HomeMy WebLinkAbout4/22/2014 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
RESOLUTION 042214-1 GRANTING A WAIVER TO THE AMERICAN
CANCER SOCIETY AND RELAY FOR LIFE OF ROANOKE UNDER
SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE
PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II.
"NOISE" OF CHAPTER 13. "OFFENSES -MISCELLANEOUS"
WHEREAS, Relay For Life of Roanoke, a fundraiser for the American Cancer
Society, will be holding its annual overnight Relay For Life event at Northside High
School for Roanoke County, Roanoke City and the general public on Friday, May 16,
2014, from 6:00 p.m. to Saturday, May 17, 2014, at 10:00 a.m.; and
WHEREAS, Relay for Life is held overnight to represent the journey of a cancer
patient, and stress that cancer continues to exist even when the sun has set. In order to
accommodate this atmosphere and bring the community together in the fight against
cancer, American Cancer Society and Relay For Life of Vinton are requesting a waiver
of the Roanoke County noise ordinance from 6:00 p.m. on Friday, May 16, 2014, to
10:00 a.m. on Saturday, May 17, 2014; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County noise ordinance to avoid undue hardship upon consideration of certain
factors set forth in sub -section (b) of Section 13-23 and after making certain alternative
findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 1 of 2
1. That the provisions of Section 13-21. Specific acts as noise, sub -section
(5) and Section 13-20. General prohibition of Article II. Noise be waived from 6:00 p.m.,
May 16, 2014, to 10:00 a.m., May 17, 2014.
2. That this waiver is granted specifically to The American Cancer Society
and Relay for Life of Roanoke for the Relay for Life fundraiser at Northside High School
on May 16-17, 2014.
On motion of Supervisor Church to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
cc: Howard B. Hall, Chief of Police
A COPY TESTE:
Deborah C. Jacks l
Deputy Clerk to the Bo of Supervisors
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
RESOLUTION 042214-2 GRANTING A WAIVER TO THE AMERICAN
CANCER SOCIETY AND RELAY FOR LIFE OF VINTON UNDER
SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE
PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II.
"NOISE" OF CHAPTER 13. "OFFENSES -MISCELLANEOUS"
WHEREAS, Relay For Life of Vinton, a fundraiser for the American Cancer
Society, will be holding its annual overnight Relay For Life event at William Byrd High
School for the Town of Vinton, Roanoke County, and the general public on Friday, May
2, 2014, from 6:00 p.m. to Saturday, May 3, 2014, at 7:00 a.m.; and
WHEREAS, Relay for Life is held overnight to represent the journey of a cancer
patient, and stress that cancer continues to exist even when the sun has set. In order to
accommodate this atmosphere and bring the community together in the fight against
cancer, American Cancer Society and Relay For Life of Vinton are requesting a waiver
of the Roanoke County noise ordinance from 6:00 p.m. on Friday, May 2, 2014, to 7:00
a.m. on Saturday, May 3, 2014; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County noise ordinance to avoid undue hardship upon consideration of certain
factors set forth in sub -section (b) of Section 13-23 and after making certain alternative
findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Page 1 of 2
1. That the provisions of Section 13-21. Specific acts as noise, sub -section
(5) and Section 13-20. General prohibition of Article II. Noise be waived from 6:00 p.m.,
May 2, 2014, to 7:00 a.m., May 3, 2014.
2. That this waiver is granted specifically to The American Cancer Society
and Relay for Life of Vinton for the Relay for Life fundraiser at William Byrd High School
on May 2-3, 2014.
On motion of Supervisor Peters to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
cc: Howard B. Hall, Chief of Police
A
TESTE:
Deputy Clerk to the
Page 2 of 2
of Supervisors
ACTION NO. A-042214-3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
April 22, 2014
Request to approve the Cable Television budget for fiscal year
2014-2015
Elaine Bays -Murphy
Director of Cable Access
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke Valley Television, RVTV-3, serves Roanoke County, the City of Roanoke, the
Town of Vinton and their respective school systems. RVTV-3 was created in 1992 as an
agreement between the three (3) localities to form a Government and Educational Access
Station. The station is located at the Jefferson Center, and is staffed by five (5) full-time
staff members. RVTV-3 produces original video productions, monthly television shows and
covers live government meetings. Programming is cablecast on Cox Communications,
Channel 3 and Comcast, Channel 3 in the West County area.
RVTV-3 is governed by the Roanoke Valley Regional Cable Television Committee, which
includes representatives from the County, the City and the Town. Mr. Peters is the Board
Representative, Ms. Whittaker is the County Representative and Mr. David Jones is the
Member at Large. The operational budget for RVTV is provided by the three (3) local
governments, and it is funded through the Virginia Communications Sales and Use Tax
paid by Cox Communications. In 2012, Cox Communications paid the Commonwealth a
total of $2,350,891, and the County's appropriate share was $1,067,229. This amount
represents the contributions made by Cox Communications to the Commonwealth on
behalf of each locality but does not represent the adjusted amount paid by the
Commonwealth back to the localities. The budget amount paid by each locality is based on
the proportion of Cox customers located in each jurisdiction. Roanoke County's share of
the cable budget is forty-four percent (44%).
Page 1 of 3
The RVTV-3 Staff is carried on the County's payroll and benefit system.
Last year, Roanoke Valley Television produced a total of 120 Video Productions for the
three localities and their school systems. RVTV produced the following forthe County: (32)
Half Hour Television Shows, (19) Original Video Productions, and RVTV covered (22)
Live Board Meetings. An entire list of video productions is included the Budget Packet.
RVTV monthly television shows include: "Roanoke County Today," and "Accent
Excellence." RVTV also produces two quarterly TV shows, "Roanoke County Business
Partners," & "Recreation Television." The approximate RVTV Production Value for TV
Shows & Video Productions for the year is $3,789,000.
RVTV-3 was awarded a Silver PRSA Summit Award for the video "Choose Right! The
Dangers of Synthetic Drugs." RVTV programming is uploaded to the RVTV Website
www.rvtv.org, RVTV YouTube Channel, and RVTV Facebook Page.
FISCAL IMPACT:
The fiscal year 2014-2015 total operating budget is $398,028.
Roanoke County's share is based on the proportion of Cox customers located in each
jurisdiction. The number of Roanoke County subscribers was 19,954 or forty-four percent
(44%).
The RVTV budget request is $175,132 for 2014-2015. This is an increase of $6,649 over
the prior year. This increase is attributed to a proposed salary increase of two percent
(2%), increases in VRS, health and dental rates, three percent (3%) increase in the
building lease and an increase in the maintenance service contract related to the RVTV
website.
See attachment A for more details of the 2014-2015 proposed budget.
STAFF RECOMMENDATION:
The Roanoke Valley Regional Cable Television Committee recommends approval of the
fiscal year 2014-2015 RVTV Operating Budget.
Page 2 of 3
VOTE:
Supervisor Peters moved to approve the staff recommendation.
Motion approved.
cc: Elaine Bays -Murphy, Director of Cable Access
Page 3 of 3
Yes
No
Absent
Ms. Moore
®
❑
❑
Mr. Bedrosian
®
❑
❑
Mr. Church
®
❑
❑
Mr. Peters
®
❑
❑
Mr. McNamara
®
❑
❑
cc: Elaine Bays -Murphy, Director of Cable Access
Page 3 of 3
ACTION NO. A-042214-4
ITEM NO. E-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 22, 2014
AGENDA ITEM: Request for authorization to execute a Modification Agreement
between the County of Roanoke, the Roanoke County
Economic Development Authority and Edward Rose
Development Company, L.L.C., Catawba Magisterial District
SUBMITTED BY: Jill Loope
Director of Economic Development
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This request is to extend the time of performance for this economic development incentive
grant.
Roanoke County entered into a Performance Agreement with Edward Rose Properties, Inc.
on May 5, 2011, which provided for an economic development grant and certain other
considerations to the Company based upon measurable performance goals. The proposed
mixed use commercial development includes the construction of a 252 unit luxury
apartment building with an investment of $20 million in improvements and personal
property. In addition, the company plans to develop two commercial pad sites at the
entrance to the development with possible uses including a hotel, restaurant, office or
medical facility.
Due to the national economic recession, the company has been delayed in beginning
construction on the project, and commercial activity is expected to follow the completion of
the initial apartment complex. The revised project time line includes delivering units to
market the first quarter of 2015 and will include a 4,600 single -story clubhouse, a grand
entry/marketing gathering room, cyber cafe, fitness center, small conference room and
Page 1 of 3
leasing offices.
The Modification Agreement will grant a two (2) -year extension to Edward Rose
Development Company, L.L.C., successor to Edward Rose Properties, Inc., to complete
construction of the commercial buildings on the property to December 31 2019. The
County incentive for the project allows for an economic development grant in an amount
equal to two (2) years of new local tax revenue generated solely from the commercial
development to be reimbursed to the company after the new facilities are built. The
company may request a yearly grant for any two (2) calendar years from tax years 2013,
2014, 2015, 2016, 2017, 2018 or 2019.The company will also install 2,200' of a twelve inch
(12") water line extension that will connect to an existing City of Salem twelve inch (12")
water line in the vicinity of Sheraton Drive and Route 419. This extension will serve as a
critical link in the interconnection of water lines in the vicinity and will improve service for
the citizens in the area. Both the County and the Western Virginia Water Authority are
contributing $200,000 towards this infrastructure improvement along this corridor.
Both the Board of Supervisors and the Economic Development Authority will have to
approve this extension.
FISCAL IMPACT:
There is no additional negative fiscal impact with this modification agreement request.
STAFF RECOMMENDATION:
Staff recommends authorizing the County Administrator, or any Assistant County
Administrator, to execute a Modification Agreement between the County of Roanoke, the
Roanoke County Economic Development Authority and Edward Rose Development
Company, L.L.C.
VOTE:
Supervisor Church moved to approve the staff recommendation.
Motion approved.
Page 2 of 3
Yes
No
Absent
Ms. Moore
®
❑
❑
Mr. Bedrosian
❑
®
❑
Mr. Church
®
❑
❑
Mr. Peters
®
❑
❑
Mr. McNamara
❑
®
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Page 2 of 3
cc: Jill Loope, Director of Economic Development
Page 3 of 3
ACTION NO. A-042214-5
ITEM NO. E-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 22, 2014
AGENDA ITEM: Request to authorize execution of an updated contract with the
Unified Human Services Transportation System, Inc. to provide
the CORTRAN services for Roanoke County from July 1, 2014,
through June 30, 2015
SUBMITTED BY:
APPROVED BY:
Laurie L. Gearheart
Assistant Director of Finance
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Unified Human Services Transportation System, Inc., (RADAR) continues to provide the
paratransit services of the County of Roanoke Transportation program (CORTRAN) on
behalf of Roanoke County. This service is offered to County citizens' age sixty (60) and
over and to citizens' who are physically or mentally challenged as defined under the
Americans with Disabilities Act (ADA) requirements. This program provides demand -
responsive, origin to destination transportation services utilizing wheelchair -lift vans during
the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday.
Transportation is provided to any point within the perimeter of Roanoke County including
points within the City of Roanoke, City of Salem and Town of Vinton. Citizens use this
system to go to medical appointments, shopping, work, socialization or other needs.
At the April 8, 2014, work session an overview of the history, administrative changes
implemented, budget and costs, and future budget concerns for the program were
discussed with the Board.
The current contract with RADAR states the service for the CORTRAN program will be
provided at $38 an hour with a surcharge for the cost of gas over two dollars and fifty cents
Page 1 of 2
($2.50) per gallon and expires on June 30, 2014.
A new contract with RADAR effective for the period July 1, 2014 through June 30, 2015,
has been negotiated. The hourly rate will increase to $39 and the surcharge for the cost of
gas will change to two dollars and seventy five cents ($2.75) per gallon, respectively.
FISCAL IMPACT:
The proposed fiscal year 2014-2015 budget includes $420,000 for the CORTRAN program,
which is projected to be sufficient to cover the net cost of the program. Therefore, there is
no new appropriation of monies requested at this time.
STAFF RECOMMENDATION:
Staff recommends authorizing the County Administrator to sign the renewal contractforthe
service of the CORTRAN program to be provided by RADAR based on the $39 hour with
the surcharge for the cost of gas over two dollars and seventy five cents ($2.75) per gallon
for the July 1, 2014 through June 30, 2015, service period.
VOTE:
Supervisor Peters moved to approve the staff recommendation.
Motion approved.
cc: B. Clayton Goodman III, County Administrator
Laurie Gearheart, Assistant Director of Finance
Page 2 of 2
Yes
No
Absent
Ms. Moore
®
❑
❑
Mr. Bedrosian
❑
®
❑
Mr. Church
®
❑
❑
Mr. Peters
®
❑
❑
Mr. McNamara
®
❑
❑
cc: B. Clayton Goodman III, County Administrator
Laurie Gearheart, Assistant Director of Finance
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
ORDINANCE 042214-6 AMENDING ORDINANCE 121112-7 AND
APPROVING AN AMENDMENT TO THE LEASE OF THE BENT
MOUNTAIN COMMUNITY CENTER TO ALLOW THE USE OF
ALCOHOL ON THE LEASED PREMISES
WHEREAS, during the December 11, 2012, meeting the Roanoke County Board
of Supervisors approved a lease with the Bent Mountain Center, Inc., for a portion of the
Bent Mountain Elementary School for use as a community center; and
WHEREAS, the Bent Mountain Center Inc. is a 501C3 organization consisting of
residents of the Bent Mountain community who are interested in preserving the
structure as a community center and will benefit the community; and
WHEREAS, the approved lease prohibits the use of alcoholic beverages at the
Community Center; and
WHEREAS, representatives from the Bent Mountain Center, Inc. requested an
amendment to the lease, which would allow the use of alcoholic beverages at the Bent
Mountain Center.
WHEREAS, the first reading of this ordinance was held on April 8, 2014, and the
second reading and public hearing was held on April 22, 2014.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia as follows:
1. That Section 4. USE OF LEASED PREMISES is hereby amended to
eliminate any reference to the prohibition of the use of alcohol on the Lease premises;
and
Page 1 of 2
2. That the following sentence is added to the last paragraph of Section 4
which reads: That the Roanoke County Board of Supervisors does hereby designates
the Bent Mountain Center as one of Roanoke County owned facilities at which the use
of alcoholic beverages is permitted. This permission is granted in accordance with the
County's "POLICY FOR USE, CONSUMPTION, OR POSSESSION OF ALCOHOLIC
BEVERAGES AT ROANOKE COUNTY FACILITIES". In addition, the County may
require the Tenant to hire an off-duty police officer or private security service to be in
attendance when alcoholic beverages are used at the Bent Mountain Center.
3. That this ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Peters, McNamara
NAYS: Supervisor Bedrosian
A CORY TESTE:
Deb6'Tah C. Jacks ��d
Deputy Clerk to the of Supervisors
cc: B. Clayton Goodman III, County Administrator
Paul M. Mahoney, County Attorney
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
ORDINANCE 042214-7 ACCEPTING AND APPROPRIATING A GRANT
IN THE AMOUNT OF $8,040 FROM THE FOUNDATION FOR
ROANOKE VALLEY TO THE ROANOKE COUNTY POLICE
DEPARTMENT FOR THE SUPPORT OF THE PROJECT LIFESAVER
PROGRAM
WHEREAS, the Foundation for Roanoke Valley has awarded the Roanoke
County Police Department a grant to assist in the purchase of electronic tracking
bracelets, testers and batteries for participants who have been diagnosed with
Alzheimer's or some other form of a cognitive disorder who have a tendency to wander
away from their caregiver; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on April 8, 2014, and the
second reading was held on April 22, 2014; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows..
1. That the sum of $8,040 is hereby accepted and appropriated from the
Foundation for Roanoke Valley to the Roanoke County Police
Department; and
2. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 2
On motion of Supervisor Peters to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Debar'ah C. Jacks v
Deputy Clerk to the Board of Supervisors
cc: Howard B. Hall, Chief of Police
Rebecca Owens, Director of Finance
Brent Robertson, Director of Management and Budget
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
RESOLUTION 042214-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for April 22,
2014, designated as Item K - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 2
inclusive, as follows:
1. Approval of minutes — March 11, 2014
2. Confirmation of appointment to the Roanoke Valley Greenway Commission
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
Deputy Clerk to the Board of Supervisors
Page 1 of 1
ACTION NO. A -042214-8.a
ITEM NO. K-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 22, 2014
AGENDA ITEM: Confirmation of appointment to the Roanoke Valley Greenway
Commission
SUBMITTED BY: Deborah C. Jacks
Deputy Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Roanoke Valley Greenway Commission
During closed session on April 8, it was the consensus of the Board to recommend the
reappointment of Donald Witt for an additional three-year term to expire on April 22,
2017.
VOTE:
Supervisor McNamara moved to approve the staff recommendation.
Motion approved.
Page 1 of 1
Yes
No
Absent
Ms. Moore
®
❑
❑
Mr. Bedrosian
®
❑
❑
Mr. Church
®
❑
❑
Mr. Peters
®
❑
❑
Mr. McNamara
®
❑
❑
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
RESOLUTION 042214-9 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
Page 1 of 2
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Deputy Clerk to the Board of Supervisors
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, APRIL 22, 2014
RESOLUTION 042214-10 OF ENDORSEMENT FOR THE
LANDSCAPING PROJECT AT THE MERRIMAN ROAD ROUNDABOUT
IN ROANOKE COUNTY, VIRGINIA
WHEREAS, T.J.S. Enterprises, Inc. has committed to maintain for five years
landscaping and signage at the Merriman Road Roundabout in Roanoke County,
Virginia; and
WHEREAS, this landscaping and signage project would implement the 2005
Roanoke County Community Plan; and
WHEREAS, these improvement activities fall under the Virginia Department of
Transportation (VDOT) Comprehensive Roadside Management Program; and
WHEREAS, this VDOT program requires the local governing body to hold a
public hearing and adopt a resolution of endorsement prior to project approval by
VDOT; and,
WHEREAS, the Board of Supervisors was briefed on this project in a work
session on April 8, 2014, by County staff and the Board held a public hearing on this
project after advertisement as required by law on April 22, 2014.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, AS FOLLOWS:
1. That the Board finds that this landscaping and signage project at the
Merriman Road Roundabout is consistent with the goals of the 2005 Roanoke
County Community Plan.
Page 1 of 2
2. That the Board of Supervisors accepts the offer of T.J.S. Enterprises, Inc. to
maintain for five (5) years the landscaping and signage at the Merriman Road
Roundabout.
3. That the Board of Supervisors hereby adopts this Resolution of Endorsement
for the landscaping project at the Merriman Road Roundabout, and requests
the Virginia Department of Transportation to approve this project under its
Comprehensive Roadside Management Program.
4. That the Clerk to the Board of Supervisors is directed to send a copy of this
resolution to the Virginia Department of Transportation and to T.J.S.
Enterprises, Inc.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Deborah C. Jacks(./
Deputy Clerk to the Board of Supervisors
cc: Megan Cronise, AICP, Principal Planner
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, APRIL 22, 2014
RESOLUTION 042214-11 OF ENDORSEMENT FOR A LANDSCAPING
PROJECT IN THE WILLIAMSON ROAD MEDIANS BETWEEN
CAMPUS DRIVE AND NORTH BROOK DRIVE IN ROANOKE COUNTY,
VIRGINIA
WHEREAS, Hollins University has committed to maintain for five years new
landscaping and signage in the Williamson Road medians between Campus Drive and
North Brook Drive in Roanoke County, Virginia; and
WHEREAS, this landscaping and signage project would implement the 2005
Roanoke County Community Plan and the 2008 Hollins Area Plan; and
WHEREAS, these improvement activities fall under the Virginia Department of
Transportation (VDOT) Comprehensive Roadside Management Program; and
WHEREAS, this VDOT program requires the local governing body to hold a
public hearing and adopt a Resolution of Endorsement prior to project approval by
VDOT; and,
WHEREAS, the Board of Supervisors was briefed on this project in a work
session on April 8, 2014, by County staff and the Board of Supervisors held a public
hearing on this project after advertisement as required by law on April 22, 2014.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, AS FOLLOWS:
1. That the Board of Supervisors finds that this landscaping and signage project
in the Williamson Road medians between Campus Drive and North Brook
Page 1 of 2
Drive is consistent with the goals of the 2005 Roanoke County Community
Plan and the 2008 Hollins Area Plan.
2. That the Board of Supervisors accepts the offer of Hollins University to install
and maintain for five (5) years the landscaping and signage in the Williamson
Road medians between Campus Drive and North Brook Drive.
3. That the Board hereby adopts this Resolution of Endorsement for the
landscaping project in the Williamson Road medians between Campus Drive
and North Brook Drive, and requests the Virginia Department of
Transportation to approve this project under its Comprehensive Roadside
Management Program.
4. That the Clerk to the Board of Supervisors is directed to send a copy of this
resolution to the Virginia Department of Transportation and to Hollins
University.
On motion of Supervisor Bedrosian to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A (,5PY TESTE:
Deborah C. Jagkt/
Deputy Clerk to a Board of Supervisors
cc: Megan Cronise, AICP, Principal Planner
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
ORDINANCE 042214-12 REPEALING CHAPTER 23. STORMWATER
MANAGEMENT IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER
OF THE ROANOKE COUNTY CODE — CHAPTER 23. STORMWATER
MANAGEMENT ORDINANCE
WHEREAS, the Federal Clean Water Act requires the U. S. Environmental
Protection Agency (EPA) to enact regulations to permit and eliminate pollutants
discharged into the nation's waterways; and
WHEREAS, the EPA has required the states and in the Commonwealth of
Virginia, the Department of Environmental Quality (DEQ) to enforce these regulations;
and
WHEREAS, Roanoke County through the state -mandated programs is required
to lessen the adverse impacts from stormwater runoff from land disturbing activities and
from previous development through the local erosion and sediment control ordinance,
the Virginia Stormwater Management Program (VSMP), Municipal Separate Storm
Sewer System (MS4) Permit, and Total Maximum Daily Load (TMDL) Program; and
WHEREAS, the Commonwealth of Virginia has determined that to increase the
effectiveness of these programs, the administration of the VSMP is being transferred to
the localities and the stormwater management requirements are being completely
revised effective July 1, 2014; therefore, Roanoke County's stormwater ordinance must
be repealed and a new ordinance adopted; and
WHEREAS, since Roanoke County is becoming the local VSMP authority, which
will result in additional plan reviews, field inspections, educational activities,
enforcement actions, and coordination with DEQ; and
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WHEREAS, many of Roanoke County's creeks and streams are listed by DEQ
as impaired and the County has been assigned thirteen (13) different "waste local
allocations" to limit the pollutants entering the County's impaired streams from its storm
sewer system; and
WHEREAS, the County is required through its MS4 permit to reduce these
pollutants over time to satisfy the assigned wasteload allocations; and
and
WHEREAS, this ordinance satisfies the DEQ requirements effective July 1, 2014;
WHEREAS, the first reading of this ordinance was held on April 8, 2014, and the
second reading and public hearing was held on April 22, 2014.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 23. Stormwater Management be, and hereby is, repealed in
its entirety.
2. That a new Chapter 23, entitled "Stormwater Management Ordinance" be,
and hereby is, adopted to read as set out below.
3. That the effective date of this ordinance is July 1, 2014.
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Stormwater Management Ordinance from Chapter 23 of the
County of Roanoke Code
Table of Contents
Introduction...........................................................................................................
Section 23-1 General Provisions..........................................................................
23-1.1 Title and Authority.............................................................................
23-1.2 Purpose.............................................................................................
23-1.3 Applicability.......................................................................................
23-1.4 Compatibility with Other Requirements .............................................
23-1.5 Severability........................................................................................
23-1.6 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities.........................................................................
23-1.7 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities: Grandfathered Projects and Projects subject to the
Provisions of 9VAC25-870-47B.........................................................
23-1.8 Stormwater Management Design Manual .........................................
23-1.9 County Right of Entry ........................................................................
Section 23-2 Definitions........................................................................................
Section 23-3 Program Permit Procedures and Requirements ..........................
23-3.1 Permit Required................................................................................
23-3.2 Permit Application Contents..............................................................
23-3.3 Stormwater Pollution Prevention Plans .............................................
23-3.4 Pollution Prevention Plans.................................................................
23-3.5 Stormwater Management Plans ........................................................
23-3.6 Comprehensive Stormwater Management Plans and Regional
Stormwater Management Facilities ...................................................
23-3.7 Stormwater Management Facility Maintenance Agreements ............
23-3.8 Performance Securities.....................................................................
23-3.9 Fees..................................................................................................
23-3.10 Permit Application Procedure..........................................................
Section 23-4 Exceptions to Stormwater Management Requirements ..............
Section 23-5 Property Owner Responsibilities for Drainage Ways ..................
Section 23-6 Construction Inspection.................................................................
23-6.1 Notice of Construction Commencement ............................................
23-6.2 Periodic Construction Inspection.......................................................
23-6.3 Final Inspection and Record Documentation .....................................
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Section 23-7 Post Construction Inspection, Maintenance and Repair
Of Stormwater Management Facilities ............................................
23-7.1 Maintenance Inspections of Stormwater Management Facilities.......
23-7.2 Records of Inspection, Maintenance and Repair ...............................
Section 23-8 Hearings and Appeals.....................................................................
23-8.1 Hearings............................................................................................
23-8.2 Appeals.............................................................................................
Section 23-9 Enforcement and Penalties............................................................
23-9.1 Violations...........................................................................................
23-9.2 Notice of Violation.............................................................................
23-9.3 Stop Work Orders..............................................................................
23-9.4 Civil and Criminal Penalties...............................................................
23-9.5 Restoration of Lands.........................................................................
23-9.6 Holds on Certificate of Occupancy ....................................................
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Chapter 23
Stormwater Management Ordinance
County of Roanoke, Virginia
INTRODUCTION
The County of Roanoke is home to a vast array of scenic natural resources, from the
mountains that span our landscape to the streams that flow through our valleys. This
picturesque environment has embraced generations of citizens while drawing in more
newcomers every year. The continual increase in population aids in the growth and
development of this area, improving jobs and enhancing economic stability. Yet,
intensive development can degrade the beautiful natural resources that make the
County so special.
Inadequate management of stormwater runoff from land -disturbing activities and
development in watersheds increases flood flows and velocities, erodes and/or silts
stream channels, pollutes water, overloads existing drainage facilities, undermines
floodplain management in downstream communities, reduces groundwater recharge,
and threatens public safety. More specifically, surface water runoff can carry pollutants
into receiving waters.
The Roanoke River and many of its tributaries inside the County are listed as impaired
waters by the Virginia Department of Environmental Quality (DEQ).
Many future problems can be avoided through proper stormwater management, and the
County is dedicated to preventing the damaging effects that uncontrolled stormwater
may present. The lands and waters of Roanoke County are valuable natural resources
that need to be protected. The County finds that it is in the public interest to establish a
stormwater management program.
Pursuant to Code § 62.1-44.15:27, this ordinance is part of an initiative to integrate the
County of Roanoke's stormwater management requirements with the County of
Roanoke's erosion and sediment control (Chapter 8.1) and floodplain management
(Section 30-74) requirements into a unified stormwater program. The unified
stormwater program is intended to facilitate the submission and approval of plans,
issuance of permits, payment of fees, and coordination of inspection and enforcement
activities into a more convenient and efficient manner for both the County of Roanoke
and those responsible for compliance with these programs.
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SECTION 23-1
GENERAL PROVISIONS
Section 23-1.1 TITLE AND AUTHORITY
A. This ordinance shall be known as the "Stormwater Management Ordinance of the
County of Roanoke, Virginia."
B. Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Roanoke
hereby establishes a Virginia Stormwater Management Program (VSMP) for
land -disturbing activities and adopts the applicable Regulations that specify
standards and specifications for VSMPs promulgated by the State Water Control
Board (State Board) for the purposes set out in Section 23-1.2 of this ordinance.
The County of Roanoke hereby designates the Director of Community
Development as the Administrator of its Virginia Stormwater Management
Program.
Section 23-1.2 PURPOSE
The purpose of this ordinance is to promote and protect the general health, safety, and
welfare of the citizens of the County and to protect property, state waters, stream
channels, and other natural resources from the potential harm of unmanaged
stormwater, and to establish requirements whereby stormwater is managed to protect
water quality and downstream property owners.
This ordinance provides the framework for the administration, implementation, and
enforcement of the provisions of the Virginia Stormwater Management Act (VSMA) and
delineates the procedures and requirements to be followed in connection with the
permits issued by the Administrator.
Section 23-1.3 APPLICABILITY
A. Except as provided herein, no person may engage in any land -disturbing activity
until a permit has been issued by the Administrator in accordance with the
provisions of this ordinance.
B. A stormwater management plan, or an agreement in lieu of a stormwater
management plan, shall be reviewed and approved by the Administrator prior to
permit issuance.
C. Notwithstanding any other provisions of this ordinance, the following activities
are exempt, unless otherwise required by federal law:
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1. Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45.1;
2. Clearing of lands specifically for agricultural purposes and the
management, tilling, planting, or harvesting of agricultural, horticultural, or
forest crops, livestock feedlot operations, or as additionally set forth by the
State Water Control Board in regulations, 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 (§ 10.1-1100 et seq.) or is
converted to bona fide agricultural or improved pasture use, as described
in subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of
the Code of Virginia;
3. Single-family residences separately built and disturbing less than one acre
and not part of a larger common plan of development or sale, including
additions or modifications to existing single-family residential structures;
4. Other land disturbing activities that disturb less than one acre of land area,
except land disturbing activities that are part of a larger common plan of
development or sale that is one acre or greater of disturbance;
5. Discharges to a sanitary sewer or a combined sewer system;
6. Activities under a state or federal reclamation program to return an
abandoned property to an agricultural or open land use;
7. Routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original construction of the project. The
paving of an existing road with a compacted or impervious surface and
reestablishment of existing associated ditches and shoulders shall be
deemed routine maintenance performed in accordance with this
subsection; and
8. Conducting land -disturbing activities in response to a public emergency
where the related work requires immediate authorization to avoid
imminent endangerment to human health or the environment. In such
situations, the Administrator shall be advised of the disturbance within
seven days of commencing the land -disturbing activity and compliance
with the administrative requirements of subsection A is required within 30
days of commencing the land -disturbing activity.
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D. The provisions of this Chapter shall not be applicable within the limits of the
Town of Vinton.
Section 23-1.4 COMPATABILITY WITH OTHER REQUIREMENTS
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, stature, or other provision of law. The requirements of this ordinance
should be considered minimum requirements, and where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule or
regulation, or other provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall apply.
Section 23-1.5 SEVERABILITY
If the provisions of any article, section, subsection, paragraph, subdivision or clause of
this ordinance shall be judged invalid by a court of competent jurisdiction, such order of
judgment shall not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this ordinance.
Section 23-1.6 STORMWATER MANAGEMENT TECHNICAL CRITERIA FOR
REGULATED LAND DISTURBING ACTIVITIES
The County hereby adopts the technical criteria for regulated land -disturbing activities
set forth in Part IIB of the Regulations, as amended, expressly to include 9VAC25-870-
62 [applicability]; 9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-
870-65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69
[offsite compliance options]; 9VAC25-870-72 [design storms and hydrologic methods;
9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76 [linear development projects];
9VAC25-870-85 [stormwater management impoundment structures or facilities]; and
9VAC25-870-92 [comprehensive stormwater management plans], which shall apply to
all land disturbing activities regulated pursuant to this ordinance, except as expressly
set forth in section 23-1.7 of this ordinance.
Section 23-1.7 STORMWATER MANAGEMENT TECHNICAL CRITERIA FOR
REGULATED LAND DISTURBING ACTIVITIES: GRANDFATHERED PROJECTS
AND PROJECTS SUBJECT TO THE PROVISIONS OF 9VAC25-870-47B
A. The County hereby adopts the technical criteria for regulated land -disturbing
activities set forth in Part IIC of the Regulations, as amended, expressly to
include 9VAC25-870-93 [definitions]; 9VAC25-870-94 [applicability]; 9VAC25-
870-95 [general]; 9VAC25-870- 96 [water quality]; 9VAC25-870-97 [stream
channel erosion]; 9VAC25-870-98 [flooding]; and 9VAC25-870-99 [regional
(watershed -wide) stormwater management plans], which shall only apply to all
land disturbing activities regulated pursuant to this section.
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B. Any land -disturbing activity shall be considered grandfathered and shall be
subject to the Part II C technical criteria of the Regulations, provided:
A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan, or any
document determined by the locality to be equivalent thereto (i) was
approved by the locality prior to July 1, 2012, (ii) provided a layout as
defined in 9VAC25-870-10 and section 23-2, (iii) will comply with the Part
II C technical criteria of the VSMP Regulation, and (iv) has not been
subsequently modified or amended in a manner resulting in an increase in
the amount of phosphorus leaving each point of discharge, and such that
there is no increase in the volume or rate of runoff;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
C. County, state, and federal projects shall be considered grandfathered and shall
be subject to the Part II C technical requirements of the Regulations, provided:
1. There has been an obligation of county, state, or federal funding, in whole
or in part, prior to July 1, 2012, or the Department has approved a
stormwater management plan prior to July 1, 2012;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
D. Land disturbing activities grandfathered under subsections B and C of this
section shall remain subject to the Part II C technical criteria of the Regulations
for one additional state permit cycle. After such time, portions of the project not
under construction shall become subject to the technical criteria in effect at that
time.
E. In cases where governmental bonding or public debt financing has been issued
for a project prior to July 1, 2012, such project shall be subject to the technical
requirements of the Part II C technical criteria of the Regulations.
F. Land disturbing activities that obtain general permit coverage or commence land
disturbance prior to July 1, 2014, shall be conducted in accordance with the Part
II C technical criteria of the Regulations and Roanoke County's local stormwater
management requirements that were in effect at the time of receiving general
permit coverage or commencing land disturbance. Such projects shall remain
subject to these requirements for an additional two general permit cycles, if
general permit coverage is maintained. After that time, portions of the project,
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not under construction, shall become subject to the technical criteria in effect at
that time.
G. An operator may choose to decline grandfather status and to instead comply with
the technical requirements of section 23-1.6 of this ordinance. Nothing in this
section shall preclude an operator from constructing to a more stringent standard
at his discretion.
Section 23-1.8 STORMWATER MANAGEMENT DESIGN MANUAL
A. The County will utilize the policies, criteria and information contained within the
County Stormwater Management Design Manual for proper implementation of
the requirements of this ordinance.
B. The County Stormwater Management Design Manual may be updated and
revised from time to time. The Administrator shall recommend any updates,
supplements, or modifications of the County Stormwater Management Design
Manual subject to the authorization and approval by the Board of Supervisors by
resolution.
Section 23-1.9 COUNTY RIGHT OF ENTRY
A. The Administrator and/or duly authorized employees, agents, or representatives
of the County, bearing proper credentials and identification, may, at any
reasonable times and under reasonable circumstance, enter any establishment
or upon any property, public or private, which has a VSMP permit or a
maintenance agreement, for the purpose of enforcing this ordinance, including,
but not limited to:
Obtaining information or conducting surveys or investigations;
2. Taking samples of discharges;
3. Inspecting monitoring equipment;
4. Inspecting and copying documents relevant to the enforcement of this
ordinance;
5. Initiating or maintaining appropriate actions which are required by the
permit conditions associated with a land -disturbing activity when a
permittee, after proper notice, has failed to take acceptable action within
the time specified;
6. Inspecting stormwater management facilities or other BMPs or to initiate
or maintain appropriate actions which are required to restore proper
stormwater management facility or other BMP operation when a land
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owner, after proper notice, has failed to take acceptable action within the
time specified;
7. And such other items as may be deemed necessary for the enforcement
of this ordinance.
B. If the Administrator has cause to believe an activity regulated under this
ordinance is occurring without a VSMP permit, or if the person in charge of
the property refuses to allow the Administrator to enter in accordance with
subsection A, then the Administrator may present sworn testimony to a
magistrate or court of competent jurisdiction and request the issuance of an
inspection warrant to enter the property for the purpose of making such
inspection and investigation. The Administrator shall make a reasonable
effort to obtain consent from the owner or person in charge of the property
prior to seeking the issuance of an inspection warrant under this section.
SECTION 23-2
DEFINITIONS
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater
Management Regulations, as amended, which are expressly adopted and incorporated
herein by reference, the following words and terms used in this ordinance have the
following meanings, unless otherwise specified herein. Where definitions differ, those
incorporated herein shall have precedence.
"Administrator" means the VSMP authority responsible for administering the VSMP on
behalf of the County of Roanoke. The Administrator shall be the Director of Community
Development and any duly authorized agent of the Director of Community
Development, or the person designated by the County Administrator to administer this
ordinance on behalf of the County.
"Agreement in lieu of a Stormwater Management Plan" means a contract between
the VSMP authority and the owner or permittee that specifies methods that shall be
implemented to comply with the requirements of a VSMP for the construction of a
single-family residence; such contract may be executed by the VSMP authority in lieu of
a stormwater management plan.
"Applicant" means any person submitting an application for a permit or requesting
issuance of a permit under this Ordinance.
"Best Management Practice or BMP" means schedules of activities, prohibitions of
practices, including both a structural or nonstructural practice, maintenance procedures,
and other management practices to prevent or reduce the pollution of surface waters
and groundwater systems from the impacts of land -disturbing activities.
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"Clean Water Act or CWA" means the federal Clean Water Act (33 United States
Code 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law
97-117, or any subsequent revisions thereto.
"Common plan of development or sale" means a contiguous area where separate
and distinct construction activities may be taking place at different times on different
schedules.
"Control measure" means any best management practice or other method used to
prevent or reduce the discharge of pollutants to surface waters.
"County" means the County of Roanoke, Virginia.
"Department" means the Department of Environmental Quality.
"Development" means land disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation
or utility facilities or structures or the clearing of land for non-agricultural or non-
silvicultural purposes.
"Executed Development Agreements" means documents that are executed by the
applicant and County that implements the various sureties.
"Fee in lieu" means a payment of money to the County for the use of a regional
stormwater management facility in place of meeting all or part of the stormwater
performance standards required by this Ordinance on the site.
"General permit" means the state permit titled GENERAL PERMIT FOR
DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in
Part XIV (9VAC25-880-1 et seq.) of the Regulations authorizing a category of
discharges under the CWA and the Act within a geographical area of the
Commonwealth of Virginia.
"Illicit discharge" means any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, except discharges pursuant to a VPDES or VSMP
permit (other than the VSMP permit for discharges from the municipal separate storm
sewer), discharges resulting from firefighting activities, and discharges identified by and
in compliance with 9VAC25-870-400 D 2 c (3).
"Land disturbance" or "Land -disturbing activity" means a manmade change to the
land surface that potentially changes its runoff characteristics including any clearing,
grading, or excavation, except that the term shall not include those exemptions
specified in Section 23-1.3 of this Ordinance.
Page 12 of 37
"Layout" means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
"Minor modification" means an amendment to an existing general permit before its
expiration not requiring extensive review and evaluation including, but not limited to,
changes in EPA promulgated test protocols, increasing monitoring frequency
requirements, changes in sampling locations, and changes to compliance dates within
the overall compliance schedules. A minor general permit modification or amendment
does not substantially alter permit conditions, substantially increase or decrease the
amount of surface water impacts, increase the size of the operation, or reduce the
capacity of the facility to protect human health or the environment.
"Municipal separate storm sewer" means a conveyance or system of conveyances
otherwise known as a municipal separate storm sewer system or "MS4," including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-
made channels, or storm drains:
1. Owned or operated by Roanoke County;
2. Designed or used for collecting or conveying stormwater;
3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment works.
"Municipal separate storm sewer system" or "MS4" means all municipal separate
storm sewers that are located within the portion of the County that is identified as
"urbanized" by the U.S. Bureau of the Census in the latest Decennial Census.
"Municipal Separate Storm Sewer Management Program" or "MS4 Program"
means a management program covering the duration of a permit for a municipal
separate storm sewer system that includes a comprehensive planning process that
involves public participation and intergovernmental coordination, to reduce the
discharge of pollutants to the maximum extent practicable, to protect water quality, and
to satisfy the appropriate water quality requirements of the CWA and regulations and
the Act and attendant regulations, using management practices, control techniques, and
system design and engineering methods, and such other provisions that are
appropriate.
"Off-site facility" means a stormwater management measure located outside the
subject property boundary described in the permit application for land -disturbing activity.
"Operator" means the owner or operator of any facility or activity subject to regulation
under this Ordinance.
"Permit or VSMP Authority Permit" means an approval to conduct a land disturbing
activity issued by the Administrator for the initiation of a land -disturbing activity, in
accordance with this Ordinance, which may only be issued after evidence of general
permit coverage has been provided by the Department.
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"Permittee" means the person to whom the VSMP Authority permit is issued.
"Person" means any individual, corporation, partnership, firm, association, joint
venture, public or private or municipal corporation, trust, estate, commission, board,
public or private institution, utility, cooperative, county, city, town or other political
subdivision of the Commonwealth, any interstate or governmental body, or any other
legal entity, or any agent or employee of any such person.
"Regional stormwater management facility" or "Regional facility" means a facility
or series of facilities designed to control some or all of the adverse impacts from
stormwater runoff from two or more parcels or lots, located in the same watershed,
although only portions of the area may experience development.
"Regulations" means the Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9VAC25-870-10 et seq., as amended.
"Site" means the land or water area where any facility or land -disturbing activity is
physically located or conducted, including adjacent land used or preserved in
connection with the facility or land -disturbing activity.
"State" means the Commonwealth of Virginia.
"State Board" means the State Water Control Board.
"State Permit" means an approval to conduct a land -disturbing activity issued by the
State Board in the form of a state stormwater individual permit or coverage issued under
a state general permit or an approval issued by the State Board for stormwater
discharges from an MS4. Under these state permits, the Commonwealth imposes and
enforces requirements pursuant to the federal Clean Water Act and regulations, the
Virginia Stormwater Management Act and the Regulations.
"State Water Control Law" means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the
Code of Virginia (1950), as amended.
"State waters" means all water, on the surface and under the ground, wholly or
partially within or bordering the Commonwealth or within its jurisdiction, including
wetlands.
"Stormwater" means precipitation that is discharged across the land surface or
through conveyances to one or more waterways and that may include stormwater
runoff, snow melt runoff, and surface runoff and drainage.
"Stormwater facility maintenance agreement" means a legally binding agreement
between the owner of a property and the County regarding long-term maintenance of
stormwater management facilities.
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"Stormwater Management Facility" or "SWMF" means a device that controls
stormwater runoff and changes the characteristics of that runoff including, but not
limited to, the volume, rate of flow, quality, the period of release, or the velocity of flow.
"Stormwater management plan" means a document(s) containing material fef
describing methods for complying with the requirements of Section 23-3.5 of this
Ordinance.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is
prepared in accordance with good engineering practices and that identifies potential
sources of pollutants that may reasonably be expected to affect the quality of
stormwater discharges from the construction site, and otherwise meets the
requirements of this Ordinance. In addition, the document shall identify and require the
implementation of control measures, and shall include, but not be limited to the inclusion
of, or the incorporation by reference of, an approved erosion and sediment control plan,
an approved stormwater management plan, and a pollution prevention plan.
"Subdivision" means the division of a parcel of land into two (2) or more parcels of any
size by the establishment of new boundaries lines or by the adjustment, relocation, or
vacation of existing boundary lines, for the purpose whether immediate or future, of
transfer of ownership or building development. A subdivision includes all changes in
street or lot lines, and any portion of any such subdivision previously recorded in which
building development or street creation occurs, or is required, subsequent to such
recordation. The transfer of ownership of land to the Commonwealth of Virginia or a
political subdivision thereof and the division of lands by court order or decree shall not
be deemed a subdivision as otherwise herein defined.
"Total Maximum Daily Load" or "TMDL" means the sum of the individual wasteload
allocations for point sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of either mass per
time, toxicity, or other appropriate measures. The TMDL process provides for point
versus nonpoint source trade-offs.
"Town" means the incorporated Town of Vinton.
"Virginia Stormwater Management Act" or "Act" means Article 2.3 (§ 62.1-44.15:24
et seq.) of Chapter3.1 of Title 62.1 of the Code of Virginia.
"Virginia Stormwater BMP Clearinghouse website" means a website that contains
detailed design standards and specifications for control measures that may be used in
Virginia to comply with the requirements of the Virginia Stormwater Management Act
and associated regulations.
"Virginia Stormwater Management Program" or "VSMP" means a program
approved by the State Board after September 13, 2011, that has been established by a
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locality to manage the quality and quantity of runoff resulting from land -disturbing
activities and shall include such items as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical materials, and
requirements for plan review, inspection, and enforcement, where authorized in this
Ordinance, and evaluation consistent with the requirements of this Ordinance and
associated regulations.
"Virginia Stormwater Management Program authority" or VSMP authority" means
an authority approved by the State Board after September 13, 2011, to operate a
Virginia Stormwater Management Program. For the purpose of this Ordinance,
Roanoke County is the VSMP Authority.
SECTION 23-3
PROGRAM PERMIT PROCEDURES AND REQUIREMENTS
Section 23-3.1 PERMIT REQUIRED
A. No grading, building, or other local permit will be issued for a property until a
VSMP authority permit has been issued by the Administrator, unless the activity
is specifically exempted from VSMP permitting by this Ordinance.
B. No VSMP authority permit will be issued unless and until the permit application
and attendant materials and supporting documentation demonstrate that all land
clearing, construction, disturbance, land development and drainage will be done
according to the requirements of this Ordinance, including an approved erosion
and sediment control plan; and an approved stormwater management plan or an
executed agreement in lieu of a stormwater management plan.
C. No VSMP authority permit will be issued without the general permit registration
statement except that construction activity involving a single-family detached
residential structure, within or outside of a common plan of development or sale
does not require a permit registration statement. Construction activities involving
a single-family detached residential structure, within or outside of a common plan
of development or sale, shall comply with the requirements of the General
Permit.
Section 23-3.2 PERMIT APPLICATION CONTENTS
A. Unless specifically exempted by this Ordinance, any land owner or operator
desiring a permit for a land disturbance activity shall submit to the County a
permit application on a form provided by the County for that purpose. Permit
applications shall comply with the requirements contained within the County
Stormwater Management Design Manual that is available from the Department of
Community Development office.
Page 16 of 37
B. No VSMP authority permit shall be issued by the Administrator, until the following
items have been submitted to and approved by the Administrator as prescribed
herein.
A permit application that includes a fully -executed general permit
registration statement, except that construction activity involving a single-
family detached residential structure, within or outside of a common plan
of development or sale does not require a permit registration statement;
2. An erosion and sediment control plan approved in accordance with the
County Erosion and Sediment Control Ordinance [Chapter 8.1];
3. A stormwater management plan, or agreement in lieu of a stormwater
management plan, that meets the requirements of Section 23-3.5;
4. Maintenance agreement in accordance with Section 23-3.7;
5. Performance bonds in accordance with Section 23-3.8;
6. Fees in accordance with Section 23-3.9; and,
7. Executed Development Agreements.
C. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the Administrator may
require every VSMP authority permit applicant or permittee, or any such person
subject to VSMP authority permit requirements under this Ordinance, to furnish,
when requested, such application materials, plans, specifications, and other
pertinent information as may be necessary to determine the effect of the
permittee's discharge on the quality of state waters, or such other information as
may be necessary to accomplish the purposes of this Ordinance.
Section 23-3.3 STORMWATER POLLUTION PREVENTION PLANS
A. The Stormwater Pollution Prevention Plan (SWPPP) required by the general
permit, shall comply with the requirements set forth in 9VAC25-870-54 and shall
also comply with the requirements and general information set forth in Section
9VAC25-880-70, Section II [stormwater pollution prevention plan] of the general
permit.
The SWPPP shall include:
1. An approved erosion and sediment control plan;
2. An approved stormwater management plan, or agreement in lieu of
a stormwater management plan;
3. A pollution prevention plan for regulated land disturbing activities;
and
4. Description of any additional control measures necessary to
address a TMDL.
Page 17 of 37
B. The SWPPP shall be amended, by the operator, whenever there is a change in
design, construction, operation, or maintenance that has a significant effect on
the discharge of pollutants to state waters, which is not addressed by the existing
SWPPP.
C. The SWPPP shall be maintained at a central location onsite. If an onsite location
is unavailable, notice of the SWPPP's location must be posted near the main
entrance at the construction site. Operators shall make the SWPPP available for
public and County review in accordance with Section II of the general permit,
either electronically or in hard copy.
Section 23-3.4 POLLUTION PREVENTION PLANS
A. A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed,
implemented, and updated as necessary and must detail the design, installation,
implementation, and maintenance of effective pollution prevention measures to
minimize the discharge of pollutants.
B. At a minimum, such measures must be designed, installed, implemented, and
maintained to:
Minimize the discharge of pollutants from equipment and vehicle washing,
wheel wash water, and other wash waters. Wash waters must be treated in a
sediment basin or alternative control that provides equivalent or better
treatment prior to discharge;
2. Minimize the exposure of all materials, including, but not limited to building
materials, building products, construction wastes, trash, landscape materials,
fertilizers, pesticides, herbicides, detergents, sanitary waste, and other
materials present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
C. The pollution prevention plan shall include effective best management practices
to prohibit the following discharges:
1. Wastewater from washout of concrete, unless managed by an appropriate
control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils,
curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
Page 18 of 37
D. The pollution prevention plan shall prohibit discharges from dewatering activities,
including discharges from dewatering of trenches and excavations, unless
managed by appropriate controls.
Section 23-3.5 STORMWATER MANAGEMENT PLANS
A. No application for land -disturbing activity will be approved unless it includes a
stormwater management plan or agreement in lieu of a stormwater management
plan, as required by this Ordinance, detailing how runoff and associated water
quality impacts resulting from the activity will be controlled or managed.
B. Submittal, review, approval, and resubmittal of stormwater management plans,
and agreements in lieu of stormwater management plans shall comply with the
requirements set forth in this Ordinance and the County Stormwater
Management Design Manual.
C. The stormwater management plan shall apply the stormwater management
technical criteria set forth in Section 23-1.6 of this Ordinance to the entire land -
disturbing activity. Individual lots in new residential, commercial, or industrial
developments shall not be considered to be separate land -disturbing activities.
D. A stormwater management plan that is approved for a residential, commercial, or
industrial subdivision shall govern the development of the individual parcels,
including those parcels developed under subsequent owners
E. The stormwater management plan must consider all sources of surface runoff
and all sources of subsurface and groundwater flows converted to surface runoff.
F. If an operator intends to meet the water quality and/or quantity requirements set
forth in 9VAC25-870-63 or 9VAC25-870-66 through the use of off-site
compliance options, where applicable, then a letter of availability from the off-site
provider must be included. Approved off-site options must achieve the necessary
nutrient reductions prior to the commencement of the applicant's land -disturbing
activity except as otherwise allowed by §62.1-44.15:35 of the Code of Virginia.
G. Elements of the stormwater management plans that include activities regulated
under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be
appropriately sealed and signed by a professional registered in the
Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4
of Title 54.1 of the Code of Virginia.
H. Where a stormwater management plan is required, a construction record drawing
for permanent stormwater management facilities shall be submitted to the
Administrator and approved prior to the release of bonds. The construction
record drawing shall be appropriately sealed and signed by a professional
registered in the Commonwealth, certifying that the stormwater management
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facilities have been constructed in compliance with the approved plan.
Stormwater management facilities include all storm drain structures, storm drain
pipes, culverts, open channels, BMPs, and all other facilities used to convey,
control, or treat stormwater runoff.
The stormwater management plan shall include the following information:
1. Information on the type and location of stormwater discharges; information
on the features to which stormwater is being discharged including surface
waters or karst features, if present, and the pre -development and post -
development drainage areas;
2. Contact information including the name, address, and telephone number
of the owner and the tax reference number and parcel number of the
property or properties affected;
3. A narrative that includes a description of current site conditions and final
site conditions;
4. A general description of the proposed stormwater management facilities
and the mechanism through which the facilities will be operated and
maintained after construction is complete;
5. Information on the proposed stormwater management facilities, including:
(i) The type of facilities;
(ii) Location, including geographic coordinates;
(iii) Acres treated; and
(iv) Surface area, volume, depth, and width of facilities, if applicable;
(v) The surface waters or karst features, if present, into which the
facility will discharge ;and
(vi) The Hydrologic Unit Code (HUC) into which the facilities drain.
6. Hydrologic and hydraulic computations, including runoff characteristics;
7. Documentation and calculations verifying compliance with the water
quality and quantity requirements.
8. A map or maps of the site that depicts the topography of the site and
includes:
(i) All contributing drainage areas;
(ii) Existing streams, ponds, culverts, ditches, wetlands, other water
bodies, and floodplains;
(iii) Soil types, geologic formations if karst features are present in the
area, forest cover, and other vegetative areas;
Page 20 of 37
(iv) Current land use, including existing structures, roads, and locations
of known utilities and easements;
(v) Sufficient information (such as grades) on adjoining parcels to
assess the impacts of stormwater from the site on these parcels;
(vi) The limits of clearing and grading, and the proposed drainage
patterns on the site;
(vii) Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(viii) Proposed land use with tabulation of the percentage of surface
area to be adapted to various uses, including but not limited to
planned locations of utilities, roads, and easements.
J. An agreement in lieu of stormwater management plan shall conform to the
Regulations and the County Stormwater Management Design Manual.
Section 23-3.6 COMPREHENSIVE STORMWATER MANAGEMENT PLANS AND
REGIONAL STORMWATER MANAGEMENT FACILITIES
A. The County may develop comprehensive stormwater management plans in
accordance with 9VAC25-870-92 as a means to more effectively and efficiently
address water quality objectives, quantity objectives, or both; through the
implementation of regional stormwater management facilities.
B. Once a comprehensive stormwater management plan is adopted by the County
and approved by the Director of the Virginia Department of Environmental
Quality, it is enforceable under this Ordinance.
C. Stormwater management plans for land disturbing activities located in areas that
have a comprehensive stormwater management plan, adopted by the County,
and approved by the Director of the Virginia Department of Environmental
Quality, shall comply with the requirements of the comprehensive stormwater
management plan.
D. If a proposed regulated land -disturbing activity is located in a watershed that has
a regional stormwater management facility currently constructed, and if the
regional stormwater management facility is in accordance with a comprehensive
stormwater management plan, the County shall have the option to require the
payment of a fee -in -lieu of providing a portion or all of the proposed regulated
land -disturbing activities stormwater management requirements. The fee -in -lieu
shall be based on the reasonable proportion of stormwater impacts from the
proposed regulated land -disturbing activity compared to the total stormwater
impacts that the regional stormwater management facility is designed to mitigate,
multiplied by the total estimated project costs. The reasonable proportion of
project costs shall be solely determined by the County. Project costs include, but
are not limited to, the costs of land, professional services for investigations,
studies, design, environmental permitting, surveying, construction phase
Page 21 of 37
services, legal services, and construction. Project costs may also include County
staff costs for project development, design, construction, permitting, oversight, or
other project activities; and other direct costs. Project costs shall also include the
present value of the estimated operation and maintenance costs for the next
20years, if the County is responsible for the regional stormwater management
facility's operation and maintenance.
E. The County and any other party (ies) may mutually agree to share the costs of a
regional stormwater management facility, in the absence of a comprehensive
stormwater management plan. The fee -in -lieu shall be based on project costs
apportioned to each party in reasonable proportion of each party's contribution to
the total stormwater impacts that the regional stormwater management facility is
designed to mitigate, as mutually negotiated.
Section 23-3.7 STORMWATER MANAGEMENT FACILITY MAINTENANCE
AGREEMENTS
A. Maintenance of all stormwater management facilities shall be ensured through
the creation of a formal maintenance agreement that is executed by the property
owner and submitted prior to plan approval and recorded by the County in the
County land records prior to permit termination. The maintenance agreement
shall be binding on all subsequent property owners.
B. The property owner of the site shall execute an access easement agreement,
prior to plan approval, to provide for access to stormwater management facilities
at reasonable times for periodic inspection by the County, or their contractor or
agent, to ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this Ordinance. The
easement agreement shall be recorded in the County land records by the County
and it shall be binding on all subsequent property owners.
C. A stormwater management facility that serves more than one parcel shall be
located on its own, separate parcel. The land owners of each parcel served by
the stormwater management facility shall be jointly and severally responsible for
the maintenance of the stormwater management facility through a formal
maintenance agreement with the County.
D. Responsibility for the operation and maintenance of stormwater management
facilities, unless assumed by a governmental agency, shall remain with the
property owner and shall pass to any successor or owner. If portions of the land
are to be sold, legally binding arrangements, acceptable to the County, shall be
made to pass the responsibility to successors in title. These arrangements shall
designate for each land owner, governmental agency, or other legally established
entity to be permanently responsible for maintenance.
Page 22 of 37
E. As part of the maintenance agreement, a schedule shall be developed identifying
anticipated routine maintenance, to be performed by the property owner, needed
for proper function of the stormwater management facility. The maintenance
agreement shall also include a schedule for periodic inspections, to be performed
by the property owner, to ensure proper performance of the facility between
scheduled routine maintenance activities, and it shall require repairs when
needed for proper function of the SWMF. The maintenance agreement shall
require that the property owner document routine maintenance, repair, and
periodic inspection activities, maintain said documentation for five (5)years, and
submit said documentation to the County, if requested.
F. The maintenance agreement shall also include "failure to maintain" provisions.
In the event that maintenance or repair is neglected, or the stormwater
management facility becomes a danger to public health, safety, or the
environment, the County reserves the authority to perform the necessary
maintenance or repair work and to recover the costs from the property owner.
Nothing in this Ordinance shall be construed to mean that the County has the
responsibility to maintain privately -owned SWMFs.
G. Prior to the release of the performance security or bond, the developer shall
either (1) transfer the maintenance responsibilities of the stormwater
management facilities to a Home Owners Association or (2) provide the County
with a maintenance security.
1. Requirements for Transfer of Maintenance Responsibilities to the Home
Owners Association (HOA)
i. Submission of acceptable record drawings.
ii. Acceptable final inspection of the stormwater management facility
by the County.
iii. Transfer of the necessary property to the HOA.
iv. Organize and hold a meeting attended by the developer, the
County and members of the HOA. Provide evidence to the County
that each member of the HOA was provided prior notice of the
meeting. The meeting shall be held at a place and time convenient
for members of the HOA.
v. Provide a copy of the recorded documents establishing the Home
Owners Association to the County.
vi. Provide the County with evidence that the Home Owners
Association is funded. Minimum funding shall be based on the
following schedule:
1-20 lots = $1,000
21-50 lots = $1,500
51 and over = $1500 + $30 per lot over 50
Page 23 of 37
2. Requirements for Posting Maintenance Security.
i. The County shall require a maintenance guaranty in the amount of
twenty (20%) percent of the construction costs of the stormwater
management facility.
ii. The maintenance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain appropriate actions which may
be required of the permittee in accordance with the approved
stormwater management plan.
iii. If the County takes such action upon such failure by the permittee,
the County may collect from the permittee the difference should the
amount of the reasonable cost of such action exceed the amount of
the security held.
iv. The maintenance agreement and security will be the responsibility
of the permittee or owner until such time as the permittee or owner
provides the County with the necessary requirements for Transfer
of Maintenance Responsibilities to the Home Owners Association
as outlined above in (1).
Section 23-3.8 PERFORMANCE SECURITIES
A. The County may, at its discretion, require the submittal of a performance security
or bond with surety, cash escrow, letter of credit, or other acceptable legal
arrangement, all of which shall be in a form approved by the County, prior to plan
approval, in order to ensure that the stormwater practices are installed by the
permittee, as required by the approved stormwater management plan.
B. Until July 1, 2017, the amount of the performance security shall be the total
estimated construction cost of the storm drainage systems and stormwater
management facilities approved under the permit, plus 10% contingency. After
July 1, 2017, the amount of the performance security shall be the total estimated
construction cost of the storm drainage systems and stormwater management
facilities approved under the permit, plus 25% contingency. The amount of
contingency is in accordance with Title 15.2, Chapter 22, Article 41 (§ 15.2-2241
et seq.) of the Code of Virginia (1950), as amended.
C. The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain
appropriate actions which may be required of the permittee in accordance with
the approved stormwater management plan.
D. If the County takes such action upon such failure by the permittee, the County
may collect from the permittee the difference should the amount of the
reasonable cost of such action exceed the amount of the security held.
Page 24 of 37
E. Within 60 days of the completion of the requirements of the permit conditions,
including request for permit termination by the operator, such bond, cash escrow,
letter of credit, or other legal arrangement, or the unexpended or unobligated
portion thereof, will be refunded to the permittee or terminated.
Section 23-3.9 FEES
A. Fees to cover costs associated with implementation of a VSMP related to land
disturbing activities and issuance of general permit coverage and VSMP authority
permits shall be imposed in accordance with the appropriate fee schedule
established, updated and revised from time to time by the County Board of
Supervisors by resolution. VSMP costs include County costs associated with
stormwater management plan review, VSMP registration statement review,
permit issuance, state -coverage verification, inspections, reporting, and
compliance activities associated with land -disturbing activities, as well as state
program oversight costs.
B. Fees for providing coverage under the General Permit for Discharges of
Stormwater from Construction Activities shall be imposed in accordance with the
appropriate fee schedule established, updated and revised from time to time by
the County Board of Supervisors by resolution. Fifty percent (50%) of the total
fee shall be paid by the applicant at the time that a stormwater management
plan, or agreement in lieu of a stormwater management plan, is submitted for
review. The remaining total fee is to be paid by the applicant prior to issuance of
coverage under the General Permit for Discharges of Stormwater from
Construction Activities.
C. When a site or sites has been purchased for development within a previously
permitted common plan of development or sale, the applicant shall be subject to
fees in accordance with the disturbed acreage of their site or sites according to
the fee schedule established, revised and updated from time to time by the
County Board of Supervisors by resolution.
D. Fees for the modification or transfer of registration statements from the general
permit issued by the State Board shall be imposed in accordance with the fee
schedule established, revised and updated from time to time by the County
Board of Supervisors by resolution. If the permit modifications result in changes
to stormwater management plans that require additional review by the County,
such reviews shall be subject to the fee schedule established by the County
Board of Supervisors, as amended. The fee assessed shall be based on the total
disturbed acreage of the site. In addition to the general permit modification fee,
modifications resulting in an increase in total disturbed acreage shall pay the
difference in the initial permit fee paid and the permit fee that would have applied
for the total disturbed acreage in accordance with the fee schedule established,
revised and updated from time to time by the County Board of Supervisors by
resolution.
Page 25 of 37
E. General permit maintenance fees: Annual permit maintenance fees required by
9VAC25-870-830 shall be imposed in accordance with the fee schedule
established, revised and updated from time to time by the County Board of
Supervisors by resolution, including fees imposed on expired general permits
that have been administratively continued. With respect to the general permit,
these fees shall apply until the permit coverage is terminated. General permit
coverage maintenance fees, for permits issued in a previous calendar year, shall
be paid by April 1st of each year that it is in effect. No permit will be reissued or
automatically continued without payment of the required fee. General permit
coverage maintenance fees shall be applied until a Notice of Termination is
effective.
E. Persons whose coverage under the general permit has been revoked shall apply
to the Department for an Individual Permit for Discharges of Stormwater from
Construction Activities.
F. No permit application fees will be assessed to:
1) Permittees who request minor modifications to permits as defined in
Section 23-2 of this Ordinance. Permit modifications at the request of the
permittee resulting in changes to stormwater management plans that
require additional review by the Administrator shall not be exempt
pursuant to this section.
2) Permittees whose permits are modified or amended at the initiative of the
Department or Administrator, excluding errors in the registration statement
identified by the Administrator or errors related to the acreage of the site.
G. All incomplete payments will be deemed as nonpayments, and the applicant shall
be notified of any incomplete payments. Interest may be charged for late
payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia
and is calculated on a monthly basis at the applicable periodic rate. A 10% late
payment fee shall be charged to any delinquent (over 90 days past due) account.
The County shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount.
H. In addition to the fees contained on the fee schedule established, revised and
updated by the County Board of Supervisors by resolution the County may
collect convenience fees associated with processing credit card payments.
Section 23-3.10 PERMIT APPLICATION PROCEDURE
A. Permit applications and the stormwater management plan, or agreement in lieu
of a stormwater management plan, shall include all of the information required by
this Ordinance and the County Stormwater Management Design Manual.
Page 26 of 37
B. No VSMP authority permit shall be issued until the maintenance agreement
required in section 23-3.7 is approved, performance securities required in section
23-3.8 have been submitted and accepted, and fees required to be paid,
pursuant to section 23-3.9, are received.
C. All applications will be processed in accordance with procedures set forth below
and in the County Stormwater Management Design Manual.
The Administrator shall determine the completeness of a plan in accordance
with section 23-3.2 of this Ordinance and shall notify the applicant, in writing,
of such determination, within 15 calendar days of receipt. If the plan is
deemed to be incomplete, the above written notification will contain the
reasons the plan is deemed incomplete.
2. The Administrator shall have an additional 60 calendar days from the date of
the communication of completeness to review the plan, except that if a
determination of completeness is not made within the time prescribed above,
then plan shall be deemed complete and the Administrator shall have 60
calendar days from the date of submission to review the plan.
3. The Administrator shall review any plan that has been previously
disapproved, within 45 calendar days of the date of resubmission.
4. During the review period, the plan shall be approved or disapproved and the
decision communicated in writing to the applicant or his/her designated agent.
If the plan is not approved, the reasons for not approving the plan shall be
provided in writing. Approval or denial shall be based on the plan's
compliance with the requirements of this Ordinance.
5. If a plan meeting all requirements of this Ordinance is submitted and no
action is taken within the time provided above, the plan shall be deemed
approved.
D. Approved stormwater management plans may be modified, as follows:
1. Modification to an approved stormwater management plan shall be allowed
only after review and written approval by the Administrator. The Administrator
shall have 60 calendar days to respond in writing either approving or
disapproving such request.
2. The Administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the Administrator, to address
any deficiencies noted during inspection.
E. The Administrator shall require the submission of a construction record drawing
for permanent stormwater management facilities.
Page 27 of 37
SECTION 23-4
EXCEPTIONS TO STORMWATER MANAGEMENT REQUIREMENTS
A. The Administrator may grant exceptions to the technical requirements of Part II B
or Part II C of the Regulations, provided that (i) the exception is the minimum
necessary to afford relief, (ii) reasonable and appropriate conditions are imposed
so that the intent of the Act and this Ordinance are preserved, (iii) granting the
exception will not confer any special privileges that are denied in other similar
circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created. Economic hardship alone is
not sufficient reason to grant an exception from the requirements of this
Ordinance.
Exceptions to the requirement that the land -disturbing activity obtain the
required VSMP authority permit shall not be given by the Administrator,
nor shall the Administrator approve the use of a BMP not found on the
Virginia Stormwater BMP Clearinghouse Website, unless it is duly
approved by the Director of Environmental Quality.
2. Exceptions to requirements for phosphorus reductions shall not be
allowed unless offsite options otherwise permitted pursuant to 9VAC25-
870-69 have been considered and found not available.
3. Nothing in this section shall preclude an operator from constructing to a
more stringent standard at their discretion.
B. The Administrator may grant an exception from provisions contained in the
County Stormwater Management Design Manual when not reasonably
achievable, provided that acceptable mitigation measures are provided.
C. Requests for an exception to the stormwater technical requirements shall be
submitted in writing to the Administrator.
SECTION 23-5
PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGE WAYS
A. Drainage ways consist of natural watercourses, storm sewers, gutters, manmade
channels, and other natural or manmade drainage paths.
B. Every person owning property through which a drainage way passes, or such
person's lessee, shall keep and maintain that part of the drainage way within the
property free of trash, debris, yard wastes, and other obstacles that could pollute,
contaminate, or significantly retard the flow of water.
Page 28 of 37
C. No person shall sweep, wash, or otherwise place dirt, trash, debris, yard wastes,
or other materials in drainage ways where they could be picked up and carried
off the person's property by stormwater runoff.
D. The property owner or such person's lessee shall maintain healthy vegetation to
protect the drainage way from excessive erosion during storm events. Particular
care shall be taken to maintain healthy bank vegetation along watercourses.
SECTION 23-6
CONSTRUCTION INSPECTION
Section 23-6.1 NOTICE OF CONSTRUCTION COMMENCEMENT
The permittee shall notify the County in advance before the commencement of land
disturbing activities. In addition, the permittee shall notify the County in advance of
construction of critical components of a stormwater management facility.
Section 23-6.2 PERIODIC CONSTRUCTION INSPECTION
A. The Administrator shall periodically inspect the land -disturbing activity during
construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan, or executed
agreement in lieu of a stormwater management plan;
3. Development, updating, implementation with the pollution prevention plan;
4. Development and implementation of any additional control measures
necessary to address a TMDL.
B. If the County inspections find any violations, the permittee shall be notified in
writing of the nature of the violation and the required corrective actions. No
additional construction or land -disturbing activity in the area of the violation shall
proceed until any violations are corrected and all work previously completed has
received approval from the County. The permittee is responsible for
maintenance and repair for all stormwater management facilities during
construction.
C. The person responsible for implementing the approved plan is required to
provide adequate inspection monitoring and reports to ensure compliance with
the approved plan, to determine whether the measures required in the plan
provide effective stormwater management and to allow the registered
Page 29 of 37
professional to certify the record documents in accordance with Section 23-3.5.
All permittee inspections shall be documented and written reports prepared that
contain the following information:
1. The date and location of the permittee inspection;
2. Whether construction is in compliance with the approved stormwater
management plan;
2. Variations from the approved construction specifications;
3. Corrective actions that have been taken to correct previous violations;
4. Any violations that exist; and.
5. The name and signature of the person who performed the inspection.
Permittee inspection documentation shall be organized chronologically and be
stored with the SWPPP.
D. If the County determines that there is a failure to comply with the plan, notice
shall be served upon the permittee or person responsible for carrying out the
plan in accordance with Section 23-9 of this Ordinance.
Section 23-6.3 FINAL INSPECTION AND RECORD -DOCUMENTATION
A. The permittee shall submit record drawings and supporting documentation for all
stormwater management facility and storm drainage system associated with the
project before final County inspection. Record drawings and supporting
documents shall comply with the requirements contained in the County
Stormwater Management Design Manual.
B. Receipt of record drawings and supporting documentation, final inspection and
approval by the County, execution and recordation of maintenance agreement,
and permit termination is required before the release of performance securities.
C. If it is determined from the record drawings, or inspections, that the storm
drainage systems and the stormwater management facilities have not been
constructed in accordance with the approved stormwater management plan, then
corrective action will be taken to comply with the approved Plan or the permittee
shall provide studies and information required by the County to demonstrate that
the constructed system will function equivalent to the approved Stormwater
Management Plan, and that all regulatory requirements are met.
Page 30 of 37
SECTION 23-7
POST CONSTRUCTION INSPECTION, MAINTENANCE AND REPAIR OF
STORMWATER MANAGEMENT FACILITES
Section 23-7.1 MAINTENANCE INSPECTIONS OF STORMWATER MANAGEMENT
FACILITIES
A. Following the completion and acceptance of construction, the property owner is
responsible for the maintenance and repair of stormwater structures and
stormwater management facilities. The property owner shall ensure that proper
maintenance and repair of stormwater structures and stormwater management
facilities occur and that periodic inspection, maintenance, and repair are
performed so that the structures and facilities operate properly. All inspection,
maintenance, and repair activities, performed by the property owner shall be
documented. Documentation shall be submitted to the County, if requested.
B. Stormwater structures and stormwater management facilities that have recorded
stormwater facility maintenance agreements shall be operated, inspected,
maintained and repaired in conformance with the applicable performance
requirements contained in the approved stormwater facility maintenance
agreement.
C. Existing stormwater structures and stormwater management facilities that do not
have a recorded stormwater facility maintenance agreement shall be operated,
inspected, maintained and repaired as required for proper operation of the
structures and facilities. Following are the minimum requirements for stormwater
structures and stormwater management facilities that do not have a recorded
stormwater facility maintenance agreement:
1. Stormwater structures and stormwater management facilities shall be
inspected, by the property owner, after significant rainfall events that cause
localized flooding, and at least annually.
2. All structures and slopes shall be kept in a safe condition.
3. The stormwater management facility shall be kept clear of grass clippings, cut
brush, and other debris.
4. All pipes and structures shall be kept clean and clear of debris that could
decrease flow capacity.
5. Sediment and silt that washes into stormwater management facilities shall be
removed and properly disposed of when the sediment and silt builds up to the
point that they adversely impact the facility's proper operation.
Page 31 of 37
6. Trees and other woody plants shall be cut and removed from embankment
slopes annually.
7. Trees and woody plants shall be cut and removed from non -embankment
areas of a stormwater management facility as needed to avoid buildup of
debris in the facility and to avoid a nuisance. Periodic cutting and brush
removal shall occur at a frequency of at least once in three years.
8. Landscaping and grass cover shall be maintained for proper operation and
erosion control. Replace landscaping as required. Repair erosion and
replace grass cover as required.
D. In addition to the inspections performed by the property owner, the County will
periodically inspect stormwater management facilities. In the event that the
stormwater management facility has not been maintained and/or becomes a
danger to public safety, public health, or the environment, the County shall notify
the property owner by registered or certified mail. The notice shall specify the
measures needed to comply and shall specify the time within which such
measures shall be completed. If the responsible party fails or refuses to correct
the violation, the County, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary work to
place the facility in proper working condition, and recover the costs from the
property owner.
E. If stormwater management facility inspection requires entry into a confined
space, or special equipment or training, then the County may hire licensed
professionals to perform the inspection, or it may require the property owner to
hire a licensed professional to perform the inspection. The cost for any licensed
professionals to perform the required inspection shall be paid by or recovered
from the owner.
F. The County will conduct post -construction inspections of stormwater
management facilities pursuant to the County's developed, and State Board's
approved inspection program and will inspect each stormwater management
facility at least once every five (5) years.
Section 23-7.2 RECORDS OF INSPECTION, MAINTENANCE AND REPAIR
A. Property owners responsible for the operation and maintenance of stormwater
management facilities shall make records of all inspections, maintenance, and
repairs, and shall retain the records for at least five (5) years.
B. Upon request from the County, property owners shall provide copies of records
documenting property owner inspections, maintenance, and repairs.
Page 32 of 37
SECTION 23-8
HEARINGS AND APPEALS
Section 23-8.1 HEARINGS
A. Any permit applicant or permittee, or person subject to the requirements of this
Ordinance, who is aggrieved by any action, of the County in approving or
disapproving any plans required by this Ordinance, or by any enforcement action
taken pursuant to Sec. 23-9, shall have the right to request, in writing, a hearing
to the County Administrator or his/her designee provided a petition requesting
such hearing is filed with the Administrator within 30 days after notice of such
action is given by the Administrator.
B. The hearing shall be held provided that the County Administrator and the
aggrieved party has at least thirty (30) days prior notice.
C. A verbatim record of the proceedings of such hearings shall be taken and filed
with the Board of Supervisors. Depositions may be taken and read as in actions
at law.
D. The County Administrator, shall have power to issue subpoenas and subpoenas
duces tecum, and at the request of any party shall issue such subpoenas. The
failure of any witness without legal excuse to appear or to testify or to produce
documents shall be acted upon by the County Administrator whose actions may
include the procurement of an order of enforcement from the circuit court.
Witnesses who are subpoenaed shall receive the same fees and reimbursement
for mileage as in civil actions.
E. During its review, the County Administrator shall consider evidence presented by
all parties. After considering the evidence, the County Administrator's decision
shall be final.
Section 23-8.2 APPEALS
Final decisions of the County Administrator, under this Ordinance, shall be subject to
judicial review by the Roanoke County Circuit Court, provided an appeal is filed within
thirty (30) days from the date of any written decision adversely affecting the rights,
duties, or privileges of any permit applicant, permittee, or person subject to any
enforcement action under this Ordinance.
Page 33 of 37
SECTION 23-9
ENFORCEMENT AND PENALTIES
Section 23-9.1 VIOLATIONS
Any land -disturbance activity that is commenced or is conducted contrary to this
Ordinance or the approved plans or agreements and permit, may be subject to the
enforcement actions outlined in this section and the Virginia Stormwater Management
Act.
Section 23-9.2 NOTICE OF VIOLATION
A. If the Administrator determines that there is a failure to comply with the VSMP
authority permit conditions, notice shall be served upon the permittee or person
responsible for carrying out the permit conditions by any of the following: verbal
warnings and inspection reports, notices of corrective action, consent special
orders, and notices to comply.
B. Written notices shall be served by registered or certified mail to the address
specified in the permit application or by delivery at the site of the development
activities to the agent or employee supervising such activities.
C. If there is no permittee, the notices shall be issued to the property owner.
D. The notice of violation shall contain:
1. The name and address of the permittee, or if there is no permittee, the
property owner;
2. The address when available or a description of the building, structure, or
land upon which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to bring the land -
disturbing activity into compliance with this Ordinance and a time schedule
for the completion of such remedial action;
5. A statement of the penalty or penalties that may be assessed against the
person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed by filing a
written notice of appeal within 30 days of service of notice of violation.
Page 34 of 37
Section 23-9.3 STOP WORK ORDERS
A. If a permittee fails to comply with a notice issued in accordance with Section 23-
9.2 within the time specified, the Administrator may issue an order requiring the
owner, permittee, person responsible for carrying out an approved plan, or the
person conducting the land -disturbing activities without an approved plan or
required permit to cease all construction land -disturbing activities until the
violation of the permit has ceased, or an approved plan and required permits are
obtained, and specified corrective measures have been completed.
B. However, if the Administrator finds that any such violation presents an imminent
and substantial danger of causing harmful stormwater runoff impacts to its MS4
system or waters within the watersheds of the Commonwealth, it may issue,
without advance notice or hearing, an emergency order directing such person to
cease immediately all land -disturbing activities on the site and shall provide an
opportunity for a hearing, after reasonable notice as to the time and place
thereof, to such person, to affirm, modify, amend, or cancel such emergency
order. If a person who has been issued an order is not complying with the terms
thereof, the Administrator may request the County Attorney to institute a
proceeding for an injunction, mandamus, or other appropriate remedy.
C. This "stop work order" shall be in effect until the County confirms that the land -
disturbing activity is in compliance with the requirements of this Ordinance and
the violation has been satisfactorily addressed. Upon failure to comply within the
time specified, the permit may be revoked and the applicant shall be deemed to
be in violation of this article and upon conviction shall be subject to the penalties
provided by this Ordinance.
Section 23-9.4 CIVIL AND CRIMINAL PENALTIES
A. Any person violating or failing, neglecting, or refusing to obey any rule,
regulation, ordinance, order, approved standard or specification, or any permit
condition issued by the Administrator may be compelled in a proceeding
instituted in the Roanoke County Circuit Court to obey same and to comply
therewith by injunction, mandamus, or other appropriate remedy.
B. Any person who violates any provision of this Ordinance or who fails, neglects, or
refuses to comply with any order of the Administrator, shall be subject to a civil
penalty not to exceed $32,500 for each violation within the discretion of the court.
Each day of violation of each requirement shall constitute a separate offense.
C. Violations for which a penalty may be imposed under this Subsection include, but
are not limited to the following:
1. No state permit registration;
Page 35 of 37
2. No SWPPP;
3. Incomplete SWPPP;
4. SWPPP not available for review;
5. No approved erosion and sediment control plan;
6. Failure to install stormwater BMPs or erosion and sediment controls;
7. Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
8. Operational deficiencies;
9. Failure to conduct required inspections;
10. Incomplete, improper, or missed inspections; and
11. Discharges not in compliance with the requirements of Section 9VAC25-
880-70 of the general permit.
D. The Administrator may issue a summons for collection of the civil penalty and the
action may be prosecuted in the appropriate court.
E. In imposing a civil penalty pursuant to this Subsection, the court may consider
the degree of harm caused by the violation and also the economic benefit to the
violator from noncompliance.
F. Any civil penalties assessed by a court as a result of a summons issued by the
County shall be paid into the County treasury to be used for the purpose of
minimizing, preventing, managing, or mitigating pollution of the waters of the
County and abating environmental pollution therein in such manner as the court
may, by order, direct.
G. With the consent of any person who has violated or failed, neglected or refused
to obey this Ordinance or any condition of a permit, the County may provide, in
an order issued by the County against such person, for the payment of civil
charges for violations in specific sums, not to exceed the limit specified in
subdivision B of this section. Such civil charges shall be instead of any
appropriate civil penalty which could be imposed under subdivision B.
H. Notwithstanding any other civil or equitable remedy provided by this Section or
by law, any person who willfully or negligently violates any provision of the
Ordinance, any order of the Administrator, any condition of a permit, or any order
Page 36 of 37
of a court shall, be guilty of a misdemeanor punishable by confinement in jail for
not more than 12 months or a fine of not more than $2,500, or both.
Section 23-9.5 RESTORATION OF LANDS
A. Any violator may be required to restore land to its undisturbed condition or in
accordance with a notice of violation, stop work order, or permit requirements.
B. In the event that restoration is not undertaken within a reasonable time after
notice, the County may take necessary corrective action, the cost of which shall
be covered by the performance security, or become a lien upon the property until
paid, or both.
Section 23-9.6 HOLDS ON CERTIFICATE OF OCCUPANCY
Final certificates of occupancy may not be granted until corrections have been made in
accordance with the approved plans, notices of violation, stop work order, or permit
requirements, and accepted by the County.
-END-
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Deborah C. Jacks( S
Deputy Clerk to th oard of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Paul Mahoney, County Attorney
Page 37 of 37
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 8, 2014
ORDINANCE 042214-13 ADOPTING A NEW CHAPTER OF THE
ROANOKE COUNTY CODE — CHAPTER 24. ILLICIT DISCHARGE
ORDINANCE
WHEREAS, The Board of Supervisors of Roanoke County finds that the
uncontrolled discharge of pollutants to its Municipal Separate Storm Sewer System
(MS4) has an adverse impact on the water quality of receiving waters; and
WHEREAS, Amendments to the Federal Water Pollution Control Act, commonly
known as the Clean Water Act, established the National Pollutant Discharge Elimination
System (NPDES) Program, which requires permits for discharges from regulated
municipal separate storm sewer systems into the waters of the United States; and
WHEREAS, The United States Environmental Protection Agency (EPA) has
promulgated regulations implementing the NPDES program, and the EPA has
authorized the Commonwealth of Virginia to issue NPDES permits under the Virginia
Pollutant Discharge and Elimination System (VPDES) permit system; and
WHEREAS, The VPDES regulations for stormwater discharges require
Roanoke County to control the contribution of pollutants to its regulated MS4 by
prohibiting illicit discharges, and to inspect, monitor, and enforce the prohibitions of illicit
discharges to its regulated MS4; and
WHEREAS, the Board finds that this ordinance satisfies these regulatory
requirements effective July 1, 2014; and
Page 1 of 9
WHEREAS, the illicit discharge provisions were previously found in the
Stormwater Ordinance that was recently repealed, and that said provisions must be
included in the Roanoke County Code; and
WHEREAS, the first reading of this ordinance was held on April 8, 2014, and the
second reading and public hearing was held on April 22, 2014.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a new Chapter 24. "Illicit Discharge" be and hereby is adopted to
read as set out below.
2. That the effective date of this ordinance is July 1, 2014.
SECTION 24-1
GENERAL PROVISIONS
Section 24-1.1 TITLE AND AUTHORITY
A. This ordinance shall be known as the "Illicit Discharge Ordinance of the County
of Roanoke, Virginia."
B. This ordinance establishes the County's illicit discharge program that regulates
non-stormwater discharges to its regulated MS4, consistent with state regulations
promulgated pursuant to the law.
C. The County of Roanoke hereby designates the Director of Community
Development as the Administrator of the illicit discharge program.
Section 24-1.2 PURPOSE
The purpose of this ordinance is to promote the general health, safety, and welfare of
the citizens of the County by protecting property and state waters through the
prohibition of illicit discharges of non-stormwater within the County's regulated MS4
area into the County's MS4, subject to certain exceptions.
Section 24-1.3 APPLICABILITY
Page 2 of 9
A. This ordinance is applicable to any non-stormwater discharge that enters, or has
the potential of entering, the County's MS4, located within the County's regulated
MS4 area.
Section 24-1.4 COMPATABILITY WITH OTHER REQUIREMENTS
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, stature, or other provision of law. The requirements of this ordinance
shall be considered minimum requirements, and where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule or
regulation, or other provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall apply.
Section 24-1.5 SEVERABILITY
If the provisions of any article, section, subsection, paragraph, subdivision or clause of
this ordinance shall be judged invalid by a court of competent jurisdiction, such order of
judgment shall not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this ordinance.
SECTION 24-2
DEFINITIONS
The following words and terms as used in this ordinance shall have the following
meanings, unless the context clearly indicates otherwise:
"Administrator" means the position responsible for administering the illicit discharge
program on behalf of the County of Roanoke. The Administrator shall be the Director of
Community Development or his/her designee.
"Best Management Practice or BMP" means schedules of activities, prohibitions of
practices, including both structural or non-structural practices, maintenance procedures,
and other management practices to prevent or reduce the pollution of surface waters
and groundwater systems from the impacts of land -disturbing activities.
"Clean Water Act or CWA" means the federal Clean Water Act (33 United States
Code 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law
97-117, or any subsequent revisions thereto.
"Control measure" means any best management practice or other method used to
prevent or reduce the discharge of pollutants to surface waters.
Page 3 of 9
"County" means the County of Roanoke, Virginia.
"Department" means the Virginia Department of Environmental Quality (DEQ).
"Discharge" means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place
by any means, or that which is disposed, deposited, spilled, poured, injected, dumped,
pumped, leaked, or placed by any means.
"Illicit discharge" means any discharge to the County's MS4 that is not composed
entirely of stormwater, except discharges pursuant to a VPDES or VSMP permit (other
than the VSMP permit for discharges from the MS4), discharges resulting from
firefighting activities, and discharges identified by and in compliance with 9VAC25-870-
400 D 2 c (3).
"Municipal separate storm sewer" means a conveyance or system of conveyances
otherwise known as a municipal separate storm sewer system or "MS4," including roads
with drainage systems, municipal streets, catch basins, drop inlets, curbs, gutters,
ditches, man-made channels, storm drainage pipes, or other drainage structures:
1. Owned or operated by Roanoke County;
2. Designed or used for collecting or conveying stormwater;
3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment works (POTW).
"Municipal separate storm sewer system" or "MS4" means all municipal separate
storm sewers that are located within the portion of the County that is identified as
"urbanized" by the U.S. Bureau of the Census in the latest Decennial Census.
"National Pollutant Discharge Elimination System" (NPDES) means the federal
program for issuing, modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits, and imposing and enforcing pre-treatment requirements under the
Clean Water Act (CWA).
"Person" means any individual, firm, organization, partnership, association,
organization or other entity, including governmental entities, or any combination thereof,
or any agent or employee of any such entity.
"State waters" means all water, on the surface and under the ground, wholly or
partially within or bordering the Commonwealth or within its jurisdiction, including
wetlands.
"Stormwater" means precipitation that is discharged across the land surface or
through conveyances to one or more waterways, which may include rainfall runoff, snow
melt runoff, and surface runoff and drainage.
Page 4 of 9
"Virginia Pollutant Discharge Elimination System" (VPDES) means the program
issued by the Commonwealth of Virginia for imposing and enforcing pre-treatment
requirements pursuant to the Clean Water Act (CWA).
"Virginia Stormwater Management Program" (VSMP) means a program approved by
the State Board after September 13, 2011, that has been established by a locality to
manage the quality and quantity of runoff resulting from land -disturbing activities, which
shall include such items as local ordinances, rules, permit requirements, annual
standards and specifications, policies and guidelines, technical materials, and
requirements for plan review, inspection, enforcement, where authorized in this article,
and evaluation consistent with the requirements of this article and associated
regulations.
SECTION 24-3
PROHIBITED DISCHARGES
A. It shall be unlawful and a violation of this ordinance to allow any discharge that is
not composed entirely of stormwater, except as described in subsection C below,
that enters, or has the potential of entering, the MS4.
B. Illicit discharges include, but are not limited to:
1. Discharging, or causing or allowing to be discharged, sewage, industrial
wastes, yard wastes, or other wastes, into the storm sewer system, or any
component thereof, or onto driveways, sidewalks, parking lots, the ground,
or any other areas draining to the storm sewer system.
2. Connecting, or causing or allowing connection of any sanitary sewer to the
storm sewer system, including any sanitary sewer connected to the storm
sewer as of the date of the adoption of this ordinance.
3. Connecting, or causing or allowing any connection to the storm sewer
system, without a valid VSMP, VPDES, or NPDES permit, any structure
that conveys any liquid other than stormwater or discharges listed in
subsection C, including, but not limited to, pipes, drains, sanitary sewer
lines, washing machine drains, or floor drains.
4. Prohibitions 2 and 3 listed in this subsection expressly include, without
limitations, illicit connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing
at the time of the connection.
5. Throwing, placing, or depositing, or causing to be thrown, placed, or
deposited in the storm sewer system anything that impedes or interferes
with the free flow of stormwater therein, or adversely affects water quality.
Page 5 of 9
C. The following non-stormwater discharges are allowable under this ordinance:
1. Discharges or flows covered by a separate individual or general VPDES or
VSMP permit for non-stormwater discharges,
2. Individual non-stormwater discharges or flows that have been identified in
writing by the Virginia Department of Environmental Quality as de minimis
discharges that are not significant sources of pollutants to state waters
and do not require a VPDES permit,
3. Non-stormwater discharges or flows as listed in the following categories,
unless they are identified by the Administrator or Virginia Water Control
Board, as significant contributors of pollutants.
a. Water line flushing;
a. Landscape irrigation;
b. Diverted stream flows or rising groundwater;
c. Uncontaminated ground water infiltration;
d. Uncontaminated pumped groundwater;
e. Discharges from potable water sources,
f. Foundation drains;
g. Air conditioning condensate,
h. Irrigation water,
i. Springs;
j. Water from crawl space pumps,
k. Footing drains;
I. Lawn watering;
m. Individual residential car washing;
n. Flows from riparian habitats and wetlands;
o. Dechlorinated swimming pool discharges;
p. Street wash water; and
q. Firefighting activities
4. The discharge of material resulting from a spill that is necessary to prevent
loss of life, personal injury, or severe property damage. The responsible
party shall take all reasonable steps to minimize or prevent any adverse
effect on human health or the environment. This provision does not
transfer liability for the spill itself from the party(ies) responsible for the
spill, nor relieve the party(ies) responsible for a spill from the reporting
requirements of 40 CFR Part117 and 40 CRF Part 302 (2001).
D. In the event any of the activities listed in sub -paragraph C.3 of this section are
found to be a significant contributor of pollutants to be discharged into the MS4,
the Administrator shall so notify the person performing such activities, and shall
order that such activities be ceased or be conducted in such a manner as to
Page 6 of 9
avoid the discharge of pollutants into the MS4. The failure to comply with any
such order shall constitute a violation of the provisions of this ordinance.
SECTION 24-4
INSPECTIONS AND MONITORING
A. The Administrator shall have the authority to carry out all inspections and
monitoring procedures necessary to determine compliance and/or
noncompliance with this ordinance, and to enforce the requirements of this
ordinance.
B. The Administrator shall have the authority, at his sole discretion, to require
a Stormwater Pollution Prevention Plan (SWPPP) from any person whose
property discharges, or has the potential to discharge, to the MS4.
C. The Administrator and/or his/her duly authorized employees, agents, or
representatives of the County, bearing proper credentials and
identification, shall be authorized to enter any public property or to request
entry into private property at any reasonable time for the purpose of
enforcing this ordinance, including, but not limited to taking samples of
discharges, inspecting monitoring equipment, inspecting and copying
documents relevant to the enforcement of this ordinance, and such other
items as may be deemed necessary for the enforcement of this ordinance.
If the person in charge of the property refuses to allow the Administrator to
enter in accordance with subsection C, then the Administrator may
present sworn testimony to a magistrate or court of competent jurisdiction
and request the issuance of an inspection warrant to enter the property for
the purpose of making such inspections and investigations. The
Administrator shall make a reasonable effort to obtain consent from the
owner or person in charge of the property prior to seeking the issuance of
an inspection warrant under this section.
D. The Administrator shall have the authority to require any person
responsible for a discharge to the MS4 to document that such discharge
meets and is in compliance with the requirements of this ordinance. This
includes, but is not limited to, the ability of the Administrator to require
such person to provide monitoring reports, test results, and such other
matters as may be deemed necessary to show that such discharge is in
compliance with the requirements of this ordinance. The cost of any
required documentation shall be the responsibility of the person
responsible for the discharge.
E. The failure of any person to comply with any of the requirements of this
section shall constitute a violation of this chapter.
Page 7 of 9
SECTION 24-5
ENFORCEMENT AND PENALTIES
A. Any person who violates any of the provisions of this ordinance shall be
guilty of a Class I misdemeanor and, upon conviction, is subject to
punishment by a fine of not more than two thousand five hundred dollars
($2,500.00) per violation per day and confinement in jail for not more than
twelve (12) months, either or both.
B. Each day during which a violation of this ordinance occurs or continues
shall be deemed a separate and distinct violation of this chapter.
C. Any person who commits any of the acts prohibited by this chapter or
violates any of the provisions of this ordinance shall be liable to the
County for all costs of testing, containment, cleanup, abatement, removal,
disposal, and any other related costs or expenses that the County may
incur in connection with the enforcement of this ordinance and/or the
prohibition and/or correction of a violation of this ordinance.
D. The Administrator may bring legal action to enjoin a violation of this
ordinance and the existence of any other remedy shall be no defense to
any such action.
E. In addition to any of the remedies set forth above, the Administrator may
seek to impose, or have imposed by the appropriate authority, any of the
remedies provided for by § 62.1-44.15:48, Code of Virginia (1950), as
amended, which are incorporated herein by reference.
F. In any court action that may result from enforcement of this ordinance, a
judge hearing the case may direct the person responsible for the violation
or the property owner to correct the violation and each day that the
violation continues shall constitute a separate violation of this chapter.
G. Any person who knowingly makes any false statements, representations,
or certifications in any record, report, or other document, either filed or
requested pursuant to this chapter, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required or
used by the director under this chapter in monitoring discharges, shall be
guilty of a violation of this ordinance.
Page 8 of 9
H. The remedies set forth in this section shall be cumulative, not exclusive,
and it shall be no defense to any action that one (1) or more of the
remedies set forth in this section has been sought or granted.
-END-
On motion of Supervisor Church to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
J
49
Deborah C. Jacks
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Paul Mahoney, County Attorney
Page 9 of 9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, APRIL 22, 2014
ORDINANCE 042214-14 AMENDING THE PROFFERED CONDITIONS
ON PROPERTY CONTAINING APPROXIMATELY 104.4 ACRES AND
ZONED PRD, PLANNED RESIDENTIAL DEVELOPMENT, LOCATED
ON STERLING DRIVE, VINTON MAGISTERIAL DISTRICT, UPON THE
APPLICATION OF STATE CENTRAL BANK
WHEREAS, the first reading of this ordinance was held on March 25, 2014,
and the second reading and public hearing were held April 22, 2014; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on April 1, 2014; and
law.
WHEREAS, legal notice and advertisement has been provided as required by
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows -
1 .
ollows:
1. That the proffered conditions on property containing approximately
104.4 acres and zoned PRD, Planned Residential Development with conditions,
located on Sterling Drive in the Vinton Magisterial District, are hereby AMENDED as
set out below -
1 )
elow:
1) The property will be developed in substantial conformance with the
"Planning and Design Documents for: Loblolly Mill a Planned Residential
Community" prepared by Balzer and Associates, Inc. dated January 18, 2006,
revised April 17, 206, amended January 10, 2007, revised February 9, 2007, and last
revised November 25, 2013.
Specifically, the sections dealing with trails and lighting from the planning and
design documents are amended as follows:
Page 1 of 3
A pedestrian hiking trail will be provided within the development.
Street lighting will be provided in select locations. Street lighting will be post top style
fixtures as provided by AEP and will not exceed 16' in height.
The remaining proffered conditions including but not limited to all open space
lots and easements shall remain unchanged and shall still be usable for all residents
of the development including the existing pond, creeks, mill house, and covered
bridge.
2. That this action is taken upon the application of State Central Bank.
3. That real estate subject to this amendment is more specifically
described in Exhibit A.
4. That this ordinance shall be in full force and effect thirty (30) days after
its final passage. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be, and the same hereby are, repealed. The Zoning Administrator
is directed to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
Page 2 of 3
On motion of Supervisor Peters to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Deborah C. Jacksr
Deputy Clerk to theoar of Supervisors
cc: Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development
William Driver, Director of Real Estate Valuation
Paul Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 3 of 3
List of Property Owners:
State Central Bank
601 Main Street
Keokuk, IA 52632
Owner of T.M. #'s 89.02-02-01.00 through 89.02-02-08.00, 89.02-02-10.00, 89.02-02-
13.00 through 89.02-02-23.00, 89.02-02-25.00 through 89.02-02-31.00, and 89.02-02-
34.00 through 89.02-02-40.00
John Nichols Fox
825 Park Lane
Roanoke, VA 24015
Owner of T.M. #89.02-02-09.00
Michael A. & Cynthia F. Saccocci
1358 East Drive SW
Roanoke, VA 24015
Owner of T.M. #89.02-02-12.00
David C.V. Keys & Lennox McNeary
3482 W. Ridge Road SW
Roanoke, VA 24014
Owner of T.M. #89.02-02-24.00
Loblolly Crawford, LLC
c/o Charlie Crawford
15 Church Avenue
Roanoke, VA 24011
Owner of T.M. #89.02-02-32.00
R.L. Price Construction, Inc.
2166 Salem Industrial Drive
Salem, VA 24153
Owner of T.M. #89.02-02-33.00
Balzer and Associates 1
List of Current Tax Map #'s:
89.02-02-01.00
89.02-02-02.00
89.02-02-03.00
89.02-02-04.00
89.02-02-05.00
89.02-02-06.00
89.02-02-07.00
89:02-02-08.00
89.02-02-09.00
89.02-02-10.00
89.02-02-12.00
89.02-02-13.00
89.02-02-14.00
89.02-02-15.00
89.02-02-16.00
89.02-02-17.00
89.02-02-18.00
89.02-02-19.00
89.02-02-20.00
89.02-02-21.00
89.02-02-22.00
89.02-02-23.00
89.02-02-24.00
89.02-02-25.00
89.02-02-26.00
89.02-02-27.00
89.02-02-28.00
89.02-02-29.00
89.02-02-30.00
89.02-02-31.00
89.02-02-32.00
89.02-02-33.00
89.02-02-34.00
89.02-02-35.00
89.02-02-36.00
89.02-02-37.00
89.02-02-38.00
89.02-02-39.00
89.02-02-40.00
Balzer and Associates 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
ORDINANCE 042214-15 GRANTING A SPECIAL USE PERMIT FOR A
RESTAURANT, DRIVE-IN OR FAST FOOD IN THE CVOD,
CLEARBROOK VILLAGE OVERLAY DISTRICT, ON APPROXIMATELY
1.0 ACRE LOCATED AT 5347 FRANKLIN ROAD (TAX MAP NO.
098.02-02-01.00) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE
PETITION OF MCDONALD'S USA, LLC
WHEREAS, McDonald's USA, LLC has filed a petition for a special use permit for
a restaurant, drive-in or fast food in the CVOD, Clearbrook Village Overlay District to be
located at 5347 Franklin Road (Tax Map No. 098.02-02-01.00) in the Cave Spring
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 1, 2014; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 25, 2014; the second reading and public hearing on
this matter was held on April 22, 2014.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to
McDonald's USA, LLC for a restaurant, drive-in or fast food in the Clearbrook Village
Overlay District on approximately 1.0 acre located at 5347 Franklin Road in the Cave
Spring Magisterial District is substantially in accord with the adopted 2005 Community
Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of
Virginia, as amended, and that it shall have a minimum adverse impact on the
Page 1 of 3
surrounding neighborhood or community, and said special use permit is hereby
approved with the following conditions:
a) Development of this site shall be in substantial conformance with plan sheets
C-3 and L-1 titled McDonald's by Stimmel Associates, PA, and dated 1/24/14
subject to any revisions required during site plan review.
b) The fagade of the primary structure shall be in substantial conformance with
the undated elevation sheet titled "Proposed McDonald's Restaurant — Color
Elevation Study" subject to any revisions required during site plan review and
building plan review.
c) The building materials for the proposed monument sign shall match the
building materials used on the primary structure and shall be in substantial
conformance with the monument elevation sheet. The dimensions of the
monument sign shall be equal to or less than the dimensions depicted on the
elevation sheet prepared by Persona Sign Makers/Image Builders dated
04/24/13.
d) The building materials for the dumpster enclosure shall match the building
materials used on the primary structure.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
Page 2 of 3
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A COPY TESTE:
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Philip Thompson, Deputy Director of Planning
William Driver, Director of Real Estate
Paul Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 3 of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 22, 2014
ORDINANCE 042214-16 GRANTING A SPECIAL USE PERMIT FOR A
BED AND BREAKFAST ON 2.35 ACRES LOCATED AT 864 DEXTER
ROAD (TAX MAP NOS. 027.11-04-19.00 AND 027.11-04-18.00)
HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF
RICHARD AND NANCY KOPLOW
WHEREAS, Richard and Nancy Koplow have filed a petition for a special use
permit for a bed and breakfast to be located at 864 Dexter Road (Tax Map Nos. 027.11-
04-19.00 and 27.11-04-18.00) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 1, 2014; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 25, 2014; the second reading and public hearing on
this matter was held on April 22, 2014.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Richard
and Nancy Koplow for a bed and breakfast on 2.35 acres located at 864 Dexter Road in
the Hollins Magisterial District is substantially in accord with the adopted 2005
Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the
1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact
on the surrounding neighborhood or community, and said special use permit is hereby
approved with the following condition:
Page 1 of 2
(a) The site shall be developed in general conformance with the
Concept Plan dated February 21, 2014 (Exhibit A).
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Bedrosian to adopt the ordinance, and carried by
the following roll call and recorded vote:
AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara
NAYS: None
A
TGCTG-
ueaoran u. jacKs L�
Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Philip Thompson, Deputy Director of Planning
William Driver, Director of Real Estate Development
Paul Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 2 of 2
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CONCEPT SITE PLAN WITH
PARKING AREA IMPROVEMENTS
864 Dexter Road, Roanoke, VA 24019
Special Use Permit Application
Date: 2-21-14
Scale: 1:30
fL Rife+Wood Architects - Roanoke VA