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HomeMy WebLinkAbout9/11/2007 - Regular Roanoke County Board of Supervisors Agenda September 11, 2007 Good afternoon and welcome to our meeting for September 11, 2007. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Brian Clingenpeel Fire and Rescue Departmental Chaplain 3. Presentation of Colors in remembrance of September 11, 2001 4. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Police Chief Ray Lavinder upon his election as President of the Virginia Association of Chiefs of Police 2. Proclamation declaring October 7 through October 13, 2007, as Fire Prevention Week in the County of Roanoke 1 3. Recognition of the Department of Economic Development for again being designated as an Accredited Economic Development Organization (AEDO) by the International Economic Development Council (IEDC) D. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2007-2008 budget in accordance with Section 15.2-2507, Code of Virginia. (Brent Robertson, Director of Management and Budget) E. NEW BUSINESS 1. Request for approval to enact a General Assembly action to increase VRS retirement benefits for eligible police, fire and rescue, and sheriff employees effective January 1, 2008. (Elmer C. Hodge, County Administrator) 2. Request to appropriate $30,259,852 for the mutigenerational recreation center, to adopt a resolution declaring intent to reimburse expenditures from bond proceeds, and to amend the agreement with Construction Dynamics Group (Diane D. Hyatt, Chief Financial Officer) 3. Request to appropriate $100,000 for the needs assessment and programming analysis for the Glenvar Library expansion. (Diana Rosapepe, Director of Library Services) 4. Request to adopt a resolution changing the location of regular meetings of the Roanoke County Board of Supervisors. (Paul Mahoney, County Attorney) 5. Request to approve a resolution granting a waiver to Ryan Companies US, on behalf of Oppidan Investment Company, under Section 13.23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13: Offenses-Miscellaneous to expedite construction. (Doug Chittum, Director of Economic Development) 6. Request to adopt a resolution in support of the Virginia Department of Transportation Secondary Road Project 1662-080-297, C-501, B-679, and 1663-080-298, C-501, 0-680 McVitty Road (Route 1662) and Old Cave Spring Road (Route 1663), located in Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) 2 F. FIRST READING OF ORDINANCES 1. First reading of an ordinance amending the Roanoke County Code by the adoption of a new Chapter 23. Stormwater Management, amending Section 8.1-5. "Local Erosion and Sediment Control Program", repealing Section 500 of the "Design and Construction Standards Manual", adopting a new "Stormwater Management Design Manual", and providing for an effective date. (Arnold Covey, Director of Community Development) 2. First reading of an ordinance authorizing the creation and conveyance of a new sanitary sewer easement to the Western Virginia Water Authority through Green Hill Park in order to provide sewer service for GCT Development, LLC, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance approving the West Roanoke River Flood Mitigation project, Phase II, accepting flood mitigation grant of $300,398 from FEMA and appropriating the grant to this project, authorizing the County match of $100,132 to be paid through funds and in-kind labor from the Department of Community Development, and authorizing the acquisition of real estate to reduce the number of structures in the Roanoke River Flood Plain, Catawba Magisterial District. (Arnold Covey, Director, Community Development) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by district) 2. Clean Valley Council 3. Economic Development Authority 4. Grievance Panel 5. Local Governments for Sustainability (ICLEI) 6. Regional Stormwater Management Committee 7. Western Virginia Water Authority Board of Directors 3 I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes for August 14, 2007 2. Request from the schools to accept and appropriate grant funds for GED examinations J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Telecommunications Tax Comparison Report 5. Statement of the Treasurer's accountability per investment and portfolio policy as of August 31, 2007 N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Michael W. Altizer 3. Richard C. Flora 4. Michael A. Wray 5. Joseph P. McNamara O. WORK SESSIONS (Training room - 4th Floor) 1. Work session to discuss current status of capital improvement projects. (Brent Robertson, Director of Management and Budget) 4 P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of appointment and performance of specific public officers to regional boards and commissions. Q. CERTIFICATION RESOLUTION R. ADJOURNMENT TO THURSDAY, SEPTEMBER 20, 2007, AT 9:00 AM FOR A JOINT MEETING WITH ROANOKE CITY COUNCIL AND THE WESTERN VIRGINIA WATER AUTHORITY AT THE WASTEWATER TREATMENT PLANT, 1540 UNDERHILL AVENUE, SW, ROANOKE, VA 24014-3920 5 ACTION NO. ITEM NO. ~l I l...- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11 , 2007 AGENDA ITEM: Recognition of Police Chief Ray Lavinder upon his election as President of the Virginia Association of Chiefs of Police Elmer C. Hodge ~ f{ofJr County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ray Lavinder, Chief of Police for Roanoke County, was recently elected President of the Virginia Association of Chiefs of Police (VACP) on August 28,2007, by the membership at its 82nd annual meeting. Chief Lavinder has been a member of the VACP since 1997. The V ACP was formed in 1926 and has over 600 members statewide, primarily Chiefs of Police and their top staff. Other members include Federal and State law enforcement managers. The VACP's primary goal is promoting the professional development of executives and managers in law enforcement agencies in Virginia. It also encourages the close cooperation of all law enforcement agencies within the Commonwealth as well as promoting the highest standards of selection and training of law enforcement officers. The V ACP also strives to develop the highest respect for law enforcement within the communities served by the VACP. The VACP also directs a state-wide traffic safety program and lobbies for law enforcement interests at the State and Federal levels. Chief Lavinder's other accomplishments within the VACP include: (1) chairman of the Training Committee from 2000 to 2007; (2) member of the Professional Image and Ethics Committee from 1999 to 2007; (3) VACP representative on the Department of Criminal Justices Services Board; and (4) VACP's representative on the Governor's Council on Civil Committment (of the mentally ill). Chief Lavinder has also been instrumental in developing mentoring services for new chiefs in Virginia. Chief Lavinder will be present for the recognition. ACTION NO. ITEM NO. c... - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Proclamation declaring October 7 through 13, 2007, as Fire Prevention Week in the County of Roanoke SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue Elmer C. Hodge d- Jf"..t?~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has been requested to recognize and proclaim October 7 through 13, 2007, as Fire Prevention Week in Roanoke County. During this time, we encourage citizens to participate in fire prevention activities at home, work, and school. In keeping with this year's theme "It's Fire Prevention Week - Practice Your Escape Plan!", we encourage all Roanoke County citizens to develop and practice an escape plan for their homes. Accepting the proclamation will be Rick Burch, Chief of Fire and Rescue, and Captain Gary Huffman, Fire Marshal. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11,2007 PROCLAMATION DECLARING OCTOBER 7 THROUGH OCTOBER 13, 2007, AS FIRE PREVENTION WEEK IN THE COUNTY OF ROANOKE WHEREAS, Roanoke County is committed to ensuring the safety and security of all those living in and visiting our County; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that home fires kill roughly eight people every day; and WHEREAS, Roanoke County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Roanoke County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2007 Fire Prevention Week theme, "It's Fire Prevention Week - Practice Your Escape Plan!", effectively serves to remind us all of the simple actions we can take to stay safe from fire throughout the year. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim October 7 through 13,2007, as FIRE PREVENTION WEEK in the County of Roanoke and urge the citizens of Roanoke County to heed the important safety messages of Fire Prevention Week 2007, and to support the public safety activities and efforts of the Roanoke County Fire and Rescue Department. ACTION NO. ITEM NO. C--3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11,2007 AGENDA ITEM: Recognition of the Department of Economic Development for again being designated as an Accredited Economic Development Organization (AEDO) by the International Economic Development Council (IEDC) APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA liON: This time has been set aside to recognize the Department of Economic Development for again being designated an Accredited Economic Development Organization (AEDO) by the International Economic Development Council (IEDC). Originally accredited in 2004, the Roanoke County Department of Economic Development was recently reaccredited by the IEDC following three successful years of activity as an AEDO member. There are currently only 26 other organizations with AEDO status throughout the United States. The International Economic Development Council's Accredited Economic Development Organization Program recognizes the professional excellence of economic development organizations throughout North America through a comprehensive peer review process that measures economic development organizations against commonly held standards in the profession. The program consists of two phases: documentation review and an onsite visit. Each phase is designed to evaluate information about the structure, organization, funding, program, and staff of the candidate economic development organization. The Department of Economic Development has consistently maintained a high professional standard worthy of recognition among industry peers. This preparedness, along with the support of the Board of Supervisors and Administration has assisted with achieving record-breaking business announcements and expansions over the past three years. Maintenance of the Accredited Economic Development Organization status is required every three years and is accomplished through documentation submission and/or onsite visits by a team of the AEDO subcommittee. ACTION NO. ITEM NO. D-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2007-2008 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Brent Robertson Director, Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2007-2008 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on September 4, 2007. 1. Request to appropriate $30,259,852 for the Multigenerational Recreation Center. 2. Request to appropriate $100,000 for Needs Assessment and Programming Analysis for the Glenvar Library Expansion. 3. Request to increase VRS Retirement Benefits for Public Safety Employees effective January 1, 2008, and to appropriate $150,000 for the increased premium. 4. Request from the Schools to appropriate grant funds in the amount of $46,393.99 for GED Examinations. FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. 2 ACTION NO. ITEM NO. ~ - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: SUBMITTED BY: Request for approval to enact a General Assembly action to increase VRS retirement benefits for eligible police, fire and rescue, and sheriff employees effective January 1, 2008 Elmer C. Hodge ~ //+ County AdmInistrator SUMMARY OF INFORMATION: During the 2007 session, the General Assembly passed SB1166, which made several changes to the retirement benefits for state police, sheriffs, and local public safety officers. Two of these changes impact the County of Roanoke. 1. Effective July 1,2007, the retirement multiplier for the Sheriff will increase from 1.70 percent to 1.85 percent. The multiplier is part of the formula that determines a member's monthly retirement benefit. 2. Beginning July 1, 2007, the County may elect to increase the retirement multiplier for all hazardous duty employees (LEOS) from 1.70 percent to 1.85 percent. The first change above is automatic. The second change is optional. The County currently has 350 active hazardous duty employees in police, fire and rescue, and the Sheriff's department that qualify for LEOS benefits. After 20 years of eligible service, these employees currently receive a LEOS supplement, which is paid to them from the time of retirement until they reach age 65. The LEOS supplement for 2007-08 is $959 a month, which amounts to $11,508 for the year. This is a flat dollar amount supplement, and is the same for all eligible employees. In addition, the Sheriff's department (along with other Comp Board offices and Social Services) receives a $45 per month supplement for health insurance. The new optional election to increase the multiplier from 1.70 percent to 1.85 percent would be in addition to the LEOS supplement and the health insurance supplement. If the County elects to implement these changes, the County overall VRS premium will increase by 0.79% (from 13.55% to 14.34%) of the total County covered payroll. This is an annual increase of approximately $300,000 based upon the 2007-08 payroll. This election can be made at any time, but once it is made it is irrevocable. VRS needs sixty days notice to implement the change. Once the election is made, it increases the multiplier for all hazardous duty employees who retire after the effective date. Franklin County and the Town of Vinton have taken action to implement the increased multiplier effective July 1, 2007. Montgomery County has taken action to implement effective January 1, 2008. To date, no formal action has been taken by Roanoke City (Sheriff's dept only, the rest are on the City retirement plan) or the City of Salem. FISCAL IMPACT: The cost to implement the increased multiplier for the public safety employees is approximately $300,000 per year. Since this General Assembly action was not anticipated at the time the 2007-08 County budget was approved, this amount was not included. Normally, we would wait until the next budget year to begin this change, however at the request of the police, fire and rescue, and Sheriff's department, I am bringing this to you for a January 1, 2008 implementation. It will cost approximately $150,000 to implement this change for the six month period from January 1 - June 30. 2008. These funds can be appropriated from the Police, Fire and Rescue, and Sheriff budgets for the remainder of the 2007-08 fiscal year. The entire $300,000 annual cost would be an additional expense in the 2008-09 budget process. ALTERNATIVES: 1. Approve the increased multiplier for public safety employees effective January 1, 2008. Appropriate the $150,000 needed for the increase premium from the Police, Fire and Rescue, and Sheriff's budget for 2007-08. 2. Do not take action at this time. The optional benefit can be implemented at any time, but once it is irrevocable once it is elected. STAFF RECOMMENDATION Staff recommends adopting the attached resolution to increase the VRS multiplier to 1.85 percent for eligible Public Safety Employees. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 RESOLUTION ELECTING TO INCREASE VIRGINIA RETIREMENT SYSTEM BENEFITS FOR ELIGIBLE PUBLIC SAFETY EMPLOYEES EFFECTIVE JANUARY 1, 2008, AND APPROPRIATING FUNDS FOR INCREASED PREMIUMS WHEREAS, by resolution legally adopted and approved by the Board, Roanoke County, Virginia, a political subdivision, participates in the Virginia Retirement System under Section 51.1-130 of the Code of Virginia, as amended; and WHEREAS, by resolution or resolutions legally adopted and approved by the Board, Roanoke County has elected to provide the enhanced benefits described in Section 51.1-138, subsection B to selected public safety employee groups, such benefits being referred to collectively as "Section 138 Coverage"; and WHEREAS, the Virginia General Assembly passed legislation effective July 1,2007, allowing Roanoke County to elect to provide for its employees with Section 138 Coverage a retirement allowance equal to the amount of creditable service multiplied by 1.85 percent of average final compensation as provided in clause (ii) in subsection A (1) of Section 51.1-206 (the "1.85 Multiplier"); and WHEREAS, Roanoke County desires to make this irrevocable election and provide the 1.85 Multiplier to its employees that now have, or may in the future be given, Section 138 Coverage. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That Roanoke County elects to establish the 1.85 Multiplier for all employees who are now, or who may be in the future, provided Section 138 Coverage; and 2. That Roanoke County agrees to pay the employer cost for providing the 1.85 Multiplier to all employees who are now, or who may be in the future, provided Section 138 Coverage, pursuant to this irrevocable election; and 3. That the Board appropriates the sum of one hundred and fifty thousand dollars ($150,000.00) for the existing budgets of the Sheriff, Police, and Fire and Rescue Departments for the remainder of the 2007-2008 fiscal year. 4. That the County Administrator and Clerk to the Board are authorized and directed in the name of Roanoke County to execute any required contract to carry out this irrevocable election, and to do any other thing, or things, incident and necessary in the lawful conclusion of this matter. The seal of the County shall be affixed to any such contract and attested by the Clerk, and the Treasurer of Roanoke County is authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as may be required to be paid by Roanoke County or its employees for this purpose. 5. That this election shall become effective on and after January 1, 2008. 2 ACTION NO. ITEM NO. ~ - ;;J, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11,2007 Request to appropriate $30,259,852 for the mutigenerational recreation center, to adopt a resolution declaring intent to reimburse expenditures from bond proceeds, and to amend the agreement with Construction Dynamics Group AGENDA ITEM: SUBMITTED BY: Diane Hyatt Chief Financial Officer Elmer C. Hodge ~ Ra-y County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: At the August 28, 2007, meeting, the Board approved entering into a Comprehensive Agreement with FirstChoice Public-Private Partners to develop a mutigenerational recreation center, and to negotiate for the purchase of land. The Board will need to appropriate funds to this project before the Comprehensive Agreement can be signed. The budget for the entire project is as follows: PPEA contract with First Choice Project Contingency (3%) Construction Management! Value Engineering Comm issioning Subtotal Total $ 26,676,175 800,000 858,392 125.000 28,459,852 1,800.000 $ 30,259,852 Land The County currently has $2,300,000 of cash that can be made available for this project. Of this amount, $1,800,000 is from funds remaining from the Public Safety Building project. The remaining $500,000 is in other capital projects that can be re-appropriated to the mutigenerational center. This leaves a balance of $27,959,852 that will need to be financed. The County is currently planning a revenue bond sale in Spring 2008. The mutigenerational center will be included in this financing. The available cash will start the project until the funds are received from the Spring 2008 bond sale. The attached resolution will allow us the flexibility to reimburse the County from bond proceeds once they are available. Also a part of this request is the recommendation to authorize the contract amendment with Construction Dynamics Group to provide full program management and construction management services for the project. The current contract with COG only includes the work done thus far to assist the County in reviewing the proposals and negotiating the Comprehensive Agreement, but allows for a contract amendment to provide these additional services. The cost for the scope of the contract amendment has been negotiated subject to Board approval for the amount of $858,392 and includes value engineering, constructability review, full program management and on site construction management services. Construction Dynamics Group was selected from a total of six construction management firms who submitted proposals. FISCAL IMPACT: The County has available cash of $2,300,000 to begin the project. The additional $27,959,852 will be borrowed through a Spring 2008 revenue bond sale. STAFF RECOMMENDATION: Staff recommends the following: 1. Adopt the attached resolution, which allows the County to reimburse itself from future bond issues or other financings. 2. Appropriate $30,259,852 to the multigenerational recreation center from the following sources: Public Safety Building Capital Project NPDES Capital Funds Jail Feasibility Capital Funds Bond Proceeds Total $1,800,000 297,642 202,358 27,959.852 $ 30.259.852 3. Authorize a contact amendment to the agreement with Construction Dynamics Group in the amount of $858,392 to provide full program management/construction management services for the project. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF A MUL TIGENERA TIONAL RECREATION CENTER WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of designing, acquiring, constructing and equipping a new Multigenerational Recreation Center (the "Project") , NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of designing, acquiring, constructing and equipping the Project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the designing, acquiring, constructing and equipping the Project is $30,259,852. 3. This resolution shall take effect immediately upon its adoption. ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Request to Appropriate $100,000 for needs assessment and programming analysis for the Glenvar Library expansion SUBMITTED BY: Diana Rosapepe Library Director Elmer C. Hodge C;J~ /(..y County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~<<~ SUMMARY OF INFORMATION: The Library requests an appropriation of $100,000 to begin planning for the expansion of the Glenvar Library. This item was discussed with the board in work session on May 22, 2007. The Glenvar branch opened in 1978 and is now outdated, overcrowded, and inadequate to meet the level of services offered in other County libraries. Preliminary planning has been completed. The staff conducted a space needs analysis of Glenvar's building, collection, and services. Community meetings have provided significant input about what citizens want in a new library. Consideration has also been given to the issues created by VDOT's recent decision to extend its easement on library property, which will result in the loss of.5 acres and affect how an expanded library could be designed and sited. The project has now reached the stage at which a comprehensive building program must be designed by a professional architectural and engineering firm. The library building program would assess current site conditions, recommend optimal placement of the library and parking lot, define programmatic relationships within the building, identify specific requirements for various formats in the collection, and then allocate space and resources accordingly. It will reduce costs by eliminating redundant planning and by expediting the design and construction timeline. The results of a carefully constructed building program can stand independently or become the first phase of full-scale architectural and engineering work. FISCAL IMPACT: The Glenvar Library expansion is a major capital project that is included in future years of the County Capital Improvement Plan. The $100,000 currently requested is available in the County Major Capital Fund. STAFF RECOMMENDATION: Staff recommends appropriating $100,000 from the County Major Capital Fund to the Glenvar Library expansion for needs assessment and programming analysis. 2 ACTION NO. ITEM NO. ~lf AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Request to adopt a resolution changing the location of regular meetings of the Roanoke County Board of Supervisors SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors will renovate its meeting room located in the Roanoke County Administration Center beginning September 17, 2007. It is expected that these renovations will be completed by mid-December 2007. Both State Code and County Code require that the Board adopt a resolution and give notice to the public of its intention to change the location of its regular meeting place. The attached resolution satisfies these Code requirements. In addition, the Clerk to the Board shall give notice to each member of the Board of this resolution, shall post a copy of this resolution in the office of the Clerk, and publish a copy of this resolution in The Roanoke Times. Board meetings will be held in the old Emergency Operations Center (EOC) at the former Public Safety Center located at 3568 Peters Creek Road beginning September 25,2007, and continuing through December 4, 2007. FISCAL IMPACT: The costs of giving notice and publication are within the budget of the Clerk to the Board of Supervisors. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 RESOLUTION CHANGING THE LOCATION OF REGULAR MEETINGS OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, Section 15.2-1416 of the Code of Virginia and Section 2-102 (e) of the Roanoke County Code provide that any change in the location of regular meetings of the Board of Supervisors be accomplished by resolution; and WHEREAS, this change in meeting location is necessitated by renovations to the Board of Supervisors' meeting room located in the Roanoke County Administration Center at 5204 Bernard Drive; and WHEREAS, it is anticipated that these renovations will take three months to complete. NOW THEREFORE be it resolved by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the location for meetings of the Board of Supervisors be changed from the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA to the former Public Safety Center located at 3568 Peters Creek Road, Roanoke, VA. 2. That meetings of the Board of Supervisors shall be held at the former Public Safety Center beginning September 25, 2007 through December 4,2007. 3. That the Clerk to the Board of Supervisors is directed to give notice to each member of the Board of this Resolution at least three days prior to September 25, 2007, and shall cause a copy of the Resolution to be posted in the office of the Clerk to the Board at the Roanoke County Administration Center and published in The Roanoke Times at least seven days prior to September 25,2007. 2 ACTION NO. ITEM NO. ~ .-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 Resolution granting a waiver to Ryan Companies US, on behalf of Oppidan Investment Company, under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13: Offenses- Miscellaneous to expedite construction AGENDA ITEM: SUBMITTED BY: Doug Chittum Director of Economic Development Elmer C. Hodge d"....,. I~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The County recently received the attached letter from Ryan Companies US, Inc. requesting a waiver of the noise ordinance under Section 13-23 "Undue Hardship Waiver," from October 1, 2007, to April 1, 2008. Ryan Companies is acting as general contractor for Oppidan Investment Company and will be constructing the new Gander Mountain and Camping World retail stores in North Roanoke County off of Plantation Road. The Board of Supervisors granted a similar noise waiver to Ryan in April 2007; but due to project delays, the waiver was not utilized. The noise ordinance currently allows for construction to begin at 7:00 a.m. Monday through Friday. The waiver request is to begin work one-half hour earlier (6:30 a.m.) Monday through Friday. The ordinance currently allows construction from 10:00 a.m. to 10:00 p.m. on Saturday. The waiver request is to work from 6:30 a.m. to 8:00 p.m. on Saturday. There is no request for waiver from the ordinance on Sundays. During this time, construction vehicles will be entering from the soon to be constructed Friendship Lane, which should have the least impact on surrounding neighbors. All parties involved understand the potential impact of this request and are sensitive to the concerns of neighboring homes and businesses. This request is consistent with the waiver the Board of Supervisors originally approved in April 2007 The County held a community meeting to educate and inform the businesses and citizens who live and work in the area about the project on January 22,2007. Written notification will also be provided to neighboring property owners to inform them of the modified hours of construction upon adoption of this resolution. FISCAL IMPACT: This request does not have any fiscal impact. AL TERNA TIVES: 1. Approve the request for waiver of the Roanoke County noise ordinance. 2. Do not approve the request. STAFF RECOMMENDATION: Staff recommends approval of this request as it will shorten the overall duration of construction. This will not only expedite the opening of the new stores, it should allow for less impact on surrounding neighborhoods. It is also recommended that County Staff continue to work with Oppidan Investment Company and their team of contractors, engineers, and management to limit the impact on surrounding neighbors to every extent possible. 2 WWW.RYANCOMPANIES.COM RYAN COMPANIES US, INC. 55 Shuman Boulevard, Suite 800 Naperville,IL 60563 IYAN aUILotl'fa I.AST1~ RfL....TlOHS.H..~ 630-328-1100 tel 630-328-1300 fax August 29,2007 Mr. Doug Chittum Economic Development Director Roanoke County Department of Economic Development P.O. Box 29800 5204 Bemard Drive, SW Room 421 Roanoke, VA 24018-0798 Re: Request for Waiver of Noise Ordinance for Oppidan Retail Center Development Mr. Chittum: Ryan Companies US, Inc., will be constmcting a + / - 40 acre development located west of Plantation Road and SOUdl ofInterstate 81 in Roanoke County. 'The construction will include site infrastructure improvements, off-site utility extensions, intersections improvements at Plantation Road and Friendship Lane, and the construction of Gander Mountain and Camping World stores. Pursuant to Section 13-23 of Article II of the Roanoke County Code, Ryan Companies US, Inc., is requesting a waiver from the Noise Ordinance of the County of Roanoke, Virg:irllii. The waiver would extend the previously approved noise waiver passed by the Board of Supervisors in March 2007, which allowed extended construction hours through September 30, 2007. Ryan Companies is hereby requesting a noise waiver that would allow construction activities from October 1, 2007 through April 1, 2008 during the following times: Monday through Friday: Saturday: 6:30am to 10:00pm 8:00am to 8:00pm Since the start of construction was delayed, the request for extended consuuction hours is even more critical than Ryan Companies' ftrst request in March 2007. This waiver is necessary in order to complete the majority of site excavation and drying of the soils in the limited amount of time remaining prior to the winter season. In addition, the extended hours will ensure that the Gander Mountain and Camping World stores will open in Spring 2008. If Ryan Companies docs not meet the required opening date, the stores will not open until Fall 2008. Moreover, the hours of construction would minimize the duration of the construction period, benefiting the adjacent residents and businesses. \Ve are aware that there are neighbors in the vicinity of this project, and Ryan Companies intends to be good neighbors and take this into consideration throughout construction. Please contact me at mike.mackinnon@ryancompanies.com or via phone at 630-328-1111 if there is any additional information that may be necessary to consider this request. Thank}~TO~ /1 ~A ,/. .,c~:;;'/I'~/~/:-'7,.d ~./: ~/: Michael J. MacK.inno~ L___. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 RESOLUTION GRANTING A WAIVER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES- MISCELLANEOUS OF THE ROANOKE COUNTY CODE, OPPIDAN INVESTMENT COMPANY WHEREAS, Ryan Companies US, Inc., the general contractors for the construction of the Gander Mountain and Camping World retail stores for Oppidan Investment Company on a 40-acre site west of Plantation Road and south of Interstate 81 in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13- 23. Undue hardship waiver. to permit construction activity beginning on October 1,2007, and ending April 1, 2008; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13- 23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to the Ryan Companies US, Inc. from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 6:30 a.m. and ending not later than 10:00 p.m. on Monday through Friday. Construction on Saturday shall be done only between the hours of 6:30 a.m. and 8:00 p.m.; b. Whether the noise is intermittent or continuous: The noise produced will be continuous. c. The extensiveness of the noise: Construction noise may be extensive from time to time. This schedule will allow for the least amount of inconvenience possible to complete this project. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: To achieve the desired goal of opening these retail stores in the Spring of 2008, to complete construction activities prior to the winter season, and to minimize escalation of costs, this waiver is necessary. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: The hours of construction will minimize the duration of the construction period, benefiting adjoining residences and businesses. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Gander Mountain and Camping World retail stores is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the 2 provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for Ryan Companies US, Inc. without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES- MISCELLANEOUS be WAIVED from October 1, 2007 until April 1, 2008. 4. This Waiver is granted specifically to Ryan Companies US, Inc. its officers, employees and agents for construction related activities at the Oppidan Investment Company site located on approximately 40 acres west of Plantation Road and south of Interstate 81 in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. 3 ACTION NO. ITEM NO. t;-b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Request to adopt a resolution in support of the Virginia Department of Transportation Secondary Road Project 1662- 080-297, C-501, B-679, and 1663-080-298, C-501, D-680 McVitty Road (Route 1662) and Old Cave Spring Road (Route 1663), located in Windsor Hills Magisterial District. SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge cL-!f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The McVitty Road and Old Cave Spring Road, Routes 1662 and 1663, respectively, roadway improvement projects were placed in the Secondary Roads Six-Year Improvement Plan in 1994 and are currently the top two priority projects in the recently approved Plan for Fiscal Years 2007-2013. The purpose is to improve the horizontal alignment and drainage, widen the roadway, and replace the existing bridge over Mudlick Creek along McVitty Road and Old Cave Spring Road. The project limits extend from the Brambleton Avenue (Route 221) and Old Cave Spring Road (Route 1663) Intersection to the McVitty Road (Route 1663) and Electric Road (Route 419) Intersection. As proposed, McVitty Road and Old Cave Spring Road, both Urban Local Streets, will be widened from the existing width of 18 feet to the proposed width of 24 feet. In addition, the proposed typical section will widen the existing shoulders from two (2) feet to five (5) feet, with four feet of the proposed shoulder being paved. The two existing pipe arches at the Old Cave Spring Road and Farmington Road Intersection will be replaced with a box culvert. The existing turn lanes on Old Cave Spring Road at the Brambleton Road Intersection are proposed to be extended. The McVitty Road and Old Cave Spring Intersection are proposed to be reconfigured to allow continuous through movements along McVitty Road in the northbound and southbound directions, along with new turn lanes. Dual left-turn lanes are proposed on McVitty Road at the Electric Road Intersection, along with redesigning the traffic signal. The existing bridge over Mudlick Creek will be replaced with a new bridge to accommodate a future Mudlick Greenway. Traffic is expected to be maintained during most of the construction time period, with the possibility of short durations of road closures expected. A Board Work Session was held on August 26,2003, to discuss the addition of bike lanes to this project. During the Work Session, an agreement was reached to widen the paved shoulder to four (4) feet to accommodate bicyclists. VDOT held a design public hearing for this project on January 26, 2006. Approximately fifty-six (56) citizens attend the hearing, with many providing comments to VDOT staff. Based on VDOT staff recommendations, the citizens' comments have been adequately addressed so that the project, as submitted to the County, is the best possible design. VDOT did investigate including the Mudlick Creek Greenway as apart of their design but because it would require extending the fill slopes, relocating a larger segment of Mudlick Creek and additional right-of-way at a cost of $754,000 this component was eliminated from the project. The current design does include raising the elevation of the new bridge to provide access for a future greenway. The anticipated schedule for the project, assuming that the Board of Supervisors approves the resolution in support of the project, is to begin right-of-way acquisition in last quarter of 2007 and to advertise to accept bids from contractors for construction in 2012, with construction planned to begin in 2013. The estimated completion is expected in 2015. FISCAL IMPACT: The total project cost is estimated to be $8,907,103. This allocation is funded in the County's Secondary Roads Six-Year Improvement Program with state and federal funds; there is no County allocation to this project. ALTERNATIVES: 1. Approve a resolution supporting the Virginia Department of Transportation Project 1662-080-297, C-501, B-679, and 1663-080-298, C-501, D-680 McVitty Road (Route 1662) and Old Cave Spring Road (Route 1663), thereby allowing the project to go to the next phase and come to completion. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends approval of Alternative #1. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSITRATION CENTER ON SEPTEMBER 11, 2007 RESOLUTION REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECTS (1662-080-297, PE- 106, RW-201, C-501, B-679, FEDERAL PROJECT: BROS-5128(207), UPC=15187) MCVITTY ROAD (ROUTE 1662) AND (1663-080-298, C-501, D-680, UPC=15188) OLD CAVE SPRING ROAD (ROUTE 1663) WHEREAS, the Virginia Department of Transportation held a design public hearing on January 26, 2006, for the purpose of soliciting public comments on the proposed improvements to McVitty Road (Route 1662) and Old Cave Spring Road (Route 1663); and WHEREAS, the Virginia Department of Transportation has adequately addressed the public comments as submitted to them for this project; and WHEREAS, the Board of Supervisors does hereby approve and support the improvements as proposed to McVitty Road (Route 1662) and Old Cave Spring Road (Route 1663) as outlined in Roanoke County's Secondary Roads System Six-Year Improvement Plan for Fiscal Years 2008-2013 and shown on plans presented at the January 2006 public hearing; and WHEREAS, the Board of Supervisors recognizes that both McVitty Road and Old Cave Spring Road will likely be closed for short durations of time during this construction; and WHEREAS, the Board of Supervisors recommends in order to control project costs, that an alternative source of funding for the greenway be considered. NOW, therefore, BE IT RESOLVED, that a certified copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation, Salem Residency Office, by the Clerk to the Board of Supervisors. Recorded Vote Moved By: Seconded By: Yeas: Nays: A Copy Teste: Assistant Deputy Clerk Roanoke County Board of Supervisors c: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation ROANOKE COUNTY SECONDARY SYSTEM SIX YEAR ROAD PLAN MCVITTY ROAD, - - - - - - - --1 PROPOSED IMPROVEMENTS OLD CAVE SPRING ROAD ACTION NO. ITEM NO. r:= -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: First reading of an ordinance amending the Roanoke County Code by the adoption of a new Chapter 23. Stormwater Management, amending Section 8.1-5. "Local Erosion and Sediment Control Program", repealing Section 500 of the "Design and Construction Standards Manual", adopting a new "Stormwater Management Design Manual", and providing for an effective date SUBMITTED BY: Arnold Covey, Director Community Development APPROVED BY: Elmer C. Hodge ~~ I f~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~yY~ SUMMARY OF INFORMATION: On March 11, 2003, Roanoke County Board of Supervisors adopted a Resolution authorizing a Virginia Pollutant Discharge Elimination System (VPDES) General Permit Registration Statement with the Virginia Department of Environmental Quality (DEQ). One of the conditions of this permit is that Roanoke County would develop and implement an ordinance to address post-construction runoff from new development or redevelopment that includes storm water quality "best management practices." The Virginia Department of Conservation and Recreation (DCR) is responsible for the administering and issuing of the National Pollutant Discharge Elimination System (NPDES) permits for the control of storm water discharging from municipal storm sewers. These regulations are mandated by EPA through the Clean Water Act to control water pollution by regulating sources that discharge pollutants into waters of the United States. These regulations require communities with storm sewer systems to obtain permits and implement activities to control storm water runoff. Roanoke County is listed among the Virginia Phase II communities required to adopt a Stormwater Management Ordinance addressing water quality. In order for Roanoke County to remain in compliance with the state policy towards stormwater management, the County must adopt a Stormwater Management Ordinance to incorporate stormwater quality. This new ordinance would replace the current SWM Ordinance adopted in 1990. This ordinance will establish minimum stormwater management requirements and controls to protect properties and safeguard the general health, safety, and welfare of county residents. It would help: a) avoid increases in stream erosion and degradation; b) improve stream water quality; c) comply with state MS4 permit requirements; and, d) minimize increases in flooding. This ordinance applies only to new construction and redevelopment of property. It is not intended to require current stormwater facilities to retrofit existing facilities currently in place. The stormwater quantity requirements for flood management would remain the same. Such requirements, for permanent stormwater quality controls, are added in the form of Best Management Practices (BMP). Water quality management requires County-wide training and collaboration between all aspects of the development community and homeowners. The Process This process was a collaborative effort with the engineering community, development community, and regulatory entities. 1. The proposed ordinance is based on a state model ordinance incorporating stormwater quantity and quality requirements that comply with current state regulations. The County hired Hayes, Seay, Mattern & Mattern, Inc. (HSMM) engineering consultant to provide technical assistance and work closely with our engineering staff in drafting the ordinance. 2. The ordinance is accompanied by a Stormwater Management Manual that provides design standards and detailed guidance to developers, property owners, and design professionals and to assist them in meeting the Stormwater Management Ordinance. 3. Participants and stakeholders have included DEQ, VDOT, RVARC, Town of Vinton staff, local engineering firms, local contractors, homebuilders, and a citizens advisory committee into the process for input and assessment with our engineering staff. 2 4. The Board of Supervisors reviewed the Ordinance and Manual in two consecutive work sessions in May and July. At such sessions, the staff clarified the reasons, addressed questions and concerns, and explained the significant impact on the County in case we failed to adopt it before the end of this year. 5. To remain in compliance with the Federal and State Regulations under the Clean Water Act, the County of Roanoke needs to adopt a new stormwater ordinance. The current permit deadline for re-authorization for VPDES permit is December 9,2007. Implementation Strategy: This ordinance will make significant changes to the development review process and its inspection. In the meantime, it would help the development community to keep the review process moving by addressing the water quality issues at the time of the development review. The effective date of the ordinance is scheduled for January 1, 2008. Over time, additional resources will be needed to comply with all review and inspection processes. ALTERNATIVES: 1. Staff recommends that the Board of Supervisors approve first reading of this ordinance and authorize the staff to schedule second reading and public hearing for September 25,2007, to adopt the new Stormwater Management Ordinance. 2. Take no action at this time. STAFF RECOMMINEDATION: Staff recommends Alternative 1. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11,2007 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW CHAPTER 23. STORMWATER MANAGEMENT, AMENDING SECTION 8.1-5. "LOCAL EROSION AND SEDIMENT CONTROL PROGRAM", REPEALING SECTION 500 OF THE "DESIGN AND CONSTRUCTION STANDARDS MANUAL", ADOPTING A NEW "STORMWA TER MANAGEMENT DESIGN MANUAL", AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 11, 2003, Roanoke County Board of Supervisors adopted a resolution authorizing a Virginia Pollutant Discharge Elimination System (VPDES) General Permit with the Virginia Department of Environmental Quality, and one of the conditions of this permit stated that Roanoke County would develop and implement an ordinance to address post-construction runoff from new development, including storm water quality "best management practices"; and WHEREAS, Roanoke County must adopt a new storm water ordinance on or before December 9, 2007, to remain in compliance with Federal and State regulations under the Clean Water Act; and WHEREAS, by Ordinance No. 12390-7 the Board amended the erosion and sediment control provisions of the County Code to provide for the adoption of storm water management criteria; and WHEREAS, Ordinance No. 12390-7 also authorized more stringent local storm water criteria as incorporated in a "Design and Construction Standards Manual"; and WHEREAS, the new Chapter 23 and the new Stormwater Management Design Manual will establish minimum stormwater requirements and controls to protect and safeguard the health, safety, and welfare of County residents and their property by avoiding increases in stream erosion and degradation, improving stream water quality, complying with Commonwealth of Virginia permit requirements, and minimizing or avoiding flooding; and WHEREAS, the first reading of this ordinance was held on September 11, 2007, and the second reading and public hearing was held on September 25,2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, VA, as follows: 1. That a new Chapter 23. Stormwater Management attached as Exhibit A is hereby adopted and made a part of the Roanoke County Code. 2. That Section 8.1-5 (a) is amended and readopted as follows: (a) Pursuant to Code of Virginia 9 10.1-562, the county hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the state soil and water conservation board and those more stringent local stormwater management criteria which the County Board of Supervisors, may adopt by resolution and incorporate into manuals of regulations and policies entitled "Stormwater Manaqement Desiqn Manual" and "Design and Construction Standards Manual" for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the "Virginia Erosion and Sediment 2 Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended. 3. That Section 500 of the "Design and Construction Standards Manual" entitled "Drainage Standards" is repealed effective January 1, 2008. 4. That the "Stormwater Management Design Manual" is hereby adopted in order to implement the requirements of Chapter 23. The Board of Supervisors hereby authorizes the County Administrator to approve any updates, supplements or modifications to the "Stormwater Management Design ManuaL" 5. That this ordinance shall be effective from and after the date of its adoption, to remain in compliance with Federal and State regulations under the Clean Water Act and the conditions VPDES Permit, however, its requirements shall not be enforced until January 1, 2008. 3 Stormwater Management Ordinance From Chapter 23 of the County of Roanoke Code Table of Contents Introd u ctio n........................................................................................................ u u.. u........3 Sectio n 23-1 General P rovisio ns ..................................................................... ..................4 23-1.1 Title and Authority ......................................... ..............................................4 23-1.2 Purpose.........................................................................................................4 23 -1.3 Applicability.................................................................................................5 23-1.4 Compatibility with Other Requirements.............................. .......... ...............6 23 -1.5 Severability...................................................................................................6 23-1.6 Stormwater Management Design Manual....................................................6 Section 23-2 Definitions......... .............................................................................. ..............7 Section 23-3 Program Permit Procedures and Requirements .....................................15 23 -3.1 Permit Required ...................................................... ........ ............ ................15 23 - 3.2 Permit Application Requirements........................ ............... ........... ............15 23 -3.3 Stormwater Management Plans..... ......................... .................... ................16 23-3.4 Stormwater Management Facility Maintenance Agreements ....................16 23 - 3.5 Performance Bonds................... ........................... ....... ................................17 23-3.6 Permit Application Review Fees ................................................................18 23 -3.7 Permit Application Procedure.. .................................................. ................18 Secti on 23-4 Va ri a D c es.....................................................................................................2 0 23-4.1 Variances for Providing Stormwater Management ....................................20 23 -4.2 Appeals...................................................................................................... .21 Section 23-5 General Criteria for Stormwater Management ......................................22 23 - 5.1 GeneraL...................................................................................................... .22 23-5.2 Structural Stormwater Management Practices ...........................................24 23-5 .3 Water Quality... .............. ................... .................................. ....... ................26 23-5.4 Stream Channel Erosion .................... ........... ..................... ...................... ...30 23 - 5.5 Flooding......................................................................................................3 0 23-5.6 Regional Stormwater Management Plans...................................................31 23 - 5.7 Illicit Discharges.........................................................................................3 2 23- 5.8 Steep Slopes................................................................................................3 3 Section 23-6 Construction Inspection Provisions..........................................................34 23-6.1 Notice of Construction Commencement ....................................................34 23-6.2 Final Inspection and As-Built Documentation ...........................................35 1 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-7 Maintenance and Repair of Stormwater Facilities .................................37 23-7.1 Maintenance Inspections of Stormwater Facilities.....................................37 23 - 7.2 Records of Maintenance and Repair................ ...................... .....................37 Section 23-8 Enfo rcem en t and Penalties..... ........................ ................... ....................... .38 23-8.1 Violations............... .................... ....................... .................... .............. ........38 23-8.2 Notice of Violation ...................... .................... .................... .......................38 23-8.3 Stop Work Orders. ...................... ..................... .................... .......................39 23-8.4 Civil and Criminal Penalties....... ..................... ..................... ......................39 23-8.5 Restoration of Lands...... ............. ..................... ..................... ..................... .40 2 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Chapter 23 Stormwater Management Ordinance County of Roanoke, Virginia Introduction The County of Roanoke is home to a vast array of scenic natural resources, from the mountains that span our landscape to the streams that flow through our valleys. This picturesque environment has embraced generations of citizens while drawing in more newcomers every year. The continual increase in population aids in the growth and development of this area, improving jobs and enhancing economic stability. Yet, intensive development can degrade those beautiful natural resources that make the County of Roanoke so valuable. Inadequate management of stormwater runoff from land-disturbing activities in watersheds increases flood flows and velocities, erodes and/or silts stream channels, pollutes water, overloads existing drainage facilities, undermines floodplain management in downstream communities, reduces groundwater recharge, and threatens public safety. More specifically, surface water runoff can carry pollutants into receiving waters. According to the U.S. Environmental Protection Agency's 2004 National Water Quality Inventory, approximately 40 % of surveyed U.S. water bodies do not meet basic water quality standards. The Roanoke River and many of its tributaries inside Roanoke County are listed as impaired waters by the Virginia Department of Environmental Quality. Many future problems can be avoided through proper stormwater management and the County of Roanoke is dedicated to preventing the damaging effects that uncontrolled storm water may present. The lands and waters of Roanoke County are great natural resources and need to be protected. The County finds that it is in the public interest to establish a stormwater management program. 3 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-1 GENERAL PROVISIONS Section 23-1.1 TITLE AND AUTHORITY A. This ordinance shall be known as the "Storm water Management Ordinance of the County of Roanoke, Virginia." B. The Virginia Stormwater Management Law ("Law"), Title 10.1-603.2:1 of the Code of Virginia (1950), as amended, enables localities to adopt, by ordinance, a stormwater management program consistent with state regulations promulgated pursuant to the Law. Section 23-1.2 PURPOSE The purpose of this ordinance is to establish minimum storm water management requirements and controls to protect properties, safeguard the general health, safety, and welfare of the public residing in watersheds within the County of Roanoke, Virginia, and protect aquatic resources. This ordinance seeks to meet that purpose through the following objectives: 1. Require that land-disturbing activities maintain the after-development runoff characteristics, as nearly as practicable, as the pre-development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage associated with land-disturbing activities. 2. Establish minimum design criteria for the protection of properties and aquatic resources downstream from land-disturbing activities from damages due to increases in volume, velocity, frequency, duration, and peak flow rate of storm water runoff; 3. Establish minimum design criteria for measures to minimize non-point source pollution from stormwater runoff which would otherwise degrade water quality; 4. Establish provisions for the long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; and 5. Establish certain administrative procedures for the submission, review, approval, and disapproval of storm water plans, and the inspection of approved projects. 4 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-1.3 APPLICABILITY A. This ordinance shall be applicable to all subdivision, site plan, land-disturbing, or land use conversion applications including denuding and mass grading, unless eligible for a variance by the County of Roanoke under the specifications of Section 23-4 of this ordinance. B. The ordinance shall be applicable to land-disturbing activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land-disturbing activities may take place at different times on different schedules. C. All plans must be reviewed by the County of Roanoke to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. D. To prevent the adverse impacts of stormwater runoff, the County of Roanoke has developed a set of performance standards that must be met at new land- disturbance activity sites. These standards apply to any land-disturbing activity disturbing 5,000 square feet or more of land. E. The following activities are exempt from these stormwater performance criteria: 1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia (1950), as amended; 2. Tilling, planting or harvesting of agricultural, horticultural, or forest crops; 3. Single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residential structures; 4. Residential land-disturbing activities that disturb less than 5,000 square feet of land area; 5. Linear development projects, provided that (i) less than 5,000 square feet of land will be disturbed per outfall, (ii) the resulting increase in the peak flow discharge from a 10-year storm event is less than 0.5 cubic feet per second (cfs), and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the County of Roanoke. 5 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A F. Any additions, extensions, and/or modifications to development which were previously exempt shall provide storm water management for the entire combined development when the acreage limitations are exceeded. G. State projects are not exempt from the requirements of this ordinance. Section 23-1.4 CaMPA T ABILITY WITH OTHER REQUIREMENTS This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall apply. Section 23-1.5 SEVERABILITY If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Ordinance. Section 23-1.6 STORMWATER MANAGEMENT DESIGN MANUAL A. The County of Roanoke will utilize the policy, criteria and information including specifications and standards of the County of Roanoke Stormwater Management Design Manual for the proper implementation of the requirements of this ordinance. This document shall include a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. B. The County of Roanoke Storm water Management Design Manual may be updated and revised from time to time, based on improvements in engineering, science, monitoring and local maintenance experience. The County Administrator shall authorize and approve any updates, supplements, or modifications to the County of Roanoke Stormwater Management Design Manual. C. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards. 6 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-2 DEFINITIONS The following words and terms, as used in this Chapter, shall have the following meanings unless the context requires a different meaning: "Adequate channel" means a channel that will convey the designated frequency storm event without overtopping the channel bank nor cause erosive damage to the channel bed or banks. "Applicant" means any person submitting a stormwater management plan for approval. "Aquatic bench" means a 10- to 15- foot wide bench around the perimeter ofa permanent pool that ranges in depth from zero to 12 inches. Vegetated with emergent plants, the bench augments pollutant removal, provides habitats, conceals trash and water level fluctuations, and enhances safety. "Average land cover condition" means a measure of the average amount of impervious surfaces within a watershed, defined to be 16 %. "Best Management Practice or BMP" means schedules of activities, prohibitions of practices, including both a structural or nonstructural practice, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "Bioretention basin" means a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a vegetated surface layer (vegetation, mulch, ground cover), planting soil, and sand bed, and into the in-situ material. "Bioretention filter" means a bioretention basin with the addition of a sand filter collection pipe system beneath the planting bed. "Board" means the Virginia Soil and Water Conservation Board. "Channel" means a natural or manmade waterway. "Clean Water Act or CWA" means the federal Clean Water Act (33 United States Code 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Conservation easement" means a legal agreement through which a landowner gives up certain uses and development rights to the property for purposes of conservation by way of a series of restrictions while maintaining ownership and management rights to the property. "Constructed wetlands" means areas intentionally designed and created to emulate the water quality improvement function of wetlands for the primary purpose of removing pollutants from stormwater. "Construction activity" means any clearing, grading, or excavation associated with large construction activity or associated with small construction activity. 7 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A "County" means the County of Roanoke, Virginia. "Department" means the Department of Conservation and Recreation. "Development" means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain two or more residential dwelling units. "Director" means the Director of Community Development or his designee. "Discharge" means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected dumped, pumped, leaked, or placed by any means. "Drainage easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm drainage conveyance. "Easement" means a legal right granted by a land owner to a grantee allowing the use of private land for a designated use. "Ephemeral stream" means a stream channel or reach of a stream channel that carries surface water runoff flow only during, and for a short durations as the result of, precipitation events, including snowmelt and rainfall and that has a channel bottom that is always above the groundwater table. "Erosion and sediment control plan" means a document containing information and material necessary for the conservation of soil and water resources of a lot or lots, in compliance with Chapter 8.1 of the Roanoke County Code. "Fee in lieu" means a payment of money in place of meeting all or part of the storm water performance standards required by this ordinance. "Flooding" means a volume of water that is too great to be confined within the banks or walls ofthe stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage. "Grassed swale" means an earthen conveyance system which is broad and shallow with erosion resistant grasses and check dams, engineered to remove pollutants from stormwater runoff by filtration through grass and infiltration into the soil. "Hotspot" means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. "Hydrologic soil group or HSG" means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. "Illicit connection" means any point source discharge to the County of Roanoke's storm sewer system or to the waters of the United States, which is not composed entirely of storm water and is not authorized by a NPDES permit. Failure of an industrial facility or construction site to notify the County of Roanoke's Director ofCommWlity Development of a connection to the COWlty of Roanoke's storm sewer system constitutes an illicit connection. "Illicit discharge" means any discharge to the storm sewer system or to the waters of the United States that is not composed entirely of stormwater, with the exception of discharges which are exempt pursuant to paragraph 23-5.7 of this Ordinance. Any discharge in violation of a VSMP, NPDES or VPDES or other stormwater discharge permit shall constitute an illicit discharge. 8 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "Impervious cover" means a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. "Industrial wastes" means liquid or wastes resulting from any process of industry, manufacture, trade, or business, or from the development of any natural resource. "Infiltration facility" means a stormwater management facility that temporarily impounds runoff and discharges it through the surrounding soil. While an infiltration facility may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an infiltration facility impounds runoff only temporarily, it is normally dry during non- rainfall periods. Infiltration basin, infiltration trench, infiltration dry well, and porous pavement shall be considered infiltration facilities. "Inspection" means an on-site review of the project's compliance with the permit, the local stormwater management program, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the enforcement of this chapter. "Intermittent stream" means a stream channel or reach of a stream channel that carries surface water runoff flow for only part of the year, typically during winter and spring when the channel bottom is below the groundwater table and which flow may be heavily supplemented by stormwater runoff. "Jurisdictional wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. "Land disturbance" or "Land-disturbing activity" means a manmade change to the land surface that potentially changes its runoff characteristics including any clearing, grading, or excavation associated with a construction activity regulated pursuant to the Clean Water Act and this chapter. "Land disturbing permit" means a permit issued by the County of Roanoke for the clearing, filling, excavating, grading, transporting of land, or for any combination thereof or for any purpose set forth herein. "Land owner" or "Property owner" means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. "Linear development project" means a land disturbing activity that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; and (iii) highway construction projects. Roads constructed in association with residential, commercial, or industrial site development are not considered linear development projects. "Local stormwater management program" or "Local program" means a statement of the various methods employed by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, permit requirements, policies and guidelines, technical materials, inspection, enforcement, and evaluation consistent with this Chapter. The ordinance shall include 9 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A provisions to require the control of after-development stormwater runoff rate of flow, the proper maintenance of stormwater management facilities, and minimum administrative procedures. "Locality" means a county, city, or town. "Maintenance agreement" or "Facility maintenance agreement" means a legally recorded document that acts as a property deed restriction, and which provides for long- term maintenance of storm water management practices. "Manmade" means constructed by man. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including drainage systems, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that are owned and operated by a public body, and designed or used for collecting or conveying stormwater. "National Pollutant Discharge Elimination System or NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307,318,402, and 405 of the Clean Water Act. The term includes an approved program. "Nonpoint source pollution" means pollution such as sediment, nitrogen and phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater runoff. "Nonpoint source pollutant runoff load" or "Pollutant discharge" means the average amount of a particular pollutant measured in pounds per year, delivered in a diffuse manner by stormwater runoff. "Off-site facility" means a stormwater management measure located outside the subject property boundary described in the permit application for land-disturbing activity. "Other wastes" means wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze, and other chemicals. "Owner" means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. "Percent impen'ious" means the impervious area within the site divided by the area of the site multiplied by 100. "Perennial stream" means a stream channel or reach of a stream channel that carries surface water runoff year round, and that has a channel bottom that is located below the groundwater table for most of the year. "Permit" means an approval issued by the County of Roanoke for the initiation of a land-disturbing activity. "Permittee" means the person to which a permit is issued. "Person" means any individual, corporation partnership, firm, association, joint venture, public or private or municipal corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate or governmental body or any other legal entity, or any agent or employee of any such person. 10 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "Plan-approving authority" means the County of Roanoke Department of Community Development, which shall be responsible for determining the adequacy of a submitted stormwater management plan. "Planning area" means a designated portion of the parcel on which the land-disturbing activity is located. Planning areas shall be established by delineation on a master plan. Once established, planning areas shall be applied consistently for all future projects. "Point source" means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agriculture stormwater runoff. "Post-development" refers to conditions that reasonably may be expected or anticipated to exist after completion of the land-disturbing activity on a specific site or tract ofland. "Pre-development" refers to the conditions that exist at the time that plans for the land development of a tract ofland are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted, to a maximum of 5 years prior to plan approval, shall establish pre- development conditions. "Program authority" means a district, county, city or town which has adopted a stormwater management program which as been approved by the Virginia Board of Conservation and Recreation. "Recharge" means the replenishment of underground water reserves. "Redevelopment" means the process of developing land that is or has been previously developed. "Regional (watershed-wide) stormwater management facility" or "Regional facility" means a facility or series of facilities designed to control storm water runoff from a specific watershed, although only portions of the watershed may experience development. "Regional (watershed-wide) stormwater management plan" or "Regional plan" means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities. "Runoff" or "Stormwater runoff" means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. "Sand filter" means a contained bed of sand that acts to filter the first flush of runoff. The runoff is then collected beneath the sand bed and conveyed to an adequate discharge point or infiltrated into the in-situ soils. "Shallow marsh" means a zone within a stormwater extended detention facility that exists from the surface of the normal pool to a depth of six to 18 inches, and has a large surface area and, therefore requires a reliable source of base flow, groundwater supply, or a sizeable drainage area to maintain the desired water surface elevations to support emergent vegetation "Site" means the land or water area where any facility or activity is physically located or conducted, a parcel of land being developed, or a designated planning area in which the land-disturbing activity is located. 11 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. "Steep slope" means any slope greater than 1 vertical to 3 horizontal ratio or 33.3 percent slope. "Storm sewer system" or "Storm drainage system" means the conveyance or system of conveyances located within County of Roanoke, which are designed or used for collecting, storing, or conveying storm water or through which stormwater is collected, stored, or conveyed, including, but not limited to roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention, and infiltration basins, and other facilities. "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. "Stormwater detention basin" or "Detention basin" means a stormwater management facility that temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during non-rainfall periods. "Stormwater extended detention basin" or "Extended detention basin" means a stormwater management facility that temporarily impounds runoff and discharges it through a hydraulic structure over a period oftime to a downstream conveyance system for the purpose of water quality enhancement or stream channel erosion control. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and, therefore, are not considered in the facility's design. Since an extended detention basin impounds runoff only, temporarily, it is normally dry during non-rainfall periods. "Stormwater extended detention basin-enhanced" or "Extended detention basin- enhanced" means an extended detention basin modified to increase pollutant removal by providing a shallow marsh in the lower stage of the basin. "Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Stormwater management plan" means a document containing material for describing how existing runoff characteristics will be maintained by a land-disturbing activity and methods for complying with the requirements of the local program or this Chapter. "Stormwater retention basin" or "Retention basin" means a stormwater management facility that includes s permanent impoundment, or normal pool of water, for the purpose of enhancing water quality and, therefore, is normally wet, even during nonrainfall periods. Storm runoff inflows may be temporarily stored above this permanent impoundment for the purpose of reducing flooding, or stream channel erosion. "Stormwater retention basin I" or "Retention basin I" means a retention basin with the volume of the permanent pool equal to three times the water quality volume. "Stormwater retention basin II" or "Retention basin II" means a retention basin with the volume ofthe permanent pool equal to four times the water quality volume. 12 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A "Stormwater retention basin III" or "Retention basin III" means a retention basin with the volume ofthe permanent pool equal to four times the water quality volume with the addition of an aquatic bench. "Subdivision" means the division of a parcel of land into two (2) or more parcels of any size by the establishment of new boundaries lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. "Total Maximum Daily Load or TMDL" means a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. "Town" means the incorporated Town of Vinton. "Vegetated filter strip" means a densely vegetated section of land engineered to accept runoff as overland sheet flow from upstream development. It shall adopt any vegetated form, from grassy meadow to small forest. The vegetative cover facilitates pollutant removal through filtration, sediment deposition, infiltration and absorption, and is dedicated for that purpose. "Virginia Pollutant Discharge Elimination System Permit" or "VPDES Permit" means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. ""Virginia Stormwater Management Program" or "VSMP" means the Virginia program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing requirements pursuant to the federal Clean Water Act, the Virginia Stormwater Management Act, this Chapter, and associated guidance documents. "Virginia Stormwater Management Program Permit" or "VSMP Permit" means a document issued by the permit-issuing authority pursuant to the Virginia Stormwater Management Act authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters. Under the approved state program, a VSMP permit is equivalent to a NPDES permit. "Water quality volume or WQV" means the volume equal to the first Y; inch of runoff multiplied by the impervious surface of the land-disturbing activity. "'Watercourse" means a lake, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. "Waters ofthe United States" is as defined in 40 CFR 122.2 as "(a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate "wetlands;" (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign 13 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoWldments of waters otherwise defined as waters ofthe United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) ofthis definition; (f) The territorial sea; and (g) "Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CW A (other than cooling ponds as defined in 40 CFR 423.11 (m) which also meet the criteria ofthis definition) are not waters ofthe United States." "Watershed" means a defined land area drained by a river, stream, drainage ways or system of connecting rivers, streams, or drainage ways such that all surface water within the area flows through a single outlet. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 14 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-3 PROGRAM PERMIT PROCEDURES AND REQUIREMENTS Section 23-3.1 PERMIT REQUIRED A. No land owner or land operator shall receive any building, grading or other land development permits required for land-disturbing activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. B. Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than 180 days, the County of Roanoke may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the authority finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land-disturbing activities. C. No land development permit, building permit, or other land-disturbing activity shall be granted or extended for more than five (5) consecutive years from the date of the original permit issuance without reevaluation of the stormwater management requirements of this Ordinance. Section 23-3.2 PERMIT APPLICATION REQUIREMENTS A. Unless specifically exempted by this ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the County of Roanoke a permit application on a form provided by the County of Roanoke for that purpose. B. Unless specifically exempted by this ordinance, a permit application must be accompanied by the following in order that the permit application be considered: 1. Stormwater management plan in accordance with Section 23-3.3; 2. Maintenance agreement in accordance with Section 23-3.4; 3. Performance bond in accordance with Section 23-3.5; 4. Permit application and plan review fee in accordance with Section 23-3.6; and C. Permit applications shall comply with the requirements contained within the Roanoke County Land Development Procedures that is available at the County of Roanoke Department of Community Development office. 15 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-3.3 STORMW A TER MANAGEMENT PLANS A. No application for land development, land use conversion, or land-disturbing activity will be approved unless it includes a stormwater management plan, as required by this ordinance, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. B. No building, grading, or sediment control permit shall be issued until a satisfactory stormwater management plan, or a variance thereof, shall have undergone a review and been approved by County of Roanoke after determining that the plan or variance is consistent with the requirements of this Ordinance. C. Submittal, review, approval, and resubmittal of stormwater management concept and design plans shall comply with the requirements set forth in the Roanoke County Land Development Procedures. Section 23-3.4 STORMWATERMANAGEMENT FACILITY MAINTENANCE AGREEMENTS Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the permittee or owner of the site must execute an access easement agreement and a formal maintenance covenant that shall be binding on all subsequent owners of land served by the stormwater management facility. A. Access Easement Agreement 1. The Access Easement Agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the County of Roanoke, or their contractor or agent, and for regular assessments of land owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance. The easement agreement shall be recorded by County of Roanoke in the land records. 2. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the County of Roanoke shall be authorized to enter any public or private property at any reasonable time for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. 16 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A B. Maintenance Covenants 1. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by County of Roanoke and recorded into the land record prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance. 2. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. 3. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" prOViSiOns. 4. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the County of Roanoke reserves the authority to perform the work and to recover the costs from the land owner. Section 23-3.5 PERFORMANCE BONDS A. The County of Roanoke may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement, all of which shall be in a form approved by the County of Roanoke, prior to issuance of a permit in order to ensure that the storm water practices are installed by the permittee as required by the approved stormwater management plan. B. The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the permit, plus 10%. C. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. 17 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. If the County of Roanoke takes such action upon such failure by the permittee, the County of Roanoke may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. E. At the request ofthe permittee, at the completion of the requirements of the approved stormwater management plan in the form of certified as-built report and survey, such bond, cash escrow, letter of credit or other legal arrangement, shall be refunded to the permittee or terminated. F. These requirements are in addition to all other provisions of the County of Roanoke ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. Section 23-3.6 PERMIT APPLICATION REVIEW FEES There shall be a reasonable fee charged for the processing of stormwater management permit applications. Applicants shall submit a plan review and permit fee to the County of Roanoke at the time of submission of the stormwater management plan. Such fee schedule shall be established by resolution of the Roanoke County Board of Supervisors and a copy shall be maintained in the County of Roanoke Department of Community Development office. Section 23-3.7 PERMIT APPLICATION PROCEDURE A. Applications for land disturbance activities, and all related construction activity and plans may be filed with the County of Roanoke on any regular business day. B. Permit applications and the stormwater management plan shall include all of the information required by the County of Roanoke Stormwater Management Design Manual. C. Permit applications and the stormwater management plan will be reviewed in accordance with the Roanoke County Land Development Procedures. D. If the permit application, stormwater management plan and maintenance agreement are approved by the County of Roanoke, the following conditions apply: 1. The applicant shall comply with all applicable requirements of the approved plan and this ordinance and shall certify that all land clearing, construction, land disturbance and drainage will be done according to the approved plan. 18 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A 2. The land-disturbing activity and development shall be conducted only within the area specified in the approved plan. 3. The County of Roanoke shall be allowed to conduct periodic inspections of the project. 4. The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the County of Roanoke may require to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management. 5. No changes may be made to an approved plan without review and written approval by the County of Roanoke. 6. A certified inspection, in accordance with Section 23-6.2, of all aspects of the stormwater management facility construction, including surface as- built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. E. Where a construction project or a land disturbance activity has not been completed within five (5) years of the approval of the stormwater management plan, the applicant shall revise, if necessary, and resubmit the storm water management plan to the County of Roanoke for review. The County of Roanoke shaH review the resubmitted stormwater management plan in accordance with the requirements set forth in this Ordinance. 19 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-4 VARIANCES Section 23-4.1 VARIANCES FOR PROVIDING STORMW ATER MANAGEMENT A. Every applicant shall provide for stormwater management, unless they file a written request for a variance to this requirement. Requests for variance to the stormwater management plan requirements shall be submitted in writing to the County of Roanoke Director of Community Development for approval. B. A variance from the stormwater management regulations may be granted by the County of Roanoke Director of Community Development, provided that: (i) the variance to the criteria are the minimum necessary to afford relief and (ii) reasonable and appropriate conditions shall be imposed as necessary upon any variance granted so that the intent of this ordinance is preserved. C. The minimum requirements for stormwater management may be granted a variance in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: 1. It can be demonstrated that the proposed development will not impair attainment of the objectives of this ordinance. 2. Alternative minimum requirements for on-site management of stormwater discharges have been established in a storm water management plan that has been approved by the County of Roanoke and that is required to be implemented by local ordinance. 3. Provisions are made to manage stormwater by an off-site facility. The off- site facility is required to be in place, designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices and has a legally obligated entity responsible for long-term operation and maintenance of the storm water practice. 4. The County of Roanoke finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site. 5. The County of Roanoke may waive the requirements for stormwater management for quantity only in cases where site development has an increase of less than 0.5 cubic feet per second discharge based on a 10- year frequency discharge rate. 20 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. Economic hardship is not a reason to grant a variance from the requirements of this chapter. E. In instances in which C.l through C.5 applies, the County of Roanoke may grant a variance from strict compliance with stormwater management provisions when not reasonably achieved, provided that acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the County of Roanoke that the downstream waterways will not be subject to: 1. Deterioration of existing culverts, bridges, dams, and other structures; 2. Deterioration of biological functions or habitat; 3. Accelerated streambank or streambed erosion or siltation; 4. Increased threat of flood damage to public health, life and property. F. Fee-In-Lieu Options 1. If a regional stormwater management facility, designed to control stormwater quantity or quality, currently operates or is scheduled to be constructed downstream of the proposed development, the County of Roanoke has the option to require the developer to pay a fee for its share of the responsibility of the regional stormwater management facility. 2. Paying a fee-in-lieu of stormwater management practices does not relieve the developer of meeting any requirements of this stormwater ordinance other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site. Section 23-4.2 APPEALS Any applicant under the provision of this ordinance, who is aggrieved by any action of the County of Roanoke or its agent in approving or disapproving any action set forth by this ordinance, shall have the right to apply for and receive a review of such action by the Roanoke County Board of Supervisors. In reviewing the agent's actions, the Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Board of Supervisors decision shall be final. Any applicant who seeks an appeal hearing before the Board of Supervisors shall be heard at the next regularly scheduled Board of Supervisors public hearing provided that the Board of Supervisors and other involved parties have at least 30 days prior notice. 21 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A Final decisions of the County of Roanoke under this ordinance shall be subj ect to review by the County of Roanoke Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities. 22 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-5 GENERAL CRITERIA FOR STORMW A TER MANAGEMENT For general and specific criteria for stormwater management calculations, designs, and implementation, reference the County of Roanoke Storm water Management Design Manual. The following technical criteria shall be applied on all applicable land- disturbing activities. Section 23-5.1 GENERAL A. Determination of flooding and channel erosion impacts to receiving streams due to land-disturbing activities shall be measured at each point of discharge from the land disturbance and such determination shall include any runoff from the balance of the watershed which also contributes to that point of discharge. B. The specified design storms shall be defined as either a 24-hour storm using the rainfall distribution recommended by the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) when using NRCS methods, or as the storm of critical duration that produces the greatest required storage volume at the site when using a design method such as the Modified Rational Method. C. For purposes of computing runoff, all pervious lands in the site shall be assumed prior to disturbance to be in good condition (if the lands are pastures, lawns, or parks), with good cover (if the lands are woods), or with conservation treatment (if the lands are cultivated); regardless of conditions existing at the time of computation. D. For land disturbing activities, pre-development runoff quantities shall be computed based on pre-construction land conditions that existed over the past five (5) years prior to the application date that results in the lowest pre-development peak rate of runoff. For sites being redeveloped, pre-development conditions runoff quantities shall be computed based on the site conditions that existed over the past five (5) years prior to the application date that results in the highest pre-development peak rate of runoff. E. Construction of stormwater management facilities or modifications to channels shall comply with all applicable laws and regulations. Evidence of approval of all necessary permits shall be presented. F. Impounding structures that are not covered by the Impounding Structure Regulations (4V AC 50-20) shall be engineered for structural integrity during the 1 DO-year storm event. 23 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A G. Pre-development and post-development runoff rates shall be verified by calculations that are consistent with good engineering practices. H. Outflows from a stormwater management facility or stormwater conveyance system shall be discharged to an adequate channel as described in Chapter 5.3 of the County of Roanoke Stormwater Management Design Manual. I. Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the land disturbance as a whole. Individual lots in new subdivisions shall not be considered separate land-disturbing activities, but rather the entire subdivision shall be considered a single land- disturbing activity. Hydrologic parameters shall reflect the ultimate land disturbance and shall be used in all engineering calculations. J. All stormwater management facilities shall have an inspection and maintenance plan which identifies the owner and the responsible party for carrying out the inspection and maintenance plan. K. Construction of storm water management impoundment structures within a Federal Emergency Management Agency (FEMA) designated 1 aD-year floodplain shall be avoided to the extent possible. When this is unavoidable, all stormwater management facility construction shall be in compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59. Site development within the FEMA designated lOa-year floodplain shall be in accordance with the County of Roanoke requirements set forth in Section 30-74 of the County of Roanoke Zoning Ordinance. L. Natural channel characteristics shall be preserved to the maximum extent practicable. M. Land-disturbing activities shall comply with the Erosion and Sediment Control Ordinance of the County of Roanoke, Virginia. N. Non-structural stormwater practices and low impact development (LID) practices designed to reduce the volume of storm water runoff are encouraged to reduce the amount of stormwater runoff that must be managed. This will help to minimize the reliance on structural practices which require ongoing maintenance in order to be effective. 1. The County of Roanoke may allow non-structural storm water practices to be used in conjunction with or in place of structural measures in order to satisfy, partially or in whole, the requirements of this ordinance, if the performance and implementation standards of such measures are documented in peer reviewed technical literature, are acceptable to the 24 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A County of Roanoke based on its exercise of sound professional judgment, and the County of Roanoke finds that the measures would achieve equivalent benefit for water quantity or water quality protection as would otherwise be provided by structural measures. 2. Non-structural site and LID development measures may include, but are not limited to, maintaining undisturbed naturally vegetated areas, minimization of impervious surfaces, stream buffer restoration, providing additional stream buffer areas, wetland restoration, water reuse and recycling, and development design that reduces the rate, time of concentration, and volume of storm water runoff. O. The design of all stormwater management facilities and structures shall incorporate appropriate safety measures which may include safety ledges, fencing, warning signs, anti-vortex devices, stadia rod indicating depth at the lowest point, outlet structures designed to limit public access, and other appropriate measures as applicable. P. Outlets from stormwater management facilities shall be designed to function without manual, electrical, or mechanical controls. Section 23-5.2 STRUCTURAL STORMWATER MANAGEMENT PRACTICES A. Minimum Control Requirements 1. All stormwater management practices shall be designed so that the specific storm frequency peak discharge flow rate and storage volumes are met, unless County of Roanoke grants the applicant a variance or the applicant is exempt from such requirements. 2. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, as determined by the County of Roanoke, the County of Roanoke reserves the right to impose additional requirements deemed necessary to protect downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff B. Site Design Feasibility Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: 1. Topography 2. Maximum drainage area 3. Depth to water table 4. Soils 25 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 5. Slopes 6. Terrain 7. Hydraulic head 8. Location in relation to environmentally sensitive features C. Conveyance Issues All stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to: 1. Maximizing of flowpaths from inflow points to outflow points 2. Protection of inlet and outfall structures 3. Elimination of erosive flow velocities 4. Providing of under drain systems, where applicable D. Pretreatment Requirements Stormwater treatment practices may be required to have an acceptable form of water quality pretreatment. Stormwater infiltration practices or practices having an infiltration component are prohibited, even with pretreatment, in the following circumstances: 1. Where bedrock, impermeable strata or clay lenses, or groundwater is present within 3 feet below the invert of the infiltration practice; 2. Where the infiltration practice will be placed in fill material; 3. Where the infiltration practice will be placed in soils with 30 percent or greater clay content, or the soils have an infiltration rate of less than 0.52 inches per hour or greater than 8.27 inches per hour; 4. Where the infiltration practice will be placed on a slope of greater than 20 percent; 5. Where the infiltration practice is within 20 feet downgradient of a structure or 100 feet upgradient of a structure, or within 100 feet of a drinking water well, or within 20 feet of a wastewater septic tank or drain field; 6. Where the underlying geology is defined as karst geology; 7. Where stormwater is generated from highly contaminated source areas known as "hotspots" or where stormwater runoff includes a contaminated non-stormwater component; 26 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A 8. Where stormwater is being managed in a designated groundwater recharge area. E. Treatment/Geometry Conditions All storm water management practices shall be designed to capture and treat stormwater runoff according to the specifications outlined in the County of Roanoke Stormwater Management Design Manual. These specifications will designate the water quality treatment and water quantity criteria that apply to an approved stormwater management practice. F. Landscaping Plans Required All stormwater management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. This plan must be prepared by a qualified individual familiar with the selection of emergent and upland vegetation appropriate for the selected BMP. G. Maintenance Agreements A legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured prior to issuance of any permits for land disturbance activities. In addition, all storm water treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all access easements required for the County of Roanoke to periodically access and inspect the stormwater treatment practices. Section 23-5.3 WATER QUALITY Unless judged by the County of Roanoke for a project to be exempt, the following criteria shall be addressed for stormwater management at all land-disturbing activities: A. All stormwater runoff from land-disturbing activities impervious areas shall be treated by appropriate best management practices prior to leaving the property unless BMPs are not required to meet the water quality requirements of this Chapter. B. Compliance with the water quality criteria may be achieved by applying the performance-based or the technology-based criteria to either the site or a planning area. C. Performance-based criteria. For land-disturbing activities, the calculated post- development non-point source pollutant runoff load shall be compared to the calculated pre-development load based upon the average land cover condition or the existing site condition. BMPs shall be located, designed, and maintained to 27 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A achieve the target pollutant removal efficiencies specified in Table 1 to effectively reduce the pollutant load to the required level based upon the following four applicable land development situations for which the performance criteria apply: 1. Situation 1 consists of land-disturbing activities where the existing percent impervious cover is less than or equal to the average land cover condition and the proposed improvements will create a total percent impervious cover which is less than the average land cover condition. Requirement: No reduction in the after disturbance pollutant discharge is required. 2. Situation 2 consists of land-disturbing activities where the existing percent impervious cover is less than or equal to the average land cover condition and the proposed improvements will create a total percent impervious cover which is greater than the average land cover condition. Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the average land cover condition. 3. Situation 3 consists of land-disturbing activities, where the existing percent impervious cover is greater than the average land cover condition. Requirement: The pollutant discharge after disturbance shall not exceed (i) the pollutant discharge based on existing conditions less 10% or (ii) the pollutant discharge based on the average land cover condition, whichever is greater. 4. Situation 4 consists ofland-disturbing activities where the existing percent impervious cover is served by an existing storrnwater management BMP that addresses water quality. Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the existing percent impervious cover while served by the existing BMP. The existing BMP shall be shown to have been designed and constructed in accordance with proper design standards and specifications, and to be in proper functioning condition. 28 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Table 1 * Water Quality BMP Target Phosphorus Percent Impervious Removal Efficiency Cover Vegetated Filter Strip 10% 16-21 % Grassed Swale 15% Constructed Wetlands 20% Extended Detention (2x WQV) 35% 22-37% Retention Basin I (3x WQV) 40% Bioretention Basin 50% Bioretention Filter 50% Extended Detention-Enhanced 50% 38-66% Retention Basin II (4x WQV) 50% Infiltration I (Ix WQV) 50% Sand Filter 65% Infiltration II (2x WQV) 65% 67.100% Retention Basin II (3x WQV 65% with Aquatic Bench) * Innovative or alternate BMPs not included in this table may be allowed at the discretion of the local program authority. Innovative or alternate BMPs not included in this table which target appropriate non- point source pollution other than phosphorous (such as petroleum, hydrocarbons, sediment, etc.) may be allowed at the discretion of the local program authority. D. Technology-based criteria. For land-disturbing activities, the post-developed stormwater runoff from the impervious cover shall be treated by an appropriate BMP as required by the post-developed condition percent impervious cover as specified in Table 1. The selected BMP shall be located, designed, and maintained to perform at the target pollutant removal efficiency specified in Table 1. E. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the County of Roanoke. F. Industrial sites which are listed under the Standard Industrial Code that are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions ofthe National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites. G. Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", may require the use of specific structural BMPs and pollution prevention practices. Increased pollutants can include 29 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A hydrocarbons, traces metals, pesticides, and other toxics that are not found in typical storm water runoff. The following land uses and activities are designated as stormwater hotspots in County of Roanoke: 1. Vehicle salvage yards and recycling facilities; 2. Vehicle fueling stations; 3. Vehicle service and maintenance facilities; 4. Vehicle and equipment cleaning facilities; 5. Fleet storage areas (bus, truck, etc); 6. Industrial sites; 7. Marinas (service and maintenance areas); 8. Outdoor liquid container storage; 9. Outdoor loading and unloading facilities; 10. Public works storage areas; 11. Facilities that generate or store hazardous materials; 12. Commercial container nursery; 13. Golf courses; 14. Chemical storage; 15. Dry cleaning operations. H. In addition to BMP requirements set forth by this ordinance, golf courses shall meet the following performance standards. 1. Managed turf shall be reduced by including areas of rough devoted to native plants, natural environments, and wildlife habitat enhancement; 2. An Integrated Pest Management and nutrient management plan shall be submitted for review and approval; 3. Native or naturalized landscaping shall be used to the extent possible; 4. Natural vegetation and trees along streams shall be retained to the extent possible; 5. Stream crossings shall be minimized; 6. Irrigation, drainage and retention systems shall be designed to provide for efficient use of water and the protection of water quality; 7. Water reuse strategies shall be employed when feasible; 8. Adherence to the "Environmental Principles of Golf Courses in the United States" published by the Center for Resource Management is encouraged. 30 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 9. A Nutrient Management Plan shall be developed by a certified Nutrient Management Plarmer consistent with DCR's Nutrient Management Training and Certification Regulations. I. Prior to the design of stormwater management systems, applicants are encouraged to consult with the County of Roanoke to determine if they are subject to additional stormwater design requirements due to envirorunental quality concerns at the proposed land-disturbance activity or development site. Section 23-5.4 STREAM CHANNEL EROSION A. To protect stream charmels from degradation, specific charmel protection criteria shall be provided as prescribed in the County of Roanoke Stormwater Management Design Manual. B. Properties and receiving waterways downstream of any land-disturbing activity shall be protected from erosion and damage due to changes in runoff rate of flow and hydrologic characteristics, including, but not limited to, changes in volume, velocity, frequency, duration, and peak flow rate of storm water runoff in accordance with the minimum design standards set out in this section. C. The County of Roanoke may determine that some watersheds or receiving stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions brought on by land-disturbing activities. Section 23-5.5 FLOODING A. Calculation methodologies for determining peak flows as found in the County of Roanoke Stormwater Management Design Manual shall be used for sizing all stormwater management practices. B. Downstream properties and waterways shall be protected from damages from localized flooding due to changes in runoff rate of flow and hydrologic characteristics, including but not limited to, changes in volume, velocity, frequency, duration, and peak flow rate of storm water runoff in accordance with the minimum design standards set out in this section. C. The 25-year post-developed peak rate of runoff from the land-disturbing activity shall not exceed the IO-year pre-developed peak rate of runoff. The lO-year post- developed peak rate of runoff from the land-disturbing activity shall not exceed the 2-year pre-developed peak rate of runoff. When developing a stormwater management design, these criteria shall be considered individually. D. Where land is placed within a conservation easement that will be managed to leave land in, or return land to, wooded condition, the post-developed condition 31 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A may be considered to be woods in good condition, regardless of the actual post- development condition. Section 23-5.6 REGIONAL STORMW ATER MANAGEMENT PLANS A. The objective of a regional stormwater management plan is to address the stormwater management concerns in a given watershed with greater economy and efficiency by installing regional storm water management facilities versus individual, site-specific facilities. The result will be fewer stormwater management facilities to design, build, and maintain in the affected watershed. It is also anticipated that regional stormwater management facilities will not only help mitigate the impacts of new development, but may also provide for the remediation of erosion, flooding or water quality problems caused by existing development within the given watershed. B. Applicants shall communicate with the County of Roanoke prior to submitting an application for stormwater management plan approval in accordance with Section 3 of this ordinance to determine if a regional storm water management plan has been developed for the applicable watershed. C. If such a regional stormwater management plan is in existence, the applicant must provide storm water management water quality treatment on-site in accordance with the provisions ofthe regional plan and other management provisions as specified by the County of Roanoke. D. A regional stonnwater management plan shall, at a minimum address the following: 1. The specific stormwater management issues within the targeted watersheds. 2. The technical criteria in 4 V AC 50-60-40 through 4 V AC 50-60-80 as needed. 3. The implications of any local comprehensive plans, zoning requirements, and other planning documents. 4. Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, implementation of regional stormwater utility fees, etc. 5. Maintenance of the selected stormwater management facilities. 6. Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level. 32 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-5.7 ILLICIT DISCHARGES A. It shall be unlawful and a violation of this ordinance to do any of the following: I. Discharge, or cause or allow to be discharged, sewage, industrial wastes, or other wastes, into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewer system. 2. Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any sanitary sewer connected to the storm sewer as of the date of the adoption of this ordinance. 3. Connect, or cause or allow to be connected to the storm sewer system, without a valid VSMP, VPDES or NPDES permit, any structure that conveys any liquid other than stormwater or discharges listed in subsection B, including, but not limited to, pipes, drains, sanitary sewer lines, washing machine drains, or floor drains. 4. Prohibitions 2 and 3 listed in this subsection expressly include, without limitations, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 5. Throw, place, or deposit, or cause to be thrown, placed, or deposited in the storm sewer system anything that impedes or interferes with the free flow of stormwater therein. B. Subject to the provisions of subsection C, the following activities shall not be in violation of this ordinance: 1. Water line flushing; 2. Landscape irrigation; 3. Diverted stream flows or rising groundwater; 4. Infiltration of uncontaminated groundwater; 5. Pumping of uncontaminated groundwater; 6. Discharges from potable water sources, foundation drains, irrigation water, springs, and water from crawl spaces or footing drains; 7. Air conditioning condensation; 33 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 8. Lawn watering; 9. Residential car washing; lO. Dechlorinated swimming pool discharge; 11. Street washing; 12. Discharges or flows from emergency fire fighting activities and emergency response activities employing BMPs; 13. Any activity authorized by a valid Virginia Stormwater Management Program permit, a valid VPDES or NPDES permit, a valid Virginia Pollutant Abatement permit, or as may otherwise be permitted by law. C. In the event any ofthe activities listed in subparagraph B of this section are found to be the cause of pollutants to be discharged into the storm sewer system, the County of Roanoke Director of Community Development, or his designee, shall so notify the person performing such activities, and shall order that such activities be ceased or conducted in such a manner as to avoid the discharge of pollutants into the storm sewer system. The failure to comply with any such order shall constitute a violation of the provisions of this ordinance. D. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free oftrash, debris, yard wastes, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. The owner or such person's lessee shall not remove healthy bank vegetation beyond that necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to the watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Section 23-5.8 STEEP SLOPES For development requirements on steep slopes, see Chapter 8.1, Erosion and Sediment Control and Steep Slope Development Ordinance of the County of Roanoke, Virginia. 34 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-6 CONSTRUCTION INSPECTION Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this Chapter. Section 23-6.1 NOTICE OF CONSTRUCTION COMMENCEMENT A. The permittee must notify the County of Roanoke in advance before the commencement of construction. In addition, the permittee must notify the County of Roanoke in advance of construction of critical components of a stormwater management facility. B. Periodic inspections of the storm water management system construction shall be conducted by the staff of the County of Roanoke or a professional engineer who has been approved by the County of Roanoke. C. Upon completion, the permittee is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall provide regular inspections during construction sufficient to adequately document compliance. All permittee inspections shall be documented and written reports prepared that contain the following information: 1. The date and location of the permittee inspection; 2. Whether construction is in compliance with the approved stormwater management plan; 3. Variations from the approved construction specifications; 4. Corrective actions that have been taken to correct previous violations; 5. Any violations that exist; and. 6. The name and signature of the person who performed the inspection. D. If the County of Roanoke inspections find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously completed has received approval from the County of Roanoke. E. The person responsible for carrying out the plan is required to provide inspection monitoring and reports to ensure compliance with the approved plan and to 35 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A determine whether the measures required in the plan provide effective stormwater management. F. If the County of Roanoke determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Section 23-8 of this Ordinance. Section 23-6.2 FINAL INSPECTION AND AS-BUILT DOCUMENTATION A. All permittees are required to submit "as built" plans and supporting documentation for any stormwater management practices located on-site after final construction is completed. The plan and documentation must show that that the installed stormwater management facility conforms to the requirements contained within the approved stormwater management plan. B. As-built documentation shall include the following: 1. As-built survey conducted following construction certified by a registered land surveyor or professional engineer. The survey shall include enough information to verify that storage capacities in ponds and other storm water management structures are no less than the storage volume required by the approved stormwater management plan. For retention and detention structures, a stage-storage summary table with design values and as-built values shall be included. The survey shall verify inverts and sizes of pipes, culverts, and outlet structures. Maximum tolerance shall be +/- 0.1 feet for structure and +/- 0.5 feet for finished grades. 2. The permittee's inspection log records with copies of all inspection test results documenting compliance with the approved storm water management plan. 3. Redline revision of approved stormwater management plan. Place a check mark where design values agree with actual constructed values. For changed values enter the constructed value in red. 4. Certification statement, signed by the permittee and a Professional Engineer or Professional Land Surveyor, registered in the Commonwealth of Virginia, indicating conformance with the approved stormwater management plan. C. A final inspection and approval by the County of Roanoke is required before the release of any performance securities can occur. As built plans, acceptable to the County of Roanoke shall be submitted prior to the County of Roanoke's final inspection. 36 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A D. If it is determined from the as-built documentation that the storm drainage systems and the stormwater management facilities have not been constructed in accordance with the approved stormwater management plan, then corrective action will be taken to comply with the approved Plan or the permittee shall provide studies and information required by the County of Roanoke to demonstrate that the constructed system will function equivalent to the approved Stormwater Management Plan, including meeting all flow, velocity, and regulatory requirements and that the approved elevation-storage requirement is maintained. 37 Storm water Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-7 MAINTENANCE AND REPAIR OF STORMWATER FACILITES Section 23-7.1 MAINTENANCE INSPECTIONS OF STORMW A TER FACILITIES A. The person responsible for the maintenance and repair of stormwater management facilities during construction shall be the permittee. Following the completion and acceptance of construction, the person responsible for the maintenance and repair of storm water management facilities shall be the land owner. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement. All inspection, maintenance, and repair activities shall be documented. B. All stormwater structures and management facilities shall be maintained, repaired, and inspected as required by Section 23-7 of the Storm water Management Ordinance. C. In addition to the inspections performed by the land owner, the County of Roanoke shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the County of Roanoke shall notify the land owner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the County of Roanoke, after reasonable notice, may correct a violation ofthe design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the land owner. Section 23-7.2 RECORDS OF MAINTENANCE AND REPAIR Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the County of Roanoke at reasonable times upon request. 38 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A SECTION 23-8 ENFORCEMENT AND PENALTIES Section 23-8.1 VIOLATIONS Any land disturbance activity that is commenced or is conducted contrary to this Ordinance or the approved plans and permit, may be subject to the enforcement actions outlined in this section and the Virginia Stormwater Management Law. The enforcement and penalties for violation of the Stormwater Management Ordinance shall apply to stormwater management required during construction and land-disturbing activities and post-construction operation and maintenance of stormwater structures and practices. Section 23-8.2 NOTICE OF VIOLATION A. When the County of Roanoke determines that an activity is not being carried out in accordance with the requirements of this Ordinance, it shall issue a written notice of violation delivered by registered or certified mail to the permittee, or if there is no permittee, to the land owner. B. The notice of violation shall contain: 1. The name and address of the permittee, or if there is no permittee, the land owner; 2. The address when available or a description of the building, structure or land upon which the violation is occurring; 3. A statement specifying the nature of the violation; 4. A description of the remedial measures necessary to bring the land- disturbing activity into compliance with this ordinance and a time schedule for the completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. A statement that the determination of violation may be appealed by filing a written notice of appeal within thirty (30) days of service of notice of violation. 39 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A Section 23-8.3 STOP WORK ORDERS A. Persons receiving a notice of violation are required to immediately halt all construction and land-disturbing activities not in conformance with the approved stormwater management plan. B. This "stop work order" shall be in effect until the County of Roanoke confirms that the land-disturbing activity is in compliance with the requirements of this ordinance and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article and upon conviction shall be subject to the penalties provided by this ordinance. Section 23-8.4 CIVIL AND CRIMINAL PENAL TIES A. Any person who violates any provision of a local ordinance or program adopted pursuant to the authority ofthe Virginia Stormwater Management Program Permit Regulations (4 V AC 50-60) shall be guilty of a Class 1 misdemeanor and shall be subject to a fine of not less than $2,500 and not exceeding $32,500 or up to twelve months imprisonment for each violation or both. B. Any person who knowingly makes a false statement in any form required to be submitted under this ordinance or renders any monitoring device or method to be maintained to ensure compliance shall be guilty of a felony and shall be subject to a fine of not less than $5,000 nor more than $50,000 and imprisonment for not less than one year nor more than three years for each violation. C. Any defendant, not an individual, shall, upon conviction of a violation under sub- paragraph A or B, be subject to a fine of not less than $10,000 per for each violation. D. Each day that a violation continues shall constitute a separate and distinct violation. E. In addition, the County of Roanoke may elect to seek civil penalties: 1. The County of Roanoke may apply to the circuit court to enjoin a violation or a threatened violation of the provisions of this ordinance without the necessity of showing that an adequate remedy at law does not exist. 2. Without limiting the remedies which may be obtained in this section, the County of Roanoke may bring a civil action against any person for violation of this ordinance or any condition of a permit. The action may seek the imposition of a civil penalty of not more than $10,000 against the person for each violation. 40 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A 3. With the consent of any person who has violated or failed, neglected or refused to obey this ordinance or any condition of a permit, the County of Roanoke may provide, in an order issued by the County of Roanoke against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subdivision 2 of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subdivision 2. 4. The County of Roanoke may also bring civil action to recover costs necessary to abate water quality and public safety concerns from an applicant who violates this ordinance or any condition of a permit. Section 23-8.5 RESTORATION OF LANDS A. Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements. B. In the event that restoration is not undertaken within a reasonable time after notice, the County of Roanoke may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both. 41 Stormwater Management Ordinance County of Roanoke, Virginia EXHIBIT A ACTION NO. f -~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: First reading of an ordinance authorizing the creation and conveyance of a new variable width sanitary sewer easement to the Western Virginia Water Authority to provide for the extension of sewer service for the benefit of GCT Development, LLC, through property owned by the Roanoke County Board of Supervisors at Green Hill Park (Tax Map No. 055.00-01-12.00), Catawba Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation & Tourism Elmer C. Hodge ~ j if County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~7~ SUMMARY OF INFORMATION: GCT Development, LLC and the Western Virginia Water Authority are requesting that the Board of Supervisors convey a new variable width sanitary sewer easement across Green Hill Park, Catawba Magisterial District, as follows: As shown on engineering plans prepared by Lumsden Associates, PC, the new variable width sanitary sewer easement would contain approximately 1,850 square feet and cross property owned by Roanoke County and designated as Tax Map No. 55.00-01-12.00-0000. On April 26, 2005, the Board of Supervisors adopted Ordinance 042605-2 that conveyed to the Western Virginia Water Authority a new 20' wide sanitary sewer easement and a new variable width sanitary sewer easement that crosses property in Green Hill Park owned by Roanoke County. During construction of the sanitary sewer line in Green Hill Park, GCT Development, LLC made a field adjustment to the alignment of the sanitary sewer line that would simplify construction of and reduce construction costs for the sanitary sewer line. This field adjustment was agreed to by the Department of Parks, Recreation and Tourism as the adjustment would result in reduced impacts to park land during construction of the sanitary sewer fine. Construction of the sanitary sewer line in Green Hill Park was completed by GCT Development, LLC in 2006. However, the adjustment to the alignment of the sanitary sewer line now requires the creation of a new variable width sanitary sewer easement that would contain approximately 1,850 square feet. WVWA has reviewed this proposal and has indicated that it will accept conveyance of new variable width sanitary sewer easement as shown on engineering plans prepared by Lumsden Associates, PC. FISCAL IMPACT: Staff, utilizing the Roanoke County standard formula of 40% of assessed value of the easement requested (1,850 sq. ft.) has determined the fair market value of the sanitary sewer easement to be $340.00. However, since GCT Development, LLC made a donation of $3,000 to the Green Hill Park greenway as payment to Roanoke County for the fair market value of the easements granted by the Board of Supervisors on April 26, 2005, (Ordinance 042605-2) staff recommends that the fees associated with this requested easement be waived. ALTERNATIVES: 1. Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and waive the $340.00 in fees associated with this requested easement. 2. Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and accept their payment of $340.00 for conveyance of this easement to the Green Hill Park Capital Maintenance Program Account. 3. Decline to authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by the County at Green Hill Park for the benefit of GCT Development, LLC. STAFF RECOMMENDATION: Staff recommends that the Board approve Alternative #1: Authorize the conveyance of this easement for the purpose of the extension of sanitary sewer service across property owned by Roanoke County at Green Hill Park for the benefit of GCT Development, LLC and waive the $340.00 in fees associated with this requested easement. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 ORDINANCE AUTHORIZING CONVEYANCE OF VARIABLE WIDTH SANITARY SEWER EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 55.00-1-12) TO PROVIDE FOR THE EXTENSION OF SEWER SERVICE FOR THE BENEFIT OF GCT DEVELOPMENT, LLC, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 34.45 acres off Harborwood Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 55.00-1-12; and WHEREAS, GCT Development, LLC and the Western Virginia Water Authority have requested the conveyance of new variable width sanitary sewer easement across this property to provide for the extension of sewer service for the benefit of GCT Development, LLC;and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on September 11, 2007; and the second reading was held on September 25, 2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Western Virginia Water Authority for the extension of sewer service for the benefit of GCT Development, LLC. 2. That conveyance to the Western Virginia Water Authority of a new variable width sanitary sewer easement as shown and described as "New Variable Width Sanitary Sewer Easement" (1,850 sq. ft.) on a plat entitled "Plat showing New Variable Width Sanitary Sewer Easement being granted by Board of Supervisors of Roanoke County to the Western Virginia Water Authority Situated in Green Hill Park (PB 10, PG. 133) Catawba Magisterial District" prepared by Lumsden Associates, P. C., dated July 31,2007, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. 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I -" "- ;;: ::E ~ "" :J co Z ;; > ~ < ~ 5 ~ ....",lJ ""..eel ~?3> ::!; Nw' ~X'" "'~~ iq(j ...."-0< Uen . 0:::: o....~ -z u)z w-< E--J <'1- _en u~ 0>--< U) w - Cf)>z <0:::(3 =>0:::: Zen- en> Wo:::: - OwW U)w:,c ~zO f"I!!=._z ~Q< ~ z: 0 --< W 0:::: IIMP'''O '.69~~0 \Jnl\ 69~~ 0 \~ oo~ \ &~UI"" JP\:'" ACTION NO. ITEM NO. G- -,.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Second reading of an ordinance approving the West Roanoke River Flood Mitigation project, Phase II, accepting flood mitigation grant of $300,398 from FEMA and appropriating the grant to this project, authorizing the County match of $1 00,132 to be paid through funds and in-kind labor from the Department of Community Development, and authorizing the acquisition of real estate to reduce the number of structures in the Roanoke River Flood Plain located in the Catawba Magisterial District. SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge cfZ..~ /.f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The first reading of the ordinance was held on August 28, 2007, and there have been no changes to the board report or the ordinance since that time. The Commonwealth of Virginia Department of Emergency Management has notified us of the approval of our grant application to fund the acquisition of flood-prone homes along the Roanoke River in Roanoke County. These properties were selected from the Federal Emergency Management Agency (FEMA) repetitive loss list. The property owners have been contacted and have signed a voluntary participation agreement. Listed below is a summary and costs for this project. Proiect Summary: As a result of the Roanoke Valley Regional Stormwater Management Plan, and the Federal Emergency Management Agency (FEMA) list of repetitive flood loss properties, the three homes selected for acquisition were based on severity of flooding and flooding depths. This area is identified in the Regional Stormwater Management Plan for acquisition based on severity of flooding. The three homes selected were based on a ranking within the floodway and the flooding depths. The grant is awarded by FEMA and is administered by the Commonwealth of Virg inia Department of Emergency Management. A summary of the proposed costs for this project is outlined below. Please refer to the attached map for location of the properties. Summary of Costs: Federal Share County Share TOTAL PROJECT COST $ 300,398 $ 100,132 $ 400,530 75% 25% 100% FISCAL IMPACT: Roanoke County's share of this project will be paid by Community Development funds that have been earmarked in the Drainage IFlood Control capitol account for flood mitigation projects. ALTERNATIVES: Alternative 1. Accept the grant and authorize staff to match with funds and in-kind labor from the Department of Community Development. Approve the attached ordinance authorizing the acquisition of the identified properties. Alternative 2. Decline acceptance of the grant. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. 2 Thomas & Myra Mathis 4796 Poor Mountain Road 064.02-01-22.00-0000 Building Value: $58600 Land Value: $15000 Total Value: $73600 Acreage: 0.298 (GIS Calculated) Robert & Michelle Whisnant 4455 West River Road 064.04-02-03.00-0000 Building Value: $37700 Land Value: $34100 Total Value: $71800 Acreag e: 2.113 (G IS Calculated) Lois Spigle 4697 West River Road 064.04-02-30.00-0000 Building Value: $67000 Land Value: $15000 Total Value: $82000 Acreage: 0.235 (GIS Calculated) 064.04-02-31.00-0000 Building Value: $0 Land Value: $3000 Total Value: $3000 Acreage: 0.218 (GIS Calculated) Roanoke County Deparlment of Community Development L~~ti~~~;~:~6-~~~S: Flood Mitigation Assistance Grant Project 064 .04-02-30.00-0000 064.04-02-31.00-0000 064 .02-01-22.00-0000 21 August, 2007 Scale: 1" = 800' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDA Yr SEPTEMBER 11, 2007 ORDINANCE APPROVING THE WEST ROANOKE RIVER FLOOD MITIGATION PROJECT, PHASE II, ACCEPTING A FLOOD MITIGATION GRANT OF $300,398 FROM FEMA AND APPROPRIATING THE GRANT TO THIS PROJECT, AUTHORIZING THE COUNTY MATCH OF $100,132 TO BE PAID THROUGH FUNDS AND IN-KIND LABOR FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT, AND AUTHORIZING THE ACQUISITION OF REAL ESTATE TO REDUCE THE NUMBER OF STRUCTURES IN THE ROANOKE RIVER FLOOD PLAIN WHEREAS, Roanoke County has been awarded a grant from the Federal Emergency Management Agency (FEMA) to purchase flood-prone homes along the Roanoke River in west Roanoke County; and WHEREAS, the purpose of the West Roanoke River Flood Mitigation Grant (the Grant) is to reduce the number of structures located in the flood plain and subject to repetitive flooding damages; and WHEREAS, staff has identified four properties for acquisition, based upon the severity of flooding and flooding depths; and WHEREAS, the real estate to be acquired is located within the Roanoke River flood plain and this area has been identified in the Federal Emergency Management Agency Repetitive Loss List of Properties for acquisition based on severity of flooding; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 28, 2007, and the second reading was held on September 11, 2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the West Roanoke River Flood Mitigation Project, Phase II, is hereby approved. 2. That a Flood Mitigation Grant of $300,398 from FEMA is hereby accepted and appropriated to implement this Project and the County's share, in the amount of $100,132, is hereby approved to be paid through funds available in the Flood Reduction and Drainage Control capital account and through in-kind labor from the Department of Community Development. 3. That the acquisition of real estate, referenced by tax map number, from the following property owners, their successors or assigns, is hereby authorized: Tax Map No. Property Address Owner 64.04-2-3 64.04-2-30 64.04-2-31 64.02-1-22 4455 West River Road 4697 West River Road 4697 West River Road 4796 Poor Mountain Road Robert and Michelle Whisnant Lois Spigle Lois Spigle Thomas and Myra Mathis 4. The consideration for each real estate acquisition shall not exceed a value to be determined by an independent fair market value appraisal; and 5. That the consideration for each real estate acquisition shall be paid from the West Roanoke River Flood Mitigation Project, Phase II, Grant funds and County's match, not to exceed and subject to the amount of funds available; and 6. That in order to accomplish the provisions of the Grant and ordinance, the Board previously adopted on December 18, 2001, by reference the "County of Roanoke Hazard Mitigation Grant Program - Acquisition Policy," which established the 2 procedures and requirements by which acquisition of all real estate shall be accomplished. The Board may amend this policy from time to time by resolution; and 7. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney's office. 3 ACTION NO. ITEM NO. H \-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Wanda G. Riley, CPS ~.J:j'fC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The following one-year terms expired on August 31, 2007: a) King Harvey, Catawba District b) James T. Anderson, Cave Spring District Mr. Anderson has advised that he does not wish to serve an additional term. c) Brian Garber, Windsor Hills District 2. Clean Valley Council The two-year term of Dennis "Chip" Harris expired on June 30, 2007. 3. Economic Development Authority Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be appointed or at the end of August 2007. Mr. Sharp is serving a four-year term which will expire September 26, 2010. The four-year term of Gregory Apostolou, who lives in the Hollins District, will expire September 26, 2007. As requested by Supervisor Flora at the Board meeting on August 28, 2007, Mr. Apostolou was contacted by the Clerk's Office and has advised that he is willing to serve an additional term. If the Board wishes to make the appointment at this meeting, the confirmation will be placed on the Consent Agenda. The four-year term of Carole Brackman, who lives in the Catawba District, will expire September 26,2007. She has advised the Economic Development Department that she is willing to serve an additional term. Supervisor Church has expressed his willingness to reappoint her. If the Board wishes to make the appointment at this meeting, the confirmation will be placed on the Consent Agenda. 4. Grievance Panel The three-year term of R. Vincent Reynolds expired on September 10,2007. At the request of Supervisor Flora at the Board meeting on August 28, 2007, the Clerk verified with the Human Resources Department that Mr. Reynolds is eligible for reappointment. The Clerk's Office has contacted Mr. Reynolds and is waiting to hear from him. The three-year term of Lee Blair will expire on October 10,2007. 5. Local Governments for Sustainability (ICLEI) At the Board meeting on August 14, 2007, the County approved a resolution to join this organization. In order to complete the application process, a Board member needs to be appointed as liaison to this organization. This appointment was discussed in Closed Session at the Board meeting on August 28.2007. It is recommended that this appointment rotate with the Chairman. 6. Regional Stormwater Management Committee The Roanoke Valley-Alleghany Regional Commission has requested that the County appoint a Board member to serve on its Regional Stormwater Management Committee. This appointment was discussed in Closed Session at the Board meeting on August 28, 2007. Supervisor Altizer has advised that he is willing to serve on this committee. 7. Western Virginia Water Authority Board of Directors The three-year term of Elmer C. Hodge expired on June 30, 2007. 2 rl-.:( AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11,2007 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 11, 2007, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Approval of minutes for August 14,2007 2. Request from the schools to accept and appropriate grant funds for GED examinations 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. ACTION NO. ITEM NO. T-~ . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Request from the schools to accept and appropriate grant funds for GED Examinations. APPROVED BY: Elmer C. Hodge t/..J County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia General Assembly approved special funding for the purpose of increasing the number of adults taking and passing the GED exam in Virginia. Each LEA had the opportunity to apply for a portion of those funds. A total of $46,393.99 has been approved to allow Roanoke County to become a GED testing center, and to add additional adult GED and ESL programs for Roanoke County citizens. FISCAL IMPACT: The Adult GED Program budget will be increased by $46,393.99. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends approval of the appropriation of $46,393.99 to be used to expand and enhance the adult GED and ESL programs. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA 01- ' Amount % of General Amount Unaudited Balance at June 30, 2007 $14,488,420 8.23% July 1, 2007 Payment on Loan from Explore Park 20,000 Balance at September 11, 2007 14,508,420 8.24% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2007-08 at a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 The Unappropriated Fund Balance of the County is currently maintained at a range of 8.5%-9.5% of General Fund revenus and will be increased over time to the following ranges: 2008-2009 2009-2010 2010-2011 9.0%-10.0% 9.5%-10.5% 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C'fI County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES ffI- (~ Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited Balance at June 30, 2007 Amount $6,234,044.55 August 28, 2007 Upgrade to the 800 MHZ Radio System (5,000,000.00) $1,234,044.55 Balance at September 11, 2007 Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited Balance at June 30, 2007 $1,049,620.00 July 24, 2007 Acquisition of property for Fleet Maintenance Facility (890,000.00) $159,620.00 Balance at September 11, 2007 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge $ County Administrator RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Nt -~ -j From 2007-2008 Original Budget Amount $ 100,000.00 June 12, 2007 Appropriation for Legislative Liaison ($24,000.00) June 26, 2007 Appropriation for the veteran's monument at the Vinton War Memc ($30,000.00) Balance at September 11, 2007 $ 46,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ct:f County Administrator M - J.i TELECOMMUNICATIONS TAX REPORT COUNTY OF ROANOKE, VIRGINIA Month of Collection Tax Description 2006 2007 January Consumer Utility Tax Landline $ 94,947.90 $ 86,811.94 Consumer Utility Tax Wireless 116,433.91 123,642.12 E911 Service Tax 61,427.25 61,676.60 Cable Franchise fee 240,925.74 237,369.11 Total $ 513,734.80 $ 509,499.77 February Consumer Utility Tax Landline $ 93,052.78 $ 11,481.03 Consumer Utility Tax Wireless 116,093.91 E911 Service Tax 59,753.00 58,515.52 Cable Franchise fee 36,121.67 Total $ 268,899.69 $ 106,118.22 February 2007 Consumer Utility Tax Landline and Cable Franchise Fee are December 2006 taxes Collected in February 2007. March Consumer Utility Tax Landline $ 92,561.36 $ Consumer Utility Tax Wireless 104,178.63 Communication Sales and Use Tax 207,485.17 E911 Service Tax 64,339.14 Cable Franchise fee 80,692.40 Total $ 261,079.13 $ 288,177.57 April Consumer Utility Tax Landline $ 96,802.50 $ Consumer Utility Tax Wireless 128,673.20 Communication Sales and Use Tax 270,338.98 E911 Service Tax 60,650.90 Cable Franchise fee 216,295.38 75,020.70 Total $ 502,421.98 $ 345,359.68 May Consumer Utility Tax Landline $ 92,941.49 $ Consumer Utility Tax Wireless 117,319.69 Communication Sales and Use Tax 271,078.33 E911 Service Tax 60,264.73 Cable Franchise fee 92,259.95 Total $ 270,525.91 $ 363,338.28 June Consumer Utility Tax Landline $ 95,748.48 $ Consumer Utility Tax Wireless 119,760.11 Communication Sales and Use Tax 268,293.91 E911 Service Tax 60,455.05 Cable Franchise fee 84,186.19 Total $ 275,963.64 $ 352,480.10 July Consumer Utility Tax Landline $ 95,017.26 $ Consumer Utility Tax Wireless 121,823.44 Communication Sales and Use Tax E911 Service Tax 59,649.70 Cable Franchise fee 245,481.66 Total $ 521,972.06 $ Consumer Utility Tax Landline $ 92,306.09 $ Consumer Utility Tax Wireless 116,219.46 Communication Sales and Use Tax E911 Service Tax 59,979.00 Cable Franchise fee Total $ 268,504.55 $ Grand Total $ 2,883,101.76 $ 300,558.02 78,603.22 379,161.24 August 237,729.17 86,818.45 324,547.62 2,668,682.48 *Effective 2007 the Cable Franchise Fee is received monthly as compared to quarterly receipts in 2006. **2007 Breakdown provided by the State of Virginia Tax Department Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator M-5 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 11, 2007. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31, 2007. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY SUNTRUST/ALEXANDER KEY CONTRA SUNTRUST SECURITIES SUNTRUST SECURITIES CONTRA 81,704,609.95 (3,842,558.79) 9,000,000.00 (3,430.00) 86,858,621.16 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION (G.O.) 6,667,061.73 6,667,061.73 MONEY MARKET: BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST/ALEXANDER KEY SUNTRUST SECURITIES SUNTRUST - SWEEP WACHOVIA 2,198,608.19 1,202,126.25 28,863,535.31 1,512,974.21 899,550.96 2,569,962.91 37,246,757.83 US-TREASURY BILLS/NOTES: SUNTRUST/ALEXANDER KEY 989,304.62 989,304.62 TOTAL 131,761,745.34 09/05/07 ACTION NO. ITEM NO. 0-, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 11, 2007 AGENDA ITEM: Work session to discuss current status of capital improvement projects. SUBMITTED BY: Brent Robertson Director, Management and Budget SUMMARY OF INFORMATION: This time has been set aside to review and discuss the current status of significant capital improvement projects that are in progess. These projects are currently part of the approved Capital Improvements Program. Attached is a brief summary of recent activity and upcoming events related to the specific projects. FY 2008-2012 Capital Project Status Report 9/6/2007 Project: 800M Hz Public Safety Radio Upgrade Project Managers: Bill Hunter Elaine Carver Total Capital Cost: $9,082,780 Description: The project will include a complete upgrade from a 20 year old Public Safety analog radio system to a state of the art digital system, including replacement of the system infrastructure and subscriber radios. The upgrade will ensure better service and greater reliability of communications within the County. Recent Developments: . Final contract was approved by the Board of Supervisors at the August 14, 2007 meeting . Budget was appropriated by the Board at the August 28, 2007 meeting (pending a bond sale) . A detailed Payment Schedule and Project Timeline has been received from Motorola outlining the actual project costs and milestone dates . Final System Acceptance and the "Go Live" date is scheduled for October 20th, 2009 Project Status: Final Contract Approval August-07 Approved at the August 14, 2007 BaS meeting; Budget appropriated at the August 28, 2007 BOS meeting Site Improvements Begin December-07 Public Safety Building, Poore Mtn., Ft. Lewis, Mill Mtn., Crowells Gap; Begins 12/3/07 and ends 2/17/09 Subscriber Radio Installations Begin February-08 Begins 2/15/08, ends 8/27/2008 Site Installations Begin March-09 Begins 3/18/09, ends 7/16/09 Go Live October-09 10/20/2009 Project Timeline: Final Contract Approval . Subscriber Radio Installations Begin Go Live 4 . . . . . . . . . . . . . - - . . - - . )> C/J 0 Z ~ <- 'TI s: )> s: <- <- )> C/J 0 Z 0 <- 'TI s: )> s: <- <- )> C/J 0 Z c: CD !2. 0 Ql CD Ql "0 Ql c: ~ c: CD !2. 0 CD Ql CD ~ ~ Ql c: c: c: CD !2. 0 lC "0 <: ~ :> rr ~ ~ '< :> 6 lC "0 <: 0 :> rr '< :> 6 lC "0 <: 6 6 6 6 6 6 6 6 6 6 CD 6 6 6 6 6 6 6 6 6 6 6 (() 6 6 6 6 '-.j '-.j '-.j '-.j CD CD CD CD CD CD CD CD CD CD CD (() (() to to to (() to to to to Site Improvements Begin Site Installations Begin (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: Multi-Gen Center (New Business Park) Total Capital Cost: $30,259,852 Project Managers: Dan O'Donnell Pete Haislip Description: Development of an 75,750 square foot multi-generational center to include indoor aquatic spaces, gymnasiums, fitness areas, a walking track, community program space, and outdoor aquatics. The project will provide for the major facility recommendations in the Parks & Recreation Master Plan and will serve to enhance sports marketing efforts in the valley and will anchor a new 200 acre business park in North Roanoke County (See North County Business Park) and will be a signature landmark at the gateway to Roanoke County. Recent Developments: . Board of Supervisors approved the Comprehensive Agreement at the August 28, 2007 meeting contingent upon the following: a) Planned bond sale in Spring 2008 and appropriation of funds b) Execution of the option to purchase approximately 12 acres of land c) Approval of the Public-Private Partnership Agreement for infrastructure improvements for the North County Business Park . Project is similar in size, quality and scope to "Riverchase" model; space program has been reduced from 83,000 sq.lft. to proposed dimensions to reduce cost. This size is similar to Riverchase. Square footage presented does not include outdoor aquatic space. . Land acquisition is currently being negotiated and will not exceed $1,800,000 ($150,000/acre) . Construction finished November 2009. Project Status: Board vote on Compo Agreement August-07 Compo Agreement approved at the August 28, 2007 BOS meeting Design Development I Value Engineering September-07 Design development and value engineering continues from Sept 2007 through March 2008 Begin site preparation I Groundbreaking March-08 Completion November-09 Project Timeline: Design Development I Value Engineering Begin site preparation I Groundbreaking )> C 10 6 "'-l ~ ~ ~ ~ ~ ~ i ~ ! ~ ~ & ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 ~ ~ 00 00 00 ~ ~ ~ ~ ~ ~ ~ g ~ ~ o "'f <0 g ~ ~ )> en 0 :Jbc9-9~ 6 c.o 000 <0 <0 <0 <0 o '- (1) III o 'i' 6 <0 0 Board vote on Camp. Agreement Completion (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: Fire Station - North County Project Managers: Rick Burch Total Capital Cost: $4,200,000 Description: Provide a new fire and rescue public safety building in the area of Plantation and Hollins Road. This would be a three-bay station to house a pumper and two ambulances. Also included would be adequate living areas such as offices, male/female sleeping/restroom/shower areas, storage areas, and meeting rooms. This facility will more evenly distribute fire and rescue calls currently handled by other stations in order to provide more efficient and effective fire and rescue services for the citizens of Roanoke County. Recent Developments: . Design development began August 2007 . The presentation to the Board of Supervisors will be held at the first BaS meeting in October 2007 . Contract document preparation is set to begin in November 2007; bids will be solicited in January 2008 and received in February 2008 (award in March 2008) . The January 2009 completion date is aggressive; there is a possibility that completion will be pushed to February of 2009 . Rescue fees recently approved by the Board will generate revenue to pay for capital construction and off-set some of the personnel costs Project Status: Supervisor's Presentation October-OJ Will be held during first BOS meeting in October 2007 -- IBid January-08 ------ --- Award Ma rch-08 Begin Construction March-08 Construction set to run 10-11 months -- Completion January-09 May be pushed to February 2009 Project Timeline: Bid Award ~ . . . . Sep-07 Oc 07 Nov- Dee-07 Jan-08 Feb-08 Mar 08 Apr-08 May- Jun-08 Jul-08 Jul-08 Aug-08 Sep-08 Oet-08 Nov- Dee-08 Jan 9 Feb-09 07 08 08 ~ Begin Construction Supervisor's Presentation Completion (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: New County Garage Project Managers: Anne Marie Green Total Capital Cost: $7,700,000 David Anderson Descri ption: New fleet maintenance facility on Hollins Road that will reduce costs currently associated with maintaining two garages (one owned, one leased) and those associated with outsourcing the repair of public safety vehicles. In addition to reducing costs, the sixteen bay facility will allow for a more efficient workflow, more effective service and provide a safer, more comfortable work environment for the garage staff. Recent Developments: . Schematic design phase is currently underway and on schedule . Board authorized the purchase of the project site at the July 24, 2007 meeting; settlement of property is scheduled for September 17, 2007 . Work on a partnership contract with the Western Virginia Water Authority is currently in progress . Project entrance has been redesigned with Hollins Road being the only access point . The A&E firm, Spectrum, has estimated that the cost per square foot will be $142 . Construction bid is set to be issued in December 2007 with award and commencement of construction slated for March 2008 . Operating costs will be off-set with an updated rate structure and by eliminating the costs associated with the current maintenance facilities Project Status: Design Development August-O? Formal design development set to be completed by the end of August 2007. Award March-DB Award to be made by March 2008 Construction Begins April-DB Completion May-09 Completion and occupancy tentatively set for May 2009 Design Development Award Completion Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- A r- May- Jun- Jul- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 07 07 07 07 07 07 08 08 08 8 08 08 08 08 08 08 08 08 08 09 09 09 09 09 09 Construction Begins (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: South County Library Total Capital Cost: $18,000,000 Description: This project would replace the existing Headquarters/419 Library with a 56,000 sq. ft. building constructed to meet both current and anticipated needs for size, lighting, design, handicapped accessibility, and telecommunication infrastructure. The amount of traffic received at the 419 Library and its lack of interior space ensures that the new South County Library will provide a much needed update to the county's library system and will be of great use to county citizens. Project Managers: Diane Hyatt Diana Rosapepe Recent Developments: . Currently reviewing proposals for value engineering and engineering design for the roundabout on Merriman Road; construction management firm is currently conducting its second cost estimate review . Revenues generated from community space rentals and retail activities will be used to off-set some of the additional operating costs of the new library Project Status: - I -- Design Phase Completion March-OB I Construction Bid March-OB 3/29/200B; four (4) week bidding phase Construction Award IAPril-OB 4/23/200B Construction Begins Twenty (20) month construction phase IApril-OB Completion November-09 (F&E delivery & installation finished by 9/7/2009; building ,construction not complete u~tiI11/4/2009 Project Timeline: Construction Bid Construction Award Completion ~ , )> '- '- . . . . . . . . . " s: '- )> (fl 0 z 0 '- " s: )> s: '- '- )> (fl 0 z 0 CD ~ III c So So c CD !?r 0 CD III CD ~ ~ III c c c CD !?r 0 CD 0- '< :;, 6 6 <C "C c: (') :;, 0- '< :;, T' <C "C c: (') 6 ~ 6 6 6 6 6 0 6 6 6 6 6 6 6 6 0 6 6 0 6 6 0) 0> to 0) 0) CD CD CD CD CD CD CD to to to to to to to to to to to Construction Begins Desig Phase Completion (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: North County Business Park Infrastructure Project Managers: Doug Chittum Elmer Hodge Total Capital Cost: $2,500,000 Description: Phase I Infrastructure Development for New 200 acre Premier Business Park which will provide new jobs and revenue to Roanoke County and serve as the County's flagship Economic Development Project. Recent Developments: . Master Plan for Business Park has begun . 30 acre site for 1 st development identified as Hotel/Conference Center potential . This project will also provide access to MultiGen Recreation Facility which will serve as anchor to the new Park Project Status: Design Development/Engineering September-07 Complete by March-08 Construction Begins March-08 Completion of $1.5 Million in Infrastructure November-09 Improvements Project Timeline: Design DevelopmentJEng i neeri ng Completion of $1.5 Million in Infrastructure Improvements . . . . . . . . . . )> (fJ 0 z 0 '- .." )> s: '- '- '- )> (fJ 0 z 0 '- .." s: )> s: '- '- )> (fJ 0 z 0 c (1) ~ 0 (1) t\) (1) '0 t\) c c c c (1) ~ 0 (1) II> (1) ~ '0 t\) c c c (1) ~ 0 (1) lO '0 < (') ::l Q" " "f 'i' 6 6 lO '0 'f ? ::l Q" 7 '< ::l 6 (Q '0 < (') 6 6 0 6 6 6 6 0 0 0 co co 6 6 0 0 0 6 6 6 0 6 6 <0 6 6 0 6 6 "-J "-J "-J "-J "-J co co c:o co co co co c:o c:o c:o <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 Construction Begins (DRAFT) FY 2008-2012 Capital Project Status Report 9/6/2007 Project: Total Capital Cost: $2,310,000 Project Managers: Elmer Hodge coordinating with the Western Virginia Water Authority Water Line Extension Description: Extension of a water line from Clearbrook to Wirtz Plateau in Franklin County along the Route 220 Corridor. The project will not have an affect on rates for existing customers of the Water Authority nor will it interrupt service. Recent Developments: . Debt service will be paid for by Roanoke County and Franklin County; Roanoke County's share of the project is approximately $2.3 million; the cost of the entire water line will be approximately $5.5 million . Costs will be recovered from new commercial and residential developers and users who utilize the water line through increased tax revenues and connection fees . The Water Authority will be responsible for the design and construction of the water line . Project length is between 18 months and two years . Project is critical to long-term comprehensive regional water system Project Status: Board approval of support April-07 Approved a joint resolution of support for the project. Engineering & Design Work Began Spring Preliminary engineering report approved by VA Dept. of 2007 Health in August. Design work continues. 14th Quarter Work began in May. The final study expected to be 220 Corndor Study/Comprehensive Plan Amendment )2007 Ipresented to the PC in Oct. and 80S in Nov. for 'incorporation into the County's Comprehensive Plan. Construction Begins I Expected to Goal to have first phase of the project ready to bid in Jan. begin Spring 2008 2008 I Project Completion Summer 2009 Project Timeline: Board approval of support 220 Corridor Study/Comprehensive Plan Amendment Project Completion " ~ )> :s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ )> ~ 0 Z 0 ~ " ~ )> 5s..CCD~O(t)~(t)~~ 6~666666b66~ ~ ~ ~ ~ ~ ~ 00 m 00 00 t t t )> ~ 0 Z 0 ~ ~ ~ ~ ~ t t 666~"O~~~:Jrr, ,,<:) 00 00 00 ~ ~ 00 ~ g g g g g g g g Engineering & Design Work Construction Begins (DRAFT) o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 11, 2007 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.