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HomeMy WebLinkAbout2/26/2002 - Regular February 26, 2002 73 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 26, 2002 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by the Reverend Keith Beasley, Good Shepherd Lutheran Church. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 74 February 26, 2002 AGENDA ITEMS Supervisor Minnix advised that he would be late for the evening session because a close associate died and he would be attending the funeral home visitation. Mr. Hodge added an item to the Closed Meeting pursuant to Section 2.2- 3711 a (1) discussion in consideration of the assignment or performance of special officers, appointees, or employees of the County and evaluation of performance of certain departments. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS L. Introduction of JaDanese exchanae students. Mr. Hodge advised that five students from Japan were visiting the Roanoke Valley in an internship exchange program through March 20th. He introduced Dr. Jennifer Mulligan from Virginia Western Community College who has worked with this program for many years and Ms. Kinuko Jambor, a resident of the Roanoke Valley who has provided valuable assistance. He advised that Ms. A. J. Jeffries of Senator Allen's office, who was unable to be present, also worked on the program. Mr. Hodge introduced students Shinako Miyazato, Aoi Suzuki, Yuka Masui, Megumi Nakagawa and Kana Yamada, and Chairman Church presented them with Certificates of Honorary Citizenship. Dr. Mulligan explained the program and thanked Mr. Hodge for his support February 26, 2002 75 for this program when the state and school resources were limited. Ms. Megumi Nakagawa and Ms. Shinako Miyazato thanked the Board for being their hosts. IN RE: BRIEFINGS L. Annual reDort from the Roanoke Vallev Economic DeveloDment PartnershiD. (Phil SDarks. Executive Director) Mr. Sparks reported that the partnership was formed over 20 years ago to market the seven governments with all participating equally. In 2001, they doubled the number of trade shows and marketing missions and he personally covered 60,000 miles carrying the message to other trade show and business leaders throughout the U. S., Asia and Europe. As a result of their efforts, the number of inquiries increased from 200 to 400. They opened 22 new prospect files and made 44 prospect visits. They recommended the County to 13 prospects and showed 23 different properties last year. They sent information about County buildings to 136 inquiries for 23 different properties, with 59 shell building recommendations. They sent a Roanoke County site 80 times and CRT was referred 20 times. Roanoke County had more activity than any other locality. The Partnership was involved in 5 announcements totaling $48.8 million with 315 to 325 jobs in the valley. Already this year, they have had two announcements totaling $6 million and 100 jobs. Today there are 11 active projects, and the County has proposals on seven of these. The climate today is more competitive than the previous 76 February 26, 2002 16 years. Mr. Sparks advised that Mr. Hodge has assembled one of the best economic development teams in the State. Supervisor Minnix thanked Mr. Sparks for his efforts on behalf of the County. Supervisor Nickens inquired what would be the number one impediment for new companies locating in the County. Mr. Sparks advised that one of the biggest problems is the image the area is projecting outside the Roanoke Valley. IN RE: GIFTS FROM JAPANESE STUDENTS Chairman Church recognized Dr. Mulligan who advised that the Japanese students forgot to present their gifts to the members of the Board and Mr. Hodge. The students presented their gifts at this time. 2. Briefina on citizen concerns about aDDraisal Drocess. (William Driver. Director. Real Estate Valuation) Mr. Driver advised that he would like to clarify information concerning the appraisal process, the annual reassessment, and concerns mentioned during citizen comments on January 22, 2002 and February 12, 2002. He advised that in conducting a reassessment the primary focus is attaining market value and equalization. The County has 42,156 parcels that must be appraised annually. Each appraiser is responsible for an average of 4,684 parcels, while making inspections of over 1,561 February 26, 2002 77 parcels per year. Every property is inspected or reviewed throughout the reassessment year. Each parcel is assigned to a neighborhood based on style, size, zoning, age of buildings, and a desire for homogeneity or similar factors. This allows the appraisers to compare sales that have occurred within this neighborhood to the individual properties that lie within this area. Sales are the basis of the market comparison approach, and are explained to citizens if they make an appeal of their appraisal. Mr. Driver advised that recently, several citizens were concerned that their 2002 property appraisals increased identically with other properties within their neighborhood, and they were concerned that identical increases were assigned to every parcel within their area. Research indicates that there is no trend of properties increasing at identical amounts, but varies as market indicates. He referred to the information that he supplied the Board members from three neighborhoods which were Glenvar Heights Boulevard, Bradshaw Road, and Oakland Boulevard showing the amount of change between the 2001 and 2002 reassessment values. A review of sixty- five parcels indicated only three parcels received an increase of $4,000. Supervisor Nickens advised that he thinks it is important for citizens to know that every property is not visited each year; that neighborhood values are what drives the assessment; and that members of the Board or the County Administrator do not influence the Assessors' Office relative to generating revenue from real estate appraisal. 78 February 26, 2002 IN RE: NEW BUSINESS L. ADDroval to acceDt donations for the Playdreamers Plavaround Proiect to build a Dlavaround in Starkev Park. (Pete HaisliD. Director. Parks. Recreation & Tourism) A-022602-1 Mr. Haislip advised that last year, a group of parents calling themselves the Playdreamers, represented by Ms. Kelly St. Clair, approached the Parks, Recreation, and Tourism Department looking for a piece of property on which to construct a large community playground. Their concept is based on the Robert Leathers Process, an interactive community design/build process where a playground consultant facilitates a series of design charettes with groups of children to develop a theme and the actual design for a playground. After looking at numerous land options, the Playdreamers chose Starkey Park for this project. He asked for approval under the policy adopted by the Board on October 23, 2001, to accept donations, establish an account for this project and authorize the County Attorney to issue a tax exempt letter to the Playdreamers. Ms. St. Clair distributed some pictures of various playgrounds and thanked Mr. Haislip for his assistance in this project. In response to Supervisor Church, Mr. Haislip advised that $500 would be the County's cost for maintenance. Ms. St. Clair advised that the total cost of the project will be $100,000 to $150,000. In response to February 26, 2002 79 Supervisor Church's inquiry about liability, Mr. Mahoney advised that this would not pose any greater risks than any other recreation project. Supervisor Minnix moved to approve the staff recommendation which was to accept donation and establish an account for the Playdreamers playground project. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. ADDroval of ADDalachian Power ComDanv as the onlv source Dracticablv available to Drovide electric service and street lightina service. and authorizina an extension of current contracts. (Garv Robertson. Director. Utility) R-022602-2 Chairman Church recognized Mr. Terry Hall from AEP who was present. Mr. Robertson advised that the County participates with other local governments through the Virginia Municipal League (VML) and the Virginia Association of Counties (VACo) to negotiate governmental electric power rates contract every three years. These contracts have included all three components of retail electric service, which are generation, transmission and distribution. The current contract with APCo expires on June 30, 2002. In 1999 the General Assembly adopted the Virginia Electric 80 February 26, 2002 Utility Restructuring Act, which granted customers a choice for the generation element of electric service. The transmission and distribution elements will continue to be provided by APCo. The VML/VACo steering committee has negotiated a settlement agreement dated December 18, 2001, whereby APCo has agreed to provide public authorities the following options: (1) terminate the current contracts on June 30, 2002; (2) extend the contracts at scheduled rates to December 31, 2003; or (3) extend the current contracts through June 30, 2007 at rate schedules approved by the State Corporation Commission (SCC). Mr. Robertson advised that if option (3) is chosen, the locality must notify APCo by March 18, 2002 that it has chosen APCo to provide generation service through June 30, 2007; that it will not choose a different supplier prior to that date, and that it will not request the SCC to determine rates and provisions for default service different from that provided under its contract. He further reported that the County presently budgets $878,920 for electric service. Of this amount $526,000 is in the utility fund and $352,920 is in the general fund. Roanoke County schools are not included in these numbers. While remaining with APCo for power generation will provide a stable rate structure, increases can be expected in the range of 5 - 10% per year under the settlement proposal. A report by GDS Associates, Inc. concluded that competitive retail market prices available to public authorities on the open market are likely to be at least 50% higher than February 26, 2002 81 charges under the proposed settlement agreement with APCo. The Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions set forth in the settlement agreement. Staff recommends that the Board approve the attached resolution, which recommends that the contract with APCo be extended to June 30, 2007. The School Board was presented with this option at their meeting on February 14, 2002, and will make their decision on February 28,2002. Mr. Mahoney advised that he made a revision to the resolution to draw a distinction between the electric lighting agreement and street lighting agreement. In 1998, the Board adopted and authorized the execution of an agreement with APCo for streets lights that would run through 2008. The negotiating committee for VML/VACo was focusing on the 2007 deadline in the service area. He has received conflicting advice from people as to whether 2007 or 2008 is the appropriate date. In the revised draft of the resolution, he is using the 2008 date for street lights so that the longer period will benefit the County. If that period is not in place, then the County will take advantage of the 2007 date to have as much time as possible for these favorable rates for local electric utility service. Responding to questions from Supervisor McNamara about rates. Mr. Hall advised that under the legislation enacted, the distribution portion of the system in place now will continue to be regulated by the SCC, and APCo will not be allowed to raise 82 February 26, 2002 rates without going through the SCC and a hearing; that the only part of the rate that will be subject to the deregulation will be due to the competition of other suppliers; and any customer at some point could choose a supplier that will give them a price that would be suitable to them. The second part of the legislation is that rates are capped for Virginia utilities through 2007 with one exception. A window was given for SCC to consider a rate change in 2004 but that is the only provision for a rate change of any type in that period through 2007. The negotiations as constrained by legislation enacted says that a customer can choose to stabilize their rates through 2007 unless they choose to solicit a verified supplier. For a public authority or local government, they have the opportunity to better their contract from a supplier or try to stabilize through 2007 before the markets really open. In response to Supervisor McNamara's inquiry about why the County should agree to a five-year contract, Mr. Mahoney advised that this would provide stability during this transition period. Many of the local governments were concerned about a fluctuation in deregulated rates and were trying to secure some stability for a limited amount of time for the benefit of getting a lower rate in totally deregulated market. Based on best advice of VML/VACo, APCo has the best rate structure and looking at the experience of deregulation in other states, it would be difficult for anybody to effectively compete with APCo rates. Mr. Hall responded to several more questions from Supervisor McNamara concerning rates and competition. He also advised February 26, 2002 83 Supervisor Minnix that the generation of electric power is coal based and that the State of Virginia should not encounter reduced electricity due to a drought situation. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 022602-2 DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachian Power Company (sometimes d/b/a American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and WHEREAS, the County's most recent contract for the purchase of electricity supply is for the period beginning July 1, 2000, and will terminate on June 30, 2002, and for street lighting service is for the period beginning July 1, 1998, and will terminate on June 30, 2008; and WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the term of all such contracts to December 31, 2003, at rates set forth in the Company's Schedule 17 on file with the Virginia State Corporation Commission (the "Commission"); and WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission 84 February 26, 2002 ("FERC") seeking approval of amendment of its intercompany agreement which inter alia affects the supply and computation of the price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the Committee and the Town of Wytheville appeared and objected; and WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a negotiated settlement of the FERC proceeding which provides substantial protection against potential escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail customers, including the governmental units, APCo has granted to the governmental units the election or option to: (1) terminate the current contracts on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Commission; and (b) to extend street light service at rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) that it will not chose a different supplier prior to such date; and (Iii) it will not request the Commission to determine rates and provisions for default service different from that provided under its contract, as amended by election (3); and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002. through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement; and WHEREAS, in consideration whereof, APCo is the only source practicably available which can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such bundled service or unbundled generation service for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the Committee; and furthermore, based upon the information and recommendation provided by the Committee, it appears that even if in the future there should develop a truly competitive market in the APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped rates or default rates for public authorities in the APCo area which could place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such alternative generation supplier should default and be unable to provide the electricity; and it further appearing that the contract extensions recommended and agreed to by the Committee will provide this County with a safeguard against excessive electricity generation costs February 26, 2002 85 both at this date and in the foreseeable future due to a lack of real competition in this area of Virginia. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery to the County for the entire needs of the County at established rates for such services for the period from July 1, 2002, through June 30, 2007, and to supply street lighting service to the County at established rates for such service in accordance with the Agreement dated May 28, 1998, for the period through June 30, 2008, all as set forth above, it is hereby determined by this Board that APCo is the only source practicably available to provide such services, as more particularly set forth in the Board Report dated February 26, 2002. 2. This Board accepts the offer of APCo to extend its current contracts for electric service on a bundled basis from July 1, 2002 through June 30, 2007, and for street lighting service through June 30, 2008, and in accordance with the conditions in APCo's offer, this Board agrees that: (i) it has chosen APCo to provide generation service through June 30, 2007; (Ii) it will not choose a different supplier prior to such date; and, (Iii) it will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended, all as more particularly set forth in the Board Report dated February 26, 2002. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, in form approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer the foregoing election. 4. The Clerk to the Board of Supervisors is directed to notify APCo of the aforesaid election and agreement by transmitting a certified copy of this resolution to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218-1320, who is authorized to deliver the same to APCo. 5. In compliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. On motion of Supervisor Nickens to adopt the resolution. and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 86 February 26, 2002 3. Reauest from J. A. Fielden Co.. Inc.. aeneral contractors for Wal-Mart. Inc.. for a waiver from Drovisions of the County's Noise Ordinance to eXDedite construction. (Elmer Hodae. County Administrator) R·022602-3 Mr. Hodge advised that J. A. Fielder Co. Inc., contractor for the new Wal- Mart at Bonsack, is requesting a waiver of the noise ordinance in order to pour concrete during the night to work on the next day. He introduced Mike McGaugh, Project Manager with J. A. Fielder Co., Jim Miller, Supervisor of Construction with J. A. Fielder Co., and Jerry Day, Wal-Mart Project Manager. He advised that Mike Koon, President of the Bonsack Area Civic League, was unable to be present. Mr. Koon and Supervisor Flora have been instrumental in working through these issues. He advised that George Simpson, Assistant Director of Community Development, and Butch Workman were very helpful with stormwater management and engineering issues. He gave a background of the Wal-Mart project and the negotiations with Wal-Mart on behalf of the citizens to lessen the effects of the construction. He advised that Wal-Mart is now requesting to have the concrete delivered during the night. and the County ordinance only allows construction from 7:00 a.m. until 10:00 p.m. at night. To reduce the effect on the community, they would pour the concrete as many as five nights and construct an entrance lower down the hill February 26, 2002 87 further from the homes for the trucks, and also limit the lighting that will be needed. The County had asked Wal-Mart to increase the height of the berm by an additional ten feet with a fence on top. An agreement was reached today to increase the height of the berm eight feet, put a fence on top of the berm, and add additional fencing. Mr. Simpson displayed a schematic of the project and advised that lots of options were discussed for berm configuration and height as well as the best places for fences and retention ponds. Mr. McGaugh advised that they met this morning to finalize the plans and he would answer questions about the request for the waiver, and Mr. Day would talk about the berm. Mr. Day advised that it will cost Wal-Mart $30,000 to $40,000 to raise the berm and provide more fencing. He advised that the schematic actually brought out some other design changes that would make the project better, and he pointed out those proposed changes. Mr. Day advised Supervisor Nickens that they have a two year warranty with the contractor for replacement of landscaping and after that the store will have a maintenance contract. Supervisors Nickens and McNamara thanked Wal-Mart, the contractor and staff for working through this agreement. In response to Supervisor McNamara's concern about the terms of the agreement not being in writing, Mr. Hodge advised that the details of the agreement need to be worked out and are contingent upon Wal-Mart providing the additional fencing and higher level of the berm. The contractor also needs to give specific dates which at this time are March 4, 6, 8, 11 and 13 for the delivery of the concrete and if 88 February 26, 2002 those dates change, they need to notify the County and citizens several days in advance. Supervisor Flora concurred that the agreement by Wal-Mart to increase the height of the berm 8 feet and put an 8 foot fence on top is much better for the citizens than the original proposal, and he also asked that the agreement be put in writing. Mr. James Jay, a representative from the Bonsack Area Civic League, advised that the citizens are in support of going ahead with having the contractor pour the concrete to move the construction along if Wal-Mart agrees to increase the height of the berm and the additional fencing. Supervisor Flora moved to adopt the ordinance waiving the noise ordinance for a period of five days within a time frame of 21 days ending March 19, 2002, subject to a written agreement with Wal-Mart to increase the height of the berm, place a fence on top of the berm, and if the construction days change, County will be notified two days in advance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 022602·3 GRANTING A WAIVER UNDER SECTION 13- 23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, J. A. Fielden Co., Inc., the general contractors for the construction of a new Wal-Mart Supercenter store on Rt. 460 East in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit construction activity related to pouring of the February 26, 2002 89 concrete floor for the new store building as early as 1 :00 a.m. for a period of two weeks as necessitated by winter weather conditions and in order to eliminate construction related noise after 7:00 p.m and to reduce the total concrete floor construction time for this project from as long as six weeks; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13-23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant to J. A. Fielden Co., Inc., the requested waiver from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 1 :00 a.m. on a Monday, Wednesday and Friday morning, respectively, for not more than two weeks and ending not later than 9:00 p.m. on each day, respectively; b. Whether the noise is intermittent or continuous: The noise produced during the process of pouring, spreading and finishing or "troweling" a concrete floor becomes louder or more intense during each day's operations due to the increased use of machinery in the finishing stages of the "troweling" process; c. The extensiveness of the noise: The noise will be more extensive by a matter of several weeks without the granting of a waiver due to the substantially increased period of time required to complete pouring of the building's concrete floor if no waiver is granted; d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: Due to the weather conditions and average ambient outdoor temperature during February and March, it requires approximately seventeen (17) hours of time for the concrete of a building floor to be poured and properly "troweled" and finished. There are no practical ways to reduce this time without a significant negative impact upon the construction schedule of this project and severe potential costs to the contractor in terms of delays and penalties; e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: By substantially reducing the amount of time which will be required to complete the 90 February 26, 2002 pouring of the concrete floor for this building without any detrimental impact upon the health, safety and welfare residents in the vicinity of this project and the probable improvement in safety by removing a large number of concrete trucks from the highways during the period of most school bus travel and commuting to work, the community will be benefitted. At the same time, a potential for substantial economic hardship and disruption of the construction schedule for this project will be avoided. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Wal-Mart facility is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for J. A. Fielden Co., Inc. without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES - MISCELLANEOUS be WAIVED for a period of twenty-one (21) days until March 19, 2002. 4. This Waiver is granted specifically to J. A. Fielden Co., Inc., its officers, employees and agents for construction related activities at the Wal-Mart site located at the intersection of U.S. Route 460 and Cloverdale Road (U.S. Route 220 - Alternate) in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Flora to adopt the resolution waiving the noise ordinance for a period of five days within a time frame of 21 days ending March 19, 2002, subject to a written agreement with Wal-Mart to increase the height of the berm, place a fence on top of the berm, and if the days change, County will be notified two days in advance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None February 26, 2002 91 REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA L. First readina of ordinance to rezone 15 acres from 1-1C Industrial District with condition to C-1 Commercial District and to obtain a sDecial use Dermit for a relioious assemblv and davcare located on 5022 Hollins Road. Hollins Maaisterial District. UDon the Detition of FellowshiD BaDtist Church. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for March 26, 2002. The motion carried by the following recorded vote: INRE: AYES: NAYS: INRE: Supervisors Johnson, McNamara, Church, Nickens, Minnix None FIRST READING OF ORDINANCES L. First readino of ordinance amendino the Roanoke Countv Code by the adoDtion of a new section 2-7. Reimbursement of eXDenses incurred for emergency reSDonse to accidents or incidents caused by drivino while ImDaired. (Paul Mahonev. Countv Attorney) 92 February 26, 2002 Mr. Mahoney advised that this is the first reading of an ordinance which would allow the County to have a separate civil action in an attempt to recover its reasonable expenses that may occur in providing appropriate emergency response to accidents or incidents arising from the operation of a motor vehicle, engine, train, or water craft while under the influence of alcohol or drugs. The authority for this is found in Code of Virginia Section 15.2-1716 and limits the reasonable expense to an amount not to exceed $1,000 in the aggregate for a particular accident or incident. This ordinance was prepared at the request of Chairman Church for review by the Board. Supervisor Church advised that at the General Assembly next January, with the concurrence of the Board, he would ask for an amendment or addition to the legislation to include reckless driving, leaving the scene of an accident, racing, hit and run, speeding 20 miles over the limit and driving under suspension or revocation. He also suggested that the Virginia Association of Counties be asked for a favorable resolution on this request. In response to Supervisor McNamara, Chief Lavinder explained that during the year 2001, the total of driving while impaired accidents in the County was between 360 and 400 with probably 20% or less involving accidents. Supervisor McNamara advised that if this ordinance is enacted, it should be revenue neutral but Supervisor Church advised that his original request was to have the revenue designated specifically for fire and rescue, police and public safety and not going into the general February 26, 2002 93 fund. Supervisor Minnix advised that the ordinance has some merit but a great amount of money could be expended to collect smaller sums when you take into consideration staff time going to court. Mr. Mahoney advised that this may be true but he would attempt to use an exemption in rules of evidence in order to minimize staff time and has confidence in the staff to make the proper decision as to the cost effectiveness of certain claims. Supervisor McNamara advised that when ordinances are enacted, they should be enforced 100% of the time, and the total cost should be evaluated before passing the ordinance. Supervisor Nickens moved to approve the first reading and set the second reading for March 12, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: APPOINTMENTS L. Blue Ridoe Behavioral Healthcare Board of Directors Supervisor Nickens asked Deputy Clerk Holton to contact Blue Ridge Behavioral Healthcare Board to inquire about the possible reappointment of Roger Laplace. 2. Buildino Code Board of Adiustments and ADDeals servina as Fire Code Board of ApDeals 94 February 26, 2002 Supervisor Nickens asked Deputy Clerk Holton to contact David Shelton and J. S. Hendricks, Jr., alternates, to see if they wanted to serve another term. 3. Grievance Panel Deputy Clerk Holton verified that confirmation of an appointment for an alternate position is on the Consent Agenda and that another alternate position is still vacant IN RE: CONSENT AGENDA R-022602-4 Supervisor Nickens clarified that the appointment to the Grievance Panel is for an alternate position. Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 022602-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 26, 2002 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: February 26, 2002 95 1. Approval of Minutes - October 23, 2001, November 13, 2001, December 4, 2001, and January 2, 2002. 2. Confirmation of Committee appointments to the Grievance Panel and League of Older Americans Advisory Council. 3. Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles to stimulate the effects of intoxicants on students for use by School Resource Officers. 4. Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department. 5. Acceptance of $25,000 Quality Initiative Day Care Grant by Department of Social Services. 6. Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. 2. That the Clerk to the Board is hereby 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 resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: REQUESTS FOR WORK SESSIONS L. Reauest for work session on March 12. 2002, for Stormwater Phase II. National Pollutant Discharae Elimination Svstem (NPDES) reauirements. (Georoe SimDson. Assistant Director. Communitv DeveloDment) 96 February 26, 2002 It was the consensus of the Board to set a work session for March 12, 2002. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Craig Hodge, 5622 Warwood Drive, Cave Spring Force AAU Baseball Club, spoke concerning the county's practice of prohibiting organized teams from using park facilities for months of November, December, January, February and March. He proposed that three to five of the locations be left open on a rotating basis for each of those five months. Mr. Hodge advised that he is referring this to Parks, Recreation & Tourism Director Pete Haislip and the Parks & Recreation Advisory Committee, and asking for a report to be made to the Board within sixty days. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None L. General Fund UnaDDroDriated Balance 2. Capital Fund UnaDDroDriated Balance 3. Board ContinQency Fund February 26, 2002 97 4. Future School CaDital Reserve 5. Accounts Paid - January 2002 6. Statement of the Treasurer=s Accountabilitv Der investment and Dortfolio Dolicv as of January 31. 2002 7. Statement of EXDenditures and Estimated and Actual revenues for the month ended January 31. 2002 INRE: CLOSED MEETING At 5:25 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia section 2.2-3711 A (1) discussion in consideration of the assignment or performance of special officers, appointees, or employees of the County and evaluation of performance of certain departments. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: CLOSED MEETING The Closed Meeting was held from 5:25 p.m., until 6:15 p.m. INRE: WORK SESSION (4TH FLOOR CONFERENCE ROOM) 98 February 26, 2002 L. Budaet Work Session to discuss revenues and eXDenditures for 2001/2002 fiscal year. (Brent Robertson. Budget Director) The work session was held from 6:17 p.m. until 6:50 p.m. and was presented by Mr. Robertson and Mr. Hodge. Mr. Robertson distributed copies for discussion of the Departmental Expenditure Report for FY 2001-2002; Departmental Budget Reduction Targets for FY 2001-2002 and FY 2002-2003; Projected Budget Deficit; Significant Funding Needed for FY 2002-2003; and 3rd Quarter Revenue Projects for FY 2001-2002. IN RE: ABSENCE Supervisor Minnix left the meeting at 6:45 p.m. IN RE: CERTIFICATION RESOLUTION R-022602·5 At 7:00 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix RESOLUTION 022602·5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA February 26, 2002 99 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 members 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix IN RE: RECOGNITION Chairman Church recognized that a special guest was in attendance and asked Mr. Hodge to introduce him. Mr. Hodge introduced Lelyn Johnson and his father, Les Johnson. Lelyn advised that he is a member of Boy Scout Troop 14 and is working on his citizenship and community merit badges. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS L. Resolution of ADDreciation to Marv T. Hollinasworth. Social 100 February 26, 2002 Services. UDon her retirement after ten vears of service. R-022602-6 Chairman Church presented the resolution and a Roanoke County quilt to Ms. Hollingsworth. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix RESOLUTION 022602-6 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARY T. HOLLINGSWORTH, SOCIAL SERVICES, AFTER TEN YEARS OF SERVICE WHEREAS, Mary T. Hollingsworth was first employed by Roanoke County on December 2, 1991, in the Social Services Department as an Eligibility Aide I and also served as an Eligibility Worker and Social Worker; and WHEREAS, Ms. Hollingsworth retired from Roanoke County on January 1, 2002, as a Social Services Aide II after ten years and one month of service; and WHEREAS, Ms. Hollingsworth often worked with the foster care, adult and day care teams and provided excellent support and direction concerning purchases of services and tracking payments; and WHEREAS, Ms. Hollingsworth was always diligent in providing timely and accurate payments to service providers and was always available to lend additional administrative support to staff; and WHEREAS, Ms. Hollingsworth, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MARY T. HOLLINGSWORTH for ten years of capable, loyal and dedicated service to Roanoke County. February 26, 2002 101 FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix 2. Proclamation declarinQ February 2002 as School Board ADDreciation Month. Chairman Church presented the proclamation to Marion Roark, Vice Chair, School Board. School Superintendent Weber was also present. Supervisor McNamara moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix 3. Resolution of Conoratulations to Glenvar Hiah School Girls Basketball Team for win nino the State GrouD A ChamDionshiD. R-022602-7 Chairman Church presented the resolution and certificates of recognition to the members of the Glenvar Team who were present. Principal Sisler, Coach 102 February 26, 2002 Harvey, and many of the parents of the team members were present. School Board Member Roark and School Superintendent Weber were also present. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix RESOLUTION 022602-7 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls Basketball Team won the State Group A basketball championship this year with a 41 to 38 victory over Radford High School at the Salem Civic Center; and WHEREAS, the Highlanders finished the season with a record of 27 wins and 2 losses, having won 21 straight games and their second state championship in the last five years; and WHEREAS, several members of the Highlanders team received special awards including Allyson Fasnacht, who was named All-District, All-Region, All State, Region C Player of the Year, and Associated Press State Player of the Year for Group A; Sarah Frazier, All-District, All-Region, and Amanda Kite, All-District and All-Region; and WHEREAS, the Highlanders are coached by Bryan Harvey, who was selected the Three Rivers District Coach of the Year and Region C Coach of the Year; and Assistant Coaches Gale Moore and Toree Morris. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia. does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM: Amber Mabry; Sierra Shelor; Allyson Fasnacht; Rebecca Downor; Leigh Ann Woodley; Amanda Kite; Carol Herington; Katie Klik; Sarah Frazier; Elizabeth Kite; and Desiree Miller for their athletic ability, their team spirit, and their commitment to each other; and February 26, 2002 103 BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES Second readina of ordinance to obtain a SDecial Use Permit for a Drivate kennel on 1.50 acres located at 5606 Barns Avenue. Hollins Maaisterial District. UDon the Detition of Jerrv and Donna Green. Chairman Church announced that this petition had been continued by the Planning Commission. IN RE: RETURN Supervisor Minnix returned to the meeting at 7:52 p.m. IN RE: CONTINUATION OF PUBLIC HEARINGS AND SECOND READING OF ORDINANCES L. Second readina of ordinance to obtain a SDecial Use Permit to oDerate a Home OccuDation for a beautv salon on .27 acres located at 5704 Malvern Road. NW. Hollins Maaisterial District. 104 February 26, 2002 UDon the Detition of Betty J. F. Henderson. (Janet Scheid. Chief Planner) 0-022602-8 Ms. Scheid advised that this is a petition to obtain a special use permit to operate a home occupation for a beauty salon. Since several citizens called staff with concerns about parking, speeding, and trash, the Planning Commission recommended approval with four conditions. The petitioner advised the Planning Commission that being able to work from home would enable her to take care of her husband who needs supervision and would allow her to take rest breaks as needed. Supervisor Flora advised that he was concerned about customers parking on the street and would like to add a condition that parking must be on the petitioner's property. Ms. Henderson who was present advised that she would abide by whatever rules the Board decides. Supervisor Flora moved to adopt the ordinance with the addition of Condition #5 (customer parking provided on property). The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 022602-8 GRANTING A SPECIAL USE PERMIT TO BETTY J. HENDERSON TO OPERATE A HOME OCCUPATION FOR A BEAUTY SALON TO BE LOCATED AT 5704 MALVERN ROAD (TAX MAP NO. 38.10-3-68), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Betty J. Henderson has filed a petition for a special use February 26, 2002 105 permit to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 5, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 22, 2002; the second reading and public hearing on this matter was held on February 26, 2002. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Betty J. Henderson to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) That Betty J. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road. (2) The salon shall be limited to one chair only. (3) The retail sale of supplies shall be prohibited. (4) This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and the zoning administrator has not received written complaints from adjoining residents. (5) Customer parking will be provided on the property. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance with Condition #5 added, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Second readina of ordinance reDealing ADDendix B. 106 February 26, 2002 Subdivisions in its entirety and adoDting ChaDter 29 Subdivisions. of the Roanoke Countv Code. (John MurDhv. Associate Planner) 0-022602-9 Mr. Murphy advised that staff has been working on revising this ordinance for a year and has received comments from engineering firms, County departments, state agencies and the Roanoke Regional Home Builders Association. The Planning Commission held a public hearing on the proposed subdivision ordinance on February 5, 2002, and recommended approval of the ordinance. Since the first reading of the ordinance on February 12, 2002, there has been one revision to Page 12, Chapter 29- 5.4, paragraph B. This has been modified from originally asking for 100% reserve area for the drain fields and was revised to be in compiiance with State regulations after discussion with the Roanoke Regional Homebuilders Association Mr. Joe Miller, 2812 Longview Avenue, Roanoke Regional Homebuilders Association, thanked the staff for letting them review and comment on the draft ordinance and asked that Board adopt the ordinance as written. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None February 26, 2002 107 ORDINANCE 022602-9 REPEALING APPENDIX B. SUBDIVISIONS. IN ITS ENTIRETY AND ADOPTING CHAPTER 29. SUBDIVISIONS. OF THE ROANOKE COUNTY CODE WHEREAS, upon the request of the Roanoke County Planning Commission a complete rewrite and revision of Roanoke County's Subdivision Ordinance is appropriate and necessary due to significant changes in the enabling legislation of the Commonwealth of Virginia and complimentary development ordinances of the Roanoke County Board of Supervisors; and WHEREAS, this ordinance has been developed with significant contributions from the professional engineering and surveying community, State agencies, and the Roanoke Regional Homebuilders' Association; and WHEREAS, this ordinance enhances customer service through the use of current technology for electronic submittals; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 5, 2002; and the Board of Supervisors held the first reading of this ordinance on February 12, 2002, and held the second reading and public hearing on February 26, 2002; public notice having been given as required by law; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia. as follows: 1. That Appendix B. Subdivisions of the Roanoke County Code be, and hereby is, repealed in its entirety. 2. That Chapter 29. Subdivisions as set out below be, and hereby is adopted in its entirety. 3. That this ordinance shall be in full force and effect from and after its adoption. A certified copy of this ordinance shall be maintained and on file in the office of the Clerk to the Board of Supervisors of Roanoke County and a certified copy shall be filed in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ARTICLE I. TITLE AND PURPOSE 29-1 -DIVISION 1. IN GENERAL 29-1.1 Title This ordinance shall be known and cited as the "Subdivision Ordinance of the County of Roanoke, Virginia," or the "Subdivision Ordinance," "this Ordinance," or "this Chapter," The provisions of this 108 February 26, 2002 ordinance shall apply to all property within the County of Roanoke, Virginia, including any property within the County that may be assessed in an adjoining jurisdiction and excluding any property within the incorporated Town of Vinton. Virginia. 29-1.2 Purpose The purpose of this ordinance is to establish procedures and regulations for the subdivision of land within the limits of the County. and to accomplish the objectives listed below: (a) To achieve the orderly development of land through reasonable standards of design and procedures for subdivision and resubdivislon of land; and ensure proper legal description. (b) To protect and provide for the public health, safety and general welfare. (c) To guide future growth and development in accordance with the policies of the comprehensive plan, applicable zoning regulations and other adopted policy documents of the County. (d) To coordinate proposed public facilities and streets in new subdivisions with existing public services in a manner that minimizes adverse effects on adjacent or nearby neighborhoods. (e) To reduce and prevent water pollution and flooding. (f) To ensure appropriate development with regard to natural resources and open space. which will contribute to the beauty of the community and value of the land 29-1.3 Jurisdiction and applicability of chapter (a) This chapter shall constitute the comprehensive regulations governing any and all subdivisions of land located within the County occurring on or after the effective date of this ordinance. No land may be subdivided using any legal description other than with reference to a plat approved by the subdivision agent in accordance with this chapter. (b) No existing subdivision shall be modified except with the agent's approval in accordance with this and other applicable ordinances of the County. (c) The provisions of this chapter shall not apply to any subdivision for which a currently effective preliminary plat was approved on or before the effective date of this chapter. These subdivision plats shall be reviewed and acted on under the applicable prior subdivision ordinance. Any subdivision for which a preliminary or final plat has received written approval prior to the effective date of this chapter and for which a final plat for the subdivision or a section thereof is recorded within six (6) months of the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date of such approval. (d) This ordinance shall govern all residential and nonresidential subdivisions. (e) Any reference to this ordinance includes all ordinances amending it. February 26, 2002 109 29-1.4 Relationship to zoning ordinance The zoning ordinance and zoning map shall control the type and intensity of use of all property within the County. Particular reference is made in the zoning ordinance to the minimum lot sizes, setback requirements, road frontage and use restrictions for all zoning districts; the zoning ordinance shall be controlling as to all such matters. ARTICLE II. ADMINISTRATION 29-2 DIVISION 1. IN GENERAL 29-2.1 Agent (a) The Director of Community Development is hereby appointed by the Board to be the County's Subdivision Agent to administer and enforce this ordinance. The Board may appoint, or revoke appointments of, such additional individuals, as it may deem appropriate to serve as a subdivision agent. The agent's approval, disapproval, or other action shall be that of the governing body. (b) The agent shall exercise authority to review, approve and disapprove the concept, preliminary, and final plats for the subdivision of land within the portions of the County as stated in the title of this chapter. (c) The agent may call for opinions or decisions, either oral or written, from other departments or agencies in considering details of any submitted plat. (d) The agent may establish any reasonable administrative procedures deemed necessary for the proper administration of this ordinance. 29-2.2 Regulations (a) No person shall subdivide any tract of land that is located within the jurisdiction of the County except in conformity with the provisions of this ordinance and any other applicable County ordinances. (b) No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this subdivision ordinance and of generai law. (c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved by the agent. (d) No person shall sell or transfer any land of a subdivision before a pi at has been approved and recorded as provided herein unless such subdivision was lawfully created before the adoption of this ordinance or any predecessor subdivision ordinance. Nothing herein shall be construed as preventing the passage of title to property that has not been legally subdivided. 11 0 February 26, 2002 (e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred or soid; and the description of such lot or parcel by metes and bounds in the Instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (f) The agent and County attorney, or his designee, may take such other legal action as may be necessary to enforce the provisions of this ordinance, including suit for injunction, for abatement or restraining order or other appropriate proceeding. (g) The agent. before finally approving any subdivision piat, may personally inspect the proposed subdivision on the ground. Upon approving such final subdivision plat, the agent shall clearly endorse his approval thereon. State law reference - Va. Code § 15.2-2254 29-2.3 Authority and process to grant a waiver or variation of the subdivision ordinance (a) In cases of unusual situations or where strict adherence to the general regulations in this ordinance would result in a substantial injustice or hardship to the appiicant, the Commission may vary or waive any of the County standards in this ordinance, under the terms, procedures, and conditions established in this section. A variation or waiver may be permitted if, in the opinion of the Commission, exceptional topographic conditions or other extraordinary or unusual conditions necessitate such. No waiver shall be granted which would be illegal, in contravention of any mandatory provisions of state or federal iaws or regulations. or prejudicial to the health and safety of County citizens. (b) If a vloiation or error that is not in accordance with the approved standards is noted during the plat review process, the applicant will be notified through the normal review procedure. The applicant shall submit any request for a variation or waiver. in writing, within sixty (60) days of the date of such notification. If the applicant requests a waiver or variance. the review process will cease until the waiver process is finalized. (c) The applicant shall submit to the agent, with the appropriate application fee, a written request for a variation or waiver of a requirement, stating the requested relief and the reasons the request should be granted. The applicant shall examine and submit to the agent alternative methods to attempt to comply with the intent of that requirement. Any supportive drawings, maps, plans, or other information necessary to review the request must be submitted to the agent. The agent will transmit the application with the supporting documentation to the Commission for review which will take action on a waiver request, or an alternative method provided in lieu of strict compliance, at the next regularly scheduled Commission hearing date, or as soon thereafter as all notice and other requirements may be complied with herein. (d) Notice of the Commission hearing shall be given by publication and by mailing as set forth in Section 15.2-2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the applicant. (e) The Commission shall preserve and record the application and the basis for 9 ranting or denying any request. The Commission may grant the variation or waiver with such additional February 26, 2002 111 or alternative conditions as it may deem appropriate. 29-2.4 Appeal of Decision of Commission (a) A decision of the Commission on a waiver or variation request may be appealed to the Board of Supervisors by either the applicant or the agent. Written notice of the appeal must be filed with the County Administrator within thirty days of the decision by the Commission. (b) Consideration of the appeal shall be placed on the Board agenda for consideration and public hearing as soon thereafter as all notice and other requirements herein may be complied with, but in no event later than sixty (60) days from date the notice of appeal was filed. Notice of the public hearing shall be given by publication and by mailing as set forth in Section 15.2- 2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the party appealing the Commission decision. (c) The County Administrator shall transmit to the Board the applicant's request, together with all supporting documentation, from the records of the Commission and any additional pertinent information and documentation that may be available for consideration at the hearing. (d) The Board shall make and record its decision in accordance with the criteria set forth in §29- 2.3 of this chapter. Approval of the applicant's request for a waiver or variation shall be by majority vote of the Board members present at the hearing and the Board may impose such additional or alternative conditions, as it may deem appropriate. ARTICLE III. DEFINITIONS 29·3 DIVISION 1. DEFINITIONS For the purposes of this ordinance, the words and phrases listed below in this section shall have the meaning described. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply. Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, Subdivision Agent. Alley. An open way that affords a service (i.e., garbage collection, delivery, mail) means of access to an abutting property, but is not maintained by any local, state or federal government. Applicant: A person who has submitted a plat and/or plans to the County for the purpose of obtaining approval of a subdivision of property and/or a development. Building Envelope: That area within which the principal structure may be located on a property in compliance with all minimum setback requirements of the zoning ordinance. Chapter. The Subdivision Ordinance of the County of Roanoke, Virginia. 112 February 26, 2002 Clerk's Office: Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. Commission: The Planning Commission of the County of Roanoke, Virginia. County: The County of Roanoke, Virginia. ConseNation Parcel: A parcel that has been dedicated to a [and trust, homeowners, condominium, or similar association, government agency or other entity through an easement or other transfer of ownership, and set aside in perpetuity as open space. Department of Transportation Standards of Virginia: The "Subdivision Street Requirements," Virginia Department of Highways and Transportation (1996); "Road and Bridge Standards," Vols. I and II, Virginia Department of Highways and Transportation (1994); and comparable or later revisions of these works. Developer: Any person or legal entity proposing to undertake the construction of buildings or other structures, or the development of land upon or within a subdivision or any portion thereof. Development: A tract of land developed or to be developed as a unit under single ownership or unified control that is to be used for any business or industrial purpose or is to contain five (5) or more residential dwe[ling units. The term "development" shall not be construed to inciude any property that will be principally devoted to agricultural production. Driveway: A private road giving access from a public way to a building on abutting grounds. Easement: A right expressed in recorded writing, given by the owner of land to another party of specific limited use of that land (Le., access, pedestrian, greenway, drainage, water, sewer, public utility). Family, Immediate - Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner. This definition shall automatically include any mandatory family member as defined in the Code of Virginia (1950, as amended), and shall not automatically include any elective family members as allowed in the Code of Virginia (1950. as amended). State law reference - Va. Code § 15.2-2244 Governing body: The Board of Supervisors of the County of Roanoke, Virginia. Health Official - The term "health official" shall mean the legally designated health authority of the state board of health for the county or his authorized representative. Such definition shall also apply to the term "health director," "director of public health," "health officer" or any other term of similar import. Official Property Identification Maps: The series of tax appraisal maps utilized by the Office of Real Estate Valuation for tax assessment purposes. Parcel: A piece of land shown with a separate identification on the official property identification maps. Also, interchangeable with "lot," "tract," "plot," or other words defined as a piece of [and. February 26, 2002 113 Person: Any individual, firm, corporation, partnership, joint venture, public or private corporation, association of persons, body politic, trust, estate, or other legal entity, or any agent of any of the foregoing. Plat: A survey prepared and sealed by a professional engineer or land surveyor licensed by the State of Virginia showing thereon a subdivision of land. Plat, Concept: A general drawing depicting a subdivision submitted to the agent by the subdivider before an official preliminary submission. Plat, Final: The plat of a proposed subdivision of land that has been preliminarily approved and signed by the agent as a preliminary plat, subsequently recorded or to be recorded with the Clerk's Office. Plat, Preliminary: A survey drawing of a proposed subdivision submitted for the purpose of obtaining provisional approval prior to the submittal of a final plat. Private Street: A vehicular way owned, operated, provided and maintained by an individual, developer, homeowners association or any other entity other than a local, state or federal government. Public Improvement: Any drainage structure, water and sewer system, storm water management area, or street for which the County or State may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local or state government responsibility is established. Public Street: A vehicular way owned, operated, provided and maintained by a local, state or federal government. The term "street" shall also include any suffixes used in the County's E-911 maintenance list. Resubdivision: Any adjustment or vacation of a boundary line or lines within a subdivision in accordance with the terms of this chapter. Right-of-way: A legally established area or strip of land on which an irrevocable public right of passage has been or is to be recorded, and which may be occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Site Plan: A schematic drawing of a proposed development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such information as may be required by the County's Land Development Procedures or this Ordinance. Also, Plan. Street: An area of travel used for the purpose of access and conveying vehicular traffic. It may also serve in part as a way for pedestrian or bicycle traffic. Also known as highway, avenue, boulevard. road, lane, alley, or any public way. Subdivider. Any person, including an owner or developer, or his assignee or successor in interest, 114 February 26, 2002 commencing, or required by law to commence, proceedings under this chapter to effect a subdivision of land hereunder for himself or for another. Subdivision: The division of a parcel of land into two (2) or more parceis of any size by the establishment of new boundary lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose, whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. Subdivision Agent A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, "agent." Subdivision, Major. A subdivision of five (5) or more lots. Subdivision, Minor. A subdivision of four (4) or fewer lots. Survey, ALTAlACSM (American Land Title Association/American Congress on Surveying & Mapping): A plat generally prepared for lending institutions showing an as-built survey and includes an easement guarantee and title report. This type of plat does not require the approval of the agent. Survey, Boundary: A plat delineating the form, extent and position of a parcel of land. This type of plat does not require the approval of the agent. Vacation of Recorded Plat: The nullification of a previously recorded plat, or portion thereof, before or after the sale of any lot created therein. VDOT: The Virginia Department of Transportation Waiver: An exemption from or variation of the terms of this subdivision ordinance. ARTICLE IV. PLAT SUBMISSIONS 29-4 DIVISION 1. IN GENERAL 29-4.1 Submission of subdivision plat to agent (a) Whenever a subdivision is proposed to be made and before any conveyance of the subdivision as a whole or any part thereof is made, the owner or proprietor of a proposed subdivision, or his duly authorized representative, shall file a plat of the proposed subdivision with the agent for approval. The plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of this chapter and all applicable laws and ordinances affecting or regulating the subdivision of land, the use thereof, and the erection of buildings or structures thereon. February 26, 2002 115 (b) All subdivision plats require the review and approval of the agent with the exception of those that show boundary or AL TAlACSM surveys or those that show parcels meeting certain criteria such as utility and conservation lots. The agent must approve any exemption. The following note shall be placed on these plats: 'This plat does not constitute a subdivision under the current Roanoke County Subdivision and/or Zoning Ordinances.' (c) When the land proposed to be subdivided lies partly within the County and partly within an adjoining locality, the subdivision plat shall be submitted, reviewed and approved by the planning commission or other designated agent of each locality wherein the land is located. (d) Any change in a recorded subdivision plat that modifies, creates, or adjusts boundary lines in any manner and under the requirements provided herein constitutes a subdivision. This section applies to any subdivision plat of record, whether or not recorded before the adoption of a subdivision ordinance. Where a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated before resubdivision. 29-4.2 Minor subdivision An applicant for a subdivision creating four or fewer lots shall submit a preliminary plat to the agent for review. After the approval of the preliminary plat, the applicant shall submit a final plat to the agent for review and approval. 29-4.3 Major subdivision An applicant for a subdivision creating five or more lots shall submit a preliminary plat and a site plan that shows the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject. After the approval of the preliminary plat and plan, the applicant shall submit a final plat and plan to the agent for review and approval. 29-4.4 Family Exempt Subdivision An applicant for a subdivision to create a parcel for the purpose of sale or gift to a member of the immediate family shall submit a preiiminary plat to the agent for review. Specific requirements are set out in this ordinance and must be followed to obtain final plat approval. The subdivider must subdivide his real estate for purposes consistent with the objective of enhancing the values society places upon the disposition of family estates between living persons free of government regulation, such as keeping the family estate within the immediate family, and passing real property interests from one living family member to another, rather than for the purpose of short- term investment. The subdivider/grantor and the grantee must complete affidavits swearing and affirming that the proposed family subdivision is not for the purpose of circumventing the requirements of this ordinance and must have a proposed deed prepared and presented to the agent before final plat approval can be obtained. 116 February 26, 2002 29-4.5 Series of minor subdivision plats The agent may determine that a series of minor subdivision plats submitted during a two-year period constitutes a major subdivision if the series of plats relates to the same parcel or parcels. Should the series of plats require any physical improvements including, but not limited to, storm water management, public road improvements, or the extension of public water and/or sewer, the agent may determine that the series of plats in fact constitutes a major subdivision. If so, he shall require the subdivider to follow the process for the review of major subdivision plats. 29-4.6 Changing subdivision plats after approval No change. erasure or revision shall be made on any preliminary or final plat of a subdivision, after approval by the agent, unless the agent has granted authorization for such change. In no case shall the agent approve a revision of a previously approved plat unless it is clearly marked as a revised plat and includes the date of and reason for the revision. 29-5 DIVISION 2. CONCEPT AND PRELIMINARY PLATS 29-5.1 Process of review - Concept plat review The applicant may schedule a conference with the agent to review a concept sketch for a proposed subdivision, in order to determine whether the sketch generally meets the requirements of the Zoning and Subdivision Ordinances, and to identify any concerns or issues raised by the proposed subdivision. The agent's comments on the sketch shall be informal, and shall not constitute a formal preliminary approval or disapproval of the subdivision plat. 29-5.2 Concept sketch standards The concept sketch shall conform to the following guidelines: (a) Include the name, location, dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided; (b) Show the approximate location of natural features, such as slopes with approximate gradients, watercourses; (c) Include approximate dimensions of existing and proposed property lines; (d) Show existing utilities and easements. 29-5.3 Process of Review - Preliminary/Final Plat Review (a) A preliminary plat accepted for review and accompanied by the subdivision review fee shall be deemed officially submitted to the County. Plats may be submitted digitally in accordance with County regulations. (b) The agent is authorized to review the preliminary plat for conformity with County and State February 26, 2002 117 ordinances. The agent shall complete action on a preliminary plat within sixty (60) days of submission. In the event that approval of a feature or features of a preiiminary plat by a state agency is necessary, the agent shall forward the preliminary plat to the appropriate state agency or agencies for review. Requirements for review, including time limitations, shall be in accordance with the provisions of Section 15.2-2260 of the Code of Virginia (1950, as amended). (c) The agent shall address any items required for final plat approval in writing to the applicant. (d) These items must be addressed within six (6) months of the written notification or the preliminary plat shall be deemed null and void. Should this occur, a resubmission of the plat will be necessary and payment of new review fees may be required. (e) Once the items have been addressed, the applicant shall submit a mylar, vellum, or black line paper copy of the final plat with original signatures of the owners and land surveyor for the agent's approval signature. (f) The statement of consent to subdivision is set forth in the following statement which must be shown on the plat: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed and duly acknowledged before an officer authorized to take acknowledgment of deeds. State law reference - Va. Code § 15.2-2264 (g) Every final subdivision plat which is intended for recording shall be prepared by a licensed professional engineer or land surveyor. who shall endorse upon each piat a certificate signed by him setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the piat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon the plat. State law reference - Va. Code § 15.2-2262 (h) Once the agent reviews the final plat and finds it to be in conformity with the State and County ordinances, it must be signed within sixty (60) days after it has been officially submitted or resubmitted for approval. (i) The final plat must be recorded in the Clerk's Office within six (6) months of the agent's approval signature. If the final plat is not recorded within six (6) months, the agent's approval shall be deemed withdrawn and the final plat shall be null and void. U) After recordation, three (3) paper copies of the recorded minor subdivision plat must be returned to the agent; one Mylar or black line copy of a recorded major subdivision plat must be returned to the agent. 29-5.4 Size, information, and requirements for a preliminary/final plat (a) Each parcel, with the exception of utility, conservation, and parcel created to serve as a private road must have an appropriate building envelope. 118 February 26, 2002 (b) Where public utilities are unavailable, each parcel shall pass a soil evaluation test for the installation of an onsite septic system and drainfield, and have a suitable location for a well contained on the lot it serves. The specific regulations governing septic systems and wells can be found in the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations and Private Well Regulations, as amended. Parcels may be exempted from the soil evaluation and well requirements in special circumstances such as in the creation of utility, conservation. and parcels created as private roads. (c) All preliminary plats submitted for final approval shall be eighteen (18) by twenty-four (24) inches and drawn to a scale no smaller than 1"=100' unless otherwise approved by the agent. (d) There shall be a reasonable fee charged for the review of a preliminary plat. Such fee schedule shall be established by resolution of the Board and a copy shall be maintained in the agent's office. The plat review fee shall be paid prior to final plat approval. (e) Plat standards shall generally conform to The Library of Virginia Standards and Guidelines for Microfilm, Plats, Instruments, and Circuit Court Records. (f) All distances and areas shown on a plat shall refer to measurement in a horizontal plane. (g) Both the preliminary and final plats shall demonstrate compliance with the requirements of the County of Roanoke Zoning Ordinance and this chapter. They shall contain the elements as shown in Table 1 below, unless otherwise directed by the agent. Table 1 Subdivision name. Name of the subdivider. Name of the surveyor or engineer.Surveyor's professional seal signed with a permanent marker.AII owners, trustees, and beneficiaries must sign the plat with a permanent marker; signatures must be acknowledged by a notary public. If the plat is drawn from record or from a current field survey.Original tax map numbers and tax map numbers assigned to new 10ts.AII monuments and iron pins. Deed references. Date of the plat.Magisterial district.A legend.The scale. Boundary coordinates. Bearings and distances of all boundaries. Labeled 10ts.Acreage or area of all new tracts, including common open space, park, or public lands, and the remaining tract.AII adjacent property owners, deed book and page references, lots, blocks, section numbers and the County's tax map numbers. identification of graves, objects, or structures marking a place of human burial.A vicinity map with a north arrow.A north arrow that references either true or magnetic meridian.AIl existing building structures showing setbacks to nearest property line.Show and name all natural watercourses.Note the following on the plat: "This property is/is not located in a special flood hazard area designated as Zone 'X.' This determination is based on the current FEMA flood insurance rate maps and has/has not been verified by actuai field elevations."Show FEMA Map Number or Community Panei Number and FEMA flood hazard zone. Topography map on a suitable scale and contour intervals when required by the agent.Show a signature and date blank for the agent, Roanoke County Planning Commission. Where applicable, the surveyor must determine whether the natural watercourse(s) adjacent to or on this site drains an upstream area of greater than 100 acres. If so, the surveyor must show the elevation of the 1 DO-year floodplain on each lot and add the following note to the plat: "The watercourse crossing this property drains an upstream area of greater than 100 acres. A detailed flood study must be made and an elevation certificate may be required before any building permits can be issued on this property."Show February 26, 2002 119 the statement of consent to subdivisions from the State Code of Virginia, 1950 (as amended), and the County of Roanoke Subdivision Ordinance reference.Note the following on the plat "Approval hereof by the Roanoke County Subdivision Agent is for the purposes of ensuring compliance with the Roanoke County Subdivision Ordinance. Private matters, such as compliance with restrictive covenants or other title requirements, applicable to the properties shown hereon, are not reviewed or approved with regard to this subdivision or resubdivision."The general locations of existing drain fieids and reserve areas (if applicable), but not proposed drain fields.A note stating the type of septic system being used (I.e., conventional, nonconventional).A note stating "All lots shown on this subdivision plat have been evaluated by the personnel of the Virginia Department of Health and/or an authorized onsite soil evaluator and have met the criteria as set forth in the Commonwealth of Virginia Sewage Handling and Disposal Regulations entitled 32.1 Code of Virginia, as amended to date, and each lot or parcel is eligible for a septic permit." Any non-public means of water service.Any existing or proposed public utility or other easements and a dedication statement.Any existing or proposed private utility or other easements and a statement describing which easements serve which lots. If any water meters and/or sewer laterai connections were set at old property lines, then private easements may be required to provide service to the newly configured lots. Other important features such as railroad rights-of-way, lakes, greenways, etc.Access easements from the public right-of-way to the created tract(s).A1I parcels of land designated, or reasonabiy expected to be required, for future street widening shall be dedicated.A dedication statement for street rights-of-way that will be accepted by the VDOT.For private access easements, show the following note on each sheet of the plat: "The road serving this lot is private and its maintenance, including snow removal, is not a public responsibility. It shall not be eligible for acceptance into the state secondary system for maintenance until such time as it is constructed and otherwise complies with all requirements of the Virginia Department of Transportation for the addition of subdivision streets current at the time of such request. Any costs required to cause this street to become eligible for addition into the state system shall be provided with funds other than those administered by the Virginia Department of Transportation."The names and VDOT route numbers for all existing, platted. and proposed streets. Width of existing, platted, and proposed streets indicating a prescriptive easement if one exists. If applicable, a note stating that "Tax map number _ is to be added and combined with tax map number _ and is not to be used as a separate building lot." Plats showing Boundary and AL TAlACSM plats may show the following note on the plat and will not require the signature of the agent: "This survey does not constitute a subdivision under the current Roanoke County Subdivision and/or Zoning Ordinance." If a proposed subdivision is using the Family Exemption provision, in addition to the above requirements, the requirements shown in Table 2 must also be included. Table 2 A note stating "Approval of this subdivision is subject to the condition that the parcel subdivided can only be conveyed to a member of the immediate family as set forth in Roanoke County's Subdivision Ordinance, as amended, and the Code of Virginia, as amended. Conveyance to any other person or entity voids approval. This restriction does not apply to subsequent reconveyance."Affidavits that are available in the Development Review office stating that the family subdivision is for the passing of real property interests from one family member to another, rather than for the purpose of short-term investment.A copy of the proposed deed(s) from one family member to the other.A description of the family relationship in the consent statement or the following shown and notarized on the plat"I, do hereby certify that is my legal . New tract _is being " conveyed to 120 February 26, 2002 29-5.5 Term of validity of preliminary plat The subdivider shall have six (6) months from the date of approval of the preliminary piat within which to file a final plat meeting all of the submittal requirements established by this chapter for the subdivision or section thereof. Failure to do so shall make the preliminary plat approval null and void and will require a new submittal and approval. 29-5.6 Appeal of failure to act on preliminary plat If the agent fails to approve or disapprove the preliminary plat within ninety (90) days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the circuit court to enter an order with respect thereto as it deems proper. which may include directing approval of the plat. State law reference - Va. Code § 15.2-2260 29-5.7 Appeal of disapproval of preliminary plat If the agent disapproves a preliminary plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court of the County, which court shall hear and determine the case as soon as may be. The appeal must be filed with the circuit court within sixty (60) days of the written disapproval by the agent. State law reference - Va. Code § 15.2-2260 29-6 DIVISION 3. FINAL PLATS 29-6.1 Deadline for filing final subdivision plat for major subdivisions The subdivider shall file with the agent the final plat meeting the standards of this ordinance for all, or for one or more sections of, the subdivision within six (6) months of the agent's approval of the preliminary plat. For good cause, and with satisfactory progress in the subdivision process being demonstrated to the agent, the agent may grant one extension of this period for up to six (6) months. 29-6.2 Final plat documents submitted prior to approval (a) The final subdivision plat. inciuding the final plat for each phase of a multi-phase development, shall demonstrate compliance with this chapter, the Zoning Ordinance and other applicable County ordinances. (b) The agent shall not approve a final plat until any necessary deed of dedication has been submitted and approved by the County attorney. A deed of dedication is required to convey title to any property, including parkland and pump station sites, to the County. Where appropriate, the agent shall not approve a final plat until any required deeds of easement to the County are submitted and approved by the County attorney. A deed of easement is not required to convey streets, any easement for public utilities, or any easement for the transmission of stormwater, domestic water or sewage, shown and dedicated, or to be dedicated by the final plat within the boundaries of the subdivision. (c) The agent shall not approve a final plat until any necessary subdivision or other performance February 26, 2002 121 agreements have been executed and submitted, together with an approved form of guaranty, promising to construct all required improvements in a timely manner and in accordance with County specifications, and have been approved by the County attorney. The Roanoke County Bonding Policy and Section 15.2-2245 of the Code of Virginia (1950, as amended) are hereby incorporated by reference for the County requirements pertaining to the guarantee of completion of all public improvements, provisions for the periodic partial and final releases of performance guarantees, and procedures for enforcement and collection. (d) The agent shall receive any payment due for the fabrication and installation of street name and traffic regulatory signs prior to the approval of the final plat. 29-6.3 Disapproval of final plat. In case of disapproval of a final plat, the agent shall notify the subdivider in writing, either by a separate document or on the plat itself, stating the specific reasons for disapproval, including identification of deficiencies in the plat by reference to specific duly adopted ordinances, regulations, or policies. The agent shall provide in general terms such modifications or corrections as will permit approval of the plat, if any. State law reference - Va. Code § 15.2-2259 29-6.4 Effect of approval on final plat (a) Only a final subdivision plat approved by the agent may be recorded in the Clerk's Office. Boundary and AL TAlACSM plats do not require the approval of the agent. Upon review, the agent may exempt other plats, as appropriate. (b) An approved final plat must be recorded in the Clerk's Office within six (6) months of the date of approval. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit, with surety approved by the agent or with surety furnished pursuant to the Roanoke County Bonding Policy, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement, whichever is greater. State law reference - Va. Code § 15.2-2241(8) (c) In any case where a deed of dedication accompanies the final plat, both the final plat and the deed of dedication shall be recorded contemporaneously. (d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously with the final plat. (e) No permit or other approval authorizing the erection of any building or structure to be located in any subdivision, a plat of which is required pursuant to the provisions of this ordinance, shall be issued by the building commissioner until such plat has been admitted to record as provided for in this ordinance. (f) If the subdivider fails to timely record the final plat, then the approval shall be null and void and the subdivider shall return the plat to the agent so that it may be so marked. State law reference - Va. Code § 15.2-2241 (8) 122 February 26, 2002 29-6.5 Recordation in phases If a developer records a final plat which may be a section of a subdivision as shown on an approved preliminary plat and furnishes to the goveming body a certified check, cash escrow, bond, or ietter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the locality, the Commonwealth, or other public agency. the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, or for such longer period as the agent may, at the approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. State law reference - Va. Code § 15.2-2241 29-6.6 Effect of recordation of approved plat (a) The recordation of an approved plat shall operate to transfer. in fee simple, to the County the portion of the premises set apart for streets or other public use, and to transfer to the County any easement indicated on the plat to create a public right of passage over the land. The recordation of such plat shall operate to transfer to the County such easement shown on the pi at for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the County may require. (b) When the agent approves. in accordance with this ordinance, a plat or replat of land, then upon the recording of the plat or replat in the Clerk's Office, all rights-of-way, easements or other interest of the County in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished. However, an interest acquired by the County by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, and streets and/or easements for public passage shall not be affected thereby, subject to the provisions in Sections 29-17.1 and 29-17.2 of this ordinance and Sections 15.2-2271 and 15.2-2272 for the vacation of piats. State law reference - Va. Code § 15.2-2265 29-6.7 Appeal offailure to act on final plat If the agent fails to approve or disapprove a final plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the circuit court to decide whether the plat shouid or should not be approved. The court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat. State law reference - Va. Code § 15.2-2259 29-6.8 Appeal of disapproval of final plat If the agent disapproves a final plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court within sixty (60) days of the written disapproval. The court shall hear and determine February 26, 2002 123 the case as soon as may be. State law reference - Va. Code § 15.2-2259 29-7 - 29-9 Reserved ARTICLE V. STANDARDS 29·10 DIVISION 1. GENERAL REQUIREMENTS (a) In addition to the requirements established by this ordinance, ali subdivision plats shali comply with ali applicable chapters of the County Code, County Zoning Ordinance. County Land Development Procedures, County Water and Sewer Regulations, County Stormwater Management Ordinance, Commonwealth of Virginia State Board of Health Regulations, VDOT standards, and any other applicable federal, state, or local requirements. (b) Monuments shall be set by the subdivision owner or proprietor or his agent as required by the agent and shown on the final plat. 29-11 DIVISION 2. STREET REQUIREMENTS Unless otherwise noted, any reference to ·street" in this chapter shali refer to a publicly maintained street. (a) Right-of-way widths shali be as required by the Virginia Department of Transportation. The setback or building line shali conform to the requirements of the zoning regulations of the County for the district in which the subdivision is located. (b) All newly created dead-end public streets shali terminate in a circular right-of-way with a minimum radius not less than fifty (50) feet. (c) As far as practicable, ali proposed streets shali be continuous and made to connect with existing streets without offset. (d) No new lot shali embrace any portion of a public street. (e) In general, side lot lines shali be at right angles or radial to street lines. (f) Reserved strips restricting access to streets, public ways and easements shali not be permitted. (g) Where practicable, the center lines of ali intersecting streets shali meet in a common point and shali intersect one another as near to a right angle as it is practicable in each case. (h) Whenever a proposed subdivision abuts a road that is included in the state system of primary highways as designated by VDOT, an access road extending for the full length of the subdivision along such highway and providing limited access thereto may be provided at a distance suitable for the appropriate use of the land between such access road and highway. 124 February 26, 2002 (i) Street names shall be shown on the preliminary and final plats and shail be approved by the agent. Proposed streets that are in alignment with existing streets shail bear the name of the existing street. In no case shail the name of the proposed streets duplicate or be similar, literally or phoneticaily, to existing street names, regardless of the use of the terms street, avenue, boulevard, driveway, place, lane. court, or other suffixes approved by the County for E-911. Any street that is a prolongation or approximately a prolongation of an existing street shall be given the same name. Names of existing streets shall not be changed except by the approval of the County. U) Except as provided in subsection (i) of this section, no street shall be designated by the same name as that heretofore borne by any other street in the region as determined by the agent, irrespective of the use of any suffix. (k) The subdivider shail make a provision for the dedication to the County of Roanoke of proposed street extensions transferring the fee simple title to land for public streets. These proposed streets shall conform to the duly adopted standards relating to the street design and construction, established in the VDOT of Transportation Subdivision Street Requirements and the County's Public Street and Parking Design Standards and Specifications Manual. (I) Street name and traffic regulatory signs of a design approved by the County and VDOT, as required, shall be installed at the owner's expense at all street intersections if deemed necessary by these entities. (m) Private road subdivisions shall only be permitted in accordance with the zoning ordinance in zoning districts that permit such subdivisions. 29-12 DIVISION 3. STORMWATER MANAGEMENT REQUIREMENTS (a) Streets, pedestrian paths, and greenways shall be designed to minimize their potential for increasing and aggravating the tiood level. (b) A drainage system shall be provided for by means of culverts under roadways, outlet drains, necessary head walls, easement for drainage through adjacent properties and other structures that are necessary to provide adequate drainage of both natural and storm water for all streets and adjoining properties. (c) Land in the fioodplain overlay district of the zoning ordinance and land deemed to be topographically unsuitable because of tiooding shall not be platted for residential occupancy or for such other uses that may increase danger to health, life or property, or cause erosion or tiood hazards. Such land within the subdivision shall be identified on the plat as tiood hazard areas. (d) All developments shall comply with the County Stormwater Management Ordinance. 29-13 - 29-15 Reserved February 26, 2002 125 ARTICLE VI. REPLATS AND VACATIONS 29-16 DIVISION 1. REPLATS 29-16.1 Relocation or vacation of boundary lines (a) Any subdivision plat recordation or part thereof, having been recorded. may be vacated in accordance with the provisions of the Code of Virginia (1950, as amended). (b) The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved by the agent and executed by the owner or owners of such land with their free will and consent. This shall not apply to the relocation or alteration of streets, alleys, easements for public passage, public or other easements or utility rights-of-way without the express consent of all persons holding any interest therein. 29-17 DIVISION 2. VACATIONS 29-17.1 Vacation of plat before sale of lot therein by the owners; ordinance of vacation. Where no lot has been sold or transferred. a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2271 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2271 29-17.2 Vacation of plat after sale of lot; ordinance of vacation. In cases where any lot has been sold or transferred, a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2272 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2272 29-17.3 Effect of vacation of plat after lot has been sold (a) The recordation of the Instrument or ordinance as provided in Section 15.2-2272 of the Code of Virginia, shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. (b) If any street, alley, or easement for public passage is iocated on the periphery of the plat, the title for the entire width thereof shall vest In the abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the statement of consent to the subdivision, on the final recorded subdivision plat. free and clear of any rights of public use in the same. A plat must be prepared and reviewed at the owner's expense and recorded in the Clerk's Office combining the vacated portion with the subject property. 126 February 26, 2002 State law reference - Va. Code § 15.2-2274 29-18 - 29-20 Reserved ARTICLE VII. ORDINANCE ADOPTION AND AMENDMENTS 29-21 DIVISION 1. ADOPTION In order to effectuate the provisions of this chapter, the Board may adopt by resolution regulations and policies that shall have the force of law. These regulations shall include, among other things, standards for the impiementation of the various sections of this chapter and may include other policies, criteria, standards and reguiations to implement the provisions of the Subdivision Ordinance and Zoning Ordinance. 29-22 DIVISION 2. AMENDMENTS Nothing contained herein shall prevent the Board from considering and adopting amendments to this ordinance at any time it is deemed appropriate. 29-23 - 29-25 Reserved IN RE: CITIZEN COMMENTS AND COMMUNICATIONS James Garris. 3108 Honevwood Lane, spoke of his concerns about traffic backup on Route 220 South from 581 through the Clearbrook community. He suggested that Roanoke City, the County and businesses put up equal shares to add two lanes each way since the Virginia Department of Transportation has budget concerns, and he suggested that a link be put on the Roanoke County home page for citizen input and information about any citizen meetings. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Nickens requested a report on recapturing water seepage by design from Spring Hollow Reservoir to be returned to the Reservoir. Mr. Hodge February 26, 2002 127 advised that Supervisor Minnix previously suggested this and that Utility Director Gary Robertson advised that the funds are available and this will be done this summer. SUDervisor Church thanked Principal Sisler, Athletic Director Roger Martin, Coaches Harvey, Moore, and Morris for their efforts on behalf of the Glenvar High School Girls Basketball team and was pleased that the Board recognized the team's success tonight. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:38 p.m. Submitted by, Approved by, ~H~to~ Deputy Clerk to the Board ~0;"~~'~ Chairman 128 February 26, 2002 This page left blank intentionally.