HomeMy WebLinkAbout1/27/2004 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
RESOLUTION 012704-1 ENDORSING AND ADOPTING THE OZONE
EARLY ACTION PLAN FOR THE ROANOKE VALLEY AREA
WHEREAS, clean air is essential for quality of life, economic development and
general public well-being of the Roanoke Valley Area; and,
WHEREAS, the United States Environmental Protection Agency (EPA)
established a revised 8 -hour ozone standard in 1997 that was set at 0.085 parts per
million (ppm), averaged over a three-year period; and,
WHEREAS, the ozone monitoring station in the Roanoke area (in the Town of
Vinton) currently has a design value of 0.085 ppm that would qualify the area for the
designation of non -attainment area for ozone under the Clean Air Act (CAA) of 1990;
and,
WHEREAS, the EPA has developed and endorsed the air quality planning
concept of Early Action Compacts, where an area that marginally exceeds the ozone
standard can enter into a voluntary agreement with state and federal governments to
develop and implement an Early Action Plan to proactively reduce ozone levels and
come into compliance with the standard; and,
WHEREAS, elected officials, representing the Cities of Roanoke and Salem, the
Counties of Botetourt and Roanoke and the Town of Vinton, acting through the
Roanoke Valley Area Metropolitan Planning Organization (MPO) entered into an Ozone
Early Action Compact with the Virginia Department of Environmental Quality (VDEQ)
and the Federal Environmental Protection Agency (EPA) in December 2002; and,
WHEREAS, the Ozone Early Action Compact authorized the establishment of an
Early Action Plan Task Force and the development of a regional Early Action Plan
consisting of local, state and national strategies to bring the Roanoke Valley Area into
attainment with the 8 -hour Ozone standard by 2007; and,
WHEREAS, in response, the Early Action Plan Task Force has developed and
submitted a Early Action Plan for consideration and adoption by the localities that have
entered into the Early Action Compact; and,
WHEREAS, the Early Action Plan contains specific commitments and
responsibilities to be undertaken by the localities that have entered into the Early Action
Compact; and,
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WHEREAS, technical analyses conducted by VDEQ and EPA indicate that air
quality is expected to improve in the Roanoke Valley area by 2007; and,
WHEREAS, the Board of Supervisors of Roanoke County is fully committed to
fulfill these specific commitments and responsibilities under the Ozone Early Action
Plan; and,
WHEREAS, furthermore, the Board of Supervisors is fully committed to the
regional cooperation and coordination necessary to bring the area into attainment, as
measured by the regional Ozone monitor, for the 8 -hour Ozone standard in 2007.
NOW, THEREFORE, BE IT RESOLVED, that on this 27th day of January, 2004,
the Board of Supervisors of Roanoke County, Virginia, officially approves and endorses
the regional Ozone Early Action Plan (EAP), and is committed to its implementation and
success.
AND BE IT FURTHER RESOLVED, that a signed copy of this resolution of
commitment from Roanoke County will be sent to the Director of the Virginia
Department of Environmental Quality for processing and inclusion into the official State
Implementation Plan, which once approved by EPA will make these commitments and
responsibilities federally enforceable.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE: J
Q_k�T
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Robert Burnley, Director, Virginia Department of Environmental Quality
Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional
Commission
Arnold Covey, Director, Community Development
Anne Marie Green, Director, General Services
Jim Vodnik, Assistant Director, General Services
Paul Mahoney, County Attorney
I hereby certify that the foregoing is a true and correct copy of Resolution 012704-1 adopted by the
Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, January 27, 2004.
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
ORDINANCE 012704-2 AUTHORIZING THE QUITCLAIM AND
RELEASE OF ROANOKE COUNTY'S INTEREST IN A PORTION OF
THE "OLD BUSHDALE ROAD" PURSUANT TO AN AGREEMENT
WITH ELGA DRAPER AND LURA DRAPER, VINTON MAGISTERIAL
DISTRICT
WHEREAS, Bushdale Road was placed on the Rural Addition Priority List for
upgrade for future State maintenance, with road construction being provided by VDOT
through Rural Addition Funds and the cost associated with engineering and right-of-way
acquisition being funded by Roanoke County; and
WHEREAS, the donation of all right, title and interest in Bushdale Road by Elga
Draper and Lura Draper was contingent upon Roanoke County's agreement to quitclaim
and release the "old Bushdale Road section" to the Drapers once the project was
complete and staff had determined that this portion of Bushdale Road was no longer
required for any public purpose; and
WHEREAS, the Bushdale Road project is complete and this road has been
accepted by VDOT as part of the State Secondary System; and
WHEREAS, County staff has determined that the "old Bushdale Road section" is
no longer required for any public purpose and can be quitclaimed and released
pursuant to the agreement between Roanoke County and the Drapers.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1
I . That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on January 13, 2004, and the
second reading was held on January 27, 2004; and,
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are no longer needed for
any public purpose; and
3. That quit -claim and release to Jeffrey A. Dorsett and Stephanie R. Dorsett
of that portion of the "old Bushdale Road section," adjacent to Tax Map No. 79.003-4-36
as shown on the attached map prepared by Balzer and Associates dated November 28,
2003, and attached hereto as Exhibit A, is hereby authorized.
4. That quit -claim and release to the heirs of Elga Draper and Lura Draper of
the remaining portion of the "old Bushdale Road section," adjacent to Tax Map No.
79.03-4-35.1 as shown on the attached map prepared by Balzer and Associates dated
November 28, 2003, and attached hereto as Exhibit A, is hereby authorized.
5. That the County Administrator, or an 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.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
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AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Vickie Huffman, Senior Assistant County Attorney
William Driver, Director, Real Estate Valuation
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
3
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Exhibit B
e
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
ORDINANCE 012704-3 AMENDING CHAPTER 20. SOLID WASTE OF
THE ROANOKE COUNTY TO PROVIDE REVISED DEFINITIONS AND
REVISED PROVISIONS FOR COLLECTION OF SOLID WASTE FROM
RESIDENTIAL AND COMMERCIAL CUSTOMERS
WHEREAS, the current solid waste ordinance for Roanoke County was adopted
in 1994, and with the passage of time numerous changes to this ordinance are
necessary to reflect changed circumstances in the collection of solid waste; and
WHEREAS, certain change are needed to improve the safety, efficiency and cost
effectiveness of the service; and
WHEREAS, the first reading of this ordinance was held on January 13, 2004, and
the second hearing was held on January 27, 2004.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 20. Solid Waste of the Roanoke County Code is hereby
amended to read and provide as follows:
ARTICLE I.
IN GENERAL
Sec. 20-1. Definitions.
The following words and terms, as used in this chapter, shall have the meanings
ascribed to them in this section:
Automated collection: A mechanical method of garbage collection utilizing a
vehicle equipped with a hydraulic arm that empties special containers provided by the
Cou nty.
Brush collection: Curbside collection of brush, small tree limbs, and other
arboreal materials from residential customers.
Bulk collection: Manual curbside collection from residential customers of
appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and
grass, boxes, four (4) unmounted tires and other permissible household items too large
or heavy for garbage cans.
Commercial collection: Roanoke County's limited curbside collection of garbage
placed in approved containers, generated by licensed business establishments,
including 3-5 family rental properties, 1-5 unit retail complexes, churches and church -
run daycares.
Construction/ demolition waste: Any structural waste material produced in the
construction, remodeling, repair, or demolition of buildings, homes, industrial plants,
pavements and structures including but not limited to, lumber, concrete, asphalt
pavement, roofing tile, plaster board, piping and all other similar items.
Contractor/Commercial waste: Waste material, including construction/demolition
waste, resulting from work performed under contract for consideration. This includes,
but is not limited to, trimming, yard maintenance and remodeling or other home repair.
Curbside collection: The collection of solid waste that has been placed no
farther than five (5) feet from a curb or edge of a qualified road.
Curbside recycle collection: Curbside collection of recyclable materials derived
from residential customers.
Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land
clearing operations.
Free loader: Dumpster-style trailer which may be reserved by Roanoke County
residential customers for one weekday or one weekend.
Garbage: Solid and semi-solid items including discarded food wastes, wastes
likely to decompose, bottles, waste paper, cans and clothing.
Hazardous waste: "Hazardous substances" as defined by the Virginia
Hazardous Management Waste Regulation; posing a danger to human health, harm to
the environment, including but not limited to oil-based paint, insecticides, herbicides,
poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline.
Household waste: Non -hazardous material, including garbage and trash, derived
from households.
el
2
Industrial waste: Any solid waste generated by manufacturing or industrial
process that is not a regulated hazardous waste.
Manual collection: Removal of solid waste materials at the curb by personnel as
distinguished from automated collection.
Physically -challenged service: Refuse pickup at the house for citizens who are
physician -certified as unable to transport garbage to the street.
Private road: A road not in the primary or secondary system. See also "Qualified
Road" below.
Premium garbage collection: Optional pickup of garbage from a residential
customer for a fee.
Residential customers: County residents living in single-family homes including
individually -owned townhouses duplexes, single lot mobile homes and condominiums,
Residential collection: Garbage, bulk and brush collection from residential
customer's dwellings.
Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin,
auto batteries, motor oil.
Qualified road: A road in the primary or secondary system of highways in the
Commonwealth of Virginia. This term also includes private roads meeting specific
County prescribed conditions, as noted in Section 20-23 below.
Seasonal collection: Collection of Christmas trees and bagged leaves, during
applicable times of the year.
Solid waste: Solid and semi-solid materials including household garbage, yard
waste, brush, bulk household waste, unmounted tires and other permissible discarded,
non -hazardous materials.
Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings,
bagged leaves.
Sec. 20-2. Reserved.
Secs. 20-3--20-20. Reserved.
ARTICLE II.
6
3
COLLECTION BY COUNTY
Sec. 20-21. Article not applicable to Town of Vinton.
This article shall not apply to residents or commercial or industrial establishments
of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the
county, since the council for the town has provided for solid waste collection for the
residents of the town.
Sec. 20-22. Responsibility of county administrator under article.
The administration of this article, including the establishment of a budget for
providing effective solid waste collection service; the hiring of all employees necessary
for providing such service; the billing of persons receiving such service; and all other
matters related thereto shall be the responsibility of the county administrator; provided,
that all matters pertaining to the establishment of an annual budget and the
establishment of collection rates and charges shall be approved by the board of
supervisors.
Sec. 20-23. Right to, and application for, service.
All county residents shall be entitled to receive solid waste collection service
consistent with the provisions of this article, subject to the determination of the county
administrator, or his designee, regarding the economic feasibility of providing such
service to any particular location subject to the provisions of this chapter and the
policies of the board of supervisors. Any person desiring such service shall make
application through the office of general services. R Arrangements for payment, if
required, shall be made at the time of application.
Solid waste collection service shall be provided to County residents from and along a
qualified road. This service may be provided from and along a private road under the
following conditions: (i) there are at least three homes on the road, (ii) the county has
written permission from all owners to be on the road, the owner/s assume the risk of any
damage to the private road arising from the provision of such service by the county, and
(iii) the Director of General Services has approved the collection. This approval shall be
based on the feasibility and safety of operating refuse collection vehicles on the private
road.
Sec. 20-24. Specific collection categories.
Roanoke County shall provide weekly curbside garbage collection of household
waste at no charge to all residential customers, meeting requirements of this chapter, in
Roanoke County. To receive curbside collection, the following general rules must be
followed:
• All containers placed within five (5) feet of the curb line of a qualified road by 7:00
a.m. of the scheduled collection day.
• In R-1, R-2, R-3 and AV zoning districts, containers shall be removed from the
public street right-of-way no later than 7:00 a.m. of the day following the
scheduled collection day.
• No dead animals, hazardous material, automobile parts, ashes, liquids, debris,
rocks, or construction waste, contractor/commercial waste, or any other material
deemed unsafe for collection shall be placed in the containers for collection.
• Sharps and needles must be sealed in proper needle disposal containers or
other heavy, capped plastic containers, such as detergent bottles, milk jugs or
soft drink bottles.
• Pet feces must be double bagged before being placed in containers for
collection.
• Latex paint may be placed in containers after it has completely solidified.
Specific Rules Pertaining to Automated Collection
All residential customers within the automated service area will receive one
automated container. Weekly collection will only be for household waste, garbage and
yard waste placed within the container. The containers are assigned to the structure,
not to the occupants. Those households with six (6) or more occupants will be entitled
to one additional automated container. No more than two (2) containers per residential
customer will be allowed. When set to the curb line, each container must have at least
five (5) feet of clearance on all sides.
• The replacement fee for a container shall be established by the Solid Waste
Manager subject to the approval of the County Administrator.
• Residents may be charged for repairs or replacement of containers, if the loss or
damage is due to negligence of the customer as determined by the Solid Waste
Manager.
Physically -Challenged Collection
Backyard household waste collection will be provided to residential customers
when everyone living in the structure is disabled or handicapped and unable to transport
the refuse to the curb. A Physician's certification of handicaps or disabilities is required
for all individuals residing in the household. Physically -challenged residents will be
required to renew this certification on an annual basis. The following additional criteria
apply:
• Customers receiving this service are limited to one container.
• Customers will be subject to all automated guidelines except placing container at
curb.
5
• All materials placed in containers for collection must be bagged.
• Container weight is limited to 30 lbs.
• This service is not available for bulk and brush collection.
Premium Garbage Collection
Optional backyard service may be available to residential customers for
household waste only by application. The charge for premium backyard collection will
be a minimum of fifteen dollars ($15.00) per month and will include service up to one
hundred (100) feet from the curbside pickup location. For each additional one hundred
(100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed.
The premium refuse collection charges shall be paid in advance on a quarterly basis.
The following additional criteria apply:
• Customers receiving this service are limited to one container.
• Customers will be subject to all automated guidelines except placing container at
curb.
• All materials placed in containers for collection must be bagged.
• Container weight is limited to 30 lbs.
• This service is not available for bulk and brush collection.
• A non-refundable application fee in the amount of twenty dollars ($20.00) shall be
made in advance together with proper application forms from the Solid Waste
Division of General Services.
Commercial Collection
Roanoke County shall provide free, weekly, curbside collection of garbage to
licensed commercial establishments (including churches and church -run daycares),
generating not more than three (3) County provided automated containers per week.
This service will be provided by application only through the office of General Services.
The County will not provide collection to any apartment office, or retail complexes of
more than five (5) commercial establishments or to mobile home parks of any size.
The County will provide licensed commercial establishments one (1) container at
no cost; the commercial establishment may purchase two (2) additional containers.
Commercial establishments generating over three hundred (300) gallons of
refuse per week are required to secure private collection. The following conditions
apply to Commercial Collection:
• Commercial customers within the automated service area will be subject to the
rules pertaining to standard automated collection and all County solid waste
rules.
6
• Bulk/brush or bagged leaf collection is not available to commercial customers
Non -Resident Collection:
Roanoke County may, at its option, provide weekly garbage collection to nearby,
non -county residents upon application and approval. A monthly fee of twenty dollars
($20) will be required. These customers are allowed only one container and they will be
required to pay a monthly rental fee of $1.00 for the use of the container. Non -Roanoke
County residents are not eligible for bulk/brush collection.
Condominium and Townhouse Development Collection
Roanoke County shall provide once weekly pickup by an automated vehicle to
residential customers residing in owner -occupied condominium and townhouse
developments. The method of collection shall be consistent with the collection service
received by other residential customers.
General
Debris waste will not be collected under any circumstances.
• Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be
collected.
• Solid waste contaminated with hazardous wastes will not be collected nor
handled by County personnel.
Sec. 20-25. Supplemental collection service.
Brush Collection
The County provides free brush collection every other week to residential
customers. Brush or other yard waste collection service will not be provided to
commercial or non -Roanoke County residential customers. It will be the responsibility of
premium and physically -challenged customers to place any brush items at the curb for
collection. Brush must be placed as close as possible to the curb line or road and five
(5) feet away from any horizontal obstruction and have overhead clearance, such that
the operation of the equipment is not impaired or restricted. Such placement shall be
made no earlier than the Saturday preceding the scheduled collection and no later than
7:00 a.m. of the day scheduled collection date.
• Brush resulting from normal property maintenance, may not exceed six (6) feet in
length or six (6) inches in diameter. Debris waste and tree stumps will not be
collected pursuant to this section. The cuttings and limbs must be placed in a pile
not to exceed six (6) by six (6) by six (6) feet in size.
• Brush cuttings and tree limbs resulting from commercial tree trimming operations
(contractor/commercial waste) will not be collected.
7
• Brush resulting from land -clearing will not be collected.
Yard Waste
Residential customers may place small quantities of yard waste in their County -
provided containers on their regularly -scheduled collection day. Excess quantities of
yard waste must be placed in disposable containers, to include but not be limited to,
plastic or paper bags or cardboard boxes and adjacent to the road or curb line for
scheduled bulk collection. The disposable containers must be of substantial
construction and shall not weigh more than fifty (50) pounds when full. The
containerized clippings must be separate from any other bulk or brush items set out for
collection.
Seasonal Collections
For a six (6) week period, usually beginning with the first Monday in November, bagged
leaves will be collected on a weekly basis from all residential customers. The county will
not provide vacuum service for the collection of leaves.
• Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and
may not exceed fifty (50) pounds per bag.
• Christmas trees will be collected separately from other yard waste during a one-
week period in January. Trees must be placed within five (5) feet of the curb with
all decorations removed so they may be safely mulched.
Notice will be provided as to exact collection dates for these services.
General
Materials resulting from land -clearing operations or commercial yard waste
management operations will not be collected pursuant to this section. It will be the
responsibility of the contractor or owner to properly dispose of any such materials.
Bulk Collection
The County provides free collection of bulk items every other week to residential
customers. Bulk collection service will not be provided to any commercial customers. It
will be the responsibility of premium and backyard service customers to place any bulk
items adjacent to the qualified road or curb line for collection. The bulk items must be
placed as close as possible to the curb line or road and five (5) feet away from any
obstruction. The items must be completely clear of any overhanging wires or branches,
in order to be collected. Such placement shall be made no earlier than the Saturday
preceding scheduled collection and no later than 7:00 a.m. the day of collection.
• Pursuant to Section 20-1, bulk collection items will be defined as household
waste too large or heavy to fit into the automated containers.
• Residential customers can place no more than a pickup truck size load of bulk for
pickup. If it is necessary for the materials to be containerized, the container must
be of a disposable nature.
• Bulk items include materials resulting from normal household activity, including
but not limited to, items such as appliances, furniture, four (4) un -mounted tires,
pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard
moving boxes or other trash resulting from moving.
• Any material that may be wind blown must be bagged. Any glass items, such as
mirrors, windows or shower doors, must be taped and bagged.
Excluded items: All prohibited waste, such as construction waste, debris
waste, hazardous materials, animal carcasses, automobile parts, propane tanks and
riding lawnmowers will be the responsibility of the owner or contractor to properly
dispose of.
Additional Disposal Services
County residential customers are entitled to the use of a 14 -foot "freeloader" at
no charge on a "first come, first serve" basis. The freeloader must be scheduled in
advance and is to be used during spring cleaning, basement or attic cleaning, or major
yard work projects. Use of the freeloader is governed by the following criteria:
• Residential customers may reserve the freeloaders no more than four (4)
times a year.
• Materials may only be hand loaded (not mechanically) onto the trailer.
• Small items or any material susceptible to wind must be containerized in
some manner, such as bags or boxes.
• The freeloader will be delivered only to occupied residential homes.
Homes currently under construction are not eligible to receive the
freeloader. The freeloader will only be delivered to a safe and easily
accessible location determined by Solid Waste staff.
• The resident must be home to accept delivery of the freeloader to sign a
release liability form.
• No hazardous materials, debris waste or construction waste shall be
placed in freeloader.
• Permissible items include brush, bulk and yard waste pursuant to Section
20-1.
• Prior to removal the loads will be inspected and the resident will be
required to remove non -approved materials.
9
County residential customers are entitled to haul one pickup truck load of non-
hazardous household material directly to the Tinker Creek Transfer Station per week.
The truck may be no larger than one (1) ton and must have a Roanoke County decal.
This service is for residential customers only. Roofing shingles are not included in this
program. This service is at no cost to County residential customers.
Sec. 20-26. Penalties
Any violation of the provisions of Article II. shall be punishable as a Class 3
misdemeanor. In addition, collection service by the County may be discontinued until
the violation is abated or corrected.
2. The effective date of this ordinance shall be January 27, 2004.
On motion of Supervisor Altizer to adopt the ordinance after deletion of the
provision for providing dumpster service, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTS:
_4uaaa 4��
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
6
10
cc: File
Circuit Court
Clifford R. Weckstein, Judge
William Broadhurst, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
James R. Swanson, Judge
Charles N. Dorsey, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Francis W. Burkart, III, Judge
Theresa A. Childress, Clerk
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Jill Loope, Assistant Director, Economic Development
Gary Robertson, Director, Utility
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver, Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
ORDINANCE 012704-4 TO VACATE, QUIT -CLAIM AND RELEASE A
PORTION OF A 20' ACCESS EASEMENT AND TO ACCEPT IN
EXCHANGE A RELOCATED NEW PORTION OF A 20' ACCESS
EASEMENT ACROSS LOTS 1 AND 2, SECTION NO. 5, "THE
GROVES", (TAX MAP NOS. 96.07-9-18 AND 96.07-9-19), OWNED BY
BOONE, BOONE & LOEB, INC., TO THE GROVES SEWER LIFT
STATION IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, by Deed dated July 16, 2001, Palm Land Company, L.C., conveyed
to the Board of Supervisors of Roanoke County, Virginia, a .400 -acre pump station lot,
designated on the Roanoke County Land Records as Tax Map #96.07-99-1, together
with a 20' access easement across Lots 1 and 2, Section No. 5, The Groves, for
ingress, egress and regress to and from said lot; and,
WHEREAS, Boone, Boone & Loeb, Inc., is the current owner of Lots 1 and 2,
and has determined that the location of said 20' access easement renders Lot 2 virtually
unusable for residential construction; and,
WHEREAS, Boone, Boone & Loeb, Inc., has proposed an acceptable alternative
location for a portion of the 20' access easement (Exhibit B) and has requested that the
Board of Supervisors authorize a portion of the former access easement (Exhibit A) to
be quit -claimed and released; and,
WHEREAS, the relocation is to be accomplished without cost to the County and
meets the requirements of the Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
1
ordinance. A first reading of this ordinance was held on January 13, 2004; and a
second reading on January 27, 2004; and
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portion of easement) is hereby declared to be
surplus and the nature of the interest in real estate renders it unavailable for other public
uses; and
3. That, conditioned upon the exchange as hereinafter provided, vacation,
quit -claim and release of the "PORTION OF EXISTING 20' ACCESS EASEMENT
HEREBY VACATED" as shown hatched on Exhibit A attached hereto, across Lots 1
and 2, Section No. 5, "The Groves", (Tax Map Nos. 96.07-9-18 and 96.07-9-19), owned
by Boone, Boone & Loeb, Inc., is hereby authorized and approved; and,
4. That, in exchange, acquisition and acceptance of a "NEW 20' ACCESS
EASEMENT" as shown on Exhibit B attached hereto, for purposes of ingress, egress
and regress across Lots 1 and 2, Section No. 5, "The Groves", to and from the Pump
Station lot (Tax Map No. 96.07-99-1) is hereby authorized and approved; and, 5.
That, as a condition to the adoption of this ordinance, all costs and expenses
associated herewith, including but not limited to, recordation fees, survey costs, and
relocation of the access drive, shall be the responsibility of the petitioners, Boone,
Boone & Loeb, Inc., or their successors or assigns; and,
6. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of which shall be on form
approved by the County Attorney.
7. That this ordinance shall be effective on the date of its adoption.
2
On motion of Supervisor Wray to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
hereby certify that the foregoing is a true and correct copy of Ordinance 012704-4
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, January 27, 2004.
Brenda J. Holton, CMC
Deputy Clerk to the Board of Supervisors
cc: File
Gary Robertson, Director, Utility
Arnold Covey, Directory, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
3
40 14-3
u� <p.6, 21�
TT �R,IVE EX W.L.E.' g0.00 2X.15 P• •-�
�LvEo � x341'41 '' / M'e•L- �p6. 1211 PG.
103•p5 34 / --- --- --• '--
41'41" EX. 20' W.L.E. & S.S.E.
N 83. i (D.B. 1412, PG. PG. 15, PG. 150)
EX. 50'AST TENNESSEE
7 s NATURAL GAS CO. EASEMENT
EX. 20' ACCE�S CPI LOT 2\ D.B. 769, PG. 55
�o -
EASEMENT °` \ " D.B. 772, PG. 457
P.B. 17, PG. 101
r EX. 20' S.S.E. -"- u,
P.B. 17, PG. 89--- p EX. D.E.
\
/ 6 2 rns P.B. 21, PG,
LOT 1 cp. 1
<G�sF9s PORTION 0 EXIS77NG °.
o� y 5 20' ACCESS EASEMENT c�
If, \ 1 HEREBY VACATED , ,LOT 3
y 9 9sy��o.
,A Q
c��
b z G �� Ci 15' P.U.E. & PVT
.
N A <�� ° WALKING EA EMENT IL $
" A G� �y°A , P.B. 21, PG. 40)
rnP
g5 A TAX #96.07-99-1 \
EXISTING 20' ACCESS
EASEMENT TO BE VACATED
CORNERI
BEARING
DISTANCE
1-2
S 24'28'09" E
8.58'
2-3
S 33'06'52" E
131.01'
3-4
S 72'13'53" W
20.74'
4-5
N 33'06'52" W
127.03'
5-6
N 24'28'09" W
10.09'
6-1
N 65'31'51" E
1 20.00'
AREA = 2,767 S.F.
PROPERTY OF
5��~�/\ PALM LAND COMPANY, L.C.
\ \ STATION MP
T
CURVE DATA
CURVE
RADIUS LENGTH
I TANGENT I CHORD
I BEARING DELTA
Cl
52.00' 7.19'
1 3.60' 7.19'
IS 1819'26` E 07'55'33"
NOTES:
1. THE PURPOSE OF THIS PLAT IS TO VACATE A PORTION OF AN EXISTING 20' ACCESS EASEMENT ACROSS
LOTS 1 AND 2, SECTION No.5, THE GROVES, PLAT BOOK 17, PAGE 40 AND DOES NOT CONSTITUTE A
BOUNDARY SURVEY.
2. AREA BOUNDED BY CORNERS 1 THRU 6 TO 1, INCLUSIVE IS HEREBY VACATED.
3. THIS PLAT IS FROM RECORDS AND IS NOT BASED ON AN ACTUAL FIELD. SURVEY.
LTH OF PLAT SHOWING
c,A p PORTION OF EXIS77NG
o�A�t,• Si 2003 f�c, 20' ACCESS EASEMENT
TIMOTH �� TO BE VACATED
L CROSSING LOTS i & 2, SECTION No. 5
"THE GROVES", P.B. 21, PG. 40 EXHIBIT
SITUATED ALONG M.ONET DRIVE � 11 n �'
t wog
CAVE SPRING' MAGISTERIAL DISTRICT
.ROANOKE COUNTY, VIRGINIA
DATE: AUGUST 5, 2003 LUMSDEN ASSOCIATES, P.C.
SCALE, ENGINEERS -SURVEYORS -PLANNERS
1 -40
COMM. NO.:ME ROANOKE, VIRGINIA
1996-408 4664 BRAMBLETON AVENUE PHONE: (540) 774-4411
I Pr) Rr)y i rF.9 FAX- (54n) 777-9445
�t�+�• 'D�Iv � EX� W 4� �P� g0'p0 �X. 15-� ''" I �, PG 40�
50!
103.05—
CA n_ EX. 20' W.L.E. & S 15,PG. 150)
1412, PG. 364 & P.B.— —
s N 0 EX. 50' €AST TENNESSEE
r'rn 3 LOT 2 NATURAL GAS CO. EASEMENT
t0' EX. 20' ACCE�S o'- \ D.B. 769, PG. 55
EASEMENT \ D.B. 772, PG. 457
P.B. 17, PG. 101 f —
EX. 20' S.S.E. A �. N
PG. 89--- + EX. D.E.
P.B. 17, + ++ �.c 0 i P.B. 21, PG. 40
LOT 1 \ + *` \' G,.�n
o. rn
\+ + �` , 1
+++ ++ NEW 20' ACCESS \;ANus LOT 3
s EASEMENT9 v
CENTERLINE
NEW 20' ACCESS EASEMENT
-9 �n
++ ++
BEARING
Z
Gy
+ +++
10.00' TIE
A -B
S 07'31'33" E
15' P.U.E. & PVT,
WALKING TRAIL + + + \
B -C
S 09'55'27" E
15.08 CH.
EASEMENT + + ,
P.B. 21, PG. 40)
+++ +
87.26'
Lo
0
38'41'01"
C1
5200'
+ + + Nt
\
S 1819'26" E
07'55'33"
9
\
TAp O96.07
PERTY F-1
\
S'I`��3 PALM LAND COMPANY, L.C.
\
EX. PUMP
STATION LOT
/\
i
CENTERLINE
NEW 20' ACCESS EASEMENT
CORNER
BEARING
DISTANCE
1-A
S 65'31'51" W
10.00' TIE
A -B
S 07'31'33" E
34.96' CH.
B -C
S 09'55'27" E
15.08 CH.
C -D
S 2915'59" E
87.26'
AREA = 2,738 S.F.
38'41'01"
DATEi
6
SCALE%
0
COMM. NO.,
` CURVE DATA
CORNER
RADIUS
LENGTH TANGENT
CHORD
BEARING
DELTA
A -B
59.98'
35.48' 18.27'
34.96'
S 07'31'33" E
3353'12"
B -C
22.77'
15.37' 7.99'
15.08'
S 09'55'27" E
38'41'01"
C1
5200'
7.19' 3.60'
7.19'
S 1819'26" E
07'55'33"
NOTES:
1. THE PURPOSE OF THIS PLAT IS TO CREATE A NEW 20' ACCESS
EASEMENT TO THE PUMP STATION LOT AND DOES NOT CONSTITUTE
A BOUNDARY SURVEY.
2. NOT ALL PHYSICAL IMPROVEMENTS TO THE PROPERTY
ARE SHOWN HEREON.
PLAT SHOWING NEW
20' ACCESS EASEMENT
BEING GRANTED BY
PALM LAND COMPANY, L.C.
CROSSING LOTS 1 & 2, SEC77ON No: 5 EXHIBIT
THE GROVES��, P.B. 21, PG. 40
SITUATED ALONG MONET DRIVE �� r
CAVE SPRING MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
AUGUST 5, 2003 LUMSDEN ASSOCIATES, P.C.
ENGINEERS -SURVEYORS -PLANNERS
1°=a°' Im ROANOKE, VIRGINIA
1996-408 .4664 BRAMBLETON AVENUE PHONE: (540) 774-4411
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
ORDINANCE 012704-5 AMENDING THE ROANOKE COUNTY CODE BY
THE AMENDMENT OF SECTION 2-7. REIMBURSEMENT OF EXPENSES
INCURRED FOR EMERGENCY RESPONSE
WHEREAS, the Board of Supervisors of Roanoke County adopted Ordinance No.
031202-6 amending the Roanoke County Code by the adoption of a new Section 2.7
"Reimbursement of expenses incurred for emergency response to accidents or incidents
caused by driving while impaired" providing the County with an opportunity to recover its
reasonable expenses in providing an appropriate emergency response to such accidents
or incidents. This ordinance was authorized by Section 15.2-1716 of the Code of Virginia;
and
WHEREAS, the 2003 session of the Virginia General expanded Section 15.2-1716
of the Code of Virginia to also include reckless driving, driving without a license, and
leaving the scene of an accident; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby finds that
the amendment of Section 2.7 to include several of these violations of State Code is in the
public interest; and
WHEREAS, the first reading of this ordinance was held on October 14, 2003; and
the second reading was postponed from October 28, 2003, to December 16, 2003, and
then continued to January 27, 2004.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 2-7. Reimbursement of Expenses Incurred for Emergency
Response to Accidents or Incidents Caused by Driving While Impaired be amended to read
and provide as follows:
1 .6
Chapter 2. Administration
Article I. In General
Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents
or Incidents Caused by Driving While Impaired Driving Without a License, and
Leaving the Scene of an Accident.
(a) Any person who is convicted of violation of Section 12-8 of this Code, or of
Sections 18.2-51.4, 18.2-266, or Section 29.1-738 of the Code of Virginia, when his
operation of a motor vehicle, engine, train or water craft is the proximate cause of any
accident or incident resulting in an appropriate emergency response; or of Section 46.2-300
relating to driving with out a license or driving with a suspended or revoked license; or of
Section 46.2-894 relating to improperly leaving the scene of an accident, shall be liable in a
separate civil action to the county, for the reasonable expense thereof, in an amount not to
exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or
incident. In determining the "reasonable expense," the County may bill a flat fee of one
hundred dollars ($100.00) or to the maximum flat fee authorized by Section 15.2-1716 of the
1950 Code of Virginia, as amended, or a minute -by -minute accounting of the actual costs
incurred.
(b) As used in this section, "appropriate emergency response" includes all costs of
providing law-enforcement, firefighting, rescue, and emergency medical services.
(c) The provisions of this section shall not preempt or limit any remedy available to
the commonwealth, the County, or any fire/rescue squad to recover the reasonable expenses
of an emergency response to an accident or incident not involving a violation of any of the
0 2
k.
above mentioned State Code sections as set forth herein.
2. Any expenses recovered shall be deposited into the General Fund and
appropriated annually to the Police Department and the Fire & Rescue Department operating
budgets based upon an estimate of the proportional expenses incurred in responding to such
accidents or incidents.
3. That this ordinance shall be in full force and effect from and after its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
- &4,Ac 0 - k4o-R(�
Brenda J. H61ton, CMC
Deputy Clerk to the Board of Supervisors
3
t
cc: File
Circuit Court
Clifford R. Weckstein, Judge
William Broadhurst, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
James R. Swanson, Judge
Charles N. Dorsey, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Francis W. Burkart, III, Judge
Theresa A. Childress, Clerk
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Magistrates Sherri KrantzJBetty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Jill Loope, Assistant Director, Economic De\elopment
Gary Robertson, Director, Utility
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver, Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
FA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 27, 2004
RESOLUTION 012704-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for January
27, 2004, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 1-8, inclusive, as follows:
1. Approval of minutes - January 13, 2004
2. Confirmation of Committee appointment to the Roanoke Valley-Allegehany
Regional Commission
3. Request to accept grant in the amount of $1,500 from the Department of Motor
Vehicles for uniform police officers to work DUI checkpoints in conjunction with
the National Park Service
4. Request to accept grant in the amount of $3,000 from the Department of Motor
Vehicles for uniform police officers to work DUI checkpoints, Aggressive Driving
Enforcement, Injury Accident Reduction and Safety Belt and Child Seat
Enforcement
5. Request to accept grant in the amount of $39,725 from the Department of
Criminal Justice Services for the funding of the Violent Crimes Against Women
Unit
6. Resolution in support of Chesterfield County's submission to the 2004 Virginia
General Assembly requesting the adoption of legislation allowing any Chartered
County to assess Transportation Impact Fees on new development
7. Request from the schools to appropriate tuition for the Preschool Program
funding in the amount of $79,650 for Fiscal Year 2003-2004
1
8. Request from schools to accept and appropriate Title III, Part A grant funds in
the amount of $21,738.98 for educational programs for students with limited
English proficiency
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Flora to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
2. ivat��
Brenda J. Hol on, CMC
Deputy Clerk to the Board of Supervisors
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
Paul Mahoney, County Attorney
Janet Scheid, Chief Planner
Sharon Sheppard, Preschool Program & Special Education Region Coordinator
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk to School Board
Rebecca Owens, Director, Finance
Joni Poff, Associate Director of English/Instruction/Title I
2
ACTION NO. A -012704-6.a
ITEM NO. J-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Confirmation of committee appointment to the Roanoke Valley -
Alleghany Regional Commission
SUBMITTED BY: Diane S. Childers
Clerk to the Board
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION
At the January 13, 2004 meeting, Supervisor Church nominated Kevin Hutchins,
Treasurer, to fill the unexpired three-year term of Alfred C. Anderson, former Treasurer of
Roanoke County. This term will expire on June 30, 2004.
STAFF RECOMMENDATION:
It is recommended that the above appointment to the Roanoke Valley -Alleghany Regional
Commission be confirmed.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
Roanoke Valley -Alleghany Regional Commission
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
Roanoke Valley -Alleghany Regional Commission
ACTION NO. A -012704-6.b
ITEM NO. J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Request to accept grant in the amount of $1,500 from the
Department of Motor Vehicles for uniform police officers to
work DUI checkpoints in Roanoke County in conjunction with
the National Park Service
SUBMITTED BY:
APPROVED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County Police Department conducts numerous DUI checkpoints per year.
DUI checkpoints provide an effective tool used to strictly enforce DUI violations. The
Virginia Department of Motor Vehicles has provided grant funding for officers working DUI
checkpoints at their overtime rate.
This grant will allow uniform police officers to work DUI checkpoints in conjunction with the
National Park Service on the Blue Ridge Parkway in Roanoke County.
FISCAL IMPACT:
The Department of Motor Vehicles has provided $1,500 in grant funding with no matching
funds required. The grant period is for December 19, 2003.
ALTERNATIVES:
At this time no alternative funding is available. The funding is provided to the Department
with no requirement of matching funds. If accepted these funds should be appropriated to
the Roanoke County Police Department's uniform personnel overtime and FICA accounts.
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Motor Vehicles grant for $1,500.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
ACTION NO. A -12704-6.c
ITEM NO. J-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Request to accept grant in the amount of $3,000 from the
Department of Motor Vehicles for uniform police officers to
work DUI checkpoints, Aggressive Driving Enforcement, Injury
Accident Reduction and Safety Belt and Child Seat
Enforcement
SUBMITTED BY:
APPROVED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County Police Department conducts numerous DUI checkpoints per year.
DUI checkpoints provide an effective tool used to strictly enforce DUI violations. The
Virginia Department of Motor Vehicles has provided grant funding for officers working DUI
checkpoints at their overtime rate. The grant funding will also cover Aggressive Driving
Enforcement, Injury Accident Reduction and Safety and Child Seat Enforcement.
FISCAL IMPACT:
The Department of Motor Vehicles has provided $3,000 in grant funding with no matching
funds required. The grant period runs between December 19, 2003 and January 4, 2004.
ALTERNATIVES:
At this time no alternative funding is available. The funding is provided to the Department
with no requirement of matching funds. If accepted these funds should be appropriated to
the Roanoke County Police Department's uniform personnel overtime and FICA accounts.
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Motor Vehicles grant for $ 3,000.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
ACTION NO. A -012704-6.d
ITEM NO. J-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Request to accept grant in the amount of $39,725 from the
Department of Criminal Justice Services for the funding of the
Violent Crimes Against Women Unit
SUBMITTED BY:
APPROVED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Violent Crimes Against Women Unit consists of a full time detective who is dedicated
to investigating crimes of violence perpetrated against women. The Violent Crimes Against
Women Unit has been in existence since 1997 and has been supported by this grant since
its inception. In 2003, the detective assigned handled approximately 1100 cases of
violence against women. The major areas of investigation are domestic assault, sexual
assaults, stalking, threats, and rape.
FISCAL IMPACT:
The Department of Criminal Justice Services is providing $39,725.00 of grant funding. The
grant requires a match of $13,242.00 from Roanoke County.
ALTERNATIVES:
Without the grant funds, the funding of a full time position for the investigation of crimes of
violence perpetrated against women would not be possible under current budget
constraints.
STAFF RECOMMENDATION:
The staff recommends acceptance of the Department of Criminal Justice Services Grant
for the Roanoke County Police Department Violent Crimes Against Women Unit.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
James Lavinder, Chief of Police
Jimmy Chapman, Grant Administrator, Police Department
Rebecca Owens, Director, Finance
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,
JANUARY 27, 2004
RESOLUTION 012704-6.e IN SUPPORT OF CHESTERFIELD
COUNTY'S SUBMISSION TO THE 2004 VIRGINIA GENERAL
ASSEMBLY REQUESTING THE ADOPTION OF LEGISLATION
ALLOWING ANY CHARTERED COUNTY TO ASSESS
TRANSPORTATION IMPACT FEES ON NEW DEVELOPMENT
WHEREAS, Chesterfield County has adopted a Legislative Program for the 2004
session of the Virginia General Assembly which includes a request to allow any county
granted a charter by the General Assembly to assess transportation impact fees on new
development; and
WHEREAS, Chesterfield County has requested Roanoke County's support for
this legislative proposal since it is one of the few counties in the Commonwealth with a
charter; and
WHEREAS, the adoption of this legislation would enable Roanoke County better
to address the growth pressures it is currently facing.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That it supports Chesterfield County's legislative initiative to amend
Section 15.2-2328 of the 1950 Code of Virginia, as amended, which would allow any
county, granted a charter by the General Assembly to assess transportation impact fees
on new development.
2. That it amends its legislative program by adding this proposal to its 2004
Legislative Program.
3. That the Clerk to the Board of Supervisors is directed to send a certified
1
copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H.
Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker,
Roanoke City Clerk; Forest Jones, Clerk for Salem City Council; Clerk for the Town of
Vinton; and the Roanoke Valley -Alleghany Regional Commission, and the Virginia
Association of Counties.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTS:
&4'6L 9. Ak4AI�
Brenda Holto , CMC
Deputy Clerk to the Board of Supervisors
hereby certify that the foregoing is a true and correct copy of Resolution 012704-6.e
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, January 27, 2004.
Brenda J. Holton, CMC
cc: File Deputy Clerk to the Board of Supervisors
The Honorable John C. Watkins, Virginia Senate
The Honorable John S. Edwards, Virginia Senate
The Honorable Brandon Bell, Virginia Senate
The Honorable H. Morgan Griffith, Virginia House of Delegates
The Honorable Onzlee Ware, Virginia House of Delegates
The Honorable William Fralin, Virginia House of Delegates
Lane B. Ramsey, Chesterfield County Administrator
Mary F. Parker, Clerk, Roanoke City Council
Forest Jones, Clerk, Salem City Council
Carolyn Ross, Clerk, Vinton Town Council
Wayne Strickland, Executive Director,
Roanoke Valley -Alleghany Regional Commission
James D. Campbell, Executive Director, Virginia Association of Counties
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
6
2
ACTION NO. A -012704-6.f
ITEM NO. J-7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Request from schools to appropriate tuition for the Preschool
Program funding in the amount of $79,560 for Fiscal Year
2003-2004
SUBMITTED BY: Sharon K. Sheppard
Special Education Region Coordinator
Preschool Program Coordinator
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Public Schools operates fourteen preschool classrooms. Each school is
licensed through the Department of Social Services to operate as a State Licensed
Preschool Program. Each program provides services for sixteen preschool -aged children.
Eight spots are allotted for students with special needs. The remaining eight spots serve
students enrolled in our Virginia Preschool Initiative and Tuition program.
During this academic year, we are serving tuition students in the following sites: Back
Creek; Bonsack; Burlington; Fort Lewis; Glen Cove; Glenvar Elementary; Mt. Pleasant; and
Mountain View.
The projected budget for the Preschool Program for Fiscal Year 2003-2004 is attached.
FISCAL IMPACT:
The tuition received will offset the operation costs of the program.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends approval of appropriation of funds received for the tuition students.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
Sharon K. Sheppard, Preschool Program &
Special Education Region Coordinator
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk to School Board
Rebecca Owens, Director, Finance
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
Sharon K. Sheppard, Preschool Program &
Special Education Region Coordinator
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk to School Board
Rebecca Owens, Director, Finance
2
L.E.A.P. Program
Projected Budget
For
2003-04
Estimated Annual Revenue:
Estimated Enrollment: 26 children
Weekly Tuition: $85.00
Weeks per Year: 36
Expenditures:
Food:
$
6,000.00
Cell Phones:
$
2,000.00
Land Phones:
$
4,000.00
Inservice:
$
4,000.00
Substitutes:
$
5,000.00
Licenses:
$
600.00
Instructional Materials:
$45,000.00
Allotments:
$
950.00
Materials Fees:
$
400.00
Total Expenditures:
Budget Surplus:
$79,560.00
$67,950.00
$11,610.00
-
ACTION N0. A -012704-6.a
ITEM NO. J-8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 27, 2004
AGENDA ITEM: Request from schools to accept and appropriate Title 111, Part
A grant funds in the amount of $21,738.98 for educational
programs for students with limited English proficiency
SUBMITTED BY: Joni Poff
Associate Director of English/Instruction/Title
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Title III, Part A is a federal grant that supports educational programs for students with
limited English proficiency. This grant allows the district to offer support to students and
their families with the goals of becoming proficient in the reading, writing, listening, and
speaking of English; and to become academically successful in the Virginia Standards of
Learning.
Roanoke County Public Schools filed a Title III grant in consortium with Salem City
Schools. Under this agreement, we will serve as the fiscal agent for Salem City Schools.
Roanoke County Public Schools has been awarded $21,738.98 and Salem City Schools is
receiving $2,231.06.
FISCAL IMPACT:
The tuition received will offset the operation costs of the program.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance of the grant and appropriation of the Title III funds.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
Joni Poff, Associate Director of English/Instruction/Title
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk to School Board
Rebecca Owens, Director, Finance
is
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Altizer
®
❑
❑
Mr. Flora
®
❑
❑
cc: File
Joni Poff, Associate Director of English/Instruction/Title
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk to School Board
Rebecca Owens, Director, Finance
is
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JANUARY 27, 2004
RESOLUTION 012704-7 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Flora to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
j&bf.j4- Q A04,
Brenda J. H Iton, CMC
cc: File Deputy Clerk to the Board of Supervisors
Closed Meeting File
1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,
JANUARY 27, 2004
RESOLUTION 012704-8 CREATING THE WESTERN VIRGINIA WATER AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia ("County')
and the City Council of the City of Roanoke, Virginia ("City") have determined that it is in
the best interests of the Roanoke Valley to create the Western Virginia Water Authority
pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"), and desire to do so by the
adoption of concurrent resolutions, and a public hearing has been held in accordance
with the requirements of Section 15.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. Creation of the Authority. There is hereby created the Western Virginia
Water Authority ("Authority").
2. Articles of Incorporation. The Articles of Incorporation of the Western
Virginia Water Authority are as follows:
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County and the Council of the City
of Roanoke have by concurrent resolution adopted the following Articles of
Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water
and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as
amended) ("Act")
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority and the
address of its principal office is 2012 South Jefferson Street, Suite 200, Roanoke,
Virginia 24014.
ARTICLE If
The names of the incorporating political subdivisions are the County of Roanoke,
Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of
Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant,
and agree that these Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the
incorporating political subdivisions. None of the following actions shall be taken or
permitted to occur by the Board of the Authority without the affirmative vote of a majority
of the members from each incorporating political subdivision of the Board of the
Authority:
(1) The inclusion of additional political subdivisions on the Authority;
(2) Additional agreement with other political subdivisions, entities, or persons,
for the bulk sale of surplus water or the acceptance and treatment of waste water.
(3) The recommendation to the governing bodies for the appointment of the
seventh member of the Board of the Authority.
ARTICLE III
The Board of the Authority shall consist of seven members. The names,
addresses, and terms of office of the initial members of the Board of the Western
6
2
Virginia Water Authority ("Authority") are as follows:
1. Elmer C. Hodge, County Administrator — 3 year term
Roanoke County Administration Center
5204 Bernard Drive
P. 0. Box 29800
Roanoke, VA 24018
2. Michael W. Altizer, Board of Supervisors — 2 year term
3108 Valley Stream Drive
Roanoke, VA 24014
3. H. Odell "Fuzzy" Minnix , Citizen — 4 year term
3314 Kenwick Trail, SW
Roanoke, VA 24018
4. Darlene L. Burcham, City Manager — 3 year term
Noel C. Taylor Municipal Building
City Manager's Office
215 Church Avenue, Room 364
Roanoke, VA 24011
5. M. Rupert Cutler, City Council —2 year term
2865 Jefferson Street, SE
Roanoke, VA 24014
6. Robert C. Lawson, Jr., Citizen — 4 year term
Suntrust Bank, Suntrust Plaza
10 Franklin Road, SE, 9t" Floor
Roanoke, VA 24001
P. 0. Box 2867
Roanoke, VA 2400
7. George W. Logan, Citizen — 4 year term
2217 Crystal Spring Ave., SW, Suite 200
Roanoke, VA 24014
P. 0. Box 1190
Salem, VA 24153
The terms of office of each of the initial members shall begin on the date of
issuance of a certificate of incorporation or charter for the Authority by the State
Corporation Commission. The governing body of each participating political subdivision
14
3
shall appoint the number of members, who may be members of the governing body, set
forth opposite its name below:
County of Roanoke - three
City of Roanoke —three
A seventh member shall be appointed jointly by the City of Roanoke and County
of Roanoke. The six members of the Authority Board shall recommend to the City and
the County the appointment of the seventh member. The City and the County shall
ratify and confirm the appointment of the seventh member. If the City and the County
fail to act or are unable to act within 60 days of the receipt of this recommendation, then
the appointment of the seventh member shall be made by the judges of the Circuit
Court for the 23`d Judicial Circuit.
Initially, the governing body of the County of Roanoke shall appoint one member
for a four-year term, one member for a three-year term, and one member for a two-year
term. Initially, the governing body of the City of Roanoke shall appoint one member for
a four-year term, one member for a three-year term, and one member for a two-year
term.
After the initial terms, each member shall be appointed for a four-year term or
until a successor is appointed and qualified. The governing body of each political
subdivision shall be empowered to remove at any time, without cause, any member
appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term.
Each member shall be reimbursed by the Authority for the amount of actual
expenses incurred in the performance of Authority duties.
6
4
ARTICLE IV
The purposes for which the Authority is to be formed are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and
maintain a water, waste water, sewage disposal and storm water control system and
related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all
of the rights, powers, and duties of an authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates
of capital costs, proposals for specific projects to be undertaken, or initial rates for the
proposed projects.
ARTICLE V
The Authority shall serve the County of Roanoke, the City of Roanoke, and to the
extent permitted by the Act and by the terms of these Articles and the Western Virginia
Water Authority Member's Use Agreement, such other public or private entities as the
Authority may determine upon the terms and conditions established pursuant to such
contracts.
ARTICLE VI
The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at
the end of each fiscal year and a certified copy thereof to be filed promptly with the
governing body of each of the incorporating political subdivisions.
6
5
3. Effective immediately. This resolution shall take effect immediately upon
its adoption.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
Brenda J. H Iton, CMC
cc: File Deputy Clerk to the Board of Supervisors
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
Mary Parker, Clerk to City Council
6
6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADNUMSTRATION CENTER ON TUESDAY,
JANUARY 27, 2004
ORDINANCE 012704-9 TO REPEAL IN ITS ENTIRETY CHAPTER
8. EROSION AND SEDIMENT CONTROL OF THE ROANOKE
COUNTY CODE AND ADOPTING CHAPTER 8.1. EROSION AND
SEDIMENT CONTROL OF THE ROANOKE COUNTY CODE
WHEREAS, pursuant to the authority of Article 4. Erosion and Sediment Control Law, Chapter 5,
SOIL AND WATER CONSERVATION, of Title 10.1 of the Code of Virginia (1950, as amended), the County
of Roanoke, Virginia, is authorized to establish and administer an erosion and sediment control program,
including an Erosion and Sediment Control Ordinance; and,
WHEREAS, at the request of the Board of Supervisors of Roanoke County, staff is reviewing the
development standards and is recommending several revisions to be made effective by repeal of the
former ordinance and adoption of the following Code provisions; and,
WHEREAS, legal notice and advertisement has been published in a newspaper of general
circulation within Roanoke County on January 13, 2004, and January 20, 2004; and,
WHEREAS, the first reading of this ordinance was held on January 13, 2002, and the second
reading and public hearing was held on January 27, 2004.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 8. EROSION AND SEDIMENT CONTROL of the Roanoke County Code
be, and hereby is, repealed in its entirety.
2. That Chapter 8.1. EROSION AND SEDEMENT CONTROL of the Roanoke County Code
be enacted as follows:
CHAPTER 8.1
EROSION AND SEDIMENT CONTROL
Section 8.1-1 TITLE, PURPOSE AND AUTHORITY.
This ordinance shall be known as the "Erosion and Sediment Control Ordinance of the County of
Roanoke, Virginia." The purpose of this chapter is to conserve the land, water, air and other natural
resources of the County of Roanoke by establishing requirements for the control of erosion and
sedimentation, and by establishing procedures whereby these requirements shall be administered and
enforced.
Section 8.1-2 APPLICABILITY OF CHAPTER IN TOWN OF VINTON
The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton.
Administrative procedures and review fees may be established to accommodate the review of plans for
development located within the town.
Section 8.1-3 DEFINITIONS: As used in the ordinance, unless the context requires a different meaning:
A. "Agreement in Lieu of a Plan" means a contract between the plan -approving authority and the owner
which specifies conservation measures which must be implemented in all construction disturbing between
2,500 square feet and 5,000 square feet and/or 250-500 cubic yards; this contract may be executed by
the plan -approving authority in lieu of a formal site plan.
B. "Applicant" means any person submitting an erosion and sediment control plan for approval or requesting
the issuance of a permit, when required, authorizing land -disturbing activities to commence.
C. 'Board" means the Virginia Soil and Water Conservation Board.
D. "Certified Inspector" means an employee or agent of a program authority who holds a certificate of
competence from the Board in the area of project inspection.
E. "Certified Plan Reviewer" means an employee or agent of a program authority who (i) holds a certificate
of competence from the Board in the area of plan review (ii) is licensed as a professional engineer,
architect, certified landscape architect or land surveyor pursuant to Article 1 (Sec. 54.1-400 et seq.) of
Chapter 4 of Title 54.1.
F. "Certified Program Administrator" means an employee or agent of a program authority who holds a
certificate of competence from the Board in the area of program administration.
G. "Clearing" means any activity which removes the vegetative ground cover including, but not limited to,
root mat removal or top soil removal.
H. "Conservation Plan," "Erosion and Sediment Control Plan" or "Plan' means a document containing
material for the conservation of soil and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory, and management information with needed
interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all
major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the
conservation objectives.
1. "County" means the County of Roanoke.
J. "Denuded" means a term applied to land that has been physically disturbed and no longer supports
vegetative cover.
2
K. 'Department" means the Department of Conservation and Recreation.
L. 'Development" means a tract of land developed or to be developed as a single unit under single ownership
or unified control which is to be used for any business or industrial purpose or is to contain three or more
residential dwelling units.
M. 'Director" means the Director of Community Development or his assignee.
N. "District" or "Soil and Water Conservation District" refers to the Blue Ridge Soil and Water
Conservation District.
O. 'Dormant" refers to denuded land that is not actively being brought to a desired grade or condition.
P. "Erosion Impact Area" means an area of land not associated with current land disturbing activity but
subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into
state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used
for residential purposes.
Q. "Excavating" means any digging, scooping or other methods of removing earth materials.
R. "Filling" means any depositing or stockpiling of earth materials.
S. "Grading" means any excavating or filling of earth material or any combination thereof, including the land
in its excavated or filled conditions.
T. "Land -Disturbing Activity" means any land change which may result in soil erosion from water or wind
and the movement of sediments into State waters or onto lands in the Commonwealth, including, but not
limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not
include:
Minor land -disturbing activities such as home gardens and individual home landscaping, repairs
and maintenance work;
2. Individual service connections;
Installation, maintenance, or repairs of any underground public utility lines when such activity
occurs on an existing hard -surfaced road, street or sidewalk provided such land -disturbing
activity is confined to the area of the road, street or sidewalk which is hard -surfaced;
4. Septic tank lines or drainage fields unless included in an overall plan for land -disturbing activity
relating to construction of the building to be served by the septic tank system;
Surface or deep mining;
6. Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site
disposal areas;
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot
operations; including engineering operations as follows: construction of terraces, terrace outlets,
check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs is reforested
artificially or naturally in accordance with the provisions of Chapter 11 (Sec. 10.1-1100 et seq.) of
this title or is converted to bona fide agricultural or improved pasture use as described in subsection
B of Sec. 10.1-1163;
Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other
related structures and facilities of a railroad company;
Agricultural engineering operations including but not limited to the construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act,
Article 2 (Section 10.1-604 et. seq.) of Chapter 6 of the Code of Virginia, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;
10. Disturbed land areas for all uses of less than 2,500 square feet and/or less than 250 cubic yards in
size;
11. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
12. Emergency work to protect life, limb or property, and emergency repairs; provided that if the land -
disturbing activity would have required an approved erosion and sediment control plan, if the
activity were not an emergency, then the land area disturbed shall be shaped and stabilized in
accordance with the requirements of the plan -approving authority.
U. "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.
V. "Local Erosion and Sediment Control Program" or "program" means an outline of the various methods
employed by the County of Roanoke to regulate land -disturbing activities and thereby minimize erosion
and sedimentation in compliance with the state program and may include such items as local ordinances,
policies and guidelines, technical materials, inspection, enforcement, and evaluation.
W. "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.
X. "Permittee" means the person to whom the permit authorizing land -disturbing activities is issued or the
person who certifies that the approved erosion and sediment control plan will be followed.
Y. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or
other political subdivision of the commonwealth, any interstate body, or any other legal entity.
Z. "Plan -approving authority" means the Department of Community Development which is responsible for
determining the adequacy of a conservation plan submitted for land -disturbing activities on a unit or units
of lands and for approving plans.
AA. "Post -development" refers to conditions that may be reasonably expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land.
BB. "Pre -development" refers to conditions at the time the erosion and sediment control plan is submitted to
the plan -approving authority. Where phased development or plan approval occurs (preliminary grading,
roads and utilities, etc.), the existing conditions at the time the erosion and sediment control plan for the
initial phase is submitted for approval shall establish pre -development conditions.
CC. "Program authority" means the County of Roanoke which has adopted a Soil Erosion and Sediment
Control Program approved by the Board.
DD. "Responsible Land Disturber" means an individual from the project or development team, who will be in
charge of and responsible for carrying out a land -disturbing activity covered by an approved plan or
agreement in lieu of a plan, who (i) holds a Responsible Land Disturber certificate of competence, (ii) holds
a current certificate of competence from the Board in the areas of Combined Administration, Program
Administration, Inspection or Plan Review, (iii) holds a current Contractor certificate of competence for
erosion and sediment control, or (iv) is licensed in Virginia as a professional engineer, architect, certified
landscape architect or land surveyor pursuant to Article 1 (Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1.
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4
EE. "Single-family residence" means a noncommercial dwelling that is occupied exclusively by one family.
FF. "Stabilized" means an area that can be expected to withstand normal exposure to atmospheric conditions
without incurring erosion damage.
GG. "State waters" means all waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdictions.
HH. "Town" means the incorporated Town of Vinton.
11. "Transporting" means any moving of earth materials from one place to another place other than such
movement incidental to grading, when such movement results in destroying the vegetative ground cover
either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result
from the soil or earth materials over which such transporting occurs.
Section 8.1-4 ADMINISTRATION OF CHAPTER IN CONJUNCTION WITH SUBDIVISION AND
ZONING ORDINANCES.
This chapter shall be administered, where applicable, in conjunction with the county's subdivision and zoning
ordinances wherein such apply to the development and subdivision of land within the county or where such apply
to development on previously subdivided land within the county.
Section 8.1-5 LOCAL EROSION AND SEDIMENT CONTROL PROGRAM
A. Pursuant to section 10.1-562 Of the Code of Virginia, the County of Roanoke hereby adopts the
regulations, references, guidelines, standards and specifications promulgated by the Virginia Soil and
Water Conservation Board and those more stringent local stormwater management criteria which the Board
of Supervisors of Roanoke County, Virginia, may adopt by resolution and incorporate into the manual of
regulations and policies entitled "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 Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended.
B. The County of Roanoke hereby designates the Director of Community Development or his assignee as the
plan -approving authority.
C. The program and regulations provided for in this ordinance shall be made available for public inspection at
the office of the Department of Community Development.
D. Pursuant to Sec. 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is
reviewed by a certified plan reviewer. Inspections of land -disturbing activities shall be conducted by a
certified inspector. The Erosion Control Program of the County of Roanoke shall contain a certified
program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
Section 8.1-6. REGULATED LAND -DISTURBING ACTIVITIES; SUBMISSION AND APPROVAL OF
PLANS; CONTENTS OF PLANS
A. Except as provided herein, no person SHALL engage in any land -disturbing activity until he has submitted
to the Department of Community Development for the County of Roanoke one of the following for the
land -disturbing activity and it has been approved by the plan approving authority.
1. Where the land -disturbing activity results in between 2,500 square feet and 5,000 square feet
and/or 250-500 cubic yards of disturbed area, an "agreement in lieu of a plan" may be
substituted for an erosion and sediment control plan if executed by the plan -approving authority.
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2. Where the land -disturbing activity results in between 5,000 square feet and 10,000 square feet
and/or 500-750 cubic yards of disturbed area, either a plot plan prepared by a certified
Responsible Land Disturber or an engineered plan prepared by a professional engineer showing
the erosion and sediment control measures must be submitted and executed by the plan -approving
authority. A certified Responsible Land Disturber must be named.
Where the land -disturbing activity results in 10,000 square feet or more and/or 750 cubic yards or
more of disturbed area, an erosion and sediment control plan must be submitted which has
been prepared by a professional engineer. For disturbed areas of less than 10,000 square feet, refer
to the chart below to determine requirements for the site.
Square Feet
&/or Cubic Yards
Requirements
<2,500
0
Exempt from E & S Plan; *Building Perm it Plot Plan required
2,500-5,000
250-500
"Agreementin Lieu" ofa plan; permittee; *Building Permit Plot Plan required
5,000-10,000
500-750
Certified RLD, *Building Permit Plot Plan by a certified RLD or a P.E.; permit fee
>10,000
>750
RLD, Erosion and Sediment Control Plan prepared bya P.E.; agreement; surety;
a *Building Permit Plot Plan, if required bythe Buildinq Commissioner
B. *Refer to the Virginia Uniform Statewide Building Code for Building Permit Plot Plan Requirements.
C. If lots in a subdivision are sold to another owner, that person is responsible for obtaining a certified
Responsible Land Disturber and submitting a plot plan for each lot to obtain an Erosion and Sediment
Control permit.
D. The standards contained with The "Virginia Erosion and Sediment Control Re lations," and The Virginia
Erosion and Sediment Control Handbook and those more stringent local stormwater management criteria
which the Board of Supervisors of Roanoke County, Virginia, may adopt by resolution and incorporate into
the manual of regulations and policies entitled 'Design and Construction Standards Manual' are to be
used by the applicant when making a submittal under the provisions of this ordinance and in the preparation
of an erosion and sediment control plan. In cases where one standard conflicts with another, the more
stringent applies. The plan approving authority, in considering the adequacy of a submitted plan, shall be
guided by the same standards, regulations and guidelines.
E. The plan approving authority shall grant written approval within 45 days of the receipt of the plan, if it is
determined that the plan meets the requirements of the local control program, and if the person responsible
for carrying out the plan certifies that he or she will properly perform the erosion and sediment control
measures included in the plan and will conform to the provisions of this ordinance.
When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for
disapproval shall be communicated to the applicant within forty-five days. The notice shall specify the
modifications, terms and conditions that will permit approval of the plan. If no action is taken by the plan -
approving authority within the time specified above, the plan shall be deemed approved and the person
authorized to proceed with the proposed activity.
F. Responsible Land Disturber requirement. As a prerequisite to engaging in the land -disturbing activities
shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an
individual holding a certificate of competence, to the program authority, as provided by Section 10.1-561,
of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying
out the land -disturbing activity (the Responsible Land Disturber). Failure to provide the name of an
individual holding a certificate of competence prior to engaging in land -disturbing activities may result in
revocation of the approval of the plan and the person responsible for carrying out the plan shall be
subject to the penalties provided in this ordinance.
However, the plan -approving authority may waive the certificate of competence for an "Agreement in Lieu
of a Plan" for construction of a single-family residence meeting the requirements in 8.1-3T (10) of this
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ordinance. If a violation occurs during the land -disturbing activity, then the person responsible for carrying
out the "Agreement in Lieu of a Plan" shall correct the violation and provide the name of an individual
holding a certificate of competence, as provided by Section 10.1-561 of the Virginia Erosion and Sediment
Control Law. Failure to provide the name of an individual holding a certificate of competence shall be a
violation of this ordinance and may result in penalties provided in this ordinance.
G. An approved plan may be changed by the plan approving authority when:
The inspection reveals that the plan is inadequate to satisfy applicable regulations; or
The person responsible for carrying out the plan finds that because of changed
circumstances or for other reasons the approved plan cannot be effectively carried out, and
proposed amendments to the plan, consistent with the requirements of this ordinance, are
agreed to by the plan approving authority and the person responsible for carrying out the
plan.
H. In order to prevent further erosion, the County of Roanoke may require approval of a conservation plan for
any land identified in the local program as an erosion impact area.
I. When land -disturbing activity will be required of a contractor performing construction work pursuant to a
construction contract, the preparation, submission, and approval of an erosion control plan shall be the
responsibility of the owner.
I. Whenever electric and telephone utility companies or railroad companies undertake any of the activities
included in subdivisions 1 and 2 of this subsection, they shall be considered exempt from the provisions of
this ordinance.
Construction, installation or maintenance of electric transmission, natural gas and telephone utility
lines, and pipelines; and
2. Construction of the tracks, rights-of-way, bridges, communication facilities and other related
structures and facilities of the railroad company.
The Board shall have 60 days in which to approve the specifications. If not action is taken by the
Board within 60 days, the specifications shall be deemed approved. Individual approval of
separate projects within subdivisions 1 and 2 of this subsection is not necessary when approved
specifications are followed. Projects not included in subdivisions 1 and 2 of this subsection shall
comply with the requirements of the appropriate local erosion and sediment control program. The
Board shall have the authority to enforce approved specifications.
K. State agency projects are exempt from the provisions of this ordinance, pursuant to Section 10.1-564 of the
Code of Virginia.
L. If the grade of a site is more than 33.3%, refer to the International Building Code for Steep Slope
Development requirements.
Section 8.1-7. PERMITS; FEES; BONDING; ETC.:
A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving
land -disturbing activities may not issue any such permit unless the applicant submits with his application an
approved erosion and sediment control plan and certification that the plan will be followed.
B. No person SHALL engage in any land -disturbing activity until he has acquired a land -disturbing permit,
unless the proposed land -disturbing activity is specifically exempt from the provisions of this ordinance,
and has paid the fees and posted the required bond.
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C. Fees: An applicant requesting permission to begin land -disturbing activity pursuant to this article shall pay
the following fees to cover the administrative expense of review, permitting, and inspection.
Square Feet
<2,500
&/or Cubic Yards
<250
Fees Cap
$0.00
Requirement
None
2,500-5,000
250-500
$25.00
In Lieu of Agreement
5,000-10,000
500-750
$50.00
Responsible Land Disturber
>10,000
>750
$100+ $100/disturbed acre or portion 1$500.00
Certified Inspector for project
>10,000
>750
$100 + $100/disturbed acre or portion
INo Certified Inspector for project
D. Bond: All applicants for permits shall provide to the County of Roanoke a performance bond, cash escrow,
or an irrevocable letter of credit acceptable to the Director of Community Development or his assignee, to
ensure that measures could be taken by the County of Roanoke at the applicant's expense should the
applicant fail, AFTER PROPER NOTICE, within the time specified to initiate or maintain appropriate
conservation measures required of him as a result of his land -disturbing activity. Should it be necessary for
the County of Roanoke to take such conservation action, the County of Roanoke may collect from the
applicant any costs in excess of the amount of the surety held.
Within sixty (60) days of adequate stabilization and completion of all other site requirements, as
determined by the Director of Community Development or his assignee, such bond, cash escrow or letter of
credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or
terminated.
E. These requirements are in addition to all other provisions relating to the issuance of permits and are not
intended to otherwise affect the requirements for such permits.
Section 8.1-8. MONITORING, REPORTS, AND INSPECTIONS
A. The County of Roanoke may require the person responsible for carrying out the plan and/or the
Responsible Land Disturber to monitor and maintain the land -disturbing activity. The Responsible
Land Disturber will maintain records of these inspections and maintenance, to ensure compliance with
the approved plan and to determine whether the measures required in the plan are effective in
controlling erosion and sedimentation.
B. The Department of Community Development shall periodically inspect the land -disturbing activity as
required under the state program to ensure compliance with the approved plan and to determine whether the
measures required in the plan are effective in controlling erosion and sedimentation. If the Director of
Community Development or his assignee determines that there is a failure to comply with the plan or if the
plan is determined to be inadequate, notice shall be served upon the permittee, person responsible for
carrying out the plan or the Responsible Land Disturber by registered or certified mail to the address
specified in the permit application or in the plan certification, or by delivery at the site of the land -
disturbing activities to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify the time within
which such measures shall be completed. Upon failure to comply within the specified time, the permit may
be revoked and the permittee shall be deemed to be in violation of this ordinance and, upon conviction,
shall be subject to the penalties provided by this ordinance.
C. Upon determination of a violation of this ordinance, the Director of Community Development or his
assignee may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue
an order requiring that all or part of the land -disturbing activities permitted on the site be stopped until the
specified corrective measures have been taken.
If land -disturbing activities have commenced without an approved plan or proper permits, the Director of
Community Development or his assignee may, in conjunction with or subsequent to a notice to comply as
8
specified in this ordinance, issue an order requiring that all of the land -disturbing and/or construction
activities be stopped until an approved plan or any required permits are obtained. Failure to comply will
result in civil penalties as outlined in Section 8.1-9 of this ordinance.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands
or sediment deposition in waters within the watersheds of the commonwealth, or where the land -disturbing
activities have commenced without an approved plan or any required permits, such an order may be issued
without regard to whether the permittee has been issued a notice to comply as specified in this ordinance.
Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to
comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for
a period of seven days from the date of service pending application by the enforcing authority or permit
holder for appropriate relief to the Circuit Court of the County of Roanoke.
If the alleged violator has not obtained an approved plan or any required permits within seven days from
the date of service of the order, the Director of Community Development or his assignee may issue an order
to the owner requiring that all construction and other work on the site, other than corrective measures, be
stopped until an approved plan and any required permits have been obtained. Such an order shall be served
upon the owner by registered or certified mail to the address specified in the permit application or the land
records of the County of Roanoke.
The owner may appeal the issuance of an order to the Circuit Court of the County of Roanoke. Any person
violating or failing, neglecting or refusing to obey an order issued by the Director of Community
Development or his assignee may be compelled in a proceeding instituted in the Circuit Court of the
County of Roanoke to obey same and to comply therewith by injunction, mandamus or other appropriate
remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required
permits, the order shall immediately be lifted. Nothing in this section shall prevent the Director of
Community Development or his assignee from taking any other action authorized by this ordinance.
Section 8.1-9. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS
A. Violators of this ordinance shall be guilty of a Class I misdemeanor.
B. Civil Penalties:
A civil penalty in the amount listed on the schedule below shall be assessed for each violation of
the respective offenses:
a) Commencement of land disturbing activity without an approved plan as provided in
Section 8.6-1 shall be $1,000/day.
b) Vegetative Measures - failure to comply with items 1, 2 and 3 of the Minimum
Standards shall be $100/violation/day.
c) Structural Measures - failure to comply with items 2, 4, 9, 10, 11, 15 and 17 of the
Minimum Standards shall be $100/violation/day.
d) Watercourse Measures - failure to comply with items 12, 13 and 15 of the Minimum
Standards shall be $100/violation/day.
e) Underground Utility Measures - failure to comply with item 16(a) and/or (c) shall be
$100/violation/day.
f) Failure to obey a stop work order shall be $100/day.
g) Failure to stop work when permit revoked $100/day.
WE
2. Each day during which the violation is found to have existed shall constitute a separate offense.
However, in no event shall a series of specified violations arising from the same operative set of
facts result in civil penalties which exceed a total of $3,000, except that a series of violations
arising from the commencement of land -disturbing activities without an approved plan for any site
shall not result in civil penalties which exceed a total of $10,000. The assessment of civil penalties
according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution
of such violation as a misdemeanor under Subsection A of this section.
C. The Director of Community Development or his assignee may apply to the Circuit Court of the County of
Roanoke to enjoin a violation or a threatened violation of this ordinance, without the necessity of showing
that an adequate remedy at law does not exist.
D. In addition to any criminal penalties provided under this ordinance, any person who violates any provision
of this ordinance may be liable to the County of Roanoke in a civil action for damages.
E. Civil Penalty Enumerated: Without limiting the remedies which may be obtained in this section, any
person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy
obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to
exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County
of Roanoke. Any civil penalties assessed by a court shall be paid into the Treasury of the County of
Roanoke, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to
be paid into the State Treasury.
F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or
condition of a permit or any provision of this ordinance, the County of Roanoke may provide for the
payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection
B(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be
imposed under Subsection B or E.
G. The County's Attorney shall, upon request of the County of Roanoke or the permit issuing authority, take
legal action to enforce the provisions of this ordinance.
H. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable
proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have
been met, and the complaining party must show negligence in order to recover any damages.
Section 8.1-10. APPEALS AND JUDICIAL REVIEW
Any applicant under the provision of this ordinance who is aggrieved by any action of the County of Roanoke or its
agent in disapproving plans submitted pursuant to 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, subject only to review by
the Circuit Court of the County of Roanoke. 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.
Final decisions of the County of Roanoke under this ordinance shall be subject 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.
Section 8-1.11 CIVIL VIOLATIONS, SUMMONS, GENERALLY.
A. The Director shall prepare an appropriate "Erosion and Sediment Control Civil Violation Summons" for
use in enforcing the provisions of this Chapter.
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B. Any inspector of the plan approving authority charged with enforcing this Chapter shall serve upon any
owner or permittee in violation of this Chapter, a summons notifying the owner or permittee of said
violation. If unable to serve the owner or permittee in person, the inspector may notify by summons an
owner or permittee committing or suffering the existence of a violation by certified, return receipt
requested mail, of the infraction. The Roanoke County Sheriffs Office may also deliver the summons.
The summons shall contain the following information:
1. The name and address of the person charged.
2. The nature of the violation and ordinance provision(s) being violated.
3. The location, date, and time that the violation occurred, or was observed.
4. The amount of the civil penalty assessed for the violation.
5. The manner, location, and time that the civil penalty may be paid to the County.
6. The right of the recipient of the summons to elect to stand trial for the infraction and the date of
such trial.
C. The summons shall provide that any person summoned for a violation may, within 5 days of actual receipt
of the summons or, within 10 days from the date of mailing of the summons, elect to pay the civil penalty
by making an appearance in person, or in writing by mail to the Roanoke County Treasurer's Office and, by
such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the
violation charged and provide that a signature to an admission of liability shall have the same force and
effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any
purpose.
D. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the County
shall cause the Sheriff of Roanoke County to serve the summons on the person charged in the manner
prescribed by law. The violation shall be tried in General District Court in the same manner and with the
same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled
violation authorized by this section, it shall be the burden of the County to show the liability of the violator
by the preponderance of the evidence. Any admission of liability, or finding of liability shall not be a
criminal conviction for any purpose.
E. The remedies provided for in this section are cumulative, and are not exclusive and, except as provided
above, shall be in addition to any other remedies by law.
F. The owner or permittee may pay the civil penalty to the Treasurer prior to the trial date, provided he also
pays necessary court costs in addition to the civil penalty.
G. Within the time period prescribed in C., above, the owner or permittee, may contest the violation by
presenting it to the Director, who shall certify the contest in writing, on an appropriate form, to the General
District Court.
H. Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in C., above,
shall result in the immediate issuance of a stop work order and the revocation of the permit, if any.
3. That the provisions of this ordinance shall be effective on February 1, 2004.
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On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
A COPY TESTE:
Brenda Holton, CMC
Deputy Clerk to the Board of Supervisors
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cc: File
Circuit Court
Clifford R. Weckstein, Judge
William Broadhurst, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
James R. Swanson, Judge
Charles N. Dorsey, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Francis W. Burkart, III, Judge
Theresa A. Childress, Clerk
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Jill Loope, Assistant Director, Economic Development
Gary Robertson, Director, Utility
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver, Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
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