherwise applicable requirements in a general
permit for a stormwater discharge from construction activities that disturb less than five
acres where stormwater controls are not needed based on an approved"total maximum
daily load"(TMDL)that addresses the pollutants of concern or,for nonimpaired waters
that do not require TMDLs,an equivalent analysis that determines allocations for small
construction sites for the pollutants of concern or that determines that such allocations
are not needed to protect water quality based on consideration of existing in-stream
concentrations, expected growth in pollutant contributions from all sources, and a
margin of safety. The pollutants of concern include sediment or a parameter that
addresses sediment(such as total suspended solids,turbidity,or siltation)and any other
pollutant that has been identified as a cause of impairment of any water body that will
receive a discharge from the construction activity. The operator shall certify to the
Department that the construction activity will take place, and stormwater discharges
will occur, within the drainage area addressed by the TMDL or provide an equivalent
analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications
submitted in support of the waiver shall be submitted electronically by the owner or
operator to the Department in compliance with this subdivision and 40 CFR Part 3
(including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-940, and Part XI
(9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System
(VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing
requirements for electronic reporting. Prior to this date, and independent of Part XI of
9VAC25-31, permittees may be required to report electronically if specified by a
particular permit.
2. Any other construction activity designated by either the Department or the EPA
regional administrator,based on the potential for contribution to a violation of a water
quality standard or for significant contribution of pollutants to surface waters.
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"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
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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
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c. That are used or could be used for industrial purposes by industries in interstate
commerce;
4. All impoundments of waters otherwise defined as surface waters under this definition;
5. Tributaries of waters identified in subdivisions 1 through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters(other than waters that are themselves wetlands)identified
in subdivisions 1 through 6 of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law,are not surface waters. Surface waters do not include
prior converted cropland. Notwithstanding the determination of an area's status as prior
converted cropland by any other agency, for the purposes of the CWA, the final authority
regarding the CWA jurisdiction remains with the EPA.
"SWM"means stormwater management.
"Temporary vehicular stream crossing" means a temporary non-erodible structural span
installed across a flowing watercourse for use by construction traffic. Structures may include
bridges,round pipes, or pipe arches constructed on or through non-erodible material.
"Ten-year storm"means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in 10 years. It may also be expressed as an exceedance probability with a
10% chance of being equaled or exceeded in any given year.
"Total maximum daily load" or "TMDL" means the sum of the individual wasteload
allocations for point sources, load allocations (LAs) for nonpoint sources, natural background
loading,and a margin of safety.TMDLs can be expressed in terms of either mass per time,toxicity,
or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-
offs.
"Town"means an incorporated town.
"Two-year storm"means a storm that can produce rainfall expected to be equaled or exceeded
on the average of once in two years. It may also be expressed as an exceedance probability with a
50% chance of being equaled or exceeded in any given year.
"Virginia Erosion and Stormwater Management Act"or "VESMA"means Article 2.3 (§ 62.1-
44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.
"Virginia Erosion and Stormwater Management Program" or "VESMP" means a program
established by the VESMP authority for the effective control of soil erosion and sediment
deposition and the management of the quality and quantity of runoff resulting from land-disturbing
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 considered the single outlet
for the watershed.
"Wetlands"means those areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps,marshes,bogs, and similar areas.
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Section 8.1-3 ADMINISTRATION OF CHAPTER IN CONJUNCTION WITH
SUBDIVISION AND ZONING ORDINANCES.
This chapter shall be administered,where applicable,in conjunction with the County 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 Sections 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.
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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.
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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;
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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.
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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;
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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.
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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;
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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 Natie„alp Geodetic Vertic t m 198B— 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.
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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 te-vertically to the North American Vertical Datum of 1988(NAVD 88)and
26
horizontally to the North American Datum of 1983 (NAD 83 (2011)),
Geoa ti,, V Dam i 988 and North n m D t, i 983
�e� i -� i ��e�ic-�-�«��o� 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 Manual1" "
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.
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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,
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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:
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:
4a.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.
27b.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.
4d.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.
64.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.
77g.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.
&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.
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
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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 section8.1-12 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
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 hefts Stormwater
Management Design Manualmeets the County building permit plot pia ro e ents
2. Where the land-disturbing activity from the c- nstructi r of a g e f mil 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 thefts Stormwater Management Design
Manual , 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)), te-the National GeodetdcVertical-Datum 1988 and North America, Da m
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
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
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 binding
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 ., place and time „ „t f membe, „fthe HOn
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 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;
4-2.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
34.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.
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,
rchitect landscape architect land " nt t n rticle l « 54 l 100 et seq.)of
Ch to f T•tl l ,l thv t; ht
cauprcr4 ^vr-rrcre--�4-r-crperr9i3-,b� 6-���6 �cS�airacr-crrc- evcr6i3--a}2 6��i-�z-grcr-6
licensed professional engineer, architect, landscape architect,or land surveyor; or a person
..he h l,la a ate ce..tif:cate of competence fr m the Depa.-tment
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
t re,l .,t t„ 9\7AC25 875 l 3n he s„b;ect t„ p odic : ections 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. Anv sStormwater structures and stormwater management facilities were-required as a
condition for parcel development.Terefere,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
following arc 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 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.
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-Beardzs-appreved-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 keepe 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 Supefvisor-s-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 21Cthis 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 often 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:
ia_The name and address of the person charged.
ib_The nature of the violation and chapter provision(s)being violated.
imc_The location, date, and time that the violation occurred, or was observed.
i d_The amount of the civil penalty assessed for the violation.
Ne.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.
37c.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(hB)
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 $90.00
Administration Fee
Second& Subsequent Renewals of Annual
Permits (Erosion and Sediment Control, Site
Plan, and/or Large Subdivision Development $750.00 (Due July 1st every year)
Permits)
Vacations (Plats, Easements, & Rights-of-Way) $150.00 + $600.00 advertising fee
5% fee on all permit issuing fees (to be
imposed on every transaction processed by
Technology Fee the County of Roanoke's Department of
Development Services & Department of
Planning&Zoning related to applications for
development, rezoning, construction, etc.)
AB. 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 4-2. [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 4-2.
Table 12: Fees for permit issuance
Total fee Department
to be paid by portion of
applicant "total fee
Fee type (includes both
the County of to be paid by
Roanoke and applicant"
Department fee paid*)
portions,where
applicable)
Chesapeake Bay Preservation Act
Land-Disturbing Activity (not subject to General
Permit coverage; sites within designated areas of
Chesapeake Bay Act localities with land- $290 SO
disturbance acreage equal to or greater than 2,500
square feet and less than 1 acre)
General/Stormwater Management- Small
Construction Activity/Land Clearing (Areas within
common plans of development or sale with land $290 81
disturbance acreage less than 1 acre.)
General/Stormwater Management- Small
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $2,700 $756
land disturbance acreage equal to or greater than 1
acre and less than 5 Acres)
General/Stormwater Management- Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $3,400 S952
land disturbance acreage equal to or greater than 5
acres and less than 10 acres)
General/Stormwater Management-Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $4,500 $1,260
land disturbance acreage equal to or greater than 10
acres and less than 50 acres)
General/Stormwater Management- Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $6,100 $1,708
land disturbance acreage equal to or greater than 50
acres and less than 100 acres)
47
General/Stormwater Management- Large
Construction Activity/Land Clearing (Sites or areas
within common plans of development or sale with $9,600 $2,688
land disturbance acreage equal to or greater than
100 acres)
* 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.
WC. 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 fLeealityithe 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 42.
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 S20
disturbance acreage less than 1 acre)
General/Stormwater Management-Small Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale
200
with land disturbance acreage equal to or greater than 1 and less than 5
acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $250
with land disturbance acreage equal to or greater than 5 acres and less
than 10 acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $300
with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $450
with land disturbance acreage equal to or greater than 50 acres and less
than 100 acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $700
with land disturbance acreage equal to or greater than 100 acres)
48
ED. 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 $50
Chesapeake Bay Act localities with land-disturbance acreage equal to or
greater than 2,500 square feet and less than 1 acre)
General/Stormwater Management- Small Construction Activity/Land
Clearing (Areas within common plans of development or sale with land S50
disturbance acreage less than 1 acre)
General/Stormwater Management- Small Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale S400
with land disturbance equal to or greater than 1 acre and less than 5
acres)
General/Stormwater Management- Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $500
with land disturbance acreage equal to or greater than 5 acres and less
than 10 acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $650
with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
General/Stormwater Management- Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $900
with land disturbance acreage equal to or greater than 50 acres and less
than 100 acres)
General/Stormwater Management-Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale $1,400
with land disturbance acreage equal to or greater 100 acres)
General permit coverage maintenance fees shall be paid annually to the County of Roanoke
by the anniversary date of general permit coverage. No permit will be reissued or
automatically continued without payment of the required fee. General permit coverage
maintenance fees shall be applied until a Notice of Termination is effective.
D E. The fees set forth in Subsections A-B through ED 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.
IMF. Permit and permit coverage maintenance fees outlined under Section 8.1-265 Section 5.8
may apply to each general permit holder.
F7G. No general permit application fees will be assessed to:
1. Permittees who request minor modifications to general permits as defined in Section
448.1-2 —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
Roams Roanoke or errors related to the acreage of the site.
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—snaliRoanoke 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 "'ayRoanoke 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.
50
2. This ordinance shall be effective immediately upon adoption.
On motion of Supervisor North to approve the ordinance; seconded by
Supervisor Radford and carried by the following roll call and recorded vote:
AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford
NAYS: None
A COPY TESTE:
AA,
Richard L. �� ood, P.E.
County ►ministrator/Clerk to the Board of Supervisors
CC: Tarek Moneir, Di -ctor • 0 evelopment Services
Peter S. Lubeck, County Attorney
51
ACTION NO. 092325-4
ITEM NO. F.1-2
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: Confirmation of appointments to the Community Policy and
Management Team (CPMT); Economic Development
Authority (By District)
SUBMITTED BY: Rhonda D. Perdue
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Confirmation of appointments
DISCUSSION:
Community Policy and Management Team:
The Community Policy and Management Team has recommended the appointment of
Sergeant Stephen Voss to replace Sergeant Dan Walters as the Roanoke County Law
Enforcement's alternate representative. There is no term for this appointment.
Economic Development Authority (By District):
Supervisor Paul M. Mahoney has recommended the reappointment of Michael Cagle to
represent the Cave Spring Magisterial District for an additional term, which will expire
September 26, 2029.
Supervisor Tammy E. Shepherd has recommended the reappointment of Mike Altizer to
represent the Vinton Magisterial District for an additional term, which will expire
September 26, 2029.
FISCAL IMPACT:
There is no fiscal impact associated with these appointments.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends confirmation of the above appointments.
VOTE:
Supervisor Mahoney moved to approve all appointments. Supervisor Shepherd
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑ El
Mr. North ® ❑ ❑
Mr. Mahoney El
Ms. Shepherd El
•
Mr. Radford ® ❑ ❑
CC: Grace McCown, CSA Coordinator
Sgt. Stephen Voss
Megan Baker, Director of Economic Development
Michael Cagle
Mike Altizer
Page 2 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 092325-5.a-i 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
Page 1 of 2
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, AgriculturalNillage 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 NG911 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.
On motion of Supervisor North to adopt all matters on the consent agenda;
seconded by Supervisor Hooker and carried by the following roll call and recorded vote:
AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford
NAYS: None
A COPY TESTE:
L. Caywood, P.E.
County Administrator/ Clerk to the Board of Supervisors
CC: Susan Goad, Director of Social Services
Elijah Daly, Director of Human Resources
Laurie Gearheart, Director of Finance and Management Services
Joshua Pegram, Finance
Susan Slough, Director of Emergency Communications
Commander Pat Pascoe, Roanoke County Police Department
Page 2 of 2
ACTION NO. 092325-5.b
ITEM NO. G.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 23, 2025
AGENDA ITEM: 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
SUBMITTED BY: Susan Goad
Director of Social Services
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Appropriation of funding from the Commonwealth of Virginia in the amount of
$70,806.73 for a new Family Services Supervisor-Child Protective Services to manage
the staff and expand their programs and adding a new supervisor to the classification
and pay plan.
BACKGROUND:
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 allow local departments to expand their CPS programs.
DISCUSSION:
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
Department of Social Services. This was approved by the 2025 General Assembly for
FY2026 to assist with the ratio of workers to supervisors. Localities were ranked from
the highest to lowest ratio, and one supervisor was allocated to the 12 highest-ranked
localities that indicted their ability to secure the local match for the position and ranked
their need for supervisors as 3 or higher. Based on this analysis, Roanoke County was
Page 1 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.
VOTE:
Supervisor North moved to approve the ordinance. Supervisor Hooker seconded the
motion. Motion approved.
Yes No Absent
Ms. Hooker �� 0
Mr. North El
Mr. Mahoney
Ms. Shepherd El
Mr. Radford ® 0
CC: Susan Goad, Director of Social Services
Elijah Daly, Director of Human Resources
Laurie Gearheart, Director of Finance and Management Services
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, 2025
ORDINANCE 092325-5.b 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.
On motion of Supervisor North to approve the ordinance; seconded by
Supervisor Hooker and carried by the following roll call and recorded vote:
AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford
NAYS: None
A COPY TESTE:
Richarg . Caywood, P.E.
Co . ty Administrator/ Clerk to the Board of Supervisors
CC: Susan Goad, Director of Social Services
Elijah Daly, Director of Human Resources
Laurie Gearheart, Director of Finance and Management Services
ACTION NO. 092325-5.c
ITEM NO. G.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 23, 2025
AGENDA ITEM: 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.
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Consent agenda item for first reading of ordinance.
BACKGROUND:
The first reading of this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for October 28, 2025.
The title of this ordinance is as follows:
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.
DISCUSSION:
There is no discussion on this item.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
. 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.
VOTE:
Supervisor North moved to approve the first reading of this ordinance and scheduling
the second reading and public hearing for October 28, 2025. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑ 11
Mr. North
Mr. Mahoney
Ms. Shepherd
Mr. Radford ® ❑
Page 2 of 2
ACTION NO. 092325-5.d
ITEM NO. G.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 23, 2025
AGENDA ITEM: 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.
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Consent agenda item for first reading of ordinance.
BACKGROUND:
The first reading of this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for October 28, 2025.
The title of this ordinance is as follows:
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.
DISCUSSION:
There is no discussion on this item.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
. 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.
VOTE:
Supervisor North moved to approve the first reading of this ordinance and scheduling
the second reading and public hearing for October 28, 2025. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker
Mr. North
Mr. Mahoney
Ms. Shepherd ® 0
Mr. Radford ® ❑
Page 2 of 2
ACTION NO. 092325-5.e
ITEM NO. G.5
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: 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.
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
• County Administrator
ISSUE:
Consent agenda item for first reading of ordinance.
BACKGROUND:
The first reading of this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for October 28, 2025.
The title of this ordinance is as follows:
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.
DISCUSSION:
There is no discussion on this item.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
. 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.
VOTE:
Supervisor North moved to approve the first reading of this ordinance and scheduling
the second reading and public hearing for October 28, 2025. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker
Mr. North
Mr. Mahoney ® ❑
Ms. Shepherd ® ❑ ❑
Mr. Radford ® ❑
Page 2 of 2
ACTION NO. 092325-5.f
ITEM NO. G.6
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: The petition of Hamlar Properties, LLC, to rezone
approximately 3.8 acres from AR, Agricultural/Residential
District, to AV, AgriculturalNillage Center District, and obtain
a special use permit to construct a multi-family development
located at 3037 and 3133 Rutrough Road, Vinton Magisterial
District.
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Consent agenda item for first reading of ordinance.
BACKGROUND:
The first reading of this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for October 28, 2025.
The title of this ordinance is as follows:
The petition of Hamlar Properties, LLC, to rezone approximately 3.8 acres from AR,
Agricultural/Residential District, to AV, AgriculturalNillage Center District, and obtain a
special use permit to construct a multi-family development located at 3037 and 3133
Rutrough Road, Vinton Magisterial District.
DISCUSSION:
There is no discussion on this item.
Page 1 of 2
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
. 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.
VOTE:
Supervisor North moved to approve the first reading of this ordinance and scheduling
the second reading and public hearing for October 28, 2025. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑
Mr. North ® ❑
Mr. Mahoney
Ms. Shepherd El
Mr. Radford El
Page 2 of 2
ACTION NO. 092325-5.q
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
totaling $81,362.56. This amount is the difference between the phone bill payments
Page 1 of 2
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.
VOTE:
Supervisor North moved to accept and allocate the grant funds. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker
Mr. North
Mr. Mahoney
Ms. Shepherd ® ❑
Mr. Radford El
CC: Susan Slough, Director of Emergency Communications
Laurie Gearheart, Director of Finance and Management Services
Joshua Pegram, Finance
Page 2 of 2
ACTION NO. 092325-5.h
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 1 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.
VOTE: •
Supervisor North moved to approve the first reading of this ordinance and scheduling
the second reading for October 14, 2025. Supervisor Hooker seconded the motion.
Motion approved.
Yes No Absent
Ms. Hooker El El
Mr. North ® ❑ �
Mr. Mahoney ® ❑ El
Ms. Shepherd ® ❑ �
Mr. Radford �� ❑ �
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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.
ACTION NO. 092325-5.i
ITEM NO. G.9
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 the grant funds in the
amount of $187,735 from the Department of Motor Vehicles
for the purpose of Selective Enforcement.
SUBMITTED BY: Pat Pascoe
Commander
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Acceptance and allocation of $187,735 in total grant funding from the Department of
Motor Vehicles for the purpose of Selective Enforcement
BACKGROUND:
The Virginia Highway Safety Office, part of the Virginia Department of Motor Vehicles,
oversees the funding and coordination of various highway safety grant programs.
These programs are designed to improve the safety of motorists by focusing on a
variety of factors that contribute to motorist injury. The Roanoke County Police
Department has been awarded Selective Enforcement Grants as part of the ongoing
initiative to reduce traffic fatalities in the Commonwealth of Virginia.
The Roanoke County Police Department has received grants from the Department of
Motor Vehicles for approximately 26 years. The Police Department uses these grants
to reduce alcohol and speed related fatalities and serious injuries in traffic crashes,
increase occupant protection, and to increase the number of tools used to enforce traffic
laws within Roanoke County.
DISCUSSION:
The Department of Motor Vehicles awarded to the Roanoke County Police Department
the following grants:
Page 1 of 2
1. Selective Enforcement Grant in the amount of $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.
VOTE:
Supervisor North moved to accept and allocate the grant funds. Supervisor Hooker
seconded the motion. Motion approved.
Yes No Absent
Ms. Hooker ® ❑
Mr. North
Mr. Mahoney
Ms. Shepherd
Mr. Radford
CC: Commander Pat Pascoe, Roanoke County Police Department
Laurie Gearheart, Director of Finance and Management Services
Joshua Pegram, Finance
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 23, 2025
RESOLUTION 092325-8 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.
On motion of Supervisor North to adopt the resolution; seconded by Supervisor
Hooker and carried by the following roll call and recorded vote:
AYES: Supervis. _ - • -r, North, Mahoney, Shepherd, Radford
NAYS: N. - -
A COPY TESTE:
Richa.• . Caywood, P.E.
C. my Administrator/ Clerk to the Board of Supervisors