HomeMy WebLinkAbout4/25/1989 - Regular
April 25, 1989
68 9
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
April 25, 1989
The Roanoke County Board of Supervisors of Roanoke
County,
Virginia,
met this day at the Roanoke County
Administration Center, this being the fourth Tuesday, and the
second regularly scheduled meeting of the month of April, 1989.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3:03
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
Robers, Supervisors Bob L. Johnson, Steven
A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney,
April 25, 1989
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County Attorney, Mary H. Allen, Deputy
Clerk; Anne Marie Fedder, Public
Information Officer
IN RE:
OPENING CEREMONIES
The
invocation was
given by Assistant
County
Administrator John Chambliss.
The Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
County Administrator Elmer Hodge added replacement sheets to
Item 2, Adoption of the Budget; added a replacement report for Item 3,
Subsidy from Roanoke County for the Valley Metro system; and added
Item 4 on the Consent Agenda, Appropriation of $20,000 to fund the All
America City expenses.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Resolution'of Conqratulations to Departmental Employees
of the Year for 1988.
Director of Human Resources Keith Cook announced that 12
employees had been chosen from their departments as Employees of thE
April 25, 1989
691
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Year. He introduced the following employees for recognition: Walter
River Bonhotel, General Services; Frederick W. Bower, Procurement;
Gary E. Coleman, Development Review and Inspections; Katherine S.
Davis, Sesquicentennial Celebration; Maroni C. Green, Commissioner of
the Revenue; David W. Hogan, Fire and Rescue Department; Cynthia L.
Nipper, Engineering; Susie B. Owen, Economic Development Department;
Margaret T. Reynolds, Finance Department; Wanda C. Riley, Community
Services & Development; Florence Sellards, Parks and Recreation
Department; and Kathy K. Vest, Human Resources Department.
Supervisor Nickens moved to adopt the prepared
resolution recognizing these employees. The motion was seconded
by Supervisor McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 42589-1 OF CONGRATULATIONS TO TWELVE COUNTY
EMPLOYEES UPON THEIR SELECTION AS A DEPARTMENTAL EMPLOYEE OF
THE YEAR 1988
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Virginia,
WHEREAS, The Board of Supervisors of Roanoke County,
approved an Employee of the Year Program in
November,1986, to recognize outstanding employees and encourage
excellence in performance of job duties; and
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April 25, 1989
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WHEREAS, twelve finalists were nominated by their
individual departments
based on criteria which included
excellence in the performance of job duties, display of service
to the public and to fellow employees, and contribution of
money-saving or labor-saving ideas; and
WHEREAS, these twelve employees are also the finalists
in the Employee of the Year Program; and
WHEREAS, they are deserving of special recognition by
the Board of Supervisors of Roanoke County and the citizens of
Roanoke County for their outstanding contributions to the County
during 1988; and
WHEREAS, these employees will be present to receive
individual recognition for this honor.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
to Walter River Bonhotel, Frederick W. Bower, Gary E. Coleman,
Katherine S. Davis, Maroni C. Green, David W. Hogan, Cynthia L.
Nipper, Susie B. Owen, Margaret T. Reynolds, Wanda C. Riley,
Florence S. Sellards, and Kathy K. Vest for their excellent
performance and their capable, loyal, and dedicated service to
the citizens of Roanoke County; and
FURTHER, The Board of Supervisors of Roanoke County
offers its congratulations to these employees for being selected
April 25, 1989
69 3
Departmental Employees of the Year and finalists in the Employee
of the Year Program for 1988.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
2. Resolution of Congratulations to Employee of the
Year for 1988.
Mr. Cook explained that of the 12 departmental
employees of the year, one employee was selected by a group from
the Employee Advisory Committee to be named the 1988 Employee of
the Year. Florence Sellards, Parks and Recreation Department was
the employee chosen as Employee of the Year.
Supervisor Nickens moved to adopt the resolution
recognizing Florence Sellards Employee of the Year. The motion
was seconded by Supervisor McGraw and carried by the following
recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION
SELLARDS
42589-2 OF CONGRATULATIONS TO FLORENCE
UPON HER SELECTION AS ROANOKE COUNTY
EMPLOYEE OF THE YEAR
S.
BE IT RESOLVED by the Board of Supervisors of Roanoke
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April 25, 1989
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County, Virginia, as follows:
WHEREAS, The Board of Supervisors of Roanoke County,
Virginia, approved an Employee of the Year Program in November,
1986; and
WHEREAS, the purpose of this program is to recognize
outstanding employees and encourage excellence in performance of
job duties; and
WHEREAS, a committee appointed by the County
Administrator and made up of five representatives from the
Employee Advisory Committee selected the 1988 Roanoke County
Employee of the Year from a group of departmental nominees; and
WHEREAS, Florence S. Sellards is deserving of special
recognition by the Board of Supervisors of Roanoke County and the
citizens of Roanoke County for her outstanding contributions made
during the year 1988.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
to Florence S. Sellards for her excellent performance, and
capable, loyal, and dedicated service to the citizens of Roanoke
County; and
FURTHER, the Board of Supervisor~ of >Roanoke County
offers it congratulations to Florence S. Sellards for being
selected as Employee of the Year for 1988.
April 25, 1989
69 5
On motion of Supervisor Garrett, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
3. Proclamation declaring April 23 - 29, 1989, as
Professional Secretaries Week.
Wanda Riley, Community Services and Development; Sue
Gubala, County Attorney's Office and Susie Owen, Economic
Development; who have been designated Certified Professional
Secretaries were present on behalf of the Roanoke County
secretaries to receive the proclamation.
Supervisor Garrett moved to approve the Proclamation.
The motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
4. Resolution of Appreciation to Blue Ridge Soil &
Water Conservation District, declaring April 30 - May 7,1989,
as Soil & Water Stewardship Week.
Winton Shelor from the Blue Ridge Soil and Water
Conservation District was present to accept the resolution.
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April 25, 1989
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Supervisor Garrett moved to approve the resolution.
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The motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
5. Proclamation declaring April 28, 1989, as Workers
Memorial Day.
Gerald Meadows, Vice President of the Roanoke United
Central Labor Council, and Jim Leaman were present to receive the
proclamation.
Supervisor Johnson moved to approve the proclamation.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
NEW BUSINESS
1. Request of schools for appropriation of additional
monies for School Federal Program Fund.
April 25, 1989
697
A-42589-4
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Mr. Frank Sparks, Supervisor of Special Education, was
present to answer questions.
There was no discussion of the
issue.
Supervisor Johnson moved to increase the federal
revenues for the school by $33,592. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
2. Subsidy from Roanoke County for Valley Metro
Service.
A-42589-5
Assistant County Administrator John Chambliss reported
that he had met with Stephen Mancuso, General Manager for Valley
Metro, to analyze the request for the increased subsidy for the
Valley Metro routes serving Roanoke County. There are presently
10 trips per day to Cave Spring Corners, 21 trips per day from
Monday through Friday and 11 trips on Saturday to Tanglewood
Mall, and 3 trips to Edinburgh Square. The County subsidizes all
costs over the revenues generated. Mr. Chambliss advised that
Valley Metro is proposing that each of these routes receive 20
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April 25, 1989
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trips per day with no zone charges and the subsidy provided by
the locality. There would be a 50% match for any deficits. The
Cave Spring subsidy would be $30,181, there would be a profit at
Tanglewood Mall and the deficit at Edinburgh Square is projected
at $3,073 for a net subsidy by Roanoke County of $26,537.
Mr. Chambliss advised that the staff recommended that
the County should endorse the routes to Tanglewood Mall and
Edinburgh Square, and that the Cave Spring route be deleted. The
Brambleton Avenue Association concurs with this recommendation.
In response to questions, Mr. Chambliss presented the
ridership of each route. Supervisor Nickens stated he felt a
commitment to continuing the Edinburgh Square Route and requested
that the Roanoke Orthopedic Center be informed of the deletion of
the Cave Spring Corners Route.
Supervisor Nickens moved to approve the staff
recommendation. The motion was seconded by Supervisor Johnson
and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Garrett
NAYS: Supervisor Robers
3. Adoption of Fiscal Year 1989-90 Budget.
A-42589-6
Mr. Hodge presented the staff report. He advised that
April 25, 1989
69 9
following adoption of the budget, there will be a first and
second reading of the appropriation resolution when citizens will
have an opportunity for input.
Supervisor Nickens requested that the $1.2 million for
VSPA loans should be reduced by $130,000 from the school budget
because it will not be necessary to fund architects fees.
Supervisor Johnson asked if there were sufficient
resources in the school budget to handle the needs.
Superintendent of Schools Bayes Wilson explained that the
$130,000 was for William Byrd and Northside High Schools. He
presented the background on the overcrowded conditions at these
schools. School Board Chairman Frank Thomas was present and
advised that he would like to keep these funds in the capital
improvement budget.
Supervisor Johnson moved to adopt the budget. The
motion was seconded by Supervisor Robers.
Supervisor Nickens offered a substitute motion to adopt
the budget after reducing by $130,000 the VPSA Loan Fund,
specifically for the architects fees for Northside and William
Byrd High Schools addition.
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
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April 25, 1989
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Supervisor Nickens requested a joint work session with
the School Board to look at capital needs for both schools and
the County.
Supervisor Robers recognized the drug problems in the
community and suggested that the County and schools work together
on this problem. Dr. Wilson agreed and pointed out the problems
are not only in the school, but in the home.
Supervisor Robers moved to ask the School Board to join
the Board of Supervisors in taking a position against drug use
and asking the students to take a drug free pledge. The motion
was seconded by Supervisor Nickens and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
County Attorney Paul Mahoney will review the pledge for
legalities.
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Johnson requested a work session on May 9,
1989 on an anti-cruise ordinance. He requested that the
Commonwealth's Attorney, the Sheriff and Roanoke City
representatives participate in the work session. There was a
April 25, 1989
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discussion on the problems associated with the cruising in the
Williamson Road area.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
1. Request for Public Hearing on June 14, 1989, at
3:00p.m., to elicit citizen comment on creating a service
authority.
Supervisor Nickens moved to set the public hearing for
June 14, 1989. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance authorizing the donation of Parcell,
PartTract 3, C. L. Bush Estate, containing .98 acre to the Town
of Vinton.
Mr. Mahoney presented the staff report.
present to speak to the ordinance.
No one was
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April 25, 1989
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Supervisor Garrett moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
2. Ordinance acceptinq an offer for and authorizing
the sale of 1.4 acres, more or less, in the Southwest Industrial
Park.
Economic Development Director Tim Gubala announced that
staff has received an offer of $35,500 from Gorman Howell to
purchase this property. Staff recommends accepting this offer.
In response to a question from Supervisor Robers, Mr.
Gubala announced they have sold 7.99 acres and there are three
tracts left and will have information concerning revenues by the
second reading.
Supervisor Nickens moved to approve first reading. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
/
3. Ordinance authorizing the lease of 10.40 acres of
real estate to John D. Willey.
April 25, 1989
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Mr. Mahoney presented the staff report. He advised
that Mr. Willey, a County employee, asked the Commonwealth's
Attorney to review the matter and he felt there was no conflict
of interest. Supervisor Johnson requested that the
Commonwealth's Attorney's opinion be available with the second
reading, the lease and the minutes for the second reading.
Supervisor Johnson moved to approve first reading. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amending Article II, "Virginia Statewide
Fire Prevention Code," of Chapter 9,"Fire Prevention and
Protection," of the Roanoke County Code by the addition of
Section F-318.1, "Cooking Devices on Balconies."
Mr. Mahoney presented the staff report and advised that
staff recommends a change that would include the use of grills,
barbeques, etc. under balconies as well as on balconies.
Supervisor Johnson moved to continue the second reading
to May 9, 1989 since the change is substantial. The motion was
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April 25, 1989
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seconded by Supervisor McGraw and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
2. Ordinance amending Chapter 8, "Erosion and
Sediment Control" of the Roanoke County Code by amending Article
I, "In General," Section 8-2, "Definitions;" Section 8-7,
"Penalty for Violation of Chapter;" Section 8-18, "Failure to
Comply with Approved Plans;" and Article II, "Control Plan for
Land-Disturbing Activities," Section 8-32, "Filing Fee," by
repealing Article I, "In General," Section 8-3, "Exemptions
from Chapter," and by adopting a new Section 8-18(C) under
Article I, "In General," Section 8-18, "Failure to Comply with
Approved Plans," entitled "Stop-Work Order"
Director of Development and Inspections Arnold Covey
was present to answer questions.
Supervisor Johnson moved to adopt the ordinance. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
April 25, 1989
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ORDINANCE 42589-7 AMENDING CHAPTER 8.
"EROSION AND SEDIMENT CONTROL" OF THE
ROANOKE' COUNTY CODE BY AMENDING ARTICLE
I. "IN GENERAL," SECTION 8-2.
"DEFINITIONS," SECTION 8-7. "PENALTY FOR
VIOLATION CHAPTER, " SECT'ION 8-18.
"FAILURE TO COMPLY WITH APPROVED PLANS,"
AND ARTICLE II. "CONTROL PLAN FOR LAND
DISTURBING ACTIVITY, " SECTION 8-32,
"FILING FEES," BY REPEALING ARTICLE I.
"IN GENERAL," SECTION 8-3, "EXEMPTIONS
FROM CHAPTER"; AND BY ADOPTING A NEW
SECTION 8-18(C) UNDER ARTICLE 1. "IN
GENERAL, " SECTION 8-18. "FAILURE TO
COMPLY WITH APPROVED PLANS" ENTITLED
"STOP-WORK ORDER"
WHEREAS, effective July 1, 1988, Title 21, Chapter 1,
Article 6 of the 1950 Code of Virginia as amended entitled "Vir-
ginia Erosion and Sediment Control law" was recodified as Title
10.1, Chapter 5, Article 4; and
WHEREAS, amendments to Title 10.1, Chapter 5, Article 4
of the 1950 Code of Virginia, as amended, "Erosion and Sediment
Control Law" were enacted during the 1988 legislative session of
the Virginia General Assembly; and
WHEREAS, these amendments to the state erosion and sedi-
ment control law provide greater enforcement capabilities to 10-
ca1ities in order to more efficiently and effectively enforce
local erosion soil and sediment control laws; and
WHEREAS, at its meeting on March 28, 1989, the Board of
Supervisors authorized amending Chapter 8, "Erosion and Sediment
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April 25, 1989
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Control" of the Roanoke County Code to incorporate the state
amendments into the Roanoke County Code; and
WHEREAS, notice of the public hearing amending Chapter
8, "Erosion and Sediment Control" of the Roanoke County Code was
published in the Roanoke Times and World news on April 4, 1989;
and April 11, 1989; and
WHEREAS, a first reading of the proposed ordinance was
held on April 11, 1989; the second reading was held on April 25,
1989.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi-
sors of Roanoke County, Virginia, that Chapter 8, "Erosion and
Sediment Control" be amended and reenacted as follows:
Chapter 8.
EROSION AND SEDIMENT CONTROL
Article I. In General
Sec. 8-1. Purpose of chapter.
The purpose of this chapter is to safeguard life, limb
and property and to provide a means for the control of erosion
and sediment in order to promote the public health and welfare of
the citizens of the county and to establish procedures for the
administration and enforcement of such controls.
Sec. 8-2.
Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meaning respectively ascribed to
them by this section, unless otherwise clearly indicated:
"Applicant" means any person submitting an erosion
April 25, 1989
70 7
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and sediment control plan for approval or requesting the issuance
of a permit, when required, authorizing land-disturbing activi-
ties to commence.
"Clearing" means any activity which removes the vege-
tative ground cover, including but not limited to, root mat remov-
al and topsoil removal.
"Conservation plan," "erosion and sediment control
plan," or "plan," means a document containing material for the
conservation of soil and water resources of a unit or group of
units of land. It may include appropriate maps, an appropriate
soil and water plan inventory and management information when
needed interpretations, and a record of decisions contributing to
conversation treatment. The plan shall contain all maior conser-
vation decisions to assure that the entire unit or units of land
will be so treated to achieve the conservation objectives.
"Director" means the director of development inspec-
tions.
"District" or "soil and water conversation district"
means a political subdivision of this Commonwealth organized in
accordance with the provisions of Chapter 1 (§ 21-1 et seq.) of
Title 21.
"Erosion and sediment control plan or plan" means a
document containing material for the conservation of soil and
water resources of a unit or a group of units of land, as re-
quired by this chapter.
"Erosion impact area" means an area of land not asso-
ciated with current land disturbing activity but subiect to per-
sistent soil erosion resulting in the delivery of sediment onto
neighboring properties or into state waters. This definition
shall not apply to any lot or parcel of land of one acre or less
used for residential purposes or to shorelines where the erosion
results from wave action or other coastal processes.
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April 25, 1989
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"Excavating" means any digging, scooping or other
method of removing earth materials.
"Filling" means any depositing or stockpiling of
earth materials.
"Grading" means any excavating or filling of earth
materials or any combination thereof, including the land in its
excavated or filled condition.
"Land-disturbing activity" means any land change
which may result in soil erosion from water or wind and the move-
ment of sediments into state waters or onto lands in the Common-
wealth, including but not limited to, clearing, grading, excavat-
ing, transporting and filling of land, except that the term shall
not include:
1. Minor land-disturbing activities such as home
gardens and individual home landscapping, repairs and maintenance
work;
.,
2. Individual service connections;
3. Installation, maintenance, or repair of any un-
derground public utility lines when such activity occurs on an
existing hard surfaced road, street, or sidewalk provided the
land-disturbing activity is confined to the area of the road,
street or sidewalk which is hard surfaced.
4. Septic tank lines or drainage fields unless in-
cluded in an overall plan for land-disturbing activity relating
to construction of the building to be served by the septic tank
system;
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5. Surface or deep mining;
6. Exploration or drilling for oil and gas includ-
ing the well site, roads, feeder lines and off-site disposal
areas;
7. Tilling, planting, or harvesting of agricultur-
April 25, 1989
70 9
aI, horticultural, or forest crops, or livestock feedlot opera-
tions; including engineering operations as follows: construction
of terraces, terrace outlets, check dams, desilting basins,
dikes, ponds, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainaqe and land irriqa-
tion;
8. Repair or rebuildinq of the tracks, riqht-of-
way, bridges, communication facilities and other related struc-
tures and facilities of a railroad company;
9. Agricultural engineering operations including
but not limited to the construction of terraces, terrace outlets,
check dams, desilting basins, dikes, ponds not required to comply
with the provisions of the Dam Safety Act, Chapter 8.1 (§ 62.1-
115.1 et seq.), ditches, strip cropping, lister furrowing, con-
tour cultivating, contour furrowing, land drainage and land irri-
gation;
10. Preparation for single-family residences sepa-
rately built, unless in coniunction with multiple construction in
subdivision development;
11. Disturbed land areas of less than 10,000 square
feet in size; however, the governinq body of the county may re-
duce this exception to a smaller area of disturbed land or quali-
fy the conditions under which this exception shall apply;
12. Installation of fence and sign posts or tele-
phone and electric poles and other kinds of posts or poles;
13. Shore erosion control proiects on tidal waters
when the proiects are approved by local wetlands boards, the
Marine Resources Commission or the United States Army Corps of
Engineers;
14. Emergency work to protect life, limb or proper-
ty, and emergency repairs; however, if the land-disturbing activi-
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April 25, 1989
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ty would have required an approved erosion and sediment control
plan, if the activity were not an emergency, then the land area
disturbed shall be shaped and stabilized in accordance with the
requirements of the plan-approvinq authority.
"Land disturbing permit" means a permit issued by
the 6a~e~iR~eRàeR~ director for clearing, filling, excavat-
grading or transporting, or any combination thereof, on
except as excluded elsewhere in this chapter.
ing,
land,
"Local erosion and sediment control proqram" or "lo-
cal control program" means an outline of the various methods em-
ployed by a district or locality to regulate land-disturbinq ac-
tivities and thereby minimize erosion and sedimentation in compli-
ance with the state program and may include such items as local
ordinances, policies and guidelines, technical materials, inspec-
tion, enforcement and evaluation.
"Owner" means the owner or owners of the freehold of
the premises or lesser estate therein, a mortqaqee or vendee in
possession, assiqnee of rents, receiver, executor, trustee, les-
see or other person, firm or corporation in control of a proper-
~
"Permittee" means the person to whom the permit auth-
orizing the land disturbing activities is issued or the person
who certifies that the approved erosion and sediment control plan
will be followed.
"Person" means any individual, partnership, firm,
association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utili-
ty, cooperative, county, city, town, or other political subdivi-
sion of the Commonwealth, any interstate body, or any other legal
entity.
"Plan-approving authority" means the director of
April 25, 1989
71 '1
development inspections responsible for determining the adequacy
of a conservation plan submitted for land-disturbing activities
on a unit or units of lands and for approving plans.
"Sediment" means all loose material, including boul-
ders, cobbles, pebbles, sand, silt, clay and soil, which may be
borne by water, wind, gravity or by any artificial means.
"Site plan" means a survey plot of a parcel of land,
with contours accurately shown and on which the location of pro-
posed structures and of all appurtenant connecting facilities are
shown.
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"State erosion and sediment control program" or
"state program" means the program administered by the Board
pursuant to this article, including regulations designed to
minimize erosion and sedimentation.
"State waters" means all waters on the surface and
under the ground wholly or partially within or bordering the Com-
monwealth or within its iurisdiction.
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April 25, 1989
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-
"Subdivision," means "subdivision" as defined in
Chapter 17 of the Roanoke County Code, Subdivisions.
Sa~e~iR~eRàeR~-æeaRs-~Re-sa~e~iR~eRàeR~-ei-àeve*e~-
æeR~-ei-~Re-eeaR~YT
"Town" means an incorporated town.
"Transporting" means any moving of earth materials
from one place to another, other than such movement incidental to
grading, when such movement results in destroying the vegetative
ground cover either by tracking or the buildup of earth materials
to the extent that erosion and sediment will result from the soil
or earth materials over which such transporting occurs.
"Unstable ground" means all land the surface of
which is shifting laterally or vertically as the result of natu-
ral causes. Examples: Naturally ingressing seepage areas, sink-
hole depressions and terrain within which downslope movement of
loose rocks and soil is taking place.
Sec. 8-2.1. Applicability of chapter in Town of Vinton.
The provisions of this chapter shall be applicable
within the corporate limits of the Town of Vinton. Administra-
tive procedures and review fee may be established to accommodate
the review of plans for developments located within the town.
SeeT-8-~T----EHeæ~~ieRs-i~eæ-eRa~~e~T
-------------~Re-~~evisieR8-ei-~Ris-eRa~~e~T-eHee~~-~Rese-ei-See-
~ieRs-8-±2-aRà-8-±9-sRa**-Re~-Be-eeRs~~aeà-~e-a~~*y-~e-~Re-ie**ew-
iR§+
(1) SaeR-æiRe~-*aRà-àis~a~BiR§-ae~ivi~ies-as-Reæe
§a~àeRs -aRà -iRàiviàaa* -ReJRe -*aRàsea~iR§T -~e-
~ai~s-aRà-æaiR~eRaRee-we~kT
(2) iRàiviàaa*-se~viee-eeRRee~ieRsT
April 25, 1989
.71 3
(3) SeRs~~ae~ieRT-iRs~a**a~ieRT-e~-æaiR~eRaRee-ei
e±ee~~ie-aRà-~e±e~ReRe-a~i±i~y-±iResT
(4) iRs~a±*a~ieRT -JRaiR~eRaRee -e~ -~e~ai~ -ei -aRY
aRàe~§~eaRà -~aB±ie -a~i±i~y -±iResT -wReR -saeR
ae~ivi~y-eeea~s-eR-aR-eHis~iR§-Ra~à-sa~iaeeà
~eaàT-s~~ee~-e~-siàewa**T-~~eviàeà-saeR-±aRà
àis~a~BiR§-ae~ivi~y-is-eeRiiReà-~e-~Re-a~ea-ei
~àe -~eaEiT -s~~ee~ -e~ -siEiewa** -wàieà -is -àa~Ei-
sa~iaeeàT
(5) Se~~ie-~aRk-±iRes-e~-à~aiRa§e-iie±àsT-aR±ess
iRe±aàeà-iR-aR-eve~a±±-~±aa-ie~-±aRà-àis~a~BiR§
ae~ivi~y-~e*a~iR§-~e-eeRs~~ae~ieR-ei-~Re-Bai*à-
iR§-~e-Be-se~veà-BY-~Re-se~~ie-~aRk-sys~eæT
(6) Sa~iaee-e~-àee~-JRiRiR§T
(7) EH~±e~a~ieR-e~-à~i~±iR§-ie~-ei*-aREi-§as7-iR-
e±aàiR§-~Re-we±*-si~eT-~eaàs-aRà-eii-si~e-àis-
~esa±-a~easT
(8) ~i±±iR§T-~±aR~iR§-e~-Ra~ves~iR§-ei-a§~iea±~a~-
a±T-Re~~iea±~a~a±-e~-ie~es~-e~e~sT
(9) SeRs~~ae~ieRT -~e~ai~ -~eBai~àiR§ -ei -~àe
~~aeksT-~i§R~s-ei-waYT-B~ià§esT-eeææaRiea~ieR
iaei±i~ies -aRà -e~Re~ -~e±a~eà -s~~ae~a~es -aRà
~aei±i~ies-e~-a-~ai±~eaà-eeæ~aRYT
(10) P~e~a~a~ieR-~e~-siR§±e-~aæi±y-~esiàeRees-se~-
a~a ~e±y- Bai ± ~ r aR±es s- ifreeR jaRe~iefrwi ~ft-æa± ~ i-
~±e-eeRs~~ae~ieR-iR-saBàivisieR-àeve*e~æeR~T
(11) eis~a~BeEi-*aRà-a~eas-ie~-eeææe~eia*-e~-ReReeJR-
JRe~eia*-ases-ei-*ess-~RaR-~eR-~ReasaRà-t±9T999t
s~aa~e-iee~-iR-siBeT
(12) iRs~a**a~ieR-e~-ieRee-aRà-si§R-~es~s-e~-~e±e-
~ReRe-aRà-e*ee~~ie-~e±es-aRà-e~Re~-kiRàs-ei
~es~s-e~-~e*esT-
714
April 25, 1989
-
----i.
-
~
r
(13) 8JRe~§eRey-we~* -~e -~~e~ee~ -*iieT -*iæB -e~ -~~e-
~e~~y-aRà-eæe~§eRey-~e~ai~st-~~eviàeà-~Ra~T-ii
~àe -*aRà-ài6~a~BiR§ -ae~ivi~y -wea±à -Rave -~e-
~ai~eà-aR-a~~~eveà-e~e6ieR-aRà-seàiæeR~-eeR~~e*
~*aRT -i~ -~Re -ae~ivi~y -we~e -Re~ -aR -eæe~§eReYT
~ReR-~àe-*aRà-a~ea-àis~a~Beà-sRa**-Be-sRa~eà
aRà-s~aBi±iBeà-iR-aeee~àaRee-wi~R-~Re-~e~ai~e-
JReR~S-e~-~Re-6a~e~iR~eRàeR~-e~-~Re-6~a~e-sei±
aRà-wa~e~-eeRse~va~ieR-eeææis6ieRT
Sec. 8-4. Administration of chapter in conjunction with
subdivision and zoning ordinances.
This chapter shall be administered, where appli-
cable, in conjunction with the county's subdivision and zoning
ordinances wherein such apply to the development and subdivision
of land within the county or where such apply to development on
previously subdivided land within the county.
Sec. 8-5. Enforcement of chapter generally.
Enforcement of this chapter shall rest with the
6a~e~iR~eRàeR~ -ei -àeve*e~æeR~ director of development inspec-
tions=.
Sec. 8-6. Legal action to enforce chapter.
The county attorney shall, upon request of the 6a~-
e~iR~eRàeR~ director of development inspections, take legal
action to enforce the civil provisions of this chapter.
Sec. 8-7. Penalty for violation of chapter.
A violation of this chapter shall be deemed a misde-
meanor punishable by a fine not exceeding one thousand ($1,000)
April 25, 1989
71'5
dollars or thirty (30) days imprisonment, or by both such fine
and imprisonment. ~Re -iJR~esi~ieR -ei -saeR -~eRa*~y -sRa~~ -Re~
~e±ieve -aRY -~e~seR -~~eJR -R.~s -e~v~~ -àa~~es -aRà -~es~eRs~B~±~~~es
aRàe~ -~R.~S -eRa~~e~T In addition to any criminal penalties
under this section, any person who violates any provision of this
chapter may be liable to the county in a civil action for damages.
Without limiting the remedies which may be obtained in this sec-
tion, any person violating or failinq, neglecting or refusing to
obey any injunction, mandamus or other remedy obtained pursuant
to this section shall be subject, in the discretion of the court,
to a civil penalty not to exceed two thousand ($2,000) dollars
for each violation.
Sec. 8-8. Injunctive relief for violation of chapter.
The sa~e~iR~eRàeR~ director of development in-
spections may apply to the circuit court of the county for injunc-
tive relief to enjoin a violation or a threatened violation of
this chapter, without the necessity of showing that there does
not exist an adequate remedy at law.
Sec. 8-9. Effect of chapter on liability and proceedings for
damage.
Neither the approval of an erosion and sediment con-
trol plan under the provisions of this chapter, nor compliance
with the conditions of such plan, shall be deemed to relieve any
person from responsibility of damage to other persons or property
in cases where negligence is shown, nor shall such approval im-
pose any liability on the county for damage to other persons or
property; provided, however, that compliance with the provisions
of this chapter shall be prima facie evidence in any legal or
equitable proceeding for damages caused by erosion, siltation, or
116
April 25, 1989
---.,
sedimentation that all requirements of law have been met and the
complaining party must show negligence in order to recover any
damages.
Sec. 8-10. Appeals from actions or decision under chapter.
Any person jointly or severally aggrieved by any
final decision of the sa~e~~R~eRàeR~ director under this chap-
ter may appeal to the circuit court of the county, by filing a
petition, duly verified, setting forth that such decision is il-
legal, in whole or in part, and specifying the grounds of the
illegality. Such petition shall be presented to the court within
thirty (30) days after the final decision of the sa~e~iR~eR-
àeR~ director of development inspections.
Sec. 8-11. Control measures generally.
(a) Practices for erosion and sediment control in
the county shall meet or exceed the standards and specifications
contained in the Virginia Erosion and Sediment Control Handbook,
Part III, as published and amended through March 8, 1983, in haec
verba and the Code of Virginia, as amended through such date.
(b) Practices for erosion and sediment control for
which standards and specifications are not contained in this chap-
ter may be approved by the sa~e~~R~eRàeR~ director of develop-
ment inspections, based on the merits of the practice, as pro-
posed for use in individual circumstances.
(c) Practices for erosion and sediment control may
include:
( 1) Establishment of a temporary vegetative or
other protective cover on exposed earth
surfaces. Such ~overshall be appropriate
for soil conditions, season and antici-
April 25, 1989
·71 7
pated duration of exposure, and may in-
clude plastic, fiber mats, netting, gravel
or crushed stone, mulch, grasses and other
vegetation. If used, temporary protective
cover shall be provided within thirty (30)
days, or such other time as may be pre-
scribed by the sa~e~~R~eRàeR~ direc-
tor, from completion of the soil distur-
bance.
(2) Temporary diversion ditches, earth berms
or other similar facilities to divert run-
off away from slopes or other areas
stripped or limited of vegetative cover
and to divert runoff to vegetated or other
protective areas prior to entering adja-
cent property.
(3) Construction of temporary desilting basins
or devices. The location of such measures
shall be as indicated by the location of
areas of probable erosion. Volumes of
basins for silt storage shall be in propor-
tion to the erodible area drained and to
the period of expected use.
(d) periodic maintenance of control measures shall
be the responsibility of the developer and additional measures
shall be provided, if indicated by field conditions during con-
struction. When these temporary measures have fulfilled their
purpose, the area shall be modified to its intended permanent
appearance.
(e) For permanent construction, desiltation devices
or basins will not be considered as acceptable alternatives to
718
April 25, 1989
=:¡¡
measures for the limitation of erosion. Permanent desiltation
devices or basins will be allowed only with the permission of the
sa~e~~R~eRèeR~ director of development inspections, in which
event a proposed plan for their perpetual maintenance, with par-
ticular attention to periodic removal and disposal of accumulated
silt, shall be provided.
(f) The sa~e~~R~eRàeR~ director of development
inspections may require additional information when cuts or fills
exceed ten ( 10) feet in vertical height and the slopes are
steeper than two (2) horizontal to one (1) vertical (2:1).
Sec. 8-12. Responsibility of owner when land-disturbing
activities do not require control plan.
For land-disturbing activities for which a control
plan is not required by this chapter, the owner of the land shall
have the responsibility of seeking to achieve the objectives
stated in section 8-33, using whatever measures are appropriate,
as suggested in section 8-11, and shall be liable for erosion,
siltation or water damages resulting directly from alteration of
the terrain.
Sec. 8-13. Site plan for cases of permanent construction.
(a) A site plan is required for all parcels of land
upon which permanent construction is to be placed.
(b) A site plan shall be detailed as follows:
(1) A vicinity drawing showing all data accu-
rately indicating the site location and
showing highways, municipalities, major
streams and other identifiable landmarks.
A north arrow shall be shown.
(2 )
April 25, 1989
719
Bounds of the property on which the work
is to be performed, with adjacent property
owners indicated.
(3) Location of any buildings or structures on
the property where the work is to be per-
formed, and the location of any building
or structure on land of adjacent property
owners which are within fifteen (15) feet
of the property.
(4) Accurate contours, at a minimum of five-
foot intervals, showing the topography of
the existing ground, with all established
floodplains indicated. All streams,
ponds, lakes and wetland areas shall be
shown. The nature and extent of existing
vegetation shall be shown.
(5) Elevations, dimensions, location, extent
and slopes of all proposed grading, shown
by contours at a minimum of five-foot
intervals drawn to a scale.
(6) Location of all drainage devices, walls,
cribbing, dams or other protective devices
to be constructed in connection with or as
part of the proposed work.
(7) Any additional plans, drawings, or calcula-
tions required by the sa~e~iR~eRàeR~
director; and it shall comply with the
following requirements:
(a) Details for the proper construction
of control measures which will be
constructed shall be indicated on the
plans.
72 0' .
April 25, 1989
-
(b) provisions for the removal of tempo-
rary control measures shall be noted
on the plans.
(c) Plans for the control of soil erosion
and sedimentation shall adequately
consider coordinating seeding and
mulching with construction practices
and the scheduling of the various
stages of construction.
(d) Plans for the control of soil erosion
and sedimentation shall take into
consideration the condition of the
land proposed for development and
surrounding areas. If such land has
previously been stripped and/or par-
tially graded, thus creating erosion
hazards, the plans shall provide as
the initial step in construction such
measures as will be immediately effec-
tive in controlling erosion and silta-
tion.
(e) Account for the staging of major 1and-
disturbing activities and include the
timing and sequence of installing the
conservation practices and facili-
ties, including the removal and stor-
age of topsoil.
(8) Run-off calculations for the property in
order to provide for proper storm water
management.
(c) For land development to which the requirements
April 25, 1989
72 1
of this chapter are applicable, and which propose the clearing of
trees, the removal of any vegetative land cover or the grading of
earth, the plan required by this section shall be incorporated in
and be a part of any subdivision or site plan for such develop-
ment.
(d) The sa~e~iR~eRàeR~ director of development
inspections shall be responsible for the review of, and making
recommendations as to, site plans submitted under this section.
(e) The sa~e~iR~eRàeR~ director of development
inspections shall approve or disapprove a site plan submitted
under this section within a reasonable period of time, not to
exceed forty-five (45) days, consistent with the size of the pro-
posed project.
Sec. 8-14. Permit for land-disturbing activities generally.
(a) No person shall engage in any land-disturbing
activity within the county until he has acquired a land-disturb-
ing permit from the sa~e~~R~eRàeR~ director of development
inspections.
(b) The àe~a~~æeR~ -ei -àeve*e~æeR~ division of
development and inspections will receive applications for permits
under this section, coordinate their review with the àe~a~~JReR~
e~ -~aB±~e -~aei±i~ies division of engineering and issue such
permits.
(c) A land-disturbing permit shall specify the com-
pletion date for the land-disturbing activities, consistent with
the date indicated on the approved plan. If such activities are
not completed by the stated date, the permit shall expire. Exten-
sions may be requested. A special permit for the removal of
soil, gravel or sand for the purposes of sale or resale may be
issued which does not require a completion date. For this type
722
April 25, 1989
of permit, all other requirements of this chapter shall be com-
plied with.
Sec. 8-15. Prerequisites to issuance of permits for work
involving land-disturbing activities--Generally.
No officer, employee or agency of the county autho-
rized to issue grading, land-disturbing, building or other per-
mits for work involving land-disturbing activities shall issue
any such permit, unless the applicant therefor submits with his
application an erosion and sediment control plan approved pursu-
ant to article II of this chapter, or certification of such ap-
proved plan from the àe~a~~æeR~ -e~ -àeve±e~æeR~ division of
development and inspections as well as certification that such
plan will be followed.
Sec. 8-16. Same--Bond or other security.
(a) Prior to the issuance of any permit referred to
in section 8-15, the àe~a~~JReR~ -ei -àeve~e~JReR~ division of
development and inspections shall require from the applicant a
reasonable performance bond, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement as is accept-
able to the sa~e~~R~eRàeR~ director, to ensure that measures
could be taken by the county, at the applicant's expense, should
he fail, after proper notice, within the time specified to initi-
ate or maintain appropriate conservation action which may be re-
quired of him as a result of his land-disturbing activity.
(b) Within sixty (60) days of the completion of
the land-disturbing activity, such bond, cash escrow, letter of
credit or other legal arrangement, or the unexpended or unobli-
gated portion thereof, shall be refunded to the applicant or ter-
minated, as the case may be.
April 25, 1989
723
(c) The requirements of this section are in addi-
tion to all other provisions of law relating to the issuance of
such permits and are not intended to otherwise affect the require-
ments for such permits.
Sec. 8-17. Inspection of land-disturbing activities.
The sa~e~~R~eRàeR~ director of development in-
spections shall periodically inspect land-disturbing activities
to ensure compliance with the approved plan and to determine
whether the measures required in the plan are effective in con-
trolling erosion and sediment resulting from the land-disturbing
activity. The right of entry to conduct such inspections shall
be expressly reserved in the permit issued pursuant to this chap-
ter and the landowner shall notify the sa~e~iR~eRàeR~ direc-
tor of development inspections, upon completion of the work cov-
ered under the permit, that such work is ready for final inspec-
tion.
Sec. 8-18. Failure to comply with approved plans.
(a) Failure to comply with the provisions of a con-
trol plan or site plan approved under this chapter, as evidenced
by failure to properly construct, at the proper time, all control
measures required by such plans, shall be sufficient grounds for
revocation of all permits issued for the work covered by such
plans.
(b) Upon failure to comply with the requirements of
an approved control plan or site plan the sa~e~iR~eRàeR~ di-
rector of development inspections shall give notice of such fail-
ure to comply, in writing, by registered mail, addressed to the
person to whom the permit for the work was issued, at his last
known address, and stating that such person shall have ~eR-t±9t
72 "
April 25, 1989
~
àays -W~~R.~R -wR.~eR. -~e -eeJR~*Y -W~~R -saeR. -~e~i~eæeR~sT - -Y~eR -~R.e
eH~i~a~~eR-ei-~R.e-~eR-t±9t-àaysT-aRà-a~eR-a-ia~~Re~-èe~e~~Ra~ieR
~Ra~~R.e-~e~a~~eJReR~S-Rave-Re~BeeR-eeæ~~ieè-w~~R.y-~Re-sa~e~~R~eR-
àeR~-SR.a~~-§ive-saeR-~e~seR-i~ve-t§t-àays-w~i~~eR-Re~~ee-ei-R~6
~R~eR~~eR-~e-RaVe-~R.e-eeaR~y-~~eeeeè-~e-RaVe-~R.e-Reees6a~y-we~k
àeRe-~e-eeæ~~y-w~~R-~R.e-~*aRT a reasonable time to comply with
such requirements as determined by the director of development
inspections. Upon the expiration of such i~ve -t5t -àays rea-
sonable time and upon a further determination that the require-
ments have not been complied with, the sa~e~~R~eRàeR~ direc-
tor of development inspections shall call in the bond, letter of
credit or escrow account posted pursuant to section 8-16 and
shall forthwith institute all necessary measures and procedures
to ensure completion of the work. The cost to the county of such
work shall constitute a lien on the land upon which such work is
done and shall be recovered from the owner or other person in
possession, charge or control of such property.
(c) Upon receipt of a sworn complaint of substan-
tial violation of this section, the director of development in-
spections may, in conjunction with or subsequent to a notice to
comply as specified in subsection B above, issue an order requir-
ing that all or part of the land-disturbing activities permitted
on the site be stopped until the specified corrective measures
have been taken. Where the alleged noncompliance is causing or
is in imminent danger of causing harmful erosion of lands or sedi-
ment deposition in waters within the waters of the Commonwealth,
such an order may be issued whether or not the alleged violator
has been issued a notice to comply as specified in subsection B
above. Otherwise such an order may be issued only after the
alleged violator has failed to comply with a notice to comply.
The order shall be served in the same manner as notice to comply,
April 25, 1989
72:5
-
and shall remain in effect for seven (7) days from the date of
service pending application by the director of development inspec-
tions or alleqed violator for appropriate relief to the circuit
court of the jurisdiction where the violation was alleged to have
occurred. Upon completion of the corrective action, the order
shall be immediately lifted. Nothinq in this section shall pre-
vent the director of development inspections from taking any
other action specified in section 8-7.
Sec. 8-19.
Elimination of existing hazardous sediment
conditions.
(a) Whenever the sa~e~~R~eRàeR~ director of
development inspections determines that any existing sediment
condition has become a hazard to life or limb, endangers property
or adversely affects the safety, use or stability of a public or
private way or drainage channel, the owner of the property from
which the sediment condition emanates, or other person or agent
in control of such property, upon receipt of notice in writing
from the 6a~e~~R~eRàeR~ director of development inspections,
shall, within the period specified therein, abate the condition
so as to eliminate the hazard and be in conformance with the re-
quirements of this chapter.
(b) If the person notified pursuant to subsection
(a) above fails to eliminate the sediment condition within the
specified time, the 6a~e~~R~eRàeR~ director shall cause the
necessary work to be done to eliminate the condition. The cost
to the county of such work shall constitute a lien on the land
upon which such work is done and shall be recovered from the
owner or other person in possession, charge or control of such
property. The sa~e~~R~eRàeR~ director of development inspec-
tions shall give the applicant five (5) days written notice of
.' 72 6 April 25, 1989
his intention to have the county proceed pursuant to this subsec-
tion.
Article II. Control Plan for Land-Disturbing Activities
Sec. 8-31. Submission and approval required.
No person shall engage in any land-disturbing activi-
ty, until such person has submitted to the sa~e~~R~eRàeR~
director of development inspections, an erosion and sediment con-
trol plan for such land-disturbing activity and until such plan
has been reviewed and approved by the 6a~e~~R~eRàeR~ director
of development inspections.
Sec. 8-32. Filing fee.
An applicant submitting a plan pursuant to this arti-
cle shall pay a filing fee, a6-~e~a~~eà-BY-Bea~à-ei-6a~e~vise~s
aRà -se~ -~e~~R. -BY -6e~a~a~e -~e6e±a~~eRT of fifty ($50) dollars
plus fifty ($50) dollars for each acre ora portion thereof not
to exceed one thousand ($1,000) dollars to cover the administra-
tive expense of review and inspection and approval of such plan.
Sec. 8-33. Contents and objectives.
(a) An erosion and sediment control plan submitted
under this article shall detail those methods and techniques to
be utilized in the control of erosion and sediment in accordance
with chapters 3 and 6 of the Virginia State Erosion and Sediment
Control Handbook.
(b) The objectives of an erosion and sediment con-
trol plan shall be as follows:
(1) To ensure that significant volumes of
waterborne sediment are not deposited on
April 25, 1989
727
property, public or private, or in public
waterways, natural or manmade, as a result
of development.
(2) To ensure that downstream storm drainage
facilities are not unduly diverted or
reduced in capacity by siltation or over-
taxed by increased storm runoff.
(3) To ensure that the capacity of any down-
stream water impoundment is not reduced by
siltation.
~
(5)
To ensure that permanent facilities and
features of the proposed development are
not harmfully affected by erosion and sedi-
mentation.
To ensure the appropriate restriction or
remedial treatment for land-disturbing
activity on unstable ground.
expected date of completion of the land-
shall be indicated on the plan.
(4 )
( c ) The
disturbing activities
Sec. 8-34. Responsibility of owner as to plan for
land-disturbing activity by contractor.
When land-disturbing activity will be required of a
contractor performing construction work pursuant to a construc-
tion contract, the preparation, submission and approval of an
erosion and sediment control plan shall be the responsibility of
the owner.
Sec. 8-34.1. Review by superintendent of public facilities.
The sa~e~~R~eRàeR~ director of engineering shall
review plans submitted under this article and make recommenda-
72 8
April 25, 1989
-
tions relative thereto the sa~e~~R~eRàeR~ director of develop-
ment inspections.
Sec. 8-35. Approval or disapproval.
(a) The sa~e~~R~eRàeR~ director of development
inspections shall act on a plan submitted under this article,
within forty-five (45 ) days from receipt thereof, by either approv-
ing the plan in writing or by disapproving the plan in writing
and giving the specific reasons for the disapproval. The sa~e~-
~R~eRàeR~ director of development inspections shall approve
such plan, if he determines that the plan meets the conservation
standards of the county control program and if the person respon-
sible for carrying out the plan certifies that he will properly
perform the erosion and sediment control measures included in the
plan and will conform to the provisions of this chapter.
(b) When a plan submitted for approval under this
article is found, upon review by the sa~e~~R~eRàeR~ director
of development inspections, to be inadequate, the 6a~e~~R~eR-
àeR~ director shall specify such modifications, terms and condi-
tions as will permit approval of the plan and communicate these
requirements to the applicant.
( c) I f no action is taken by the sa~e~iR~eRàeR~
director of development inspections within the time specified in
subsection (a) of this section, the plan shall be deemed approved
and the person submitting it shall be authorized to proceed with
the proposed activity.
Sec. 8-36. Amendment to approved plan.
Any plan which has been approved under this article
may be amended by the sa~e~~R~eRèeR~ director of development
inspections where:
April 25, 1989
72 9
-
(1) Inspection has revealed the inadequacy of the
plan to accomplish the erosion and sediment
control objectives of the plan, and appropriate
modifications to correct the deficiencies of
the plan are agreed to by the sa~e~iR~eR-
àeR~ director of development inspections and
the person responsible for carrying out the
plan; or
(2) Where the person responsible for carrying out
the approved plan finds that, because of
changed circumstances or for other reasons, the
approved plan cannot be effectively carried out
and proposed amendments to the plan, consistent
wi th the requirements of this chapter, are
agreed to by the 6a~e~~R~eRàeR~ director of
development inspections and the person responsi-
ble for carrying out the plan.
This ordinance shall be in full force and effect
from and after April 26, 1989.
On motion of Supervisor Nickens, seconded by
Supervisor Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
3. Ordinance amending and re-enacting Chapter 15,
"Parks
and Recreation," of the Roanoke County Code to provide for the
regulation of conduct in public parks.
730
April 25, 1989
Director of Parks and Recreation Stephen Carpenter was
present to answer questions.
Supervisor Nickens moved to adopt the ordinance. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
ORDINANCE 42589-8 AMENDING AND REENACTING
CHAPTER 15, PARKS AND RECREATION TO
PROVIDE FOR THE REGULATION OF CONDUCT IN
PUBLIC PARKS
WHEREAS, Virginia Code Section 15.1-271 confers on local
government the authority to establish and conduct a system of
public recreation and playgrounds, to acquire real property, and
to equip the same for conducting such progress, and to employ a
director and other assistants and employees for such system; and
WHEREAS, the County of Roanoke has acquired real property
and equipped such property for the purposes of conducting a
system of public recreation and playgrounds and has hired a
director of parks and recreation and other employees of a
division of parks and recreation; and
WHEREAS, the County of Roanoke wishes to establish rules of
conduct for all individuals or groups using the County's parks
April 25, 1989
731
and recreation facilities including those located on Roanoke
County School Board property by the regulation of traffic and
behavior and the establishment of hours of operation of such
facilities to be enforced by appropriate fines and penalties.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 15, Parks and Recreation of the Code of
Roanoke County be, and hereby is, amended and reenacted by the
addition of the following provisions regulating conduct in public
parks to read and provide as follows:
Sec. 15-1. Title.
This chapter shall be known and may be cited as the
"Ordinance Regulating Conduct in Public Parks of Roanoke County."
Sec. 15-2. Definitions.
For the purpose of this chapter, the following terms,
phrases, words, and their derivation shall have the meaning given
herein. When not inconsistent with the context, words used in
the present tense include the future, words used in the singular
number include the plural number. The word "shall" is always
mandatory and not merely directory.
County is the County of Roanoke.
132
April 25, 1989
Director means the Director of Parks and Recreation and
includes any person whom the Director designates to act for the
Director hereunder.
Park and other areas, now or in the future operated and
maintained by the County of Roanoke Department of Parks and
Recreation, are defined to mean parks, public lands, playgrounds,
recreation fields, museums, buildings, lakes, streams, lagoons,
water areas, and submerged lands, and all public service
facilities located on or in grounds, waters, buildings and
structures in Roanoke County which are under the control of or
assigned for upkeep, maintenance or operation by the County of
Roanoke, Department of Parks and Recreation; including property
of the Roanoke County School Board.
Person is any person, firm, partnership, associations,
corporation, company, or organization of any kind.
Vehicle means every device in, upon, or by which any person
or property may be transported upon a highway, except devices
moved by power collected from overhead electric trolley wires, or
used exclusively upon stationary rails or tracks, and except
devices other than bicycles moved by human power.
Permit is any written license issued by or under
the authority of the Director of Parks and Recreation permitting
the performance of a specified act or acts.
April 25, 1989
733
Parking means the standing of a vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading.
Closed Hours means the hours from 11:00 p.m. until 6:00 a.m.
the following day.
Department when used hereinafter is defined as the
Department of Parks and Recreation for the County of Roanoke.
Sheriff's deputies means all properly-trained and deputized
law enforcement officers of the Roanoke County Sheriff's
Department and any law enforcement officer legally empowered to
issue warrants of arrest or summons within the County of Roanoke.
Park attendants means all full-time employees of the
department of parks and recreation and any part-time or temporary
employees of the department specifically authorized by the
director to enforce the requirements of this chapter.
Sec. 15-3. Division of parks and recreation established;
Position of director thereof created.
A department of parks and recreation is hereby established
and the position of director of such department is hereby
created.
Sec. 15-4. Conduct of county recreation programs.
734
April 25, 1989
-
The department of parks and recreation shall conduct the
recreation programs of the county, as directed by the board of
supervisors or the county administrator.
Sec. 15-5. Park property.
No person in a park shall:
1. Property:
A. Disfiguration and removal.
disfigure, injure, tamper with or
building, bridges, tables, benches,
Willfully mark, deface,
displace or remove any
fireplace, railings, tree
guards, paving or paving material, public utilities or parts or
appurtenances thereof, signs, notices or placards (whether
temporary or permanent), monuments, stakes, posts or other
boundary markers, or other structures or equipment, facilities or
park property or appurtenances whatsoever, either real or
personal.
B. Restrooms and washrooms. Fail to maintain restrooms and
washrooms in an neat and sanitary a condition as prior to such
persons use, nor shall any person over the age of five (5) years
use the restrooms and washrooms designated for the opposite sex.
C. Removal of natural resources. Dig or remove any sand,
soil, rock, stones, water, trees, shrubs or plants, downed timber
or other wood or materials, or make any excavation by tool,
equipment, blasting or other means or agency.
April 25, 1989
735
D. Erection of structures. Construct or erect any building
structure or utility service of whatever kind, whether permanent
or temporary in character in any park except by special written
permit issued hereunder.
2. Trees, shrubbery, lawns.
A. Injury and removal. Damage, cut, carve, transplant or
remove any tree or plant or injure the bark, or pick the flowers
or seeds of any tree or plant; nor attach any rope, wire, or
other contrivance to any tree or plant; or dig in or otherwise
disturb grass areas, or in any other way injure or impair the
natural beauty or usefulness of any area.
B. Climbing trees, etc. Climb any tree or walk, stand, sit
or attach any rope or cable or other contrivance upon monuments,
vases, fountains, railings, fences or upon any other property not
designated or customarily used for such purposes.
3. Wild animals, birds, etc.
A. Hunting. Hunt, molest, frighten, kill, trap, chase,
tease, shoot, or throw missiles at any animal, reptile or bird;
nor shall any person remove or have in his possession the young
of any wild animal, or the eggs or nest, or young of any reptile
or bird.
B.
animal
Feedinq.
or bird any
Give or offer, or
tobacco, alcohol
attempt to give to any
or other known noxious
substance.
736
April 25, 1989
-
~
Sec. 15-6. Sanitation. No person in a park shall:
1. Pollution of waters. Throw, discharge, or otherwise place
or cause to be placed in the waters of any fountain, pond, lake,
stream, bay or other body of water in or adjacent to any park or
any tributary, stream, storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution or littering of said
waters.
2.
Rubbish and refuse matter.
Bring in or shall dump, lay,
¡
i
t
t
t
r
f
ì
cast,drop, discharge, deposit or leave any bottles, broken glass,
ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage
or refuse, or any other trash. No such refuse or trash shall be
placed in any water in or contiguous to any park, or left
anywhere on the grounds thereof, but shall be placed in the
property receptacles where these are provided; where receptacles
are not so provided, all such rubbish or waste shall be carried
away from the park by the person responsible for its presence and
properly disposed of elsewhere.
Sec. 15-7. Traffic. No person in a park shall:
1.
Motor vehicle laws apply.
Fail to comply with all
applicable provisions of the State and County motor vehicle
April 25, 1989
73 7
.
-
traffic laws in regard to equipment and operation of vehicles
together with such regulations as are contained in this and other
ordinances.
2. Enforcement of traffic regulations. Fail to obey all
Sheriff's deputies and park attendants who are hereby authorized
and instructed to direct traffic whenever and wherever needed in
the parks and on the highways, streets or roads immediately
adjacent thereto in accordance with the provisions of these
regulations and such supplementary regulations as may be issued
subsequently by the Director.
3. Obey traffic signs. Fail to observe all traffic signs
indicating speed, direction, caution, stopping or parking and all
others posted for property control and to safeguard life and
property.
4. Speed of vehicles. Ride or drive a vehicle at a rate of
speed exceeding 15 miles per hour, except upon such park roads as
the County may designate, by posted signs, for other speed
limits.
5. Operation confined to roads. Drive any vehicle on any area
except the paved park roads or parking areas, or such other areas
as may on occasion be specifically designated as temporary
parking areas by the Director.
6. Snowmobiles, etc. Operate in any park or recreation area
73 8
April 25, 1989
~
----;
~
snowmobiles, hovercraft, minibikes, motorcycles, go-carts, ATVs,
mopeds, or any other vehicles except in areas specifically
designated by the Director for such use.
7. Trucks and commercial vehicles. Shall operate in or through
any park, any trucks or commercial vehicles with a gross weight
in excess of five (5) tons, except for the delivery of the load
thereon for use in such parks as expressly approved by the
Director.
8. Parking.
A.
Designated areas.
Park a vehicle in other than an
established or designated area, and such use shall be in
accordance with the instructions of any park attendant or
Sheriff's deputy who may be present.
B. Prohibited activities. Park a vehicle in a park for the
expressed purpose of washing, repairing or maintaining the same.
C. Double parking. Double park any vehicle on any road or
parkway unless directed by a park attendant or Sheriff's
deputies.
9. Bicycles.
A.
Confined to roads.
Ride a bicycle on other than a
vehicular road or path designated for that purpose. A bicyclist
shall be permitted to wheel or push a bicycle by hand over any
grassy or wooded trail or any paved area reserved for pedestrian
use.
April 25, 1989
73 9
B. Designated racks.
a bicycle rack when such
available.
Leave a bicycle in a place other than
is provided and there is a space
Sec. 15-8. Prohibited uses of parks. No person in a park shall:
1. Distribution or display. Post, paint, affix, distribute,
handout, deliver, place, cast, or leave about any bill,
billboard, placard, ticket, handbill, circular, or advertisement;
display any flag, banner, transparency, target, sign, placard or
any other matter for advertising purposes; operate any musical
instrument for advertising purposes or for the purpose of
attracting attention to any exhibit, show, performance, or other
display unless expressly authorized through permit by the
Director pursuant to Section 15-11.
2. Contributions. Solicit contributions for any purpose.
3. Bathing and swimming.
A. Designated areas. Swim, bathe, wade in any waters or
waterways in any park, except in such waters and in such places
as are provided therefore, and in compliance with such
regulations as are herein set forth or may be hereinafter adopted.
Nor shall any person frequent any waters or places customarily
designated for the purpose of swimming or bathing, or congregate
thereat when such activity is prohibited by the Director upon a
74 0
April 25, 1989
-9
finding that such use of the water would be dangerous to public
health or welfare.
B. Erection of tent shelter or structure.
Erect or cause
to be erected any tent, shelter or structure on, or in any beach,
bathing or wading area in such a manner that a guy wire, rope,
extension, brace or support connected or fastened from any such
structure to any other such structure, stake, rock or other
object is necessary, nor shall any other such structure, tent or
shelter lack an unobstructed view of the interior from at least
C. Certain hours. Frequent any waters or places designated
I
!
two sides.
for the purpose of swimming or bathing, or congregate thereat,
except between such hours of the day as shall be designated by
the Director for such purposes for each individual area.
D. Bath houses. Dress or undress in any vehicle, toilet or
other place, except in such bathing houses or structures as may
be provided for that purpose.
4. Boating.
A. Designated areas. Bring into or operate any boat, raft,
or other watercraft, whether motor powered or not, upon any
waters except at places designated for boating by the Director.
Such activity shall be in accordance with applicable regulations
as are now or may hereinafter be adopted.
April 25, 1989
7'4 l'
.
B. Operation of boats. Navigate, operate, direct or handle
any boat in violation of federal, state or local laws pertaining
to the operation of boats.
C. Prohibition during closing hours. Launch, dock or
operated any boat of any kind on any waters during the closed
hour, nor shall any person be on or remain on or in any boat
during said closed hours of the park.
5. Fishinq.
A. Commercial fishinq. Commercial fishing, buying or
selling of fish caught in any park waters is forbidden.
B. Designated areas. Fish in any park waters, whether by
the use of hook-and-1ine, net trap, spear, gig, or other device,
except in such waters thereof as are or may be designated by the
Director for that use and under such regulations and restrictions
as have been or may be prescribed by said Department.
6. Hunting and firearms. Hunt, trap or pursue wildlife at any
time. Trapping may be authorized, by permit, when it is deemed
by the Director that said activity is in the best interest of
public health, safety and/or welfare. No person shall within a
park use, carry or possess firearms of any description, or air
rifles, spring guns, bow and arrows, slings or any other forms of
weapons potentially dangerous to wildlife and to human safety or
any instrument that can be loaded with and fire blank cartridges,
742
April 25, 1989
or any kind of trapping device. Shooting into park areas from
beyond park property boundaries is forbidden.
7. Picnic areas and use.
A. Regulated. Picnic in a place other than those
designated for that purpose. Park attendants shall have the
authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the
comfort and convenience of all. Visitors shall comply with any
directions given by park attendants to achieve this end.
B. Availability. Fail to observe the policy that use of
the individual fireplaces together with tables and benches shall
follow the rule of "first come, first served."
C. Duty of picnicker. Leave a picnic area before the fire
is completely extinguished and before all trash in the nature of
boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles where provided. If no such trash
receptacles are available, then refuse and trash shall be carried
away from the park area by the picnicker to be properly disposed
of elsewhere.
D. Non-exclusive. Use any portion of the park areas or of
any of the buildings or structures therein without a permit
issued by the Director, for the purpose of holding activities to
the exclusion of other persons, nor shall any person use such
April 25, 1989
743
area and facilities for an unreasonable time if the facilities
are crowded.
E. Reservations. Reservations for shelters only may be
obtained by paying a fee, as determined by the Department of
Parks and Recreation for exclusive use during said time period.
Permits will be issued upon payment of fee and must be in the
possession of users to be valid.
8. Camping. Set up tents, shacks, or any other temporary
shelter for the purpose of camping without a permit from the
Director, nor shall any person leave during closed hours any
equipment, structure or vehicle to be used or that could be used
for such purposes, such as house trailer, camp trailer, camp
wagon or the like.
9. Games. Take part in or organize any recreational activity
or the playing of any games except in areas set apart therefor.
10. Horseback riding. Ride, drive, or lead a horse except on
park drives or trails, as designated by the Director. Where
permitted, horses shall be thoroughly broken and properly
restrained, and ridden with due care, and shall not be allowed to
graze or go unattended, nor be hitched to any rock, tree and
shrub. No hoofed animals will be allowed on turf areas.
11. Missiles and fireworks. Carry, shoot, fire, explode or
throw any fireworks, firecrackers, rockets, torpedoes or missiles
of any kind in any park without a permit from the Director.
744
April 25, 1989
12. Photoqraphy. Without prior written authorization by the
Director, make still or moving pictures that involve the use of
special settings, structures, lighting or apparatus, or the
performance of a cast of persons, either amateur or professional,
or the posting of professional models; said written permission
may be issued only when such activities will permit normal use of
park facilities by other visitors. However, the provisions of
this section do not in any way restrict the use of cameras by
amateur photographers.
Sec. 15-9. Meetings and concessions. No person shall:
1. Hold or take part in any public meeting or event, religious,
political, charitable or otherwise, including picnic parties and
entertainment for charitable or religious purposes, in any public
park without first obtaining permission from the Director. Such
assemblages shall be conducted in a lawful and orderly manner;
and shall occupy such grounds and facilities as may be assigned
to or reserved for them.
2. Sell or offer for sale any food, beverage, refreshment or
any article or service whatsoever in any park or recreation
facility except by concessionaires under contract with the County
or by non-profit, charitable or religious groups, authorized by
permit from the Director.
April 25, 1989
745
Sec. 15-10. Behavior. No person in any park shall:
1. Intoxication. Enter upon or be in or remain in a park or
recreation facility while under the influence of alcoholic
beverages or any controlled substance as defined by the Drug
Control Act of the Code of Virginia.
2. Taking a drink or tendering same. Take a drink of any
alcoholic beverage or tender a drink thereof to any other person,
whether accepted or not, except as permitted by Section 4-78C. of
the 1950 Code of Virginia, as amended.
3. Domestic animals. Be responsible for the entry of a dog or
other domestic animal into a park or recreation area unless
carried, led by a chain, strap or rope, or kept in a wagon,
automobile or other vehicle by chain, rope, or strap. Dogs, cats
or other domestic animals shall not be permitted to enter any
lake, pond, fountain, swimming pool, stream or food and beverage
concession area within any park or recreation area. Seeing-eye
dogs shall be excluded from the provisions of this regulation.
4. Fires. Build or attempt to build a fire except in such
areas and under such regulations as may be designated by the
Director. No person shall drop or throw or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or
other inflammable material within any park area or on any
highway, road or street abutting or contiguous thereto.
74 6
April 25, 1989
-
5. Closed areas. Enter an area posted as "Closed to the
Public" or "No Trespassing," nor shall any person use or abet the
use of any area in violation of posted notices.
6. Going onto ice. Go onto ice on any of the waters except
such areas designated as skating areas and posted as such.
7. Disorderly conduct and disturbinq the peace. Recklessly
cause inconvenience, annoyance, or alarm to another by doing any
of the following:
A. Engaging in fighting, in threatening harm to persons or
property, or in violent or turbulent behavior;
B. Making unreasonable noise or offensively coarse
utterance, gesture or display, or communicating unwarranted and
grossly abusive language to any person;
C. Insulting, taunting, or challenging another under
circumstances in which such conduct is likely to provoke a
violent response;
D. Hindering or preventing the movement of persons on a
public street, road or right-of-way, or to, from, within or upon
public property, so as to interfere with the rights of others,
and by any act which serves no lawful and reasonable purpose of
the offender.
E. Creating a condition which is physically offensive to
persons or which presents a risk of physical harm to persons or
April 25, 1989
747
property, by any act which serves no lawful or reasonable purpose
of the offender.
8. Exhibit permits. Fail to produce and exhibit any permits
from the Director upon request of any Sheriff's deputy or park
attendant who shall request to inspect the same.
9. Interference with permittees. Disturb or interfere
unreasonably with any person or party occupying any area, or
participating in any activity, under the authority of a permit.
Sec. 15-11. Park Operating Policy.
1. Hours. Parks shall be open to the public every day of the
year from 6:00 a.m. to 11:00 p.m., except park facilities with
special hours of operation which shall be posted thereon.
Special permission from the Director is required for any persons
to remain in any park area outside regular open hours.
2. Closed areas. Any section of any part of any park may be
declared closed to the public by the Director at any time or for
any interval of time, either temporarily or at regular and
started intervals and either entirely or merely to certain uses,
as the Director shall find reasonably necessary.
3. Permit. A permit shall be obtained from the Director before
participating in a park activity prohibited by these rules:
A. Application. A person seeking issuance of a permit
748
April 25, 1989
~
hereunder shall file an application with the Director. The
application shall state: the name and address of the applicant;
the name and address of the person, persons, corporation or
association sponsoring the activity, if any; the day and hours
for which the permit is desired; an estimate of the anticipated
attendance; any other information which the Director shall find
reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
B. Standards of Issuance. The Director may issue a permit
hereunder when he finds: that the proposed activity or use of
the park will not unreasonably interfere or detract from the
general public enjoyment of the park; that the proposed activity
and use will not unreasonably interfere with or detract from the
promotion of public health, welfare, safety or recreation; that
the proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct; that the proposed
activity will not entail unusual, extra-ordinary or burdensome
expense or allocation of manpower resources by the Sheriff's
Department or other operation by the County; that the facilities
desired have not been reserved for other use at the day and hour
required in the application.
C. Appeal. Wi thin seven ( 7 ) days after receipt of an
application, the Director shall either issue a permit or apprise
April 25, 1989
74 9
an applicant in writing of his reasons for refusing a permit, and
any aggrieved person shall have the right to appeal in writing
within five (5) days to the Assistant County Administrator for
Human Services, which shall consider the application under the
standards set forth in sub-section (B) hereof and sustain or
overrule the Director's decision within 15 days. The decision of
the Assistant County Administrator shall be final.
D. Effect of permit. A permittee shall be bound by all
park rules and regulations and all applicable ordinances fully as
though the same were inserted in said permits.
E. Liability of Permittee. The person or persons to whom a
permit is issued shall be liable for any loss, damage or injuries
sustained by any person whatsoever, by reason of the negligence
of the person or persons to whom such permits shall have been
issued.
F. Revocation. The Director shall have the authority to
revoke a permit upon finding a violation of any rule or
ordinance, or upon good cause shown.
Sec. 15-12. Fines and penalties.
Unless a more severe punishment is specifically provided for
under State law which shall then be applicable to a violation of
this article, a violation of any provision of this article shall
. .,. ~_. .' ,~.... . - .~ -."'"
,75'0
April 25, 1989
constitute a Class 4 misdemeanor; provided that nothing herein
contained shall limit the authority of the court to order
restitution for the benefit of the county as a result of any
damage or abuse to property subject to this article.
2. That this ordinance shall be in full force and effect
from and after April 26, 1989.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
4. Ordinance authorizing acquisition of real estate
for a pump station, water storage tank, and water line easements
for the Old Hollins Road Water Line Project.
Mr. Mahoney asked for a continuance so that staff can
receive agreements from the citizens.
Supervisor Johnson requested that the property owners
be informed by letter of the continuance.
Supervisor Garrett moved to continue this ordinance to
May 9, 1989. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
April 25, 1989
75 1
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR ROBERS: ( 1) Asked the County Attorney to
research regulations in regard to drug use in public housing.
(2) Asked about the possibility of a ban on certain
nonbiogradable items used in restaurants. Mr. Mahoney responded
that the County has no authority to ban these materials without
General Assembly action and suggested that this become part of
the legislative package.
SUPERVISOR MCGRAW: (1) Invited the Board members to
the BLue Ridge Region events being held on April 27 at the
Tanglewood Holiday Inn. (2) Asked that he be appointed to serve
as the representative at the annual National Association of
Counties conference on July 15-18.
Supervisor Johnson moved to authorize Supervisor McGraw
to represent the Board of Supervisors at the NACO conference.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
SUPERVISOR GARRETT: announced that Roanoke County is
75 2
April 25, 1989
1
i
hosting the Virginia Treasurers Association in mid June. He
directed the County Administrator to work with County Treasurer
Alfred Anderson to assist him in hosting the event.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda.
with the addition of Item 4.
-
The motion was seconded by
Supervisor Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION NO. 42589-9 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM K -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for April 25, 1989, designated as Item K -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through ~ 4, inclusive, as follows:
1. Acceptance of water and sewer facilities serving
The Village, Phase I.
April 25, 1989
753
¡
i
2. Appropriation of funds for County Administrator's
vehicle.
3. Approval of Raffle Permit - North Cross School.
4. Approval of appropriation of $20,000 to fund All
American City trip and expenses.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson with Item 4 added, seconded
by Supervisor Nickens and upon the following recorded vote:
.~
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
reports.
The motion was seconded by Supervisor Robers and
carried by a unanimous voice vote.
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
1. Accounts Paid - March, 1989
2. Capital Fund Unappropriated Balance
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April 25, 1989
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3. General Fund Unappropriated Balance
4. Board Contingency Fund
5. Income Analysis and Statement of Expenditures as
of March 31, 1988
IN RE:
RECESS
Supervisor McGraw moved to recess at 4:50 p.m., there being
no executive session. The motion was seconded by Supervisor
Johnson and carried by a unanimous voice vote.
EVENING SESSION (7:00 P.M.)
IN RE:
PROCLAMATIONS, RESOLUTIONS, AND AWARDS
1. Resolution of Congratulations to Glenvar Rockettes
Basketball Team for winning the State Championship, 12 and Under
Division.
Members of the Glenvar Rockettes girls basketball team
were present to receive the resolution.
April 25, 1989
755
Supervisor McGraw moved to adopt the prepared resolution.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 42589-10 CONGRATULATING THE
ROCKETTES STATE CHAMPIONSHIP BASKETBALL TEAM
12 & UNDER DIVISION
GLENVAR
WHEREAS, the Glenvar Rockettes, a girls'
Pony Tail
recreation league team, won the State Basketball Championship, 12
and under Division, on April 8, 1989, in Hampton, Virginia; and
WHEREAS, the Glenvar Rockettes, a group of nine talented
players, had the distinction of having one of those players named
Most Valuable Player in the State Tournament; and
WHEREAS, the G1envar Rockettes concluded a very successful
Season by winning the Roanoke County Regular Season Championship,
and also the Southwest District Championship; and
WHEREAS, the Glenvar Rockettes, coached by David Simmons and
Larry Wood, finished the season with a record of 18 wins and 0
losses; and for the past two years, their record has been 35 wins
and 1 loss.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, congratulates and commends the members of the
Glenvar Rockettes for their outstanding athletic achievements:
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April 25, 1989
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Bobbi Jo Wright
Nicole Stone
Kim Wood
Jennifer Simmons
Heather Pille
Kristy Robinson
Michele Kaulback
Jenny Spencer
Christi Barci
On motion of Supervisor McGraw, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
2. Resolution of Congratulations to G1envar Lady
Blues Basketball Team for winning the State Championship,14 and
Under Division.
Members of the Glenvar Lady Blues were present to
receive the resolution.
Supervisor McGraw moved to adopt the prepared resolution.
The motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 42589-11 CONGRATULATING THE GLENVAR LADY
BLUES STATE CHAMPIONSHIP BASKETBALL TEAM
14 & UNDER DIVISION
April 25, 1989
757'
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WHEREAS, the Glenvar Lady Blues, a girls' Shag recreation
league team, won the State Basketball Championship, 14 and under
Division, on April 8, 1989, in Newport News, Virginia; and
WHEREAS, the Glenvar Lady Blues, for the past five
consecutive years, have been State Champions; and
WHEREAS, the Glenvar Lady Blues concluded a very successful
Season by winning the Roanoke County Regular Season Championship,
and also the Southwest District Championship; and
WHEREAS, the Glenvar Lady Blues, coached by Wayne Oyler,
and Pete Peterson, finished the season with a record of 14 wins
and 0 losses.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, congratulates and commends the members of the
Glenvar Lady Blues for their outstanding athletic achievements:
Amy Moses Amy Peterson
Paula Kennedy Krista Oyler
Emily Ferguson Nikki Hall
Erica Winstead Kristy Phlegar
J
On motion of Supervisor McGraw seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
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April 25, 1989
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IN RE:
PUBLIC HEARINGS
PUBLIC HEARINGS 489-1 through 489-6 WERE HEARD ON 4-11-89.
489-7 Special Exception Request of the Roanoke County
Board of Supervisors to publicly own and operate a
regional landfill on what is known as the "Boones
Chapel Site", located on 445.81 acres in the
southern portion of Roanoke County, adjacent to
the Franklin County line, 2 miles east of Route
220 via Route 677 in the Cave Spring Magisterial
District.
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Mr. Hodge advised that much of the information on both
this and the next public hearing were similar, but they would be
heard as two separate items. Following the public hearings, the
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staff recommends that the request be continued for 60 days. Mr.
Hodge reported he will establish a committee made up of staff,
and representatives from the Planning Committee and Landfill
Advisory Committee to study the recommendations and input heard
at the public hearings.
Assistant John Hubbard reviewed the steps taken prior to the
public hearing.
He reported that the Planning Commission and
Advisory Committee had been studying the two chosen proposed
sites, community meetings at been held in both communities and
the Planning Commission held public hearings on April 18.
April 25, 1989 75 9
The following citizens spoke concerning the Special
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Exception Permit request:
1. Deborah Zamorski, 9007 willow Branch Road, Boones Mill,
spoke in opposition to naming only two sites instead of three;
the changes to matrix system which she felt moved the Boones
Chapel higher in the ranking; and the cost of the two chosen
sites.
2. Jim Woltz, 5249 Clearbrook Lane expressed concern for
increasing roadside dumps and requested stronger measures against
roadside dumping.
Mr. Hubbard addressed Mr. Woltz's concern and advised that
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transfer stations might help to decrease roadside dumping.
3. William Rutherford, Rt. 1, Box 454, Fincastle, virginia,
representing Rural Virginia, spoke in support of recycling and
requested an assessment on the possibility of composting some of
the material.
Mr. Hodge asked Dr. Olver to check into this.
Supervisor
Johnson stated that in some areas composting has not been
successful because there was not a demand for it.
Chairman Garrett asked the chairman of Planning Commission
and Chairman of the Advisory Committee to appoint members from
their bodies to serve on the committee Mr. Hodge has requested.
760
April 25, 1989
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for further investigation and recommendation.
The motion was
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Supervisor Johnson moved to continue the request for 60 days
seconded by Supervisor Garrett and carried by the following
recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
489-8 Special Exception Request of the Roanoke County
Board of Supervisors to publicly own and operate a
regional landfill on what is known as the "Smith
Gap Site", located on 640.39 acres on the
northwest side of Fort Lewis Mountain between
Smith Gap and Bradshaw Road in the Catawba
Magisterial District.
The following citizens spoke concerning the request.
1. Ed Kohinke, Sr.,6913 Bradshaw Road, Vice President of
the Mason Cove Civic League advised that the Smith Gap Site
should be removed from consideration because of discrepancy in
the matrix system.
He presented a separate review done by a
committee from the Mason Cove Civic League.
He asked that the
ranking be postponed until the County staff had reviewed their
findings.
Mr. Hodge responded he had turned over their findings to Dr.
Olver and Dr. John Olver responded to the review by the Mason
Cove Civic League.
2. Curtis Avers,
5039
Bradshaw Road,
spoke
in
opposition to the Smith Gap site.
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April 25, 1989
7.6'1
3. H. Rodney Smith, 5007 Bradshaw Road, spoke in opposition
because of the costs of a landfill site at Smith Gap.
4. Kenneth M. Tully, 8853 Bradshaw Road, spoke in
opposition because of the expense of an access road and other
costs associated with the site.
5. James Hensley, 8385 Bradshaw Road requested that the
operating hours of the proposed landfill site be changed to 6
a.m. to 6 p.m. for less disruption to the community. He also
requested a contract with the citizens in the area concerning
groundwater contamination and property values.
Supervisor McGraw referred the contract question to the
County Attorney for review.
6. Arthur Mellen, 4346 Bradshaw Road expressed concern
about the potential for groundwater contamination.
Dr. Olver advised they will be testing for borings, etc. and
pump tests shortly. Supervisor McGraw requested that seismic
tests be performed for caverns during the 60 days study.
7. Roy Locher, 6050 Poage Valley Road, suggested the use of
a mobile shredder for construction debris to keep it out of the
landfill.
1
Chairman Garrett directed the Public Information
Officer to inform the public about total curbside pickup service
that is available to the citizens. In response to a question
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April 25, 1989
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from Supervisor Nickens regarding the costs of a road to the
Smith Gap site, Dr. Olver advised that this has not been
finalized, but that preliminary estimates have been set at $14 to
$15 million for a complete public road to the Smith Gap site. A
conveyor system has been estimated for $5 to 7 million.
Supervisor Garrett moved to refer the Special Exception
Permit to the staff and committee to study and make a
recommendation in 60 days.
The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
489-9.
Petition of
rezone a
Residential
multifamily
Chaparral
Magisterial
28, 1989.)
J. L. Woltz and R. N. Bradley to
2.92 acre tract from R-l,
to R-3, Residential to construct
residences, located at 34364
Drive in the Cave Spring
District. (CONTINUED FROM MARCH
Peti tioner Jim Woltz was present.
He advised they had
redesigned the property. They have proffered the site plan and
reduced the density to 48 units from 60 units and offered several
other additional proffers.
The following citizens spoke concerning this request:
1. Laurie M. Collins, 3355 Forest Court expressed concern
about the multifamily density in the area.
April 25, 1989
763
2. Evelyn English, 3398 Kelly Lane Ext. advised she was
opposed to the rezoning request and presented a letter from
Robert Turner who was unable to attend the meeting but was still
opposed to the rezoning.
There was a discussion on the minimum size of the units
and the density reduction using unusable acres, and the fact that
the site plan does not proffer the size of the units. The
supervisors advised they preferred a more detailed site plan. In
response to a question from Supervisor Garrett, Mr. Hartley
reported that the chairman of the Planning Commission was
agreeable with the site plan. In response to a question from
Supervisor McGraw as to why the unit size was not proffered, the
petitioner responded that they wanted to do a market survey to
determine the size.
Supervisor Robers moved to refer the petition back to the
Planning Commission with the changes for a new recommendation.
There was no second to the motion. Mr. Woltz advised that the
project could not be continued if they had to wait for 30 days.
Supervisor Robers moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
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April 25, 1989
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PASS:
Supervisor Johnson
Supervisor Johnson advised that he felt that the staff
needed to develop acceptable standards on site plans and proffers
for future rezonings.
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned parcel
of land which is contained in the Roanoke County Tax Maps as
Parcel 87.10-3-5 and recorded in Deed Book 684, page 139 and
legally described below, be rezoned from R-1 Residential District
to R-3 Residential District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
BEGINNING at a point where the center of a 30 foot
wide roadway intersects with the line of the Penn
property and point being north 37 degs. 36' east
405.1 feet from an iron spring corner whence the
Taylor line intersects with the Penn property
line; thence with the line of the Penn property
and following a fence line, north 37 degs. 36'
east, 679.4 feet to an iron pipe corner in the
line of the Maxwell property, thence with the
Maxwell line and following a fence line south
degs., 25' east 205.5 feet to a point; corner to
Tract B; thence with the line of Tract B south 27
degs., 30' west, 621.3 feet to a point in the
April 25, 1989
76 5
center of the 30 foot roadway thence with the
center of the 30' roadway, the following two
courses; north 77 degs., 45' west, 128.7 feet and
north 69 degs. 24' west, 203.6 feet to the place
of BEGINNING; and
CONTAINING 3.93 acres, and being lot C according
to a plat made for W. F. Monday, April 11, 1946,
by C. B. Malcom and
BEING the same property conveyed unto the parties
of the first part by W. F. Monday and Daisy
Monday, his wife by deed dated February 12, 1947,
and recorded in the Clerks Office of the Circuit
Court.
PROFFER OF CONDITIONS
(1) The site shall contain no more than 48 housing units.
(2) No structure shall be constructed within 150 feet of
the north property corner.
(3) No structure shall be constructed within 200 feet of
the existing Stonehenge townhouses.
(4) Construction shall conform to the building, parking,
entrance buffer strip locations and restrictions shown on the
Proffered Site Plan.
(5) Area lighting poles shall be no more than 12 feet in
height and be directed inward.
(6) All refuse dumpsters shall be screened.
(7) Signs shall be no larger than 100 square feet per sign.
489-10
Petition of Holiday Retirement Associates to
rezone a 0.52 acre tract from R-3, Residential, to
B-2, Business, and obtain a Special Exception
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April 25, 1989
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Permit, to operate a retirement facility, located
on Elm View Road (Route 706), about 0.6 mile south
of Route 419, Cave Spring Magisterial District.
There was no discussion on this petition.
Supervisor Robers moved to approve the petition and Special
Exception Permit. The motion was seconded by Supervisor Johnson
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned parcel
of land which is contained in the Roanoke County Tax Maps as
Parcel 77.20-1-49 and recorded in Deed Book 1300, page 1745 and
legally described below, be rezoned from R-3 Residential District
to B-2 Business with a Special Exception Permit for a retirement
facility.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
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April 25, 1989
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BIGINNIHO at an iroD pin on the easterly riVbt-of-vay of
Virginia secondary Route 706 on the line of ~om Penn et al.;
thence with the right-of-way line of V.irgini. lecondary
Route 706, N 90 03' 50" W 57.81 feet to a point;tbence
leaving laid ri9ht-of-way line and with two new 11nel
through the property of Holiday Retirement Associatel
Limited partnership, S 68°56' II" I 479.98 feet to a point;
thence S 350 3' 12" W 51.55 feet to a point on the Penn
line; thence with the Penn line H 680 56' 0' W 438.37 feet
to the place of beginning and containing approximately 0.52
acre.
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PROFFER OF CONDITIONS
(1) A maximum 110 suite retirement facility will be
constructed following the existing entrance road and parking lot.
(2) Type D screening and buffering or its equivalent by
modification will be installed on all property borders. (Natural
growth will be salvaged to maximum extend possible.)
(3) Final plan will be in substantial conformance with
concept plan.
(4) One concrete sign no greater than 24 sq. feet will be
installed; no other signage will be constructed.
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April 25, 1989
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(5) Architecture will display brick and wood siding
exterior over wood frame construction.
(6) Interior traffic circulation will be one-way and will
be so designated on the property.
(7) A sprinkler system will be installed serving entire
facility.
(8) A drainage system will be constructed from subject
property to Va 419.
(9) A licensed geotechnical engineer will be hired to
conduct soils test on the site, write report, review the working
drawings for compliance with recommendations and inspect all the
earth work.
489-11
Peti tion of W. S. Emory and Jack Richards to
rezone a 0.99 acre tract from B-2, Business, to R-
3, Residential, to construct apartments, located
at the southeast corner of the intersection of
Florist Road (Route 623) and Vernda1e Drive,
Hollins Magisterial District.
Jon Hartley advised that the main issue at the Planning
Commission concerned circulation at the site and the limitation
of one access, and internal circulation.
He stated that this
request is considered a down zoning in that it rezones property
from business to residential. Several citizens were opposed at
the Planning Commission hearing.
76 9
April 25, 1989
In response to a question from Supervisor Johnson, Mr.
Hartley advised none of the property was in the flood plain.
Both Supervisor Johnson and Supervisor Robers advised they were
opposed to down zoning of properties.
Frank Caldwell was present to represent the petition. He
reported that the property is not in the flood plain according to
the topography map. Bill Emory advised he has tried to rent the
building adjacent to the property and could not rent the
property.
In response to a question from Supervisor Nickens, Mr.
Hartley advised the problem concerning emergency vehicles leaving
the property would be addressed at the site plan review.
Supervisor Johnson moved to deny the petition. The motion
was seconded by Supervisor Robers and carried by the following
recorded vote:
AYES:
Supervisors Johnson, Robers, Garrett
NAYS:
Supervisors McGraw, Nickens
IN RE:
PUBLIC HEARINGS AND FIRST READING OF ORDINANCES
489-12
Petition of Old Heritage Corporation and Rockydale
Quarries Corporation to vacate portion of a 50-
foot right-of-way referred to as "North Mountain
Drive", Section 5, Southern Pines Subdivision,
Cave Spring Magisterial District.
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April 25, 1989
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Director of Development and Inspections Arnold Covey
presented the staff report explaining that the petitioner is
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requesting the vacation to abolish any encumbrances so they may
develop their property. No one was present to speak.
Supervisor Robers moved to approve the first reading of the
ordinance.
The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
489-13
Petition of Roy Lochner to vacate a 15-foot public
utility easement, between Lots 3 and 4, Block 1,
Section 1, Highfield Farms Subdivision, Windsor
Hills Magisterial District.
There was no discussion of this issue.
Supervisor Garrett moved to approve first reading of the
ordinance.
The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
1. Deborah Zamorski who spoke during the public hearing on
the Special Exception for the proposed landfill sites (Public
April 25, 1989
77 1
Hearing 487-7) completed her comments concerning her opposition
to the matrix system used to rank the landfill. She also asked
that Roanoke County approach Bedford County to discuss the
possibility of a joint landfill; and that the Mount Pleasant
proposed landfill site should be included as the third site.
Mr. Hodge responded that the Mount Pleasant site was
excluded because it would be impossible to expand, more houses
surround the site, and there is a deep fault on the site.
2. Roy Lochner, (no address given) reminded the Board of
Supervisors to consider the possibilities of underground water.
IN RE:
REQUEST FROM COUNTY ATTORNEY
County Attorney Paul Mahoney asked for direction from the
Board of Supervisors on changes in the zoning ordinance
concerning residential density. He asked if the Board wanted the
standard changed. Supervisor Nickens requested a report showing
the rezonings in the past six months based on density. There was
a discussion among the board members concerning how to proceed
concerning residential density. The County Attorney responded
that he would report back with what may legally be required in a
rezoning request.
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April 25, 1989
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IN RE:
ADJOURNMENT
Chairman Garrett declared the meeting adjourned at 9:45 p.m.
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Lee 'Garrett, Chairman