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Home My WebLink About6/28/2005 - Regular Roanoke County Board of Supervisors Agenda June 28, 2005 Good afternoon and welcome to our meeting for June 28, 2005. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Diane Scribner-Clevenger Unity of Roanoke Valley 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFINGS 1. Briefing regarding the termination of the Orange and Yellow Line transportation service on June 30, 2005. (John M. Chambliss, Assistant County Administrator) D. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendment to the budget for fiscal years 2004-2005 and 2005-2006 in accordance with Section 15.2-2507, Code of Virginia. (Diane D. Hyatt, Chief Financial Officer) 1 E. NEW BUSINESS 1. Request to appropriate $729,849 to various public assistance programs in the Department of Social Services. (Dr. Betty McCrary, Director of Social Services) 2. Change order for public safety building: foundation/auger piles due to unsuitable soils. (Dan O'Donnell, Assistant County Administrator) 3. Request to authorize an agreement between the Sheriff of Montgomery County and the Police Department of Roanoke County to allow the Roanoke County Police Department to respond to E-911 law enforcement calls on Patterson Drive in the Copper Hill portion of Montgomery County. (John M. Chambliss, Assistant County Administrator; Ray Lavinder, Chief of Police) 4. Memorandum of Understanding with Virginia Department of State Police for 800 MHz repeater installation, Poor Mountain. (Anne Marie Green, Director of General Services) 5. Request to approve amendments to the Public Private Partnership Policy. (Doug Chittum, Director of Economic Development) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate supporl for, or judge the merits ot the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance concerning proposed amendments to the zoning ordinance - private kennels, by changing the title of this use, increasing the number of dogs, eliminating the minimum lot size standard, and deleting this use from the R-2 zoning classification, upon the petition of the Board of Supervisors. 2. First reading of an ordinance to obtain a special use permit to expand a religious assembly facility on 15.24 acres located at 6011 Merriman Road, Cave Spring Magisterial District, upon the petition of Church of the Holy Spirit. 2 G. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the conveyance of an easement to Roanoke Gas Company through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of natural gas service to the Mason's Crest Subdivision, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. First reading of an ordinance authorizing the conveyance of an easement to Cox Communications through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of cable television, internet, and telephone service for the benefit of Cox Communications and the Mason's Crest Subdivision, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance amend.ng and repealing sections of Chapter 18. Sewers and Sewage Disposal and of Chapter 22. Water of the Roanoke County Code. (Paul Mahoney, County Attorney) I. APPOINTMENTS 1. Parks and Recreation Advisory Commission (Appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes - June 14, 2005 2. Request from the Library to accept and appropriate funds in the amount of $8,000 from the Library of Virginia, acting as administrator for the Gates Foundation "Staying Connected" grant program 3. Resolution establishing salaries for the County Administrator and County Attorney 4. Request from schools to appropriate grant funds in the amount of $225 from the Virginia Commission for the Arts 3 5. Request from schools to appropriate a donation in the amount of $1,520.42 from the Hand in Hand Committee for the support of advertising efforts for the annual Parent Fair 6. Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues 7. Request from schools to appropriate grant funds in the amount of $36,581 from the Virginia Department of Education 8. Approval of contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for fiscal year 2005- 2006 K. REQUESTS FOR WORK SESSIONS 1. Request from the Department of Parks, Recreation and Tourism to schedule a work session on July 12 to discuss the development of a Comprehensive Master Plan. (Pete Haislip, Director of Parks, Recreation and Tourism) L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Capital Projects 5. Accounts Paid - May 2005 6. Statement of expenditures and estimated and actual revenues for the month ended May 31,2005 7. Public Safety Center Building Project Budget Report 8. Public Safety Center Building Project Change Order Report 9. Jail Study Costs Report o. CLOSED MEETING 4 P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss pending travel arrangements for the remainder of calendar year 2005. (Dan O'Donnell, Assistant County Administrator; Diane S. Childers, Clerk to the Board) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Frank F. "Jack" Gee, Jr., following 31 years of service at the Mount Pleasant Volunteer Fire Company S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Continued until July 26 at the reauest of the petitioner. Second reading of an ordinance to rezone .98 acres from C1, Office District, to C2, General Commercial District, and to obtain a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road, Cave Spring Magisterial District, upon the petition of Seaside Heights, LLC (Bojangles). (Janet Scheid, Chief Planner) 2. Continued until September 27 at the reauest of the Plannina Commission. Second reading of an ordinance to consider spot blight abatement of property located at 3821 Colony Lane, Cave Spring Magisterial District, upon the petition of the Roanoke County Building Commissioner. (Janet Scheid, Chief Planner) 3. Second reading of an ordinance to rezone approximately 50 acres from AG-3, Agriculture/Rural Preserve District, to R-1, Low Density Residential District, for the construction of single family dwellings with a proffered density of approximately 1.3 dwelling units per acre, located northwest of the 5800 block of Crumpacker Drive and 6200 block of Apple Harvest Drive, Hollins Magisterial District, upon the petition of Fralin & Waldron, Inc. (Janet Scheid, Chief Planner) 4. Second reading of an ordinance to obtain a special use permit for the operation of a used automobile dealership on .467 acres located at 6717 Williamson Road, Hollins Magisterial District, upon the petition of Daniel W. Doss. (Janet Scheid, Chief Planner) 5 5. Second reading of an ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia. (Paul Mahoney, County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph P. McNamara 3. Joseph B. "Butch" Church 4. Michael A. Wray 5. Michael W. Altizer v. ADJOURNMENT 6 ACTION NO. ITEM NO. C. - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 Briefing regarding the termination of the Orange and Yellow Line transportation service on June 30, 2005 AGENDA ITEM: SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator , Dan O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Unified Human Services Transportation System, Inc., trading as RADAR, obtained a 50/50 federal grant through the Federal Transit Administration and began operating the Orange Line and Yellow Line services in July 2000. The match for this grant was provided by the Virginia Department of Social Services. No local monies have been involved, no fare is charged for the service, and Roanoke County has no control over its operation. Funding for this program was a part of the Job Access and Reverse Commute Program. The service provided connections with Valley Metro and allowed a minimal public transit service along two corridors in Roanoke County. The Orange Line operated along Route 419 between Tanglewood Mall and Lewis Gale Hospital, 12 hours per day, five days per week. The Yellow Line operated from Spartan Square to the areas along 460 west of Salem, 12 hours per day, six days per week. The annual budget for the service is $233,376 based on the cost of $34 per hour, and has an average combined ridership of 8,600 one-way trips per year (average of 30 trips per day at a cost of $27.14 per trip). Many committees and organizations have studied the need for public transportation for the entire Roanoke Valley and the conclusions remain the same. Most of the limited federal/ state funding available for public transportation is awarded to the service provided by Valley Metro. Some limited state and federal pass-through monies are used to assist in the local 1 (l-¡ programs of CORTRAN and STAR, but the majority of the expenses for these local programs are funded with local tax dollars, with a small fare paid by the rider. RADAR has been notified by the state that the match money for the Orange and Yellow Line service would no longer be available after the end of this fiscal year (June 30, 2005) and the federal monies would likely end in November. Although the program offers a desirable and even critical service for the community, the number of riders on these programs (Orange Line and Yellow Line) is not sufficient to warrant the continuation of this service in the present form even if there was a fare paid similar to the fares charged to the users of the CORTRAN program. In Roanoke County, the CORTRAN program is operated by RADAR and provides curb to curb service to County residents who are either senior adults (age 60 or older) or are covered under the Americans with Disabilities Act (ADA). The fare for this service is $3.50 per one way trip and will provide service to any point inside the outer perimeter of Roanoke County (including points inside the Cities of Roanoke and Salem). The CORTRAN Service operates with pick-up times running from 7:00 a.m. to 5:30 p.m., Monday through Friday except for holidays. The actual cost to the County for each one way trip is an average of $24.50 (above the fare paid by the rider). Similarly, the STAR program operated by RADAR offers the City's paratransit and senior transportation service. The STAR fare is $2.50 per one way trip and does not go outside of the City except for a % mile deviation from the regular Valley Metro route inside the Town of Vinton and City of Salem. As a result, some city residents who desire to go to destinations in Roanoke County must use a cab or other transportation system. Some limited increase in the usage of the CORTRAN program of Roanoke County and the STAR program operated for Valley Metro for the eligible riders is expected as a result of the loss of the Orange Line and Yellow Line Services; however the cost to replace the service is not justified for the limited service area covered. By comparison, the Orange Line and Yellow Line service in the two limited service areas costs $233,376 per year and the County will pay approximately $273,000 this year for CORTRAN to cover the entire County. In discussions with Curtis Andrews at RADAR and based on correspondence provided by the state, staff does not anticipate that state or federal monies will be available to continue the Orange Line and Yellow Line Services in its present format. RADAR has been working for several weeks to advise the community that the service is scheduled to end on June 30. Although all riders of the Orange Line and Yellow Line do not qualify for CORTRAN and also the fact that any other transportation service would probably not be free, other opportunities do exist. Several adult home complexes and some businesses have talked with Mr. Andrews and are seeking other alternatives to meet the transportation needs of as many of their residents, employees, or patrons as possible. Attached are copies of a petition with 100 signatures submitted by Wendell Siler, Jr.; and correspondence from Ms. Shirley Young, a resident of Farrington Apartments in Roanoke 2 ~- I City (beside 419 in the Oak Grove area) and Mr. Don Elder, a resident of the Oak Grove area. FISCAL IMPACT: Should Roanoke County choose to fund the Orange and Yellow Line services, the local cost would be $233,376 annually. A fare similar to the CORTRAN program should be considered to provide some minimal offset to this cost. STAFF RECOMMENDATION: Staff does not recommend funding for the Orange and Yellow line program because of the limited areas served. For the residents eligible for the CORTRAN program, many of the local transportation needs can be met. For those not eligible for the CORTRAN program, they should consider the League of Older Americans, taxi cab service, or other transportation services. Staff will attempt to answer any other questions during the briefing to the Board. Attachments: · Petition from Wendell Siler, Jr. · Letter from Ms. Young through Mayor Harris · Correspondence from Don Elder · Letter from Commonwealth of VA Dept or Rail and Public Transportation 3 l- I . . .r71A: I!\ ",!. W ~ ~..'~¡"~ [3-1[Ci-l o prJlM o CLERK'S OFFICE c,C!. : ~~ fI' ~-!1vV A r:-.f"~,.....""""" t=:J \J tf\J ~RCF ~PM Wendell H. Siler, Jr. 1878 Bridle lane, SW Roanoke, VA 24018 D~STP.~þUThJt,~: ; :- & r' ¡"'"- "". . -": &. . ~. (540) 774-2573 dellsart@webtv . net I : ! J , . J: tì- ~ 6 ' . I' - U (\j t..V;.tJ June 1, 2005 , ; .i i . . , '/ . .....f .....~~- --~-_. - __0I:III::'.._. ~_~_...._..~_' - . ."..... . - ---. -. .---.. Mr. Mike Altizer Chainran, Board of Supervisors County of Ibanoke 5204 Bernard Drive, SW Ibanoke, VA 24018 Dear Mr . Altizer: Enclosed by this cover letter is ei ther a copy or an original of a :petition ci=ulãtecì recently by rre, Dell Siler. Signed by l:xJth R:>anoke Cì ty and County residents from all soc:ioeconomic walks of life, this :petition protests the· upcoming elimination of RADAR,lCDRTRAN' s Orange and Yellow Line AM-accessible bus schedules. The secondary pur¡;x:>se of the sign-up sheet is to request a continuation of the Line' s route 1.mtil such tirœ an econcxn:i.cal and ·plausible Valley Jt.1etro/Sbcial Services/RADAR alternative can be put into;·¿service. Termination of the Orange and YellOW' lines, scheduled for June 30, will rrean a trenendous hardship for ITBIlY elderly and physically challenged citizens in Sou"t:l1\\1E!st Roanoke County. We \Vho happen to be driving-ïnpqred used tbe Lines to shop for groceries at anyone of tbe three Krogers on the route, for making barber and beauty app:>in1:IIents, for seeing our physicians, and for getting to work. Vbat began as a "feeder" service--to get Cb1.mty residents to ooard Ib\.vntown MI::bDo buses-has becorœ a lifeline for marlY people who cannot conventionally travel in any other way. It is clearly underst.cx:x:l by everyone through the local rœdia why these transportation avenues are closing. HcMever, tbe p:Mer~-tnat-be need to get beyond the mantra, ···''''Ihe Gcant .~~""'" nut n, and start lCX)king for options for Southwest Co1mty ci-tiz~"O.-5 to enjoy th.e 'Sarre freedom of IIDbiolity that Itrwntown Ibanoke Metro Bus pasSE!bcJers have been afforded for seventy years. 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G. ~ ~~D-0~ -~ -- '10 ~~a r. _ ~ ~v~~ IrSì £9f.J....,.J-Q, _.)'2:~~'¿- ~JI~~rJ"Ac.G"1'!Udr~'~~IJAA-r~"",~,..Ju..tJ... ~ ~~ Ol~ 1t<><"""kr.L,{/A ~-; . . .. .2JÌð/ ¡-- , 1~~¿4;ðl,t/,~f'#' (j.¡Ml.£~.~-:Jþ IJ,a4ll4,'Ý'A 63-,.~~ ~A~ R6Cl~r~ L (//4 "1'74·0):};'" y¡.;.--æw.u. f&~~ñ~4:#~ ~ ~. ~~ &rJJ 579.1 &1¡sburJ DR. . 771~5f;/1 o '172. -7/~1J 7?~-'1l/1:J ¡õ 7 - I c¡ '~ C, -I 1(7 "dÒlÇ- ~l. ?Y9.. q()JJ3 ~ ¿'. .:2 7" '( f - ¿/)I'iS ...- 5 ---r-:' ....., " J/ 7~t- " L"1 "';,n~ ti, II ~i . - . u_ n. . ::nqq : ::~ 3t:- }~~: ;::1Ji~;~~~ 1.1'"1"170) %, ~~/tf7Ç ~4 ?7~~ o/J. WI NS""t"O' -c.=:~- .~11 S"TVN E' Y ~"'"<-I)Il. "2..'" "ò 7 71f· 7.::>"51 " - ¡;J J ,.. { . t-/ 77 -{ -¡ft 7. , r7 /~ t 17 -;¿J ". 1J7.l6 ;'- ......~ ~~.~..,.,,,. :~........~~ . '''''.......' ..,:~ I_I"'...........~~..,,,..,~-:... CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853- f 145 ~:.~:8V~~;~. ( _ I - l\/t "..f\~1 .. L1 tt¡~".......rN-- ~J8C 0 ECH [J"RCF 0 ÿi'..~M [J' JPM Cl' CLEFn~S Á'~ OFFICE / U,"^--- d ~ t. SO^,"'- [~lc~ 1 7 --', . ~ c. NELSON BARRIS Mayor June 14, 2005 Ms. Shirley M. Young 4930 Grandin Road, S. w. Roanoke, Virginia 24018 Dear Shirley: Thank you for your correspondence which was received in the Mayor's Office on June 6, regarding the Orange {Yellow Lie bus service. I can appreciate your concern and the inconvenience involved with the discontinuation of this service. I am taking the liberty of forwarding your concerns to the Roanoke County Administrator Elmer Hodge, Roanoke County Board of Supervisors Chair Mike Altizer, Manager of Valley Metro Dave Morgan and City Manager Darlene Burcham for their review and respons.e, with a copy to th~ Mayor's Office. I always appreciate hearing from citizens on matters of mutual interest and concern. With best regards, I am Sincerely, ~~~ C. Nelson Harris Mayor eN H :jj Pc: Darlene L. Burcham, City Manager ¡David A. Morgan, Manager, Valley Metro Michael Altizer, Chair, Roanoke County Board of Supervisors, Post Office Box 29800, Roanoke, Virginia 24018-0798 Elmer C. Hodge, Administrator, Roanoke County, Post Office Box 29800, Roanoke, Virginia 24018-0798 4930 Grandin Road, SW Apartment #302 Roanoke, VA 24018 ~V-\ ~ r' n- 1 "!'" V () t/ ,/0 ~ «~(;-I June 2, 2005 Mayor Nelson Harris 21 5 Church Avenue, SW Room #452 Roanoke, VA 24011 Dear Mayor Harris: As a senior citizen and long-time resident of Roanoke City, I was upset to learn that I will soon find myself without any transportation. I am now a resident at Farrington Apartments on Grandin Road. The other residents and I have been riding the Orange Bus, which is provided by Yaney Metro through a grant. Because the grant money will end on June 30, information has been posted stating that the Orange Bus transportation services will stop at the end of this month. The Orange line took us to the Valley Metro at Tanglewood Mall and Lewis Gale. Without this service, there is no 10nger a convenient and affordable way to get to the Valley Metro. The Orange Bus drivers have suggested that we sign up with Radar. However, Radar costs $5 per round trip each time and must be scheduled ahead. As an elderly, legally blind person 1iving on a limited income, I feel that Radar will not adequately meet my needs or the needs of many of the other residents in this area. Therefore, I am asking for your help with this matter. I appreciate anything you can do for the people of Roanoke City who are being adverse1y affected by the ending oftms transportation service. Thank you, th Shir1ey M. Young ~-I Donald Elder 2336 Cantle Lane Roanoke VA 24018 elderdona Id(ã)cox. net 540 989 9253 home 540 857 7006 work June 1, 2005 The Orange/Yellow Line bus service is ending June 30, 2005. This fact probably does not mean much to you, but as a "non-driver" in the Roanoke Valley, it means the end of freedom and flexibility in transportation that I have enjoyed since the services' inception. Having lived in Roanoke County for nearly 30 years I can attest to the fact that mass transit in Roanoke is BAD. If you do not think so, park your car for a day or two and then go about your daily routine. It is difficult to say the least. My understanding is the Orangetyellow Line was part of a grant through the state Department of Rail and Transportation, RADAR and Valley Metro. The grant stopped receiving funding for some reason. I have not been able to get a clear response to this particular question from these organizations. Many committees in the Roanoke Valley have met to discuss the issue of mass transit. Probably as many as have looked at Victory Stadium. But there is no resolution to either issue. The facts are if an individual does not drive due to car problems, health issues, can not afford a car or loss of a driving permit there will be no public transportation assistance in the areas the Orangetyellow Line served. This loss will result in some individuals not able to continue working. Others will not take jobs, not get medical carel not shop. Still others will move from the Roanoke/Salem area or choose not to live here in the first place. Business will suffer and may relocate or choose other locations. These issues support an environment declining in business opportunities; culture, diversification, richness of life, personal independence and the overall quality of life. If this is the type of environment that is desired for Roanoke/Salem citizens, this community and its businesses .Then do nothing about this termination of the Orange/Yellow line. Si ncerely, Donald E Elder (:1 COMMONWEALTH of VIRGINIA KAREN J. RAE DIRECTOR DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION 1313 EAST MAIN STREET, SUITE 300 P.O. BOX 590 RICHMOND, VA 23218--0590 (804) 786-4440 FAX (804) 786-7286 VIRGINIA RELAY CENTER 1-800-828-1120 (TDD) June 10, 2005 Mr. Donald Elder 2336 Cantle Lane Roanoke, Virginia 24018 Dear Mr. Elder: Thank you for your letter concerning public transportation service offered by RADAR in Roanoke County. You expressed your concern regarding the proposed discontinuation of the OrangeNellow Line route that is scheduled to occur on June 30, 2005. You are correct that the route was initiated with special grant funding administered by this agency, the Department of Rail and Public Transportation (DRPT). The funds to operate the route came from two sources - one federal and one state. The federal funds were provided from a Federal Transit Administration program called the "Jobs Access and Reverse Commute" (lARC) program and the state funds came from a Department of Social Services program called "Temporary Assistance to Needy Families" (T ANF). Together these two programs paid 100% of the .costs of operating the OrangeN ellow Line. Money from the federal JARC program does not come to Virginia every year. It must be provided through a special appropriation (earmark) each year and the special appropriation usually specifies the exact amount and where the funds will be spent. In the past, the state TANF funds have been provided to us through the Department of Social Services but those funds have been re-appropriated and no longer are available to us. The botto~ line is that the special funding sources that enabled the OrangeN ellow . Line to get started have been exhausted. If the service is to continue it must be supported by our standard federal and stat~ public transportation funding programs. Our standard federal and state funding programs for public transportation do not support 100% of the costs of the service. They require local funding support as well. This coming year RADAR will receive federal, state and local funds to operate public transportation services in the Roanoke area. The revenues that they will collect from riders and federal and state funds will combine to support about two thirds of the operating costs and local funds will support about one third. In order for the OrangeN ellow Line to continue, Roanoke County must be willing to provide financial support to RADAR to operate the line. Leading Virginia To Greater Mobility , .. L-I I understand that Mr. Curtis Andrews, CEO for RADAR, has approached Roanoke County with such a request. If the County is willing to support the route, we will provide our resources as well. . Thank you for your letter and for your support of public transportation. Sincerely, arles M. Badger Director of Public Transportation ACTION NO. ITEM NO. Q- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28,2005 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the budget for fiscal years 2004-2005 and 2005-2006 in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: ) Dan O'Donnell ~-Q Assistant County Administrator COUNTY,ADMINISTRAT~R'~ COMMENTS: J\ .. µ.~\\\~ ~t ~~")~~f\~\'w~ ~~tw \\~V\ ~-oblQ~V l(\) \þ ~./g~ ~ ~,-WJ SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the budget for fiscal years 2004-2005 and 2005-2006 by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 % of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment. This notice was published on June 21, 2005. 1. Request to appropriate $729,849 to various public assistance programs in the Department of Social Services 2. Request to appropriate funds in the amount of $8,000 for the Gates Foundation "Staying Connected" grant program l . ' ... [J-J 3. Request to appropriate grant funds in the amount of$225 from the Virginia Commission for the Arts 4. Request to appropriate a donation in the amount of $1 ,520.42 from the Hand in Hand Committee for the annual Parent Fair 5. Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues 6. Request from schools to appropriate grant funds in the amount of $36,581 from Learn and Serve Virginia K-12 7. Request to renew a contract to provide Commonwealth Attorney services to the Town of Vinton for $6,000 and appropriation of funds FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for appropriations will occur later in this agenda. STAFF RECOMMENDATION: Staff recommends that the Board hold the required public hearing. Board action appropriating funds as provided in this notice will occur later during this meeting. " . ACTION NO. ITEM NUMBER G: .- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request to appropriate $729,849 to various public assistance programs in the Department of Social Services SUBMITTED BY: Dr. Betty McCrary Director of Social Services APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~It~~~ ^p~~cv.l)~~) l);~ SUMMARY OF INFORMATION: The Department of Social Services receives additional appropriations throughout the year for public assistance and services delivery. The state has made available $288,000 in federallV-E funds for foster children; $45,000 adoption subsidy; $158,437 for transitional day care; $55,000 for auxiliary grants; $40,000 special needs adoption; $24,292 for eligibility administration; $25,480 adult services; $18,615 VIEW work and transition; $20,438 head start day care; and $54,587 non-VIEW day care. The Department of Social Services cannot access these funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $729,849 to the 2004-2005 Social Services budget and to appropriate the related revenues from the state. FISCAL IMPACT: This report will add an additional $729,849 to the Social Services revenue budget and expenditure budget. Any local required match is currently available in the budget. .. ' . . E/ \ STAFF RECOMMENDATION: Staff recommends appropriation of $729,849 to the 2004-2005 Social Services budget and appropriation of the same revenues from the state, to be distributed in the following manner: $288,000 for federallV-E (602000-5730) $45,000 for adoption subsidy (602000-5771) $158,437 transitional day care (602000-5749) $55,000 auxiliary grants (602000-5710) $40,000 special needs adoption (602000-5770) $24,292 for eligibility administration $25,480 for adult services (602000-5756) $18,615 VIEW work and transition (602000-5749) $20,438 head start day care (602000-5785) $54,587 non-VIEW day care (602000-5749) \ .. ACTION NO. ITEM NO. E-cG AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 SUBMITTED BY: Change order for Public Safety Building project (foundation/auger piles due to unsuitable soils) 1 Dan O'Donnell ~ Assistant County Administrator AGENDA ITEM: COUNTY ADMINISTRATOR'S COMMENTS: ,- ~~ ~f~J~ - \~ ~)~~~ ~~) SUMMARY OF INFORMATION: As discussed at a work session held on June 14, Northrop-Grumman has submitted a proposed change order for revised foundation construction due to soft soils under the dispatch wing of the new Public Safety Building. With the guidance of the County's construction management firm, Construction Dynamics Group, staff rejected the original change order proposals and instructed Northrop-Grumman to identify alternative methods of ensuring a sound foundation and to absorb all redesign costs. Northrop-Grumman has agreed to absorb the redesign cost and has presented three options for consideration. The alternatives presented are maximum prices and could be lower if the depths of the additional foundation supports are less than estimated or if fewer piles are required. Conversely, if the depths of the piles need to be deeper than estimated or more piles are required, Northrop-Grumman will absorb any additional cost. The original proposed change order is presented below and the revisions are listed in the "alternativesJl section of this report. As staff has agreed to bring all proposed change orders above $100,000 to the Board for approval, this item is on the agenda for consideration by the Board of Supervisors. Oriainal Chance Order Proposals: Micro-piles system and revised foundation design - This original proposal was priced at $528,685 plus design costs of $11 ,463 for a total proposed change amount of $540,148. This amount included all costs for redesign of the foundation. Staff rejected this proposal and instructed Northrop-Grumman to submit another proposal with several options for ~".. E-~ alternative structural systems. Northrop-Grumman was also notified that the County would not pay for engineering and redesign costs as the unsuitable soils should have been discovered prior to the original foundation design being completed. Northrop-Grumman has agreed with this concept and sent an alternative proposed change order with the following alternatives. ALTERNATIVES: Option 1: Geopiers - 250 30" diagonal geopiers, at a depth of 9 to 13 feet. Cost - Not to Exceed $408,328 Option 2: Auger Cast Piles - 172 12" diameter Auger Cast Piles at an average depth of 21 feet Cost - Not to Exceed $319,034 Option 3: Micropiles - 172 a" diameter Micropiles at an average depth of 21 feet Cost - Not to Exceed $510,629 All three alternatives have been analyzed by Construction Dynamics Group (COG) for cost and effectiveness. FISCAL IMPACT: An amount not to exceed cost of $319,034 would be deducted for the current project contingency amount of $811 ,245, leaving a balance of at least $492,211 in the contingency. These funds are already in the project budget and no additional appropriation is necessary. RECOMMENDATION: Staff recommends that Option 2 - Auger Cast Piles be approved as it is the lowest cost method and has been deemed by COG to be an effective method of ensuring a sound foundation. ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request to authorize an agreement between the Sheriff of Montgomery County and the Police Department of Roanoke County to allow the Roanoke County Police Department to respond to E-911 law enforcement calls on Patterson Drive in the Copper Hill portion of Montgomery County SUBMITTED BY: Ray Lavinder Chief of Police APPROVED BY: '(J Dan O'Donnell ~ Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~tt:M-M1) \'" I Ì;\, . ') ~. ^1~'r~~ ~\)Z\ ~ \.'" / SUMMARY OF INFORMATION: Because of the remote location of Patterson Drive in the Copper Hill section of Montgomery County (near Bent Mountain), Sheriff Whitt of Montgomery County has asked the Roanoke County Police Department for mutual aid by providing the first law enforcement response in emergency situations to this area. As authorized by the Code of Virginia, such officers shall exercise full police powers during the period of such emergency or necessity in Montgomery County as if they were in Roanoke County. Once an E-911 law enforcement call is received in Roanoke County for a law enforcement response on Patterson Drive, the call will also be transferred to the Montgomery Sheriffs dispatch and their Deputy shall also respond to the call. Roanoke County officers agree to remain at the scene as stand-by until the Montgomery deputy arrives unless ordered to leave by a supervisor in the Roanoke County Police Department. If a Roanoke County Police officer is not available or if the Roanoke County Police officer is ordered to leave by their supervisor, said supervisor shall immediately contact their counterpart with the Montgomery County Sheriffs office to inform them of the circumstances. For purposes of this agreement, an emergency situation shall mean an actual or threatened condition that poses an immediate threat to life or property. f-3 The Montgomery County Sheriff's Office and the Roanoke County Police Department have prepared the attached agreement which shall become effective July 1,2005 and remain in effect for ten years and shall be automatically renewed once for a period of ten years unless either party notifies the other in writing of its intent to allow the agreement to expire. The agreement may be terminated by either party by ninety (90) days written notice to the other so that the E-911 calls can be switched back to the Montgomery County Sheriff's office by the phone company. FISCAL IMPACT: There is no fiscal impact. The response will be by the officer in the district serving the adjacent area of Roanoke County. STAFF RECOMMENDATION: Staff recommends approval of the attached agreement so that the Roanoke County Police Department may provide assistance to the Montgomery County Sheriff's Office for residents on Patterson Drive in the Copper Hill area of Montgomery County. c-:3 THIS AGREEMENT made this _ day of , 2005. by and between the COUNTY OF ROANOKE, VIRGINIA ("Roanoke County"), a political subdivision of the Commonwealth of Virginia and SHERIFF, J.T. WHITT, a Constitutional Officer elected by the people of Montgomery County, Virginia (the "Sheriff'). WIT N E SSE T H: WHEREAS, Pursuant to the authority granted in Section 15.2-1736 of the 1950 Code of Virginia, as amended, Roanoke County has agreed to accept E-911 law enforcement calls for the Montgomery County residents located along Patterson Drive in the Bent Mountain) Copper Hill area of Montgomery County and provide first responder emergency law enforcement services for these residents; and WHEREAS. Roanoke County and the Sheriff have agreed to enter into this Agreement for the purpose of establishing a protocol as to how Roanoke County and the Sheriff shall respond should a law enforcement emergency exist or an E-911 law enforcement call be made from the Patterson Drive area of Montgomery County, Virginia; and WHEREAS, Roanoke County and the Sheriff mutually desire to use this Agreement for the further purpose of establishing terms for mutual aide between the parties to this Agreement in emergency situations. NOW. THEREFORE, in consideration of the premises and of the mutual promises contained in this Agreement, the Parties agree as follows: 1. Roanoke County agrees to accept all the E-911 law enforcement calls from the residents located on Patterson Drive in the Bent Mountain, Copper Hill Section of Montgomery County, Virginia. Upon receiving an E-911 law enforcement call from this area. Roanoke County, through its chief law- enforcement officer or his designee. shall undertake to be the first law enforcement responder to the scene. Roanoke County agrees to provide protection, defense and maintenance of the peace and good order and to stabilize the scene if necessary. Such officers and their principals shall exercise full police powers as conferred upon them by the laws of the Commonwealth of Virginia during the period of such emergency or necessity in Montgomery County. the same as in the County of Roanoke. In such cases, these officers may participate in law-enforcement action beyond Roanoke County to the extent authorized by general laws in the Commonwealth of Virginia. All law enforcement personnel responding to an 1 E-3 emergency request will report to and take direction from their respective chief law enforcement officer or the designated supervisor of the requesting agency at the emergency site. 2. Once an E-911 law enforcement call is received in Roanoke County for a law enforcement response on Patterson Drive, the E-911 call shall then automatically transfer to the Sheriff's dispatch. The Sheriff or his designee shall also respond to the after receiving the E-911 call. Roanoke County officers agree to remain at the scene as stand-by until the Sheriff's deputies or officers arrive, unless ordered to leave the scene by a supervisor. The Sheriff shall take over control and management of the scene once his deputies or officers arrive. In the event that a Roanoke County officer is unavailable to respond to an E-911 law enforcement call or is ordered to leave the scene by a supervisor, the On- Duty Shift Supervisor shall immediately contact his counterpart with the Sheriff's Office to inform him of the circumstances. Each party further agrees that in the event of an emergency situation in either jurisdiction, each party to this Agreement shall furnish to the other such personnel, equipment, facilities or services as is, in the opinion of the assisting member, available to lend assistance for law enforcement purposes. Provided, however, that each party reserves the right to refuse to render assistance, or to recall any or all rendered assistance, whenever a good faith determination is made that such action is necessary to the protection of the assisting party's jurisdiction. For purposes of this agreement, "Emergency situation" shall mean an actual or threatened condition within the jurisdiction of one of the parties to this Agreement that poses an immediate threat to life or property and which exceeds the capability and resources of that jurisdiction to successfully bring that condition or situation under reasonable control. Law enforcement personnel responding to a call for mutual assistance outside of their appointed jurisdiction shall have all those law enforcement powers provided by the laws of the Commonwealth of Virginia. 3. For any act or failure to act carried out beyond the normal jurisdiction and under this Agreement, such law enforcement officers shall be entitled to all of the immunities from liability enjoyed in its own jurisdiction when acting through its police officers, agents, or employees for a public or governmental purpose. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the County or the Sheriff or any officer, deputy, agent or employee of either party to this Agreement. 2 E-3 4. The deputies, police officers, principal, or other agents or employees of the Parties when acting hereunder without their normal territorial jurisdiction, shall enjoy all exemptions from laws, ordinances and regulations and shall have all of the pension, relief, disability, worker's compensation and other benefits enjoyed by them while performing their respective duties within their normal jurisdiction. 5. Each Party waives any claim it may have against the other Party growing out of any act or omission carried out under this Agreement. In so far as permitted by law, each Party to this Agreement shall indemnify and hold harmless the other Party from any and all claims by third parties for personal injury, property damage or other claims for monetary or injunctive relief which may arise out of the activities, or failures to act, of the other Party to this Agreement while outside their respective jurisdictions in connection with this Agreement. This Agreement shall not be construed as, or deemed to be, an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatever hereunder for any cause whatsoever. 6. Each Party shall, as may be required, notify its law-enforcement liability insurance carrier prior to the effective date of this Agreement. 7. The effective date of this Agreement is July 1, 2005. Its term is ten (10) years and shall be automatically renewed once for a period of ten (10) years unless either party notifies the other in writing of its intent to allow the Agreement to expire. This Agreement may be amended only by a written instrument signed by an authorized representative of the County and the Sheriff. From time to time, the chief law-enforcement officer of the County, or his designee, and the Sheriff, or his designee, may enter into written policies or procedures to implement the intent of this Agreement. 8. This Agreement may be terminated by either party by ninety days written notice to the other. Upon notice of termination or non-renewal, the Sheriff shall make the necessary arrangements with the cooperation of Roanoke County to have the E-911 calls from Patterson Drive switched to the Sheriffs dispatch. 9. The use of the term "Party" includes employees, officials, and officers of Roanoke County or the Sheriffs Office. IN WITNESS WHEREOF, this Agreement has been approved and executed by and is effective and operative as to each of the Parties hereto as of the date hereinabove, all as herein provided. 3 APPROVED AS TO FORM: COUNTY OF ROANOKE, VIRGINIA BY: APPROVED AS TO FORM: SHERIFF OF MONTGOMERY COUNTY BY: J.T. WHITT, SHERIFF 4 E-] ACTION NO. ITEM NO. E - Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28,2005 AGENDA ITEM: Memorandum of Understanding with Virginia Department of State Police for 800 MHz repeater installation, Poor Mountain SUBMITTED BY: Anne Marie Green Director, Department of General Services J Dan O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENT~~\ ~ [~~~'~ :.t'·., J~':..~. ':y\ \\.. u \ , - \ \ ,:' - ~ /1 \ / .., I - ,',; i SUMMARY OF INFORMATION: In order to provide coverage on both sides of Poor Mountain, Roanoke County uses two antenna sites for the 800 MHz public safety radio system. The County owns one of the sites and the tower on it, but is using a tower on another site for which there is no current valid lease. Discussions with the owner of that property have not resulted in any agreement for continued use of the tower and site. The Virginia Department of State Police has agreed to permit Roanoke County to install the equipment on its nearby tower site, without charge. The State Police site will provide comparable coverage for the radio system. FISCAL IMPACT: There will be a one time charge by the Department of State Police for installation of the County's equipment, which should not exceed $2,000. The Public Safety Team has approved payment of this fee out of the E-911 fund. .. .. E-~ ALTERNATIVES: 1. Approve the execution of the attached Memorandum of Understanding (MOU) with the Virginia Department of State Police by the County Administrator or his designee. 2. Direct the Department of General Services to attempt to negotiate a lease with the owner of the tower currently housing the County's equipment or with another property owner on Poor Mountain. STAFF RECOMMENDATION: Staff recommends approval of Alternative # 1. MEMORANDUM OF UNDERSTANDING between Virginia Department of State Police and Roanoke County Communications This memorandum is to set forth basic general procedural obligations of the Department of State Police (DSP) and Roanoke County Communications (RCC). The general intent of this memorandum is to allow RCC to operate communications equipment on DSP property. See attachment for details of equipment and frequency. In consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. DSP hereby grants to RCC permission, revocable and terminable as hereafter provided, to maintain and operate radio communications equipment and place antenna and appurtenances on existing property identified as DSP, Poor Mountain Communication Site located in Montgomery County, Virginia. RCC shall be permitted to use the DSP property for the installation, operation and maintenance of communications equipment only. RCC shall not be permitted to use the DSP property for any other purpose except by written permission of DSP. 2. This memorandum will become effective upon signatures of both parties and extend until such time as DSP or RCC gives the other party a six (6) month advance written notification of their desire to terminate. Upon termination of this MOU, RCC agrees to remove all equipment and personal property at its own expense within (120) days. 3. RCC shall make no monetary payment in the form of rent. RCC will pay all installation charges and all cost of servicing and maintaining its own equipment. 4. The DSP shall perform the initial installation of the radio tower components on behalf of RCC. 5. RCC will assume responsibility for handling and coordinating the licensing of the RCC equipment with the Federal Communications Commission. 6. DSP will approve all antennas and equipment to be placed on the DSP tower and building for the purposes of tower loading and frequency interference reasons. 7. While this MOU attempts to accommodate all possible situations, it is acknowledged that from time to time situations will arise which are outside the general scope of this document. It is incumbent upon both parties to discuss these situations and reach a mutually agreeable resolution to the agreement. The parties will review the MOU as needed and recommend changes to the appropriate persons. Changes will be as written addenda to this MOU. Commonwealth of Virginia; Department of State Police Superintendent Date: Commonwealth of Virginia; Roanoke County, Virginia County Administrator Date: May 20, 2005 Communications Equipment to be installed on DSP site at Poor Mountain by Roanoke County, Virginia 800 M Hz. Repeater Transmit Frequency Receive Frequency Transmit ERP Antenna Type 854.9875 MHz. 809.9875 MHz. 70 Watts Decibel Products DB803M ACTION NO. ITEM NO. E-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request to approve amendments to the Public Private Partnership Policy SUBMITTED BY: Doug Chittum Economic Development Director \ Dan O'Donnell ~{ \ Assistant County Administrator APPROVED BY: ~~. '-í}.rV'w L TOR'S COMMENTS: r I.,),(~ ~ r)" \ ",.)\ '_\\' ,/ SUMMARY OF INFORMATION: A work session was held on June 7, 2005 for the purpose of discussing the policies and procedures related to Roanoke County's use of economic development incentives. Much of the discussion was based on the current Public Private Partnership (PPP) Policy, which was last amended in 2002. After discussion, the Board requested several changes to the Policy. It was further agreed that with these revisions, the PPP Policy should remain as guidelines for determining the appropriateness and level of County financial participation in economic development projects. A draft of the revised policy is attached and the following is a summary of the suggested amendments. 1. Deleted the detailing of "Target Industries" under the Guiding Principles Section on page 2 of the policy. 2. Deleted the use of Worksheets 1 and 2 to evaluate eligibility of projects on page 3 of the policy. 3. Deleted the ability of the County Administration to administer incentives under $50,000 without Board approval on pages 3 and 4 of the policy. 4. Deleted the reference to maintaining the utility funds for water and sewer due to the creation of the Western Virginia Water Authority. E-Ç- 5. Made reference to the Industrial Development Authority and their fiduciary role in the payment of incentives on pages 1 and 5 of the Policy. 6. Request the Roanoke County Industrial Development Authority to amend their name to the Roanoke County Economic Development Authority to more accurately reflect their mission. FISCAL IMPACT: Since most incentives are administered on a "reimbursable basis" and are therefore paid out only after new tax revenues are generated and the incentives have been budgeted for, there will be only positive effects on the County budget. AL TERNATIVES: 1. Amend the PPP Policy as suggested under the summary and detailed in the draft of the 2005 revised policy. 2. Make no changes to the policy. STAFF RECOMMENDATION: Staff recommends Alternative 1 which would amend the PPP Policy as outlined in the 2005 draft document. ~ r- -=.;; COUNTY OF ROANOKE PUBLIC PRIVATE PARTNERSHIP POLICY Œevised June 2005) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ ~ -- -{ Deleted: (Revised JUDt' 2002)~ Introduction The County established a Public-Private Partnership Program to further its economic development mission - to design and implement innovative programs and services that leverage community assets, create wealth & prosperity, and embrace the region's future. The distribution of various incentives in the fonn of County funds or other assets is the intent of the Program. These distributions are made to qualifying enterprises or organizations to encourage them to create or retain jobs and investment in the County and the region. This Policy establishes a framework by which the Program can be equitably and efficiently administered. Guidin2 Principles The Public- Private Partnership Policy is developed and applied in concert with the County's Business Plan for Economic Development. The Policy reflects the County's commitment to attract and retain quality jobs and investment and to maintain strong working relationships with its public and private sector partners. This is an investment Program, whereby the County seeks to ensure a reasonable return on its investment of funds or other assets as measured by tax revenues and quality jobs created ang,_r~~ail!esl~ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ - '~eted: or J Financial incentives offered by Roanoke CountyT and adlninistered h-the Roanoke .Co~~ty _ _ _ - {Deleted: .Industrial Development Authority originate from the tax revenues paid by citizens, visitors, and businesses in the County. The Public Private Partnership Policy seeks to reinvest some portion of these tax revenues to assist in the economic growth of the County. During the initial site search for a location or the expansion of an existing facility, Roanoke County and a business or industry develops a partnership designed to accommodate the specific needs of the project. Accordingly: 1. Roanoke County may fund a portion or all of development costs for public improvements, such as roads and public utilities, off site regional stonn water management facilities, and/or utility connection fees for water and sewer for a qualifying industry or business that meets the evaluation criteria for Public Private Partnerships. 2. Roanoke County may encourage the creation or retention of jobs of qualifying companies within the community, which hire employees at wages/salaries at or above the median area rate for that occupation through assistance with employment training. 3. Roanoke County may support tourism related industry/destination activities that provide range of services and attractions for visitors from outside the Roanoke Valley that will create employment opportunities and tax revenues, and enhance our image as a viable community. 1 '( - - - - - - - - - - - - - - - - - - - - ~ - - - - - -, - -. - -- - -- - - - -- - - - -- - -- - - - - - - - - -- - - - - - - - - - - - - - - - - il_ _ _ J!1ç~~t(v~§ ~)IJ !l9~ ~~ ~~e~ _t<? !~19~'!t~ ~ Þ!l§i!l~~sli!19~~tŒ f!Q1!l ~!lºtÞ~~iup~ºi~!i91) !t! tþ~ _ Roanoke Valley to the County unless it can be shown that the subject jobs and investment \ might otherwise be lost to the Roanoke Valley, and! or the business has determined that \ the best location for their new operation is in an Economic Opportunity Area as designated in the Roanoke County Economic Development Strategy. Tvpical areas of Partnership Assistance Physical improvements and fees, such as: a. Water and sewer line extensions b. Water, fire, and sewer utility connection fees c. Public road construction and required drainage structures d. Traffic control devices such as signals and related equipment e. Regional storm water management facilities f. Land acquisition for public purposes (i.e. industrial rail and/or road access, road widening, easement acquisition . . . ) g. Employment training/retraining Requests for assistance with employment training and retraining of new and/or relocated employees may be considered. Amounts and priority of funding will depend on the salary/wage rate to be paid, the number of permanent full time jobs created, relocated or retained, and availability of matching funds from the state of Virginia and federal funds. Operatinf! Procedures The Director of Economic Development is responsible for administering this Policy and shall coordinate with the Director of Finance to establish a system to account for funds committed and expended. A business or industry may apply for County assistance by addressing a letter (on company letterhead) to the Director of Economic Development that indicates: a. A description of the business or tourism activity to be conducted on the site, that indicates the reasons why public financial participation is needed to complete the project. b. Total capital investment in real estate (land, building), machinery and tools, and anticipated personal property, and/or other taxes paid on site 2 Ë-S \ \ \ \ - Deleted: 4. _ Roanoke County will allocate incentives in a manner that favors development in the ~ following "Target Industries:"~ - ~I _ Automotive & Transportation related Products & Technolog)'1l BiotechnologylBiosciences & Biomedical Systems & Equipmen~ ElectricaVElectronic Components & Assembl)1 Metal Fabrication & Machine T ools'¡ Information & Telecommunications Products & TechnoloID1] · Commercial & Retail operations'] · Tourism related operatíons~ · Other Value Added Manufactunng \ operations~ It Deleted: 5. \ I \ \ E ;' L-- ,---) c. Total employment and annual payroll for jobs to be created or retained over the nex t five years d. Numbers and types of positions/jobs created or retained and average annual hourly salaries or wage for each over the next five years e. Specific infrastructure requirements such as water and sewer needs (including line size and/or capacity), off site road improvements, storm water management facilities, or other public facility assistance requested f. Date of construction and/or start-up (if in an existing building) g. If applicable, the terms of any lease to ensure that the company will occupy the building during the period calculated for payback. Review The Director of Economic Development will review ~a_cþ_r~g~~s! %~r_I?~f!i~i'p~!i9~_ usi~g the _......~ Deleted: the ) following guidelines. Jþ~~e_ ey_a!l!a!i9!1_c!i!~ria_ ,!r~ þ~~e_d_ ~~ '!I?t!JÞ~~~ 9f '!1!t!cjI?'!t~4 ta~~~ (r~,!l_ _ .~ - Deleted: usingdt2he eVdaluati~n crhiteria on h· d I I . I dIn·· worksheets 1 an to etermme t e estate, mac Inery an too s, persona property, transIent occupancy tax, sa es tax, a Isslons tax, extent of Roanoke County's funding. etc.) to the County, and jobs created/retained by number and type of employees. The County may participate in the following manner: a. New or expanding commerciaVretail/office projects must have a payback within one year. b. New or expanding manufacturing/industrial projects must have a payback within three years. c. County incentives may be packaged with those offered by local, State or Federal agencies to leverage the opportunity. Such incentive packages will be structured so as to provide maximum return on the County's assets. d. The incentive may be paid on a reimbursable basis, following an audit verifying the new local tax revenues generated by the project ~-=-The County may participate up to 100% of public improvement costs for a new and expanded project if the payback meets any of the classes listed above.:. h_A.1I_appli~~t!~n_s _a!~ ~u_bj~c_t!~ !h_e_a~~up! <?ftþ~ ç_0!l!1ry~s_ a}l~!l~JJ-~_u~g~~ aYP!~r!a!i.9!1_/ for this purpose . Deleted: and qualifies under Worksheet / 2. The County Administrator has the / / authority to invest up to $50,000 in any one project wIthout prior approval of the Board of Supervisors. ParticipatIOn in projects with greater than $50,000 participation, with paybacks longer than those outlined above, or which fall outside the criteria stated, shall be referred to the Board of Supervisors for a decision.~r ~ 3 Criteria for determination a. Incentives will not be approved in situations where it can be detennined that they would not materially effect the decision of the applicant to undertake the proj ect or otherwise make an investment in the County. b. No projects will be considered which are detennined to produce significant environmental pollution, public nuisance or excessive demands for local public servIces. c. Excess County payments shall be refunded by the applicant if the actual tax revenues do not meet the payback fonnula in accordance with the Perfonnance Agreement executed between the County and the business or industry. c- - C_____ J d. Tourism projects will be evaluated on the basis of expected visitation and concentration of tourism activities in areas proposed by the Economic Development Strategy, as well as other criteria for new jobs and anticipated tax revenues. - Deleted: d. _ All applications for of - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- ~ payments of costs up to $50,000 for physical improvements and/or fees, which comply with the above criteria, will be \ approved by the County Administrator \ " upon a positive recommendation by the Department of Economic Development e. If appropriate, Public Private Partnership funds may be passed through the Industrial Development Authority of Roanoke County to a qualifying business or industry subject to the stipulations set out in the Perfonnance Agreement. f. Developers of commercial or industria] projects for lease must pass on the value of the incentives to the tenant business or industry by lowering the annual lease rate and/or by providing for additional tenant improvements. A copy of the executed lease in which the County participation is identified shall be presented to the Director of Economic Development upon request. g. A business or industry obtaining Public Private Partnership funds shall coordinate any public announcement of its location in the County with Department staff in order to obtain positive media coverage for the activity. h. Recipients of Program funds will provide on an annual basis a report (including written verification of the annual taxes paid to Roanoke County) of their progress in meeting the tenns of the Program Agreement. Such report will be delivered to the Department of Economic Development within 30 days of the anniversary date of the Agreement. 4 ~ormatted: Bullets and Numbering Limitations Roanoke County will not pay for any private sewage pre-treatment facilities or waive any ordinances requiring fire protection or industrial discharge certification. Fundin!! Sources Roanoke County shall fund its participation from the General Fund from anticipated tax revenue, or from an Economic Development Fund or other special non-utility funds. The Roanoke County Industria] Developn1ent Authority shall administer the payn1ent of financial incentives to each aDDlicant as agreed upon in the ne~otiated performance agreements. y- _ _ _ _ _ _ _ _ _" _ _ _ _" _ Public Disclosure There shall be disclosure of any financial or other involvement by staff members and elected officials in any public private partnership. A ward of Funds Upon the evaluation and decision to enter into an Agreement, the Director of Economic Development will notify the expanding or relocating business/industry in writing. This letter will identify the Countys funding level as well as any other areas of assistance. A2:reement A written "Perfonnance Agreement," in a fonn to be approved by the County Attorney that specifies the tenns and obligations of each party will be executed prior to the disbursement of any Program funds. Any questions regarding the preparation of an application for financial assistance under the criteria of the Public Private Partnership Policy should be directed to the Director of Economic Development, P.O. Box 29800, Roanoke, Virginia 24018-0798. Phone (540) 772-2069. 5 ~ - ('/ .....~. ! - Deleted: There IS intent to continue the maintenance of a fiscally sound utility enterprise fund to provide water and sewer service to County utility customers. (County Code Chapter 22 authorizes this provision, as amended by Ordinance 8-12- g6-169, Section 3b.)~ ACTION NO. EJ-Q ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Dan O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: R'- wP~ tA~ ~ ~~) Lf ) <,{ "U>{~ \';'" · /_ ry\~{ . I) ~r ¥r~-) \ '-~ --'> J " , BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for July 26. 2005. The titles of these ordinances are as follows: 1. The petition of the Board of Supervisors concerning Proposed Amendments to the Zoning Ordinance - Private Kennels, by changing the title of this use, increasing the number of dogs, eliminating the minimum lot size standard, and deleting this use from the R-2 zoning classification. 2. The petition of Church of the Holy Spirit to obtain a Special Use Permit to expand a religious assembly facility on 15.24 acres, located at 6011 Merriman Road, Cave Spring Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. 1 F I-~ STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for Julv 26. 2005. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item( s) 1-2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 r -I County of Roanoke Department of Community Development Memorandum To: Planning Commission From: David Holladay, Senior Planner Date: May 31 , 2005 Re: Proposed Amendments to Private Kennel Ordinances The Roanoke County Board of Supervisors has directed county staff to review the County Code with respect to private kennels~ On April 26, 2005 the Board of Supervisors held a work session to discuss concerns regarding private kennels. During the work session, the Board discussed the current limit of two dogs for homes without private kennel permits, as well as the perceptions surrounding the use of the word "kennel". The Board and staff discussed raising the limit to three or four dogs, and there was general support to raising the number to three. The Board requested a second work session on the topic, and asked staff to prepare several alternative code changes for their consideration. The second work session was held on May 10, 2005. For the work session, staff prepared a report outlining the issues surrounding private kennels, and offering several alternative choices for code amendments~ As you may recall from the discussion during the work session, ordinances regulating private kennels are found in two chapters of the Roanoke County Code: Chapter 5, Animals and Fowl, and Appendix A, Zoning Ordinance. Amendments to the zoning ordinance will be reviewed by the Commission and approved by the Board of Supervisors. Changes to the animal code would be reviewed and approved only by the Board of Supervisors. The Planning Commission public hearing on these amendments is scheduled for July 5, 2005, and the Board of Supervisors public hearing is scheduled for July 26, 2005. After the second work session, the County Attorney drafted proposed amendments to both codes. Copies of the first draft, dated May 13, 2005, are attached for your review. The proposed amendments address the following four changes: 1) Raise the number of dogs allowed without a private kennel pennit from two to three. 2) Change the tenn "Private Kennel" to "Multiple Dog Permit". 3) Remove the one-acre minimum lot size for "multiple dog permits". 4) Remove Private Kennel from the uses allowed by right in the R2 zoning district and add Multiple Dog Pennit to uses allowed by special use pennit in the R2 district. r-\ ACTION NO. ITEM NO~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 2005 AGENDA ITEM: Work Session on Private Kennels SUBMITTED BY: Paul M. Mahoney. County Attorney Janet Scheid, Chief Planner APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On April 26, 2005 the Roanoke County Bo.ard qf Supervisors held a work session to discuss concerns regarding private kennels. During the work session, the Board discussed the current limit of two dogs for homes without private kennel permits, as well as the perceptions surrounding the use of the word "kennel". The Board and staff discussed raising the limit to three or four dogs, and there was general support to raising the number to three~ The Board requested a second work session on the topic, and asked staff to prepare several alternative code changes for their consideration. They also requested staff to research other jurisdictions that allow more than two dogs for information regarding enforcement. Finally the Board discussed increasing the number of animal control officers to assist in the enforcement of the animal nuisance problems. The problem is the limit on the number of dogs in the R-1 zoning district, and the requests by dog owners to increase that number through the issuance of a private kennel permit. Only 4 Special Use Permit applications have been heard by the Board of Supervisors since 2002, and only 2 of these applications have been approved. BACKGROUND: Existing Roanoke County Codes Regulating Dog Ownership Ordinances regulating private kennels are found in two chapters of the Roanoke County Code: Chapter 5, Animals and Fowl, and Appendix A, Zoning Ordinance. Excerpts from these codes are provided below. Copies of the entire relevant code sections are attached for your reference. 1 ~- Animal Control Code Section 5, Article II. Dogs, Cats and Other Animals defines "Kennelu and sets the limitation on number of dogs kept per dwelling unit. Section 5-21 defines IIKennelu as irAn enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than two (2) dogs four (4) months of age or older, from which they cannot escape: The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line." Section 5-24 (a) states: liThe harboring or keeping of more than two (2) dogs over four (4) months of age per dwelling unit shall be unlawful, unless a private kennel license has been issued pursuant to this article." Zonina Ordinance The Zoning Ordinance defines Private Kennel, regulates where private kennels are allowed, and provides additional use and design standards for private kennels. Section 30-29-2 Residential Use Types defines Private Kennel as "The keeping, breeding, raising, showing or training of three (3) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective." Private kennels are allowed by Special Use Permit in the R 1 zoning district. When issuing the permit, the Board of Supervisors usually sets the limit on the number of dogs for the private kennel. In all the Agricultural districts, and the R2 district, private kennels are allowed by right. Private Kennel Issues Number of Docs Allowed During the April 26 work session, the Board and County Staff discussed the option of raising the number of dogs allowed from two to three or perhaps four. This discussion was prompted following a public hearing in March 2005 in which the Board granted a Special Use Permit for a private kennel on property zoned R1. The permit was requested by new residents to the County who had moved from another Virginia locality that did not limit numbers of dogs. That approved permit was for four dogs. Several previous requests for private kennels have been denied by the Board of Supervisors. 129 kennel licenses were issued in 2002, 99 in 2003, but only 81 were issued in 2004. Of all these licenses only 4 Special Use Permit applications have been heard by the Board of Supervisors, and onry 2 have been approved. Whether the Special Use Permits are approved or denied, the legislative and public hearing process triggers strong emotions with dog owners as well as with neighbors. "Private Kennel" as a Defined Type of land Use The Board also raised the question of the use of the word "kennel" to describe private dog ownership. In many instances, the advertising and general notification of a public hearing for a 2 f='- J Private KenneJ could cause neighbors to perceive that a large commercial operation is proposed for boarding and breeding dogs. The public hearings are only for property zoned R 1 with a minimum size of one acre. In other zoning districts that arrow private kennels by right, a review by the Board of Supervisors is not required, and the term "kennel" is not an issue. The term "kennel" is found in both relevant County codes, and also has ties to enabling State code. Any changes to the term "kennel" would have to be made to both codes, and not in conflict with State enabling legislation. Leaislative Process of Obtainina a SDecial Use Permit A common theme surrounding the two issues of the numbers of dogs and the definition of "kenner is the requirement for a special use permit. These special use permits are only required in the R 1 residential zoning district. All other existing private kennel permits have been issued through an administrative procedure, and has not been an issue before the Board. If the root problem with private kennels arises from how they are regulated in the R 1 zoning district, then that is where the Board should focus their attention for amending the code. If the number of dogs allowed without a private kennel permit is raised from two to three or four, then the requirement for a special use permit could be removed from the R1 zoning district. Or all references to private kennels could be removed from the zoning ordinance. However, as stated above, all other private kennel permits in agricultural zoning districts (and the R2 district) are issued through an administrative procedure. For example, if a citizen lived on a larger tract of land zoned AG3, he/she would have a right to keep a group of hunting dogs on their property, provided they paid required annual license taxes for each dog tag, and kennel tax for a private kennel. If changes are made to the zoning ordinance to remove private kennels, other changes to the animal control code may be necessary in order to preserve the right to keep multiple dogs in the agricultural zoning districts. AL TERNATIVES: 1) Increase number of dogs allowed to either 3 or 4, and amend the Zoning Ordinance by changing the name of "private kennel" to "Additional Dog Permif' or "Multiple Dog Perm it". achieve the Încrease in the number of dogs allowed that was discussed; legislative process remains intact for issuing Special Use Permits in R1 district; change the term "kennel" to "Additional Dog Permit" or "Multiple Dog Permit" and avoid possible misconceptions about the use and term. 2) Increase number of dogs allowed to either 3 or 4, and remove Private Kennel from uses allowed by Special Use Permit in the R1 district, and use by right in R2 district achieve the increase that was discussed; legislative process ceases for Special Use Permits; number of dogs aUowed in residential districts would have an absolute, simple limit, with no opportunity of having more than the limit; rights and procedures for keeping more dogs in agricultural districts with an administratively issued private kenne' permit would not be affected. 3) Increase the number of dogs allowed to either 3 or 4, and remove all references to Private 3 F-¡ Kennel from the zoning ordinance. achieve the increase that was discussed; remove the process entirely from the zoning review and approval, and have dog ownership regulated solely by the animal control code; some changes to the animal control code may be necessary in order to preserve existing rights of multiple dog ownership in the agricultural districts. 4) Take no action at this time. STAFF RECOMMENDATION: None. 4 r-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28,2005 ORDINANCE AMENDING APPENDIX A. ZONING ORDINANCE OF THE ROANOKE COUNTY CODE AND CHAPTER 5. ANIMALS AND FOWL PERTAINING TO MULTIPLE DOG PERMITS WHEREAS, the Board of Supervisors of Roanoke County has requested certain amendments to the County Code pertaining to multiple dog permits; and WHEREAS, the first reading of this ordinance was held on June 28, 2005t and the second reading and public hearing were held July 26, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 5, 2005; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of the County Zoning Ordinance be amended to read and provide as follows: SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. * * * * Konnol, privata: Multiole daQ oermit: The keeping, breedingt raising, showing or training of three (3) four (4) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. * * * * 1 f"-- SEC. 30-32. AG-3 AGRICUL TURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. ResidenüalUses **** Kennel, Pri'Jato Multiple DOG Permit * * * * * SEC. 30-33. AG-1 AGRICUL TURAURURAL LOW DENSITY DISTRICT. Sec. 30-33-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. Residential Uses * * * * Kennel, Pri'.,':lto Multiple Doa Permit * * * * * SEC. 30-34. AR AGRICUL TURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 1. ResidenüalUses * * * * Kannel, Priv3ta Multiple Doa Permit * * * * * 2 F -I §. 30-36. AV AGRICUL TURALNILLAGE CENTER DISTRICT. §. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. Residen ila I Uses * * * * Kennels, Priv3te Multiple Doa Permit * * * * * §. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. §. 30-41-2. Permitted Uses. * * * * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. Residen ila I Uses * * * * Kennel, Priv3te Multiple Doa Permit * * * * * SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 2. Re~denilalUses * * * * Kennol, Pri'.'3to * * * * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 3 F- ( 1. Re~denilalUses Home Beauty/Barber Salon * MultiDle DOQ Permit * Townhouse * Sec. 30-82-4. Kannel, Pri'.<ate. Multiole DOQ Permit. (A) General standards: 1. Minimum lot cizo: Ono (1) 3cre. 6- 1. A pri'/3to kennal multiole doa oermit shall be permitted only when accessory to a single family dwelling. ð-: 2. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING. Sec. 30-91-9. Minimum Parking Required. * :.. * * Use Type Parking Required Konnol, Priv3te Multiole DOQ Permit No Requirement 2. That the following sections of Chapter 5. Animals and Fowl be amended to read and provide as follows: Article II. Dogs, Cats and Other Animals Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: * * * * Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than hAlo (2) three (3) dogs four (4) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. For purposes of this Chapter and the license tax, the term "kennel" shall also include "multiple dog permit." 4 F-\ * * * * Sec. 5-24. Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than tVlO (2) three (3) dogs over four (4) months of age per dwelling shall be unlawful, unless a priv3to kennolliconse multiDle dOQ Dermit has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) I\s of July 1, 1994, 3ny O~.A/nor of more th3n the number of C3ts permitted under subsection (3) Sh311 be ontitled to continue to h3rbor or keep such C3tS, pro'/ided thoy comply \&.'ith tho f.ollo'lling requirements: (1) ^ license for each C3t in ::1 d'A(elling is obt3ined 3S roquired by Divicion 2, "Licenso" of t\rticlo II of this ch3pter '.vithin thirty (30) days of the offecti\'o d3te of this subsection; 3nd (2) /\ licenso shall be obtained 3nd kept in force for o3ch C3t cl3imed under this subsection for 83ch subsoquent ye3r th:]t tho C3t shall rom:];n 3Ii'l0. .^,ny break in maintaining :1 v31id license f{)r :1ny cat sh311 oxtinguish any right of such o'.\'ner to cl3im the benof~t of thic cubsection. (c) 1\& of October 11 t 1997, :Joy O!A'ner of more than tho number of dogs permitted under cubsection (a) sh:lIl be entitlod to continuo to harbor or koep up to throo (3) dOgE, pro'.'ided they comply '.\'ith the follo'A'ing requiroments: (1) ^ license for o:Jch dog in :1 d'llelling is obtained 3S required by di'.'ision 2, "License" of article II of this ch3ptor by Janu3ry 31 t 1998; and (2) !\ liconse Sh311 be obtainod :1nd kept in force for e3ch dog cl3imed under thic subsection for o\~ery cubsoquent ye3r th3t tho dog Sh311 remain 3live. .'\ny break in maint3ining :3 v31id licenso for any dog Sh311 oxtinguish any right of cuch o·JJnor to claim the benofit of this subsection. (3) Upon the de3th or othor dicposition of 3ny dog in oxcess of the number pormitted undor subsection (3), tho o':.~nor shall bo requirod to bo in compli3nce 'Nith the applic3ble limit3tion. 3. That this ordinance shall be in full force and effect from and after its adoption. 5 F-Q County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date received: Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 776-7155 Application fee: PC/BZA date: Placards issued: BOS date: Case Number Check type of application filed (check all that apply) o Rezoning M. Special Use 0 Variance o Waiver 0 Administrative Appeal Applicants name/address w/zip Church of the HOly Spirit CINTACT: Edwarq A. Nat t, Esq. 31QO Cha arral Dr. Ste.200, Roanoke 2Q018 Phone: Work: Cell #: Fax No.: 725-8180 77Q-0961 Owner's name/address w/zip Church of the Holy Spirit <INTACT: Edward A. Natt, Phone #: Work: Fax No. #: 725-8180 77Q-0961 Property Location Magisterial District: Cave Sri 6011 JVerr ¡man Road Community Planning area: Cave Tax Map No.: 087.17-06-11.02 Existing Zoning: R1S Existing Land Use: Proposed Zoning: R15 Proposed Land Use: Church Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VariancelWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RfSfW V/AA RlSIW V/AA RIS/W V/AA ~ Consultation gji 8 1/2" x 11" concept plan ~ Application fee Application Metes and bounds description X Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Ci:RQI ~. THE lDL'!...aSPIRJT . . ~~...il~~\ð;:>.. 01u Owner's Signature .~ 2 f~~ JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant CHURCH OF THE HOLY SPIRIT The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The Church presently occupies the property and utilizes it pursuant to a Special Use Permit granted in 1994 (Ordinance No. 32294-8). The growth of the Churc~ has utilized the full sp"ace within the present facility. Because of the anticipated future growth of the Church, the Church would like to expand its present facility in order to carry on its various ministries and missions. The expansion of the Church on the property is feasible and is in accordance with the Ordinance as churches are a permitted use, with a Special Exception, in the present zoning category. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The project conforms to the General Guidelines and Policies contained in the Roanoke County Community Plan by locating a church facility within the present zoning and land use designation. The property is a large parcel of land and the proposed expansion will require very minimal encroachments from the existing use upon the remainder of the property. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The proposed project will have no negative impact on any of the public facilities described herein. The property is already located for a church and this will merely be an expansion. \ \JOLL y\SYS\USERS\CBaumgardner\Holy Spirit\Zoning\JUSTI FICA TI ON .doc ç:-à PROFFERS Address of Subiect Property: 6011 Merriman Road Tax Map No.: 087.17 -06-11.02 ApplicantJOwner Name: Church of the Holy Spirit PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The parking plan and the development plan shall be in substantial conformity with the Site Plan prepared by Balzer and Associates, Inc.. under date of April 18, 2005. 2. The Merriman Road entrance will be the only access to the site. ApplicantJOwner: CHURCH OF THE HOLY SPIRIT BY t]u ~.O Cn C\~ I '~ ~ F: \US ERS\CBaumgardn er\Ho ly Spirit\ZDn ing\PROFFERS .dDC LEGAL DESCRIPTION Address of Subiect Property: 601' 1 Merriman Road Tax Mac No.: 087.17-06-11.02 Applicant/Owner Name: Church of the Holy Spirit Parcel I: New Tract A containing 15.247 acres as shown on the plat recorded in Plat Book 24, page 159. Parcell' : 0.097 acre on the northwesterly side of Cartwright Drive as shown on the plat of survey attached to the Deed recorded in Deed Book 1441, page 1161 and also as shown, but with no metes and bounds given, on the plat recorded in Plat Book 24, page 159. BEING the same properties conveyed to John Domalski, Brett Roach and Charles Tull, Trustees of Church of the Holy Spirit by The Terumah Foundation, Inc. by Deed dated August 28, 2003 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia as Instrument No. 200322110. r--~ F-~ ~Iilllhll' J I I I ~ Iii 181 !III MIIIIIIIIII! 'YINID::ßI\ .J..1N1OO 3)IONWCI:I .1OII:U.BIJ EINI:IdS 3t\'t'O Wid JEllSBVi ~ wJds ^PH 9l.Ø 10 lpJnLK) Ii i i .II! tilth I ~ ¡i-r-d ~z~ K II éi~ I.; I=!I ~ ~ i ! Ids,. ~¡. ~ ;. .~ ¡~II ~ s- I:! ~=~; t I ; ~I !_ Ii n Ii ~ 8 - I §! II fl~.. II.. ~ .. !nl;~ I p b: : ~ i lii51~n III n . ,Is. iilll .....oda a III ~ . .- 1-- j ~ ------ \~ ~ ~ ~. 5(~ ~. ~ Church of the Holy Spirit ~ \- ...A 1)( ~'- ( I( ~ :, )I ð J..... ~ ~ ~ Q; -~ Zoning >.. ). x,," x"\. X x'\. _.AG3 X.T )(/ _EP _AG1 :J.\. )o['\, x x..... AR XJ- 'l' _AV ß( L¿(X C1 fX IX X 'Xx ~ .C2 ~ ------- . C2CVOO --- .1 -- j 12 ~ .PCD PRD _PTD Lo~ ~~~> Rt t.q~ R2 Dl.tv R3 R4 ~ \ Applicants Name: Church of the Holly Spirit - Existing Zoning: R1S Roanoke County Proposed Zoning: R1 S Department of Tax Map Number: 87.17-6-11.02 Community Development Magisterial District: Cave Spring Area: 15.24 Acres May 31, 2005 Scale: 1" = 200' ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: 6011 Merriman Road Tax Map No.: 087.17-06-11.02 Applicant/Owner's Name: Church of the Holy Spirit ADJOINING PROPERTY OWNERS ~-~ This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: COUNTY OF ROANOKE' Official Tax Number I Property Address Owner's Name and Mailing Address 086.20-01-01.00 5971 Cartwrjght Drive Larry J. and Glendora L. Raplee 5971 Cartwright Drive Roanoke,VA 24018 086.20-01-02.00 5963 Barbara Circle Wendell T. & Ramona Torrez Wray 5963 Barbara Circle Roanoke,VA 24018 086.20-01-03.00 5959 Barbara Circle Susan S. Smith 5959 Barbara Circle Roanoke,VA 24018 086.20-01-08.00 5957 Barbara Circle Western Virginia Water Authority 2012 S. Jefferson Street, Suite 200 Roanoke,VA 24014 086.20-01-10.00 5915 Cartwright Drive Joseph A. and Sandra C. Quesenberry 5915 Cartwright Drive Roanoke,VA 24018 086.20-01-12.00 5905 Cartwright Drive Joseph A. and Sandra C. Quesenberry 5915 Cartwright Drive Roanoke,VA 24018 \ \JOll y\SYS\US ERS\CBaumgardner\Holy Spirit\Zoning\S PU APO .doc Page 1 of 3 COUNTY OF ROANOKE Official Tax Number / Property Address Owners Name and Mailing Address 086.20-01-13.00 5910 Cartwright Drive Larry W. Wheeling 5910 Cartwright Drive Roanoke,VA 24018 086.20-01-42.00 6000 Cartwright Drive Glynn W. and Donna Walker Angle 6000 Cartwright Drive Roanoke,VA 24018 086.20-02..Q6.00 5922 Garner Road Everette E., Jr. and Mina U. Manning 5922 Garner Road Roanoke,VA 24018 087.17 -04-14.00 6007 Marsh Wren Lane David N. and Shannon S. Dunstan 6007 Marsh Wren Lane Roanoke, VA 24018 087.17 -05-07.00 6034 Woodcock Circle Larry T. and Thelma Simpson 6034 Woodcock Circle Roanoke,VA 24018 087.17 -05-08.00 6030 Woodcock Circle Richard D., Jr. and Hunter B. Woodyard 6030 Woodcock Circle Roanoke, VA 24018 087.17 -05-16.00 6030 Merriman Road Jan Suzette Millehan 6030 Merriman Road Roanoke, VA 24018 087.17 -06-09.00 5967 Merriman Road Daniel N. Costello 5200 Crystal Creek Drive Roanoke,VA 24018 087.17 -06-10.00 6020 Cartwright Drive Western Virginia Water Authority 2012 S. Jefferson Street, Suite 200 Roanoke, VA 24014 087.17 -06-11.03 o Crystal Creek Drive Frederick Elwood Taylor, Jr. 967 Breckinridge Mill Road Fincastle, VA 24090 \\JOLL y\SY S\USERS\CBaumgardner\Holy Spirit\Zoning\SPU APO .doc t-~ Page 2 of 3 Official Tax Number I Property Address Owner's Name and Mailing Address 087.17 -06-12.00 o Merriman Road Frederick Elwood Taylor, Jr. 967 Breckinridge Mill Road Fincastle, VA 24090 Official Tax Number I Property Address Owner's Name and Mailína Address 096.02-01-46.05 5485 Crystal Creek Drive T. Howard Beasley III 5462 Lakedale Road Roanoke,VA 24018 097.01-02-01.00 5559 Lowland Lane James E. and Betty L. Wilson 5559 Lowland Lane Roanoke, VA 24018 097.01-02-03.00 5528 Lowland Lane George Richard and Wanda C. Janosko 3814 Winding Way Road Roanoke, VA 24015 \ \JOll Y\SYS\USERS\CBaumgardner\Holy Spirit\Zoning\SPU APO.doc ~-~ Page 3 of 3 - ACTION NO. ITEM NO. G -\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 First reading of an ordinance authorizing the conveyance of an easement to Roanoke Gas Company through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of natural gas service to the Mason's Crest Subdivision, Cave Spring Magisterial District AGENDA ITEM: SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism APPROVED BY: ) Dan O'Donnell ~ Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~ a~~~\\\.. ~'.' ~.'\~.'. í\~ \\)~ t}~ .~~ \ "",-+ÿ SUMMARY OF INFORMATION: Roanoke Gas Company is requesting that the Board of Supervisors convey the following easement for the purpose of extending natural gas service across property owned by the County at Merriman/Starkey Park to the previously approved Mason's Crest subdivision currently under construction by Radford Homes: A new 10' wide gas line easement containing 7,359 sq. ft. across property owned by the County at Merriman/Starkey Park and designated as Tax Map No. 97.01-02-13. Staff has met on site and has approved the easement location as identified on the attached plat. In addition, the Roanoke Gas Company has reviewed this proposal and has indicated that it will accept this conveyance for purposes of this development. Staff has determined the fair market value of this easement is $1,917.75 based on the standard formula of 40% of assessed value of the land requested (7,359 sq. ft.). 6-/ FISCAL IMPACT: The fair market value of this easement is $1,917.75. These funds will be placed in the Parks and Recreation capital maintenance fund to be used for improvements at Merriman/Starkey Park. AL TERNATIVES: 1. Authorize the conveyance of an easement to Roanoke Gas Company for the purpose of the extension of natural gas service across property owned by the County at Merriman/Starkey Park and appropriate payment of $1,917.75 to the Parks and Recreation capital maintenance fund. STAFF RECOMMENDATION: Staff recommends Alternative 1; authorize the conveyance of an easement to Roanoke Gas Company for the purpose of the extension of natural gas service across property owned by the County at Merriman/Starkey Park and appropriate payment of $1,917.75 to the Parks and Recreation capital maintenance fund. 2 ... G-¡ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28, 2005 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO THE ROANOKE GAS COMPANY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF NATURAL GAS SERVICE FOR THE DEVELOPMENT OF THE MASON'S CREST PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, Roanoke Gas Company has requested the conveyance of an easement across this property to provide for the extension of natural gas service for the development of the Mason's Crest Project by Radford Homes; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on June 28, 2005; and the second reading was held on July 12, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Roanoke Gas Company for the extension of natural gas service for the development of the Mason's Crest project by Radford Homes. . . G-- 2. That conveyance to the Roanoke Gas Company of a gas line easement as shown and described as '·New 10' Gas Line Easement" (7,359 sq. ft.) on a plat entitled "Plat showing New 10' Gas Line Easement being granted by Roanoke County Board of Supervisors to Roanoke Gas Company... Situated on Tax #97.01-2-13 (DB 1123, PG. 531) Cave Spring Magisterial District" prepared by Lumsden Associates, P. C., dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1,917.75 as fair market value compensation for this easement and that this sum is appropriated to the Parks and Recreation Capital Maintenance Fund. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as .may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. 2 , , \~ \, \\ ~\ TAX #97.01-02-13 -& ~ ~,\ \ \ PROPERTY OF ~c: ú\ '% ~A \ '. .. ROANOKE COUNTY BOARD ~~~~ \Ø..\Ø~ \\ .~.~ \ \ OF SUPERVISORS ~~-~ ~\\ \ \ D. B. 1123. PG. 531 ...0 ~ 9,. ~9! (R~E; co. PUBliC SfRWCE AUTHORITY) ~ \ -z- ... '.~ \ \ . /7.29/ AC. G9 ~ ~~- "'... ...~__ \ \ ___ G8 I Y? .%..~. ~ T\ ------]- -£ -~-\\------ II \' \ EX. 50' EAST Æ~;Em - ~I CENTERLINE OF NEW 10' \ \ \ NATURAL GAS co. EASEMENT G7 GASLINE EASEMENT " ... ... lD.B. 772, PG. 457 l·/ UNf 4-''&Q ~ NEW 10' H I 7~ GASIJNE. GI-G2 ~cf~ EASEMENT ~I G2-GJ · . . . 1·1 GJ-G4 . 20' WA 1ERLlNE tG6'- G4-GS ~ EASEMENT 'e!I GS-CfJ (9'!'" {p.~ G5 \ :=: ~ ",\~ "\\ CENltRUNE Œ--\ G8-G9 '^ ~ \ ~ NE..W '0' GASUNE &~~.~ ~I'A~ ;() . ,,~ ~À ~ EASEMENTS G4 --<f> tP~;p~ .. ~ \. ~ I ~~~ ~À \ ~\... '\.::" G2 GJ . ~ \P -,I- ~ \fl "- ~ OA~ lp~ ~. G1 .¡Ò .p" .p.;. ~ ,~ . $81'02'37 ~;.~ 1å6.65(71£ ro6f1l1ERlJtŒ Ÿf OF CASEIIENTS) ~ MAN ItO AD ~ }AERR/~ V AR1ES) ~ tR \~ PLA T SHOWING NEW ~ 10' GASLINE EASEMENT ~ BEING GRANÆD BY ROANOI(E COUNTY BOARD OF SUPERVISORS TO ROANOKE GAS COMPANY AND A NEW 10' CA TV EASEMENT BEING GRANÆD BY ROANOKE COUNTY BOARD OF SUPERVISORS TO COX COMMUNICATIONS SITUAÆO ON TAX #97.01-02-13 (O.B. 1123, PG. 531) CA VE: SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY_ VIRGINIA . ... ",,>,, 1£ EX. 20' ~~Ë.~ de 5.5.£ , :: e!!' 15. PG. 1 1,. ~. .............. .. -- ....'" ., '\' TAX~-02-/7~ \ \ '\ '\ JEFFREY A. &: MARJORIE K.~ CRAIGHEAD ~ D.B. 1498, PG. "~\ \ TAX /9Z01-02-11 ROANOKE COUNTY BOARD OF SUPERVISORS D.B. 16J4, pc. 1852 P.B. 22, PG. 97 \ TAX /97.01-02-12 STARKEY PROPERnE5, LLC "PLASl1CS ONE" INSmUMENT /200401547 P.B. 22, PG. 97 UNf G'-G2 G2-GJ GJ-Gf 6f-G5 G5-Ct LEGEND: CA TV CABLE TELEVISION R/W RIGHT-OF-WA Y D.B. DEED BOOK P.B. PLA T BOOK PG. PAGE NOTES: I. THIS PLA T WAS,PREPAREO mTHOUT THE BENERT OF A CURRENT nTLE REPORT AND mERE MAY EXIST EASEMENTS THAT ARE NOT SHOWN HEREON. 2. THE INÆNT OF THIS PLA T IS TO CREA Œ A NEW 70" GASLlNE EASEMENT AND A NEW 10' CABLE TELEVISION EASEMENT ACROSS TAX 19~01-02-1J. J. THIS PLAT DOES NOT CONSnTUTE A BOUNDARY SURVEY. 4. NO PHYSICAL IMPROVEMENTS ARE SHOWN FOR CLARITY PURPOSES. 5. FOR MERRIMAN ROAD RlGHT-OF-WA Y TAKING SEE D.B. 1006, PG. 261. 6. THE NEW 10' GASLlNE: EASEMENT AND THE NEW 10' CABLE TELfWSION EASEMENT SHO~ HEREON O'ÆRLAP EACH OTHER FROM CENTERLINE POINTS GI 11IROUGH G5, INCLUSJ'Æ, O\£R AN AREA OF J.096 5.F. DA TE, LUMSDEN ASSOCIATES, P,C. E NG 1 N E ERS-SU R VE Y ORS-PLAN N ERS ROANOKE, VIRGINIA June 7, 2005 SCALE: 1" = 200' COMM. NO.: 03-164 4664 BRAMOLETON AVENUE P.O. BOX. 20669 ROANOKE, VÞRGINIA 24018 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPC.COM Exhibit A .,~ ..~ ~ ~ Vj I ~ i!:~ ~f!: ~ ~a ~~~ ~~Q 0:S~ :C:Q.. ~~ i5~ ~~ Š @ A= 24 ·28'00· R= 19J4.86 T= 419.51 L= 826.2J BRG. S J"58'J4· E CHD. BI9.~~ ~~ ............~ CI :~ ~~ C1 -ª 0 PCO POLE E; . J49-2006 NEW 10' CATV EASEMENT ACTION NO. ITEM NO. G- -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: First reading of an ordinance authorizing the conveyance of an easement to Cox Communications through property owned by the Roanoke County Board of Supervisors at Merriman/Starkey Park to provide for the extension of cable television, internet, and telephone service for the benefit of Cox Communications and the Mason's Crest Subdivision, Cave Spring Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism ) Dan O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: "\ ~N\~~ ~\?~~\ ~-lXY\t~-~) SUMMARY OF INFORMATION: Cox Communications is requesting that the Board of Supervisors convey the following easement for the purpose of extending cable television, internet, and telephone service across property owned by the County at Merriman/Starkey Park to the previously approved Mason's Crest subdivision currently under construction by Radford Homes: A new 10' wide CATV easement containing 3,936 sq. ft. across property owned by the County at Merriman/Starkey Park and designated as Tax Map No. 97.01-02-13. Staff has met on site and has approved the easement location as identified on the attached plat. In addition, the Cox Communications has reviewed this proposal and has indicated that it will accept this conveyance for purposes of this development. G--~ Staff, utilizing the Roanoke County standard formula of 400/0 of assessed value of the easement requested (3,936 sq. ft.), has determined the fair market value of this easement is $1 ,025.72. FISCAL IMPACT: The fair market value of this easement is 1,025.72. These funds will be placed in the Parks and Recreation capital maintenance fund to be used for improvements at Merriman/Starkey Park. AL TERNATIVES: 1. Authorize the conveyance of an easement for the purpose of the extension of cable television, internet and telephone service across property owned by the County at Merriman/Starkey Park for the benefit of Cox Communications and appropriate fair market value payment of $1,025.72 to the Parks and Recreation capital maintenance fund. STAFF RECOMMENDATION: Staff recommends Alternative 1 ; authorize the conveyance of an easement for the purpose of the extension of cable television, internet, and telephone service across property owned by the County at Merriman/Starkey Park for the benefit of Cox Communications and appropriate fair market value payment of $1,025.72 to the Parks and Recreation capital maintenance fund. 2 , . G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28, 2005 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO COX COMMUNICATIONS ROANOKE THROUGH PROPERTY OWNED BYTHE ROANOKE COUNTY BOARD OF SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF CATV SERVICE FOR THE DEVELOPMENT OF THE MASON'S CREST PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, Cox Communications Roanoke has requested the conveyance of an easement across this property to provide for the extension of CATV service for the development of the Mason's Crest Project by Radford Homes; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on June 28, 2005; and the second reading was held on July 12, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Cox Communications Roanoke for the extension of CATV service for the development of the Mason's Crest project by Radford Homes. · ~..' . G--~ 2. That conveyance to Cox Communications Roanoke of a CATV easement as shown and described as ". . . New 10' CATV Easement" (3,936 sq. ft.) on a plat entitled "Plat showing . . . New 1 0' CATV Easement being granted by Roanoke County Board of Supervisors to Cox Communications Situated on Tax #97.01-2-13 (DB 1123, PG. 531) Cave Spring Magisterial District" prepared by Lumsden Associates, P. C., dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1,025.72 as fair market value compensation for this easement and that this sum is appropriated to the Parks and Recreation Capital Maintenance Fund. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. 2 \~ \, \\ ~\ TAX #97.01-02-13 e :ö v.~ \ '\ \ \ PROPERTY OF ~ ~ "'% Ý'~ .. .. ROANOKE COUNTY BOARD ..p~A~ ¡P.¡P.;,. " ·~'À \ \ OF SUPERVISORS '0~~ ~ ~~~ \ \ D.E. 1123. PG, 531 .(Ò ~ '*' ~c;;¡¡ (R~~ CO. PUBUC SERWCE AUTHORITY) ,~ \ ~ ,,'.~ \ \ . 17.291 AC. G9 '1'.A~ ~~. "" "~__ \ \ ___ G8 I V? .~_~ ~. Tr ------- - CENTERLINE OF NE- 10' \ \- "\ \- - ~o~ ;A~~m -J~I " \ \ NA TURAL GAS CO. EASEMEN r G7 GASLINE EASEMENT "S..~"" "':\... lD.B. 772, ;~;5~O' Ii UN£ , '7~ GASIJNE. GI-G2 ~v"~ EASEMENT P 02-OJ · . . '·1 GJ-G4 . 20' WA 1ERLlNE ~ COO ~~ ~ ~~mr ~ ~. :=: a>>r{P., ~ G5 tl 01-(J8 ~ .'\~ CENIFRUNE (.f"-t GB-G9 .& ~ \ ~ NE.W 10' GA5UNE ct~. e-I'^~ ...0 . '- ~ '((À~ASEMENTS G4 -'<1> ~.l>;PQo · · ~ \. '\. , ~":'1'.l>.L\ ~ \ ~" ~" G2 GJ ·1 "0QV~ ~ ~~,,, ~ OA ~ '?u': ~. G1 .¡Ò ~, ·r,;. ~ ~~ ~ .\.\ 581"02'37 c~~ --5' 6287' '1';-. ~ 186.6 (Uf 10 CÊN1ERUNf =-f .. : OF EASEIIEN1S) t!\ · . AN ROAD ~. I) 1AERR/~ V ¡..RIES) ~ ~R \~ PLA T SHOWING NEW ç~ 10' GASLINE EASEMENT ~ BEING GRANÆO BY ROANOKE COUNTY BOARD OF SUPERVISORS TO ROANOKE GAS COMPANY AND A NEW 1 0 CA TV EASEMENT BEING GRANÆD BY ROANOKE COUNTY BOARD OF SUPERVISORS TO COX COMMUNICATIONS SITUAÆO ON TAX #97.01-02-13 (O.B. 1123, PG. 531) CA V£ SPRING MAGISTERIAL DISTRICT ROANOIŒ COUNTY, VIRGINIA ...,~ .~ ~EX. 20' ·~)E.~ _ ct 5.5.£ , - - l!!. t 5, PG. , t,. ~. ............... .. -- .....'" ., '" TAX~-02-::17.~ \ \ '\ '\ JEFFREY A. & MARJORIE K.~ CRAIGHEAD :\ 0.8. 1498, PG. "~ \ , TAX 19l01-02-11 ROANOKE: COUNTY 80ARD OF SUPERWSORS 0.8. 1634, PG. 1852 P.8. 22, PC. 97 \ TAX #97.01-02-12 STARKEY PROPERnES, LLC "PLASllCS ONE" INSTRUMENT #200401547 P.8. 22, PC. 97 f//Þf//Þ UNé Of-G2 G2-(]J GJ-Gf. G4-GS G5-CI LEGEND: CA TV CA8LE TELE\I1SION R/W RIGHT-OF-WA Y 0.8. DEED BOOK P.B. PLA T BOOK PG. PAGE NOÆS: ,. THIS PLAT WAS,PREPARED æmOUT THE BENEFIT OF A CURRENT n1l.E REPORT AND THERE MA Y EXIST EASEMENTS THA T ARE NOT SHO~ HEREON. 2. THE INÆNT OF THIS PLAr IS TO CREA Tf A NEW 10' 'GASLINE EASEMENT AND A NEW 10' CABLE Æl£\IISlON EASEMENT ACROSS TAX 91.01-02-1J. J. THIS PLA T DOES NOT CONSnTUTf A BOUNDARY SUR\.£~ 4. NO PHYSICAL IMPRO'ÆMENTS ARE SHOWN FOR CLARJrr PURPOSES. 5. FOR MERRIMAN ROAD RIGHr-OF- WA Y TAKING SEE D.B. ,oa6. PGr 261. 6. THE NEW to' CASLlNE EASEMENT AND mE NEW to' CABt.E lELEVlSION EASEMENT SHOWN HEREON O'ÆRLAP EACH OTHER FROM CEN1tRLlNE POINTS GI mROUGH G5, INCLUSJVf, O\£R AN AREA OF J,096 S.F. DATEz LUMSDEN ASSOCIATES, P,C. ENG I NEERS-SUR V EYORS-PLANNERS ROANOI(E, VIRGINIA June 7,2005 SCALE: 1" = 200' COMM. NO.: 03-164 4664 BRNv1BliTON AVENUE P.O. BOX 10669 ROANOKE, VIRCINIA 24018 PHONE: t540) 774-4411 FAX~ (540) 772-9445 E-MAIL~MAIL@LUMSDENPC.COM Exhibit A ,=- ..~ ~ ~ I ~ ¡;~ ~§ ~o ~~~ ~~~ ~~~ ~~ [5~ ~~ ~ @ A= 24L8'00" R= '934.86 T= 419.51 L= 826.2J BRG. S J"58'34" E CHD. 8'9.~~ <:~ CI :~ ~ t;J~ C1 ðO peo POLE E; IJ49-2006 NEW 10' CATV EASEMENT ACTION NO. ITEM NO.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Second reading of an ordinance amending and repealing sections of Chapter 18. Sewers and Sewage Disposal and of Chapter 22. Water of the Roanoke County Code SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~WN~~, {l ~~~~'\}.~ ',\, \'~"'\..) ~\ Q) 1)' . t( \~-, (\ . f ,. . . - ,,-, \ . '- SUMMARY OF INFORMATION: The creation of the Western Virginia Water Authority (WVWA) transferred many of the duties and responsibilities for the regulation of public sewer and water systems from the County to WVWA. This transfer of responsibility and authority rendered numerous provisions of the County Code unnecessary. This proposed ordinance amends and/or repeals many provisions in Chapter 18. Sewers and Sewer Disposal and Chapter 22. Water of the Roanoke County Code. These amendments have been reviewed by staff and counsel for the WVWA. Their suggestions and recommendations have been incorporated into the revised draft ordinance. The following sections are recommended for repeal or amendment. A brief explanation in support of this recommendation follows the various Code sections: 1. §18-2 requires "adequate sanitary facilities" for carnivals, circuses and similar exhibitions. This section is redundant and is more specifically addressed under the Roanoke County zoning ordinance. Under the zoning ordinance Uoutdoor gatherings" include a special use permit requirement as well as additional design and use standards (see §30-87-3) including a detailed plan to address sanitation facilities, public safety requirements, traffic, parking, lighting, etc. 1 H- 2. §§ 18-3, 18-31 through 18-33. These sections refer to the County's manual of regulations and policies entitled "Design and Construction Standards for Sanitary Sewer Facilities, "and inspections. These requirements are now the duties and responsibilities of the WVW A. 3. §§ 18-61 through 18-67. These standards for private sewage disposal systems have been supplanted by State Health Department regulations. It is recommended that §§ 18-62 and 18-63, which deal with the creation or expansion of new water systems, §§ 18-63.1, which deals with the procedures and fees for the issuance of septic tank permits, and 18-64, which requires a mandatory hookup to public or private sewer within 300 feet be retained. § 18-64 is amended to make reference to the Board's concurrence in WVWA's mandatory connection policy under § 15.2-5137. The Board adopted a resolution of concurrence for this policy on December 7, 2004. 4. §§ 18-91 through 18-102 deal with the specifications for septic tank systems. These provisions have been supplanted by State Health Department regulations. 5. §§ 18-131 through 18-135. These sections deal with pit privies. These provisions have been supplanted by State Health Department regulations. 6. §§ 18-151 through 18-176 impose sewer use standards. The County was obliged to adopt these sewer use standards by the Commonwealth of Virginia Department of Environmental Quality, and the City of Roanoke in order for the County be able to use the regional sewage treatment plan. It is necessary to maintain these sewer use standards in order to provide legal authority to pursue criminal penalties for violators of these sewer use standards; however, certain provisions should be amended to reference WVWA, and the provisions with respect to charges and fees should be repealed since that is now the responsibility of WVWA. Various definitions in § 18-151 should be amended to insert WVWA into the definition of the "control authority" and to substitute WVWA for "county," when it is appropriate based upon the context and meaning. The amendments clarify that the "Utility Director" is an official of the WVWA. 7. § 18-168 Schedule of charges, § 18-169 Adjustment of charges, § 18-170 Billing and payment of charges are recommended to be repealed since these are more the responsibilities of the WVWA. 8. §§ 18-172 Authority to disconnect service and 18-173 Notice of Violation are recommended to be amended to delete the referen"ce to the County and insert WVWA. These are now the responsibilities of the WVWA. 9. § 22-1 is recommended for repeal since the provIsions dealing with water impoundments and dam safety are now included in the State Code. 2 \-i- - I Several amendments to § 22-2 Definitions are recommended to clarify that the Utility Director is an official of the WVWA. 10. § 22-3 which references the utility director is recommended for repeal since that position no longer exists in the County. 11. § 22-5 is recommended for repeal since it is addressed in the Countyts subdivision ordinance. 12. § 22-6 Reduction of rates is recommended for repeal since this is now the responsibility of WVWA. 13. §§ 22-31 through 22-41 are recommended for repeal since this now the responsibility of WVWA. 14. § 22-71 is recommended to be retained in the County Code since it addresses mandatory connections to the water system. It is recommended that § 22-71 be amended to make reference to the concurring resolution adopted by the Board on December 7t 2004, concerning the WVWA's mandatory connection policy. It is recommended that § 22-72 be retained in the County Code since it provides for criminal penalties for defacing or injury water system property. 15. §§ 22-73 through 22-88 are recommended for repeal since these sections address water rates, collection of unpaid bills, liens for water and sewer charges, etc. These are responsibilities of the Water Authority. 16. §§ 22-200 through 22-206 are recommended for repeal. These sections address water supply emergencies. This is now the responsibility of WVWA. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this ordinance. Adopting this ordinance will have the effect of cleaning up the Roanoke County Code by eliminating unnecessary provisions. The Board may want to consider amending §§ 18-64 and 22-71 in order to make them more consistent in their approach to mandatory sewer and water connections. § 18-64 requires connection to sewer if the building is within 300 feet of the sewer line. § 22-71 requires a water connection to buildings on lots less than 40,000 square feet and less than 150 feet road frontage if the water line is at the lot line or in a street or easement adjoining the lot line. The Board may want to consider linking mandatory water and sewer connections to Comprehensive Plan designations or zoning classifications. Staff is recommending amending these two sections by incorporating a reference to the Board's resolution adopted on December 7, 2004, which approved the WVWA's mandatory connection policies under § 15.2-5137 of the Code of Virginia. 3 H-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28,2005 ORDINANCE AMENDING AND REPEALING SECTIONS OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL AND OF CHAPTER 22. WA TER OF THE ROANOKE COUNTY CODE WHEREAS, the creation of the Western Virginia Water Authority (WVWA) transferred many of the duties and responsibilities for the regulation of public sewer and water systems from the County to WVWA; and WHEREAS, this transfer of responsibility and authority rendered numerous provisions of the County Code unnecessary; therefore, this ordinance amends and repeals many provisions in Chapter 18. Sewers and Sewer Disposal and Chapter 22. Water of the Roanoke County Code; and WHEREAS, the first reading of this ordinance was held on June 14, 2005; and the second reading was held on June 28, 2005. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of Chapter 18. Sewers and Sewage Disposal of the County Code are hereby amended and/or repealed as follows: ARTICLE I. IN GENERAL * * * * Sec. 18 2. S3nit3ry facilities for circusos, ShOt/IS, exhibitions, etc. No porson sh311 be pormitted to exhibit in tho county 3ny side sho'.-" dog 3nd pony sho'.,', tr:Jined 3nim31 sho\4', carni'J31, circus 3nd men3gerio or any other sho'.." exhibition or perform3nce similar thereto until such person Sh311 h3',/O pro'.'idod adequ3te s3nital)' facilitios for tho personnel of the sho\-.', mooting v.'ith the 3ppro''/31 of the county hoalth officer. The sheriff is heroby 3uthorizod not to pormit tho perform3nce of any of the sho't.'s abo\'o referred to in tho county until 3fter a certific3to from tho county health officor, sho'h'ing th3t the 3bo'/e requirements h3'/O been complied v:ith, has been sccured. 1 H-1 Sec. 18 3. I\doption of m3nu31 of regul3tion& 3nd policies. The b03rd of supor\'isors of the county ::ldopts :1 manu31 of regulations and policios entitled "Design 3nd Construction Standards for Sanital)' Se\A:er Facilities" to onsure uniform dosign 3nd construction stand3rds and to ~ssist tho county 3nd the public in the clarification of re'lio\A/, construction, ~nd inspoction of sanit3ry so':.'or facilities. ,^,RTICLE II. SE\^JER CONSTRUCTION Sec. 18 31. Compli3nce ,.,'ith article; interprot3tion of pl3ns, specific3tions, etc. /\11 ':Iork under this articlo Sh311 be done in 3ccordance '.\'ith plans 3nd spocific3tions on file in the offico of tho department of engineering 3nd inspections. !\ny questions, doubt or misunderstanding of the pl3ns, profiles or specific3tions shall be interpretod 3nd docided by the utility diroctor, 3nd his docision shall in 311 cases be fin31. In order to OffoctU3tO the pro'lisions of this chaptor, the b03rd of Euper\'isors sh::lIl, by resolution, 3dopt :3 m3nu:31 of rogulations and policies ontitled "Design 3nd Construction Standards for Sanitary SO\A.'er F3cilities." \A.'hich Sh311 h3ve the force of 13'H. This m~nu31 sh::tll includo. inter 31i3, st3ndards for the implement3tion of the \'arious sections of this ch3pter 3nd may include other policies, criteri~, st3ndards 3nd regulations to implement the provisions of tho se\\'er 3nd 68'.\(3ge disposal ordinanco. Nothing cont3ined heroin shall prs)/ont tho board from considering and adopting amendments to such m3nual at 3ny timo it is deemed 3ppropri3te. Soc. 18 32. Inspections. Tho utility director or his duly 3uthorized represontatj'los Sh311 inspoct 311 "Iork ::Jnd mat8ri31s nocess31)' for tho complotion of tho '".'ark under contr3ct and the contractor Sh311 furnish him 3nd his inspectors '1lith all needod f3cilities for tho carl)'ing out of such inspection. Sec. 18 33. Contr3ctor responsible for s3fety of public. Tho contr3ctor shall b03r full responsibility for saf-ety of the public in c3rrying out his \4.'ork 3nd sh311 pro'/ido 311 s::lfoguards 3nd lights necoss3ry. 2 H-1 ARTICLE III. PRIVATE SEWAGE DISPOSAL SYSTEMS* DIVISION 1. GENERALLY Sec. 18 61. Definitions. For the purposes of this 3rticle, tho follo\-,ing 'fJordE 3nd phrases shall ha'le the meanings rOEpectÎ'.,/oly ascribed to thorn by this soction: An approved method of disposal of human excroment: (3) /\ flush toilet installed according to the county Plumbing Code and connected to an appro'/od, properly inst::lIlod septic tank system. (b) .^.. st3ndard pit privy of concrete or doublo '.'lood construction. Health department. The county h031th officer or his duly 3uthorized roprOEont3tivre, the s3nit3tion officer or plumbing inspector. Install, rop3ir, approv6d 3nd standard. In accordanco 'A'ith the spocific3tions 3nd standards established 'A'ithin this article. * * * * Sec. 18-64. Connections to public or private sewers; compliance with article; inspection of septic tank systems; when permits under article become null and void. It shall be unlawful for any septic tank system to be installed or repaired in the county except upon a permit as required in this article. If a public or private sewer is within three hundred (300) feet of the buildings for which the septic tank is to be installed or repaired, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, the owner shall be required to connect to the public or private sewer, if the owner of the latter and the elevation permits such connection. No septic tank system shall be installed or repaired in this county except upon such permit as required in this article. All materials used shall strictly comply with all of the specifications required by this article. No septic tank system or any part thereof shall be covered until it has been inspected and approved as complying with the approved plans of the health department. The health department shall not approve the installation of a septic tank system unless so installed, nor permit it to be covered up unless it complies with the 3 H-1 plans and specifications as set forth in this article. All permits automatically become null and void six (6) months after date of issue unless they are renewed in writing by the health department. Sec. 18 66. Misuse or negloct of systoms prohibited. It shall be unla~:¡ful for 3ny o~."'ner or any tenant or lessee of any premises properly supplied 'A'ith a sanit3r)' pri'.'y or flush toilet or other 3pprovod dO'/ice for the dispOS31 of hum3n excrement to misuse or noglect tho sarno, so 3S to 3110\-1 or cause it to coase to bo sanit3ry. Soc. 18 67. /\pproval of subdi'/ision systems. It Sh311 be unla\~¡ful for :Jny person to st3rt any ne\~.' subdi\'ision or housing de'Jelopment before furnishing in triplicate plans and specific3tions of the se\4.(er system or se~\'age dispOS31 system to be used together ':.'ith plans for tho anticip3ted '.vater system to be used in the structure or structures. These plans 3nd specifications sh311 be appro\'sd by the he:::llth department before construction is started. * * * * DI\'ISION 2. SPECIFIC.'\ TIONS FOR SEPTIC T.'\NK SYSTEMS Soc. 18 91. Generally. /\11 septic tanks inst311ed or repaired in this county Sh311 consist of :) cast iron soil pipe, transito pipe or Or3ngoburg pipe, an 3ppro'/od coptic t3nk, appro'led concreto or '/itrified Cl3Y pipe distributing se'.ver& 3nd dr3in tile &OOp3g0 system, conEisting of the materi31s specified in this di'/ision, and constructed and locatod as roquirod by tho pl3ns 3nd spocifications ~s sho\&¡n on or 3ccompanying the permit, 3nd 3& directed by the he31th dopartment. Sec. 18 92. Exc3'/3tions. All exc3\(3tions 3nd trenches shall be of sufficient dimensionE 3S to permit se'I.'ers, t3nks 3nd other structures of the size sho\&¡n, specified to be properly pl3cod therein, 4 H-1 according to tho pl3ns 3nd specifications 3S required by this 3rticle, 3nd to pormit the romo'.'31 of 3ny obstructing m3terial \A,'ithin the purification field or trees located closer th3n ten (10) foot to 3ny p3rt of tho septic tank systom. Soc. 18 93. Procedure \A,'hon unsuitable foundation oncountored. '.^./hore unsuitable foundation is encountorod at tho depth of :Jny exc3'.'ation shO'lln on the dr:J'IJing or spocified by the health department, f.urther oxca'J3tion and refilling of excavated spots ',-,'ith such f.oundation m:1torial as may bo directod by tho hoalth department, is hereby required. Sec. 18 94. Inspection; backfilling. l~, represontati'le of the health departmont Sh311 inspect septic tank construction after completion. Septic tank systoms shall be backfillod immediately after inspection and appro',,'31 by the health dop3rtment and care shall be taken not to disturb the pipes, grados, joints or alignment by backfilling, or othorwise. Soc. 18 95. Pipes and jointing materi3ls; grade of houso se'I,~er pipes. Tho houso se'Ner for individual homes shall be constructed of four inch or larger cast iron pipo, transite pipe, Or:1ngeburg pipe or equi',,~alent. l\1I houso SO'Ner pipes sh311 be 13id complete '.vith all jointing m3teri31s and oakum as required in joints of concrote or '¡itrified Cl3Y pipe if sarno is a p3rt of :1 SQ'Ner line. ,^,II house s8'"Aler C3st iron pipe shall be jointed '1lith le3d 3nd o3kum or similar jointing m:ttorial. /\11 houso so',\'or pipo shall be laid 3ccur::ltoly 3nd sh::lll h3'Je a gr3de of not loss than one fourth inch to the foot, or 36 othor\-,ise 6pocifiod by the h031th dopartment and all right anglo bends in tho house sevy'sr shall bo made '.-/ith long s'.f,(OOP soil pipe oils. Soc. 18 96. Loc3tion; lot size. Loc3tion 3nd inst311:1tion of the se~:.~3ge disposal system and each part thereof sh:111 bs such th3t, '.,a.'ith reasonablo mainten:1nce, it '.vill function in :1 S3nit3r)' m3nner 3nd ':,,'ill not cre3te a nuisance nor ondanger the s3f.oty of 3ny domestic ~:l3ter supply. In detormining 5 H-1 a suit3ble location for the sYEtom, consider3tionshall be gi\'on to tho size :lnd Sh3pO of tho lot, slope of n3tur31 3nd finished gr3de, depth of ground '¡,,'::Iter table, proximity to existing or future V.(3tor supplies 3nd possiblo exp3nsion of tho system. No part of tho se'.\'or othor th3n iron pipe 'A'ith le3ded joints, the septic t3nk or the soepago lines shall be locatod so th3t it is n03ror to 3ny 'J¡'ator supply th3n fifty (50) feet or so that dr3inage of tho system may r03ch any domestic '13ter supply. The lot size sh311 bo sufficient to permit propor location, install3tion and opor3tion. Sec. 18 97. Type and composition of system. (a) Typo of system shall bo determined on a basis of loc3tion, permeability and ground 'I,,'ater 10'.'01. (b) The system shall be dosigned to receÏ',,'o 311 sanit3ry Se)../3ge from the dv,,~elling. (c) Footing or roof drainage shall not enter 3ny part of the septic tank system. (d) The se',,&.(398 disposal system sh::lll consist of a house Se\4/er 3nd ::1 septic t::1nk system not closer th3n fi'le (5) foet outside of foundation 'Nail. (0) The septic tank system Sh311 consist of a septic tank v,,'ith effluent discharging into a subsurf3ce disposal field, or into sand filter trenches. E'Jor)1 septic t3nk sh311 be provided 'Nith ::1 distribution box. Soc. 18 98. Design generally. Design of the septic tank Sh311 be roctangul3r in shape 3nd tho length Eh311 not be less than h&Jice nor more th3n three times tho ':.'idth. The liquid depth Sh311 be not less th3n four (4) feet 3nd the froe ba3rd or airsp3co shall nat bo IOCE th3n ono foot. Soc. 18 99. Liquid cap3city. Liquid capacity of all soptic t3nks Sh311 be basad upon the number of potenti31 bedrooms in the building sorved 3nd Ch311 conform to Table I, herein sho'J.'n: T,^,BLE I C!\P,^,CITY OF SEPTIC T,'\NK T/\BLE INSET: 6 H-1 No 3dditional building may be connected to any oxisting septic tank v.'ithout securing a septic tank permit. Sec. 18 100. Construction genor3l1y. Construction of tho t3nk sh311 bo such 38 to 3ssuro its being 'll3tortight 3nd pro'.'ont tho entr3nco of r3in '.V3tor or surf3ce dr3in3ge. (a) The t3nk Eh311 be constructed of sound and durable matori31 not subjoct to excossi'¡e corrosion or dec3Y. (b) Adequate 3CCOSS to each compartment of the t3nk, for inspection and sludge remo\(al, sh311 be pro'lided by manholes or romo'.'3ble co'/erE. (c) Inlet and outlot connoctionE shall be submerged or b3ff1ed 3S requirod by the health dop3rtmont to assure tho loast posEible disturb3nce in the tank. 7 H-1 (1) Tho inlet pipe Sh311 be 1\·.'0 (2) inches higher than tha outlet and baffle Sh311 oxtend approximatoly six (6) inches bolo'...' 3nd six (6) inches above tha 'IJatar surface, and tho outlet shall extend 3pproximatoly M'O (2) foot belo'!.' 3nd six (6) inches abo\'8 the 'A'ater surf3CO. (2) S3tisfactory '.'enting of the t3nk Sh311 bo pro'/ided through tho inlat 3nd main building st:lck. Tho outlet shall be similarly vented to pro\'ide proper \'ontil:¡tion of tho disposal fiold or soepago pits back into the soptic t3nk and thence through tho m3in building st3ck. (d) Septic tank shall be poured in pl3ce concrete, or precast concrate, or properly c03ted metal, except as permitted by the health department. (1) Concrete septic tanks, if pourod in place, Sh311 be poured 'I.'ith concrete mixture of 1 2 3 or 1 2 '1 mix, that is ono p3rt cemont, t\-.(O p3rtS sand and three or four parts gra\'ol, so 3S to produce a donse 3nd plastic concreto. \,\'hero tho excavation is subjoct to c3ving, or \~.'here the \·.(ator table is objectionably high, outside forms and pumping \·,ill be required in order to 3ssure a 'I.'atertight tank. The '9\'3118, top 3nd bottom of tank aro to be not loss than four (1) inches thick 3S sho'Nn on plans. Top and manhole co\'or shall be reinforcod ':/ith steel, as sho!!.'n on plans. (2) Procast concroto tanks shall be of size as st3ted on permit, and m3de v.'ith 1 2 3 mixture, that is ono part cement, M'O parts s3nd :1nd throe P3rts gr:3\'el. Tho 'A'all shall not be loss than three (3) inches in thickness. The prec3st tank m3Y be made in t'I/O (2) sections or more 'IJith :3 horizontal half 13p joint, cement grouted. The bottom, or top, and portion of the side ':/alls shall bo pourod monolithicly. (3) If permittod by the health dop3rtmont, but not recommended, septic t3nks of brick or cinder block m3Y be constructed and shall be located '.'ith saf<)ty in rel3tion to \\(3ter supplies; 3nd pro'Jided further, th3t they conform in detail to t3nkc of concrete pourod in placo; and further. th3t tho bricks or cinder blockc Sh311 be 13id in :1 \4/0rkm3nlike m3nner, \·.'ith cemont mort3r, 3nd tho inside pl3stered \·,ith one inch of cement mortar, o\'or 'Nhich a coat of 'A'3terproofing ch311 be 3pplied and t3nks 3nd fields located on 10J!.'or side or ten foet from building. (e) The follo'Ning requirements shall apply to the Gubsurface dispOS31 field: 8 H-1 (1) For tho location of the disposal field, the dist3nco gi'.'en Sh311 bo the minimum 'A'hich the disposal field C3n be located from the follo'.\'ing: 3. ,^,ny ~:.'3ter supply (except 3S noted belo'N) . . . 50 feot b. Streams... 25 feet c. D\A.'ollings . . . 10 feet d. Troes . . . 10 f{)et e. Property lines. . . 3 feet It is rocommonded that seepage pipe be in 3n unobstructed 3nd unsh3ded 3rea. I\ny exception to the 3bo'lo dist3nces Sh311 ha'/o the 'I¡ritten consent of tho he31th department. Note: \^Jhen existing ':Jells 3re in'.'ol'/ed or exceptionally coarse soil formations are encountered, the fifty (50) feet dist3nco from 3ny v.'ater supply sh311 be incre3sed 3nd the ditches shall bo deoper 38 spocified by the ho:)lth dop3rtmont. (2) .^- distribution box of sufficient size to 3ccommodate tho necess:),,' fiold lator:)I lines sh311 be inst:)lIed 3t tho h03d of e3ch dispOS31 field. 3. E3ch field k3teral line Sh311 be connected sep3ratoly to tho distribution box and shall not bo subdi'lidod. b. Tho in\'ert of all outlots shall bo le'/ol 3nd the inlet sh311 be at le3st one (1) inch 3bove the outlets. c. The 18)/01 of tho outlet in\~erts Sh311 be four (4) inches 3bo'.'e the floor. (3) Minimum seop3ge 3re3, tot:! I flat 3re3 bottom of trenches, of tho dispOS31 field Sh311 be determined by one of the follo':Jing methods. 3. Results of actu31 percol3tion test conducted on the site 3S detormined by and undor Euper\'ision of tho he31th dopartmont. b. Recommend3tion of the he31th dep3rtment b3sod upon experionce d3t3 or percol3tion tost, in '.'hich case requirements sh:J1I be statod on a b3sis of squ3re feet of 3bsorpti'/e are:] per potonti:!1 bedroom r3thor than line31 feot of tile. (4) Construction of dispos31 trenches in filled ground Sh311 not be permitted except ':Jhen 3cceptablo to tho he31th departmont. Construction Sh311 be in 3ccord3nce 'I.'ith recommend3tions of the hS31th dopartment. 9 H-1 3. ,^JI trenchos in :3 disposal fiold ch311 bo tho S3mo '.'idth 3nd longth or squ3ro f.oot3ge equalized in 93ch trench under seop3ge pipe, 3nd the follo'A'ing st3nd3rds shall be required: 1. Minimum number of lines por field, three (3). 2. M3ximum length of individu31 lines, one hundrod (100) feet if gra'Jity fed; two hundrod tv.'enty fi'/o (225) f{)et if automatic siphon is utilizod. 3. Minimum bottom 'I.'idth of tronch, t\A,enty four (24) inchos. t1. M3ximum depth of co\'er of tile linec, thirty (30) inches. 5. Proferred depth of co\'or of tile lines, sixteen (16) inches. 6. Grados of seepago lines, 1\\'0 (2) inches to four ('1) inches per one hundred (100) foot or throe eighths ( 3/8) inch to Ì\\'sl'/o and one h31f (12 1/2) feet. 7. Spacing of trenches, 3t least six (6) feet ap3rt. 8. Minimum coarso filter m3teri31 under tile, eight (8) inchos. 9. Minimum fine filter m3terial beside pipe, four (4) inches. 10. Filter materi31 o\'er pipe only ~..,hen 3nd 3S ordored by the health dep3rtment. 11. In no C3S0 shall loss than four hundrod (400) square feet of filtration matori31 under seop3go pipe bo inst3l1od. b. Pipe used for the lino ben·/oen the septic tank 3nd distribution box, under p3'led areas 3nd on 311 main 13terals from distribution box in fields constructed on sloping ground, shall be bell and spigot type of ~litrified cl3Y or concreto \\'ith \A'3tertight joints. Pipo used under driv8'N3YS or other 3re3S subjoct to h03'/Y loads shall be bell 3nd spigot C3st iron '¡lith I03dod joints. Such soctions 13id in the dispOE31 field shall not be considered in determining the affectivo 3bsorption 3rao, 3nd filter m3terial ch311 not be in ditchos for foeder pipes from distributing box unless permitted by he31th dop3rtmont. c. Field tile used in the dispOS31 field Sh311 be not loss th3n four (1) incheE in di3motor and shall be laid \A.'ith one fourth ( 1/4) inch open joints. 1. ,^,II open joints sh:J1I be protectod on top by strips of 3sph31t tro3ted building p3per at I03st ton (10) inchos long and three (3) inches 'IIide. 2. All bends in the dispOS31 field Sh311 bo ".':lter tight joints at upper end of o3ch bond. d. Filter m3teri31 sh::lll be crushed stono, 9r3'.'el, 8139, screoned cinder or simil3r m3terial h3ving sufficient ~.'oids 3nd sh:J1I be 3ccept3ble to tho he31th dop3rtment. 10 H-1 1. Such m3torial m3Y v3ry from one fourth ( 1/4) to Ì\4.'O and ona h31f (2 1/2) inches in size under seep3ge pipe and shall be approximately one fourth inch besido seep3go ~ 2. Stone, gr3\'ol 3nd Sl39 Sh311 be froe of dust, sand or CI3Y, and the cinder Sh311 be free of 3shes or excossively fine material. 3. Material used on top of tho tilo sh311 be sufficiently fine or shall bo gr3ded so 3S to prohibit filtering of b3Ckfill materi31 into the tile lines. 4. The filter materi31 Sh311 be le\'el 'I:ith top of the seepage pipe. 8. Grado boards, securely st3ked in the bottom of the trench sh311 be pro'Jided for 311 lines excopt \A/hore boll spigot pipe is used. The gr3de b03rds sh311 be n:Jiled to st3kes in centor of tho trench, 3S sho'/In on tho pl3ns, or grade st3kes :Jt inter\'3ls of not less th3n six 3nd one f{)urth (6 1/1) f.oot. Tho gr3de b03rds are to be gi'len ::1 gr3de of three eighths ( 3/8) inch to t\A/OI'lO and one half (12 1/2) root. Soc. 18 101. Fin31 inspection. The health department shall bo notified '.-.'ithin oight (8) hours 3fter complotion of :3 septic tank disposal system and the distribution box Sh311 be filled v.'ith '.'ater ::1nd ::1 container ':.'ith additional ".'ater shall bo pro\'idod tor inspector to make tests. Sec. 18 102. S::1nd filtor trench. Use of sand filter trenches in lieu of subEurface disposal trenchos shall bo permitted only 'A'hon topography '.4.'ill permit surf3ce disch3rge of filtered affluent 3nd '.\'hen tho surbce disch3rge of tho effluent is E3tisf3ctory to the he31th dop3rtment. .^, distribution box shall be required 'Nhere s:lnd filtor trenches :Ire used. The design of the s3nd filter tronchos shall be in accord3nce v.'ith the recommend3tion of the health dopartment but in no case shall the dopth of the filter s:lnd be less th3n M(Onty four (24) inchos. 11 H-1 DI\'ISION 3. PIT PRIVIES Soc. 18 131. Compli3nco '1lith he31th department pl:3ns and specific3tions. It shall be unl:3'.¥ful for any person to inst311 3 pit pri'JY in the county except in accord::lnce 'Nith tho plans and specifications of tho health department, 'A'hich Sh311 bo furnished by the same upon 3pplication. Soc. 18 132. V~ults. E\'ory pri'l:lte sanit31)' pri\'y or toilet shall cont:3in :1 v3ult 'A'ithout a bottom and shall be at 103st throe (3) foot six (6) inches '.\'ide by f{)ur (1) foot long 3nd fi\'o (5) feet high, inside measurements, constructed of one inch sound lumber, or concreto four (4) inches thick, or brick e\~enly jointod together '..lith mortar, \A,hich 'I3ult sh311 be sunk in the ground to ::1 depth of f{)ur (1) feet, the long 'f:w'ay of tho top of the \~::lult being from front to rear of the houso to be placed Q',,'or it. If built of lumber, it Sh311 be onc3sed 3round tho top outer odge '.'ith 2" )( 8" timber sot on edgo 3nd n:JUDd to the \'::lult. Tho dirt taken from tho exca~.'3tion on 'I.'hich tho '.'3ult is Eunk shall be o'.'enly mounted 3round tho top of the \~ault. Sec. 18 133. Flooring. The house cO'IDring the '.'3ult sh::111 be pl:1cod on :1 ftoor, 'fJ/hich floor Sh311 be the exact size of tho outside of the '¡'::lull, including tho timber f3stened 3round the top, 3nd in ':.'hich floor shall be :3 rectangular opening t'.vDnty six (26) inches long from front to roar and sixteen (16) inches \A,ido, tho re3r end of the roctangul3r opening to begin four (4) inchos from tho outside of the re3r of '.'3ult. Tho floor Sh311 be m3do of a Sl3b of proporly reinforcod pre cast concroto, not 1088 than WlO 3nd ono h31f (2 1/2) inches thick, or reinforced concreto poured in pI3CO, not lesE th:1n four (4) incheE thick or of doublo 'wA.'ood construction '.A.'ith ::1 subfloor of Ì\\'O inch timber running across the short '..lay of the vault to and o'/en v.'ith its outor edge, 3nd cO'Jored 3cross the long v/ay to 3nd e~Jen '1lith its outer edge ':.'ith sound, seasoned tongue 3nd groo'lo flooring. 12 H-1 Sec. 18 134. Seat box 3nd hole. Tho outside m03surements of tho coat box shall bo in 'J.'idth ::1nd longth tho size of the inside opening in the floor, 3nd constructed of tongue ::1nd groO'J8 planks, ',,'ith tongue up and sh311 oxtend through tho floor an inch belo'.\' tho bottom of the floor, supported on the floor by strips not loss th3n 1" )( 2", securoly nailed to the seat box on 311 sidos ::1t tho levol of the top of the floor. The top of tho seat box shall be m3de of sound, seasoned tongue 3nd greo\'o lumber, and shall cont3in a holo 12" x 10", length\A.~ise of tho seat; tho hole shall begin t\A.'O 3nd ono half (2 1/2) inchos from the outside front of the box, \-,hich hole sh311 be covored by ::1 lightly framed solf closing lid \A,ith t'NO (2) hinges at the re3r; the top shall 3150 ha\(o ::1 \'ent hole four (4) inches squ3ro cut h-.'e (2) inches from tho eutsido ::1t the back 3nd center of the se:!t box, \-¡hich hole Sh311 be coverod 'IIith 16 mesh copper 'I.'ire. Thoro shall be ::1 2" x -1" timber placed 3cross soat box to support tho top tv.'o (2) inches to tho roar of tho s8at halo. Soc. 18 135. Houso. The soat box, "3ult and floor sh::lIl bo cot/orad by ::1 house built of upright boards or other suitable materi31s securely nailed to 2" x 4" timbers. The house shall be pro\,'ided 'JJith ::1 leak proof roof. ARTICLE IV. SEWER USE STANDARDS· Sec. 18-151. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: · . . . Control authority for purposes of this article only shall mean the county administrator or his duly authorized ropresont3ti\'e. Western Virginia Water Authority (WVWA). · . . . Plant means the City of Roanoke Western Virginia Water Authority Regional Sewage Treatment Plant. · . . . 13 H-1 P. o. T. W means a publicly owned treatment works; a "treatment works" as defined by Section 212 of the Act (33 U.S.C. Section 1292) which is owned by the county WVWA. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the county or control authority. * * * * User charge means the charge made to those persons who discharge normal wastewater into the county's WVWA's sewage system. This charge shall include a proportionate share of any capital improvements to the system (capital costs). * * * * Utility director means that official of the Western Virginia Water Authority that is authorized to enforce its water and sewer rules and regulations, and the provisions of the sewer use standards. * * * * Sec. 18-153. Prohibited discharges generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biological activity in the plant resulting in interference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Antifreeze from vehicle servicing operations. Discharge of glycols must be approved. (2) Fluoride other than that contained in the public water supply greater than twelve (12) mg/I. (3) Benezene, toluene, ethyl benzene and xylene (BTEX) greater than five (5) mg/I. 14 H-1 (4) Pollutants which create a fire or explosive hazard in the P.O.T.W., including, but not limited to, wastestreams with a closedcup flash point of less than one hundred forty (140) degrees Fahrenheit sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21. (5) Strong acid or concentrated plating solutions, whether neutralized or not. (6) Fats, wax, grease or oils, from restaurants or other facilities as deemed necessary by the county WVWA, whether emulsified or not, in excess of 100 mg/I or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0° and 65° Centigrade). (7) Total petroleum hydrocarbons in excess of 200 mg/I. (8) Obnoxious, toxic or poisonous solids, liquids, or gases, vapors, or fumes in quantities sufficient to violate the provisions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.0, or greater than 12.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. (10) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste and odor producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (11 ) Antimony and beryllium greater than 1.0 mg/1. (12) Hazardous wastes. (13) Trucked or hauled pollutants, except at discharge points designated by the control authority. Companies that truck or haul pollutants to the county WVWA sanitary sewer are subject to inspections of their facilities including but not limited to offices, garages, and buildings used to house the trucks. (14) Trucked or hauled industrial wastewater, without prior approval and not meeting all local limits, with the exception that wastewater pumped from restaurant grease traps may only be trucked or hauled and discharged only at a designated area at the wastewater treatment plan. (15) Wastes pumped from oil/water separators. 15 H-1 (16) After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (c) Prohibited toxic materials include, but are not limited to: (1) Herbicides. (2) Fungicides. (3) Pesticides. * * * * Sec. 18-156.2. Determination by utility director. (a) The utility director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with respect to the actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. (b) A determination with respect to an actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following: (1) "Category I defects" are defined as: a. Direct connections (inflow) to the public sewer of sump pumps (including overflows), holes in floor drains, downspouts, foundation drains, and other direct sources of inflow (including but not limited to visible evidence of ground/surface water entering drains through doors or cracks in floors and walls) as noted during field inspections by the county utility departmont. WVWA. b. Failure to allow or complete required inspection(s) to determine compliance. (2) Category II defects are defined as leaking or sheared laterals or any other sources of infiltration as noted during field inspections by the R03noke County Utility Dop~rtment. WVWA. (3) Category III defects are considered to be potential or minor defects that do not adversely affect the sanitary sewer system at the present time. 16 H-1 (c) The utility director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of section 18-156 of this Code. This notice shall describe the nature of the violation, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection. (a) For structures or property with actual or potential discharge, considered to be a Category I defect, the sewer user, property owner or other responsible person shall be given six (6) months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the utility director, or his designee, within six (6) months from the date of the notice provided in section 18- 156.2(c), then the county WVWA shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of one hundred dollars ($100.00) per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the county WVWA shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of two hundred (200) gallons per day, the utility director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential discharge, considered to be a Category II defect, the sewer user, property owner or other responsible person shall be given six (6) months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed 17 H-1 and approved by the utility director, or his designee, within six (6) months from the date of the notice provided in section 18-156.2(c), then the county WVWA shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of fifty dollars ($50.00) per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the county WVWA shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of two hundred (200) gallons per day, the utility director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with actual or potential discharge considered to be a Category III defect, the sewer user, property owner or other responsible person shall be notified of the results of the inspection. Repairs of these defects will be considered voluntary at this time. Properties with Category III defects will continue to be monitored and if the utility director, or his designee determine that the condition changes, the responsible person shall be so notified. Sec. 18 156.5. Appe3ls. (3) Any se\yor user, property o~..'ner, or responsible person m3Y appoal a determination of the utility director or his dosignee by submitting a notice of 3ppeal to the county 3dministr3tor '.vithin fourtoon (11) d3YS from the roceipt of the 'l.'ritton notico ac provided in soction 18 156.2(c). (b) Tho county 3dministr3tor shall conduct a h03ring on this 3ppeal 't.'ithin f{)urtoen (14) d3YS of tho receipt of this notico of apPo31. The county 3dministr3tor shall render :3 decision '..lith fivo (5) business d3YS of the d3te of tho h03ring. (c) The notice of 3ppeal Sh311 state tho technic:)l grounds 3nd objections for the :)ppe31. .^,t the h03ring tho county administrator shall hear 3nd in'/8stigato 3ny objection th3t m3Y be r3isod 3nd take such action 3S may be 3ppropri3to under tho f3ctS 3nd circumstances ost3blished. 18 H-1 (d) Tho SO\A.'er user, proper1}' o~".'nor, or other responsible person m3Y appeal the decision of the county administr3tor to tho Roanoko County Board of Suporvisors by submitting to the clerk of the board :1 \A.'ritten notico of apPo31 \A,ithin fourteon (11) days of the receipt of the county 3dministrator's \vritten decision. This notice of appeal shall state the grounds for tho appo31. (e) In 311 other respects the substanti'.(e and procedural requirements for this appoal shall comply \4.'ith tho pro'.'isions of section 15.2 1245, at soq. of tho Stato Code. * * * * Sec. 18-163. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at such other frequency as may be required by the control authority, to the county control authority, on forms supplied by the county control authority, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the county WVWA or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the county WVWA not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total qU3ntitios of 'J.'astes to bo measured 3nd certified by tho person so discharging shall bo established by tho control :1uthori~' and sh311, as a minimum, include: (1 ) Liquid in gallons. (2) Fi\'o d3Y BOD in pounds. (3) Suspended solids in poundc, on 3 dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjold3hl nitrogen in pounds. (6) COD in pounds. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. 19 H-1 (c) In order to provide for accurate sampling and measurement of industrial wastes, each person discharging Group A wastewater, or other regulated wastewater if deemed necessary by the control authority shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line, where feasible. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the county. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the county. In order to meet the intent of this chapter, and to minimize disruption of developed property, all non-residential users or facilities shall be required to install a sampling chamber on its outlet sewer for all new facilities, remodeling of existing facilities, change in use, or upon the control authority detecting any violation of this article. (d) Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the industrial plant may be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. (e) Composite samples shall consist of samples taken at least every hour for the time period required by the facility's permit using flow proportional or timed composite sample collection methods. Such samples shall be properly refrigerated. For oil and grease, pH, phenols, cyanide, volatile toxic organic and other appropriate pollutants, property grab sampling shall be performed. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. (f) Minimum requirements for representative quantities under this section shall include reevaluation during each twelve-month period. The determination of representative quantities shall include not less than seven (7) consecutive days of twenty-four (24) hour composite samplings, taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling 20 H-1 chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the county. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the county for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the county for approval. (h) All owners of facilities governed by this section shall also comply with any applicable monitoring requirements and regulations established by the control authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12, as amended, which is incorporated by reference herein, as amended including, without limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12(c), (d), (i), and (I). All records shall be retained for a minimum of three (3) years and this retention period shall be extended during litigation or upon request of the control authority. (j) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of Sec. 18-166. Charges generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs. When a permit application for industrial waste is approved, tho county or its 3uthorized roproEont::1ti'/o control authority shall issue a permit stating: (3) Tho the terms of acceptance by the county control authority. i--8AG (b) The basis of payment. 21 H-1 Sec. 18-167. User charges and added costs. (a) If the volume or character of the waste to be treated by the plant meets the requirements of other provisions of this article and does not cause overloading of the sewage collection, treatment or disposal facilities of tho county, the control authority shall require that the discharger pay a charge to be determined from the schedule of charges which shall include capital costs. (b) If a proposed discharge of waste is responsible for exceeding the existing capacity of the wastewater treatment facilities and the wastewater treatment plant must be upgraded, expanded or enlarged in order to treat the wastewater, the control authority shall require that the discharger pay in full all added costs which shall include capital costs the county WVWA may incur due to acceptance of the wastewater. (c) The schedule of charges pursuant to subsection (a) of this section shall include, but not be limited to: (1) Capital costs, including debt retirement and interest on debt, of the county's WVWA's cost on all capital outlays for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) Operation and maintenance costs (capitalized), including but not limited to, salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Sec. 18 168. Schodule of ch3rges. (3) Per~on~ disch3rging 'A'3ste'~lator sh311 P3Y :1 ch:3rge to co'.'or the capit:11 cost and tho cost of collection and trO:3tment of :311 't.(:3ste\\'3tor discharged. (1) ^II Class I users disch3rging norm:11 \\'3sto'tJ3ter or Group B ':I:1ste\A'3ter Sh311 P3Y :3 usar ch3rge computod upon cost per '¡clume of '.(aste'll~tor discharged. (2) ,A,II Class II users disch3rging Group ,A, \Aw':)ste'.4,'ater sh311 h3'/e their user chargo computed upon :1 cost per unit \'olume b3sis for the base :Jmount plus tho unit cost of treatment for 311 over tho b3se amount for volume, biochemic:)1 oxygen dom3nd (BOD), suspended solids (58), phosphorus (P) 3nd tot31 Kjeld3hl nitrogen (TKN). In computing the cont3min3nt loading, tho parameter concontrations for norm::1I 'J.(3sto'.\(3tor 'Hill be 22 H-1 oonsidered 3S stand3rd strength in determining the base 3mount in tho effluent disch3rge floJ.\'. Initially, the responsibility f.or determining the cont3minant 103ding for e3ch category of establishment ').'ill bo th3t of tho control 3uthority. Ho'.\(o'Jer, e3ch establishment must '/erify its oJ/In cont3minant loading monthly by initi::1ting a s3mpling and an:Jlytic31 program 3t its oJ/.'n oxpense :Jnd 'Nith tho appro\'al of the control 3uthority. (b) Tho unit costs to be usod to computo the chargo for Class I 3nd II usors shall be established by tho appro\/ing authority. The unit costs for 311 users ::lnd the 3I1o'.\'3nCeS for norm::11 't/3stev.'ator for users may be ro\'ised 3S necess3ry to correspond to current oosts and experienco. Re'/isions may be m::1de, no more often th3n onco ::1 year, upon 3ppro\,'al of the control authority. The user charge for users shall be computed 3S foIlO\A/s: CI3SS I Usors: C u - V u )( V d Class II Users: Ca-Vd+VsVc+BsBc+SsSc+PsPc+NsNc ARŒ C u - Charge for CI3ss I users C s - Charge for Class II users \' u - Unit cost of troatmont chargeable to normal '.\f3ste'/J3ter ($/1,000 931.) \' d - '/alums of '.V3ste~/J3ter from norm31 'tJ3ste'A'3ter (1 ,000 g318) V S - Volume of Class II \A/3ste'N3ter (1,000 931s) in oxcess of CI3ss I 'N3stO't.(3ter 'l c - Cost of tro3ting 1,000 g3ls. of Class II ':.{asto'.4l3ter ($/1,000 gal.) B E - Class II 'JJ3ste'Nater BOD contribution in excoss of CI3CE I \A/3ste\A.'3tor limit (Ibe.) B c - Cost of tre3ting CI3EE II BOD contribution ($/Ib.) S s - CI3ss II '.\'a~to'.4l3ter 58 contribution in oxcess of CI3S5 I ':.(3sto\A/3ter limit (lbE.) S C - Cost of tre3ting CI3SS II SS contribution ($/lb.) P E - Class II '.\'3ste':later phosphorus contribution in oxceSE of CI3SS I '.V3sto'I.'3tor limit ~ N s - CI3SS II \A.(3ste''''3ter unoxidizod nitrogen contribution in excess of CI3ss I '/t'3stO'I.~3tor limit (Ibs.) N c - Cost of tro3ting CI3SS II phosphorus contribution ($/Ib.) 23 H-1 (c) Tho follo~:w'ing schedule of b3se ch:lrges 3nd volume ch3rges fur residential, commorci31 and industrial customers of the county Sh311 3pply for EO'A'or ser\'ico. Tho volume ch3rge per one thouE3nd (1 ,000) g3110ns ':,~ill bo b3sed on '.\':ltor used. Tho volume ch3rge is 3dded to tho base ch3rgo to detormine the tot31 so\·,'er bill. SCHEDULE OF BASE CHARGES \'olumo 8360d SE',^lER R.^,TES T/\BLE INSET: 24 H-1 (d) Connection f.oos. The tot:11 sO'/Jer connection f<!o shall consist of costs 3nd considor3tions 3ßßoci3ted 'A'ith (i) :1 b3sic connection foo; (ii) 3n off site f:1cilities fee; (iii) a pump station mainton3nce fee; and (i\') :1n off site 3nd o'Jersizod lino crodit policy: (1) Basic connection roo. Tho b3sic connection foo fur 311 3pplic3ntE i£ to roco\'or the cost of the service connection or £or\'ice t3p. The basic connoction fee shall bo 25 H-1 assessed 311 connectors and the p3yment Sh311 accompany tho 3pplic3tion for connection to the sO'J¡(er system. (2) Off sito f3cilitios foo. The off site f3cilities foo tor all 3pplicants is to rOCO)/er tho cost of all present 3nd futuro capit31 f3cilities and impro\'omonts to the Set/lor system constructod by or on boh31f of the county. Up to ono h31f of the off site f3cilitios foe \A.'ill be subject to the off site 3nd oversized lino credit policy. Tho off site f3cilitieE foe sh311 be 3ssessed 311 connectors and tho paymont shall 3ccompany the 3pplic3tion for connection to an existing or proposed ost3blishmont of:) SO\AJer system. (3) Pump st3tion m3inten3nce foo. The pump st3tion m3intenanco fee is to recover tho additional costs associated '.\'ith county maintonance of a sO'/lago pump st3tion, including but not limited to daily monitoring, electrical expenses, and poriodic repl3cement of pumps and other equipment. The pump station m3inten3nce feo sh311 bo assessod 311 connoctors to be ser\'od by a Se'Jl3ge pump station maintained or to be maintained by the county 3nd tho p3yment shall 3ccomp3ny the 3pplic:3tion for connection to an oxisting or proposed establishment of :) se\A.'er system. (~) Off sito :3nd o\'ersized line credit policy. ^ credit '!,ill be 3l1o'Jlod 3gainst the off site facilities fee for off sito extensions of :3 sey.'er lino in excess of three hundred (300) f.eet and/or inst311ation of line size in excess of minimum line sizo required by the county. For any off site extonsion& in :3 public right of '.-.~ay or easemont adj3cent to the o'l.'ner's/applicant's property, credit '.Jill bo 3I1o'l.'ed 3g3inst the off sito f3cilitie5 tea only for se'IIor line size in excess of tho minimum diametor required by tho county. No credit '.~/ill bo 3110'J¡ed \A¡here a line size gre3ter than the minimum diameter size is required to 3dequ:3tely Earva the oJJ'ner/:3pplic:3nt. Credits Sh311 be limited to :3 m3ximum of Ì\\'enty fi'/o (25) porcont of tho :3mount 3ssessed for the off site facilitios fee and 3re subject to funds being 3ppropri3ted and a'/ailable for credits 'A'ithin tho B8''-Jer off site f3cilities foe fund. Credits ch311 be computed b3sed upon the most recent bids recoi\'ed by the county tor construction of similar SO'h'er facilities. (5) The b03rd of super\Jisors m3Y 3uthorizo the utility director to entor into 3 reimbursoment 3groement 'Nith 3n o'l.'nor/3pplicant for off sito f3cilities 'J.'hich m3Y be required by the county, 3nd ".'hich are not addressed by the off site and o\,,'ersized line credit policy. 26 H-1 (6) The tot:11 connection foe shall be paid as follo)t¡s: w/enty five (25) percent at time of pl3n 3ppro'.~31, se\'enty fi\~e (75) percent (b313nce) upon the earlior of eithor the application for building permit or prior to occup3ncy or se'/Jor use by tho f3Cility. '.^lhon tho off site facilities fee is incre3sed, tho 3pplic3nt m3Y pay the remaining b31ance of the prior fee before the effective d3te of tho "8\4: foo. Thore3fter, the remaining b31anco sh311 bo c31cul3ted on the foo th3t exists 3t the timo tho balanco is paid. (0) Inst3113tion p3yments. I\ny k1ndo).AJner m3Y, at his option, request in ".'riling on forms provided by tho county, to be allo).\'od to make p3yment on the off sito facilitios foo portion of the connection foo, in thirty six (36) monthly inst3l1ments, pro'/idod that: (1) The amount of such foo shall bo increased by Ì\\'enty (20) porcent. (2) The lando\-,ner sh311 exocute a contr3ct 'Nith tho county f{)r 3foresaid inst311mont payment 3 note ovidencing such obligation in ::1 form 3ppro'/od by tho county attorney setting forth tho 3mount and number of payments to be m3de together v/ith other such terms 3nd conditions deemed necess3r)' and appropriate by the parties thoreto. Such contract shall bo recordod in the office of tho clerk of circuit court of the county. (3) The county shall h3vo the right to collect such payments in the sarno m3nner as pro'/ided for collection of SO\AJer ser\'ico charges togother 'Nith other me3ns 38 set out in tho SO\A.(er contr3ct. (4) Such note shall bo paid in full prior to tho tr3n8f.er of title to 3ny 13nd for \AJhich se'tJer ser\'ice \A.(as provided, 3nd if the sarno :ire not p3id in full by the date of tr3nsfer, tho county sh311 h3ve tho right to discontinuo sorvice 3nd romo\'o 311 of its facilitios and roquire p3yment of the full amount of the connoction foes pre'/ailing at that time, as if service h3d never been inst311ed (1) ,^,uthority of b03rd of cuporvisors to '.\'3i'/O connoction fees. (1) The b03rd of supervisors m3Y, by resolution, '^'3i'/0 :1 portion of tho connoction f{)os for se\\(or f3cilities inst311ed under federal or ct3te funded se').(er projocts. Tho portion of the fee that is '/.(3i'/ed sh:ill be indic3tod 3S county fin3ncial p3rticipation in the SO'Jler project. (2) Tho b03rd of supervisors may, by rosolution, 3uthorize all or :1 portion of tho off site f3Cilitios fee to be p3id from tho gonofal fund for those commorci31 or industri31 O~IJnOrS (3pplicants) 'Nhich the board of supervisor€: determinos v.'ould bo in tho best 27 H-1 interest of tho county's economic development 3nd 'A'hich '''j~ould genor3te signific3nt employment. (9) Minimum connection fee. The minimum connoction fee f{)r 3ny connection '.\'ill be that ost3bliEhod for a fi\'o eighths inch '.\'3ter motor. (h) Schedulo of connection fees. Tho total connection fee is tho sum of the b3sic connection fee (\vhich is b3sod upon EO\A/Or servico to ono equi'lalont residential connection or "ERC") plus tho off sito bcilities roo (\Aw'hich is determined by ERC, typo of sorvice and effecti)Jo data), 3S indic3tod in t3blos I and II, 3nd tho pump st3tion maintenance fee, if applic3ble. B:Jsic Connoction Fee: Tho basic connection foe is ona hundred doll3rs ($100.00) 3nd includes county personnal inst311ing the phYEic31 tap to the se~Aler m3in after exc3v3tion by the customer. T3ble Off sito F3cilities Foa TABLE INSET: Table II Tho off site facilities f.oo f.or all other applicants 'Hill bo based on meter sizo 38 follo'lls: TJ\BLE INSET: 28 H-1 Pump st3tion mainten3nco foe: The pump st3tion m3inten3nce fee is fi'le hundred dollars ($500.00) per one equivalent reEidonti31 connection or "ERC" EOr\'od or to be servod by a se'A'ago pump st3tion th3t requires or ".'ill require county m:Jintenanco. (i) The director of fin3nce is authorized to :ldjust utility ch3rges arising from filling sv.'imming pools vlith 'A~3ter 'Nhen such 'I.~3ter is not introduced into tho s3nit3ry se,:.,er system. I\.ny such 3djustment shall bo limitod to once per year, and be f{)r Ee'.\~er ch3rges only. Tho director of financo m3Y promulg3te rogul3tions to implement this 3djustmont procedure. ü) For those customers that 3ro sO':Ior customers only 3nd do not h3ve \~l3ter metorG, S8''-Jar is billed :It an estimated uS3ge of thirty thousand (30,000) g3110ns per month for 29 H-1 commercial customers 3nd eighteon thous3nd (18,000) g3110ns per quarter for residenti31 servico. Such r3tos or charges Sh311 be b3sed on the schedule of ch3rges ost3blished in this ch3ptor. (k) Tho provisions of this section, and the r3tes 3nd roes established heroby, sh311 bo effocti'y'o from 3nd 3fter September 1 , 2002. Sec. 18 169. ^djustment of charges. (3) The county m3Y 3cijust ch3rges at least 3nnu311y to reflect ch3nges in tho ch3r3cteristics of 'A'aste':later b3sod on the results of s3mpling 3nd testing. This adjustment ',.'ill correspond to charges established by the operating 3uthority for the tr03tment plant. (b) Tho county sh311 revis'll :It I03St 3nnually the basis for determining ch3rgos 3nd shall adjust tho unit treatment cost in the formul3 to reflect incro3ses or docreases in '.A/3ste'A'3ter tre3tmont costs based on the provious year's experienco. Soc. 18 170. Billing 3nd p3ymont of charges. (3) Tho county may bill the disch:1rgor by the month or by tho qU3rtor and shall sho'tl '.A.~aste ch3rges 3S :1 sep:1rate item on the regul:1r bill for 'A~ater 3nd se\vor charges. The discharger sh311 P3Y in 3ccordance v.'ith pr3cticos oxisting for p3ymont of SO\A/er charges. (b) In addition to s3nctions pro'Jided for by this 3rticle, tho county is ontitlod to exerciso s3nctionE pro'lidcd for by the other ordin3nces of the county fx{)r failure to P3Y tho bill for ".':lter and sanitary se').'er sOr\'ico \JJhen due. Sec. 18-172. Authority to disconnect service. (a) The county Western Virginia Water Authority reserves the right to terminate water and wastewater disposal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: 30 H-1 (1) Acids or chemicals damaging to sewer lines or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the county Western Virginia Water Authority that the effluent from the wastewater treatment plant is no longer a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the county's Western Virginia Water Authority's system that cannot be sufficiently treated or requires treatment that is not provided by the county Western Virginia Water Authority as normal domestic treatment; or (3) The customer: a. Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; c. Fails to pay bills for water and sanitary sewer services when due; or d. Repeats a discharge of prohibited wastes into public sewers. (4) The permittee has engaged in fraudulent reporting to the control authority or failed to report adequately as required changes in discharge. (b) If the service is disconnected pursuant to subsection (a)(2) of this section, the county Western Virginia Water Authority shall: (1) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his wastes. * * * * 31 H-1 Sec. 18-173. Notice of violations. The county Western Virginia Water Authority shall serve persons discharging in violation of this article with written notice stating the nature of the violation and requiring immediate satisfactory compliance. The control authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a newspaper of general circulation in the Roanoke area a list of persons which were not in compliance with the terms of this article at least once during the twelve (12) previous months. * * * * 2. That the following sections of Chapter 22. Water of the County Code are hereby amended and/or repealed as follows: Soc. 22 1. Existing pro'Jisions continued in off.oct. Nothing in this Code or tho ordin3nco adopting this Coda shall affect the pro'/isions of Ordinance No. 3128, 3dopted on M3Y 3, 1982, ':/hich 3dded chapter 8.3, entitled "\^J3tor Impoundment Safety Code," to the 1971 Roanoke County Code, or any 3mendment thereto; 3nd 311 such proviEions and ordin3nce8 ::Ire hereby recognized 38 continuing in full forco ::Ind effect to the S3me extont as if set out 3t length in this Code. Sec. 22-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: * * * * Dft·octo.... The county utility director or dosign3tod ropresent3tivo. * * * * Utility director means that official of the Western Virginia Water Authority that is authorized to enforce its water and sewer rules and regulations, and the provisions of the sewer use standards. * * * * 32 H-1 Sec. 22 3. Utility director. The utility director Sh311 h3'.'e the gonor31 managoment 3nd control of the '"A,,'3ter \·.(orks and the properties 3pport:lining thereto. The diroctor Sh311 bo rosponsiblo for m3inton3nco of pl3ns ::lnd existing rocords. * * * * Soc. 22 5. /\pplic3bility. This ch3ptor shall not 3pply to any 'A'3tor system serving t'J.'onty fi\'e (25) or 10ES indi'.'iduals or, in the caso of residential consumers, to fiftoen (15) or loss connections 3t tho timo of the 3doption of the ch3pter. Soc. 22 6. Reduction of rates. (3) The fin3nce director is hereby authorized to develop, publish 3nd implement rulos 3nd regul3tions to provido for the reduction of r3tos imposed by the county for the deliv81)' of \A.'3ter service by the county. The reduction of r3tes shall bo b3sed upon demonstrable hardship 3nd inability to pay and sh311 be consistent \A,ith this section. (b) Tho finance diroctor shall, upon 3pplication m3de and \A.'ithin the limits provided in this section, gr3nt a reduction of the \AJ3tor rate for d'IJellings occupied 35 tho Eole dv:olling house of ::1 por&on (utility cu&tomor) holding title or parti31 title thereto or ::1 loasohold interost 'Nho is not lose th3n sixty fi\'o (65) yoars of 390 or totally 3nd perm3nently disablod. lA, d\..'elling unit jointly oil/nod or IO:1sod by :1 husband 3nd v/if.o may qU3Ii~', if either Epouse is o\(or sixty fivo (65) years of 3ge or is pormanently 3nd totally dis3blod. (c) Roductions provided for in thie section shall bo granted only if tho follo':Jing conditions 3ro met: 33 H-1 (1) Th3t the total combined incomo, during the immodi3toly precoding c31end3r ye3r, from 311 sources, of the O\f.'ner or 10Bseo of tho dv:olling 3nd his rol3ti'Jes li'Jing therein did not exceod the 3mounts pro\'ided in section 21 73 of tho Roanoke County Code. (2) Th3t tho O'JlnOr and his spouse or les~aa 3nd spouse did not h:)'lo :) tot::JI combined net '.\'orth, including 311 equit3ble interosts, exceeding tho 3mount provided in section 21 73 of tho R03noko County Code as of December 31 of the immedi3tely proceding calendar year. The amount of net '.vorth specifiod heroin shall not include the valuo of the solo d'Nelling houso 3nd up to ono :::lore of 13nd. (3) That the amount of '.'Jater used is loss th3n nino thousand (9,000) gallons per qU3rter. (d) ,^,ny person granted 3n exemption from tho tax on re31 proporty 3S pro'w'ided for undor Di'lision 3 of /\rticle III of Chapter 21 of the R03noke County Code Sh311 bo granted :1 roduction in ':Iater rates. That any other person sooking :1 reduction of '::ater rates under this section shall utilize the forms and follo\A: the procedures under Di'Jision 3 of ,^,rticle III of Ch:1pter 21 of tho Roanoke County Code, except 3S modified by the fin3nce diroctor. (e) Tho 3mount of the reduction pro\'ided ror in this section is that portion of the 'J:ater rate \A:hich reprosontE 3n incro3se in rates since the fisc:11 YS3r ending Juno 30, 1991, or tho year the porson r03ched age sixty fi\'e (65) Y03rs or bec3me disabled, ':.'hiche\'er is tatef;. (f) Ch3nges in respect to incomo, fin3ncial 'I.'orth, o'llnership or I03sing of property or othor factors occurring during tho ye3r for \A:hich an affid3\'it or application is filed pursu3nt to this soction, and h3'/ing the effact of exceeding or \~ioI3ting tho limit3tions and conditions pro\'idod in this section, Sh311 nullif;' any reduction for tho then current ye3r 3nd the ye3r immedi3tely follo'tJing. (9) ^ ch3nge in ~tlater usage exceeding the limit3tions of this saction shall nulli~J any reduction for the thon current quarterly billing cycle. (h) The utility enterprise fund Sh311 bo roimbursod annually by tho general fund for the amount of r3to reduction in oxcess of thirty thous3nd doll3rs ($30,000.00) under the authority of this soction. 34 H-1 (i) /\n eligible porson (utility customer) applying f.or 3 reduction on or before December 1, 1991, shall utilize tho rate in effxQct June 30, 1991; for 3pplic3tions receÎ'.,'ed after December 1, 1991, the r3te utilized Sh311 be tho rate in effect 3t the time of application. /~,RTICLE II. '.^J^TER SYSTEMS DIVISION 1. GENEFt^,LL Y Sec. 22-31. Expansion and establishment--Approval; connection and conveyance to county. (a) No applicant shall supply water in the county until the water system has been approved by the director. Should any water system be disapproved by the director, written notice of the reasons therefor shall be given to the applicant. If no action is taken within ninety (90) days from the date the application is filed with the county and WVWA, then such application shall be deemed to be approved. (b) (1) Where an applicant has previously established a water system and proposes to expand such system in the county, the applicant shall, prior to approval, agree to either: a. Where an existing supply exists, sell water to the county WVWA for a specified rate; convey to the county WVWA the new system, exclusive of any supply or storage facility together with appurtenant real estate, at no cost to the county WVWA; convey at the cost of construction the expanded supply and storage facility together with the appurtenant real estate and pay a connection fee in accordance with the schedule of current charges for initial water connections; or b. Where a new supply is to be developed, build and convey to the county WVWA at no cost, the complete internal distribution system within the area to be served; convey to the county WVWA at cost all well lots on which are located existing wells utilized in the system, wells or other supply, treatment plant, storage facilities and all appurtenant real estate. The county WVWA shall have the option to participate with the applicant in developing a new supply by paying one-half the cost of drilling, test pumping and chemical analysis, such costs to be reimbursed to the applicant from connection fees if 35 H-1 the supply is determined by the director to be adequate for county WVWA use. The I county WVWA shall pay all costs in developing storage facilities. The applicant shall pay a connection fee in accordance with the schedule of current charges for initial water connections. In either a. or b. above, the applicant shall convey the established water system to the county WVWA if the parties can concur on a fair market value for such system. Should the parties be unable to agree on such value, the county WVWA reserves the right of condemnation of the established water system. c. In lieu of a. and b. above, the applicant may convey, at no cost to the county WVWA, the existing water system, the original supply, and the new water system which will serve the expanded area and pay a connection fee equal to the actual cost of the meters. (2) Where an applicant desires to establish a new water system for areas within the county which are served by the county WVWA or not served at all, the applicant shall, prior to approval, agree to either: a. Extend mains and laterals to connect with the existing county WVWA-owned water system at no expense to the county WVWA and provide sufficient storage for his purposes, which storage facility shall meet state standards; or provide a complete water system to serve the new area, convey the water distribution system within such new area to the county WVWA at no cost, and convey all supply and treatment facilities and other appurtenances to the county WVWA at cost and pay the existing connection fee. b. Construct and convey at no cost to the county WVWA, the water distribution system within the area to be served, convey all supply and treatment facilities and other appurtenances to the county WVWA at cost, and participate with the county WVWA in developing a new well by paying one-half the cost of drilling, test pumping and chemical analysis, such cost to be reimbursed to the applicant from connection fees if the supply is determined by the director to be adequate for county WVWA use, and pay connection fees in accordance with the schedule of current charges for initial water connections. The county WVWA shall pay all costs incurred in developing storage facilities. 36 H-1 c. In lieu of a. and b., the applicant may convey, at no cost to the county WVWA, the new water system which will serve the expanded area and pay a connection fee equal to the actual cost of the meters. The requirements contained in paragraphs (1) and (2) above may be waived by the board. Sec. 22-32. Same--Application; compliance with provisions. Except as hereafter noted, the application for a new water system or for the extension of an existing water system shall be made in writing, shall state in detail the type of water supply, the number, nature and location of connections proposed to be served and shall be accompanied by scale drawings showing location and capacity of pumping stations, treatment plants and storage facilities, and pipe sizes and materials of the proposed water distribution facilities; including mains, valves, fire hydrants and other appurtenances together with such other information as the director may require. It shall be unlawful for any person to begin construction of a water system in a new subdivision or expansion of a water system in an existing subdivision, housing development or complex prior to submission and approval of the plans for the water system therein having been obtained from the director. No new water system or extension of an existing water system in the county serving or being capable of serving three (3) or more living units shall be operated until all provisions of this chapter are complied with by the applicant, except when such system is in an agricultural zone where the total development will consist of less than fifteen (15) units or in residentially zoned areas with lot minimums of forty thousand (40,000) square feet and one hundred fifty (150) feet of road frontage, and the total development will be less than fifteen (15) lots. Soc. 22 33. Same Fees; bond; as built pl3ns. /\11 applic3tions f{)r 3 no'''.' 'N3tor system or 3n extonsion of 3n oxisting 'A'3ter system 38 dofined in section 22 2 of this chaptor shall comply 'I.'ith the follo\A¡ing roquirements: (3) .^,t the time of the filing of plans for appro\~al of a \A¡=:1tor system, the 3pplic3nt Eh~JI pay 3 filing foe 3S est3blished by the b03rd of supervisors. 37 H-1 (b) Tho applic3nt sh:111 furnish to tho b03rd a certified check in tho 3mount of tho estim:1tod cos:t of construction or :3 bond, 'A'ith suroty satisf3ctory to the b03rd, in an 3mount sufficient for and condition:31 upon the construction of such ':I3ter system, or 3 contr3ct for tho construction of such '^~:3ter systom and the contr3ctor's bond, v.'ith like suroty, in like amount and so condition31. (c) Upon completion of tho \AJ3ter system, two (2) sots of as built pl3ns sh311 be furnishod to the director sho\A.'ing sizos 3nd loc3tions of 311 'A'3ter lines, '/31\,'8S 3nd accossories. ^ defect bond 3mounting to ton percont of the cost of construction of tho 'J.'3ter system Sh311 bo provided to cO'/or tho first full ye3r of oper3tion of the \A'3ter system. Sec. 22 34. Minimum stand3rds. The 'I.':lter system Sh311 ha'/e tho follo'A'ing minimum of st3ndards: (3) Pressuro. Tho systom shall m3intain :1 minimum pressure of not less th3n manty fi'JO (25) pounds per squ3re inch 3t all points of doliveF)', \A.'ithout reducing ser\'ice to any other customor belo':1 those requirements. The m3ximum pressure sh311 not exceed eighty (80) pounds per squ3re inch, unless 3uthorizod by the director. (b) Quantity. The '.\~3ter supply shall be cap3ble of pro'/iding ::1 minimum of 0.5 93110n6 por minuto per equivalent residenti31 connoction, in 3ccord3nce ':/ith state regul3tions. (c) Qua/fiy. The v.'ater shall be potable '1later 3nd meet st3te regulations. Soc. 22 35. '.^lolls. '.^lells sh311 moot St3tO and ^meric3n '.'\'ator\AJorks /\SSOci3tion (A'/'.".^l,^" IA.. 100 81) rogul3tions/st3nd3rds oxisting 38 of tho d3tO of '11011 con£truction. In 3ddition to tho state rogulations, tho follo'.\'ing shall 31so bo required: Location of 311 ~:Iells shall bo sho'..,n on a plan of tho '..w'ater system. /\ minimum of t\AJO (2) ':.'olls must be constructed and pl3ced in servico for 311 public ".~3ter supply systemE. Perf{)rm3nCe testing of 'fJells Sh311 be in accord3nce "lith ,A,'A".'\',A, lA, 100 84 St3ndard for 'JV3tcr '.1\'8115, Section 10. Tho step dr3\A.~do'fJn 3nd constant r3t8 tOEt shall bo used to determine tho m3ximum safo yiold f{)r thirty (30) days of continuous use. The forty eight hour pump test requirod by tho st:Jto shall be performed after the 1\'."."1'1 ^ test. The 3CtU31 \A.'ell C3P3City used to determine the 38 H-1 m3ximum equi\'310nt rosidential connoctions shall be tho 10EGor of quantity dotormined by tho .^,'.'V'/'.I.^, stop dr3'J.'do'/.'n/constant rato tost or the forty oight hour state requirement tOEt. All v.'ell pump tests shall bo scheduled '..lith 3nd observed by tho utility director or his design3ted represent:1ti\~o. Soc. 22 36. Stor3go. Stor3ge shall bo in 3ccordanco \a,ith the stato rogul3tions. Storago t3nks shall bo IOC3tod as shoJ:.'n on :1 pl3n of tho systom. Soc. 22 37. Dosign of mains; v:1lvos and hydrants. 1\11 m3ins, '.'al')85 , hydr3nts, fittings and 3ccessories sh311 be designed to \a.'ithstand a norm31 ':Iorking prossure of not less th3n ono hundrod fifty (150) pounds per squ3re inch and Sh311 conform to tho specifications of tho American V\'3tor 'j\lorks /\ssoci3tion, st3te regulations and county specific3tions 3nd standards adopted by the b03rd 3nd in effect at tho timo of 3pprO\'31. Soc. 22 38. Permits for use of hydrants. 1\ permit sh311 be required prior to taking 3ny V.'3ter from :1 firo hydr3nt Q)/.'nod, m3int3ined and sorviced by the county. Tho permit may bo obt3inod at the utility office. Tho feo for such pormit shall be as est3blishod by the board of super\'isors, 3nd o3ch IO:1d sh311 not exceed fi\'o thous3nd gallons. Any \'iol3tion of this section \aJill be grounds f{)r ro'.~oking the permit. Nothing contained in this section shall be construod to require an established fire company to socuro such permit. Sec. 22 39. Install3tion of mains, metors, otc. /\11 installations 3nd m3teri:3IE Eh:J1I be in accordance \a.'ith the /\meric:Jn '.^l3ter \^lorks I^,ssociation spocific3tions, st3tO rogul3tions ::1nd county specific3tionE and stand3rds together \-.'ith 3ny speci31 supplement::1ry instructions issued by the m3nuf3ctur8rE of tho equipmont being inst3l1od. Mains shall be inst3110d \-,ith :3 minimum of throo (3) feet of 03rth cover. Each motor ono inch or loss in size sh::lll be inst:3l1ed in :3 yoke or meter 39 H-1 cottor 'Nith 3 '.'31'/0 :It the supply 3nd disch3rge end, and br3nch pieces for doublo motor settings sh311 be usod \a.,'horover possiblo. Motor boxos sh311 be sot 3t 103st t\a.,'onty four (24) inches doop 3nd Sh311 be le'/ol 'Nith tho top of the finiEhod gr3do. Soc. 22 10. Tosting of ~"/3ter m3inE. All 'N3ter m3in joints, 'lal\'eE 3nd fittings sh311 bo tasted under norm:1I oper3ting ':13tor prossure and allla3ks corrected boforo tho joints, \'al\'oE 3nd fittings 3re co'/ered. If the director determines it is necoss3ry to cover any ~uch m3ins or portions thoroof before such tost, he sh311 prescribe 3n 3cceptable tost v.,'hich Sh311 be m3do by the holder of tho permit_ Disinfection and b3cteriologic31 testing sh311 be in accord3nce ':/ith, state regul3tions. Sec. 22 41. Notice of construction of main. The 3pplic3nt ~h311 notify tho utility office of the proposod inst3113tion of 3ny 'J.,'3ter m3in or f3Cilitios 3t le3st t\venty four (24) hours prior to commoncemont of construction of such main or f3cilities. Division 2. County WVWA Water System * * * * Sec. 22-71_ Connection required. Except as provided below, all occupied buildings located within the county on lots having less than forty thousand (40,000) square feet, less than one hundred fifty foot road frontage where the county WVWA owned water system is at the lot line, or within a street or easement adjoining such lot line, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, shall be connected with such system. The connection fee shall be in accordance with the current schedule of charges for initial water connections_ The owner or tenants occupying such buildings shall use the county owned system for water consumed or used in and about the premises on which such buildings are located_ The provisions of this section shall not apply to occupied buildings located on lots utilizing a water supply in existence at the time this chapter is adopted. 40 H-1 Should the owner of the water system desire to replace such water supply or should he desire to make repairs exceeding twenty-five (25) percent of the replacement cost of the entire water system, such owner shall conform to the requirements of this chapter. * * * * Sec. 22 73. '.^.'3ter short:1ges J\uthority of director. The director is hereby 3uthorized to declare emergoncies in any or 311 3r03S supplied by the county 3ffecting tho uso of 'H3ter during ::1ny poriod in ':.'hich, in his opinion, thero is :1 'J.'3tor shortage. In docl3ring such emergency, the director shall immediately post :1 '¡¡ritten notice of emergency at tho front door of the courthouse 3nd 3t three (3) prominent pl3ces in the affected :1r03S. Soc. 22 74. Same Limitations on use. It shall be unla\vful tor any porson 'A'hose '''later supply is furnishod from a county 0\4,nod or county oper:1ted '."~3ter system, during 3ny docl3rod emergency, to '}l3tor or sprinkle la'Nns, gardens or to use 'A'atar for any purposo not r03son3bly essential to h031th during tho poriod of time for 'Nhich such emergency has been declared. Sec. 22 75. Right of entry of ser\'ice man. Every person occupying 3ny p3rcol of land ser\'ed by :1 county 'N3tor system sh311 permit 3uthorized agents of the county to enter upon such p3rcol of 13nd 3t reasonable hours to read motors, eX3mine the ser\'ico pipe, motor or other apparatus 3nd to t3ko up, ropair or remo\/e tho 63mo. Soc. 22 76. Use of other taps \·.'hen occupant lacks sorvico. Nothing in this ch3pter shall prevent tho occup3nt of ::1 p3rcol of 13nd supplied by a county "':lter system from ha'Jing, 'Nhon his ser\'ico pipe is in disrop3ir, the use of 'Hater from 3nother p3rcel of 13nd supplied by :1 county \A.~ater system ',,'ith the permission of the occupant thereof. Access to other t3pS of tho county '.\~3tor system Sh311 be limited to seven (7) d3YS. The director m3Y, 3t his discretion, extend this period of time if nocoss3ry. 41 H-1 Sec. 22 77. Metors goner3l1y. /~,II connections Sh311 be metered. Except 3S noted bolo'...., 311 meters shall be IOC3tod in tho public right of \A.~3Y. Moters, 'A'hen not IOC3tod in the public right of 'h'3Y, Sh311 in 311 C3S0S be sot in locations 3pprovod by the diroctor. Should tho loc3tion of the meter on public or pri\(3to property be changod 3t the requost of the o'/Jner, the entiro cost of m3king such ch3nge shall bo p3id by such O~tlnor. Sec. 22 78. Interruption of sorvice. No person Sh311 bo entitled to :3 rofund for any interruption of \A.(3ter sOr\'ico. Tho director sh311 havo tho right to intorrupt \A.~3ter ser\'ice to m3ke repairs or 3dditions to pipes 3nd meters. Sec. 22 79. Disconnection, etc., of motors. No person sh::111 disconnect the pipo or mo'!e or disturb :3 ':¡:ltor meter '.vithout authoriz3tion from the director. Sec. 22 80. Meter repl3coment and rop3ir. The cost of ropl3cements or rep3irs of a meter, resulting from dam3ge c3used by hot ~:.(ater or sto3m from :3 boilor, shall bo p3id by the o\,\'ner of the promises. If tho cost is not paid ':¡ithin ten (10) d3Ys from tho d3te of mailing the bill, the director shall C:lUSO the '.,,'ater service for tho premises to be turned off. It shall bo tho duty of tho director to in'y'estig3te and dotermine in e3ch C3se the responsibility for tho d3m3ge 3nd tho cost of the rene'J/31 or rop3irs. Sec. 22 81. Setting of meters; connection roos. ,~II meters sh311 be set by the director 3nd shall be tho property of tho county. No motor sh311 bo Bot until propor 3pplic3tion h3s been m3de and approved by the director. Tho applic3nt sh311 bo responsible for p3ymont of all ch3rges. Tho connection foo sh311 be payable prior to the county setting tho meter. 42 H-1 Soc. 22 82. R3tes 3nd fOGs. (3) ~/ator sorvico ratDs. The follo'A'ing r3tos 3nd ch3rgoE as est3blished by tho board of supervisors for \A/3ter servico shall 3pply 'Nhere 'J.'3ter sorvico is provided by tho county: Tho volume charge per one thousand (1 ,000) g3110ns '.vill be b3sed on '.V3tor used. The 'Jolume ch3rge is 3dded to tho b3se ch3rge to determine the total ':¡3ter bill. SCHEDULE OF '.^.',^,TER R1\TES TABLE INSET: 43 H-1 (b) Connection fees. (1 ) Genera/ly. The total 'I./ater connoction fee shall consist of costs and considorations associated ':./ith (a) a basic connection fee; (b) off site facilities fee; (c) off site and o'lersized main credit policy. 3. Basic connection foes. The basic connection fee for all applicants is to cover the cost of tho service tap, the sert/ice line, meter setter, and the 'Jlater meter. The basic connection fee shall be 3ssessed all connectors 3nd the payment shall accompany the 44 H-1 applic3tion for connection to the '''.'3ter system. '.l\.'hero a developer is required to inst311 'l3ter f3cilitios 3E p::1rt of ::1 subdi'Jision, the dovelopor shall inst311 the \V3ter servico 3nd pl3ce the motor settor for o3ch connoction. In such C3ses, the b3sic connection fee 'A'ill be limited to the 3ctual cost of the ':.':lter moter. b. Off sjte KJcNitios fce. The off site facilities fee for 311 3pplicants is to co'.'er tho cost of present 3nd future c3pital f3cilities constructod. Capit:!1 facilities include, but are not limited to, '.'3ter sourco, r:3'11 '.V3tor stor:3ge, treatment f3cilitios, tr3nsmission lines, pump stations 3nd m3jor finished 'A':3ter stor3ge facilities. Up to one half of the off site f3cilities fee \A.'ill be subject to the off sito 3nd oversized m3ins crodit policy. Tho off site facilities fee sh311 be 3ssossod all connectors and the p3yment shall accomp3ny tho 3pplic3tion for connection to 3n existing or proposed est3blishment of :3 "later system. c. Off slm and ov-ersizod m3in crad.it policy. Credits '.\'ill be :3l1o'.ved 3gainst the off site facilitios fee for off site extonsion in excoss of throe hundred (300) feet 3ndJor line sizo in excess of minimum size roquired by the oounty. For ::1ny off site oxtensions, on 3 public right of ':J::1Y or 03semont 3dj3cent to o'/./nor's (applic3nt) property, credit 'IJill be allo'Nod 3gainst the off site facilities feo only for line size in oxcess of the minimum diameter required by tho county. No credit '.'ill be allo\A/ed ',.'here ::1 m3in size gro3ter th3n minimum sizo in di3metor is required to 3doqu3tely ser\'Q the o\\'ner (applicant). Credits ,..,ill be limited to :1 m3ximum of one forth the amount assessed for tho off site f3cilities f{)o and 3re subjoct to f.unds being 3'l3ilable f.or credits 'l.'ithin the ''''3ter off site f3cilities fees fund. Credits ':.'ill bo computed based on recent bids taken f.or construction of similar '.V3ter facilities. Inst3113tion of :1 '11011 3nd/or stor3ge f3cilities in excess of sixty thousand (60,000) gallons to pro'lido ::1 '.\'3tor source, 3nd pumpago roquirod to supply tho stor3go facility \A.'hore county f3cilities arc not 3v3ilablo, are considorod off site f3cilities for purposos of this paragr3ph. d. Tho b03rd of supor\'isors may by separ3te agreoment 'I.'ith :1 developor enter into a reimbursement agreement for off site f3cilities '.\'hich may be required by the County and '.\'hich '.·.(ould not be co'.'ered by the off site and oversized main credit policy 3bo'Je. e. Tho tot31 connection feD Sh311 bo paid 38 folloY/S: T':lenty five (25) percont at time of pl3n appro\'al, S8\'snty fi'.'e (75) percont (b::1I3nce) prior to occupancy or \A.'ator use by the facility. \^.'hen tho off site f3cilities foo is incre3sed, the 3pplicant m3Y P3Y tho 45 H-1 remaining &o'.'enty fi'.'e (75) percent of tho prior roo ~:Jithin one (1) year 3fter tho effocti\'e d3to of tho no'l.' fee. Thereaftor, tho rem3ining sO'/onty fi\(o (75) percont shall be calculated on tho foe th3t exists :It the time the b:ll3nCO is p3id. (2) Installation paymonts. /\ny l:1ndo\A.~ner m3Y, at his option, request in '1lriting on forms pro'/ided by the county, to be allo'lled to mako p:lyment on tho off sito f3cilities feo portion of the connection foe, in thirty six (36) monthly inst3l1ments, pro\'ided that: a. The amount of &uch feo &h311 bo increasod by tv.'onty (20) porcent. b. The landoJ-,'ner Sh311 executa a contr3ct \A.'ith the county for :lforesaid installment p3ymont 3 nota e'/idencing &uch obligation in a form appro'/ed by the county attorney sotting forth tho 3mount 3nd number of paymentc to be made togethor 'A'ith other such terms and conditions doemod nocess3r)' and appropriato by the p3rties thereto. Such contract sh311 bo rocorded in the offico of the clerk of circuit court of tho county. c. Tho county Sh311 h3ve the right to collect such p3yments in the 8::1me m3nner 3S provided for collection of '::ater ser\'ice ch3rgos together \A.'ith othor means 3S set out in the '''':Iter contr3ct. d. Such note shall be p3id in full prior to tho tr:Jnsfer Qf title to 3ny 13nd for ,..,hich '.'.':ltor servico \A.~3S pro\'ided, 3nd if the S3me aro not paid in full by tho date of transfor, the county Sh311 h3'.'e the right to discontinue servico 3nd remO\'8 all of its facilities and roquire payment of the full amount of tho connection fees prev3iling 3t that time, as if service had ne\'er been inst3l1od. (3) Authority of board of suporvisors to vlsiv.o connoction foes. a. The board of super\'isors m3Y by resolution 'f.(3i'/8 a portion of the connoction foes for '-,'ater facilities installed under foderal or state funded \A.~ater projects. The portion of the fee that is '.\(3i'led Sh311 be indic3tod 38 county financi31 particip3tion in the \AJ3tor project. b. Tho board of supervisors m3Y, by resolution, 3uthorize the off sito facilitios foe to be p3id from the genoral fund for those commercial or industrial Q'I.'nerE (3pplicants) v.'hich the board of supervisors determines 'liQuid be in the best interest of tho county's economic de'.'olopment and 'A'hich 'liQuid generate significant employmont. (4) '.finimum connoction fee. The minimum connection f.oe for any connection viiI) be th3t established for ::1 5/8 inch meter. 46 H-1 (5) Fire sorvice. ,^,.II separato fire sOr\'ices sh311 be properly motered :1nd protected ag:1inEt backflo'N 'I,'ith :1 chock '/31'/0. The moter \t3ult, metor and b3Ckflo~:J device shall be furnishod 3nd inst311ed by the county. The tot::lI connection fxeo for sopar3to fire ser\'ice connections ,,¡ill be equal to tho b3sic connection portion of tho connection fee plus tho off sito f3cilitios roo 3S oEt3blishad for tho size fira ser\'ico requested. Tho soparate fire sarvice fea is as follo\4,'s: SEP,^,.RJ\ TE FIRE SER'JICE FEE T/\BLE INSET: 47 H-1 Tho utility director m3Y reduce the coct of the b3cic connection for fire ser\/ice v/hen the fire sorvice meter is pl3ced in tho S3me './3ult 3S the domestic sorvice. (6) Schodule of oonnection fees. Tho total connection roe is tho sum of the basic connection fee (,:./hich is dotermined by meter size) plus the off site f3cilities foe ('A/hich is determined by meter size, type of sorvice, and offecti'./o d3te), as indic3ted in T3bles I, II, and III. T/\BLE I Bl\SIC CONNECTION FEE T,l\BLE INSET: 48 H-1 Tho 5/8 inch meter is equal to servico to one oqui\(alent residontial connection or "ERC." Servico 3nd moters larger than 5/8 inch :Ire sized 3S their '/olume ratio to the 5/8 inch motor or ERC. T.^,BLE II OFF SITE FACiliTIES FEE TJ\BlE INSET: Tho off site f3cilities f{)e for 311 other 3pplicants 'J"/ill bo based on meter size as follov,,/s: T.4\BLE III T.^,BLE INSET: 49 H-1 (7) MiscelJanoous chargos. In addition to 6310 of 'tl3ter, the follo'/./ing ch3rgo5 3nd feoE Sh311 bo imposed upon 311 cUEtomers for 'tJ3ter, ':.(3tor 3nd saVior, 3nd Eot/ler only utility services, 3S 3pplic3ble: a. Ro check r03ding of meter. . . $10.00 (No ch3rge if original reading 'Nas in error) b. Inv:estig3tion/'.'orification of leak3go in customer's lino . . . $20.00 c. Mater 3ccur3cy tOEt . . . $25.00 (No ch3rge if motar fails accuracy test) d. Disconnection foo, per trip, for non paymont . . . $20.00 50 H-1 8. Reconnection f.oo (oscal:1ting), per trip, for nonpaymont: 1. First reconnoction . . . 15.00 2. Second reconnoction . . . 70.00 3. Third reconnection . . . 95.00 1. Fourth roconnoction 3nd e3ch roconnection thoro3fter . . . 120.00 In the o'.'ont that the utility ser\'ice customer has m3intained :3 good p3yment history 35 defined in § 22 82(c)(2), ',-.'ith tho county for utility ser\'ice 3t any 3ddreEE '."ithin tho county, for five (5) full Y03rs prior to tho current ch3rge, the reconnection foe sh311 be deemod 3 first roconnection and thereafter escalato 393in in 3ccordance here'.'.'ith. f. Reset moter if pullod duo to non p3yment . . . $25.00 g. Speci31 request to discontinue or turn on sorvice for other than nonpayment . . . -1-fhQQ (8) Roconnection fee 3ccount. Tho reconnection fees, ch:3rgod 3nd paid under § 22 82(b )(7)e. in each fiscal Y03r, v.'ill bo segreg3ted in 3 special 3ccount from 'Nhich sufficient funds v.'ill be 3110cated to co'.'or the estimated uncollectiblô debts for tho previous fiscal Y03r. Any funds rem3ining in such speci31 account 3fter the 3djustment for uncollectible debts 'I.'ill bo 3ccountod for 35 re\'enuo for th3t fisC31 Y03r. ( c) Socu,rity doposJts. (1) Initi31 security deposits shall be imposed, ',-.'hen request for service is m3de, upon all utility sOr\'ice customers 35 follo\-,s: 3. Residential. 1. '''l3tor . . . $25.00 2. '.^./3ter 3nd ED'/Jar . . . 25.00 3. SO',:Jor only. . . 50.00 b. Commerci::ll. 1. '''later... 1 00.00 2. \^.'3ter and se'Hor . . . 100.00 3. Sewor only. . . 50.00 (2) Any .additional security doposits pre\'iously paid by :J utility ser\'ice customer, other th3n the initi31 security deposit pro',,'idod for in subparagr:Jph (c)(1) 3bo\/e, is to be refundod '.vithout interest to s3id customer 3fter ono full ye3r of good p~yment history. 51 H-1 Good p3yment history Sh311 m03n: (i) all ch3rges, foes, and bills paY3blo undor this ch3ptor of tho county codo ::Ire p3id on or before the due d3te; (ii) tho customor h3s not boon subjoct to pon3ltie~ or fees for nonpayment; (iii) the customer has not boon subject to disconnection or discontinu3nce of EOr\'ice due to nonp::lyment; and (iv) tho customer h3s not boen subjoct to pl::lcoment of :1 lien or ::Iny other :lction or proceeding by tho county or the tro3suror due to nonpayment of ::1 utility sorvice bill or ::1ccount. One (1) full yoar Sh311 m03n one (1) full Yo::1r from tho date of the last p3yment of 3n addition31 security deposit. The director of financo, or dosignee, 'l.'il! periodic311y revio't.' the socurity deposit records to determino 3ny deposits th3t arc refund3ble; othor\·¡ise, rofunds Sh311 be m3do only upon ,,-.'ritton roquest m3de by the utility ser\'ice customer to the director of fin3nce. Ref.unds Sh311 be m3do 3S :3 crodit to the customer's utility ser\'ico 3ccount unless directed other\-.'ise by the director of fin3nce, or designee. (3) The security doposit b313nce of oach utility ser\'ice customer shall bo continu311y maint3inod, unloss refundod 38 pro\'idod in subp3r3gr3ph (c)(2) abO\,'9, until fin31 discontinuance of service to the customer in the county. If, 3t :3ny time, the director of fin3nce deems it necessary, tho director of fin3nco is :3uthorizod, but Sh311 not be required, to mako payment of :1 customor's outstanding bill or delinquent utility account from his socurity depo~it foes. In the e~'ent th3t a customor discontinuos servico in one loc3tion \-.'ithin tho county 3nd initiatos service 3t :. ne'A' location \4,ithin tho county, tho security deposit sh31! be tr:.nsferred to 3nd maintained in tho utility customer'~ no'.\' account. /\ny rom3ining socurity deposit b31ance v.'il! be credited to tho customer's final billing in tho county, 'A'ithout interest, \-.'ithin sixty (60) d3Ys of final discontinuance of service; tho b3lance, if 3ny, '1.';11 be refundod to the utility customor. Soc. 22 83. Inspection and reading of meters; bills; refunds. (3) The diroctor sh311 causo 311 utility sorvice motors to be inspooled 3nd re3d at I03St once overy three (3) months for residonti::1I customers and 3t least once o\'ery month for commorci31 customers. Tho director shall have the authority to estim3te usage if he detormine~ that :3 metor reading is not or cannot be obtainod. E3Ch utility customer ~h311 be billod for '.\fator, ':Jatar 3nd se'A'or, or so'.\(or only servico on ::1 monthly b:Jsis, 3nd bills shall be duo 3nd payablo no later than the VA'entieth day of each month. The monthly 52 H-1 bill, for months \&:hen :3 service metor is not re3d, shall be in 3n 3mount equ31 to the 3ver3go of the customer's billings for the pre'Jiouc qU:1rtorly cycla b3sod upon 3n actual reading. Adjustments for actu31 uS:Ige sh311 be m::1do in the months v.'hen :1 rO:1ding of tho utility service meter is obt3ined. (b) Utility sorvice bills shall be paid 3t the utility billing office or =:It such other pl3ces design3tod by tho director. All deposits or 3d'l3nce paymonts for 'A'3ter, refunds to depositors of ad\'ance p:Iymonts, or other refunds on 3ccount of errors shall be m3de 3t tho utility billing offico. Sec. 22 84. Calcul:Ition of ch3rges Generally. J\II vlater passing through ::1 moter Sh311 be charged for, 'IJhothor or not used; providod, \'.'hero le3ks occur in 'N3ter pipes or metered sorvicos, 3nd the ov.'ner, 3gent Of ton3nt sh311 h=rJo promptly made all neces83ry rop3irs, the director may rebate tho 3mount in excoss of doublo tho 3mount of the a'JOf3go monthly bill for the premises. Such 3'.'or3go monthly bills Sh311 bo detormined by a'.'eraging monthly bills for the preceding six (6) months. Soc. 22 85. S3me \^lhen motor f3ils. In tho e'/ont 3 V.'3ter meter f-ails to register properly for any cause, and tho consumer has recei'.'ed the usu:I1 or necoss3ry supply of 'I.'ater during the time of such f3ilure of the meter to rogister, tho consumer shall be billed fur such 3mount 3S is sho'",'n to be tho 3vor3go monthly amount of "-':Iter consumed on his premises for the precoding six (6) months or :3 longer poriod, 38 determined by the director. Sec. 22 86. Unp3id bills. (a) I\ny utility EOr\'ices bill '~.'hich h3s not bean p3id by the due d3te of tho bill, resulting in a past due b313nce, shall be subjoct to 3 13to p3ymont pen31ty of ten (10) porcent of tho 3mount of the bill. Tho late payment penalty shall be added to tho p3st duo b313nce immedi:Itely follo'",'ing the data th:Jt E:Iid bill v.~as due. (b) Tho county shall be :Juthorized to disconnect utility services if the utility customer fails to m3ke f.ull p3yment of all p3St due balances and the 3roresaid pen31ties on or 53 H-1 before the fifteenth d3Y of tho month follo\a¡ing tho due d3te; providod, hO~/,,'over, th3t disconnection of services for nonp3yment shall bo m3do only 3fter tho county h3S obtained 3n 3ctu31 reading of the utility servico motor 3nd made 3ny nocoss3ry adjustments fur 3ctu31 uS3ge during the pre',,'ious qU3rterly cycle. P3yment of 311 past duo b3lances, the 13tO payment pen3lties, the disconnection f{)o, tho 3pplicable reconnection foe, 3nd 3ny other charges or roos Sh311 be m3de prior to service being restored to the premises or initiated at any other loc3tion in the county. Soc. 22 86.1. Lien for 'll3ter 3nd seiNer ch3rgos. T3xes or charges horo3fter made, imposed or incurred for 'N3ter or se':,,'ers or use thereof in tho County of RO:1noke, \.'irgini3, Sh311 be :1 lien on tho r031 ost3te served by :3 such 'A'3terlino or se\a,,'er; pro~Jidod, hO',,4le'/er, th3t 'Nhere residenti31 ront31 real est3to is invol'/ed, no lien sh311 3tt3Ch (i) unless tho user of the 'll3ter or sel/lor services is 3180 the O'Nner of the re::ll ost3te, or (ii) unless the O\fJnor of the real estate negoti::lted or executed the agreement by \·,hich such 'Ilater or sev.'er sOr\'icos '"t,,~ere pro'Jided to tho property. Sec. 22 86.2. Collection of unp3id bills :1nd lions. ,A,ny delinquent utility service 3ccount sh311 be subject to 3ny and :111 log31 remedies, process, and procodures 3vailable to tho county for the collection of such 3ccount or accounts, all 38 m3de 3nd pro\'idod by 13'A'; subject, ho~.\'ever, to tho utility cu£tomer appe31ing such ::Iccount, in 'llriting, before tho due date of tho bill, to tho utility billing 5up0r\'isor for the purpose of m3king any 3djustment5 in said 3ccount 35 m3Y be neodful or necess3ry to m3ko the 3mount of such 3ccount proper and/or in C3S0S of extrome hardship, to m3ke equitable p3yment 3rr3ngements. Sec. 22 87. \.,\'hen ':Jater m3Y be turned off. The \a,,~ator sh:111 bo turned off 'A'hon necessary for tho protoction of the 'N3ter system or ':¡hen :1 recognized cross connection is disco\'ered ::Ind corrocti'/o 3ction is not t3ken in accord3nce '.\'ith the director's instructions. 54 H-1 Soc. 22 88. Connector's responsibility '.·.'hon mo\'ing from premisos. 'I'lhen tho connector using \&.(3ter intends to mo'.'a, he shall gi'.'o the director 3t 1038t three (3) d3Ys' notice. t\ny person '.(3c3ting any premises '/.'ithout paying his utility sorvice bill sh311 not ha'/o utility servico initiated or continued 31 any new premises v/ithin the County of Roanoke until the amount so due from him shall h3'/O been paid. * * * * .^,RTICLE 1\/. '.^l.^,TER SUPPLY EMERGENCIES /\ND CONSER\J/\TION ME.^,SURES Soc. 22 200. Generally. (3) Purposo. The purpose of this di\'ision is to ost3blish '.V3tor consorv3tion reduction m03sures to be imposod v.'hen drought, '.'ater shortage and 10'/.' flo'/.'s in tho Roanoke Ri\'er roquiro \&/3ter conser\'3tion m03sures to bo in effect for public 'I.'atar supply usa. It shall also 3pply to 'N3tar supplied from privata ground').'3tor sources 3nd to surfaco '.V3to r 't/ithd r3\&J3Is. (b) Exomptions from application. The pro'/isions of this 3rticlo Sh311 not apply to any go\'ornment31 3cti'.'ity, institution, businoss, residenco, or industF)' ',-.'hen it h3S boon determined by tho county administrator th3t 3n exemption is necoEE3ry for the public health, s3foty and ').'oltars, for tho pre'Jontion of se'lero oconomic h3rdship or the subst3ntial 10ES of employment, or for the health of 3ny perEon. Recycled '''¡'3ter shall 31so bo oxompt from the provisions of this articlo. Sec. 22 201. Dofinitions. As used in this di'Jision: Fountain Sh311 mean a 'A'3ter display \&.'horo v.'3ter is spr3yed strictly for orn3montaJ purposos. P~vod areas Sh311 me3n streets, sido'/falkE, drive\4.(3Ys, patios, parking lots, sSr\'ico station aprons, and other SUrf3CO areas co'.'ored \A.'ith brick, p3ving, tile, or othor m3tori31 through \\'hich 'N3tor c3nnot P3&E. 55 H-1 Parson shall me3n 3ny individu31, corporation, partnership or other logal entity in tho county. Rocyc!od wato.r shall mean \&.'3ter originally pot3ble but circulated for reuse after delh,'or)' from the public 'A'3tor system. SVlimming pool sh311 mean any structure, basin, ch3mber, or tank, including hot tubs, cont3ining 3n artificial body of \I.'ator for s,..,imming, diving or recro3tion31 bathing 3nd h3'.'ing a depth of Ì\&.~o (2) root or more at 3ny point. Soc. 22 202. Docl3r3tion. Tho board sh::JlI decl3re tho imposition of either volunt31)' or mand::1tory 'Nater conservation measures 'A'heno\'or the county is experiencing ::1 'll3ter supply emergency or the neod to 3vert a \:.'ator supply emergoncy. The need to 3\'Ort 3" emergoncy and to implement './0Iunt3ry conser\'3tion me3sure£ sh311 be deemed to exist 't/hene'Jer tho flo'".'s in tho Roanoke Ri\'or drop to 10\'018 th3t require tho limit3tion of '.vithdr:rN3Is for Spring Hollo'!1 Reservoir, the 'A'ater level in the reservoir is belo'A' normal f.or th3t time period, 3nd meteorologic31 projections indic3to consideration of such measuros. The need to ::1'.'ort 3n emergoncy 3nd to impose m3nd3tor)' ':/ater consorv::1tion measures shall be doemod to exist ':.'hen the reser\'oir cont3ins less than a one hundred fifty d3Y supply at currant usage p3ttorns for the period betv.'een Juno 1 3nd October 1, or ::1 one hundred day supply for the period botween October 1 and June 1, ::1nd va", limitod supplies of '.V3ter 3ro available. Notices of the implomentation 3nd termination of the ':Jater consorv::1tion me3sures shall be publicly announced ::1nd published in ::1 daily nO\\'Sp3per for at lo:u~t ono (1) day. Tho implementation or termination of the m03sures shall becomo offocti\'o immedi3toly upon public3tion of the rospecti'Je notico. Sec. 22 203. \/oluntal)' \a/::1tor conservation m03sures. '.^lhon \'olunta,,' 'N3tor conser\'3tion me3sures 3ro in effect, the b03rd sh311 request tho gener3( public, businosses and public 3gencies in the county to imploment and comply \a.'ith tho 101l0'A'in9 '.\(ater use reduction moasures: (1) L::Jvlns and g~.rdons. Roduce 'tl3toring to only '-,-'hen necess3r)' to m:¡int3in \'iability, 3nd then only botv.'een tho hours of 8:00 p.m. and 8:00 3.m. 56 H-1 (2) P~'lod areas. Reduce \-'3shing. VV3shing p3ved 3r03S for immodi3te health 3nd E3fety if: oxompted. (3) Sv/imming pools. Reduco filling and replenishing to le'/els required to m3int3in he31th 3nd safety. (1) '/ohiclo Y/ashing. Reduco noncommorci31 ~:Iashing of mobile equipmont. Commerci31 mobile equipment 'I.'ashing businessoE :lro exempt. (5) Rost-aurants. SOr\'o ':/3tor to customers only upon requost. (6) Public utilities. Reduce schedulod se'l.'or 3nd hydrant flushing by fifty (50) porcont. Flushing to meet immediato h031th and S3roty requiromonts is exempt. Soc. 22 201. M3nd3tOl}' 'Af3ter conserv3tion measuros. Whon m3ndatory \-/3ter conf:orv3tion m03suros are in affect, tho goner31 public, businessef: 3nd public agencios Sh311 comply ':/ith the follo'.\'ing 'A'3tor use restrictions: (1) Fount3ins. Oper3tion prohibitod. (2) P~V(Jd areas. '.^.'3shing prohibited oxcept for immedi3te health 3nd S3f.oty roquirements, or except for commerci31 or industri31 oper3tions using high pressure lo~:.' consumption equipment. 'I'.'3shing for mainten3nce purposos one (1) time \-.'ithin 3ny Ì\\'el\'e month period is pormitted. (3) SVlimming pools. Prohibit filling of outdoor s~Nimming pools. Replenishing to maintain the structur31 integrity of tho pool or to onsure sJ:.'immer he31th 3nd safety is permitted. (1) 'loh.ickJ washing. Prohibit noncommercial 'Hashing of 3utomobiles, trucks, tr3ilors, boats, 3irpl3nes or any other type of mobile equipment, oxcept in commorci31 f3cilities if oper3ting '.\'ith high preEEuro 10~"1 conEumption equipment or oper3ting VJith :1 ',,"ater recycling system. Tho county administr3tor may ardor the curtailmont of the hours of opor3tion of such commerci31 f3cilities or opor3tions offering such sorvices to tho public or ~:J3shing thoir 0\-'" equipment. (5) Rostaurants. Serve '1¡::Itor to customors only upon roquost. (6) Public utilities. Conduct SO'I.'or 3nd hydr3nt flushing only for the purpose of fire suppression or other public emergency. Flushing to moot immedi3te health 3nd s3fety requirements is exempt. 57 H-1 (7) Lavlns 3nd gs,r-dons. Eliminate \v3tering of shrubber)', treeE, 13'.\'ns, gr3EE, plants or other vegetation, excopt indoor pl3ntings, greenhouse or nurso')' stocks 3nd '1latering by commercial nurseries of freshly planted pl3nts upon pl:1nting and ne'A' and repl:1nted or resodded 13'1.'ns for :1 period not to excoed thirty (30) d:1Ys. (8) Exterior "lashings. Eliminate tho '1lashing of the exteriors of commercial or industri31 buildings, homes or 3p3rtments. '.^.'3shing for mainten3nco purposes one (1) time ,..,ithin 3ny t\A¡eh,'e month period is permitted. (9) Privata VIO!,'S and surfaco water '/ithdraYla!s. Eliminate 'N3toring of 13'A'n8, gardens, 8hrubbeF)', trees, gr3ss, pl3nts or othor \'eget3tion (except indoor pl3ntings, greonhouse or nursory stocks is permitted), 'J./3shing of automobiles, trucks, trailers, boats, 3irplanes or 3ny other typo at mobile equipment, or filling of outdoor s':.'imming pools (replenishing to m3int3in the structur31 integrity of the pool or to ensure s),\'immer h031th and s3foty is pormitted). '.^I:1tering of freshly planted pl3nts upon planting and no'..' 3nd repl:1nted or rosodded 13'.vns for :3 period not to exceed thirty (30) d3YS, tees 3nd greens on golf courses, athletic fields 3nd f:1cilitios, is permittod. Sec. 22 205. Viol3tion; e\'idential)' presumptions; pen:3lty tor \'ioI3tion; appo3ls. (a) \Iiotation. It shall be :3 'Jiol:3tion of this articlo for 3ny parson to intontion:lIly, kno'/Jingly, recklossly or negligently use, C3use the use of or permit tho use of w3tor in 'liol:3tion of 3ny of the m3nd3tol)' provisions of this di'/ision. (b) Evidontiar¡ prosumptions. For purposos of this ::1rticle, in any C3se \A.'horo \A.'3ter h3s boon used in :1 m:1nner contr3r)' to any m3nd3tory pro'Jision of this division, it sh311 be prosumed th3t tho person in '...'hoBo n3me :1 'A'3ter metar connection is registered '.vith tho utility dap3rtment h3S kno'/tingly usod, c3usod tho use of or pormitted tho uso of ':.(3tor in such :1 contr:3F)' m:1nnor. Proof th:1t :1 p3rticular promisos had :1 \A/3tor motor connection is registered in the name of tho defendant cited in :3 criminal compl3int filod purSu3nt to this 3rticlo Sh311 constitute in evidence ::1 prima f3cio presumption th3t the defendant is the person \4.'ho used, caused the use of or permittod the use of ".':lter in :3 manner contrary to 3ny mand3tory pro'Jision of this division. (c) PonaJ:ty for violation. .~ny person con'1J'icted of viol3ting any of tho provisions of this :3rticle sh:311 be guilty of :3 CI3SS 3 micdomo:lnor. In lieu of :3 criminal prococution for a 58 H-1 violation of this 3rticle, the county m3Y impose ::J civil penalty for any viol3tion. For:1 first offense the person '.vill rocoi'.'o :1 'A'fitton '113rning. On the second offenso, the person \A.'ill be :3ssessad as a ci'/il penalty :3 'A'ater bill surcharge roe of fifty dollars ($50.00) per \'iolation for a residential :1ccount :3nd one hundred dollars ($100.00) per \'ioI3tion for 3n institutional,1commercial/industri::lI 3ccount. On the third and 3ny subsequent offense, tho parson ':Jill be assessed 3S a ch:il penalty a \\'3ter bill surcharge fee of one hundred doll3rs ($100.00) per '.'iolation for a residenti31 account and Í\\'O hundred dollars ($200.00) par '.'ioI3tion for an institution31/commarci31/industri31 account. In addition, tho utility department m3Y suspend the service of 3ny person \'iolating 3ny of the m:1nd3tory '1later use restrictions. All fines sh311 be imposed on the '¡iolator's next \Al3ter bill. (d) Appoals. The person shall h3'Je the right to appeal to the county administrator upon receiving \\'ritten notice of any '¡iolation or intent to discontinue sorvice. That person m3Y then appeal the decision of the county administrator to tho county board of super\'isors. The procedure to be follo\A.'ed in any appeal is the same procedure as sot out in section 18 156.5 of this Code. (0) Sep3f3tO violations. E3ch 'Jiol:1tion by :3 person shall be countod as :1 soparate \'iolation by that person, irrespecti\'e of the loc3tion at 'l.'hich the 'liolation occurs. Soc. 22 206. Enforcement. The chief of police and the director of the utility department, through their agents or omployees, Sh311 be jointly responsiblo for the ~dministration 3nd enforcement of this article. The director of the utility department is 3uthorized to designate qU31ified utility dop3rtmant personnol to enforce this article in tho m3nner 3nd to the extant :Jllo't/ad by 13'N, including the filing of notices of 'Jiol:1tions of this 3rticle and tho filing of compl3ints 'I.'ith the police department for such '/ioI3tions. 3. That any provision of the Roanoke County Code not specifically amended or repealed above shall remain in full force and effect as adopted. 4. That this ordinance shall be in full force and effect from and after its passage. 59 ACTION NO. ITEM NO. ~-\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ~ ~ CC{\ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Parks and Recreation Advisory Commission (Appointed by District) The three-year term of Mr. William Skelton, Windsor Hills Magisterial District, will expire on June 30, 2005. Mr. Skelton has advised that he does not wish to serve an additional term on the commission. TI-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28,2005 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginiat as follows: 1. That the certain section of the agenda of the Board of Supervisors for June 28, 2005, 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 8, inclusive, as follows: 1. Approval of minutes - June 14, 2005 2. Request from the Library to accept and appropriate funds in the amount of $8,000 from the Library of Virginia, acting as administrator for the Gates Foundation "Staying Connected" grant program 3. Resolution establishing salaries for the County Administrator and County Attorney 4. Request from schools to appropriate grant funds in the amount of $225 from the Virginia Commission for the Arts 5. Request from schools to appropriate a donation in the amount of $1,520.42 from the Hand in Hand Committee for the support of advertising efforts for the annual Parent Fair 6. Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues 7. Request from schools to appropriate grant funds in the amount of $36,581 from the Virginia Department of Education 8. Approval of contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for fiscal year 2005-2006 1 ~I-~ 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. 2 ACTION NO. =r-Q ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 Request from the Library to accept and appropriate funds in the amount of $8,000 from the Library of Virginia, acting as administrator for the Gates Foundation "Staying Connected" grant program AGENDA ITEM: SUBMITTED BY: Diana L. Rosapepe Director of Library Services ) Dan R. O'Donnell ~{) Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: f \ì\ n .~ ~ \'" (_ 1\ l~~v.vvv« £\ \)1¥ . \J\,\ ~):~\",,\, " " (\, " ,}, \ \ 0\ ~- ~ \ .\, \) ), ~ . ' \y¿~- '. \' ,-~-~ \:.. < ,: , v SUMMARY OF INFORMATION: Using funds from the Bill & Melinda Gates Foundation llStaying Connected" program, the Library of Virginia has offered $8,000 training grants to each of nine public library regions in Virginia. The grants specify that funds must be used to assist the libraries in providing staff training on the use and support of public access computing. Because Roanoke County Public Library (RCPL) already has an established training structure in place and has previously offered technology-related instruction to the staff of area libraries, the Library of Virginia and members of the Roanoke Valley Library consortium asked that RCPL act as grant applicant and fiscal agent for this region. The conditions of the grant require that RCPL submit training proposal(s) before funds can be used, an evaluation form for each event, and an annual report documenting expenditures. Training must be completed by January 10,2007, and funds expended by April 30, 2007. FISCAL IMPACT: No additional funding will be required. .. .. \j-~ ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds in the amount of $8,000 to the Library's operating budget. ..... . '" ... ACTION NO. ITEM NUMBER -J-1 ....... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 Resolution establishing salaries for the County Administrator and the County Attorney AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Dan O'Donnell Assistant County Administrator ) ~-\J APPROVED BY: COUNTY ADMINISTRATOR'S COMMENT : J I \ ~~ {~1 ~ \~..^~ ~\~_y SUMMARY OF INFORMATION: The County Administrator and the County Attorney receive annual evaluations conducted by the Board of Supervisors. The attached resolution establishes the salaries for the County Administrator and the County Attorney for the 2005-2006 fiscal year. ..... oil. It _ J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 28,2005 RESOLUTION ESTABLISHING SALARIES FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for fiscal year 2005-2006. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased from $134,063.47 to $139.426.01. 2. That the annual salary for the County Attorney shall be increased from $114, 151.45 to $118.717.51, plus the County longevity supplement. 3. That the effective date for the establishment of these salaries shall be July 1, 2005. ACTION NO. ITEM NO. ~.. y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from schools to appropriate grant funds in the amount of $225 from the Virginia Commission for the Arts SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent J ~ ~(~()J Dan R. O'Donnell 't~ . Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~ ~~~ Q~~~~VJ SUMMARY OF INFORMATION: Roanoke County Schools received a grant in the amount of $1,500 from the Virginia Commission for the Arts (VCA). An amount of $1,275 was received in September 2004. The remaining $225 was to be sent to the school division upon receipt and approval by the VCA of the final report/evaluation. The initial installment was approved for appropriation in September. This request is for appropriation of the final installment of $225 which has been received. FISCAL IMPACT: The instructional budget will be increased by $225.00. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the final installment of $225.00 from the Virginia Commission for the Arts grant be appropriated to budget code 797620-6301. ACTION NO. J-5 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from schools to appropriate a donation in the amount of $1,520.42 from the Hand in Hand Committee for the support of advertising efforts for the annual Parent Fair SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent J Dan R. O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: þ~~ {1~~ \\ rr-:", ~\ (~L \jJ~tf\_~\lfkP// SUMMARY OF INFORMATION: A donation in the amount of $1,520.42 has been made to Roanoke County Schools for the purpose of supporting advertising efforts for the annual Parent Fair. The donation will be used for advertising expenses associated with the Parent Fair to be held in October 2005. The community service group, the Hand in Hand Committee, hopes their donation will help increase the number of parents and families that attend the annual event. FISCAL IMPACT: Budget code 817923-3007 will be increased by $1,520.42. AL TERNATIVES: None S1 AFF RECOMMENDATION: Staff recommends that the donation in the amount of $1,520.42 from the Hand in Hand Committee be appropriated to budget code 817923-3007. .. , ,O! . ACTION NO. ITEM NO. ::I - (, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY! VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from schools to appropriate funds in the amount of $307.98 from Virginia Western Community College for dual enrollment revenues SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent ) Dan R. O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENrrS: \~~u>~~wp µ~~,~~ ~,þ ~~~(I( ~)/ SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses. Roanoke County Schools added students to the dual enrollment count for second semester. VWCC reimbursed the school system $307.98 for services rendered. FISCAL IMPACT: The instructional budget will be increased by $307.98. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the reimbursement of $307.98 by VWCC be appropriated to the instructional program. ACTION NO. ITEM NO. T-'l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from schools to appropriate grant funds in the amount of $36,581 from the Virginia Department of Education SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent , ) Dan R. O'Donnell ~ Assistant County Administrator APPROVED BY: Roanoke County Schools and Family Service of Roanoke Valley have worked in partnership for seven years to primarily focus on serving higher risk students. Family Service Staff assists Roanoke County Staff in coordinating community based service learning projects for students. Roanoke County Schools will continue to offer service learning opportunities in Year 2 to approximately 50 high school students and will expand to include at least 20 middle school students. Objectives will continue to include impacting and improving performance on SOL testing, attendance, grades and behavior in school. FISCAL IMPACT: A grant in the amount of $36,581 has been awarded. An in-kind match is required which is allocated in the current budget. No new funds will be expended. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that grant funds in the amount of $36,581 from the Virginia Department of Education be appropriated to the Guidance Department budget (797331) to continue offering service learning opportunities. ACTION NO. ITEM NO. J" -R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 Approval of contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for fiscal year 2005-2006 AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer ) Dan O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY A&. _ MINISTRA TO. R'5 C. OMMEN~~: ~'w~~~ (~)~~~~, ~__~,,'~ç~i))) SUMMARY OF INFORMATION: In the past, the prosecution of criminal cases, including traffic infractions, misdemeanors, and preliminary hearings of felony cases, for the Town of Vinton were heard in the Vinton municipal building. Beginning July 1,2004, the judges of the General District Court wanted these cases heard in the Roanoke County courthouse in the City of Salem. This eliminated the need for the judges, clerks, and sheriff's deputies to travel to Vinton for these cases. In addition, by staying in the Roanoke County courthouse, the clerks had available computer access. While the cases were in Vinton, they were handled by the Town's Attorney; however with the move to the County Courthouse, the travel became prohibitive for the Town Attorney. The Town of Vinton approached the County Commonwealth's Attorney's, Randy Leach, about handling the Town cases through his office. An agreement was reached to provide these services to the Town for $6,000 annually beginning July 1,2004. This money is paid as a salary supplement to the four Assistant Commonwealth's Attorneys, who added these cases to their existing workload. The initial contract was for a one year period from July 1, 2004 through June 30, 2005. The arrangement has worked well for both parties, and they would like to renew the contract for another year with the same terms. \J:- 'õ> FISCAL IMPACT: The Town will pay the County $6,000 to provide legal services for the 2005-2006 fiscal year. This money will be paid to the four Assistant Commonwealth's Attorneys as a supplement of $53.60 per pay period. The $6,000 will also cover the employer portion of the FICA tax for these employees. STAFF RECOMMENDATION: Staff recommends the following: 1. Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton for the 2005-2006 fiscal year. 2. Appropriate revenue of $6,000 from the Town of Vinton and appropriate increased expenditure of $61000 for salary supplements and FICA for the Commonwealth's Attorney's Office in 2005-2006. J=-~ CONTRACT FOR PROFESSIONAL LEGAL SERVICES , BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin Randy Leach, III. In consideration of services described hereinabove, the Town hereby agrees to pay the Counsel $6,000 per annum to be used as follows: 1. Each of the four attorneys listed in Attachment A will receive a pay supplement of$53.60 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1500 each (including the employer portion of FICA tax at $4.10 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of$6,000 to the County of Roanoke, Attention Ms. Diane D. Hyatt, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Council will provide a summary of cases handled by Council, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Chief Financial Officer, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. Kevin Boggess, 311 South Pollard Street, Vinton, VA 24179. This contract is for a one year period only, commencing July 1, 2005 and ending on June 30, 2006. This contract may be renegotiated on an annual basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. " " .. ~~ All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counselor Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of TOWN SIGNATURE: Ti tl e: COUNSEL SIGNATURE : Title: ROANOKE COUNTY SIGNATURE : Title: ACTION NO. ITEM NO. \{J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Request from the Department of Parks, Recreation and Tourism to schedule a work session on July 12 to discuss the development of a Comprehensive Master Plan SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism APPROVED BY: , Dan O'Donnell ~ Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~~~(¿~~¡~ tv ~ JJ~~~~ I~. I \þ~R\~çD SUMMARY OF INFORMATION: Staff is requesting that the Board schedule a work session on July 12, 2005 to discuss the development of a Comprehensive Master Plan for Parks, Recreation and Tourism. Parks and Recreation stafft Advisory Commission members, and Leon Younger, President of PROS, Consulting will be on hand to discuss this exciting initiative. N-\ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Prior Report Balance Amount $9,738,285 0/0 of General Fund Revenues' 6.610/0 Addition from 2003-04 Operations Audited Balance at June 30, 2004 2,050,000 11 ,788,285 July 1, 2004 Explore Park Loan Repayment 20,000 Balance at June 28, 2005 11 ,808,285 8.020/0 Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2004-05 at a range of 7.00/0-8.0% of General Fund Revenues 2004 - 2005 General Fund Revenues $147,255,793 70/0 of General Fund Revenues $10,307,906 8°k of General Fund Revenues $11,780,463 Submitted By Rebecca E. Owens Director of Finance Approved By ) Dan R. O'Donnell ~ Assistant County Administrator N-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Audited Balance at June 30, 2004 $11,389,450.22 Remaining funds from completed projects at June 30, 2004 347,440.84 Transfer from Department Savings 2003-04 233,419.00 September 28, 20( Appropriation for the Public Safety Building Project (6,110,540.00) October 12, 2004 Appropriation for Regional Jail Facility Study (85,922.00) December 7, 2004 Appropriation for refund to PFC, LLC for PPEA review fees (50,000.00) January 11, 2005 Appropriation for tests and studies to review the Higginbotham (250,000.00) Farms and the existing Roanoke County Jail as sites for the Regional Jail Facility. February 22, 2005 Appropriation for projects for fiscal year 2004-2005 Virginia (50,000.00) Department of Transportation (VDOT) revenue sharing program March 8, 2005 Appropriation for the purchase of an Emergency Medical Services (155,000.00) Data Reporting System Balance at June 28, 2005 $5,268,848.06 Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Appropriation from 2003-04 Operations $1,416,838.00 Balance at June 28, 2005 $1,416,838.00 Submitted By Rebecca E. Owens Director of Finance ) Dan R. OIDonnell ~ Assistant County Administrator Approved By N-~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2004-2005 Original Budget $100,000.00 September 28, 2004 Appropriation for professional services provided by (9,000.00) Chandler Planning October 12,2004 Appropriation for Special Assistant for Legislative (18,000.00) Relations October 26,2004 Appropriation for participation in a library study (29,700.00) with the City of Roanoke April 12, 2005 Appropriation for construction costs associated with (8,150.00) the Habitat for Humanity House April 26, 2005 Appropriation for the purchase of five defibrillators to be used in Roanoke County middle schools (7,500.00) May 24, 2005 Appropriation for costs of the state-wide dual primary 6/14/05 (23,640.00) Balance at June 28, 2005 $4,010.00 Submitted By Rebecca E. Owens Director of Finance , Approved By Dan R. O'Donnell ~fÏ) Assistant County Administrator N-~ FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget $ 670,000 Transfer from County Capital Projects Fund 1 , 113,043 FY1997 -1998 Original budget appropriation 2,000,000 Savings from 1997-1998 debt fund 321,772 FY1998-1999 Original budget appropriation 2,000,000 FY1999-2000 Original budget appropriation 2,000,000 Less increase in debt service (1 ,219,855) 780,145 Savings from 1998-1999 debt fund 495,363 FY2000-2001 Original budget appropriation 2,000,000 Less increase in debt service (1,801,579) 198,421 FY 2001-2002 Original budget appropriation 2,000,000 Less increase in debt service (465,400) Savings from 2001-02 debt fund 116,594 1 ,651 , 194 FY 2002-2003 Original budget appropriation 2,000,000 Less increase in debt service (2,592,125) (592, 125) FY 2003-2004 Original budget appropriation 2,000,000 Less increase in debt service (2,202,725) (202,725) FY 2004-2005 Original budget appropriation 2,000,000 Less increase in debt service (4,192,701 ) (2,192,701 ) Balance at June 28, 2005 $ 6,242,387 Submitted By Rebecca E. Owens Director of Finance Approved By Dan R. O'Donnell Assistant County Administrator ACTION NO. ITEM NO. N -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Accounts Paid-May 2005 SUBMITTED BY: Rebecca E. Owens Director of Finance J ~ APPROVED BY: Dan R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,945, 137.69 Payroll 5/8/2005 785,025.71 126,005.68 911 ,031.39 Payroll 5/20/2005 808,381.83 130,583.43 938,965.26 Manual Checks 1 , 175.36 1 ,175.36 Voids Grand Total $ 6,796,309.70 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. N-(o ~ ~ ..... 0--. 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"'¡Ö ~ ¡¡: N-h .." ;: ~ o .." o o Ñ -i::i ~ ë ~ OD C ] ~ ~ "'¡Ö ~ ¡¡: ] ~ ~ ~ o t: ~ ~ N-1 PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Contingency 12/03/04 Opening Balance $ 26,030,769 $ 780,923 01/27/05 Change Order (001) 21 ,065 (21,065) 01/27/05 Change Order (002) * 53,835 - 01/28/05 Progress Payment #1 (1 ,456, 157) - 02/24/05 Progress Payment #2 (403,222) - 03/24/05 Progress Payment #3 (375,678) - 05/13/05 Progress Payment #4 (855,272) - 06/10/05 Progress Payment #5 (401,210) - 06/20/05 Change Order (003) - Establish Guaranteed Maximum Price (51,387) 51 ,387 Balance at June 20, 2005 $ 22,562,743 $ 811,245 * The funds to be used for change order #002 were taken from departmental E911 funds. Submitted By, Rebecca Owens Director of Finance Approved By, Dan O'Donnell Asst. County Administrator N-8 PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA Change Order Number Date Approved Description of Change Order Amount 001 January 27, 2005 6 GHz Microwave and Vinton Related Costs $ 21,065 002 January 27, 2005 Delete several CAD servers, add CAD and related CAD software (paid from departmental E911 funds) 53,835 003 June 20, 2005 Establish Guaranteed Maximum Price (GMP) (51,387) Total as of June 20, 2005 $ 23,513 Submitted By, Rebecca Owens Director of Finance Approved By, Dan O'Donnell Asst. County Administrator Jail Study Costs Report for the June 28.2005 Meeting of the Roanoke County Board of Supervisors Item No. ~ Date Descriction Total Amount Roanoke County Share Other Locality Share To Be Paid by Authority (or Reimbursed) October 12,2004 Jail Study Costs Community Based Corrections Plan- Prepared by Edd Powell Note 1 42.100.00 14,941.29 27,158.71 Jail Program Plan Prepared by HSMM Note 1 120,000.00 42,588.00 77,412.00 AlE study of existing jail conditions for Roanoke County Jail Study by HSMM 28,400.00 28.400.00 190,500.00 85,929.29 104,570.71 $85.922 appropriated October 12, 2004 for Roanoke County Share of these studies. Note 1 Each of the four localities have appropriated their own monies for their share of the costs of the Community Based Corrections Plan and the Jail Program Plan (AlE Study) January 11, 2005 Jail Site Studies and Land Options Option on Higginbotham Site Second Option to be paid in June, 2005 10,000.00 20,000.00 10,000.00 20,000.00 Environmental Study of Higginbotham Site Geotechnical Study of Higginbotham Site 13,223.00 13,223.00 N/A Legal Services Study of Existing Jail Site for future use (Roanoke County cost only) 48.000.00 48,000.00 Financial Advisor Services Bond Counsel Services Debt Issuance Costs Cost of Studies and Application Cost Note 2 91,223.00 48,000.00 43,223.00 Note 2 $250,000 was appropriated by the Roanoke County Board of Supervisors at the January 11, 2005 meeting to cover the cost of the Feasibility Study of the site of the existing Roanoke County I Salem Jail and also to cover the costs for the Option to Purchase the Higginbotham Site; the cost of the Environmental Assessment (Phase I) of the site and related Geo-technical study for the application process; and any related cost for the application process. The cost of the Feasibility Study is the responsibility of Roanoke County. The other related costs may be shared by the other participating localities or reimbursed to Roanoke County by the Jail Authority. Submitted by John Chambliss Bd Rpt Jail Study Costs 062805 ACTION NO. ITEM NO. p- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Work session to discuss pending travel arrangements for the remainder of calendar year 2005 SUBMITTED BY: Diane S. Childers Clerk to the Board ( Dan O'Donnell ~ Assistant County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the request of Chairman Altizer, this time has been set aside for the Board of Supervisors to discuss pending travel arrangements for the remainder of calendar year 2005. Information will be provided at the work session regarding proposed travel for the Board of Supervisors, County Administrator, and County Attorney. Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28,2005 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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. ACTION NO. ITEM NO. b...::.J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Resolution of appreciation to Frank F. "Jack" Gee, Jr., following 31 years of service at the Mount Pleasant Volunteer Fire Company \ ' Elmer C. Hodge ~\tiÇJ 1\H 8_\c) County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: rJ\ \ \' \ \?&.-u.~~t\ v(Ç~~"~J\ r-~. J'\.. ~:"".'''.'.\~~., ~\)\; . \, A2\ \ -' J \ i'" \1 -~, , ,- SUMMARY OF INFORMATION: Mr. Frank L. "Jack" Gee, Jr., joined the Mount Pleasant Volunteer Fire Company on November 17, 1973, and retired in December 2004, after thirty-one years of active duty. The Board wishes to take this opportunity to recognize and congratulate Mr. Gee for his many years of service and dedication to the citizens of the County. Richard Burch, Chief of Fire and Rescue, and Joey Stump, Division Chief, are planning to attend, and attending from the Mount Pleasant Volunteer Fire Company will be Chief Colin Gee and Firefighter Mike Gee. R- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 RESOLUTION OF APPRECIATION TO FRANK F. "JACK" GEE, JR. FOLLOWING 31 YEARS OF SERVICE AT THE MOUNT PLEASANT VOLUNTEER FIRE COMPANY WHEREAS, Frank F. "Jack" Gee, Jr., joined the Mount Pleasant Volunteer Fire Company on November 17, 1973, and retired in December 2004, after thirty-one years of active duty; and WHEREAS, Mr. Gee held the rank of Captain from 1987 until 1994 when he retired and returned to active duty as a firefighter; and WHEREAS, Mr. Gee served as the Company's Treasurer from 1994 until his retirement from active duty in 2004; and WHEREAS, Mr. Gee served on the Roanoke County Fire Chiefs' Board as a volunteer representative with the late T. E. Wagner, Chief of the Mount Peasant Volunteer Fire Company, for many years; and WHEREAS, Mr. Gee also served on the Roanoke County Fire and Rescue Accident Review Board for many years before his retirement; and WHEREAS, Mr. Gee has performed a crucial role in protecting the life and property of citizens in one of the most hazardous profession, and Roanoke County is very fortunate to have benefited from his dedication and many years of experience; and WHEREAS, Mr. Gee has served with professionalism and integrity and through his volunteer efforts with the Mount Pleasant Volunteer Fire Company has been instrumental in improving the quality of life for its citizens. R- / 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 FRANK F. "JACK" GEE, JR. for thirty-one years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. s-\ PETITIONER: Seaside Heights, LLC (Bojangles) CASE NUMBER: 32-12/2004 (Rezoning) & 33-12/2004 (SUP) Planning Commission Hearing Date: July 5, 2005 (Continued from December 7, 2004) Board of Supervisors Hearing Date: July 26, 2005 (Continued from December 21,2004) A. REQUEST The petition of Seaside Heights, LLC, to rezone .98 acres from C1, Office District to C-2, General Commercial District and to obtain a Special Use Permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District. (Continued by request of the petitioner) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 3 s-¡ County of Roanoke Department of Community Development Memorandum To: Planning Commission From: David Holladay, Seruor Planner Date: May 25, 2005 Re: June 7, 2005 Public Hearing - Agenda Item I. 1. Seaside Heights, LLC / Bojangles has requested that their petition, Agenda Item I 1, be continued until July 5, 2005. The petitioner has contracted a traffic impact analysis of the existing turn lanes and traffic signal timing. Although the traffic impact analysis has been completed, staff recommends continuing the petition until July 5, 2005, in order to allow further review of the analysis by both VDOT and staff. s-~ PETITIONER: CASE NUMBER: Spot Blight Abatement - 3821 Colony Lane 3/2005 Planning Commission Hearing Date: September 6, 2005 (Continued from March, 1, 2005) Board of Supervisors Hearing Date: September 27, 2005 (Continued from March 22, 2005) A. REQUEST The Request of the Roanoke County Building Commissioner to consider spot blight abatement of property at 3821 Colony Lane, Cave Spring Magisterial District. B. CITIZEN COMMENTS There were none. C. SUMMARY OF COMMISSION DISCUSSION The petitioner, Joel Baker, Roanoke County Building Commissioner, updated the commission on the status of the property. He stated he had visited the site earlier in the day to determine progress on the project. Mr. Baker said it was his opinion that the project was approximately 80-85% complete and that the property should once again be in occupiable condition within two to three weeks. He recommended to the commission that a follow-up inspection be performed within the next thirty days to verify completion and occupancy of the home. He also recommended that, because the blighted conditions included site conditions other than the building, another inspection be performed in approximately 90 days to ascertain that the occupants properly maintain the property. D. CONDITIONS 1. The project is to be completed by September 6, 2005. 2. The Building Commissioner will make a progress report to the commission on July 5, 2005. E. COMMISSION ACTION(S) Ms. Hooker made a recommendation to continue the request until September 6, 2005, with the Roanoke County Building Commissioner providing a progress report to the Planning Commission on July 5, 2005. Motion passed 4-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 4 8-2 Date: May 31, 2005 To: Planning Commission Members From: Joel S. Baker, Building Commissioner Re: Update regarding 3821 Colony Lane I visited the property today in preparation of the continuation of the hearing at the commission meeting on June 7, 2005.Work seems to have progressed and several of the required inspections have been scheduled for this week. The exterior is all but complete and the interior appears to be approximately 50% complete at the moment. I spoke with Ms. Shelton's son and he indicated that the original contractor had not been reliable and he was now performing the work himself. Assuming the work to this point passes the upcoming inspections, he intends to proceed with completing the insulation and drywall. It is possible that the property could be 90 to 95% complete by the time of the meeting. I will visit the jobsite again immediately prior to the meeting and be prepared to inform the commission of the most recent starns and make a recommendation. At the suggestion of the commission at the recent workshop, a reminder letter was sent to Ms. Shelton. A copy is attached for the record. 8-2 QInunt~ nf ~nannke DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPINGfGIS PERMITS PLANNING & ZONING STORMWATER MANAGEMENT DIRECTOR, ARNOLD COVEY ASSISTANT DIRECTOR. GEORGE W. SIMPSON, III, P.E. CHIEF PLANNER, JANET SCHEID Date: May 19, 2005 Property: 3821 COLONY LN Tax 10: 077.18-02-20.00-0000 Owner: SHELTON, BARBARA N Owner Address: 3821 COLONY LN SW, ROANOKE, VA 24018 Dear Ms. Shelton This is a reminder that~ per your agreement with the Roanoke County Planning Commissio~ the repair work on your home located at 3821 Colony Lane is to be substantially complete by the June 7, 2005 Planning Commission meeting. Failure to meet this time frame will result in the County Of Roanoke resuming the original blight abatement process. The following are the terms of the agreement as presented by you or your representative at the March I, 2005 public hearing: CONDITIONS. 1. The project is to be complete within 90 days. 2. The Building Commissioner will make a progress report to the commission sixty days from the hearing. 3. If the project is incomplete after 90 days I a performance bond may be required for repairs to continue. Please contact my office if there is any way we can assist you in meeting this schedule. Joel S.. Baker, CBO Building Commissioner P.o. BOX 29800· ROANOKE, VIRGINIA 24018· PHONE (540) 772..2080· FAX (540) 772·2108 G) Recyc'ed Paper Petitioner: Joel S. Baker, CBO, Roanoke County Building Commissioner Location: Consideration of Blighted Property 3821 Colony Lane Request: Magisterial District: Cave Springs Proffered/Suggested Conditions: None EXECUTIVE SUMMARY: The Board of Supervisors recently adopted a Spot Blight Abatement Policy Program designed to deal with individual properties that have become a detriment to the surrounding neighborhood. Under the program, the County is authorized,. pursuant to a plan approved by the Board of Supervisors following a public hearing, to repair, or to acquire and repair a property designated as blighted under the' program. The County may recover its costs in repairing the property either from the owner or from the proceeds from the sale of the property. The program allows an owner of blighted property to avoid any repair or other action by the County if an acceptable work plan for the elimination of the conditions that created the blight is prepared and implemented. In the case of 3821 Colony Lane, staff has determined that the property meets the conditions for blight and has initiated the abatement procedure. The property has suffered severe damage from a fire that occurred on February 6, 2003. The property has remained in this state since that time and has continued to deteriorate. Notice was given to the owner of the property on November 30, 2004 advising that a preliminary determination of blight had been made and the owner was required to respond within 30 days of the notice with a plan to abate and correct the blighted conditions. No response was received from the owner. The owner currently has a building permit to make repairs to the property and has been removing damaged materials from the structure. However, because no response was received, staff is proceeding with the process and has requested a public hearing before the Roanoke County Planning Commission to consider condition of the property and make recommendations to the Board of Supervisors 1. APPLICABLE REGULATIONS Roanoke County Spot Blight Abatement Policy contains the following elements: . designation of the property as "blighted" · attempts to work with the property ovvner to correct the conditions · notice to the owner that official action will be taken unless an acceptable corrective plan is submitted. · notice to adjoining property owners and local civic organizations · consideration and public hearing by the Planning Commission · action by the Board of Supervisors · implementation of an approved plan by the County to correct the blighted conditions 1 8-2 2. ANALYSIS OF EXISTING CONDITIONS Background - The property has a history of code violations with the County prior to the fire in February, 2003 that caused the current damage. The Planning and Zoning office has cited the owner several times for violations of the zoning ordinance related to improper storage. The Fire Department has documented through photographs that improper storage had continued up to the actual date of the fITe. The fire investigator has commented that there was an unusually high quantity of storage in the building as well which can best be described as "hoarding". The building has not been occupied since the fire. Refer to the Fire Investigation Report which is attachment #8. A county inspector spoke with the owner's son shortly after the fire and advised that the building was required to be boarded to prevent entry. This was accomplished in a matter of days but, since that time the owner has failed to maintain the security of the building and several complaints have been received concerning neighborhood children entering the structure at various times. Reports were also received from the Police Department confirming this matter. On multiple occasions county employees returned to the site and re-attached the boards that had been applied to secure the building only to have them removed again by persons entering th~ building. The owner obtained a building pennit to repair the fire damage on March 12, 2003 but no inspections have been requested for the repairs and the pennit is currently subject to suspension due to inactivity. Prior to requesting the public hearing, a courtesy letter dated February 2, 2005 (Attachment #4) was sent to the owner stating that no response to the original notice had been received and the County was proceeding with the abatement process as described in the official notice. We received a phone call from the owner's son a few days later. We discussed the matter further and advised that if he would get a plan submitted within the next several days we would recommend that the issue be tabled. He stated he would submit a plan but as of this writing no plan has been received. TopographyNegetation - Property is relatively level and is improved with the single family residence that is the subject of this report. It is bordered on the north by Colony Lane, on the south by Route 419 and on the east and west sides by similar residential properties. This property and adjoining properties are zoned R-1. Surrounding Neighborhood - This is a very pleasant neighborhood with small to medium sized homes that are well kept and in generally good condition. Most of the homes in the immediate vicinity were built in the mid to late 50's and are assessed with a value of$110,000.OO plus. The property identified in this report is currently assessed with a value of$58,700.00. The Real Estate Valuation Office reports that adjustments have been made to nearby properties as a result of the ongoing issues with this property. 3. PLAN OF ACTION Staff has prepared a plan outlining the steps we believe that are needed to return this property to a useable condition. The plan is included as attachment #5. 2 8-2 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property has a designation of Neighborhood Conservation in the current Roanoke County Community Plan. The objective being to preserve and enhance the existing character of established neighborhoods. Returning the property to a viable use as a single family home is in compliance with the objective of the plan and current zoning. 5. STAFF CONCLUSIONS The property has a long history of code violations and has been the subject of many complaints as well as prior legal action by the county. The property has remained donnant since being substantially damaged by fire. The property has remained both an eyesore and a safety hazard to the neighborhood for over two years. The property should be confirmed as blighted and a recommendation made to the Board of Supervisors to implement the correction plan as prepared by staff. List of Attachments: 1. Notice of Determination of Blight. 2. Receipt for Certified mail. 3. Notice returned "unclaimed". 4. Notice of Failure to Respond 5. Blight Abatement Plan 6. Chronology of Zoning Violations 7. Chronology of Enforcement Activity 8. Fire Department Report 9. Roanoke County Spot Blight Abatement Policy CASE NUMBER: PREPARED BY: HEARING DATES: Joel S. Baker, CBO, Roanoke County Building Commissioner PC: 03/01/2005 BOS: 3 I Attachment 1 I 8-2 (!JuunflJ nf ~nnnake DEPARTMENT OF COMMUNI1Y DEVELOPMENT DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS PLANNING & ZONING STORM'NATER MANAGEMENT DIRECTOR, A~NOLD COVEY ASSISTANT D1RECTOR. GEORGE W. SIMPSON. III. ~E. CHIEF PLANNER. JANET SCHEID Notice of Determination of Blight and Request for Plan of Correction Property: 3821 COLONY LN Tax ID: 077.18-02-20.00-0000 Owner: SHELTON, BARBARA N Owner Address: 3821 COLONY LN SW. ROANOKE~ VA 24018 Date of Notice: November 30. 2004 The above referenced property has been determined to be blighted as defined by the Roanoke County Spot B1ight Abatement Policy. The following conditions are specifically identified as constituting a blighted condition: · Building has been vacant and/or boarded for at least one year. · Potential Trespass - owner has failed to take adequate measures to prevent access · Nuisance to Children - open basement · Substantial Dilapidation - structural members have been exposed 10 the weather by removal of roofing. sheathing and/or sjding~ · Repeated violations of county ordinances involving property use or maintenance Per the policy. the owner is required to submit a written plan of correction to the Building Commissioner within thirty (30) days of receipt of this notice. The plan shall include a site plan identifying the blighted property and must detail what measures win be taken to correct the blighted condition. The plan must also indicate a de1inrte date of completion which cannot exceed a period of ninety (90) days. Failure to submit the required plan or complete the plan vtithin the required 90 days will result in the county institu1Jng legal proceedings which many include but are not Hmited to the following: · Penorming the necessary work and placing a lien on the property.. · Having the property declared a public nuisance · Condemning the property and instituting eminent domain proceedings to take possession of the property in order to correct the blighted condition Your immediate attention to this matter is required. Please submit your correction plan to this office as soon as possible. Any questions you may have regarding this matter should be directed to the Building Commissioner. Joel S. Ba~er. CBO Building Commissioner P.o. BOX 29800 · ROANOKE. VIRGINIA 24018 · PHONE (540) 772·2080 · FAX (540) 772-21 DB @ Recycled Pap9r 8-2 :",. P-.\ .--'~ \.1 I " . .' '. , . , . .~} .t . ?t.:~J Attachment 2 Certified n,1aÎl Prß"¡.Iide~ .~,. .P~ \'_J". .' II A niei1iïig ~t .. [' ./ (11S'~a(.aëJ ë:oœ eunr l(t~.~ Sd SI i'unic:,ue rd~nti:iiår for your fnèilpie.Cé =: A re~~ ö~ del~v~ Jr£Pt by the Postal Set\We for two ÿ!=års im~Drtänt Remiriders: . ... . . Ceriiñed fJlañ rrd)f ONLY be -comb:ned v:ith F1r~-Class rv1a.i~ or ?rioíity Man~ . Certmed r~fan ;s rd' avaHabJe for any c~ass of international man. s' ¡\)D IN SU?,Ar-,}cE. CDVEF\AGE IS PROVIDED wñ.h Csrtõ¡ed ¡-.naiL for valuables) please. coosder InS"...rred or P~gi$i;erSd Mail ê For art additional fea s,' Re.turn Re~aiD!" mày be íSaUested to p¡miös proof of daÍIvarl/'. ïo ,obtain Rebrn Receipt S~-a., please ocfnpete and a1tach s, R$~ul11 Fjeœ;pt {PS ,Form 36~1) to. the, arJcle and &åd s:pplicab1ê postage tq ~sver 1ha fe.g. Endorse maitDiSc$ "'Return Recetpt Requeslea"'t. To recëh.le a tee; ..·.rawSr fot a dupiicåe ~m' rer-..eipt! a USPSé: postrr'1ark on'your C~rtiñ;d Maii r9!:eipt is requhed_ I!: Fot an addltlcmal f~ deUvar( may t,e f~ri~d to the addressee at addrssses··s aU1f1orli.sd 2oen"t Advise the dérit or mark thB mailpiete wifu the s.nd~r:;-ement ØRestri~ed7Jeliva,'Y·. t!. I( a postmark Qn the Certffied t...4àD ~c~lpt ì$ ð5str:rd" ple2se .present the er"d- ds' 8.t the P='st cffiçe fOi posl1'tta.rklng. tf a postrrjark on the Certïi~tj Mall receipt Is not neededJ detsch and affix iabet w!!tt pDstage änd mi!;fI. U;JJPORTAN"t: Save this re.ceipt and prase.m. It when makino. an rnt¡uiii. mternet atcess to: delivery infDrmation is Rat !1!"snalJle Dn mail ãl1dréssed to APo.s and FFOs. ...+. . . ... + ~ ++ ... . . . . . . + .. ~ - . ,".... ,... + . .. .-~..: u.:· '_ ~~:.. ~~.;.~~ ;. ;:... .~... f". .;::~ <:.+!;-.:~ "';"~::.:-,;:. =~ __ -:-i=:': . : = ~ . ,,~,tIT~~;~~:7~::'~:~~~;:;~~ ., '.'-' -":--:?~:i:~~~~i~:~~~~i'~:~:~~;~~~~'-~-~' ~ . . _.~ , ,~"r' . ."- . .. 8-2 ~.:; v '; .. :;¡ -:: .,.. . -..I 00 ..." '" (' .. . ;.. r" ........<f>~. - . - .... =. G ,- --.., .I . :: -. ie. ~ I- u: :·J.~·:¡·1 ~ '.~~ ~ J,Þ I r / '~"=I ,;:- - ---....., /~-~ .-, . D' Å r3 ~I ""¡. ~ c::J -1] -1] - ~ ,J:$ o = ~ o ~ G:I C) i- .... Z 0 UJ cD u.~ ;; oog~ ....trl~< Z>N_ UJuJxZ ~coa (!>m~ Q:~O> UJ5c:ui o~ ~ ~ 0 o ~ o 0 a: '+-t o ~ ~ .... ... :: o ~ ¡Attachment 3 ~ ~ '~~ ~.. c~~\ ( ( rn a ru c::J D D C LI1 r- c § a: LU ~ ..... 0 )( Q Lu Co? '" iLl ~ .....0: Co?:e~~ cJ tZ~:=qQ $ ..... C::~"'Co?a: ,. ~:w:t?~~ (5 cc.....I.U-.la: --- .....o.cz:t.a:to IJ :t::t::e<1.&. c::: LUQ~ffio ~~:z:::~ ? &.I..a-t.)-..l-..l ~:E::;,~a:a "J~CI)t-~ ==~~~=:' 0000 O~ .:r c c r- IAttachme~t 4 8-2 Qlnunf~ of ~nannk£ DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPINGfGIS PERMITS PLANN ING & ZON1NG STORMWATER MANAGEMENT DIRECTOR" ARNOLD COVEY ASSISTANT DIRECTOR. GEORGE W. SIMPSONI IH, P.E. CHIEF PLANNER. JANET SCHEID Notice of Failure to Respond Property: 3821 COLONY LN Tax ID: 077.18-02-20.00-0000 Ovmer: SHB..TON, BARBARA N Owner Address: 3821 COLONY ~ SW, ROANOKE, VA 24018 Date of Notice: February 2, 2005 On November 30) 2004) a notice was sent to you via certified and regular mail and a copy was posted on the property in question. That notice required that you respond within 30 days with a plan to correct the blighted condition identified on the property. A13 oftocÎay, February 2) 2005 no response of any kind has been received by this office.. As described in the notice the county will now proceed to take the necessary steps to abate the problem. I have requested a public hearing by the Roanoke County Planning Commission to review tbe facts and make recommendations to the Board of Supervisors concerning final disposition of the property. Shou1d the commission decide to hold said hearing, you will be duly notified so that you may attend and present any evidence you may have as to why the county should not proceed with the spot blight abatement process. Once again, any questions you 1nay have should be directed to the Building Commissioner. Joel S. Bakert CBO Building Commissioner P.o. BOX 29800· ROANOKE, VIRGINIA 24018· PHONE (540) 772-2080· FAX (540) 772..2108 @ Recycled Paper IAttachment 5 8-2 Blight Abatement Plan for 3821 Colony Lane To assist in this decision making process, Code Enforcement staff has developed a work plan to complete all work necessary to return the property to a code compliant condition. An alternative, consistent with the spot blight program, is for the County to purchase the property if it determines that the purchase is necessary to abate the blighted conditions, VJith the cost of abatement to be recovered from the sale of the property. 1) Inventory, document, pack and remove all personal belongings in the property and remove to a county storage facility. 2) (Alternative) Rent one or more storage lockers to store personal items for a period not to exceed six months at which time the owner would resume responsibility for the payments. 3) Have independent engineering finn evaluate structural members for integrity and provide \VfÏtten report. 4) Have independent engineering finn evaluate all plumbing, mechanical and electrical components and fixtures to determine code compliance and operability. Repair/replace as needed 5) Clean and sanitize interior of the structure. 6) Repair damaged structural members. 7) Have masonry contractor point up, repair and/or replace damaged brickwork in foundation and exterior veneer. 8) Replace all broken windo'WS and re-install glazing. 9) Replace damaged roofing sheathing and shingles. 10) Restore interior flooring. 11) Replace insulation and wall covering. 12) Patch, repair and paint all interior surfaces, woodwork and trim. 13) Clear gutters and down spouts of leaves and debris. 14) Repair, scrape and paint exterior surfaces. 16) Replace\repair all exterior doors 17) Exterminate entire structure and remove all debris from the property. · - - .. IAttachment 6 8-2 Shelton Property 3821 Colony Ln -----------------------------~---~------------~~--~------~------------------------~-~----~----- Field inspection/letter: No\,4. 1985 Order to Correct: Nov 4, 1985 General District Court: Feb 3, 1986 COURT HE~~NG CONTINUED: 2/3/86 (Illness) COL'RT HE..;\.R.ING CONTINUED: 2/19/86 (With Warning to Property O\vner) General District Court: Mar 26, 1986 COt:RT HE.~RING:·2J26/86 ($100.00 Fine & 90 days for payment) FINE PAID: 6/26/86(No Corrections) Ne\v Charges instituted: 7/15/86 Order to Correct: Jul 15, 1986 Field inspection: Iul 29~ 1986 General District Court: Sep 1 O~ 1986 COURT HEARING: 9/10/86 (Another $100.00 Fine & 90 days ror payment) Field inspection/Jetter: Sep 16. 1986 General District Court: Oct] 5, ] 986 CO'L~T HE..~NG: 10/15/86 (Show Cause Order for 10/29/86) COURT liEAR1NG: 10/29/86 CONTINUED TO (] ]/12/86 - Fan1i]yDeath) Genera] District Court: Judge Harris, Nov 12, 1986 COURT HE..a\RING: 11/12/86: Extension granted to 12/12/86 Field inspection/l& 1/2 of 4 items met: Dec 16, 1986 COURT HEARlNG: 12/17/86: Contempt of Court: 2 days in jail or $1000.00 appeal bond Field inspection: Jan 17, 1987 (Court requirements still incomplete) Circuit Court: Jan 20.. 1987 (?) Circuit Court: Feb 12. 1987 COURT HEARING: 2/27/87: $150.00 Fine, Suspended Jail Tinle Field inspection: Aug 17~ 1987 (Unlicensed vehicle) 8-2' Shelton Property 3821 Colony Ln ------------------~----------~----------~--------------~---~~--~~~~--~-~~-~~-~----------~~--~~- March 1 990 Through July 1998 Three violation letters: May 15, 1995 Feb 9, 1998 May 6, 1998 I , \ ( (( ¡Attachment 7 I 8-2 Shelton Enforcements: 1999 - 2005 Complaints received by phone during 2000-2001 Initial enforcement actions involved education, and service support. This was done during visits to property and by phone requests to Roanoke County General Services Department for bulk waste scheduling/freeloader trailer scheduling. Additional service assistance included the provision of a dump truck and loading help from a Roanoke County Community Development Department crew in February of 2001. The result for the neighborhood was that the property ovvner occupant did not appear to be motivated to maintain or continue improvements to the property and the conditions; deteriorated to an unacceptable level. Examples of these problems included like trash, debris and outdoor storage of household goods. A concerned neighbors or community meeting was held at Cave" Spring Fire Station: August 2001. Discussions were held V\lÏth the neighbors and V\lÏth Roanoke County Planning and Zoning Staff and with Roanoke County Health Department staff. A deteIDÚnation was made at that time to work together to improve the property. Inspections occurred during August and September 2001 (including the listing below) Date reported: 9/24/2001 Date inspected: 9/24/2001 Tax map number: 077.18-02-20 Address: 3821 Colony Lane Name: 1\1s. Barbara N. Shelton No response from property ovvner; court action planned for November 2001 Contacted neighbors for available court dates; 1 complaining party had moved, 1 party did not want to be the only one to testify) and the third neighbor would not respond to multiple phone messages left at home. Legal actions postponed A new round of complaints received by Roanoke County officials during early 2003 and a new inspection schedule was set up. Roanoke County continued to encourage the cleanup activities. The county's General Services Department provided a freeloader trailer for February 26, 2003. On February 6, 2003, a fire occurred at the address of 3821 Colony Lane, the home of Barbara N. Shelton. The Roanoke County Community Development Department crew provided service assistance to the fire cleanup with the provision of a dump truck on March 7 2003. 8-2 Shelton Enforcements: 1999 - 2005 Page 2 InfonnatÎon became known in the neighborhood regarding the FebruarY 6, 2003 fire and that was that there was no insurance policy to protect the property ovvner and provide for repairs to the structure. Not only did repairs not occur to the property but the debris and outdoor storage of household goods continued An official letter of violation was sent by certified mail on June 17, 2003 and cow1 action was initiated on July 17, 2003. The case was scheduled for August 21, 2003. General District Court granted a 30 day extension to get the property cleaned up and the case was scheduled to be reviewed on September 22, 2003. The review of the case determined that the property was still in non-compliance and 1\15. Shelton was found guilty and ordered to pay court costs and a fine. General District Court decision was appealed to the Roanoke County Circuit Cow1 and the case was scheduled for November 18, 2003. Circuit Court took the charges under advisement and granted an extension to get the property cleaned up and the case was scheduled to be reviewed on December 16, 2003. A second extension was granted as a result of the review on December 16, 2003 and a final review set for January 20, 2004. One of the charges was dismissed because of compliance and the other two charges were merged for the final review in January 2004. ( ! Inspections of the property indicated that the all materials were stored inside and/or removed from the premises and that the debris materials had been cleaned up. The property was in compliance but a guilty verdict was rendered and a fine would be imposed if the property was to become non-compliant in the next year. (/ ..\ IAttachment 8 I Mo do , , .~ -: ~(i- f ßO¡mt' 'f ';:^~~f:a"~' :¡Df 1 :t ·f--~I:im(· '..:/' 'j _, ~i ~/., _..-!:,,~:~ ....J ,:,~. _..,,':¡ Q~~ ::.~: .,¡~ ..~J~"....t ,'~,. ,_~L ~ .._J __.oJ. ,h",! To: From: Date: Re: Joe1 Baker - BtÛ]C}j11g Official Gary D. I-Iuffil1an - Fire T\.1ars]1al f'ebn.illry· 17~ 2005 3821 Colon)! IJ1cident Joel! I ha\.'e attacheD a copy of the origi.n,a] report and son1e photos. The address is 3821 Colony and the incident occurred 011 Feb. 06, 2003. The investigator that \\:as on the scene ofihis fire, David Olap]in7 no longer is enlploy-ed '~\litb us. I11ad t\\'o addjt.iollal llT\restigators go to tllÌs Ì11cident 3..Lld 've. have c11anged the c.aus.e offue rlIe. The p-hotos c.learl)[ s-upport our find.ings. T'he ñre simted fi·on1 al) e:",re left on tÌ1-e s.tove. It exten.d.ed into the cabine.ts and then into the atiic. Tt burned illTOUgh the root It \vas also noted that ùle h,Quse had a huge fuel load and could best be describe.d as h.oarding. r (t l I~.~~~,,',~".I 'I ~w' l "~; fI ~ ", ".JJ J$ ~/ ;) --'7j /i fj"' If ,!..r ,/~ :i~ (" r ! ~.;¢l': ROANOKE COUNT'{ FiRE AND RESCUE DEPAR,Tl\~ENT DIViSIO~4 OF F"IRE PREVËNT~ON; FIRE (t~"!EST~GATiON REPORT ( " \ . [DENT NUMBER: {}')O/Q)".3q DATE: ;;/G."/O.5 ALARM liME: t{)LddÇì ;ATfON OF ALARM: 3i?à\ (ùLO"'f\,~ L,O-r,^,-~ \ R0Q\A.u)!U? I Vi\: ~74Cl8 -ErTIME OF INVESTIGATION: J.!ú:!O.] REGULAR HOU~S: ~ . CALL BACK: ~Rr'/dFfRE DiSCOVERED/REPORTED BY: ~bbu: (¡b('\r,-r"ruU\ T 1,JQ.t+- ¿~~)~- k~Q~~~~}.<~, \ " t.-! )RESS: .315(.5;- ~'1. I~(F-b--( . \~~I;:: TELEPHOt~E NUMBER: )PERTY STATUS: .s~~ -{o....."'^-; ~ {~~~ àW"A~\~ \ NER: &rÌcD,~ SU\.~", ADDRES~: 38J. \ ~ hOJ.rJ¡ ; f¿C[)WJ.;úh ,EPHONE NUMBER: Home: ~s: (~Ü ~. :IAL SECURITY NUMBER: DATE OF BIRTH: ~. ~U?ANT~ O(h~ Ø¿0t:b~1'¡ ADDRESS: 3 go)., ~b,,'1 J-,CA'hÞ ! r;¿O~JDfcr? .EPHONE NUMBE~: Home: I CL"-t-a..v..bSh:~-) Business: (¡8'fiJ 0 lel) :IAL SECURJTY NUMBER: DATE OF BIRTH: ~E OF CO~JSTRUC'T~Ot4: Heavy Timber Construction : r'Jon-cor11busÜb-1e/Lim ¡fed Combustible V; NU~,~BER OF FLOORS: I Ord inary Construction ; VVoöd Frame Construction "¡ICLE: JJ-( A- Ef~SE NO~ )'EAR: MAKE: tJiOD-EL: VIN #: COLOR: JPERTY STATUS: Occu-pÎ-ed ~: Vacant FORCIBLE Et~TRY: Yes ; No V :ATJON/AREA OF FIRE DEPARTMENT FORCIBLE EN~RY: fJl A . l R t 0 \ ' tf) r \ '; =A 0 F FIR E 0 R t G l Î'-J: ~. " '-" \ ~r...r ~J'-Q..r" G~ ~~ \,lù '- iV\ ,%-.t. c: <L ~ V\.r'\.A ç lNTOFFIREORIGtN: {'(~~l~-,- - (r~ C-bOL~. "{O..J.V. £~\'t-J \~.jQ~.o b'fr-vV\ÌrlA' USE CIF, F1RE: 'SÌ-\.C<\.- Gl(~ ' (Š~~ J- s) ~ Jl~. Cu..;.r.....O 0-.. -~ 1 1 C. t ¡URANCE" COf\l1PANY/AGENT: ~ú I~JU("CvV\\~ f , TELEPHONE NUMBER: rD." ð...ç..~ / &w~.à & ;'\-..\:..0 1·1 ~ G I t TrMATED PROPERTY VALUE: ~~?¡ 100 ESTIMATED LOS~: $40; ova, MMENTS: OD'NJ\' L:c'~ ~,rJ /. .iD @ qS-S-S' hc~ Lh-.....~ 6-', ðv...\-\-- M4-t 'g ''3 -PC...- 0 td ()~J~~v./~ O.JJ:i 0b k ~ ''/I~ U ~ i l'..-"Ú/œ bct:.~ iO 6 Is- [,,, <"'.s. ~-J ..ç:'~ ,v-., . k \ \¿'f&V\ 0'.-'\ .-Çí,JJ x- ~("v. -~f:o..\.rL e..~~ \);. (!U~.,.. &.-k.~ Q..^,~ Dulbf' bû~~.\,..l S -~,w-( t\ ,e,' ) \ t r- .... ("- \..... ' \ Œ~--\ l;~-.Q..,v'-"\: l~ (Jc~'~~ .s \~. GoJ..j o/Q ~ {.,~. \~ t ). '- ¿'\,oQ ~ ÅJ\t"-.. \- DA TE:_ dln/o3 ¡>c t IESTfGA TOR: 8-2 :;~~ ".,., 8-2 8-2 ~~ S~2 ( 8-2 COUNTY OF ROANOKE SPOT BLIGHT ABATEMENT PROCESS PURSUANT TO VIRGINIA CODE Section 36-49.1:1 I. The Department of Community Development receives blighted property referrals from Board members) community groups, other County agencies and citizens. 2. All referred properties are entered into a blightnatabase. The Department of Community Development investigates) begins a file on referred property and makes a preliminary blight assessment. County records are reviewed for a history of violations and complaints. Other departments such as Police, Fire, Health, Planning, Real Estate Valuation and the County Attorney may be consulted as necessary to aid in the determination of a blighted condition. 3. A property can be considered blighted if it meets the standards set forth in Virginia Code Sections 36-49 and 36-49.1:1 and if it meets any of the following criteria: A. It has been vacant and/or boarded for at least one year. B. It has been the subject of documented complaints. C. It is no longer being maintained for useful occupancy D. It is dilapidated or lacks normal maintenance and upkeep. E. It has been the subject of nuisance abatement actions undertaken by the County. F. Any buildings or improvements whic~ by reason of dilapidation~ obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout) or any combination of these or other factors, are detrimental to the safety, health, morals or welfare of the community; 4. The following is a list of potential conditions that may cause a property to be considered blighted under the terms of this policy: A. Condemned structure - A structure on the property has been continuously vacant for at least one year, has been condemned as unfit for human occupancy by the building official in accordance with the Virginia Uniform Statewide Building Code, but has neither been demolished nor repaired by the ovmer as directed by the building official; 8-2 B. Rat and rodent infestation - There is evidence of rat or rodent infestation or harborages caused by conditions 011 the property; C. Previous citations - The property has been used or maintained in a condition which has resulted in the following actions: a. The OVJ11er has been cited on a least three (3) separate occasions because activities or conditions on the property violate state or county laws or ordinances governing the use or maintenance of property, and those activities or conditions threaten the public health, safety and welfare of the community; or b. The OVJ11er has refused to abate one or more violations as ordered by the court or has repeated conduct involving the use or maintenance of property for which the OVJ11er has been convicted of violating state laws or county ordinances in the past. D. Inadequate facilities - The property has inadequate sewage, septic, plumbing, well or heating facilities; E. Potential trespass - If the property is vacant, the OVJ11er has failed to take adequate precautions to prevent the use of or access to the property by trespassers; F. Nuisance to children - A potential attractive nuisance to children exists on the property, including, but not limited to, abandoned wells, basements, excavations or broken fences; G. Fire hazard - Any condition exists on the property that has been specifically identified as a fire hazard by the flIe department or the building official: and H. Substantial dilapidation of buildings or structures as evidenced by either: a. Collapse of either interior or exterior structural elements such as floors, walls, roofs, porches, decks and similar appendages which do not pose a danger to the public: or b. Removal or rotting of exterior siding, roofmg or sheathing exposing structural members to the weather. 8-2 5. The Building Commissioner shall make a preliminary detennination that a property is blighted in accordance with this policy and shall notify the owner by regular and certified lnail, specifying the reasons why the property is considered blighted. The notice mailed to the owner also shall be posted on the property. The owner shall have thirty (30) days within which to respond with a plan that would cure the blight within a reasonable time. Such plan shall include a site plan delineating blighted condition(s) and specifying measures to be taken for the removal of each. 6. Upon approval by the Building Commissioner of the plan to cure the blight the owner shall have ninety (90) days to complete all work approved in the plan. The Building Commissioner, upon acceptance of a performance bond in the amount of the estimated cost of the work, may grant an extension of an additional ninety (90) days to complete work where it is detennined that the owner has completed substantial portions of the work in compliance with the plan and is diligently pursuing completion of all work. 7. If the owner fails to respond within the thirty (30)-day period set forth in section three with a plan that is acceptable to the Building Commissioner, or fails to complete the work approved in the plan to cure the blight within the allotted time, including any extensions, the Building Commissioner; (i) may request the planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the Board of Supervisors concerning the repair or other disposition of the property in question, and if a public hearing is scheduled, (ii) shall prepare a plan for the repair or other disposition of the property 8. The Planning Commission schedules the matter for public hearing. Notice of the hearing must be sent 3 weeks prior by regular and certified mail to: a. owner( s) b. abutting owner(s) c.. civic league or association, if any for the immediate area Notice must include plan for dealing with blight (i.e., teardown, repair, etc.) Notice must also be published twice (with not less than 6 days elapsing between first and second publication). Notice shall also be posted on the property. Hearing must occur within 21 days of 2nd publication. 9. The Planning Commission holds a public hearing and determines whether (1) property is blighted; (2) whether owner has failed to cure blight or develop a reasonable plan; (3) whether plan is in accordance with applicable law and (4) whether property is listed as historic. 10. The Planning Commission reports its findings to the Board of Supervisors. 8-2 11. Board of Supervisors holds advertised public hearing and affirms, modifies or rejects the Planning Commission [mdings. 12. If the Board of Supervisors approves repair or demolition, the Department of Corrununity Development will solicit bids and will carry out a contract to abate the blight. 13. The ovmer of record is billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement, the costs will be collected by any manner provided by law for collection of state or local taxes. A lien shall be recorded to recover the County's costs and expenses. 14. lfBoard of Supervisors detennines that it is necessary to acquire property by eminent domain in order to cure the blight, the matter is referred to the County Attorney's Office for condemnation suit. 15. Throughout the entire process, the Department of Community Development continues to work with the owner to gain voluntary compliance to eliminate blight. 16. Unless othervvise provided for in Title 36 of the Code of Virginia, if the blighted property is occupied for personal residential purposes, the county, in approving the plan, shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by the county of property which has been condemned for human habitation by the local code official for more than one year. In addition, the county, in exercising the powers of eminent domain in accordance with Title 25 of the Code of Virginia, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the fmancial means of such person. 17. In lieu of the acquisition of blighted property by the exercise of the powers of eminent domain as herein provided and in lieu of the exercise of other powers granted by the Code of Virgini~ the Board of Supervisors, by ordinance, may declare any blighted property to constitute a nuisance and thereupon abate the nuisance pursuant to state law. Such ordinance shall be adopted only after written notice by certified mail to the ovmer or ovmers at the last knO'WIl address of such ovmer as shown on the current real estate tax assessment books or current real estate tax assessment records e ¡:~(>i:~' S- 2 -.~";.t .. . '~.:.. . .-., ...~ í?i~ 'c?- iLiiii;~L Q) c:: ca -.J ~ c:: o o Ü ~ N co C'i) ........ c: Q) E C- o Q) > Q) o ~ ~ c:: :J E E o ü ~ o ........ c: Q) E ........ L- eo a.. Q) o -2 //~ 077~ 18-02-40.00:-0~OO 077.18-02-41.00-0000 1····....--1.1 I L-~ _ _ _ _ _ 07,7. 18-02-42.0Q,-0000 i L_._ J 077.18-02-43.00-0000 ---- ¡' '... _~:::~:. _____---..-í . --.- -'- -. ----- ---- ------- -- ~-_.-...".,-- \ ; .-' Colony Lane '. Site .- '--.=-; ...-." "---...- -. --.-. -...- -..... ....... - ....-......... ~ ,..... -.....~ ,... -- --..- -. .---- -. --'-.. - -... ·--h_ __ _ . ·07.7.18-02-22.00-000? ---~\ j---1 077~18-02-21-.00-0000 -., . ~ ! -~....~ _i ----.... AA A ., .../ ".. .~~...".,...- .-,. --------...... ') 087-.06.:04~0.00-oqoo H ,\ /,./ .. ........ ...., __ 077: 18-05~02. 00-0000 -.- ------------- ..... --- ~.....-............. ·-1' . -- ..'''' ..... ..... - ...~..--. ._- - - Applicants Name: Shelton Residence Tax Map Number: 77. 18-2-20 3821 Colony Lane Magisterial District: Cave Spring February 3, 2005 Scale: 1 "=50' Roanoke County Department of Community Development 5-3 PETITIONER: GASE NUMBER: Fralin & Waldron 11-5/2005 Planning Commission Hearing Date: Board of Supervisors Hearing Date: June 7,2005 (Continued from May 3,2005) June 28, 2005 (Continued from May 24, 2005) A. REQUEST The petition of Fralin & Waldron, Inc. to rezone approximately 50 acres from AG-3, Agriculture/Rural Preserve District to R-1, Low Density Residential District for the construction of single family dwellings with a proffered density of approximately 1.3 dwelling units per acre, located northwest of the 5800 block of Crumpacker Drive and 6200 block of Apple Harvest Drive, Hollins Magisterial District. (Continued by request of the Planning Commission) B. CITIZEN COMMENTS Ken Blackman, 5716 Fieldview Drive, commented that he has had problems with drainage, sediment control and erosion on his property in Cortland Meadows caused by run-off. Alan McPherson, 5911 Windcrest Drive, commented that he is concerned with traffic caused by the proposed development and access to the site. C. SUMMARY OF COMMISSION DISCUSSION Mr. Thomason discussed storm water detention with the petitioners. Mr. Jarrell and Mr. Azar asked the petitioners if they had any other plans to develop the remaining Crumpacker acreage. Petitioners stated that at this time they have no plans to develop the remaining 153 acres and commented that the land use designation on that property of Conservation was appropriate. D. CONDITIONS 1. Total lot subdivision count will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of The Orchards", dated March 23, 2005, prepared by Lumsden Associates, PC. E. COMMISSION ACTION(S) Mr. Gary Jarrell made a motion to recommend approval of the rezoning. The motion passed 4-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 2 8-3 STAFF·. REPORT Petitioner: Fralin & Waldron, Inc. Request: Rezone from AG-3, Agricultural to R-1, Low Density Residential Location: North of Apple Harvest Drive and Crumpacker Drive, "The Orchards" Magisterial District: Hollins Proffered/Suggested Conditions: 1. Total lot subdivision count will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of The Orchards", dated March 23, 2005, prepared by Lumsden Associates, PC. EXECUTIVE SUMMARY: This is a request to rezone 50 acres from AG-3, Agricultural to R-1, Low Density Residential. The land use maps designate this property as Neighborhood Conservation and encourage low density single-family residential development. Petitioners have proffered a maximum of 65 houses. This equates to a density of 1.3 units/acre. 1. APPLICABLE REGULATIONS 1. Site plan review shall be required. 2. R-1, Low Density Residential Section 30-41 of the Roanoke County Zoning Ordinance shall apply. 2. ANALYSIS OF EXISTING CONDITIONS This 50-acre tract is a portion of a larger 237 -acre tract that Fralin & Waldron is purchasing. The 50-acre tract is currently vacant. A majority of the property is rolling fields with the northwestern and southern portions being wooded. Based on the slope maps of Roanoke County, the 50-acre portion of this tract is significantly less steep than the remaining property. The 237 -acre tract extends to the ridgeline of Read Mountain and has approximately 3,000 feet of ridgeline along the northwestern border. At this time, Fralin & Waldron has no development plans for the remaining acreage. This property lies adjacent to the existing "Orchards" subdivision - a single-family residential housing development that has been in development since the 1970's. It also lies to the east of the existing "LaBellvue" subdivision. 3. ANALYSIS OF PROPOSED DEVELOPMENT Petitioners are proposing to build a maximum of 65 single-family houses. Ciderhouse Drive, a public road, would be extended into this new section of "The Orchards" and two new public roads constructed. All roads end in cul-de-sacs with no access through to the streets of the "LaBellvue" subdivision. Access to this new section is limited to a single access point on Ciderhouse Drive. Total new traffic generated by the proposed development is approximately 700 trips/day. Huntridge Road is capable of adequately handling the proposed trips to be generated by this project. The intersection of Huntridge and Rt. 460 has qualified for a signal light and VDOT is currently working on obtaining installation funding. 1 8-3 A Western Virginia Water Authority water tank lies within the boundaries of the new subdivision and the developer will require an easement across this property. Water and sewer services are available to the proposed development. No impacts are expected to police, fire or rescue services to the proposed site. Petitioners are not anticipating work on this new section to be commenced for at least one to two years. School children generated by this proposed development would attend Bonsack Elementary and William Byrd Middle and High Schools. Bonsack Elementary currently has a capacity of 400 students and an attendance of 470 students. In June 2006, construction will begin on eight new classrooms. This construction project is scheduled to be completed by the end of August 2006. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The land use designation of this property is Neighborhood Conservation. This designation encourages the orderly development of single-family residential. 5. STAFF CONCLUSIONS The proposed rezoning conforms with the newly adopted Roanoke County land use plan and is a logical extension of single-family residential development. The timeline for developing this new section of "The Orchards" fits in well with the planned expansion of Bonsack Elementary school. The installation of a traffic signal light at the intersection of Huntridge and Rt. 460 will improve the flow of traffic at that busy i nte rs e ctio n . Petitioners have proffered the following: Total lot subdivision count will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of The Orchards" dated March 23, 2005, prepared by Lumsden Associates, PC. Project File: 11-5/2005 Planning Commission Hearing Date: June 7, 2005 Board of Supervisors Hearing Date: June 28, 2005 Submitted by: Janet Scheid Date: May 31, 2005 2 .............. I'· ill I II:.·, .' FRALIN AND WALDRON, INC. 8-3 May 10, 2005 Ms. Janet Schied, Chief Planner COUNTY OF ROANOKE Department of Community Development P. O. Box 29800 Roanoke, Virginia 24018 RE.: CRlJMP ACKER PROPERTY 50 ACRES/ PORTION OF COUNTY TAX MAP NO. 039.00-01-01-0000 Dear Janet: On behalf of Fralin & Waldron, Inc., contract purchaser and applicant for the above referenced property to be rezoned from AG-3 to R-l, we respectfully and voluntarily proffer to the County of Roanoke, the following condition(s): Total lot subdivision count will not exceed 65 lots and will be generally consistent with the sUþI?itted, '~'.Conc~ptPlan Showing Future Sections of The Orchards" dated March 23, 2005, ,prepar~~tby Lumsden Associates, PC. The property owners of record also hereby acknowledge their consent with the above stated proffer. ~mu,1I1 ~~/ß· fJ4¿J1~ c. ß~~ 'ames M. Crumpacker, Jr. Jea .-Brown [)JiHK-) C. ~?l6õiu Debra C. Moore _. Please note the proposed density is approxin1ately half of the adjoining Orchards densities. Do not hesitate to contact me with any questions you may have, or if additional information is needed to clarify the above statement. Sincerely, ..W; tIl~ Steph~.. cla~:f. · . Vice President":":D.evelqpment '.., , . SMC/nlm Cc: Alex Saunders, Esquire (Counse1 for the Crunlpacker Family) P.O. Box 20069 · 2917 PENN FOREST BOULEVARD, S.W. · ROANOKE, VIRGINIA 24018-0503 . TELEPHONE 540-774-4415 . FAX 540-774-4582 8-3 County of Roanoke Community Development Planning & Zoning For Staff Use Onl 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAJ( 540 776-7155 ALL APPLICANTS Received by; Check type of application filed (check all that apply) XrRezoning 0 Special Use 0 Variance o Waiver o Administrative Appeal (540) 774-4415 Applicants name/address w/zip Phone: F~alin ~ W?14E9n, IPS- Attn: Steve 1 Wo~: P. 0 _ Bôx 20069' . Ii C aytor Cell #: Roanoke, VA 24018-0503 Fax No.: (540) 774-9328 Owner's name/address w/zip Phone #: ,Ja111es M. Crumpacker, Jr., Jean C. Brown, Work: DëbiciI C. Moore Fax No. #: -c/o "31,45 -Links Manor Dr., Salem, VA 24153 Property Location nort-h..w~J -t 0 -f Magisterial District: Hollins S80D 0 io~ Cr(/hr-fo.dc....-D~ Ær-tl... 6.J.A? 0 /.0 DL. ! ~ Ì) r. Community Planning area: Tax Man No.: Portion of 039_00-01-01..o0~"(:)()OO Existing Zoning: AG3 Size ofparcel(s): Acres: 50 Existing Land Use: Vacant REZONING SPECIAL USE PERMITANDWAIVERAPPLICANTS (RISIW) Proposed Zoning: to R-1 Proposed Land Use: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes X1 No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes:K¡ No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No 0 VARIANCE, WAIVER AND ADMINISTRA TIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal 0 f Interpretati on 0 f S ecti on( s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA RISIW V/AA RISIW V/AA rn Consultation Eii 8 1/2" X lIlt concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining pro~rty owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. 1='" ~~ ~ \Jç..,~, :r::;1': ~ srgri~~~d'~ ~ M. «l;-fut - ~P..,. ~. ZS,ò;Ç 2 8-3 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR W AIVERREQUEST Applicant Fralin & Waldron, Inc. The Planning Commission will study rezoning, special use pennit or waiver requests to detennine the need and justification for the change in tenns of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The subject site is suitable for low-middle density residential development, due to its proximity to similar zoned property, its topography, arid the'· -" a~ailability.:öf ~~ublic·'ùtilities and streets. This request will allow for the logical extension of these features to permit single family development. The newly adopted Community Plan supports this request as this area is identified as residential. 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This request complies with the County of Roanoke's newly adopted land use maps showing the subject prop~rty as Neighborhood Conservation. 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/s~wer, roads, schools, parks/recreation and fire and rescue. Impact on the subject property will include excavation work, including utility installation. Impact of this work on adjoining property is expected to be minimål~: This request will have a limited impact on schools, fire and rescue, as well as parks and recreation. 3 8-3 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building penn it. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use pennit or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Di vision staff ma exem t some of the items or su est the addition of extra items, but the follow in are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights l. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature~ant#t -tfFz s.. 25.. 0:;- Date 6 8-3 Planning Commission Application Acceptance Procedure The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if the new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. Petitioner's Signature: 5~~ aI- WcJkW\ ,:s;:..l.. ~ tt:· tt Name of Petition: Date: 8 ............. rf:;'~111 1;-' I P 'Iii j FRALIN AND WALDRON, INC. 8-3 HAND DELIVERED March 25,2005 Ms. Janet Scheid, Chief Planner COUNTY OF ROANOKE Department of Community Development P. O. Box 29800 Roanoke, Virginia 24018 RE: CRUMP ACKER REZONING APPLICATION 50 ACRES/A PORTION OF TAX MAP No. 039.00-01-01-0000 Dear Janet: Enclosed, please find a complete application requesting a rezoning from the current AG-3 designation to R-1 for the above referenced property. Also enclosed is a check for $1,415.00 ($415.00 + $1,000 ($20 x 50.acres). We believe this request is a logical continuation of R-1 development at the Orchards. This request is also consistent with surrounding zoning, and is in compliance with the County's newly adopted Community Plan. Please contact me immediately with any questions, comments, or if additional infonnation is needed. We look forward to working with you and your staff on this request. Respectfully Submitted, tv1. trlh Stephe M. Claytor- ! . '- Vice President - Development SMC/nlm Enclosures Cc: Stephen Lemon, Esquire Tom Dale, Lumsden Associates, PC p.o. Box 20069 · 2917 PENN FOREST BOULEVARD, S.W. · ROANOKE, VIRGINIA 24018-0503 · TELEPHONE 540-774-4415 · FAX 540-774-4582 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 8-3 OPTION AGREEMENT THIS OPTION AGREEMENT is made this~ day of November, 2004, between FRALIN AND WALDRON, INC., hereinafter referred to as the "Optionee" and JAMES M. CRUMPACKER, JR., JEAN C. BROWN and DEBRA C. MOORE, hereinafter collectively referred to as the "Owner." WITNESSETH: That the Owner, for and in consideration of the Option Price (as defined below) and the exchange of covenants hereafter set out does hereby give and grant to the Optionee and it's successors or assigns the exclusive option to purchase all that certain plot, piece, or parcel of land identified as a 237 acre, more or less, tract located in Roanoke and Botetourt Counties, Virginia identified as Roanoke County tax map #39.00-01-01 and shown on Exhibit A (the "Property") attached hereto and incorporated herein by reference, subject to the following provisions and terms: 1. Option Price. (a) Optionee agrees to pay to Owner an amount equal to $18,000 (the "Option Price"), receipt of which is hereby acknowledged, as consideration for the Owner granting to Optionee the exclusive right and option (the "Option") to purchase the Property upon the terms and conditions set forth in this Agreement. (b) If the Option is exercised, the Option Price (including any additional funds paid to extend the Option Period in accordance with Section 2(b)) will be applied to the Purchase Price (as defined below). If the Option is not exercised, it is agreed as follows: If Optionee elects to terminate the Option within 90 days of signing this document, the entire $18,000 fee above shall be returned to Optionee. If Optionee fails to terminate this Option within 90 days following the date of this document, but then fails to exercise this Option in accordance with the terms hereof, the Owner shall return 40% of the Option Price and retain 60% of the Option Price, except as set forth below. F/6 D~ y;;s (c) Except as set forth in Section 1 (b), the Option Price shall be non-refundaqle unless this Agreement is breached by the Owner, in which case the entire Option Price shall be refunded to the Optionee. 2. Term of Option. (a) The Term of this Option shall commence on the date hereof and expire at 12:00 midnight, Eastern Time, on May 1, 2005, unless extended in accordance with Section 2(b) (together with any extensions, the "Option Period"). ~D( RKE# 0869937.WPD-3, 999-999 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 8-3 (b) Optionee has the right to extend the Option Period for an additional three (3) month to 12:00 midnight, Eastern Time, on August 1,2005. JfOptionee elects to extend the Option Period, Optionee shall provide notice in writing to Owner prior to the expiration of the irutial Option Period in the same manner as described in Section 3. In the event Optionee should extend the Option Period for an additional three months and as a condition precedent to the extension of the Option Period, Optionee shall pay to Owner an additional $7,000, which amount shall be added to and treated as part of the Option Price. If Optionee does not exercise the Option, after extending the Option Period for said three months, Owner shall retain 60% of the $7,000 and 60°;6 of the initial Option Price of $18,000, and promptly return 40% of the $7,000 and 40% of the initial Option Price to the Optionee. 3. Exercise of Option. (a) Optionee may exercise the Option at any time during the Option Period by written notice to Owner at which time this Option Agreement shall become a binding contract to purchase the Property in accordance with the tenns hereof. (b) In the event the Option is exercised, the closing shall occur within 30 days after the date on which the Owner receives notice of Optionee's exercise of the Option, at such time and place as may be included in the notice of exercise of the Option. (c) Exercise shall be effective if Optionee either (i) mails the notice of exercise by certified mail, return receipt requested, during the Option Period, addressed to the Owner at the address set forth below, or (ii) hand delivers the notice of exercise to the Owner during the Option Period at the address set forth below. 4. Tenns of Purchase. In the event the Option is exercised by the Optionee, the following tenns and conditions shall apply to the sale of the Property: (a) The purchase price for the Property shall be ~ . (the ''Purchase Price"). As set forth in Section 1 (b )~ if the Optionee exercises the Option, the Option Price shall be applied towards the Purchase Price. (b) Title shall be transferred to Optionee by general warranty deed in fee simple title, free of all liens and encumbrances except current year's property taxes, and any existing easements and restrictions which do not render the Property unusable for the intended use or make title not marketable. (c) Taxes will be prorated as of the closing date. 5. Inspection of Property. Optionee or its agents may go on the Property during the contract tenn for the purpose of conducting soil tests, planning and surveying, provided, RKE# 0869937. WPD-3, 999-999 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 8-3 however, that they shall not unreasonably disturb the Property and shall use their best efforts to minimize any disturbance to the Property. 6. Environmental Matters. (a) To the best of their knowledge and except as described below, Owner warrants that since they have owned the Property there have been no hazardous or toxic wastes stored, dumped or placed on the Property and that to the best of their knowledge, prior to their ownership, no such hazardous or toxic wastes were stored, placed or dumped on the Property. Owner will sign an affidavit to this effect as part of the closing documents, which representations will survive closing. The foregoing notwithstanding, Optionee acknowledges that Owner may have used portions of the Property to dispose of certain products and materials used as part of its agricultural operations conducted on the Property and that Optionee has used portions of the property to dispose of certain products and materials used as part of its construction operations conducted adjacent to the Property. . (b) Optionee shall be provided with the opportunity to conduct an environmental inspection of the Property within ninety (90) days of the date hereof, which inspection shall be governed by the following tenns and conditions: (i) If said environmental inspection shows any conditions on the Property that, in the reasonable judgment of an environmental consultant, would cost in excess of $50,000 in the aggregate to remediate, Optionee shall have the right and option to tenninate this Option and to obtain a full refund of the Option Price. (ii) If said environmental inspection does not show conditions on the Property that, in the reasonable judgment of an environmental consultant, would cost in excess of $50,000 in the aggregate to remediate, then this Section 6(b) shall become void and the remainder of this Option shall continue to be binding on the parties in accordance with its tenns. (iii) Optionee shall notify Owner of any such environmental conditions on the Property, which environmental conditions shall be described in said notice with sufficient detail so as to be reasonably identifiable, within ninety (90) days of the date hereof. To the extent no such notice is received by Owner within said ninety-day period with respect to a given environmental condition, Optionee will be deemed to have waived any right to object to such environmental condition. In the event no notice is received by Owner within said ninety-day period with respect to any environmental conditions, there will be deemed to be no environmental conditions on the Property and Section 6(b )(ii) shall be deemed to apply. (c) Unless this Agreement is tenninated in accordance with Section 6(b)(i), any and all claims against the Owner for any condition on the Property that violates any environmental laws shall be waived at the conclusion of the ninety-day period described in RKE# 0869937.WPD-3, 999-999 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2·5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 8-3 Section 6(b) and again at closing. Owner shall reasonably cooperate with Optionee in the event Optionee conducts an environmental inspection of the Property. 7. Zoning Matters. Owner agrees to cooperate with Optionee, at Optionee's sole expense, in signing any necessary applications for zoning or subdivision approval. 8. Closing Costs. Owner shall not be responsible for payment of any closing costs, except those closing costs customarily assumed by the seller in real estate transactions in Roanoke, Virginia. 9. Binding Agreement. The parties acknowledge and agree that this contract shall be binding upon them and their respective heirs, successors or assigns. 10. No Real Estate Commission. Optionee and Owner agree that no real estate commission will be paid. 11. Notice. Addresses of the parties for purposes of delivering notices are: Owners: Mr. James M. Crumpacker, Jr. 3145 Links Manor Drive Salem, Virginia 24153 ~.AJexanderI.Saunders Wood, Rogers PLC P.O: Box 14125 Roanoke, VA 24038-4125 Optionee: c/o Andrew C. Kelderhouse Fralin anà Waldron, Inc. 2917 Penn Forest Boulevard Post Office Box 20069 Roanoke, VA 24018-0503 12. Waiver. Any waiver of any item or condition hereof must be in writing and signed by the parties hereto to be effective. The waiver of any tenn or condition of this Agreement shall not be construed as a waiver of any other tenn or condition. 13. Governing Law. . The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, except Virginia's choice of laws provisions. RKE# 0869937.WPD-3, 999~999 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8-3 14. Entire Agreement. This Agreement supersedes all prior agreements or understandings between the parties hereto, whether verbal or in writing, and there are no other agreements or understandings, written or oral, between the parties regarding this Agreement, the exhibits or addenda other than as set forth herein. IN WITNESS WHEREOF, the Owners have hereunto set their hands and seals and the Optionee has caused this contract to be executed by its duly elected and authorized officers. OWNER: ~ /V 1 . .. 1,££ m L~-IÞ-e-¡ rJr. , es M. Crumpacker, Jr.. / " ~ Je . Brown ~, ;¡'} JlJ}Um~ fJdPLO-- f ~ ~tJ?/U/ Debra C. Moore OPTIONEE: FRALIN AND WALDRON, INC. RKE# 0869937.WPD-3, 999~999 5 · 8PR. 7.2005 11:57RM 540 774 9328 NO.9l8 P.l 8-3 LA LUMSDEN ASSOCIATES, P.C. E NGI NEE RS - S URVEYORS¡ PLANNERS v. KIRK LUMSDEN, L.S, BI I..BE Hm7PBRSON,1R" P.E" L.S. TIMOnlV HOBLZLE, L.S. 'IHOMAS C. DALE, P.R. JAMES L. JENKINS, L.S. LARRY T. OGLE, JR.., L.S. 4<364 BRAMBLETON ^ VBNUB1 SW · P.O. BOX 20669 .. ROANOKE, V A 24018 · PHom {S40} 774.-4411 - FAX (540) 772·9445 - EMAlL MAIL@LUMSDBNPC,COM 1=~ --rö", ~ ~Gh...-J2. ~ ". ~V(, C'-¡7:i. O~O'7, oS- April 5, 2005 RECEIVED APR 0 6 2005 F&W INC. Ms. Susan Hamnlond VDOT P.O. Box 3071 Sa1en1, VA 241 S3 Re: Re2:oning Application for Future Sections öfuThe Orchards~~- Crumpac~er Tract - Roanoke County · Comm: 2003-324 Dear Susan: , I We submitted the enclosed information along with the Rezoning Application to Roanoke County for approximately SO acres of land on March 25, 2005. This property wHI be an expansion to Fralin and Wa1dron's developn1ent!Þ "The Orchards." In discussions with Ro~noke County, they stated that VDOT is in the preliminary stages of planning a stop light a.t the intersection of Route 460 and Huntridge Road. Roanoke County suggested that we provide the enclosed 1nformatibn for your use and comment. If you have any questions or comrnents concerning this matter, please do not hesitate to caU, Very tru Iy yours~ LUMSDEN ASSOCrATES~ p.c. ~'bt Thomas C. Da1e, P.E. Director of Engineering TCD:lngs E"c'1osures ",..." Copy · 8-3 Western Virginia Water Authority Water/Sewer Availability Application Date: ~ Applicant: FVAL\N At-lD WA\..~I ,~c. Mailing Address: p_O.. 50K 2.oob'l ¡:ZøA~*e. VA 1.'-\0\8 Phone: (SLl-o)"..¡..L\'I¡r; Cell: Fax: (S40) 11'1- 'I~Z 8 Property Address: City or County: {<oAl'1o\Le Cc:ù.-l1)' Tax Map Number(s): ~.OO - \- \ Development (Subdivision) Name: T~E. OIC.~- C~\JMP~JL&.!Z. TFACf Single Residential, Duplex, Multi·Residential, Subdivision, or Commercial Facility? C,'~bL.E. FA~U.Y ~eD''''$\ÐH Water Meter Size Requested: MAX\MvM eL.e.VAT,o\..L To &e Sewer lateral Size Requested: ~~¡z.Ve.t7 ~ 115'30....'- COMPLETE THE FOLLOWING FOR NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES Domestic Flow Required? 00 GPM 00 (Attach completed ··Sizing Water Service Lines and Meters" Form AND IIINon-Residential Sanitary Sewer Checklist", blank forms available on website under UEngineers" section) Is Building to be Sprinkled? YES / NO Minimum Fire Flow Required? GPM Return to: Jamie Morris, Engineering Coordinator, Phone: 540-853-1588 Via Mail- 2012 South Jefferson Street, Suite 200 Roanoke, VA 24014 Fax: 540-853-1017 E-mail: Jamie~morris@westernvawater.org Website: westernvawater.org Rev. 12/09/04 8-3 0(; Ÿ Assessed in B 1)1),........... otetour! County C7I :E -1-9 \ \ '" "" 1. """ 2)6 9" AI;. ~ 17).9" AI;.:~...." "\ ....... /.......... '-..... / .........- ",,! "-- ----- \ ~ \ \ ~ - Ç1 ..--..... ... -. --..... -. -.... ...- .."" " ill 89 82 ~.(D) 72.60 AI;. (C) 8-3 Comm: 2003-324 The following is a deed description for property being portion of Roanoke County Tax #39.00-01-01 to be rezoned from AG-3 to R-l, being property of James M. Crumpacker, Jr., Jean C. Brown and Debra C. Moore. Applicant for said rezoning is Fralin and Waldron, Inc. The description is as follows: BEGINNING at a point on the northerly boundary of property ofF&W Community Development Corporation, Roanoke County Tax #40.01-01-01, said point also being the northeasterly comer of property of April G. Lail, Roanoke County Tax #39.12-2-24; thence leaving F&W Community Development Corporation and with April G. Lail, N 57° 11' 19" W, passing the northwesterly comer of said property at 405.82 feet and thence with northerly boundary of Douglas R. and Karen S. Carter, in all 931.93 feet, to a point, said point being the northwesterly comer of property of Douglas R. and Karen S.Carter; thence leaving Carter and with 12 new zoning lines through the property of James M. Crumpacker, Jr., Jean C. Brown and Debra C. Moore, as follows; thence N 19° 24' 48" E, 995.03 feet to a point; thence N 32° 06' 31" W, 311.90 feet to a point; thence N 37° 04' 08" E, 570.32 feet to a point; thence S 71 ° 29' 13" E, 819.85 feet to a point; thence S 49° 24' 25" E, 85.49 feet to a point; thence S 05° 23' 07" E, 94.24 feet to a point; thence S 50° 25' 18" E, 57.49 feet to a point; thence S 21' 29' 23" E, 101.54 feet to a point; thence S 43° 13' 14" E, 142.14 feet to a point; thence S 18° 48' 17" W, 230.83 feet to a point; thence S 13 ° 12' 34" E, 1 72.58 feet to a point; thence S 48 ° 34' 02" E, 189.64 feet to a point, said point located on the northerly boundary of property ofF&W Community Development Corporation; thence with F&W Community Development Corporation, S 40° 48' 09" W, 905.62 feet to a point, said point being the northeasterly corner of Roanoke County Board of Supervisors Property, Roanoke County Tax #39.00- 01-01.1; thence leaving F&W Community Development Corporation and with Roanoke County Board of Supervisors for the following 4 courses, N 09° 11' 29" W, 130.55 feet to a poi!1t; thence N 39° 02' 52" W, 151.65 feet to a point; thence S 37° 35' 27" W, 1 I 6.97 feet to a point; thence S 37° 59' 02" E, 246.85 feet to a point, said point located on the northerly boundary ofF&W Community Development Corporation; thence leaving Roanoke County Board of Supervisors and with F & W Community Development Corporation, S 40° 48' 05" W, 375.22 feet to the place of BEGINNING and containing 50.1 acres. 8-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, TUESDAY, JUNE 28, 2005 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 50- ACRE TRACT OF REAL ESTATE LOCATED NORTHWEST OF THE 5800 BLOCK OF CRUMPACKER DRIVE (TAX MAP NO. 39.00-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF FRALIN & WALDRON, INC. WHEREAS, the first reading of this ordinance was held on April 26, 2005, and the second reading and public hearing were held May 24, 2005 and continued to June 28, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 2005 and continued to June 7, 2005; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the zoning classification of a certain tract of real estate containing 50 acres, as described herein, and located northwest of the 5800 block of Crumpacker Drive and 6200 block of Apple Harvest Drive (part of Tax Map Number 39.00-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of AG-3, Agriculture/Rural Preserve District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Fralin & Waldron, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 8-3 (1) Total lot subdivision will not exceed 65 lots and will be generally consistent with the submitted "Concept Plan Showing Future Sections of the Orchards," dated March 23, 2005, prepared by Lumsden Associates, P.C. 4. That said real estate is more fully described as follows: BEGINNING at a point on the northerly boundary of property of F&W Community Development Corporation, Tax Map #40.01-1-1, said point also being the northeasterly corner of property of April G. Lail, Tax Map #39.12-2-24; thence leaving F&W Community Development Corporation and with April G. Lail, N. 57° 11' 19" W. passing the northwesterly corner of said property at 405.82 feet and thence with northerly boundary of Douglas R. and Karen S. Carter, in all 931.93 feet, to a point, said point being the northwesterly corner of property of Douglas R. and Karen S. Carter; thence leaving Carter and with 12 new zoning lines through the property of James M. Crumpacker, Jr., Jean C. Brown and Debra C. Moore, as follows: thence N. 19° 24' 48" E. 995.03 feet to a point; thence N. 32° 06' 31" W. 311.90 feet to a point; thence N. 37° 04' 08" E. 570.32 feet to a point; thence S. 71 ° 29' 13" E. 819.85 feet to a point; thence S. 49° 24' 25" E. 85.49 feet to a point; thence S. 05° 23' 07" E. 94.24 feet to a point; thence S. 50° 25' 18" E. 57.49 feet to a point; thence S. 21° 29' 23" E. 101.54 feet to a point; thence S. 43° 13' 14" E. 142.14 feet to a point; thence S. 18° 48' 17" W. 230.83 feet to a point; thence S. 13° 12' 34" E. 172.58 feet to a point; thence S. 48° 34' 02" E. 189.64 feet to a point; said point located on the northerly boundary of property of F&W Community Development Corporation; thence with F&W Community Development Corporation, S. 40° 48' 09" W. 905.62 feet to a point, said point being the northeasterly corner of Roanoke County Board of Supervisors property, Tax Map #39.00-1-1.1; thence leaving F&W Community Development Corporation and with Roanoke County Board of Supervisors for the following 4 courses, N. 09° 11' 29" W. 130.55 feet to a point; thence N. 39° 02' 52" W. 151.65 feet to a point; thence S. 37° 35' 27" W. 116.97 feet to a point; thence S. 37° 59' 02" E. 246.85 feet to a point, said point located on the northerly boundary of F&W Community Development Corporation; thence leaving Roanoke County Board of Supervisors and with F&W Community Development Corporation, S. 40° 48' 05" W. 375.22 feet to the place of beginning, and containing 50.1 acres. 5. 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. 2 JAMES M. DATE: March 23, 2005 SCALE: 1" = 400' COMM. NO.: 03-324 SHEET 2 OF 3 1:\2003\ 03324 \eng\ 03324prelim-hb.dwg BROWN o 200 ~~ LUMSDEN ASSOCIATES, P.C. ENG I NEERS-SUR VEY ORS-PLANNERS ROANOKE, VIRGINIA 4664 BRAMBLETON AVENUE P.o. BOX 20669 ROANOKE, VIRGINIA 24018 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPC.COM SIrE AND ZONING TABULATIONS: TAX MAP I 39.00-01-01.00 CURRENT ZONING: AG-3 PROPOSED ZONING: R-1 PROPOSED USE: SINGLE FAMIL Y DWELUNGS NOTES: 1. ALL LOTS WITHIN THIS SUBDIVISION SHALL BE SER'ÆD BY WESÆRN VIRGINIA WAÆR AUTHORITY WAÆR AND SANITARY SEWER SYSÆMS. 2. STORMWA ÆR MANAGEMENT FACIUTIES TO BE DESIGNED IN ACCORDANCE WITH ROANOKE COUNTY, DEQ, AND U.S. ARMY CORPS OF ENGINEERS REGULA 11ONS. 3. ALL LOTS WITHIN THIS SUBDIVISION SHALL BE SER'ÆD BY PUBUC ROADS. ROADS SHALL BE DESIGNED IN ACCORDANCE TO \.{JOT STANDARDS INCLUDING WIDTHS, PA'ÆMENT DESIGN AND ROAD GRADES. CURRENT OWNERSHIP: JAMES M. CRUMPACKER, JR., JEAN C. BROWN '" DEBRA C. MOORE C/O 3145 LINKS MINOR DRI'Æ SALEM, VA 24153 APPUCANT: FRALIN AND wALDRON, INC. PO BOX 20069 ROANOKE, VA 24018 SlÆ ACREAGE TO BE REZONED: 50.1 ACRES MINIMUM FRONTAGE: 60' MINIMUM LOT SIZE: 7,200 SF MINIMUM SETBACKS FRONT: 30' SIDE: 10' REAR: 25' ON-SITE TRAFFIC ANAL YSIS: CURB-TO-CURB ROAD WIDTH RIGHT-OF-WAY WID TH 36' 36' 28' 28' 28' 28' 44' 44' 40' 40' 40' 40' OFF-SITE TRAFFIC ANAL YSIS: CURB- TO-CURB ROAD WIDTH RIGHT-OF-WA Y WIDTH 36' 36' 36' 38' 36' 36' 36' 36' 36' 44' 44' 44' 50' 50' 50' 50' 50' 50' ROAD SEC110N VEHICLE TRIPS PER DA Y CIDERHOUSE DRI'Æ POINTS A-B 720 CIDERHOUSE DRI'Æ B-D 490 CIDERHOUSE DRI'Æ D-E 60 ROAD -A- B-C 220 ROAD -B- D-F 110 ROAD -8- D-G 220 ROAD SEC110N VEHICLE TRIPS PER DA Y CRUMPACKER DRI'Æ POINTS A-W ,. 170 CRUMPACKER DRI'Æ W-X 1.320 CRUMPACKER DRI'Æ X-Y 1,560 CRUMPACKER DRI'Æ Y-Z 2.160 APPLE HAR'ÆST DRI'Æ W-S 0 APPLE HARVEST DRI'Æ S-T 80 APPLE HARVEST DRI'Æ T-U 180 APPLE HAR'ÆST DRI'Æ U-V 340 APPLE HARVEST DRI'Æ V-Y 560 CONCEPT PLAN SHOWING FUTURE SECTIONS OF "THE ORCHARDS" FOR THE PROPERTY OF JAMES M. CRUMPACKER JR., JEAN C. BROWN AND DEBRA C. MOORE FOR THE BENEFIT OF FRAliN AND WALDRON, INC. SITUA TED ALONG CIDERHOUSE DRIVE ROANOKE COUNTY, VIRGINIA DATE: SCALE: COMM. NO.: f: \2003 \03 3 24 \ eng\ 033 2 4prelim-hb.dwg March 23, 2005 LUMSDEN ASSOCIATES, P.C. EN G I NEERS-SUR VEYORS-PLANNERS ROANOKE, VIRGINIA NONE 03-324 SHEET 3 OF 3 4664 BRAMBLETON AVENUE P.O. BOX 20669 ROANOKE, VIRGINIA 24018 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPC.COM 8-3 Site Zoning _AGJ _EP _AG1 AR _AV C1 .C2 _ C2CVOD .1 :."_ L _~, ~2 .PCO PRO .PTD R1 R2 R3 R4 - Applicants Name: Fralin and Waldron, Inc. Existing Zoning: AG3 Proposed Zoning: R1 Tax Map Number: 39.00-1-1 Magisterial District: Hollins Area: 50 acres April 4, 2004 No Scale Roanoke County Department of Community Development PETITIONER: CASE NUMBER: Daniel W. Doss 12-6/2005 s-~ Planning Commission Hearing Date: Board of Supervisors Hearing Date: June 7, 2005 June 28, 2005 A. REQUEST The petition of Daniel W. Doss to obtain a Special Use Permit for the operation of a used automobile dealership on .467 acres, located at 6717 Williamson Road, Hollins Magisterial District. B. CITIZEN COMMENTS Mr. Doss spoke on behalf of his project and addressed cosmetic improvements to the site including fighting and signage changes. In addition he requested that the maximum cars to be placed on site be extended to 25 instead of the 20 that staff had suggested. In addition the mother of Michelle Compton Still, the owner of the R-1 property to the rear of 6717 Williamson Road, Ms. Marie Compton spoke to the Planning Commission on her daughter's behalf. She asked the Planning Commission to ensure the existing building and rear-yard buffer on the site remain unchanged. C. SUMMARY OF COMMISSION DISCUSSION Ms. Youngbluth presented an overview of the staff report. Commissioner Jarrell suggested changing the hours of operation on Saturday to 9am-6pm. Chairman Hooker suggested that the maximum number of cars be extended to 25. Chairman Hooker added a condition that the existing building shall remain unchanged with only cosmetic changes allowed. D. CONDITIONS 1. Landscaping shall include a ten-foot planting adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance. 2. The maximum number of vehicles allowed on site for sale is 25. 3. Operating hours shall be limited to Monday - Saturday 9 a.m. to 6 p.m. and no business allowed on Sunday. 4. No changes shall be made to existing building except those of a cosmetic nature. E. COMMISSION ACTION(S) Mr. Gary Jarrell made a motion to recommend approval of the request. The motion passed 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 8-4 Petitioner: Daniel W. Doss Request: The petition of Daniel W. Doss to obtain a Special Use Permit for the operation of a used automobile dealership on .467 acres, located at 6717 Williamson Road, Hollins Magisterial District. The parcel is currently zoned C-2. Location: 6717 Williamson Road Magisterial District: Suggested Conditions: Hollins 1. Landscaping shall include a ten-foot planting adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance. 2. The maximum number of vehicles allowed on site for sale is 20. 3. Operating hours shall be limited to Monday - Friday 9 a.m. to 6 p.m., Saturday 9 a.m. to 1 p.m. and no business allowed on Sunday. EXECUTIVE SUMMARY: This is a request by Daniel W. Doss to apply for a Special Use Permit to operate a Used Automobile Dealership on the former "Chopstick's Restaurant" site. The .467 acre site is currently zoned C-2. The property is designated as Core in the Future Land Use Map based on the 2005 Comprehensive Plan. The Core designation encourages high- density commercial and residential development. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines an "Automobile dealership, used" as "any lot or establishment where three or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale." Used Automobile dealerships are allowed in C-2 zoned districts with a Special Use Permit per Section 30-85-4(8). The general standards section reads as follows: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required in Public Street and Parking Design Standard and Specifications. 2. A ten-foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance. 3. The storage and/or display of motor vehicles in the planting strip required above shall be prohibited. 4. Exterior display or storage of new or used automobile parts is prohibited. 5. Any vehicle which is missing major mechanical or body parts or have been substantially damaged shall 1 8-4 be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district. · If the Special Use Permit is approved, a site plan review will be required to ensure compliance with all county ordinances and state codes. · VDOT has the right to enforce any commercial entrance regulations and require any permits to the site to verify compliance with state code requirements for the change of use. · Any changes to external lighting fixtures must comply with section 30-94 of the Zoning Ordinance. 2. ANALYSIS OF EXISTING CONDITIONS Backaround - According to the Real Estate Assessment data the building on the site was built in 1969. The land use is for family restaurant. Chopsticks Restaurant was the most recent operation on the site. Applicants Business History - The applicant has been involved in several start-up businesses including a mail distribution company, a Real Estate Brokerage firm, and a real estate appraisal company. He has never operated a full-time automobile dealership or been employed as a full-time automobile salesman. However, he has privately bought and sold used automobiles since the mid to late nineties. He wishes to operate a full-time used automobile business on the Chopsticks site. The hours of operation for the use would be Monday - Friday 9 a.m. - 6 p.m. and Saturdays from 9 a.m. - 1 p.m. Additionally, the applicant proposes that the lot will be used for sales only; no automobile services will be placed on the site. Any future changes to the site would be proposed via site plan and include replacing the current signage, installation of additional parking lot lighting, reconfiguring the current sign lighting, and parking lot improvements. The structure itself would be used for office use only and the applicant discussed modifying the building in the future to accommodate on site automobile detailing. If the automobile detailing use is added a site plan review may be required. TopoaraphvNeaetation - This site has an existing rear buffer on the backside of the property which consists of mature pine trees and therefore no additional landscaping is required. The front of the site will need landscaping improvements and should be shown during the site review process. Section 30-92 of the Zoning Ordinance requires the following landscaping: a ten-foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Surroundina Neiahborhood - The property is surrounded by commercial and residential land uses. The north side of the parcel is zoned C-2 and currently occupied by the retail business Super Shoes. To the west is Brookside Auto Sales a C-2 zoned piece of property that sells used automobiles and recreational vehicles. Bordering the south side of the parcel is another C-2 zoned parcel occupied by a strip mall that contains three collectible and hobby-type shops, a jeweler, and a hair salon. The east of the property resides a R-1 zoned property that has a single family dwelling on it. According to the 1947 plat the area was originally residential and no changes have been recorded since that year. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture - The applicant has not proposed any changes in the site or the buildings on the property at this time. AccesslTraffic Circulation - According to Anthony Ford the County's Traffic Engineer, " [the ITE Trip Generation Manual calculations suggest a restaurant use in this location would generate 326 trips per weekday, while a used car lot would generate 86 trips.]" Therefore the traffic impact on the surrounding areas would be reduced by the change of use. 2 8-4 Fire & Rescue/Utilities - There will be no impact on the delivery of Fire and Rescue to this site. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is in conformance with the Core area designation of the 2005 Land Use Map of the Comprehensive Plan. The Core designation encourages high density use & the establishment of common characteristics. 5. STAFF CONCLUSIONS The Core designation of the Comprehensive plan encourages high density use. The proposed used automobile dealership complies with suitable uses within the Core designation. In addition, Used Automobile Dealerships is allowable by Special Use Permit within the Co.2 General Commercial zoning district. A number of site improvements and requirements will need to be made at site plan review including landscape improvements and on-site accommodations. The applicant has been very compliant throughout the process. He has said he will make efforts to improve the site during the site plan review process if his Special Use Permit is approved. If the Commission is in support of issuing this permit, staff suggests the following conditions: 1. Landscaping shall include a ten-foot planting adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance. 2. The maximum number of vehicles allowed on site for sale is 20. 3. Operating hours shall be limited to Monday - Friday 9 a.m. to 6 p.m., Saturday 9 a.m. to 1 p.m. and no business allowed on Sunday. CASE NUMBER: PREPARED BY: HEARING DATES: 12·6/2005 Katherine D. Youngbluth PC: 6/7/05 BOS: 6/28/05 3 8-4 County of Roanoke Community Development Planning & Zoning Date received: 4 Received by__- é' . \ .. \. ~ , PCIBZA date: . / ~ ~ 7 Z-tJ:5 t 540 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 776-7155 Application feei1 t b ~'1 Placards issued:_.__,...- BOS date: Case Number ALL APPLICANTS Check type of applic~tion filed (check all that apply) o Rezoning Special Use 0 Variance o Waiver o Administrative Appeal Daniel W. Doss 10255 Slings Gap Road Bent Mountain, VA 24059 Phone: Work: Cel] #: Fax No.: 985-4848 .c;?Q-nR47 985-3111 AppJicants name/address w/zip wner's name/address w/zip Kuo, Yuan Fu 4602 Oakland Blvd Roanoke, VA 24012 Phone #: Work: Fax No. #: 362-2527 roperty Locati on 6717 Williamson Road agisterial District: Hollins ommunity Planning area: t+6J I J (I\.J ax Map No.: 027.18-04-03.00-0000 xisting Zoning: C2 ize of parcel(s): Acres: _.467_ xi sting Land Use: Restaurant 'ZONING SPECIAL USE PERMITAND WAIVER APPLICANTS (RISIW) roposed Zoning: C2 roposed Land Use: Used Car Sales Lot oes the parcel meet the minimum lot area, width, and frontage requirements of the requested district? es 1m No 0 IF NO, A VARIANCE IS REQUIRED FIRST. oe~ ~e parcel meet the minimum criteria for the requested Use Type? Yes ~ No 0 F NO, A VARIANCE IS REQUIRED FIRST f rezoning request, are conditions being proffered with this request? Yes 0 No V A RlANCE, WAIVER AND ADMINISTRA TIVE APPEAL APPLICANTS (V/W/AA) ariance/Waiver of Section(s) _N/A of the Roanoke County Zoning Ordinance in order to: ppeal of Zoning Administrator's decision to ppeal of Interpretation ofSection(s):_N/A ppeal of Interpretation of Zoning Map to N/A of the Roanoke County Zoning Ordinance N/A Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V /AA R/SIW V / AA R/S/W V / AA m- onsultation ~v 1/2" x 11" concept plan ~( pp1ication fee v·, pp1ication etes and bounds description . roffers, if applicable V ustification ater and sewer application ý djoining property OV/I1ers I hereby certify that I am either the owner of the property 0l"tjhe 0 S a ent or contract purchaser and am acting with the knowledge and consent of the owner. 'h Owner's Signature 2 8-4 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Appicant /~tl!AI- l);JS5 The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughJy as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. In light of the fact that this request is for a special use within an already existing zoning, the Roanoke County ordinance should not be affected. This request is simply compliance with existing regulations. 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The community plan outlines zoning and property use requirements. ThJequest is specifically required in order to comply with the guidelines of the community plan. 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The impact of this proposal will positively affect the subject property by converting a closed/out of business faciJity to an ongoing concern. This proposal will not adversely affect adjacent properties or the surounding community including any and all public service facilities. As a used car dealership, automobiles will be parked in an orderly fashion. Less traffic is expected than that of a restaurant, therefore, the concern of additional traffic count will be diminished. Less water/sewer demands will be placed on existing services, etc. Overall, the approval of this application will be a positive impact for the community at this location. 3 8-4 I JUSTIFICATION FOR VARIANCE REQUEST ¿-'Jø,v/g/ W~ bss- Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. P1ease read the factors 1isted be10w carefully and in your own words, describe ho\v the request meets each factor. If additional space is needed, use additiona1 sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. This specia1 use request is not contrary to pub1ic interest. In fact, the porposed use wil1 be of service to public interest. As a retail operation, goods (cars) wi]] be s01d to the pub1ic. Taxes wi]] be co]]ected and paid. A property that is now vacant will be occupied. Fina11y, used car sa1es are a1ready an approved use under C2 zoning. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property. At present, the subject is vacant. As a restaruant, the property has fai1ed many times before. Fai1ure to approve this request potentally sentences the current owner to maintain a property which wi]] not produce any or restricted income. Fai1ure to approve this request also sentences the community and neighbors to a potentia1 eyesore. Properties such as this suffer from 1ack of maintenance, become unsight1y and eventually end up as pub1ic nuisances. 3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. This statement is correct. The hardship is not shared by other properties in the district. Moreover, and perhaps more specifically, the hardship is not borne by other properties within sight of the subject property. There are two existig used car faci1ites within sight of the subject property. Whee1s, Inc. is 10cated across WiJ1iamson Road and 1/2 b10ck south. Brookside Auto Sa1es is 10cated direct1y across Williamson Road from the subject propety. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. With two existing used car faci1ities 10cated across the street, the requested specia1 use permit shou1d have no detrimenta1 impact on adjacent properties or the character of the district. We are simp1y requesting the same consideration that has been aforded to our neighbors. 4 8-4 JUSTIFICATION FOR ADMINISTRA TIVE APPEAL REQUEST Applicant I~~/ fA/., lhSJ Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: This is a request for a specaiJ request. Not an appeal. 2. Evidence supporting claim: N/A 5 8-4 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphicaUy depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use penn it, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staffma exem t some of the items or su est the addition of extra items, but the followin are considered minimum: ALII APPLICANTS ---.JL / a. Applicant name and name of development ~ b. Date, scale and north arrow -Ý/. c. Lot size in acres or square feet and dimensions V. d. Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces e. f. :;¡ g. h. -1 I. j. Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS i :: n. Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule o. I certify that all items required in the checklist above are complete. /~ Signa ure of applicant Y/z·zJ(}J Date 6 8-4 Planning Commission Application Acceptance Procedure The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if the new or additional infonnation is presented at the public hearing. Ifit is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition~ This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional infonnation and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. Petitioner's Signature: .. ~¡-{{ w. /ø~ «h t!/u/6s w5 Name of Petition: Date: 8 8-4 Concept Plan Applicant Name: Daniel W. Doss Name of development: Unamed Used Car Dealership Lot size: .467 Acres Parking Space Sizes: 9 feet wide Metes and Bounds: Lot 4, Block 2, according to the Map of North Hills, of record in the Clerks's Office, Circuit Court, County of Roanoke, Virginia, in Plat Book 3, page 20. Adjacent properties: 6712 Williamson Road- Russell W. Strange 6712 Williamson Road Zoning: C2 Roanoke, V A 24019 6718 Williamson Road- Brookside Laundromat, LLC 6718 Williamson Road Zoning: C2C Roanoke, V A 24019 6811 Williamson Road - D S Realty Company 811 Williamson Road Zoning: C2 Roanoke, V A 24019 121 & 119 Elwood Street- Rae Michelle Stillwell 121 Elwood Street Zoning: Rl Roanoke, V A 24019 6711 Williamson Road - DR., me, 711 Williamson Road Zoning: C2 Roanoke, V A 24019 The subject property is a comer lot located at 6717 Williamson Road, Roanoke, VA 24019. It is located in the Hollins district. The subject property is a .467 acre parcel that has a very large parking lot in front, a small grassy area in the rear and on both sides. The building is a 2,604 square foot single story building with a 620 square foot canopy over the front of the building. The subject property is not in a flood plan area. There are 8-4 no easements to the property other than nonnal public utility easements and existing roadway easements. Williamson Road is a major artery passing directly in front of the subject. Williamson Road is 39 feet wide. Elwood Street passes to the left of the property. It is 21 feet wide. Directly across the side street of Elwood Street to the left of the property is Super Shoes. To the right is a miniature strip mall whose address is 6711 Williamson Road. The property to the rear is 121 & 119 Elwood street. This property is a residential development. Directly across the street are two business properties. One building is a Laundromat/car lot combination known as Brookside Auto Sales. As noted, Elwood Street separates the subject property from Super Shoes. The property to the right which is the miniature strip mall has a paved parking lot as does the subject. Both paved lots adjoin each other. Obviously, the subject property and the existing car lot and other business across Williamson Road are separated by Williamson Road itself. The residential property to the rear of the subject is separated by a line of very tall pine trees. Standing in the rear of the property, a substantial buffer is created by these pine trees between the subject and the home in the rear. The home is nearly invisible due to the thick coverage provided by the line of pine trees. The plan is to purchase the existing property from Mr. Yuan Fu Kuo. Once consummated, and pending the award of this special use pennit, a used car dealership will be established on the existing property with the intent of selling late model used automobiles. There are two existing used car dealerships across Williamson Road from the subject. Both dealerships have good curb appeal and offer high end late model automobiles for sale. The dealership to be established will make every attempt to compete with those existing businesses on both an aesthetic and product line level. Over time, some interior changes will be made to the existing interior of the building. Specifically, removal of restaurant equipment and restructuring the layout of the interior will be accomplished. The exterior of the building will not be modified. There are two existing signs; one over the front of the building, and one at the front of the property. The only changes to the existing signage will be the name of the business. The parking lot of the subject property has parking spaces already marked and laid out. Those existing parking spaces will be utilized with little or no changes to the layout of the lot. There are two entrances to the lot. One from Williamson Road, the other is off Elwood Street. The Williamson Road entrance is 28 feet wide and the entrance from Elwood Street is 50 feet wide. The subject is has public electricity, public water, public sewer and natural gas. There are no fire hydrants adjacent to the subject property. 8-4 View of Wheels, Inc. from subject property parking lot. 8-4 ~ View of Brookside Auto Sales from subject property parking lot. 8-4 Subject property view. Note Pine tree buffer in rear of property. 8-4 View of Elwood Street. Building to left is Super Shoes. Note pine tree buffer in rear of building. 8-4 South view of Williamson Road. Wheels, Ine is on right. 8-4 North view of Williamson Road. Brookside Auto Sales is on the left. Case No Property Address City Borrower Lender/CI ient Appraiser Name . Comments: ~ % ~ -., ~ ~ SKETCH/AREA TABLE ADDENDUM County S\{ee\ 06. ~\'l'I0 ~~ ~~~~ \ ~;1~\ì~ ~~0 UC Address Appr Address ~~ File No 6717will State lip ~ ~ ~ ~ Totals 2562.00 305.00 19716.87 ~., ~. ~. ---~' /~ ~"" ~', ~.. .,.. AREA CALCULATIONS SUMMARY Description First Floor Porch Site Plan Size 2562.00 305.00 19716.87 LIVING AREA BREAKDOWN Breakdown Subtotals First Floor 42.0 x 61.0 2562.00 Code GLA1 pIp OTH . 8-4 I ~ Scale: I i I 1 =42 I I 8-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2005 ORDINANCE GRANTING A SPECIAL USE PERMIT TO DANIEL W. DOSS FOR THE OPERATION OF A USED AUTOMOBILE DEALERSHIP ON .467 ACRES TO BE LOCATED AT 6717 WILLIAMSON ROAD (TAX MAP NO. 27.18-4-3) HOLLINS MAGISTERIAL DISTRICT WHEREAS, Daniel W. Doss has filed a petition for a special use permit for the operation of a used automobile dealership on .467 acres located at 6717 Williamson Road (Tax Map No. 27.18-4-3) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a pUblic hearing on this matter on June 7, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 24, 2005; the second reading and public hearing on this matter was held on June 28, 2005. NOW, THEREFORE, BE IT RESOLVED 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 Daniel W. Doss for the operation of a used automobile dealership on .467 acres located at 6717 Williamson Road in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) Landscaping shall include a ten-foot planting adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or 1 8-4 small deciduous tree shall be planted every thirty (30) linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 of the Zoning Ordinance (2) The maximum number of vehicles allowed on site for sale is 25. (3) Operating hours shall be limited to Monday - Saturday 9 a.m. to 6 p.m. and no business allowed on Sunday. (4) No changes shall be made to existing building except those of a cosmetic nature. 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. 2 ;:.. ...). c.....;' (J I I . 90 90 I I \ 6 \ .0 \ I ß\-Wooò. ..... I . ..... ~............. \0 I 30 I \73.5\ I 121 --> I --> CP 0 I 0 CP 4. 0 I o. 4 0 I .......j 6717 '\ 4- .B4- I lY' / 73 t I I \ 93.74- I I 203 .7 4- \ 119 I \ ..- I \--> I 6. 3 \C¿ 4-.1 6711 \ '" I --> 5 I 0 \ .. 0 '" \ 35 ~" 203.97 90 \ 95.97 I " . 2 18 I " 704 I I " I I \ 1. --- Ñ 1 --------- -- --- --- --- 12 - . .1-S_4 to..") --- \"'"' - - - --Þ: ------------ --------- .......- --- 128 1 120 · L2=J[iJ o 1. ~ -. 482 AI:.. ..... '- ...---- ··~O?C'~ ..... ~. " " " ""'''..... -"\ '- '- '- '- .$~) .~~ , ~~~~ \ ,1'2 \ \ '- 3. 595 AI:.. ~ '" U" ) Shenandooh Bapf/s.! minis!nes Assoc. 139 o'\. .....0· 7 7dooh ";r-I ~-17. \ ~ 07". 16 / 1· / / / ,--- . . . I . . . . . . . . . · · · · · · · · . I ~ .... ..., ...... I· I I I I . I I I I I I I . I I .\ ~ I \ ~ I ~ I ~ \ \ '206 I· ,85. - '.<:-----G) . I I <Ø o 67CH ,)1.42 _ ..3. J 213.52 -2. ,os.3S J 1. - 6811 - 39.24 ,13.5' .., 0)' ~ :3 . 6717 ...J U" ,98.74 10~·7. 6711 '- ""'. \ - - - -)- iJI 6707 / J J9'~4 1-6. 1.02 Ac;. gO 2. 203.91 '9'ò·91 , oB.61 8_ 6928 8 ,77 .~ 9:. 6922 175.67 10 18. H.. II 1 B22 155 R\.· s\. 3 14. ,).87 Ac... Brookside Shopping Center ""0 ·ff" 1ft i... -5. 6830 103 ,€I Food Uon 6619 ,g4.61 6910 -1.. 16 ':J6? '2.0 . 6! -2. 17 1.\1).' ;:, .~ -a. 18 1-8. 'l00 8 1.:7. 6905 '2.Q6 1-6. ê. 6 1-5. (2) ,tõ lb· ').'\,: 1-4. q. 'ì. ,<.-; ...... 6727 'OJ' 55.0J ,&6 .B. 'OJ 6720 .I V~JJ' 9 ? '1".§J. -J. O. II ..t~ v 6' ,6' .07 :? 169.1) 24 ...- . R\.·lB ...... 90 .... ...... .. S\. .. 163 -6. ~ Clubhouse ~ Q rJ ~f:~\ 8-4 .~ I 7D14 :J 0 7004 85 Zonrng 6 _AG3 _EP .AG1 AR .AV 643' C1 r( .C2 . C2.cVOO f1 ~ .2 0 .PCO ~ PRO .PTD ,:30 6520 Rt R2 R3 R4 - Applicants Name: Daniel W. Doss Existing Zoning: C2 Proposed Zoning: C2S Tax Map Number: 27. 18-4-3 Magisterial District: Hollins Case No: 12-06/2005 Area: 0.467 Acres April 26, 2005 No Scale Roanoke County Department of Community Development ACTION NO. ITEM NO. 5-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2005 AGENDA ITEM: Second reading of an ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia SUBMITTED BY: Paul M. Mahoney County Attorney ( COUNTY ADMINISTRATOR'S COMMENTS: \Jt'~_J~ c~~~~ \ ~\ ~~~r~ IJ SUMMARY OF INFORMATION: In June 2004, the Board adopted an ordinance to increase its salaries pursuant to the provisions of Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. This section of the State Code and Section 3.07 of the County Charter require that any increase in Supervisors' salaries be accomplished by ordinance after public hearing between May 1 and June 30. Any increase is limited to an annual five (50/0) percent inflation factor. The first reading of this proposed ordinance was held on June 14, 2005. The second reading and public hearing is scheduled for June 28, 2005. The current salary for Board members is $14,246.15. There is an additional annual compensation for the Chairman of the Board at $1,800 and for the Vice-Chairman at $1,200. This ordinance increases salaries by 40/0. FISCAL IMPACT: A 4% increase would cost $2,849.25 ($569.85 each). The new salary for each Board member would be $14,816.00. s-s- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28,2005 ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.01 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $14,246.15 by Ordinance 062204-14 and further has established the additional annual compensation for the chairman for the Board to be $1 ,800 and for the vice-chairman of the Board to be $1.200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on June 14, 2005; the second reading and public hearing was held on June 28, 2005. s-s NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of 4% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $14,816 for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice-chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 2005.