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HomeMy WebLinkAbout2/22/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2011 RESOLUTION 022211 -1 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- 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 February 22, 2011, designated as Item H Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes — February 8, 2011 2. Donation of two storm drainage easements on the property of the Village at Tinker Creek Homeowners Association and the Tinker Creek Developers LLC located on Plantation Circle (Route 1899) (Tax Map Nos. 27.20 -1 -28 and 27.20- 1 -39.2) in the Hollins Magisterial District 3. Confirmation of appointment to the Roanoke Regional Airport Commission 4. Request to accept and appropriate funds in the amount of $7,000 of contributions from Hollins Volunteer Fire Company to share in funding equipment needs for the new fire engine purchased through our truck loan agreement 5. Resolution requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 651, Mountain View Road, Vinton Magisterial District On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: ALES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A CO Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A- 022211 -1. a ITEM NO. H -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 22, 2011 Donation of two storm drainage easements on the property of the Village at Tinker Creek Homeowners Association and the Tinker Creek Developers LLC located on Plantation Circle (Route 1899) (Tax Map Nos. 27.20 -1 -28 and 27.20 -1 -39.2) in the Hollins Magisterial District Paul M. Mahoney County Attorney B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of two storm drainage easements across property owned by the Village at Tinker Creek Homeowners Association and the Tinker Creek Developers LLC being conveyed to the Board of Supervisors of Roanoke County for access to a stormwater detention facility as a result of renovations to Mountain View Elementary School located in the Hollins Magisterial District of the County of Roanoke: a) Donation by the Village at Tinker Creek Homeowners Association (Tax Map No. 27.20 -1 -28) of a Storm Drainage Easement 20' wide to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present of future drainage courses, ditches, lines, pipes facilities and other necessary or related structures, appurtenances and improvements for management, collection, transmission and distribution of any form of drainage, including, but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, (the "Easement ") as being shown and designated as "New 20' Public Storm Drain Easement #1 652 S.F." upon the Plat showing "New 652 S.F. 20' Public Storm Drain Easement #1 on the property of Village at Tinker Creek Homeowners Association... being granted to the County of Roanoke, Virginia, situated along Plantation Circle, Hollins Magisterial District" Roanoke County, Page 1 of 3 Virginia, prepared by Lumsden Associates, P. C., dated September 17, 2010 (the "Plat"). The location of the Easement is more particularly described on the Plat which is attached hereto as " Exhibit A " and by reference incorporated herein. b) Donation by the Tinker Creek Developers LLC (Tax Map No. 27.20 -1 -39.2) of a Storm Drainage Easement of variable width to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present of future drainage courses, ditches, lines, pipes facilities, and other necessary or related structures, appurtenances and improvements for management, collection, transmission and distribution of any form of drainage, including, but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, (the "Easement ") as being shown and designated as "New Variable Width Public Storm Drain Easement #2 232 S.F." upon the Plat showing "... New 232 S.F. Variable Width Public Storm Drain Easement #2 on the property of Tinker Creek Developers LLC being granted to the County of Roanoke, Virginia, situated along Plantation Circle, Hollins Magisterial District" Roanoke County, Virginia, prepared by Lumsden Associates, P. C., dated September 17, 2010 (the "Plat"). The location of the Easement is more particularly described on the Plat which is attached hereto as " Exhibit A " and by reference incorporated herein. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these easements and that the County Administrator, or any Assistant County Administrator, be 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. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Page 2 of 3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ Page 2 of 3 cc: Paul M. Mahoney, County Attorney Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Page 3of3 ni. CAI MU , , go, NOW _ . - P ei W- EMS I aw ft"T"'IYU-N& cow w - M- ACTION NO. A- 022211 -1. b ITEM NO. H -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 22, 2011 AGENDA ITEM: Confirmation of appointment to the Roanoke Regional Airport Commission SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: It was the consensus of the Board at their February 8, 2011, closed session to appoint Mr. William Gust to the Roanoke Regional Airport Commission for a four -year term that will expire on February 10, 2015. Confirmation of the appointment has been placed on the Consent Agenda. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission ACTION NO. A- 022211 -1. c ITEM NO. H -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 22, 2011 Request to accept and appropriate funds in the amount of $7,000 of contributions from Hollins Volunteer Fire Company to share in funding equipment needs for the new fire engine purchased through our truck loan agreement Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue is pleased to work together with Hollins Volunteer Fire Company to add a tri -mode extrication pump needed to operate the extrication tools on the new fire engine which has been purchased and received through our replacement truck loan. Hollins Volunteer Fire Company provided $7,000 toward the purchase of new extrication pump. This equipment will prove invaluable on the scene of emergency once the fire engine is placed in service. FISCAL IMPACT: The total amount of the contribution from Hollins is $7,000 and the County has already budgeted for the remaining cost to purchase the extrication pump. ALTERNATIVES: Without the acceptance and appropriation of these contributions the department will have to fund the full purchase price for extrication pump. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of contribution funds in the amount of $7,000. from Hollins Volunteer Fire Company for the purchase of the new tri -mode extrication pump to be placed on the new fire engine assigned to the Hollins Station. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2011 RESOLUTION 022211 -1.d REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 651, MOUNTAIN VIEW ROAD, VINTON MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, THE Virginia Department of Transportation requests a resolution from the Roanoke County Board of Supervisors to abandon old road facilities, and subsequently add newly constructed road facilities. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation abandon, and subsequently add, the facilities described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.1- 155, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution. BE IT FURTHER RESOLVED, the Virginia Department of Transportation guarantees a clear and unrestricted right -of -way, as described and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A C Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation ----------------------------------- - - -- - - - -- - - - -- In_the_County_of Roanoke -- - - - -- -- - - - -- _- - -- - - -- ------------------ By resolution of the governing body adopted February 22, 2011 The following YDOT Form AM 4.3 is hereby attached and incorpora as part of the governing body's resolution far changes in the secondary system of state highways. -i /l A Copy Testee Signed (County ofcia v Report of Changes in the Secondary System of State Highways Project/Subdivision 0651 -080 -305, C -501 Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change: VDOT Project - Section 33.1 -155 Pursuant to Code of Virginia Statute: §33.1 -155 Street Name and/or Route Number Mountain View Road, State Route Number 651 Old Route Number: 651 • From: 0.02 Miles East of Route 1217 To: 0.03 Miles West of Route 1047, a distance of: 0.68 miles. Street Name and/or Rou"umber Mountain View Road, State Route Number 651 Old Route Number: 651 ------------------------------------------------ • From: 0.21 Miles East of Route 1047 To: 0.36 Miles East of Route 1077, a distance of: 0.15 miles. Street Name an&Q.[ RouJ2 Numbe r Mountain View Road, State Route Number 651 Old Route Number: 651 • From: 0.03 Miles West of Route 1047 To. 0.21 Miles East of Route 1047, a distance of: 0.26 miles. VDDT Form AM -4.3 (4/2012007) Maintenance Division Date of Resolution: February 22, 2011 Page 1 of 2 Report of Changes in the Secondary System of State Highways Project/Subdivision 0651 - 080 -305, C -501 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: VDOT Project Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number ♦ Mountain View Road, State Route Number 651 Old Route Number: 651 -------------------------------------------- • From: 0.21 Miles East of Route 1047 To: 0.36 Miles East of Route 1047, a distance of: 0.15 miles. Recordation Reference: N/A Right of Way width (feet) = 0 Street Name and /or Route Number ♦ Mountain View Road, State Route Number 651 Old Route Number: 651 -------------------------------------------- • From: 0.02 Miles East of Route 1217 To: 0.03 Miles West of Route 1047, a distance of: 0.66 miles. Recordation Reference: N/A Right of Way width (feet) = 0 Street Name and /or Route Number ♦ MountainView Road, State Route Number 651 Old Route Number: 651 -------------------------------------------- • From: 0.03 Miles West of Route 1047 To: 0.21 Miles East of Route 1047, a distance of: 0.24 miles. Recordation Reference: N/A Right of Way width (feet) = 0 VDOT Form AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2 ACTION NO. A- 022211 -2 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 22, 2011 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of funds in the amount of $10,000 from the 15 annual Marine Mud Run SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In its 15 year, the Marine Corps Mud Run continues to be one of the Roanoke Valley's signature running and fundraising events. This event is one that draws the interest of many individuals and its team competition has become popular with school groups and athletic teams, as well as teams made up of friends and neighbors. The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from Marine Corps Reserve Unit, Company B, 4 th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $10,000 contribution brings the total amount contributed over the years to $83,200. These funds will be used for facility improvements at the camp. A visit to Camp Roanoke will document the many improvements these funds have made over the years and with the current economy, these types of donations are more important than ever. Page 1 of 2 FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $10,000 contribution from the 15 annual Marine Corps League Mud Run to the Camp Roanoke Fee Class Account. VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Pete Haislip, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Pete Haislip, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2011 RESOLUTION 022211 -3 EXPRESSING THE GRAVE CONCERNS OF THE ROANOKE COUNTY BOARD OF SUPERVISORS OVER THE VARIOUS APPROPRIATION ACTIONS OF THE 2011 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the House of Delegates and the Senate have adopted competing measures for appropriating funds for the fiscal year beginning July 1, 2011; and WHEREAS, these various appropriation measures appear to reinforce a continuing theme of shifting more and more responsibilities onto local governments while at the same time significantly reducing State support and funding for these responsibilities; and WHEREAS, before the General Assembly finally adopts these appropriation measures before adjournment of the 2011 session, the Board of Supervisors of Roanoke County desires to express its grave concerns over these proposed measures. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, as follows: 1. That it expresses in the strongest terms possible its opposition to the actions by the General Assembly as it continues to reduce its funding for direct aid to education. 2. That it expresses in the strongest terms possible its opposition to the actions by the General Assembly as it continues to reduce its funding for its support for the Virginia Retirement System and to erode the stability of a system that once was fully funded. 3. That it expresses in the strongest terms possible its opposition to the Page 1 of 3 actions by the General Assembly to shift to local governments additional responsibilities under the Comprehensive Services Act, by reducing the State's share of costs for this program, including non - mandated funding, therapeutic foster care funding, special education related services, and expansion of mandated population. This action is unprecedented in that for the first time localities would be responsible for paying a portion of the State's share of the 50/50 match with the federal government, and which could increase local caseloads by as many as 190,000 additional cases. 4. That it expresses in the strongest terms possible its opposition to the actions by the General Assembly as it continues to reduce its funding and assistance for local law enforcement by its reduction for H B599 funding. 5. That it expresses in the strongest terms possible its opposition to the actions by the General Assembly as it shifts to localities responsibilities for funding the Line of Duty Act which was originally established as a State program and responsibility. 6. That it expresses in the strongest terms possible its opposition to the actions by the General Assembly to restrict the power and authority of local governments with respect to local tax revenues, including local real estate tax rates and assessments, personal property tax, BPOL, tobacco tax, transient occupancy tax and machinery and tools. 7. That it expresses its support for the Senate budget amendments. 8. That the Clerk to the Board of Supervisors is directed to send a copy of this resolution to the members of the Roanoke Valley legislation delegation and to the House and Senate budget conferees. Page 2of3 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A C Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Eldon James, Roanoke County Legislative Liaison Delegate Lacy E. Putney Delegate M. Kirkland Cox Delegate Beverly J. Sherwood Delegate R. Steven Landes Delegate S. Chris Jones Delegate Johnny S. Joannou Senator Charles J. Colgan Senator R. Edward Houck Senator Janet D. Howell Senator William C. Wampler, Jr. Senator Walter A. Stoch Senator Richard L. Saslaw Senator Thomas K. Norment, Jr. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 22, 2011 ORDINANCE 022211 -4 TO AMEND THE ROANOKE COUNTY ZONING ORDINANCE BY THE ADDITION OF AMENDMENTS RELATING TO SMALL WIND ENERGY SYSTEMS WHEREAS, In June 2009 the Roanoke County Planning Commission and Community Development staff identified various provisions of the Roanoke County Zoning Ordinance to review and update as provided in Section 30 -14 of the Roanoke County Code and Section 15.2 -2285 of the Code of Virginia; and, WHEREAS, wind energy was one topic identified not only by County staff but also requested by citizens for further research to develop provisions to recommend be incorporated into the Zoning Ordinance; and, WHEREAS, the Planning Commission has reviewed wind energy issues in ten work sessions over the past eighteen months, and on January 24, 2011, completed its recommendations for proposed amendments incorporating small wind energy systems; and, WHEREAS, wind energy is a renewable source of alternative energy and alternative sources of energy are beneficial to Roanoke County, the Commonwealth of Virginia and the United States of America; and, WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, Page 1 of 9 WHEREAS, the Planning Commission held its public hearing on these proposed amendments on February 1, 2011, after legal notice and advertisement as required by law; and, WHEREAS, the Board of Supervisors held its first reading on this ordinance on February 8, 2011, and its second reading and public hearing after legal notice and advertisement as required by law on February 22, 2011. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That the following sections of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Article II, Section 30 -28 — Definitions and Use Types Anemometer: An instrument for measuring wind force and velocity. Net metering: A program offered by a utility company that allows customers with eligible renewable energy systems to offset a portion of the electric energy provided by the utility. Rated nameplate capacity: The maximum rated output of electric power production equipment specified by the manufacturer. Shadow flicker: The visible flicker effect that occurs when rotating turbine blades cast shadows on the ground and nearby structures, causing the repeating pattern of light and shadow. Wind energy: Power generated by converting the mechanical energy of wind into electrical energy through use of a wind generator. Wind energy conversion system: An electric generating device, the main purpose of which is to convert the kinetic energy available in the wind to mechanical energy, consisting of one or more wind turbines, a tower, associated control or conversion electronics and other accessory structures and buildings, including substations, electrical infrastructure, transmission on lines and other appurtenant structures and facilities. Wind energy system, micro (building integrated): Abuilding - mounted wind energy conversion system that has a manufacturer's rating of 10 kW or less. Wind energy system, small: A wind energy conversion system consisting of a single wind turbine, a tower, and associated control or conversion electronics, having a rated nameplate capacity of not more than SO kilowatts (kW)Jor residential uses and not more than 100 kWfor other uses. For the purpose of residential net metering, Virginia Code X56 -594B limits the electrical generating facility to a capacity of not more than 10 kilowatts (kW). Page 2of9 Wind energy tower: The structure on which the wind turbine is mounted. Wind monitoring or temporary meteorological tower: A temporary tower equipped with devices to measure wind speeds and direction; used to determine how much wind power a site can be expected to generate. Wind turbine: A wind energy conversion device that converts wind energy into electricity th ro ugh use of a wind turbine generator; typically having one, two or three blades, nacelle, rotor, generator., controller and associated mechanical and electrical conversion components mounted on top of a tower. Windmill: A machine designed to convert the energy of the wind into more useful forms of energy, such as grinding, pumping, etc., using rotating blades driven by the force of the wind to turn mechanical equipment to do physical work, without producing energy. Article III — District Regulations SEC. 30 -32. - AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT. Sec. 30 -32 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small SEC. 30 -33. - AG -1 AGRICULTURAL /RURAL LOW DENSITY DISTRICT. Sec. 30 -33 -2. - Permitted Uses. (A) Permitted By Right 5. Miscellaneous Uses Wind Energy System, Small SEC. 30 -34. - AR AGRICULTURAL /RESIDENTIAL DISTRICT. Sec. 30 -34 -2. - Permitted Uses. (A) Permitted By Right 5. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -36. - AV AGRICULTURALNILLAGE CENTER DISTRICT. Sec. 30 -36 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Page 3of9 Wind Energy System, Small SEC. 30 -41. - R -1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30 -41 -2. - Permitted uses. (A) Permitted By Right 4. Miscellaneous Uses Wind Energy System, Small SEC. 30 -42. - R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30 -42 -2. - Permitted Uses. (A) Permitted By Right 3. Miscellaneous Uses Wind Energy System, Small SEC. 30 -45. - R -3 MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT. Sec. 30 -45 -2. - Permitted Uses. (B) Special Use Permit 4. Miscellaneous Uses Wind Energy System, Small SEC. 30 -46. - R -4 HIGH DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT. Sec. 30 -46 -2. - Permitted Uses. (B) Special Use Permit 4. Miscellaneous Uses Wind Energy System, Small SEC. 30 -61. - I -1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -61 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Page 4 of 9 Wind Energy System, Small SEC. 30-62.-1-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -62 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small SEC. 30 -71. - EXPLORE PARK DISTRICT. Sec. 30 -71 -3. - Permitted Uses. Wind Energy System, Small (D) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design stare dards, for those specific uses. 1. Miscellaneous Uses Wind Energy System, Small Article IV —Use and Design Standards SECTION 30 -87 -6. Wind Energy System, Small (A) Purpose and Intent: The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources. The requirements set forth in this section shall govern the sitting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws or serve as an independent source of energy. (B) General Standards: 1. Type of Tower: The tower component of any small wind energy system shall be one that is recommended and certified by the manufacturer. 2. Tower Color: Small wind energy system towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The zoning administrator may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness. A photo simulation may be required by the zoning administrator. Page 5of9 3. System Height: (a) System height is defined as the vertical distance measured from average grade at the base of the tower or other supporting structure, whether mounted on the ground or on a rooftop, to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. Parcel Size (Acres) Maximum System Height Up to 1.00 80 feet Greater than 1.00 100 feet (b) A small wind energy system may exceed the height limitations listed in this section if a special use permit has been obtained by the property owner. (c) The applicant shall provide evidence that the proposed height of the small wind energy system does not exceed the height recommended by the manufacturer or distributor of the system. 4. Setbacks: The small wind energy system shall beset back a distance at least equal to one hundred ten percent (110 %) of the height of the wind energy system from all property lines, and roadways. The setbacks for a small wind energy system may be reduced if a special use permit has been obtained by the property owner. Setbacks established in this section or through a special use permit shall supersede any other setback requirement in the zoning ordinance. S. Ground Clearance /Safety: The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 20 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be twenty (20)feet above the height of any structure within one hundred fifty (150) feet of the base. The supporting tower shall also be enclosed with a 6-foot tall fence or the base of the tower shall not be climbable for a distance of 12 feet. 6. Number of Towers: More than one tower may be permitted on an individual piece of property provided that all setback requirements have been met. 7. Noise: The wind energy system shall not exceed 60 decibels (dBA), as measured at the closest property line, except during short -term events such as severe windstorms. 8. Liah : No lighting shall be incorporated on the tower or wind turbine unless required by the Federal Aviation Administration (FAA) or other appropriate authority. 9. Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows: (a) Manufacturer's or installer's identification on the wind turbine, and (b) Appropriate warning signs and placards. 10. Speed Controls: A small wind energy system shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the small wind energy system. 11. Electric Utility Notification: The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer -owned electricity generator, unless the applicant intends, Page 6of9 and so states on the application, that the system will not be connected to the electricity grid. 12. Use: A small wind energy system shall be considered an accessory use. The applicant shall provide information demonstrating that the small wind energy system will be used primarily to reduce on -site consumption of electricity. 13. Wind Monitoring or Temporary Meteorological Towers: Small wind energy systems shall comply with the following: (a) A wind monitoring meteorological tower with an anemometer and other wind measuring devices may be installed with the issuance of a zoning permit for the purpose of monitoring wind and other environmental conditions relevant to sitting wind energy systems and used to determine how much wind power a site can be expected to generate. The zoning permit shall be valid for a period of one year. (b) No wind monitoring meteorological tower for small wind energy systems may rise more than the allowable height of the proposed small wind energy system and shall meet the setback requirements in Sec. 30- 87 -6(B)4 of this ordinance. 14. Removal of Defective or Abandoned Small Wind Enerav Systems: (a) Each year following the issuance of a zoning permit for a small wind energy system, the owner of such small wind energy system shall submit to the Zoning Administrator an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this ordinance and other applicable regulations. Failure to submit required documentation shall result in the Zoning Administrator considering the small wind energy system abandoned. The owner of the small wind energy system shall remove the small wind energy system within ninety (90) days of receipt of notice from the County instructing the owner to remove the abandoned small wind energy system. (b) Any small wind energy system and micro wind energy system found to be unsafe or inoperable by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within ninety (90) days. 15. Compliance with Other Regulations: Small wind energy systems shall comply with all applicable local, state and federal regulations. SECTION 30 -88. Accessory Uses and Structures (A) As defined in section 30 -28, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accord with the intent and provisions of this ordinance. Sec. 30 -88 -1. Accessory Uses: Agricultural Use Types. (A) Agricultural use types may include the following accessory uses, activities or structures on the same site or lot: Page 7of9 5. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30 -88 -2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: B. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30 -88 -3. Accessory Uses: Civic Use Types. (A) Civic use types may include the following accessory uses, activities or structures on the same site or lot: 7. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30 -88 -4. Accessory Uses: Office Use Types. (A) Office use types may include the following accessory uses, activities or structures on the same site or lot: 7. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30 -88 -5. Accessory Uses: Commercial Use Types. (A) Commercial use types may include the following accessory uses, activities or structures on the same site or lot: 6. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30 -88 -6. Accessory Uses: Industrial Use Types. (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: Page 8of9 9. Micro wind energy systems that project no more than I5 feet above the highest point on the structure and complies with the height requirement of the zoning district 2. That these amendments shall be in full force and effective from and after the date of their adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: Supervisor Elswick 111 " 944 cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Page 9of9