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HomeMy WebLinkAbout9/8/2015 - RegularINVOCATION: Pastor Brett Pagan Brookhill Baptist Church Roanoke County Board of Supervisors September 8, 2015 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 4 Roanoke County Board of Supervisors Agenda September 8, 2015 Good afternoon and welcome to our meeting for September 8, 2015. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Friday at 7:00 p.m. and on Sunday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution commemorating the 5011 anniversary of the Vietnam War and in support of the Wall that Heals, Vietnam Traveling Memorial Wall Exhibit (Wendi Schultz, Tourism/Event Coordinator; Richard E. Burch) D. BRIEFINGS E. NEW BUSINESS F. FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 5 "Animals and Fowl" of the Roanoke County Code to amend standards for residential chicken keeping (Philip Thompson, Deputy Director of Planning) Page 2 of 4 2. Ordinance amending Article II (Definitions and Use types), Article III (District Regulations and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance (Philip Thompson, Deputy Director of Planning) 3. Ordinance amending Chapter 23 "Stormwater Management" of the Roanoke County Code (Tarek Moneir, Deputy Director of Development) 4. Ordinance amending Chapter 8.1, Erosion and Sediment Control of the Roanoke County Code (Tarek Moneir, Deputy Director of Development) 5. Ordinance authorizing the granting of an electric utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.00-01-08.00-0000) for the purpose of an underground electric power line to Green Hill Park Ball Field at 3050 Green Hill Park Road, Catawba Magisterial District (Paul M. Mahoney, County Attorney) G. SECOND READING OF ORDINANCES 1. Ordinance amending Article II. — Regulation of Open Burning of Chapter 9 — Fire Prevention and Protection of the Roanoke County Code (Steve Simon, Chief of Fire and Rescue) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Counsel (At Large) 3. Economic Development Authority (EDA) (appointed by District) 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — August 11, 2015 J. CITIZENS' COMMENTS AND COMMUNICATIONS Page 3 of 4 K. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Proclamation declaring the month of September 2015 as the twelfth (12th) annual National Preparedness Month in the County of Roanoke L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Al Bedrosian 3. Joseph B. "Butch" Church 4. P. Jason Peters 5. Joseph P. McNamara M. WORK SESSIONS Work session on proposed amendments to the Roanoke County Comprehensive Plan to identify Designated Growth Areas and add State Code reference (David Holladay, Planning Administrator) N. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.3 To discuss or consider the acquisition of real property for Parks, Recreation and Tourism purposes where the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County O. CERTIFICATION RESOLUTION P. ADJOURNMENT (to special meeting to be held on September 16, 2015, at 2:00 p.m. at the South County Library) Page 4 of 4 ACTION NO. ITEM NO. C-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 8, 2015 Resolution commemorating the 50th anniversary of the Vietnam War and in support of the Wall that Heals, Vietnam Traveling Memorial Wall Exhibit Deborah C. Jacks Chief Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Congress has authorized the Secretary of Defense to conduct a program to commemorate the 50th anniversary of the Vietnam War. One of the ways this commemoration is being accomplished is through the Vietnam Traveling Memorial Wall. This Memorial Wall will be on display at the Veterans Administration Medical Center from September 16, 2015 through September 20, 2015. Wendi Schultz, Tourism and Event Coordinator and Richard E. Burch will be in attendance to outline the resolution. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. 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, SEPTEMBER 8, 2015 RESOLUTION COMMERATING THE 50TH ANNIVERSARY OF THE VIETNAM WAR AND IN SUPPORT OF THE WALL THAT HEALS, VIETNAM TRAVELING MEMORIAL WALL EXHIBIT WHEREAS, in accordance with Public Law 110-181 SEC.598, Congress authorized the Secretary of Defense to conduct a program to commemorate the 50th anniversary of the Vietnam War and "in conducting the commemorative program, the Secretary shall coordinate, support and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War;" and WHEREAS, one of the major ways the commemoration plans to accomplish these objectives is by recruiting Commemorative Partners throughout America. The Commemorative Partner Program is designed for Federal, State and local communities, veterans' groups, and other nongovernmental organizations to assist a grateful nation in thanking and honoring our Vietnam Veterans and their families; and WHEREAS, Roanoke County will join more than 5,200 Commemorative Partners throughout America, including the City of Roanoke, City of Salem and the Town of Vinton; and WHEREAS, the Vietnam Traveling Memorial Wall stands eight feet (8') tall at the center and covers almost three hundred (300) feet from end to end, the exhibit is an exact replica of the Memorial Wall in Washington, scaled to just over half of its original size and will be on display at the Veterans Administration Medical Center at 1970 Roanoke Boulevard in Salem, VA beginning at 7:30 pm September 16, 2015, through 7:30 pm Page 1 of 2 September 20, 2015. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia recognizes and honors the men and women who served during the Vietnam era and their families, former Vietnam prisoners of war, the families of unaccounted for personnel, and the brave men and women who made the ultimate sacrifice; and FURTHER, the Board of Supervisors is proud to support and to co -host the Vietnam Traveling Memorial Wall to commemorate the 50th Anniversary of the Vietnam War. Page 2 of 2 ACTION NO. ITEM NO. F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: Ordinance amending Chapter 5 "Animals and Fowl" of the Roanoke County Code to amend standards for residential chicken keeping SUBMITTED BY: APPROVED BY: Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading of an ordinance to amend the standards for residential chicken keeping. In August 2012, the Board of Supervisors amended Chapter 5 "Animals and Fowl" of the County Code to add definitions and standards for residential chicken keeping. Currently, the keeping of up to six (6) female chickens is allowed in residentially zoned areas with certain conditions. Over the past year, staff has received requests from citizens wanting to keep more than six (6) female chickens. The Planning Commission reviewed the existing regulations and visited several sites in the County regarding this issue. The attached ordinance amends Chapter 5 "Animals and Fowl" by revising the standards for residential chicken keeping. The number of chickens that could be kept would be based on the lot size as follows: Lot Size Maximum # of Female Chickens Up to 20,000 square feet 6 20,001 square feet to 1 acre 9 Greater than 1 acre 12 Page 1 of 2 FISCAL IMPACT: h re MOM ALTERNATIVES: Approve the first reading of an ordinance that amends Chapter 5 "Animals and Fowl" and schedule the public hearing and second reading for September 22, 2015. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 Proposed Amendments to Chapter 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 2015 ORDINANCE AMENDING CHAPTER 5 "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE TO AMEND STANDARDS FOR RESIDENTIAL CHICKEN KEEPING WHEREAS, Ordinance 082812-7 adopted by the Board of Supervisors on August 28, 2012, established standards for residential chicken keeping; and WHEREAS, after staff review the following amendments are recommended to the standards; and WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015; and WHEREAS, public necessity, convenience and general welfare are valid public purposes for such recommendations and action by the Board of Supervisors; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Code be amended to read and provide as follows: CHAPTER 5 —ANIMALS AND FOWL ARTICLE II — DOGS, CATS AND OTHER ANIMALS DIVISION 1 - GENERALLY Sec. 5-38. Standards for residential chicken keeping. The keeping of female chickens (hens) shall be permitted in non - agriculturally zoned areas of the county subject to the following standards: Page 1 of 3 Note: Text additions are in red font. Text deletions are in red font and struck through. Proposed Amendments to Chapter S (1) The principal use of the property is a single-family dwelling. (2) The owner of the chickens must reside on the property on which the chickens are kept. (3) Chickens shall be kept within a predator -resistant coop or chicken enclosure at all times and shall not be permitted to run at large. (4) Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure. (5) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of two hundred fifty (4250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. (6) Coops and chicken enclosures shall be securely constructed, well -ventilated and kept in a clean, dry and sanitary condition at all times. (7) Provision shall be made for the storage and removal of chicken waste (manure). Such waste shall not create a nuisance or health hazard to adjoining property owners. (8) All chicken feed or other material intended for consumption by chickens shall be kept in containers impenetrable by rodents, insects or predators. (9) The keeping of roosters, capons, and crowing hens is prohibited. (10) The outdoor slaughtering of chickens is prohibited. (11) The maximum number of female chickens (hens) that may be kept shall be as follows.. Lot Size Maximum Number of Female Chickens (Hens) 20,000 square feet or less 6 20,001 square feet to 1.0 acre 9 Greater than 1.0 acre 12 Page 2 of 3 Note: Text additions are in red font. Text deletions are in red font and struck through. Proposed Amendments to Chapter S 2. That this ordinance shall be in full force and effect from and after its adoption. Page 3 of 3 Note: Text additions are in red font. Text deletions are in red font and struck through. ACTION NO. ITEM NO. F-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: Ordinance amending Article II (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance SUBMITTED BY: APPROVED BY: Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Community Development staff continually works with the Planning Commission on reviewing the County's development regulations and recommending amendments when appropriate. Amendments are proposed for Article I I (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance. The proposed amendments would: amend the definition of personal improvement services; amend the permitted uses and uses allowed by special use permit in the R-2 (Medium Density Residential), 1-1 (Low Intensity Industrial), and 1-2 (High Intensity Industrial) zoning districts; and it would amend the use and design standards for private stable, accessory apartments, multi -family dwelling, two family dwelling, agricultural services, bed and breakfast, and accessory uses for residential use types (residential chicken keeping). The Planning Commission held a public hearing on these amendments on August 18, 2015. No citizens spoke during the public hearing. The Planning Commission recommended approval of the proposed amendments by a vote of 5-0. FISCAL IMPACT: �W Page 1 of 2 ALTERNATIVES: Approve the first reading of an ordinance that amends Article II (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance and schedule the public hearing and second reading for September 22, 2015. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 c v E c a, E a, U c m c =a L O Oo C p N F - LL P h U U N Q cu O t O v U Q L Y Ln v c v v Ca U c N co C Q N O Z v U U_ N > Q L Ln N fC Ln O N c ba * N Q co N f6 s Nom* J vv N V L U 'a N � v * O N to C C 2 N 3 v v N o > p 0 N * 4' N N N U L � Q N ++ N +J +� U O U Z o o ; PC Recommended -August 18, 2015 DRAFT- Subject to Change Permitted Use Table R - Uses Permitted By Right S - Special Use `- Use and Design Standards (Article IV) Bed and breakfast Boarding house Business or trade schools Commercial outdoor sports and recreation Construction sales and services R NEW. Hotel / motel motor lodge ON Personal improve ant services Recreational vehicle sales and service 29 R - Uses Permitted By Right S - Special Use `- Use and Design Standards (Article IV) Use Type Definitions Sec. 30-29-4. Office Use Types. Medical office: Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Sec. 30-29-5. Commercial Use Types. Agricultural services: An establishment primarily engaged in providing services specifically for the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Automobile dealership: The use of any building, land area or other premise for the display of new and/or used automobiles, trucks, vans, scooters, recreational vehicles or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use. Automobile rental/leasing: Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Automobile repair services, minor: Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services and similar repair and service activities where minor repairs and routine maintenance are conducted. Automobile parts/supply, retail: Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Bed and breakfast: A dwelling in which not more than five (5) bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals. Communications services: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as major utility services or broadcasting towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities. Construction sales and services: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. 1 Use Type Definitions Consumer repair services: Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments. Convenience store: Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged or prepared food and beverages, and limited household supplies and hardware. This use may include fuel pumps and/or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. Equipment sales and rental: Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Fuel center: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any vehicle fuels, oils or accessories. This use can be a standalone business or accessory to another business. Garden center: Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, plant stores and lawn and garden centers. Gasoline station: Any place of business with fuel pumps and underground storage tanks which provides minor automobile repair and fuels and oil for motor vehicles. Manufactured home sales: Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction. Recreational vehicle sales and service: Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Veterinary hospital/clinic: Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 2015 ORDINANCE AMENDING ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, beginning in January of 2013, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update resulting in the proposal of amendments to the Roanoke County Zoning Ordinance; and WHEREAS, on August 18, 2015, after proper notice, the Roanoke County Planning Commission held a public hearing on various amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That the Zoning Ordinance is hereby amended to read and provide as follows: Page 1 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. ROANOKE COUNTY CODE APPENDIX A — ZONING ORDINANCE ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-5. Commercial Use Types. Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios and centers, reducing salons, dance studios, handicraft and hobby instruction. ARTICLE III — DISTRICT REGULATIONS SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Commercial Uses Bed and Breakfast * =34. Miscellaneous Uses SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Office Uses Medical Office Page 2 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. 4. Commercial Uses Agricultural Services * Automobile Repair Services, Minor Automobile Parts / Supply, Retail * Communication Services Construction Sales and Services * Consumer Repair Services Garden Center * Personal Improvement Services Veterinary Hospital / Clinic (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Automobile Dealership * Automobile Rental / Leasing Convenience Store * Fuel Center * Gasoline Station * Manufactured Home Sales * Recreational Vehicle Sales and Service * SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30-62-2. Permitted Uses. Page 3 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Office Uses Medical Office 4. Commercial Uses Personal Improvement Services ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-81. AGRICULTURAL AND FORESTRY USES. Sec. 30-81-5. Stable, Private. (A) General standards: 2. �. A shelter shall be required for the keeping of a horse or pony. No more than one (1) horse or pony shall be permitted for every two (2) fenced acres 4p s�t . 4. Stables, corrals, and other confined areas shall be setback at least fifty (50) feet from any property line. For the purpose of this section, perimeter fencing of a yard shall not be considered a confined area. All confined areas and fencing shall be securely constructed. 6. A plot plan shall be required showing the location of , all structures and the location and type of fencing, ____ `fi eEe =_ rRS4. -= SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-1. Accessory Apartments. (B) General standards: 2. An accessory apartment may be located in an accessory structure %vO tf 0 ­ on the lot provided: Page 4 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. a. The parcel meets the minimum lot size requirement of the zoning district it is located in. b. The accessory building shall comply with all applicable zoning requirements for a principal building. If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,0500) square feet. (RC) General standards in the C-1 and C-2 districts, independent of the general standards above: The accessory apartment shall be allowed in conjunction with, a asso@im@14 a civic, office or commercial use type. Page 5 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. 2. The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area _4 . on the site. Sec. 30-82-11. Multi -family Dwelling. (F) General standards in the C -I and C-2 districts, independent of the general standards above: The multi -family use shall be allowed in conjunction with, a ass@6atod a civic, office or commercial use type. 2. The multi -family use may account for up to fifty (50) percent of the gross floor area-- W . on the site. A special use permit shall be required if the multi -family use accounts for more than fifty (50) percent of the gross floor area on the site. Sec. 30-82-15. Two-family Dwelling. (C) General standards in the C-1 and C-2 district: The two-family dwelling use shall be allowed in conjunction with, Fir Fiss@@iat@d a civic, office or commercial use type. 2. The two-family dwelling use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the two-family use accounts for more than fifty (50) percent of the gross floor area on the site. SEC. 30-85. COMMERCIAL USES. Sec. 30-85-1. Agricultural Services. (B) In the C-1, ood C-2, and I-1 districts any outdoor storage area for agricultural equipment awaiting repair shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district. Sec. 30-85-8. Bed and Breakfast. (A) General standards: (B) In the R -I and R-2 zoning districts, the following additional standards shall apply: Page 6 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. One (1) guest sleeping room or accommodation shall be allowed as a by -right use provided the maximum number of guest occupants shall not exceed four (4) guests. 2. For two (2) or more guest sleeping rooms, a special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a bed and breakfast shall be considered a by -right use. SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 10. Residential chicken keeping including coops and chicken enclosures provided that: (b) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of two hundred fifty 0250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. Page 7 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. adoption. That this ordinance shall be in full force and effect from and after its Page 8 of 8 Note: Text additions are in red font. Text deletions are in red font and struck through. ACTION NO. ITEM NO. F-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: Ordinance to amend Chapter 23 "Stormwater Management" of the Roanoke County Code SUBMITTED BY: Tarek Moneir Deputy Director of Development Services APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors established this chapter on April 22, 2014, in order to comply with the Virginia Stormwater Management Act and State stormwater management regulations. At that time, Roanoke County became the local Virginia Stormwater Management Program (VSMP) authority. Some revisions and additions are needed in this County Ordinance in response to the Virginia Department of Environmental Quality (DEQ) review, and our experience in operating the program. Additionally, Roanoke County has been requested to become the VSMP Authority for the Town of Vinton (see attached letter from the town manager). Currently, through agreement between the County and Town of Vinton, Roanoke County Community Development staff review and approve all development and construction plans for stormwater management requirements, erosion and sediment control and building code compliance for Town of Vinton. The specific ordinance changes include: a) definitions and minor word changes requested by DEQ; b) extension of the County's VSMP authority to include the Town of Vinton; and c) addition of civil charges for violations of the ordinance to increase the County's enforcement flexibility. The most significant changes in Section 23-9 Enforcement and Penalties are contained in subsections 4-G, 4-H, & 4-I. Page 1 of 2 The proposed changes will: a) Comply with DEQs request to be fully compliant with the latest State Stormwater Management regulations; b) Relive the Town of Vinton of the burden of having State certified employees to run their VSMP program; and c) Provide additional information to assist the County in implementing its post - construction responsibilities (periodic inspection). County staff has reviewed this ordinance with the Roanoke Regional Home Builders Association and with the Board of Supervisors at a work session on August 25, 2015. FISCAL IMPACT: None ALTERNATIVES: 1. Approve the first reading of the attached amended ordinance of Chapter 23 Stormwater Management and other legal actions" of the Roanoke County Code and schedule a second reading and public hearing on September 22, 2015 2. Deny the amendment as presented STAFF RECOMMENDATION: Staff recommends alternative 1. Attachment: • Letter dated August 31, 2015 from Christopher S. Lawrence, Town Manager of Town of Vinton • Stormwater Management Proposed Ordinance Page 2 of 2 'TOWN OF VINTON 0 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0607 Vr i i1" I i W"N r„ FAX: (540) 983-0626 CHRISTOPHER S. LAWRENCE INTON EMAIL: clawrence@vintonva.gov TOWN MANAGER V c n c t% 1 a August 31, 2015 Mr. Thomas Gates, Administrator County of Roanoke 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018 Dear Tom: This letter is written to serve as a formal request for Roanoke County to administer and become the authority for the Town of Vinton's Virginia Stormwater Management Program (VSMP). This includes, but is not limited to, administering and enforcing the VSMP regulations. The VSMP program requires the County to collect permit fees and remit the State's portion of the fee to the State; review stormwater plan submittals; submit project information and coordinate with the Department of Environmental Quality (DEQ) on issuance of permit coverage; perform periodic inspections of construction sites; perform enforcement activities when required; and maintain records and report to DEQ annually. Currently, through agreements between Roanoke County and Town of Vinton, our development and construction plans are being reviewed and approved by County personnel for stormwater management requirements, erosion and sediment control, and building code compliance. The Town recognizes the importance of working cooperatively with other jurisdictions in the Roanoke Valley to develop ordinances and regulations pertaining land use activities. Beginning in 2003, the Town of Vinton has worked cooperatively with staff from both Roanoke County and the City of Roanoke on the implementation of the stormwater management program. Mrs. Anita McMillan, the Town's Planning and Zoning Director, is currently in charge of the Town's VSMP and Municipal Separate Storm Sewers System (MS4) permit compliance and continues to actively participate on the regional storrmwater committee. I greatly appreciate your consideration of this request, and Town staff is looking forward to continuing to work cooperatively with your staff. Sincerely, der.Christopawrence Town Manager c: Anita J. McMillan, Planning and Zoning Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 2015 ORDINANCE AMENDING CHAPTER 23. STORMWATER MANAGEMENT OF THE ROANOKE COUNTY CODE WHEREAS, on April 22, 2014, the Board of Supervisors of Roanoke County adopted Ordinance 042214-12, which adopted a new Chapter 23. — Stormwater Management Ordinance for Roanoke County; and WHEREAS, the Department of Environmental Quality (DEQ) has reviewed this ordinance, and in consideration of recent legislative and regulatory changes, and is recommending that the Board consider adopting minor modifications to this Ordinance; and 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 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 Page 1 of 2 WHEREAS, the Commonwealth of Virginia has determined that to increase the effectiveness of these programs, the administration of the VSMP stormwater management requirements are being transferred to the localities; and WHEREAS, Roanoke County is the local VSMP authority, which will result in additional plan reviews, field inspections, educational activities, enforcement actions and coordination with DEQ; and WHEREAS, this ordinance satisfies the DEQ current requirements effective July 1,2015 -land WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015. 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, amended and readopted to read and provide as attached. 2. That the effective date of this ordinance is September 22, 2015. Page 2 of 2 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............................................................................................. 23-1.3Applicability....................................................................................... 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 subjectto 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 ..................................... Page 1 of W40 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 Appea Is............................................................................................ . 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 .................................................... m �` IV Page 2 of 3740 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. Page 3 of 3740 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 'ithin the Town of Vinton, 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: Page 4 of 3740 Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1; 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. Page 5 of 3740 Commented [DMH11: How do we transition for the County to be the Vinton VSMP Authority? 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 11-C 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. Page 6 of 3740 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 R o a n o k e C o u n t y the—!esa44 to be commented [DMH2]: Required by DEQ. equivalent thereto (i) was approved by Roanoke C o u n ty#4e—Ieeat+ty l 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; A state permit has not been issued prior to July 1, 2014; and 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: 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; A state permit has not been issued prior to July 1, 2014; and 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 ti me. 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. 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, Page 7 of 3740 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: 1. 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 Best Management Practices (BMPsJ or to initiate or maintain appropriate actions which are required to restore proper functioning of a stormwater management facility or other BMP operation when a land Page 8 of 3740 owner, after proper notice, has failed to take acceptable action within the time specified; 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 e -structural or nonstructural 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. Page 9 of 3740 "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 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 10 of X40 Commented [DMH3]: Correction, required by DEQ. "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. Page 11 of X40 "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) ReFFRO 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. Page 12 of X40 "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 - commented [DMH4]: General cleanup to match state describing methods for complying with the requirements of Section 23-3.5 of this definition. Ordinance. Formatted: Indent: First line: 0" "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 "^Lianas boundary 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 waste -load 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—the program approved by the State Board after September 13, 2011, that has been established by a Page 13 of X40 aesayRoanoke County to manage the quality and quantity of runoff resulting Formatted:Ind ent: Left: 0.07", Right: 0.08", Space from land-disturbing activities and shall include such items as teeal— my Before: 0 pt 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 Commented [DMHSI: Explicitly stating that Roanoke County is the VSMP authority for the Town of Vinton. 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.A#ise Page 14 of X40 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. 1. 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. Descriptionof any additional control measures necessary to addressaTMDL. Page 15 of X40 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: 1. 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 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 torop hibit 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 16 of X40 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 common plan of development or saleland .d'c+""h"'g I e#y4�Individual Commented [DMH6]: Required by DEQ lots in new residential, commercial, or industrial developments develo : 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 (§ 54.1400 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 Page 17 of 4740 registered in the Commonwealth, certifying that the stormwater management Page 18 of X40 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 or if ..,owe( .ranoke Cour,,. and documented during the review process that addresses the current and final site conditions ; Commented [DMH7]: Required by DEQ. 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. Hydrologic and hydraulic computations, including runoff characteristics; Documentation and calculations verifying compliance with the water quality and quantity requirements 'u E c n2u v.1v. Commented [DMHs]:Required byDEQ. 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 Page 19 of 37 area, forest cover, and other vegetative areas; (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. 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. 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, Page 20 of 37 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 20_years, if the County is responsible for the regional stormwater management facility's operation and maintenance. D. 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 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. 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. The County shall require a maintenance guaranty in the amount of twenty (20%) percent of the construction costs of the stormwater management facility. 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. 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. 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). R At the discretion of the Administrator, a formal maintenance agreement and access easement agreement maVPee4 not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual single-family residential lot on which they are located, provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administratieeor. +� I. If a formal maintenance agreement and access easement agreement is not required as described in paragraph H above, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual single- family residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator. 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 Page 24 of 37 Formatted: Not Expanded by / Condensed by Formatted: Indent: Left: 0.08", Hanging: 0.5", No bullets or numbering Commented [DMH9]: Required to address use of agreements in lieu for single family residential construction. 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. 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 Page 25 of 37 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. 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. 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 Page 26 of 37 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. 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. 1. 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. Page 27 of 37 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. 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 �oartment of Environmental Quality. Commented [DMH10]: Correction per DEQ 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. 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. Page 28 of 37 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. 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 Page 29 of 37 proceed until any violations are corrected and all work previously completed has received approval from the County. The permittee is responsible f o r 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 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. Record drawings shall not be required where the Administrator does not require a formal maintenance agreement and access easement agreement for stormwater management facilities designed to treat stormwater runoff primarily from an individual single-family residential lot on which they are located. Commented [DMH111: Coordinated with special residential lot conditions. B. Receipt of record drawings and supporting documentation, final inspection and approval by the County, execution and recordation of maintenance agreement, Page 30 of 37 and permit termination is required before the release of performance securities. 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. Formatted: Indent: Left: 0.58", No bullets or D. A supplemental digital file of the record drawings shall be submitted to the numbering County for its use in maintaining public records. The supplemental digital file shall comply with the requirements contained in the Roanoke County Stormwater Management Design (Manual. commented [DMH12]:Weneed this toaid instaff .� efficiency. Formatted: Indent: Left: 0.08", Hanging: 0.5", No SECTION 23-7 I bullets or numbering 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. bV the property owner in conformance with the applicable performance requirements contained in the approved stormwater facility maintenance agreement. C gE4s� tormwater structures and stormwater management facilities were required as a condition lot Gebe100i:ie1it. iierurore, they shall be \ operated, inspected, maintained and repaired, bV the property owner, as necessary for proper operation of the structures and facilities even if there is no+h^+ de ^^+ have Feee recordfded stormwater facility maintenance agreement shall be—epeFated, ies eeted, m� ped—alb-FepaiFed �eF, red for proper epera+,�+ the StFUGW es and faGilities. In the event of non-compliance, the County at its discretion, after giving appropriate notice to the property owner maV enter the property for the purpose of Page 31 of 37 Commented [DMH13]: Added language to make clear that SWM facilities without agreements still require maintenance under this ordinance. Commented [DMH14]: Remove existing as we may have new facilities with no agreements as well (due to oversights). assess civil penaities or civil cnarcies In accordance witn Section L.i y. In the Commented[DMH15]:Can welegally assess civil event that the County maintains or repairs stormwater management facilities, the Penalties if no open permit exists? a �eof shall be Following are the minimum maintenance- 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 repaired as rr , 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. Stormwater sheet flow shall not be converted to concentrated flow by extendina downSDOUtS or other drains toward streets or property lines. Rain gardens, pervious pavement. and other stormwater manaaement facilities shall not be removed or rendered inoperable 3. zhllr�- '7,tormwater management facilitlasy 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. 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. — Formatted: Not Expanded by / Condensed by Formatted: Indent: Left: 0.83", No bullets or 9. Manufactured stormwater management facilities shall be maintained as numbering recommended by the manufacturer. _ Formatted: Indent: Left: 0.83", No bullets or 9-10. Additional maintenance activities shall be performed, as needed, to numbering maintain proper operation. D. In addition to the inspections performed by the property owner, the County will Page 32 of 37 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. 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, except that periodic post -construction 1hSP8CL10i'i, oV Liie vOLAIIL�, is ,icy leguired where- a formal maintenance agreement and access easement agreement is not required by the Administrator Commented [DMH16]: Coordinated special requirement for single family development. 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. 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 Page 33 of 37 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. 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 and any property owner trial icii5 iU F'.;ii7Vi:.ue �)iO%'di FJ06L i3OiisliUC facilitv for which it is responsible, 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, -,1, failure to provide > maintenance to a stormwater management facility; notice shall be served upon the permittee or person responsible for carrying out the permit conditions property owner responsibly by any of the Page 34 of 37 Commented [DMH17]: Should we have language for penalties for lack of post -construction maintenance. How is this handled? How should enforcement where we have maintenance agreements be handled? Like code enforcement? What about HOAs, what about where there are no agreements? Should we place some language in here about development where there are no agreements, still require SWM facilities as required as a part of the development agreement and must be maintained? 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. 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 Page 35 of 37 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; 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; Discharges not in compliance with the requirements of Section 9VAC25- 880-70 of the general permit Page 36 of 37 It E. 44-12. Fallul-4 to perform proper post construction maintenance or repair to r a stormwater management facility. The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. 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. 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. 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 against such person, for the payment of civil charges for violations in specific sums as indicated in the following schedulel:net t^ eXceed the i;mit spermi^per clivi s sle ^R of this sest,�. h vii rl nhor^^ choll^ atIef a r ! appFepr otG n vil ^altywhish n i I'd IPP imed 6nde1 ihrlivic n Q the General Permit from the Department shall be one thousand fi„^ hinrlr^rl^ �r^,� dollars ($17,0&00.00) per day. 2. Commencement of land disturbing activity without preparation of a SWPPP shall be one thousand fi"o hlr^ ,^�' ollars ($1,0500.00) per day. 3. Commencement of land disturbing activity with an incomplete SWPPP, or failure to properly amend a SWPPP to reflect changes in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and has not been previously addressed in the SWPPP shall be fiveGe4&4 hundred #i#t�L-dollars ($5 050.00) per dav; 4. State permit registration statement not posted, or SWPPP not available for review shall be five hundred dollars ($500.00) per day. 5. Failure to comply with SWPPP requirements shall be five hundred dollars ($500.00) per day; 6. Failure to conduct and document required inspections shall be five hundred dollars ($54900.00) per day. 7. Incomplete, improper, or missed inspections, including lack of proper Page 37 of 37 Formatted: Indent: Left: 0.96", No bullets or numbering Commented [DMH18]: Can we add failure to maintain SWM facilities? Formatted: Indent: First line: 0" Commented [DMH19]: Should this be for specific amounts or not to exceed. May Administrator assess lessor amounts? Commented [DMH2O]: Change provided to allow assessment of civil charges. Formatted: Indent: Left: 0.58", No bullets or Commented [DMH21]: All require review. signature shall be five hundred dollars ($500.00) per day. 8. Discharges not in compliance with the requirements of Section 9VAC25- 880-70 of the general permit shall be five hundred dollars ($500.00) per day. 9. Failure to obey a stop work order shall be two thousand five hundred dollars ($2,500.00) per day. 10. Failure to stop work when a permit is revoked shall be two thousand five hundred dollars ($2,500.00) per day. 11. IFallurel to perform proper post construction maintenance or repair to a stormwater management facility within the time period set by the Administrator or 30 days, whichever is longer, shall be one hundred dollars ($100.00) per day. H. The total civil charges are 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. Formatted:Indent. Left: 0.96", No bullets or numbering Formatted:Indent: Left: 0.96", No bullets or numbering Formatted: Indent: Left: 0.96", No bullets or numbering Commented [DMH22]: Can we have civil charges for refusal to perform post construction maintenance? No VSMP permit in this instance. How are breaches in the maintenance agreements handled legally? rmatted: Indent: Left: 0.96', No bullets or numbering Formatted: Indent: Left: 0.58", No bullets or 6-1. Any civil charge shall be paid into the County treasury to be used for the purpose numbering of minimizing, preventing, managinci, or mitigating pollution of the waters of the County and abating environmental �pollutionl. c mmented [DMH23]:Doweneed this' Do weneed a specific account code? #-J_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 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 at the discretion of the A ministratc Commented[DMH2a]:Added language tomakesurethat until corrections have been made in accordance with the approved plans, notices of it was clear that this was discretionary. violation, stop work order, or permit requirements, and accepted by the County. Page 38 of 37 -END - Page 39 of 37 ACTION NO. ITEM NO. F-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Ordinance to amend Chapter 8.1 "Erosion and Sediment Control" of the Roanoke County Code Tarek Moneir Deputy Director of Development Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Chapter 8.1 — Erosion and Sediment Control is authorized by the Code of Virginia (§10.1- 50 et seq.) Title 62.1, Chapter 3.1, Article 2 known as the Virginia Erosion and Sediment Control law. Extensive revisions are needed in response to changes in State law and regulations. The most significant changes include additional stormwater management (quantity) requirements for projects that require an erosion and sediment control plan, but are not regulated under the Virginia Stormwater Program (VSMP). The attached document revises definitions to match State definitions and requires projects that require an erosion and sediment control plan to comply with VSMP water quantity requirements. It further simplifies the fees section of this chapter and updates the amount of bond maintained by the County to twenty five percent (25%) of the total cost of the project effective July 1, 2017. FISCAL IMPACT: None Page 1 of 2 ALTERNATIVES: Approve the first reading of the attached amended ordinance of Chapter 8. "Erosion and Sediment Control, injunctions, and other legal actions" of the Roanoke County Code to correspond with Virginia's Erosion and Sediment Control Law and schedule a second reading on September 22, 2015 2. Deny the amendment as presented STAFF RECOMMENDATION: Staff recommends alternative 1. Attachment A: Copy of the current Erosion and Sediment Control Ordinance Proposed Ordinance of Chapter 8 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, SEPTEMBER 8, 2015 ORDINANCE AMENDING CHAPTER 8.1. — EROSION AND SEDIMENT CONTROL OF THE ROANOKE COUNTY CODE WHEREAS, Chapter 8.1. — Erosion and Sediment Control of the Roanoke Formatted: Justified County Code was last amended by Ordinance #052708-19 on May 27, 2008; and WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted legislative changes to the enabling legislation, Article 2.4, Chapter 3.1 of Title 62.1 of the Code of Virginia, and these changes must be incorporated into the ordinances of its local governments; and WHEREAS, the administration of the Erosion and Sediment Control Program was transferred to the Department of Environmental Quality (DEQ) by Acts 2013, Chapters 756 and 793; and WHEREAS, DEQ has adopted regulations to administer the Erosion and Sediment Control Program; and WHEREAS, it is necessary for Roanoke County to amend Chapter 8.1 of the Roanoke County Code to incorporate the recent legislative and regulatory changes adopted by the Commonwealth of Virginia; and WHEREAS, these amendments revise various definitions and require compliance with water quantity of the Virginia Stormwater Management Program; and WHEREAS, the first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing was held on September 22, 2015. Pagel of 24 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That Chapter 8.1. - Erosion and Sediment Control be amended to read and provide as follows: Chapter 8.1 - EROSION AND SEDIMENT CONTROL Sec. 8.1-1. - Title, purpose and authority. This chapter shall be known as the "Erosion and Sediment Control and Steep Slope Development Ordinance of the County of Roanoke, Virginia." The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of Roanoke County eense.we the Iand,- atef, aiF and 9-trht-9FaT of the ,.e„n+„ by establishing requirements for the control of soil erosion sediment deposition and non-agricultural runoff apad c^d'i^ ,^rota i^^, and by establishing requirements for development of steep slopes, and by establishing procedures whereby these requirements shall be administered and enforced. This chapter is authorized by the Code of Virginia, Title 62.1444, Chapter 3315, Article 2.4 -(yes. ^��^ of sem, known as the Virginia Erosion and Sediment Control Law. Sec. 8.1-2. - Applicability of chapter in Town of Vinton. The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton. Administrative procedures and review fees may be established to accommodate the review of plans for development located within the town. Sec. 8.1-3. - Definitions. As used in this chapter, unless the context requires a different meaning: Agreement in lieu of a plan means a contract between the plan -approving authority and the owner that specifies conservation measures thatwhiAh must be implemented in the construction of a single-family residence hefi.ieen fiAA4 the - sand fide hi lRdFed (2,500) c e foo+ and five #he,'Gand squaFe feet nd.ler #uie hi'.RdFed fi4y MC.n\ to five h6lRdFed iGnm „hin aFds; this contract may be executed by the plan -approving authority in lieu of a formal site plan. Page 2 of 24 Applicant means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land - disturbing activities to commence. Board means the_ sta+e oeil on,t ,Vater ��Virginia State Water Control Board. Certified inspector means an employee or agent of a VESCPpregram authority who (i) holds a certificate of competence from the Bt3oard in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment. - Certified plan reviewer means an employee or agent of a VESCPpregram authority who; "Holds a certificate of competence from the Board in the area of plan rev iew, (2) (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or NO ids licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Aarticle 1 ( , Sec. 54.1-400 et seq.) of Cehapter 4 of Ttitle 54.1 or a professional soil scientist as defined in Sec. 54.1-2200 of the Code of Virginia. Certified program administrator means an employee or agent of a VESCPpFG@lFaR; authority who (i) holds a certificate of competence from the 134oard in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment. Clearing means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. 61 �E61Si9rr n+rib..+in +e nSer"3+TM -A trey+tMGR+. The plaR shall n+a n all majer dPP'M-.;MAR-.; tA -Pp. that the entire --nit Ar --nits Af land will nhieve the n io+inn ebientiyes County means the County of Roanoke. Oenud-erl rneaRs o term plied to land that has boon nhysinolly disturbed and n Ienner c erts vegetative n Department means the D4epartment of Environmental Quality PPAPPR+me n. Page 3 of 24 Development means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. Director means the Ddirector of the Department of Environmental Quality. District or Ssoil and W -water Ceonservation Ddistrict refers to the Blue Ridge Soil and Water Conservation District. Erosion and Ssediment Ceontrol Polan or Pplan means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It maV include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessarV bV the County to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. An Erosion and Sediment Control Plan must be prepared bV a Virginia Professional Engineer, Land Surveyor, Landscape Architect, Architect, or Professional Soil Scientist. Erosion impact area means an area of land not associated with current land disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of ten thousand (10,000) square feet or less used for residential purposes. Excavating means any digging, scooping or other methods of removing earth materials. Filling means any depositing or stockpiling of earth materials. Geotechnical report means a report provided at the applicant's expense, prepared and stamped by a professional engineer, that communicates site conditions, and recommends design and construction methods. (1) The geotechnical report shall include any or all of the following basic information, as determined by the professional engineer: a. Summary of all subsurface exploration data, including subsurface soil profile, exploration logs, laboratory or in situ test results, and ground water information; b. Interpretation and analysis of the subsurface data; c. Specific engineering recommendations for design; Page 4 of 24 d. Discussion of conditions for solution of anticipated problems; and e. Recommended geotechnical special provisions. (2) For guidance in investigating site conditions and preparing geotechnical reports, the professional engineer may refer to all applicable sections of: "Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications", US Department of Transportation, Federal Highway Administration Publication No. FHWA ED -88-053, as amended. (3) The geotechnical report shall be submitted to the plan -approving authority and included in site development files prior to issuance of a land disturbing permit. Grading means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. Land -disturbing activity means any man-made Xchange to the land surface that „ may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the CGommonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include: (1) Minor land -disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; (2) Individual service connections; (3) Installation, maintenance, or repairs of any underground public utility lines when such activity occurs on an existing hard -surfaced road, street or sidewalk provided such land -disturbing activity is confined to the area of the road, street or sidewalk that is hard -surfaced; (4) Septic tank lines or drainage fields unless included in an overall plan for land - disturbing activity relating to construction of the building to be served by the septic tank system; (5) Permitted s.9urface or deep mining operations and protects, or oil and gas operations and protects conducted pursuant to Title 45.1 of the Code of Virginia; (6) €xplepatinn 9F drilling fep eil and gas ORG161GIOR9 she well Site ads feedeIRes,, {}Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Page 5 of 24 Cehapter 11 ( Sec. 10.1-1100 et seq.) of Tthis title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Ssubsection B of Sec. 6e 10.1-1163; (7g)Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (88)Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act,aFtiele 2 (Va. Code § 10.1-604 et seq.)Gf Ghapter a the ^f ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; (948) Disturbed land areas fer all --ser, ^f less than two thousand five hundred (2,500) square feet in size; except as herein described for residential development. (104-) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (112-) Emergency work to protect life, limb or property, and emergency repairs; howeverpfe*ided. t if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plaR appF9VORg—aafh�heFitythis Ordinance. Land -disturbing Ppermit or approval means a permit or other form of approval issued by the Ceounty for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any other land disturbing activityp4949se _Qf- rfh #erei p . A' 41ine ^f the ty te Fegulate land diofiirhin aGtiVitiGs nrl nlinies and ^ iidGlinoc fonhninol Materials Natural channel desion conceats means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows laraer flows to access its bankfull bench and its floodplain. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Peak flow rate means the maximum instantaneous flow from a aiven storm condition at a particular location Page 6 of 24 Permittee means the person to whom the pepmot a„+hnriZinn land -disturbing approvalaatii+ina is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity. FeSPORS disturbing an+iVi+ino n nit n ni+a of lands and fnr appre iRgplana Oona+ refers +n rli+innsthotma be FeaSGRably eGted GF +mid Pr-- deyelopmnnf rnfnro to n nrli+inna at +hn tomo +hn o nd onrliMeRt nnn+rnl the time the eresien and sediment n ntrnl plan fnr +hn initial phaseis siihmitted fnr Responsible land disP�Pbepdisturber or RLD means an +mid-alindividual holding a certificate issued by the Department who is responsible for carrying out the land - disturbing activity in accordance with the approved ESC plan. In addition, the RLD may be a Virginia Professional Engineer, Land Surveyor, Landscape Architect, Architect, or Professional Soil Scientist, provided that it is the same licensed professional who sealed and signed the ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance. nharnn of and oihln fnr n ii+ land rliafiirhinn an+ivifii n rn rJ by aR appFevnd plan n agFGGMGn+ in linii of a plan nihn- Page 7 of 24 Runoff volume means the volume of water that runs off the land development prosect from a prescribed storm event. Single -family residence means a noncommercial dwelling that is occupied exclusively by one (1) family. Steep slope means a slope greater than 3:1, or thirty-three and one-third (33.3) percent. atmespheFOGd;+, RIS VV,+h96+ Rg P_ FA_ S 0 A-n d @ MER State permit means an approval to conduct a land-disturbing activity issued bV the Board in the form of a state stormwater individual permit or coverage issued under a state general permit. State waters means all waters on the surface and under the ground wholly or partially within or bordering the C4ommonwealth or within its jurisdictions. Town means the incorporated Town of Vinton. Transporting means any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. Virginia Erosion and Sediment Control Program or VESCP means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural runoff associated with a land -disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable 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 its associated regulations. VESCP aPlan-approving authority means the Director of Community Development or his assignee, depaF+,. eRt of Rmty ,,,,velen.,.eRt which is responsible for determining the adequacy of a GQP,- �+;+^^ plan submitted for land -disturbing activities on a unit or units of lands and for approving plans. VESCP authority or program authority means Roanoket4e. Csounty which has adopted a soil erosion and sediment control program that has been approved bV the B -board. Water Quality Volume means the volume equal to the first one-half inch of runoff multiplied bV the impervious surface of the land development prosect. Page 8 of 24 Sec. 8.1-4. - Administration of chapter in conjunction with subdivision and zoning ordinances. This chapter shall be administered, where applicable, in conjunction with the county's subdivision and zoning ordinances wherein such apply to the development and subdivision of land within the county or where such apply to development on previously subdivided land within the county. Sec. 8.1-5. - Local erosion and sediment control program. (a) Pursuant to section 62.1-44.15:54 of the Code of Virgin iaGGde „+ ViFgiRia § 10.1 162, the Ceounty hereby establishes a VESCP program and -adopts the regulations promulgated by the Board (for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources) and the Virginia Erosion and Sediment Control Handbook, as amended, , efeFe+Ges, g6lFeIORes, standaFG16 aR' spesifiGatiG s promulgated by the state ,l +or P.APrPP,;;tOAnbGard and those more stringent local SteFfflwateF maRageffleRt criteria which the county board of supervisors, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual". (b) In accordance with § 62.1-44.15:52 of the Code of Virginia, anv plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity reauirements for natural or man-made channels shall is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels Page 9 of 24 (2-1a)Forplans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.144.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP) regulations, unless such land -disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations. The Ceounty hereby designates the D4irector of Ceommunity 24evelopment or his assignee as the plan -approving authority. (c) The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Ddepartment of Caommunity Ddevelopment. (d) Pursuant to Sec. 62.1-44.15:53 of the Code of Virginia§ '^�1.4, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land -disturbing activities shall be conducted by a certified inspector. The erosion control program of the Ceounty shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. Sec. 8.1-6. - Regulated land -disturbing activities; submission and approval of plans; contents of plans. (a) Except as provided herein, no person may engage in any land -disturbing activity until he or she has submitted to the D4epartment of Csommunity D4evelopment an erosion and sediment control plan for the land -disturbing activity and such plan has been approved by the VESCP plaR apprGviPff authority. No approval to begin a land -disturbing activity will be issued unless evidence of state permit coverage is obtained where it is required. Where land -disturbing activities involve lands under the jurisdiction of more than one VESCP , an erosion and sediment control plan, at the option of the County'", may be submitted to the Departmentheard for review and approval rather than to each jurisdiction concerned. The Department may charge the County a fee sufficient to cover the cost associated with conducting the review. -Where the land -disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may, at the discretion of the County, be substituted for an erosion and sediment control plan if executed by the plan - approving authority. Additional requirements are given below: (1) Where the land -disturbing activity, from the construction of a single-family residence, results in hebveep bye thei-sand five h61RGIFer! (2,500) sg6lape foot a++dless than five thousand (5,000 ) square feet and/eF twe hy.n4i:Pd. fifty (25Q) to five h61RGIFerl (5O0) iihin y arf disturbed area, an Page 10 of 24 "agreement in lieu of a plan" ^Rtrel PIaP if ^ „+^ + by the PIaP aPPFGViRg „+heri+„ shall be accompanied by a plot plan that meets the Virginia Uniform Statewide Building Code for building permit plot plan requirements. (2) Where the land -disturbing activity, from the construction of a single-family residence, results in between five thousand (5,000) square feet and ninet&R thousand nine hundred ninety nine (9,9994$988) square feet andler five of disturbed area, an "agreement in lieu of a plan" shall be accompanied by either a plot plan .Pat meets the Virginia Uniform Statewide Building Code for building permit plot plan requirements, prepared by a A^r+�dresponsible land disturber, or an engineered plan prepared by a Virginia Professional Engineer, Land Surveyor, Landscape Architect, Architect, or Professional Soil Scientist pFefessmeRal er+ified IaRGISGape arAhi+e A+ showing the erosion and sediment control measures_ �6t hUQ mi++b9d ;-;P,+ eXce61ted by the PIaP appFGVOR autheFity—A Aid responsible land disturber must also be provided and identifiednaed. _(3) Where the land -disturbing activity, from the construction of a single-family residence, results in ten thousand (10,000) square feet or more_ andler seven hund-Fedtiff„ (750) A„hiA yards orrnere ^f disturbed area, an erosion and sediment control plan shallmust be submitted_ +h�TP +E�theiid sq6iape feet, Fefer +e the Alar+ hole,., +A defBF.e-req61iFGMeRtS fer the site And 10P Q. e Com^+ 4?a88 8 , *hi iildiRg permit Ale+ Plan FequiFed Page 11 of 24 2,589— 259"AgFeeMeRt -R — 5-989 598 5,()89— 500 i 9989 748 . Ftified RL:D, „rfifiP-d- lonrlonape ornhmtprt n P-E�epmot fee X10-909 >759 FrA�iAP ;;Pd gpdimppt F=. s.p Aertified IaRGISGape rnhite Gt� o Rt� rofir a *hiiilrlORg n mif plat plaR, Of Feq6IiFed by the ploFG9IIiFGMGAt-I; (c) An erosion and sediment control plan shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. (d) If individual lots or sections in a residential development are being developed by different property owners, all land -disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or an "Agreement in Lieu of a Plan" signed by the property owner. The property owner is responsible for complying with the provisions of (a) or (b) above for each lot to obtain an erosion and sediment control permit. e) Land-disturbina activitv of less than two thousand five hundred (2.500) sauare feet on individual lots in a residential development shall not be considered exempt from the provisions of this ordinance, if the total land -disturbing activity in the development is equal to or areater than two thousand five hundred (2.500) sauare feet Page 12 of 24 A- GG FtifiG d PG SPGRSib I G la Rd do 64-1. Ph G r ;-;Ad .536119M Otto Rg a p!Gt p! a R fGr e a Gh !At tA A ht AMA &) The standards contained with the "Virginia Erosion and Sediment Control Regulations," and The Virginia Erosion and Sediment Control Handbook, as amended and those more stringent local stormwater management criteria which the board of supervisors of the county, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual" are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan.-_In cases where one standard conflicts with another, the more stringent applies. The VESC )pIaR appreviR Ip an- approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. The, plan appreviRg .,furl in ZIWAC-50 20 50 nffhe state, o nrl se,rlirr.e,n+ n nfrnl r lila+inns (ge)The VESCP plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of the Erosion and Sediment Control Law and the Board's regulations, and if the person responsible for carrying out the plan certifies that he will properly perform the measures included in the plan and will conform to the provisions of this ordinance. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of the responsible land disturber, to the program authority, as provided by § 62.1- 44.15:52, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrvinq out the land-disturbing activity. Failure to provide the name of the responsible land disturber, prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrvinq out the plan shall be subject to the penalties provided in this ordinance. However, the VESCP plan-approving authority may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of the responsible land disturber, as provided by 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of the responsible land disturber shall be a violation of this chapter. The plaR appFeYiRg authGFity shall gFaRt WFifteR appFeval withiR feFty five (45) days e Page 13 of 24 measures nI61GIG I in fho PI;_;A A_Pd VAII n r.fnrm fn fho n of this nhapter. NWhen the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within forty-five (45) days. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken by the plan -approving authority within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. (if) d+s#urbiRg eet+vities shn,.,n the ed plarR, thePeFSGnFes{Grsible—fer eG1PeteRGG, tG thG pregram a6itherity, as O4,ided by SeGti„n 10. 1 561 of the state prev the n;;rmm „f a �i„i �„�I hAldi. eeFtifiiea#e Gf eGMpeteRGe Prier te ;e P&rsGN fnrAERFFYORg964 fho plan ch al hho ci ihicGf tG the peRalties PFA-Vid-kad On this The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the clan has been revised. resubmitted for aooroval. and deemed adeauate. Qg) The VESCP authority may require changes to aAn approved plan may 18 nhaRg by the plaR appFGVdRg when: (1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or (2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan approving authority and the person responsible for carrying out the plan. Page 14 of 24 (L4)Variances: The VESCP plan -approving authority may waive or modify any of the standards that are deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions: (1) At the time of plan submission, an applicant maV request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed bV the plan -approving authoritV shall be documented in the plan. During construction, the person responsible for implementing the approved plan maV request a variance in writing from the plan -approving authority. The plan -approving authority shall respond in writing either approving or disapproving such a request. If the plan -approving authoritV does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant maV resubmit a variance request with additional documentation. The VESCP authority shall consider variance requests ludiciouslV, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage. (1) In order to prevent further erosion, the Cc-ounty may require approval of a plan for any land identified in the local program as an erosion impact area. (mi)When a land -disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion control plan shall be the responsibility of the owner. (nt) In accordance with the procedure set forth in §62.1-44.15:55 (E) of the Code of Virginia, any person engaging, in more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. ArmV Corps of Engineers, maV, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annuallV with the Board for review and approval consistent with guidelines established bV the Board. Approval of general erosion and sediment control specifications does not relieve the owner or operator from compliance with anV other local ordinances and regulations including requirements to submit plans and obtain permits as maV be required bV such ordinances and regulations. Page 15 of 24 The beiaird -shall have sixty (6C)) days OR whieh te appFeVe the speeifiGatieRS. If RE) aGtOGR rSfaLGR by thGorr! ,niifhin 631 days the SpeGifiGati9RS droll he deemed o or! Tho hnorrl droll have the orrfhnrity fn onfnrno 0 ed c nifinofinnc (2-k)State agency projects are exempt from the provisions of this chapter, except as provided for in the Code of pursrro„f f^ (;94 . Virginia, Sec. 62.1-44.15:56§-U9.4 564. ( ) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to the International Building Code for steep slope development requirements. ( ) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a geotechnical report is provided for the proposed slopes. ( ) Cut slopes or fill slopes shall not be greater than twenty-five vertical feet in height, unless a geotechnical report is provided for the proposed slopes. Cut slopes or fill slopes less than or equal to 3:1 (horizontal:vertical) may exceed twenty-five (25) vertical feet in height and shall not require a geotechnical report. (s&)For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) o greater than or equal to twenty-five (25) vertical feet in height 2 nan 3: i (norizontal:verticai), as -built plans showing that the finished geometry hnc,�rl 0n :,i 'iclyd-;firn.. r� IS In substantial conformity with the design shall be provided to the plan -approving authority. ( ) Fill materials, compaction methods and density specifications shall be indicated on the site development plans. Fill areas intended to support structures shall also be indicated on the site development plans. Page 16 of 24 ( )Development plans for all new subdivisions shall show proposed lot grades to ensure positive drainage. Sec. 8.1-7. - Permits; fees; bonding; etc. (a) Agencies authorized under any other law to issue grading, building, or other permits for activities involving land -disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan certification that the plan will be followed and evidence of state permit coverage where it is required. (b) No person shall engage in any land -disturbing activity until he has acquired a land - disturbing permit, unless the proposed land -disturbing activity is specifically exempt from the provisions of this chapter, and has paid the fees and posted the required bond. (c) Fees. An applicant requesting permission to begin land -disturbing activity pursuant to this article shall pay the following fees to cover the administrative expense of review, permitting, and inspection. Disturbed Area (Square Feet) Fee Less than 5,000 $25.00 5,000 — 9,999 $50.00 10,000 — or greater $100.00 + $100.00 per disturbed acre, or portion of an acre M+W!T!3 Page 17 of 24 Formatted: Font: Arial, 12 pt, Highlight Formatted Table Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: ed: rmatted: Font. Arial, Highlight FormattFont. Arial, 12 pt, Highlight Formatted- Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight In the event that the County requests the Department to review and approve of Formatted: Font: Arial, Highlight land -disturbing activities that involve lands under the jurisdiction of more than one VESCP, the applicant shall be responsible to pay the entire fee that the Department charges the County to cover the Department's cost associated with conducting the review and inspections. (e4)No land -disturbing permit shall be issued until the applicant submits with the application an approved erosion and sediment control plan or agreement in lieu of an approved erosion and sediment control plan and certification that the plan will be followed. Bond. All applicants for permits shall provide to the Ceounty a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the D4irector of Ceommunity Development or his assignee, to ensure that measures could be taken by the County at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him as a result of his land -disturbing activity. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality plus a contingency for estimated administrative costs and inflation. The contingency shall be 10% of the total estimated cost to initiate and maintain the appropriate conservation action, until July 1, 2017. On July 1, 2017 and thereafter, the contingency shall be 25%. The amount of contingency is in accordance with Title 15.2, Chapter 22, Article 41 (Section 15.2-2241, et seq.) of the Code of Virginia amended Should it be necessary for the Ceounty to take such C conservation action, the eounty may collect from the applicant any costs in excess of the amount of the surety held. Within 60 days of adequate stabilization and completion of all other site requirements, as determined by the D4irector of Ceommunity Ddevelopment or his assignee, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. Page 18 of 24 (he)These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. Sec. 8.1-8. - Monitoring, reports, and inspections. (a) The responsible land disturber, as provided in § 62.1-44.15:52, shall be in charge of and responsible for carrvinq out the land -disturbing activity and provide for periodic inspections of the land -disturbing activity. The Ceounty may require the person responsible for carrying out the plan oRGI�9F 4h+ham ihlo'onr7 diSt.irher to monitor .the land -disturbing activity. Theep rson responsible for carrying out the plan4e^d4&+„r"or will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. (b) The D4epartment of Csommunity 24evelopment shall periodically inspect the land - disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulationsas r -&%Y d e thhe state—pregra,m to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If the Dd•irector of Ceommunity 24evelopment. or his assignee, determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee or. person responsible for carrying out the plan er the rosr., RSmh'o 'onrJ dis+„rhor by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land -disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. (c) Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1- 44.15:55, -44.15:56, the Director of Community Development, or his assignee, may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land -disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. r his assigRee may, R GeRjL1RGtieR with n ubseque Rt W a netir.e bA n ply a s h,.wr. h...... +..kpn Page 19 of 24 If land -disturbing activities have commenced without an approved plan or proper permits, the D4irector of Ceommunity devrDevelopment or his assignee may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land -disturbing and/or construction activities be stopped until an approved plan or any required permits are obtained. Failure to comply will result in civil penalties as outlined in section 8.1-9 of this chapter. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the C4eommonwealth, or where the land -disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the CountyGRfGFGiRg authe4y or permit holder for appropriate relief to the Ceircuit Ceourt. The County shall serve such order for disturbance without an the address specified in the land records. Said order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the D4irector of Csommunity Development or his assignee may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the Ceounty. The owner may appeal the issuance of an order to the Ceircuit Ceourt of the Ceounty. Any person violating or failing, neglecting or refusing to obey an order issued by the D4irector of Ceommunity 24evelopment or his assignee may be compelled in a proceeding instituted in the Ceircuit Csourt of the Csounty to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the D'girector of Ceommunity 24evelopment or his assignee from taking any other action authorized by this chapter. Page 20 of 24 Sec. 8.1-9. - Penalties, injunctions, and other legal actions. (a) Violators of this chapter shall be guilty of a CGlass I misdemeanor. (b) Civil penalties: (1) A civil penalty in the amount listed on the schedule below shall be assessed for each violation of the respective offenses: a. Commencement of land disturbing activity without an approved plan as provided in section 8.1-6 shall be one thousand dollars ($1,000.00) per day. b. Vegetative measures. Failure to comply with items 1, 2 ar-4 3, or 5 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. c. Structural measures. Failure to comply with items 2, 4, 6, 7, 8, 9, 10, 11, 15v a4:4 17, or 18 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. d. Watercourse measures. Failure to comply with items 12, 13 and 15 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. e. Underground utility measures. Failure to comply with item 16(a) and/or (c) shall be three hundred dollars ($300.00) per violation per day. f. Failure to obey a stop work order shall be one thousand dollars ($1,000) per day. g. Failure to stop work when permit revoked one thousand dollars ($1,000) per day. (2) Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00), except that a series of violations arising from the commencement of land -disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of ten thousand dollars ($10,000.00). The assessment of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. (c) The D4irector of Ceommunity 24evelopment or his assignee, or the owner of property which has sustained damaae or which is in imminent danaer of beina damaged, may apply to the Ceircuit Ceourt of the Ceounty to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.1555, 62.1-44.15:56'mar, without the necessity of showing that an adequate remedy at law does not exist. Page 21 of 24 However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. (d) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the Csounty in a civil action for damages. (e) Civil penalty enumerated. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the Csourt, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each violation. A civil action for such violation or failure may be brought by the Csounty. Any civil penalties assessed by a Csourt shall be paid into the Ttreasury of the Creounty, except that where the violator is the locality itself, or its agent, the Csourt shall direct the penalty to be paid into the state treasury. (f) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, the Csounty may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (b)(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (b) or (e). (g) The Csounty's Aattorney shall, upon request of the Csounty ^r the PGFMit Make legal action to enforce the provisions of this chapter. (h) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. Sec. 8.1-10. -Appeals and judicial review. Any applicant under the provision of this chapter who is aggrieved by any action of the Csounty or its agent in disapproving plans submitted pursuant to this chapter shall have the right to apply for and receive a review of such action by the Csounty Bt;oard of Ssupervisors. In reviewing the agent's actions, the B40ard of Ssupervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Bboard of Ssupervisors decision shall be Page 22 of 24 final, subject only to review by the Ceircuit Ceourt of the Ceounty. Any applicant who seeks an appeal hearing before the Board of Ssupervisors shall be heard at the next regularly scheduled B -board of Ssupervisors public hearing provided that the Bboard of Ssupervisors and other involved parties have at least thirty (30) days prior notice. Final decisions of the Ceounty under this chapter shall be subject to review by the Csounty Ceircuit Ceourt, provided an appeal is filed within thirty (30) days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land -disturbing activities. Sec. 8-1.11. - Civil violations, summons, generally (a) The Ddirector of Community Development shall prepare an appropriate erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. (b) Any inspector of the VESCP plan approving authority charged with enforcing this chapter shall serve upon any owner or permittee in violation of this chapter, a summons notifying the owner or permittee of said violation. If unable to serve the owner or permittee in person, the inspector may notify by summons an owner or permittee committing or suffering the existence of a violation by certified, return receipt requested mail, of the infraction. The Ceounty Ssheriffs office may also deliver the summons. The summons shall contain the following information: (1) The name and address of the person charged. (2) The nature of the violation and chapter provision(s) being violated. (3) The location, date, and time that the violation occurred, or was observed. (4) The amount of the civil penalty assessed for the violation. (5) The manner, location, and time that the civil penalty may be paid to the Ceou nty. (6) The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. (c) The summons shall provide that any person summoned for a violation may, within five (5) days of actual receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Csounty Treasurer's office and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. Page 23 of 24 (d) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the Ceounty shall cause the Ssheriff of Csounty to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in Ggeneral D4istrict Csourt in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the Csounty to show the liability of the violator by the preponderance of the evidence. Any admission of liability, or finding of liability shall not be a criminal conviction for any purpose. (e) The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies by law. (f) The owner or permittee may pay the civil penalty to the Ttreasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. (g) Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by presenting it to the Cairector of Community Development, who shall certify the contest in writing, on an appropriate form, to the Ggeneral D4istrict Ceou rt. (h) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c), above, shall result in the immediate issuance of a stop work order and the revocation of the permit, if any. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 24 of 24 ACTION NO. ITEM NO. F-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: Ordinance authorizing the granting of an electric utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.00-01-08.00) for the purpose of an underground electric power line to Green Hill Park Ball Field at 3050 Green Hill Park Road, Catawba Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Appalachian Power is requesting that Roanoke County grant an electric line easement from an existing overhead line for purposes of an underground electric service to the Green Hill Park Ball Field. A drawing entitled "Proposed Right of Way on Property of Roanoke County Board of Supervisors" plan prepared by AEP, dated 7/16/2015, indicating the proposed location of an underground electric line and transformer pad is attached. Staff has met with officials of AEP on site and has determined the location of the easement will have a minimal amount of impact on County -owned property. The underground line will have no impact on County maintenance. FISCAL IMPACT: No funding from Roanoke County will be required for this request. Page 1 of 2 ALTERNATIVES: Authorize the granting of an electric easement to Appalachian Power for the purpose of an underground electric line to the Green Hill Park Ball Field and schedule second reading and public hearing for September 22, 2015. 2. Decline to authorize the requested easement. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 8, 2015 ORDINANCE AUTHORIZING THE GRANTING OF AN ELECTRIC UTILITY EASEMENT TO APPALACHIAN POWER (AEP) ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.00-01-08.00-0000) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO GREEN HILL PARK BALL FIELD AT 3050 GREEN HILL PARK ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing electrical service to the Green Hill Park Ball Field from an existing overhead electric line; and WHEREAS, the proposed utility easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 8, 2015, and the second reading and public hearing of this ordinance was held on September 22, 2015. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a utility easement. 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way on Property of Roanoke County Board of Supervisors", prepared by Appalachian Power Page 1 of 2 Company and dated 7/16/2015, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 TAX PARCEL No. 055.00-01-08.00-0000 Map No. 3780-250-134 Prop No. 1 THIS AGREEMENT, made this W. O. No. W002603201 Job No. 15 100051 day of , 2015, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "Grantors," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian." WITNESSETH: THAT for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand or other good and valuable consideration paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, a " non— exclusive " right of way and easement with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric power underground, including electric service lines and extensions therefrom, in, on, along, over, through, across and under the lands of the Grantors identified as Tax Parcel 055.00-01-08.00-0000, situated in Catawba District, County of Roanoke. Being a right of way and easement to provide electrical service to Green Hill Park Ballfield at 3050 Green Hill Park Road. Said right of way and easement depicted as a Proposed Underground Electric Line on Appalachian Power Company drawing dated 07/16/2015 entitled, "Proposed Right of Way on the Property of Board of Supervisors of Roanoke County Virginia" attached hereto and made a part hereof as EXHIBIT "A". TOGETHER with the right to Appalachian, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022-2121 underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian Facilities"), in, on, along, through, across and under the above referred to premises; the right to cut, trim and/or otherwise control any trees overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, through, or across and under the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. Appalachian agrees to restore and repair any damage to Grantor's property that may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that Appalachian will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating such restoration. APPALACHIAN will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persons or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. This instrument is executed by a duly authorized administrator of Roanoke County, Virginia, to signify approval by the Board of Supervisors of Roanoke County, Virginia, of the conveyance of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board on the day of 12015. 2 TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. It is agreed that this foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the following signatures and seals. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA STATE OF VIRGINIA ) TO -WIT: COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of , 2015, by NAME and on behalf of Roanoke County, Virginia. My Commission Expires: 3 TITLE NOTARY PUBLIC for GREEN HILL PARK 9AL Fl£LD GREEN HILL PARK ROANOKE,COUNTY, VIRGINIA T.D.665000 MAP SECTION 37800250134 APPALACHIAN POWER COMPANY CHARLESTON REGION, ROANOKE DISTRICT-ROANOKE COUNTY, VIRGINIA PROPOSED RIGHT OF WAY ON THE PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA oer,:vn er BLC I)ATi- 07/16/2015 -1 NONE DRAWING NO EXHIBIT "A" ACTION NO. ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2014 AGENDA ITEM: Ordinance amending Article II. — Regulation of Open Burning of Chapter 9 — Fire Prevention and Protection of the Roanoke County Code SUBMITTED BY: APPROVED BY: Stephen Simon Chief of Fire and Rescue Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the second reading of an ordinance amending the open burning section of the Roanoke County Code. The first reading was held on August 25, 2015. In accordance with the Clean Air Act, the Commonwealth State Air Pollution Board has revised and enacted new regulations as it relates to open fire burning. The goal of the regulations is to reduce excessive volatile organic compound emissions in the Western Emissions Control Area which incorporates the County of Roanoke. The Fire and Rescue Department Fire Marshal's Office is the mandated agency to enforce the open burn law. Changes to the Commonwealth's open burning regulations that took effect July 15, 2015, reduce the areas of the County that are allowed to have open burns. In most instances, open burning is not permitted if the resident has brush pick-up by the County. The new regulations, while similar to the current County Open Burn Ordinance require our local ordinance to be amended to meet the Department of Environmental Quality (DEQ) State Air Pollution Control Board requirements. In an effort to inform the public of the regulatory change, Fire/Rescue staff have mailed letters to all individuals who had received a burn permit in the last five (5) years. The letter explains the changes and offers assistance to residents who may have questions. Page 1 of 2 FISCAL IMPACT: The fiscal impact is projected to be minimal initially, however a monitoring and review process will be implemented to determine if citizens who no longer have the ability to open burn utilize brush pick-up offered by General Services. ALTERNATIVES: The new regulations are a mandated requirement through the Commonwealth and no alternative is being proposed. STAFF RECOMMENDATION: Staff recommends an amendment to the current County Ordinance to comply with the new regulations. 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, SEPTEMBER 8, 2015 ORDINANCE AMENDING ARTICLE II. — REGULATION OF OPEN BURNING OF CHAPTER 9 — FIRE PREVENTION AND PROTECTION OF THE ROANOKE COUNTY CODE WHEREAS, the Commonwealth of Virginia, State Air Pollution Control Board has adopted new regulations for open burning and said regulations are found at 9VAC5 Chapter 130; and WHEREAS, these regulations include a proposed model ordinance for local governments in this Commonwealth to adopt in order to assist local governments in a VOC (Volatile Organic Compound) control area with the development of their ordinances acceptable to the State Air Pollution Control Board; and WHEREAS, if the governing body of any locality wishes to adopt an ordinance governing open burning that ordinance must first be approved by the State Air Pollution Control Board unless that ordinance is identical to the language of the model ordinance; and WHEREAS, Roanoke County adopted its ordinance regulating open burning by Ordinance #092496-6 on September 24, 1996; and WHEREAS, Roanoke County's 1996 ordinance is hereby amended to incorporate the provisions of the model ordinance recommended by the State Air Pollution Control Board; and WHEREAS, the first reading of this ordinance is scheduled for August 25, 2015, and the second reading is scheduled for September 8, 2015; and Page 1 of 10 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. — Regulation of Open Burning of Chapter 9 — Fire Prevention and Protection be amended to read and provide as follows: ARTICLE II. - REGULATION OF OPEN BURNING Sec. 9-5. - Title. This article shall be known as the Roanoke County ordinance for the regulation of open burning. Sec. 9-6. - Purpose. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within the county to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the state air pollution control board and other applicable regulations and laws. Sec. 9-7. - Definitions. For the purpose of this article and subsequent amendments or any orders issued by the county, the words or phrases shall have the meaning given them in this section. Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. "Built-up area" means any area with a substantial portion covered by industrial, commercial or residential buildings. QlGan hi irniniv wastFTGaRG waste eihinh GIGGG RP PFA_ d1 ino rdonoo omeke whep hi irAP-d onrl is nn+ PrnhihitP_d +n ho hi irAP-d 11niJor this oAdinlo "Clean burning waste" means waste that is not prohibited to be burned under this ordinance and that consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste. "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln -dried wood products. Clean lumber does not include Page 2 of 10 wood products that have been painted, pigment -stained, or pressure -treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote. "Clean wood" means uncontaminated natural or untreated wood. Clean wood includes, but is not limited to, by-products of harvesting activities conducted for forest management or commercial logging, or mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; or painted, stained or coated. v(`GRStFUFnti9n waste etid-tlVA—S}o -avihirnhrrio �F9GI'uccc%gcRrGFated rig 0 0 0 p.�o�s .pro a r�� m.�+or� r,f no+ri in n EF pm_e{_n�n fE)r S i� a� -arm rcrr �r-�Trrrruc rr-vr-c'rrrP�i�rr rreFs�c� liquids, and garbage are Ret wastes and the dispesal ef 661 "Construction waste" means solid waste that is produced or generated during construction remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi -liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. Debris waste means stumps, wood, brush, and leaves from land clearing operations. Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spills. Demolition waste means that solid waste which is produced by the destruction of structures and their foundations, or both, and includes the same materials as construction waste. Garbage means readily putrescible discarded materials composed of animal, vegetable or other organic matter. F9ttiRg aRiMal and vegetable matteF mi late J h., a hni Icohnld- in tho nni irco of. A-FdiRaFy day tn_day living-. Hazardous waste means a "hazardous waste" as described in 9VAC20-60 (Hazardous Waste Manaaement Reaulations). T Se r -r ^ atm efT wh�� Page 3 of 10 Heuseh�ofi i�TeaRS waste m..teri�d trash normally aGGI imi ilotted by a heuGeheld in the nn, arse of erdinory day tn_day liViRg "Household waste" means any waste material, including garbage, trash and refuse derived from households. For purposes of this regulation, households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) which is regulated by state agencies. "Industrial waste" means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. plaRtc slaughter he ices and steel mills-rrrc�� r n -re�cu , , Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. Landfill means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See Solid Waste Management Regulations 6'�99VAC20-81) for further definitions of these terms. Local landfill means any landfill located within the jurisdiction of a local government. burnina" means the combustion of solid waste without: 1. Control of combustion air to maintain adequate temperature for efficient combustion; 2. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixina for comalete combustion: and 3. Control of the combustion products' emission. Open pit incinerator means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the Page 4 of 10 atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. "Refuse" means all solid waste products having the characteristics of solids rather than liquids and which are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean up of spills or contamination or other discarded materials. Refuse m ri ibbish gaFb ge er fermG of Gelid- er lidvi did- �e aE;te i-ccr��c-nT�S�rmrsn�arr.�ug� ��--rvrm��v c� omereoneY eperatieps Salvage operation means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. Sanitary landfill means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See Solid Waste Management Regulations C872 2 for further definitions of these terms. Smoke means small gas -borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. Special incineration device means a pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance. "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include: 1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. 2. Construction, renovation, or demolition wastes. 3. Clean lumber. "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include (i) construction. renovation. and demolition wastes or (ii) clean wood Page 5 of 10 Sec. 9-8. - Prohibitions on open burning. (a) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this article. (b) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. (c) No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. (d) No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. (e) Open burning or the use of special incineration devices permitted under the provisions of this article does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this article. In this regard special attention should be directed to section 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the state air pollution control board's regulations for the control and abatement of air pollution. (f) Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in 9VAC5-70 (Air Pollution Episode Prevention) Dart V41ef the reg it dens fer we nnntrnl aAd ahatomon+ .,f ,;r PGII61tiGR or when deemed advisable by the state air pollution control board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. Sec. 9-9. - Exemptions The following activities are exempted to the extent covered by the state air pollution control board's regulations for the control and abatement of air pollution: (1) Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; (2) Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Page 6 of 10 (3) Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; (4) Open burning for forest management and agriculture practices and highway construcalcri ana ma r-Iteriance prograrn approved by the State Air Pollution Control Board; and (5) Open burning for the destruction of classified military documents. Sec. 9-10. - Permissible open burning. (a) Open burning is permitted for the disposal of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the conditions are met: (1) The burning takes place on the premises of the private property; and (2) The location of the burning is not less than three hundred (300) feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 3. No regularly scheduled collection service for such trimmings is available at the adjacent street or public road). �ioilohlo Ot the adjaGont 6#88t nr ni ihlin rnorJ (b) Open burning is permitted on-site for the dispe destruction of household refuse by homeowners or tenants, provided that the following conditions are met: (1) The burning takes place on the premises of the dwelling; (2) Animal carcasses or animal wastes are not burned; (3) Garbage is not burned; (4) The location of the burning is not less than three hundred (300) feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and 5. No regularly scheduled collection service for such refuse is available at the adjacent street or public road). _(5) Ne Feg laFl� i it P blip nr r�riVate nnllon�n oor�iino fnr of inh r oo io "`J "� `^ � 7 "" � � [c-cvrtcc i"racr'o-rcc-rvr�acrrr at the adjaGGRt 6#88t GF P61bliG read-. (c) Open burning is permitted for the disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the Roanoke County fire marshal, provided the following conditions are met: Page 7 of 10 (1) All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Roanoke County fire marshal; (2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; (3) The burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; (4) The burning shall be conducted at the greatest distance practicable from highways and air fields; (5) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced; (6) The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and (7) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. (d) Open burning is permitted for the disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided the following conditions are met: (1) The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; (2) The burning shall be attended at all times; (3) The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris waste, or clean burning demolition waste; (4) All reasonable effort shall be made to minimize the amount of material that is burned; (5) No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the state air pollution control board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and the Roanoke County fire marshal; no other site shall be used without the approval of these officials. The Roanoke County fire marshal shall be notified of the days during which the burning will occur. (E. Sections 9-10.h. through D. notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device from May 1 through September 30. Sec. 9-11. - Permits. Page 8 of 10 (a) When open burning of debris waste (section 9-10(c)) or open burning of debris on the site of a local landfill (section 9-10(d)) is to occur within the county, the person responsible for the burning shall obtain a permit from the county fire marshal prior to the burning. Such a permit may be granted only after confirmation by the county fire marshal that the burning can and will comply with the provisions of this article and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare and to ensure compliance with any applicable provisions of the state air pollution control board's regulations for the control and abatement of air pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the county fire marshal. (b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from the county fire marshal, such permits to be granted only after confirmation by the county fire marshal that the burning can and will comply with the applicable provisions in regulations for the control and abatement of air pollution and that any conditions are met which are deemed necessary by the county fire marshal to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall, at a minimum, contain the following conditions: (1) All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. (2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. (3) The burning shall be at least three hundred (300) feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the county fire marshal determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased. (4) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. (5) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. (6) The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. (7) Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by the county fire marshal. Page 9 of 10 Sec. 9-12. - Penalties for violation. (a) Any violation of this article is punishable as a Class I misdemeanor. (b) Each separate incident may be considered a new violation. Sec. 9-13-9-15. - Reserved. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 10 of 10 ACTION NO. ITEM NO. H.1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 8, 2015 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District): The following one-year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. The following one-year term expired on August 31, 2014: a) Jason B. Moretz, representing the Windsor Hills Magisterial District; Mr. Moretz is eligible for reappointment The following one-year appointments expired on August 31, 2015: a) Paul St. Clair, representing the Vinton Magisterial District; Mr. St. Clair is eligible for reappointment b) Christina Flippen, representing the Catawba Magisterial District; Ms. Flippen is eligible for reappointment 2. Clean Valley Counsel (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 3. Economic Development Authority (EDA) (appointed by District) The following four-year terms will expire on September 26, 2015: a) Kirtesh Patel, representing the Catawba Magisterial District, is eligible for reappointment b) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three-year terms expired on June 30, 2015: c) Atul Patel, representing the Windsor Hills Magisterial District has resigned his appointment effective August 27, 2014. d) Max Beyer, representing the Hollins Magisterial District; Mr. Beyer is eligible for reappointment. 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, SEPTEMBER 8, 2015 RESOLUTION 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 September 8, 2015, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 as follows: 1. Approval of minutes —August 11, 2015 Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited balance at June 30, 2015 $ 21,799,195 Appropriated from 2015-2016 budget 506,153 :dI % of General Fund Revenue 11.00% * Balance at September 8, 2015 $ 22,305,348 11.01 % ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues $198,174,499 11 % of General Fund Revenues $21,799,195 ** 2015-16 - Goal of 11 % of General Fund Revenues 2015-16 General Fund Revenues $202,656,326 11% of General Fund Revenues $22,292,196 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator ►d� COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Unaudited balance at June 30, 2015 $ 1,612,726 Appropriated for 2015-16 Capital budget (907,344) July 28, 2015 Appropriation to purchase voting machines and equipment (384,000) Balance at September 8, 2015 $ 321,382 Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2015 $ 2,601,112 Appropriated for 2015-16 Capital budget (1,583,412) Balance at September 8, 2015 $ 1,017,700 Technology Capital Reserve (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Unaudited balance at June 30, 2015 $ 314,058 Allocation to Computer Replacement Account (100,000) Balance at September 8, 2015 $ 214,058 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator Submitted By Approved By RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2015-2016 Original Budget Balance at September 8, 2015 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator K-3 Amount $ 50,000 $ 50,000 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding June 30, 2015 Additions Deletions General Obligation Bonds $ 5,332,236 $ VPSA School Bonds 104,311,123 State Literary Loans 1,825,775 Lease Revenue Bonds 76,949,408 Capital Lease obligation 741,516 $ 189,160, 058 $ Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator r� Outstanding September 8, 2015 - $ - $ 5,332,236 7,761,248 96, 549, 875 - - 1,825,775 - 60,149 76,889,259 - 741,516 - $ 7,821,397 - $ 181,338,661 K-5 � IIltX[��t II{ YVvilttII�2E p� FtOANp� F Z 0 1838 DECLARING THE MONTH OF SEPTEMBER 2015 AS THE TWELTH (12TH) ANNUAL NATIONAL PREPAREDNESS MONTH IN THE COUNTY OF ROANOKE WHEREAS, "National Preparedness Month" creates an important opportunity for every resident of Roanoke County to prepare their homes, businesses and communities for any type of emergency including natural disasters and potential terrorist attacks; and WHEREAS, investing in the preparedness of ourselves, our families, businesses and communities can reduce fatalities and economic devastation in our communities and in our nation; and WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Citizen Corps and other federal, state, local, tribal, territorial, private and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and WHEREAS, emergency preparedness is the responsibility of every citizen of Roanoke County and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families and communities are prepared for disasters and emergencies of any type; and WHEREAS, all citizens of Roanoke County are encouraged to participate in citizen preparedness activities and asked to review the Ready campaign's websites at Ready.gov and become more prepared. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia do hereby proclaim September 2015 as National Preparedness Month, and encourages all citizens and businesses to develop their own emergency preparedness plan and work together toward creating a more prepared society. Presented this 8TH day of September 2015 CSM P. Ja on Peters, Chairman ?of-sephP. McNamara, Vice -Chairman A Be sign Jos.ph B. "Butch" Church Charlotte A. Moore ACTION NO. ITEM NO. M-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 8, 2015 AGENDA ITEM: Work session on a proposed amendment to the Roanoke County Comprehensive Plan to identify Designated Growth Areas and add State Code reference SUBMITTED BY: David Holladay Planning Administrator APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the September 8, 2015 work session, staff will discuss a proposed amendment to the Roanoke County Comprehensive Plan. The proposed amendment would document existing maps, text and future land use designations within the Comprehensive Plan, and add a State Code reference within the Comprehensive Plan in order to satisfy new criteria for transportation project funding. House Bill 2 (HB2), signed into law in 2014, provides for new methods and procedures for scoring and funding transportation projects in the Commonwealth of Virginia. According to the Department of Rail and Public Transportation H132 website, through the new process, "Candidate projects will be screened to determine if they qualify to be scored. Projects will be scored based on an objective and fair analysis applied statewide. The law will improve transparency and accountability. The public will know how projects scored and the decisions behind the CTB's project selections." In order for projects to be eligible to be considered within H132, initial screening will require the project to serve Corridors of Statewide Significance, Regional Networks or Urban Development Areas. Corridors of Statewide significance are key multimodal travel corridors, such as 1-81,1581, Route 11, Route 220, and Route 460. Regional networks are Page 1 of 3 multimodal networks that facilitate intraregional travel within urbanized areas. Most areas within Roanoke County fall within this regional network definition. The third screening criteria, Urban Development Areas (UDA) is the subject of this proposed amendment. Urban development areas are locations where jurisdictions intend to concentrate future population growth and development consistent with the UDA section within the Code of Virginia (Section 15.2-2223.1). This includes UDAs that have been officially adopted by local governments, as well as "including any locally designated growth areas that have a comprehensive plan reference to the UDA section as qualified for H132 screening, even if they are not named UDAs". This code reference must be included in the Comprehensive Plan prior to October 1, 2015, in order to qualify for the first round of H132 project screening. The proposed amendment under review would accomplish the following steps for purposes of H132 screening: document existing designated growth areas within the currently adopted comprehensive plan, map those areas and insert the proper State code reference within the document. The attached maps shows six (6) designated growth areas, categorized based on general geographic regions; or in the case of Village Centers, a group of rural commercial nodes. The maps reflect the areas of Roanoke County that are currently designated one of the following Future Land Use categories of the Comprehensive Plan: • Village Center • Neighborhood Conservation • Development • Transition • Core • Principal Industrial • Economic Opportunity • Suburban Village • University • Glenvar Village • Mixed Use Proposed Amendment The proposed amendment would be added to the Roanoke County Comprehensive Plan in Chapter 3: Land Use Issues, Section 7, Growth Management & Capital Facilities Planning. On page III -43, under the heading LAND USE RECOMMENDATIONS FOR GROWTH AREAS, the first paragraph would be amended to include recently added future land use designations: Economic Opportunity, Suburban Village, University, Glenvar Village, and Mixed Use. A new third (3rd) paragraph would be added to this section, referencing these Designated Growth Areas, per Section 15.2-2223.1 of the Code of Virginia. The above referenced map would be included following Section 7. Page 2 of 3 Attached to this memo is the proposed amendment, with new language highlighted in red, and deleted language struck through. Page 3 of 3 �j m Kel Kej 9LOZaa6nV»psaupo«_o ®^^©«edW® g.a ewe e _m SeO]v q$mo]E) pajeu5|SO(i posodO]d . \Z Chapter 3: Land Use Issues CHAPTER 3 LAND USE ISSUES 1. CITIZEN PARTICIPATION Introduction Roanoke County encourages citizen participation in all elements of the government. The challenge is to keep the level of citizen interest high and to make their active participation in the workings of their government as convenient and easy as possible. The participation of an informed citizenry is a critical element in the success of this community plan and of other County initiatives. This plan reflects the hopes and desires of County citizens for the future and is dependent on their continued support, diligence and commitment. Goal To achieve the highest possible level of citizen participation in all elements of Roanoke County government by keeping our citizens informed and educated on public policy issues and by maintaining an open, democratic, and easily accessible governmental system. Issues and Opportunities The Roanoke Valley government and public education television channel (RVTV) provides information on local government issues for Roanoke County, the City of Roanoke and the Town of Vinton in addition to broadcasting City Council and County Board of Supervisors meetings. It also provides a bulletin board of announcements concerning job opportunities, upcoming events, tax information, etc. RVTV is not available to the entire county population due to cable access constraints. For the most part, there are not major neighborhood concerns or county -wide problems that citizens feel a need to unite, organize or rally around. When seeking input on planning initiatives, such as revisions to the zoning ordinance, it is sometimes difficult to get a broad spectrum of comments from a variety of people, groups and organizations. For example, it seems that neighborhood -based and environmental -based groups are not as well organized or financed as other special-interest groups, that because of financial interests, are highly motivated to participate in such efforts. Chapter 3: Land Use Issues • As shown every year in the citizen survey that the County conducts, the vast majority of County citizens are satisfied with the level of government services they are receiving. • Civic leagues exist in all areas of the County and are effective in getting zoning violations remedied and organizing neighborhood crime watch efforts. • Because of the general level of satisfaction with government services, the majority of County citizens tend to be reactive rather than proactive on public policy issues. • The County has a Deputy Assistant to the County Administrator whose major job responsibility is to assist citizens in resolving problems they may be having with a County policy, requirement or regulation. • The County holds all public hearings and community meetings in the evenings to allow the general public to participate in them. • The County Administrator holds quarterly meetings with the civic league presidents. • Community meetings are often held to obtain citizen input on rezoning petitions prior to the Planning Commission public hearing. • The County has a web page that provides information on the county government and services and linkages to other regional, state and federal government sites. • The Community Plan citizen participation process developed neighborhood councils consisting of citizens from each of the community planning areas. Objectives A. Ensure that all citizens have full and appropriate access to information concerning their government. B. Encourage all citizens, of all ages, to participate to the fullest extent possible in public meetings and hearings. C. Provide assistance to any neighborhood or community area that wants to establish a civic league. D. Promote the use of the most effective and efficient methods to communicate issues and policies to the citizens and to receive their input and suggestions. E. Treat all citizens with the utmost respect and courtesy. Listen and respond promptly to their comments and suggestions. III -2 Chapter 3: Land Use Issues Implementation Strategies Enhance and expand the role of the neighborhood councils. Utilize these councils to gather neighborhood input on a variety of topics such as rezoning petitions, neighborhood plans and other local issues. (Obj. B, D, E) 2. Develop and fund a County Page quarter -page notice in the Roanoke Times. This could run once a month and would provide information on public policy issues, upcoming public hearings and community meetings, road projects, etc. (Obj. A, D) 3. Expand the coverage of RVTV. (Obj. A, B, D) 4. Develop a quarterly newsletter that covers Department of Community Development issues such as planning, zoning, progress toward goals of the community plan, stormwater, drainage, roads, etc. This should be posted on the Roanoke County Home Page and distributed to organizations, civic leagues, PTA's, neighborhood councils and a general public mailing list. (Obj. A, B, D) 5. Develop a network of contact people with all neighborhood and special interest groups so that they can be notified and involved in public policy issues. (Obj. A, B, C, D, E) 6. Encourage, as part of the application process, all rezoning petitioners to hold community meetings, unless exempted by the Zoning Administrator. (Obj. A, D) 7. Once a year, hold a meeting of the Board of Supervisors and Planning Commission in each magisterial district of the county - Hollins, Catawba, Windsor Hills, Cave Spring and Vinton. (Obj. A, B, D, E) 8. Roanoke County should provide its citizens the opportunity to interface with each other and the capability to access all community services through the latest communications technologies. (Obj. A, D) III -3 Chapter 3: Land Use Issues 2. DESIGN GUIDELINES Introduction Establishing design guidelines to promote quality development and enhance the unique character of communities within the County is an important component of Roanoke County's Community Plan. These guidelines are intended to facilitate development creativity and provide incentives for development design principles that will result in the enhancement of the visual appearance of the built environment in the County. They relate to such items as: site development, relationship of proposed land uses to adjoining land uses and buildings to adjoining buildings, relationship of buildings to their site, site layout, parking lots, landscaping, building design, lighting, and signs. The results of the Neighborhood Council process re -enforce the idea of guiding development design with the following themes voiced by all the communities within the County: • New development should incorporate a high standard of design including the following design elements: appropriate architecture, landscaping, and signage. • Encourage neighborhood involvement in the design process associated with any development proposal through citizen meetings with developers. • New developments should be designed and planned as cohesive communities. • Incompatible land uses should be buffered from adjoining land uses. • New developments should be required to design around existing, healthy stands of trees and/or individual specimen trees where possible, to preserve trees that are outside of the building envelope and to replace trees when existing trees must be removed. Goal All new and redeveloped sites are designed to be in harmony with their surroundings, improve the general appearance of the site and strengthen community identity. Issues and Opportunities Design guidelines may provide a level of comfort with a proposed development that otherwise would not exist. Design guidelines may help assure that development reflects the unique characteristics of the community. The citizens of Roanoke County appear to be very supportive of design guidelines. III -4 Chapter 3: Land Use Issues Objectives A. Develop and incorporate design guidelines for all future development in the County, excluding individual home sites and farm buildings. B. Involve citizens, businesses and community leaders in the creation of community specific design guidelines. Implementation Strategies Continue to support and expand as necessary the Hollins Village/Williamson Road redevelopment initiative using public funds as a catalyst to stimulate private investment. 2. Identify and ensure that the gateways into the County are attractive and enhance the community's identity. 3. Encourage through community meetings, public participation in the development of design guidelines for land in Roanoke County. 4. Provide education and outreach to the public emphasizing the importance of developing design guidelines for the County. 5. Be firm about goals, but flexible about how to attain them. Land Use Designations The Plan designates the following land use areas. Each designation has a set of design guidelines that pertain to development issues within that area. Conservation - These areas are characterized by significant environmental and cultural features such as mountains, ridgetops, wildlife habitat, forests, rivers and lakes. Rural Preserve and Rural Village - These areas are characterized by rural landscapes where protection of the rural character is desired. Village Center - These rural village centers, where established crossroad communities are present, serve as focal points for the surrounding rural areas. Neighborhood Conservation - These are established residential neighborhoods where conservation and continuation of the existing housing pattern are desired. III -5 Chapter 3: Land Use Issues Development - These areas are characterized by new residential growth and a variety of housing types and densities. Transition - These areas are corridors where current commercial strip development patterns exist or future development pressure is possible. Core - These are commercial, retail areas where suburban centers of high intensity urban development are present or expected. Principal Industrial - These are areas where high technology industries and research and development firms are present or may develop. Scenic Corridors - These are areas encompassing a current or possible future designated scenic corridors. Design Guidelines Conservation Certain areas within the County are designated as Conservation because of significant environmental and cultural features such as mountains, wildlife habitat, clean water resources or scenic beauty. The Conservation land use areas include part of the George Washington/Jefferson National Forest, the Appalachian Trail corridor, Havens State Wildlife Management Area, Carvin's Cove Reservoir, Spring Hollow Reservoir, Blue Ridge Parkway viewsheds, the higher elevations of Read Mountain and a County owned portion of Sugar Loaf Mountain. When the specific data is available, the viewsheds from the Appalachian Trail should be included in this designation. The primary goal of the following objectives and guidelines is to protect and preserve the inherent environmental and natural resources within the County. Objectives A. To recognize existing areas within the County that fit under the Conservation land use areas and establish guidelines to protect and preserve them. B. Identify, evaluate and work to assure the preservation of wildlife habitats and corridors, natural landmarks, historic and archaeological sites, significant agricultural lands and examples of natural heritage. Maintain a registry of qualified areas and link decisions concerning land and easement purchases and new developments with the conservation framework established. C. Encourage the establishment of additional Conservation land use areas through conservation easements, greenways and parks that in the end result, create a network of interconnected Conservation areas. III -6 Chapter 3: Land Use Issues D. Provide assistance and incentives for land owners to maintain natural areas. Work with landowners and other entities to promote sound conservation practices and where appropriate, establish cooperative management plans. Encourage private owners to investigate and utilize the preservation programs offered by other governmental entities and private foundations. Guidelines Use Conservation land use areas to preserve: critical ecosystems; scenic vistas; fish and wildlife habitats; natural resources and landmarks; outdoor recreation areas; cultural, historic and archaeological areas; connections and trails; access to public waters and other useable open space lands; scenic waterways or highway corridors; important forest lands, range lands, or agricultural lands; aquifer recharge areas and surface water. 2. Resource extraction should be carried out in a manner that preserves open space along stream corridors, minimizes the impacts on the land and is compatible with adjacent land uses. Reclamation plans should be reviewed and processes monitored to ensure the area's continued significance. 3. Isolated wetlands, stream corridors, lakes, drainage areas and their associated riparian areas should be preserved, protected and used for a variety of open space purposes such as landscape features, irrigation, water quality protection, buffers, wildlife habitat and flood control. 4. Development of any kind should be planned, designed and constructed to avoid or minimize the degradation of natural and cultural resources. 5. Minimize habitat fragmentation from the combined effects of development, roads, trails and an overall increased human presence. 6. Place adequate buffers around sensitive sites. 7. Restrict development of structures, such as residential, commercial or industrial facilities, on slopes greater than 20%. Allow passive recreational uses, such as picnic shelters, greenways and trails in these areas. 8. Restrict development within 100 feet of a water course, excluding passive recreational uses, water related recreational uses or incidental utility uses. 9. Significant scenic views should be preserved and a detailed inventory developed. III -7 Chapter 3: Land Use Issues Rural Preserve and Rural Village In those areas of Roanoke County designated as rural and/or agricultural where local officials and residents are looking for preservation options, certain design strategies can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Objectives A. While allowing future development, employ design strategies that leave land available for productive agricultural activities and open space. B. Preserve rural views and vistas. Guidelines Encourage cluster developments that set aside 50 to 70 percent of the parcel as open space, and preserve or incorporate existing site features into the overall design. 2. Require that rural subdivisions be buffered and set back from roadway view. 3. Decrease the number of new driveways fronting on public roads. 4. Decrease the obstruction of views by new developments by strategically locating buildings on the site. Locate buildings either in a wooded fringe at the edge of field or set back and buffer them from fields and public roads through the use of landscaping. 5. Buildings located on prominent mountain sides should use exterior colors and textures to aid in them blending into the landscape. 6. Discourage the siting of buildings on ridge lines. Village Center There are numerous Village Centers throughout the rural and suburban areas of Roanoke County. These centers are established crossroad communities which have traditionally served as focal points for the surrounding area. They play a functional role in providing homes, limited neighborhood- oriented commercial services and businesses, and civic buildings such as churches, post offices, fire stations and schools. Many of the Village Centers in Roanoke County contain historic structures and/or sites, which should be preserved through local historic district zoning. These Village Centers each have a unique character and sense of place with which local residents easily identify. III -8 Chapter 3: Land Use Issues Objectives A. Collaborate with community members to develop design guidelines for Village Centers to protect and enhance the existing village character and historic qualities. B. Establish provisions which allow for limited mixed-use development in existing Village Centers, and permit the future development of additional Village Centers in appropriate locations throughout the County. Guidelines Design and build new construction to blend in with the existing buildings in the village. New construction should be compatible with the existing village in respect to height, size, character, massing, roof shapes, material, and door/window proportions. 2. Locate and cluster institutional services at Village Centers to enhance community identity. 3. When existing buildings create a characteristically close relationship with the street, retain this pattern in order to preserve the community's character. 4. Reduce the visual impacts of parking areas upon community character through placement, landscaping and buffering requirements. 5. Screen open storage areas, exposed machinery, and outdoor areas used for storage from roads and surrounding land uses. 6. Preserve roadside trees due to their important role in defining the character of a community and encourage the planting of new roadside trees. 7. Design exterior lighting and signs as integral architectural elements of the building and site. 8. Control lighting in both height and intensity to maintain village character. Shield luminaries to prevent excessive lighting and glare beyond lot lines. 9. Encourage compatibility or shared use of signs for adjacent businesses. Maintain good scale and proportion in sign design and in visual relationships to buildings, surroundings and views. 10. Encourage the re -use of historic structures. 11. Create historic district overlay zoning for appropriate village centers. III -9 Chapter 3: Land Use Issues Neighborhood Conservation Single-family neighborhoods are traditionally the most protected land uses. The strategic placement of non-residential land uses, such as parks, schools, libraries and churches (determined by neighborhood preference and need) can play a vital role in preserving and enhancing neighborhood character. Also, creative site planning practices can enhance the opportunity for attached housing to achieve compatibility with adjacent detached housing. Objective A. Preserve and enhance the existing character of established neighborhoods through boundary protection and the addition of desired amenities. Guidelines Screen and buffer adjacent non -compatible land uses. 2. Incorporate greenways within neighborhoods as well as from neighborhoods to adjacent institutional services, other neighborhoods and commercial centers. 3. Encourage infill of vacant lots with similar density housing. 4. Any additions or changes to existing neighborhoods should be compatible with established (underlying) site patterns. 5. Allow well-designed low impact service oriented businesses to locate near neighborhoods. Development These areas of new residential growth have the most opportunity for innovative land development practices. Cluster developments with a mix of housing types and densities, limited retail support, and efficient layout of streets can prevent sprawl and create self-contained neighborhoods with combined living and working areas. These areas also respond to the current needs and demands of smaller families and energy/resource conservation. The protection and inclusion of environmental processes and natural site amenities, such as drainage systems and vegetation, should be priorities for all new developments. Objectives A. Encourage the development of planned residential communities and cluster developments that protect and incorporate environmental features and resources within the developed area. III -10 Chapter 3: Land Use Issues B. Within the development areas, plan for an interconnected framework of greenways, parks and activity/retail centers. Guidelines Take an inventory of all environmental features and resources present on site in order to create a site development plan that is able to preserve and benefit from the existing natural features. 2. Use those existing site features to create a common framework within a mix of housing types and densities. 3. Retail support should be located in central locations, easily accessible by car, bike or foot. 4. Lay out streets in an efficient manner, but avoid creating main thoroughfares that can attract heavy amounts of traffic. 5. Neighborhoods should be easily identifiable; create gateways at major entrance points. 6. Create common recreational open space for all neighborhood residents. 7. Protect, and enhance when possible, scenic views to and from the site. Transition Certain roadways within the County have become or have the potential of becoming primary corridors where current strip development pressures exist. Within these corridors access and aesthetics should be controlled in order to avoid unappealing forms of commercial strip development and the resultant traffic congestion. Objective A. Establish development and design guidelines for future development along designated key road corridors and gateways into the County. Guidelines Support and expand the public-private partnerships in the redevelopment of older commercial corridors in the County. 2. Establish provisions which discourage strip development along corridors and promote planned development nodes located at major road junctions. Chapter 3: Land Use Issues 3. Redevelopment of existing strip developments should stress the importance of reducing the number of entrances, coordinating signage and parking and increasing vegetative buffers. 4. Encourage the interconnection of parking lots and the reduction of driveways along primary, arterial and collector roads. 5. Coordinate vehicular and pedestrian movement among adjacent sites. 6. Preserve, enhance, and/or incorporate into the design natural site resources such as topography, vegetation, views to and from the site and drainage ways. 7. Plan the site to provide a desirable transition with the streetscape. Provide space for adequate planting, safe pedestrian movement, and screened parking areas. Provide an inviting atmosphere for the pedestrian through grades of walks, parking spaces, terraces, and other paved areas. 8. Buffer along rear property lines where development backs up to less intensive residential uses. 9. Design exterior lighting and signs as integral architectural elements of the building and site. Encourage compatibility or shared use of signs for adjacent businesses. Maintain good scale and proportion in sign design and in visual relationships to buildings, surroundings and views. 10. Ensure unity of landscape design by repetition of appropriate plants that are indigenous to the area through coordination with adjacent properties. 11. Buffer adjacent incompatible land uses by landscaping, earth berms, walls and fences or combinations of these elements. Use landscaping to enhance architectural features and viewsheds and provide shade. 12. Provide incentives to utility companies to place newly installed utility services and service revisions necessitated by exterior alterations underground where possible. Core Core areas by nature have the potential of becoming congested and visually cluttered districts. Therefore, it is essential that in these areas property owners establish common planning goals in new developments and redeveloping areas to ensure safe, accessible, and visually pleasing Core areas. III -12 Chapter 3: Land Use Issues Objectives A. For each respective Core area, establish common characteristics that will ensure ease of travel and visual coherence. B. Encourage the redevelopment of congested Core areas. C. Encourage the development of high density residential that is integrated with commercial development. D. Create pedestrian -oriented Core areas to ease traffic congestion. E. Concentrate intensive commercial uses into one area rather than in long linear corridors. F. Develop strategies to accommodate large box retail uses. Guidelines Common links between adjacent sites and land uses should be made whenever possible to ensure connectiveness in these areas of high intensity urban uses. 2. Site -to -site movement for vehicles, pedestrians and bicycles should be easy and safe. 3. Encourage the interconnection of parking lots and the reduction of driveways along primary, arterial and collector roads. 4. Building size, shape, height, and materials should complement adjacent buildings. 5. Natural site amenities, especially slopes, trees and drainage, should be conserved to the maximum practical extent. 6. Create common areas as buffers along the edges of Core areas that adjoin less intensive land uses. 7. Designate and establish landmarks - public buildings, monuments, squares and mini - parks - to strengthen the identity of community Core areas. 8. Design exterior lighting and signs as integral architectural elements of the building, site and Core area. Encourage compatibility or shared use of signs for adjacent businesses. Maintain good scale and proportion in sign design and in visual relationships to buildings, surroundings and views. 9. Encourage the siting of communication antennae and dishes on existing or new structures rather than on stand-alone towers. III -13 Chapter 3: Land Use Issues 10. Research and develop design and site development strategies to accommodate large box retail uses and allow them to have a positive relationship to the surrounding community. Principal Industrial Through innovative planning practices, many industrial areas can become beneficial to adjacent areas, providing jobs for nearby residents and customers for commercial areas. Objectives A. Create industrial districts that use environmental design practices in their development and become assets to surrounding neighborhoods. B. Encourage cluster developments within industrial districts, combining industries, support retail and open space. Guidelines Inventory existing site natural features and resources as a first step in development. 2. Protect and utilize natural features and resources wherever deemed helpful in combating the negative aspects that industrial developments create, such as noise, air emissions, waste discharge, and increased runoff. 3. Where industrial development is adjacent to residential areas, apply exceptional design measures to achieve compatibility. 4. Provide direct access to sufficient capacity public streets. 5. Avoid slopes in excess of 15% for building sites. 6. Take advantage of slopes to break up large parking areas. 7. Plan for trees in parking lots to provide shade (at least one per 20 spaces). 8. Consider the use of pervious pavement for large parking areas. 9. Provide buffering for adjacent land uses in the form of a vegetative screen, open space or a communal greenway. 10. Allow opportunities for industrial site employees' to use alternative modes of travel, such as biking or walking. III -14 Chapter 3: Land Use Issues 11. Encourage the siting of communication antennae and dishes on existing or new structures rather than on stand-alone towers. Scenic Corridors Throughout the County there are important corridors where access, aesthetics and future development should be managed in order to preserve scenic rural views and vistas. Objectives A. Preserve identified critical scenic views along the Blue Ridge Parkway, Appalachian Trail, Roanoke River and other scenic corridors. Vistas and overlooks should be protected from the encroachment of development and signage. B. Preserve the scenic integrity of important road corridors and historic sites throughout the County. C. Designate scenic routes throughout the County where development and design standards can be applied to protect important natural views and vistas. D. Create overlay protection zones for these scenic corridors. Guidelines Produce viewshed maps, as seen when traveling the corridor, to delineate the boundaries of the corridor protection area. 2. Limit the number of access points to adjoining properties by combining driveways. 3. Create a minimum 25 foot natural landscape buffer along the corridor. 4. Limit construction to relatively flat areas (less than 15%) on properties adjoining the road. 5. Consolidate small lots into large parcels to encourage unified development and site planning. 6. Within the scenic corridor, limit structure height to a maximum of 25 feet. 7. Identify major public view points in which prospective developers must develop in accordance with adopted design standards. 8. Discourage the placement of broadcast towers along scenic roads or in scenic viewsheds. III -15 Chapter 3: Land Use Issues 3. NEIGHBORHOODS Introduction Our basic instincts and human nature seek a sense of community, a sense of place where we live, work and play. In Roanoke County, neighborhoods are the backbone of the community. Residents of the County identify very closely to their own neighborhoods and especially to their elementary school districts. This is exemplified by the high attendance at elementary school Parent Teacher Association meetings and youth sports events, festivals and social events that are held at the neighborhood level. The results of the 1995 visioning citizen survey showed that residents associate more closely with their own subdivisions and neighborhoods than with the County as a whole. This makes it very important to preserve community meeting places such as neighborhood schools, fire and rescue buildings, community centers and community stores. These meeting places serve the same function as neighborhood taverns in more urban locales. It also becomes more critical to preserve those natural, historical and cultural features of a neighborhood that lend uniqueness and that feeling of being home - a sense of place - to the area. Many neighborhoods in Roanoke County are reaching middle -age - they were built in the late 50's, 60's and early 70's. These communities provide an abundant source of good, affordable housing to citizens throughout this region. It is important to preserve the stability of these areas by finding creative ways to maintain property appearances and housing integrity, thereby maintaining property values in these communities. Some older Roanoke County neighborhoods will continue to feel pressure for redevelopment as large tracts of commercial property become harder and harder to find. It is important to encourage community redevelopment and infill development along appropriate road systems and in appropriate commercial service areas. If we as a community are successful in managing growth - encouraging and directing growth toward those areas of the County that can support it - preserving viewsheds and open space and retaining an agricultural base, we need to recognize that there will be more and more pressure for infill development and the redevelopment of existing sites in the more urban areas of the County. This will require some changes in densities and uses in what used to be stable neighborhoods and must be done with appropriate design guidelines, citizen input and the involvement of commercial interests. Goal Continue to recognize the importance of Roanoke County neighborhoods and work to preserve the institutions and natural, cultural and historical features that help to define these communities. III -16 Chapter 3: Land Use Issues Issues and Opportunities • Many Roanoke County neighborhoods have active civic leagues and community watch programs. In addition, as a part of the Community Plan process, neighborhood councils were formed in each of the twelve community planning areas around the County. • Roanoke County elementary school Parent Teacher Associations often have participation at the one -hundred percent level. • There is a long-term tradition and commitment to neighborhood schools in Roanoke County. • Many Roanoke County neighborhoods were built almost 40 years ago. These areas are, to some extent, beginning to show their age and require more and more maintenance and upkeep. • The older neighborhoods in the County provide a good source of affordable housing. • Some of the older Roanoke County neighborhoods, that are located in close proximity to commercial centers and primary road access, are subject to redevelopment pressures from commercial interests. • Most Roanoke County neighborhoods are very dependent on the automobile with very limited pedestrian trails and sidewalks. • County neighborhoods tend to be very stable. • There are only a few neighborhoods in the County that have a mix of residential densities or commercial uses. • The strong economic base of the County has meant that property values are steadily increasing. • Youth sports events - such as little league, soccer and softball - are great opportunities for neighborhood friends and acquaintances to meet and greet. • The Roanoke Valley provides a beautiful and relatively clean place to live. • There are a good variety of housing options and price ranges in the County. • Some types of housing and housing communities, such as cluster developments and mixed-use developments, are not widely available in the County. III -17 Chapter 3: Land Use Issues The County has a high quality of life that manifests itself in low crime, little traffic congestion, abundant natural resources and good schools. There are some areas of the County where substandard housing exists. There are not "housing maintenance or upkeep" provisions in the County zoning ordinance, County Code or Building Code. It is sometimes difficult to correct problems of this nature. Objectives A. Protect the uniqueness and special characteristics of each Roanoke County neighborhood. B. Protect the scenic beauty of Roanoke County while allowing for appropriate economic development. C. Require land development patterns that preserve open space. D. Ensure that all Roanoke County citizens have access to safe and affordable housing. E. Protect the property values of all citizens. F. Promote the use of a "liveable traffic" design model - one that values neighborhood appearance, saleability and pedestrian friendly aspects of transportation equally with ease of traffic movements. G. Provide all County residents easy access to community parks, ballfields and greenways. H. Encourage alternative modes of transportation around neighborhoods such as walking and bicycling. Implementation Strategies Continue to support the concept of neighborhood schools, recognizing the important function they play in community identity. (Obj. A) 2. Continue to foster the neighborhood councils by expanding their role and developing neighborhood specific plans. (Obj. A) 3. Research the efforts of other communities and implement programs to assist in the maintenance and upkeep of our older neighborhoods. (Obj. E) III -18 Chapter 3: Land Use Issues 4. Develop planning strategies to guide commercial development, community redevelopment and infill development while preserving neighborhood stability and property values. (Obj. A, E) 5. Revise the County zoning ordinance and subdivision ordinance to encourage, where appropriate, sidewalks and greenways throughout new residential developments and connecting neighborhoods and commercial and institutional areas. (Obj. F, G, H) 6. As we work to preserve the more rural areas of Roanoke County, revise the zoning ordinance to allow slightly higher infill development in existing neighborhoods. (Obj. A, B, C, E) 7. Continue to seek community input on all rezoning requests. (Obj. A, E) 8. Encourage community meetings for all rezoning requests. (Obj. A, E) 9. Make the necessary revisions to the zoning ordinance and subdivision ordinance to allow by right, cluster developments and mixed use developments, where appropriate. (Obj. A, B, C, E) 10. Identify substandard housing and seek solutions to alleviate these conditions. (Obj. D) 11. Research the need for housing maintenance regulations to mitigate problems with unkempt property. Develop, if necessary, appropriate regulations. (Obj. D, E) III -19 Chapter 3: Land Use Issues 4. QUALITY OF LIFE Introduction To the residents that call Roanoke County home, this is a community with a distinctive character and an abundance of natural beauty. There exists a very intrinsic relationship between the natural resources that exist here - the mountains and ridgetops, forests and streams and breathtaking scenic views - and people's perception of quality of life here in the County. In a citizen survey, conducted in early 1995, the majority of County residents said there is a high quality of life in Roanoke County and they are very interested in protecting that. For many people this quality of life manifests itself in the natural beauty and scenic resources of this area. Others appreciate the relatively low cost of living, the lack of formidable transportation and commuting problems and the high quality of public education. For whatever reasons, and there is a myriad of them ranging from low crime, good schools and scenic beauty to low cost of housing and cultural opportunities, the citizens of Roanoke County are very interested in protecting their quality of life. During the visioning process many citizens expressed concern that those things that make Roanoke County "special" could vanish all too quickly without the proper long-range planning. Without well managed growth and development, we could trade in a sense of place and authenticity for a feeling of sameness and homogenization. Steadily and perceptibly, we could lose the distinctive qualities that trigger people's desires to live here, work here and visit here. There are real and legitimate needs for jobs, tax revenues, a diversified local economy and housing opportunities. Yet there is also the recognition that we need to find more effective strategies that will enable our community to grow in ways that enhance and protect rather than degrade and threaten the quality of life that lends us distinction and character. Goal To achieve and maintain the highest possible quality of life for the citizens of Roanoke County. Issues and Opportunities The scenic beauty of Roanoke County is a major contributing factor to the high quality of life here. Other factors influencing the high quality of life include the low crime rate, relatively low cost of housing, ease of commuting and high quality public and private school systems. III -20 Chapter 3: Land Use Issues • The citizens of Roanoke County place high value on the importance of their quality of life and are very protective of it. • Many newer residents of the County have lived in other places where the quality of life may not have been as high or they experienced the degradation of that quality of life. • The economic base of the county needs to continue to grow to support an increased demand for and cost of services such as public education. • The existing rules and regulations for land development do not allow enough flexibility and creativity nor do they require site resource conservation. • Neighborhood street design standards require excessive cut, fill and tree removal. • Roanoke County has implemented a tree protection ordinance for public properties but does not have a tree protection ordinance for private lands. • The existing zoning ordinance and subdivision ordinance do not have the mechanisms to protect mountainsides and ridgelines from inappropriate development. • The School Board Blue Ribbon Committee has made extensive recommendations concerning physical facilities, which, if adequately funded, will help ensure the continuation of high-quality public schools in the County. • Roanoke County has maintained, to the extent possible, the concept of neighborhood schools. • The citizens of Roanoke County believe that the people here are basically friendly. • Roanoke County is considered a good place to retire due to factors such as cost of living. • Parks and greenways are seen as important quality of life issues. • Automobile travel, including commuting to and from work during peak hours of the work day, is relatively easy. • Parent/teacher associations enjoy a high level of participation at the elementary school level, sometimes approaching one -hundred percent. Objectives A. Preserve the scenic beauty of the County while balancing the need for economic growth. III -21 Chapter 3: Land Use Issues B. Promote the location of clean, high-technology research and development firms in the Roanoke Valley. C. Maintain the concept of neighborhood schools. D. Provide access to community parks and greenways to all citizens. E. Provide cultural and recreational opportunities to citizens of all ages. F. Promote the use of good traffic planning concepts. G. Preserve, where appropriate, existing trees and encourage the planting of tree species that are native to the Blue Ridge region. H. Encourage innovation and creativity in land development. Implementation Strategies Develop and adopt more stringent regulations and incentives to protect natural resources in the County - including mountainsides, ridgetops, streams, rivers, viewsheds, open space, wetlands, forests, soils and wildlife. (Obj. A, E, G, H) 2. Ensure that future growth and development is consistent with the adopted Community Plan and enhances the quality of life of Roanoke County citizens. (Obj. A, B, C, D, E, F, G, H) 3. Modify and enhance design guidelines, incorporating incentives where feasible, to be applied to all future residential, commercial and industrial developments. (Obj. A, H) 4. Continue funding and support of the greenway system and develop a dedicated source of funding to support the system. (Obj. D) 5. Fully implement the recommendations of the School Board Blue Ribbon Committee for school construction and maintenance needs. (Obj. C) 6. Revise the neighborhood street design standards to give liveability, pedestrian/bicycle and retail friendly aspects equal footing with ease of traffic movements. (Obj. F) 7. Adopt a tree protection ordinance that applies to private properties. (Obj. A, G) 8. Ensure that future commercial and industrial parks receiving financial or tax incentives from the County are built as park -like environments and include strict design guidelines, greenways and open space. (Obj. B, D, H) III -22 Chapter 3: Land Use Issues 9. Revise the subdivision ordinance to encourage the dedication of greenway easements at the time a subdivision is platted. (Obj. D) 10. Continue to support and participate in the regional land trust - a publicly -supported charitable organization providing a voluntary means to promote the preservation of natural and cultural resources - and other statewide and national land trusts. (Obj. A, E, H) 11. Continue to provide a variety of housing options in a broad range of prices. (Obj. H) 12. Through zoning ordinance revisions, allow for increased housing density, while requiring the dedication of open space. (Obj. A, D, E, H) 13. Encourage the development and re -development of lands served by public utilities while discouraging through zoning ordinance revisions the development of lands without these services. (Obj. A, H) 14. Continue to preserve the nature and stability of existing single-family neighborhoods but allow infill development, appropriately designed, at slightly higher densities. (Obj. H) 15. Continue to work cooperatively with, and provide financial support to, cultural and recreational organizations which provide invaluable opportunities to County residents. (Obj. E) 16. Expand the Roanoke County park system so that neighborhood parks are accessible to all citizens. (Obj. D, E) 17. Expand and enhance the County -wide road beautification efforts. (Obj. A, G) III -23 Chapter 3: Land Use Issues 5. REGIONALISM Introduction Roanoke County is one of several local government units that make up the Roanoke Valley. The high quality of life that Roanoke County citizens have come to expect and deserve can continue and grow only if we practice, in a proactive manner, broad-based collaboration and cooperation with neighboring jurisdictions. Roanoke County should take the lead in these endeavors. As we move into the next century, we need to begin to think of this geographic area as a cohesive unit rather than as many, often competing, parts. Many of the challenges of the twenty first century will know no geographic boundary line and will present all Valley citizens and local officials with opportunities to seek efficient and effective solutions. Critical issues such as economic development, natural resource preservation, transportation, cultural opportunities and housing require a regional perspective and regional solutions. We must find new and innovative ways to work together for the good of all. Goal To work in cooperation with all local jurisdictions to provide the highest quality services, in the most efficient and effective manner, to Roanoke County citizens. Issues and Opportunities • The formation of the New Century Council presents the opportunity to look outside our own county limits and develop a strong economic base that is competitive in the global marketplace. • A coordinated regional approach is needed to attract high-quality targeted industries. • The scenic beauty of this region is largely attributed to the mountains. Many of the significant mountain ridges and ranges extend beyond the boundaries of the County. • The Roanoke Valley has the unique opportunity to develop a world-class bikeway and greenway system that is inter urisdictional and interconnected. • The road infrastructure between the City of Roanoke and Roanoke County is very interconnected due to the "doughnut" configuration of the two localities. • The County has many intergovernmental projects with the Town of Vinton, the Cities of Roanoke and Salem, Botetourt County and other neighboring jurisdictions such as fire and rescue facilities, libraries, sewer treatment plant and the airport. III -24 Chapter 3: Land Use Issues Objectives A. Preserve the scenic beauty and natural resources of Roanoke County and the greater Roanoke Valley_ B. Attract high-technology research and development firms to the Roanoke Valley. C. Promote a cooperative working relationship with neighboring jurisdictions. D. Promote communication and coordination with neighboring jurisdictions on planning issues. E. Promote Roanoke County and the greater Roanoke Valley as a tourist destination. F. Continue to participate in joint projects with neighboring jurisdictions to provide services to County citizens - such as communication facilities, libraries, fire and rescue facilities and water and sewer lines - in the most efficient manner. Implementation Strategies Fully support and participate in the New Century Council. (Obj. A, B, C, D, E, F) 2. Continue to support and participate in the Roanoke Valley Greenway Commission. (Obj. A, C, D, E) 3. Implement regional cellular tower policies to protect the region's viewsheds and mountaintops. (Obj. A, D) 4. Continue to support and participate in the Roanoke Valley Economic Development Partnership and the Industrial Development Authority. (Obj. B) 5. Continue to support and participate in the Roanoke Valley Convention and Visitors Bureau. (Obj. E) 6. Continue to notify adjoining localities when rezoning petitions impact property at the mutual boundaries. (Obj. D) 7. Continue to meet jointly with the governing bodies of adjoining jurisdictions. (Obj. C, D, F) 8. Encourage the Planning Commission to meet jointly, on an annual rotating basis, with planning commissions from adjoining jurisdictions as is currently done with City of Roanoke and the Town of Vinton. (Obj. C, D, F) III -25 Chapter 3: Land Use Issues 9. Continue to work cooperatively with the Fifth Planning District Commission on regional planning projects. (Obj. C, D, F) 10. Continue to support and participate in regional, statewide and national land trusts. (Obj. A, C, D, E) 11. Seek opportunities to work with other jurisdictions to attract high-quality, clean, research and development firms to this region. Share in the costs of infrastructure and share the generated revenue. (Obj. B) 12. Expand the Roanoke County park system so that neighborhood parks are accessible to all citizens. (Obj. A, E) 13. Expand and enhance the County -wide road beautification efforts. (Obj. A) III -26 Chapter 3: Land Use Issues 6. ECONOMIC DEVELOPMENT PLAN Introduction Economic development is a dynamic public program in Roanoke County. This activity is defined as, "the process of creating wealth through the mobilization of human, financial, capital, physical, and natural resources to generate marketable goods and services." The economic development process is of critical importance to the continued high quality of life in Roanoke County and the ability of the County to provide a high level of public services to citizens. Roanoke County's economic development mission is: "To attract and retain to the County quality jobs and investment that diversify the economy, broaden the tax base, and provide long-term employment opportunities for area residents. " Roanoke County established an economic development program in 1985 and implemented an economic development strategy to establish the initial goals and objectives for implementation. Subsequently, the Board of Supervisors re -adopted an economic development strategy in 1987 and 1989, with business plans being adopted annually thereafter. The Economic Development 5 -Year Business Plan FY 2001-2006 adopted in July of 2000 was intended to complement the Economic Development Strategy and the 1985 Comprehensive Plan. The Business Plan focused on four economic opportunity areas into which economic activity would be promoted. The emphasis was to identify potential commercial and industrial sites that could be developed and marketed by the County as "product" for economic development opportunities, and then to attract new businesses to those sites. A series of public actions, including proposed capital improvements, rezonings and coordination with VDOT primary and secondary road planning were recommended to implement the Business Plan. The Plan sets forth details of implementation activities and impact measures for the primary program areas of marketing and business recruitment, product development business retention and expansion and community/workforce development. The economic development goals and objectives are generally described below. 1. To market the County's industrial/commercial property and attract compatible business and industry to the community, and to increase the commercial and industrial tax base and related employment opportunities. 2. To encourage the retention and growth of local enterprise by creating and maintaining a positive business climate countywide. 3. To create and maintain a marketable inventory of quality industrial/commercial real property sufficient to meet market demand. III -27 Chapter 3: Land Use Issues 4. To promote and encourage regional participation in economic development activities, programs and services. Issues and Opportunities Competition among land uses for developable land: There is a limited amount of developable land in Roanoke County. Residential uses and tax-exempt activities are the major land uses competing with economic development for developable land. Potential commercial and industrial sites need to be identified, rezoned and reserved for future development. Identify economic opportunity areas: The 1992 Economic Development Strategy delineated the I-81 corridor, North County/Hollins Road, the Route 460 East Corridor, West County, Explore Park and the Southwest County/419 Corridor as economic opportunity areas. Since 1992, significant economic development activities have occurred in these areas. The following activities have occurred in the implementation of the Economic Development Strategy, and Business Plan: I-81 Corridor — Coordinate with VDOT and Community Development to evaluate the impact on economic opportunity areas and ensure the preservation, creation and enhancement of marketable commercial/industrial property. Participate in interchange design and land use and coordinate any public policy changes necessary to encourage development in these areas. North County/Hollins Road — The Hollins Road area development included the expansion of a Country Inn & Suites, a renovation of a Days Inn and the planned construction of a new Fairfield Inn. Staff continues to monitor and evaluate the interchange realignment at exit 9146 for proposed I-81 development opportunities. Route 460 East Corridor — The Valley Gateway Business Park and industrial shell building showed significant activity with the sale of 42 acres to Integrity Windows for a 200,000 s.f. manufacturing facility, employing 350 people, and a project investment of $32 million. The shell building was contracted by a developer who seeks to occupy the facility with a suitable industrial tenant. Commercial development was also active with the attraction of a Wal-Mart Super Center, and a Lowe's Home Improvement Center. Staff will continue to identify and market developable property in this area to include the remaining Valley Gateway property and the Jack Smith Industrial Park. West County — Phase I development of the County owned 456 -acre Center for Research and Technology has been completed. Glenmary Drive has been reconstructed, and utility and road extensions along Corporate Circle have been implemented. Engineering design and related improvements to Phase II development have been also been completed and include a second extension of Corporate Circle, utility lines, the construction of a regional storm water management basin, lighting installation, and landscaping enhancements. Additionally, Novozymes Biologicals, a manufacturer of enzymes for agricultural products was recruited to the CRT as the first tenant in the Center. Their III -28 Chapter 3: Land Use Issues initial investment was $12 million with the creation of 25 new jobs for a research and development and administration office. Their Phase II manufacturing facility is planned for construction in 2004. Southwest County/419 corridor - New investment/construction included several commercial enterprises such as the 419 West Restaurant, Carlo's Brazilian Restaurant, Ruby Tuesday's and Fink's Jewelers. Other commercial developments occurred along Brambleton Avenue with Gold's Gym, Freddie's Sunset Grill, Blue Magnolia Restaurant and a Martin German Imports vehicle sales operation. Activity along Route 220 included a new Land Rover, Mercedes, Volvo and Jaguar dealership and the implementation of a 220 Clearbrook corridor overlay district. Maps of the Economic Opportunity Areas are included in this section. These maps include existing commercial and industrial areas and potential economic opportunity sites for future use. Economic Opportunity Areas are intended to provide for future economic development, conform to future land use designations and be an overlay on the land use maps of the Community Plan. Product development for sites and buildings: Roanoke County needs an inventory of commercial and industrial sites in order to successfully compete in economic development. The identification of potential sites is the initial step in the process of converting an undeveloped property into a "ready to go" commercial or industrial site. The Industrial Development Authority of Roanoke County implemented a rezoning study of potential commercial and industrial sites in 1995-96 and rezoned 117 acres for such uses. While many of the county's commercial and industrial properties are now zoned appropriately, they are not considered to be "ready to go sites," due to the numerous development challenges that continue to exist on these sites. The Department of Economic Development remains actively involved in the Capital Improvement Plan process by recommending specific improvement projects for funding that will create ready to go sites for development. Many of these sites will not be developed until significant capital infrastructure improvements are undertaken by the County. Historically, Roanoke County has initiated the location of publicly owned industrial parks such as Valley TechPark (177 acres) and the Roanoke County Center for Research and Technology (456 acres), and has participated as a partner in the development of Valley Pointe (52 acres in Phase I), Valley Gateway (108 aces), the Jack Smith Industrial Park (68 acres), and the Vinton Business Center (99 acres). Roanoke County also participated with The Greater Roanoke Valley Development Foundation to construct a 75,000 foot expandable shell building in Valley Gateway, and is participating with the development of Valley Pointe Phase II (180 acres). The County's role is to provide marketable commercial and industrial sites and buildings so that we can respond favorably and promptly to inquiries proposing expansions and relocations. Targeting business and industry: The Roanoke Valley Economic Development Partnership markets the Roanoke Valley as a business location and serves as a point of contact for companies seeking to relocate to or expand within the Valley. The Partnership III -29 Chapter 3: Land Use Issues has targeted automotive and transportation related, wireless communications, printing, biosciences/life sciences, medical devices, large office and corporate headquarters. Roanoke County concurs with this list and adds large commercial projects and technology based companies that pay salaries and wages in excess of the median wage rate for the region. Using quality measures to evaluate economic development opportunities: The series of community workshops held in the planning areas of the County confirmed that the quality of economic development is important to the citizens. If Roanoke County desires to continue to take advantage of its' premier location for retail, commercial and industrial growth which expands the tax base and creates new economic opportunity for it's citizens, then it must be accepted that land uses and zoning designations must logically change over time to accommodate this activity. It is however vitally important to consider the appearance of the proposed projects and the impacts on the local community when considering new projects in areas adjacent to existing residential areas. Economic considerations should not be the determining criteria for evaluating land use, rather it should be one of many factors considered as the County goes through its natural progression of economic growth. Roanoke County has a history of protecting the rights of its citizens and our natural resources that make this area a destination for families and businesses as evidenced by the following projects. Roanoke County pursued a design cccharette" with the citizens residing adjacent to both the Vinton Business Center and the Roanoke County Center for Research and Technology. This process has resulted in a Master Plan that the County and Town recently qualified by hiring a marketing firm to review the economic feasibility of the various land uses proposed in the Master Plan. Retention of natural vegetation, site and building design criteria, open space preservation and the adoption of protective and restrictive covenants are some of the quality measures adopted in the Master Plan process which will not be compromised as development occurs. Assisting economic development through its public private partnerships: Roanoke County has adopted a public-private partnership policy to assist businesses with expansion and relocation opportunities. The policy was revised and adopted by the Board of Supervisors in 2002, which expanded the flexibility of the program to allow for incentives to be offered for retail businesses that provide significant revenue for Roanoke County. This action signifies the value of retail business operations and their positive impact on the County. Funds are annually appropriated to an economic development fund and administered for projects in accordance with the policy, which gives staff the ability to offer incentives to targeted businesses. The County will consider financing eligible public improvements and employee training costs as a partnership if there is a "payback" or return on investment from new taxes/fees generated by a commercial or industrial project. Typical partnerships involve extensions of water and sewer service and related utility connection fees. All projects are subject to the execution of a performance agreement between the County and the private entity to insure that a proposed development meets its investment goals. Partnership agreements are audited by the County staff to determine if the projected taxes and fees are being generated by a partnership project. III -30 Chapter 3: Land Use Issues Business Retention & Expansion: Roanoke County carries out an ongoing existing business visitation program to companies located within the County. These visits provide a confidential update of a company's products, markets, operations and growth potential. The goal is to retain and facilitate expanded investment and employment within Roanoke County. Existing businesses are eligible for public-private partnership assistance. The Economic Development staff also coordinates district roundtables, hosts a Business Partners TV show, and publishes a business newsletter. Coordination with other County offices and State and Federal agencies to address issues raised by existing businesses is also a function of this program. Redevelopment Efforts: Roanoke County encourages redevelopment through a broad based community development approach that includes citizens, business and the County as partners. The County recognizes that redevelopment efforts should be primarily private sector driven, but is often approached with the involvement of both the public and private sectors. For example, Tanglewood Mall is in a state of decline due to high vacancy rates, and County staff is partnering with the mall management to offer assistance in attracting quality retailers as tenants. County Staff is also assisting the Town of Vinton with revitalization efforts for their downtown area, and continues to support the marketing and development of the Vinton Business Center. Staff will also be participating in Vinton's comprehensive planning process in 2003. Redevelopment efforts for the 460 corridor in West Salem have been delayed due to VDOT's postponing of a significant road widening project in this area. Delays have occurred due to funding considerations, and staff is prepared to assist with this project once funding is restored, and the project is renewed. The Dixie Caverns interchange at Exit #132 off of I-81 and the Hollins Exit 9146 are also areas concentration for future development opportunities. Staff will continue to monitor and evaluate the land uses in these areas, and the corridor study to implement a work plan for future development/redevelopment initiatives. In many County redevelopment efforts, public monies are used to leverage private funds for property improvement and development. County staff serves as a partner and a facilitator in these projects, assisting all parties with accomplishing their goals. Assisting business startups, small business development and Workforce training: The Economic Development staff has many contacts in both the public and private sectors. The Commonwealth of Virginia, the Department of Business Assistance (DBA), the Service Corps of Retired Executives (SCORE), the New Century Venture Center, regional agencies (such as TAP), local colleges and universities and the regional Small Business Development Center (SBDC) are available to assist citizens seeking to start a business. County staff offers referrals to these resources, which contributes to the growth of new businesses in Roanoke County. III -31 Chapter 3: Land Use Issues Objectives A. Strengthen existing business retention efforts and assist companies with expansion opportunities within Roanoke County. B. Attract new industry to the County that will enhance and diversify the industrial base. C. Identify potential commercial and industrial sites and pursue opportunities to add these properties to the "product" inventory of the County. D. Increase public awareness of business activities and their role in the economic base of Roanoke County. E. Identify areas for community development projects that will allow the citizens, businesses and County to jointly improve a geographic area. F. Identify potential public-private partnerships that will enhance economic development in Roanoke County. G. Evaluate and regulate the appearance of new commercial and industrial development, especially those developments adjacent to existing residential neighborhoods. Implementation Strategies Implement the economic development program areas described in the Economic Development Business Plan including Business Retention and Expansion, Business Attraction, Product Development and Regional Cooperation. (Obj. A, B, C, D, E, F) 2. Implement all three development phases of the Roanoke County Center for Research and Technology. (Obj. B, C, F) 3. Identify sites and opportunities for future business park development. (Obj. C, E) 4. Continue to monitor the I-81 Widening Project and the 1-73 development process for economic opportunities. (Obj. C, E) 5. Redevelop the West Main Street (Route 460) corridor. (Obj. A, D, E, F) 6. Continue the land acquisition program to identify, reserve and rezone Economic Opportunity Areas for future development needs. (Obj. C) 7. Development of regional publicly owned business parks. (Obj. A, B, C, D, F) 8. Develop design guidelines for new commercial retail developments including "big box" retail structures, traditional shopping centers and the newer "life style"centers. Develop design guidelines for new industrial projects on a case -by- case basis taking into consideration the III -32 Chapter 3: Land Use Issues location of existing residential developments and valuable natural resources such as the Blue Ridge Parkway viewshed. The appropriateness of the design and the extent to which the developer is sensitive to the above mentioned items will be used as criteria when considering the use of financial incentives to spur development. The following Economic Opportunity Area maps include existing commercial and industrial areas and potential economic opportunity sites for future use. The blue areas identified on these maps as "Other" are areas that have not been specifically identified at this time as future commercial or industrial areas. They are areas where, based upon their location, access or topography, some potential for future economic opportunity exists. III -33 Chapter 3: Land Use Issues Economic Opportunity Area Map - North County o v 746 Bennett '1fi `' i IROS ,5 912 Co ve. SArings a �o� 664 y't{l� fYc rrer,t � .d' 740 fain College o a � �? Z 404 626 l 71 r 23 11 116 6 / 400` hon;;i-g .� 0 Rick 628 118 d Legend 760 629 Ro olce f C 220 Airpa ■ Industrial 141 f t A 0 w p Other 115 a � o N Q k 01 rt wo oars No Scale Date: September 30, 1998 a Ca w 46 III -34 Back of map III -35 Chapter 3: Land Use Issues Chapter 3: Land Use Issues Economic Opportunity Area Map - East County CU Ra ohe 626 22 Rl�po 01 809 b` k 5 Q5 ti r� Q- 116 llfi 22 Knob p m 581 11 nuo Yd �\J J7 O C1 221 O :60 U (0� iF'k f 490 _ CI` Stewarts vtlfe q 24 LCgencl 6 Commercial / []_Industrial. 118 i' a ❑ oar �r 616 M m P, 0 omc� Na Scale Date: September 30, 1998 Q W III -36 Back of map III -37 Chapter 3: Land Use Issues Chapter 3: Land Use Issues Economic Opportunity Area Map - South County III -3 8 Back of map III -39 Chapter 3: Land Use Issues Chapter 3: Land Use Issues Economic Opportunity Area Map - West County III -40 642 t12 Itcgloaal Landfill 646 UD 689 � 2 7�lenvo- 64 p ii Q 1 49 rN�i e ° � O'clock Glock Nnob p B1 W t Lanq li idge 694 Legend C0171171eTC]al 9prin ollo ' t 612 a v .. � Re� v it � P. ~ 0 Other 603 amp r U FI � O U b 0 Cd 0 P O No Scale Date: September 30, 199$ O N U X r� W III -40 Back of map III -41 Chapter 3: Land Use Issues Chapter 3: Land Use Issues 7. GROWTH MANAGEMENT & CAPITAL FACILITIES PLANNING GOAL: To protect, preserve, enhance and effectively and efficiently utilize Roanoke County resources by: • Guiding future growth and development to areas where land uses, facilities and infrastructure exist and are planned • Promoting compact and contiguous development and infill development • Focusing County infrastructure funding on these current and designated future development areas • Protecting and enhancing the following resources: historic, cultural, agricultural, forestry, water, recreational and scenic. INTRODUCTION The growth management goal is to direct development into designated areas that have or will have the capacity to accommodate future growth. This goal will facilitate efficient service delivery in those areas while preserving rural resources in outlying areas. To further this goal, the County land use map should delineate three areas of growth potential: 1) the primary growth areas of the County that are currently served by public water and sewer and where the majority of new growth should be encouraged; 2) the "future growth" areas directly adjacent to the primary growth area that should accommodate outward growth over a 5 -year period of time and where the extension of public water and sewer can relatively efficiently be accomplished; 3) the rural areas where growth should be discouraged and public water and sewer services should not be extended. It must be recognized that the future growth areas should be periodically reviewed and updated. While it is the goal of Roanoke County to focus new development in those areas that currently have existing infrastructure and services it is recognized that some level of outward growth is necessary. To accommodate this outward growth in a manner that does not diminish the quality of life of current residents of these areas, the timing of new developments must be carefully orchestrated to coincide with the construction of public facilities and services to meet the needs of current and future citizens. The growth management goal is clearly intended to discourage development in the rural areas of Roanoke County and recognizes that incompatible development in these areas of the County is costly both in terms of service delivery and the irreversible damage to critical resources. In order to implement the growth management goals it should be recognized that the provision of adequate public infrastructure and services to those areas designated to receive growth is a critical component. The growth management goals of Roanoke III -42 Chapter 3: Land Use Issues County can only be achieved if needed capital facilities improvements are timed and coordinated to accommodate future growth. Conversely, it must be recognized that the inefficiencies of providing these same public services to dispersed rural populations is not in the overall public interest. The provision of public facilities and services requires significant public funding for construction, operation and long-term maintenance. The County should ensure that the highest benefit is provided to County citizens in exchange for this cost. In order to achieve the stated growth management goals, future emphasis should be placed on providing public service delivery to those designated growth areas where future development should be directed. To accomplish this, public facilities and services should be provided at a much higher level in these growth areas than in the non -growth or rural areas. LAND USE RECOMMENDATIONS FOR DESIGNATED GROWTH AREAS Primary designated growth areas - those areas currently served by public water and sewer and where the majority of new growth should be encouraged - include the following land use designations: Principal Industrial, Core, Transition, Development, Neighborhood Conservation, Economic Opportunity, Suburban Village, University, Glenvar Village and Mixed Use. Future designated growth areas — those areas adjacent to primary growth areas where outward growth over the next 5 years should be accommodated — include the following land use designations: Development and to a limited extent Village Center. These primary and future designated ted growth areas are consistent with the intent of Commonwealth of Virginia Code 15.2-2223.1, which describes urban development areas in local comprehensive plans. A map of Designated Growth Areas in Roanoke Count shown on page III -49. These designated growth areas must be attractive places to live and work. Development in these areas should be more efficient and at higher densities than in the past in order to help prevent sprawl development and keep suburban development patterns from encroaching into rural areas. The continuation of low-density suburban areas should not be encouraged in designated growth areas. Design strategies should be developed to ensure that these designated growth areas are harmonious with surrounding areas but may include different uses and different densities than those surrounding areas. Careful design of these designated growth areas should result in development that is beneficial to the community. 1. The majority of new residential growth in the County should be in designated primary and future growth areas. 2. Development within the growth areas should have public water and sewer. III -43 Chapter 3: Land Use Issues Rezoning of property within these designated primary and future growth areas should consider and address the impacts on public facilities and services that would result from the rezoning. 4. The residential growth areas should be developed at densities that allow efficient use of the land. Gross densities should be increased. Design of residential growth areas should reflect the following principles: a. Transportation — Neighborhood streets (both public and private) should be of a scale that complements the area, should incorporate landscaping and should encourage walking and biking. Private streets, and public streets in accordance with VDOT guidelines, should be designed to calm traffic. Sidewalks and paths should be provided for pedestrians. b. Parks and Open Space — To compensate for increased residential densities parks and open space should be incorporated into the design. Environmental resources such as floodplains, slopes and forested areas should be protected. 6. Steep slopes — New development, infill development and redevelopment on slopes between 10% and 33% should be sensitive to existing grades and where possible should promote architectural design elements that work with, rather than against, these grades. Develop design guidelines and regulations for development on steep slopes. These should include provisions for "slope maintenance bonds", and should determine a slope above which development should not be allowed. The precise slope percentage should be determined after more research and analysis is conducted but should be specified in the future zoning ordinance amendment. 7. Infill development — new development on vacant lots within urbanized/suburbanized areas - should be encouraged. Design guidelines should be developed to: a. allow flexibility in housing location, type and density; b. provide flexibility in lot size, configuration, and vehicle access to facilitate infill development; c. provide clear development standards that promote compatibility between new and existing development; d. encourage development of needed housing in close proximity to employment and services; e. promote neighborhood preservation and enhancement through redevelopment of underutilized properties; f. encourage mixed use development to complete neighborhoods and provide housing close to jobs and commerce; A policy that considers encouraging infill development should address accessory III -44 Chapter 3: Land Use Issues dwellings, flag lots, shared driveway policies, frontage requirements, setbacks and parking requirements. 8. Public improvements, needed to support and encourage infill development, should be scheduled in a timely fashion in order to be incorporated into new developments. 9. Neighborhood Commercial Centers — Properties suitable for low to moderate intensity retail sales and services — along collector and arterial roads — should be inventoried and rezoned to Neighborhood Commercial. Small, neighborhood commercial areas should be developed to enhance the residential development and should connect to the residential area. Mixed uses — shops, offices, civic and cultural spaces — should be encouraged. Densities should be increased by encouraging the mix of residential uses, office uses and retail uses. The current Neighborhood Commercial District standards should be modified as follows: a) Total District Size: increase from current maximum of 3 acres b) Permitted Uses: expand commercial uses allowed (retail) and consider including limited residential c) Strengthen use and design standards including site development, lighting, landscaping, signage and maximum square footage requirements d) Revise minimum parking requirements and establish maximum parking requirements in the District; revise shared parking limitations e) Encourage public uses within this District such as public branch libraries, police sub -stations, etc. In addition, the Community Plan should address the issue of allowing higher - density residential in the immediate neighborhoods surrounding these identified Neighborhood Commercial Districts. 10. Commercial development should encourage vehicular and pedestrian connections to nearby neighborhoods and should avoid strip, linear designs. 11. Revise the Cluster Development ordinance. Address the following sections: a. Street and Access Requirements including: 1) length of private streets; 2) number of dwelling units allowed on any single private street; and 3) private street design requirements. b. Conservation Areas, Primary and Secondary: review and clarify definitions including section relating to slope. C. Open Space Requirements and the relationship to lots and property lines. 12. In compliance with the ozone Early Action Plan, Roanoke County should adopt a III -45 Chapter 3: Land Use Issues 40% tree canopy coverage (calculated at ultimate growth of trees) as a target for all new development. Encourage developers to site structures and parking lots around stands of mature trees and where needed, require the replacement of trees. Recognize the important role trees lay in air quality, aesthetics and cooling. 13. Develop corridor studies for future commercial areas including Route 220 South, Route 221 and Route 460 west. LAND USE RECOMMENDATIONS FOR RURAL AREAS Rural growth areas — those areas where growth should be discouraged — include the following land use designations: Rural Village, Rural Preserve, Conservation and to some extent Village Center. Roanoke County should make a commitment to preserve its rural areas. Without this, we will see the continued fragmentation of large parcels of land and the conversion to residential development. This pattern results in a declining agricultural economy, the loss of plant and wildlife habitats, and the loss of natural resources and the rural character of much of Roanoke County. The subdivision of rural lands for single-family residences has serious implications for resource conservation and the preservation of the rural character. The outlying more rural areas of Roanoke County are currently zoned to allow minimum lot sizes of 1-3 acres. These lot sizes are not conducive or sufficient for viable agricultural, forestry or conservation land uses. The only thing these small lot sizes do is encourage the steady spread of a basically suburban land pattern and character in historically rural areas. The consequence is the irreversible loss of rural lands and the loss of natural, scenic and historic landscapes. In addition, rural residential land development requires increased delivery of public services. To be consistent with the growth management goals of Roanoke County, the policies that allow the continued development and fragmentation of rural lands should be changed. It should be recognized that the most effective tools for protecting rural lands are those that discourage development from occurring in the first place and provide permanent protection of the land. Any land use regulations that allow residential development in the rural areas, even at much less density, will reduce fragmentation and density impacts but not eliminate them. Having said that, the goal is not to eliminate all residential development in the rural areas of Roanoke County but to recognize the impacts this development pattern has and to address the location, character and extent of this development in order to minimize the harmful impacts. The following policies are recommended: 1. Encourage land protection and conservation in rural areas. Recognize that tools such as conservation easements are the most cost-effective solution to protecting rural lands. III -46 Chapter 3: Land Use Issues 2. Decrease residential density in rural areas. Revise the AR, AG -1 and AG -3 zoning district site development regulations to address the issue of lot averaging and the concerns of land fragmentation and density related impacts. 3. Permit and or require clustering of rural residential development for subdivisions of 5 lots or greater. This should encourage a more efficient land development pattern and retain all the development potential that would be available under a conventional development standard. The benefits of this program to the landowner are reduced development costs, more marketable lots, and the preservation of substantial portions of land. Citizens would gain the benefits of permanent preservation of large tracts of land that could be used for agricultural or forestry uses, recreational uses and the preservation of water, natural or scenic resources. Many issues need to be considered in developing standards for a rural cluster program. The protection of the natural environment should be ensured. A minimum size of the preservation parcel should be determined. The standards should ensure that a minimum amount of land is used for residential development. With that though, and in keeping with the growth management goals of Roanoke County, the use of rural cluster developments should not be a justification to extend public water and sewer to these rural areas. In order for this program to work, alternatives for wastewater treatment and water supply should be considered that would allow reduced lot sizes for the residential parcels and, thereby, allowing significant portions of land to be available as preservation parcels. 4. Proactively manage the extension of water and sewer services. Recognize that the availability of public water and sewer, among other things, greatly influences the development and density of land. Sewer pump stations have made the extension of public sewer feasible to areas of the County where it would not otherwise be. Staff has mapped recommended "future growth" areas, contiguous to the current utility services boundary, that should accommodate growth over the next 5 year period of time. Within this future growth area Section 15.2-2232 public review will not be required for the extension of water and sewer services. Outside and beyond these future growth areas, staff is recommending that no new utility lines be extended, no new pump stations be built and no new community well systems be allowed without the benefit of a Section 15.2-2232 public review. 5. Consider adopting a set of design guidelines and recommendations for future improvements to rural roads. Also, consider adopting the Virginia Department of Transportation Rural Rustic Roads Program. This program for unpaved roads is designed to pave rural roads in a more environmentally friendly and less costly manner. This program uses existing road widths for road improvements, rather than increasing road widths and is designed for areas with limited growth. 6. Consider minimum private road development standards for very large lot rural residential development. Shared driveways, flag lots or lots with no frontage should also be considered to minimize the amount of road frontage required and III -47 Chapter 3: Land Use Issues the visual impact of residential development from the rural roads. These standards should apply to five or fewer lots. 7. Protect steep slopes and ridgelines. Develop design guidelines and regulations for development on steep slopes. These should include provisions for "slope maintenance bonds", and should determine a slope above which development should not be allowed. The precise slope percentage should be determined after more research and analysis is conducted but should be specified in the future zoning ordinance amendment. 8. Develop and implement a Mountain Zoning District. This proposed district should prohibit multi -family residential, commercial and industrial development within the district and provide limitations on clearing, grading, building height and distance from ridgeline for all other development. Specifics of this ordinance should be researched and analyzed after the adoption of the Community Plan. 9. Develop design standards for Rural Village Centers. Review the areas currently designated as Village Centers and, with community input, determine which should stay on the list, which should be removed and if new areas should be added. There may be areas that are currently designated Rural Village Centers that, given growth patterns, may be better suited as Development and rezoned to Neighborhood Commercial. In these cases, consideration should be given to the extension of public water and sewer to these areas. Rural Village Centers are rural locations where you would find small country stores, small family restaurants, schools, post offices and churches — those establishments that bring a sense of community to the surrounding countryside. These areas are not intended to be major employment centers for urban/suburban residents but rather to provide essential goods and services to the nearby rural residential community. These areas are often the rural crossroads. Design standards should consider the following: prohibit the creation of strip development along rural roads; appropriate scale of buildings; the re -use and renovation of existing buildings should be encouraged. Overall, rural design standards should be implemented not suburban design standards. It should be recognized that these rural village areas do not require the same signage, access, parking and lighting standards that more suburban and urban areas do. 10. Develop an ordinance to prohibit the clear -cutting of trees in certain zoning districts, under certain circumstances. Attention should be given to the provisions of State Code dealing with silviculture activities. 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X z MIMIm c MO Lon O E E Q m a i s a� E O V a w Low Q s O Imim0 o Q cn c/1 DC C •- _0 - .N m C: w O �P , N i 0 `J L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 2015 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.