HomeMy WebLinkAbout2/23/2016 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION 022316-1 SUPPORTING THE DESIGNATION OF THE
ROANOKE VALLEY REGION AS VIRGINIA'S BLUE RIDGE AND
DIRECTING ROANOKE COUNTY'S USE OF THE VIRGINIA'S BLUE
RIDGE BRAND ON COUNTY PROMOTIONAL AND MARKETING
MATERIALS IN SUPPORT OF EXPANDED DESTINATION TRAVEL
AND TOURISM
Whereas, travel in Virginia's Blue Ridge generates nearly $784 million in travel
expenditures annually by visitors and supports over 7,600 jobs; and provides more than
$55 million in direct state and local tax revenue;
Whereas, leisure travel, which accounts for more than three-quarters of all trips
taken in the United States, supports our region's arts, entertainment, and recreation
sectors of tourism and spurs local job creation; and
Whereas, traveler spending in our region enhances the lives of local residents
through sales taxes paid by out-of-town guests, thereby decreasing residents' taxes to
cover services enjoyed by all; and
WHEREAS, travel and tourism are vital components of Virginia's diverse
economy, a cornerstone of our vibrant quality of life, and a catalyst for entrepreneurship,
cultural enrichment, historic preservation, community revitalization and economic
growth; and
WHEREAS, the goal of the Roanoke Valley Convention & Visitors Bureau is to
promote the travel and tourism industry in the region, direct the development of local
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tourism marketing programs, and increase the prosperity and welfare of the people of
Roanoke County; and
WHEREAS, in an effort to market Virginia's Blue Ridge as a premier travel
destination, the Roanoke Valley Convention & Visitors Bureau works in partnership with
localities, businesses, and non-profit institutions to extend the appeal, reach and impact
of the "Virginia's Blue Ridge" brand; and
WHEREAS, the Virginia's Blue Ridge brand promotes a positive and attractive
image, regionally, nationally and globally; and
WHEREAS, Roanoke County desires to work with other regional governments
and private businesses to unite under one regional brand, Virginia's Blue Ridge; and
WHEREAS, Roanoke County in cooperation with regional governments desires
to cooperate, develop, and maintain a consistent message that supports the Virginia's
Blue Ridge brand.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors joins its regional partners in designating this region as Virginia's Blue Ridge
and directs that Roanoke County marketing and promotional materials support the
Virginia's Blue Ridge brand, encouraging the growth of destination travel and tourism
within the greater Roanoke Valley.
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On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
LAYTESTE:
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
cc: Thomas C. Gates, County Administrator
Amy Whittaker, Public Information Officer
Jill Loope, Director of Economic Development
Doug Blount, Director of Parks, Recreation and Tourism
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION 022316-2 AUTHORIZING THE COUNTY OF ROANOKE
TO ENTER A MEMORANDUM OF UNDERSTANDING WITH THE
TOWN OF VINTON, FOR THE COUNTY OF ROANOKE TO ACT AS
THE VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP)
AUTHORITY FOR THE TOWN OF VINTON
WHEREAS, on this day of February 23, 2016, the Board of Supervisors of
Roanoke County adopted Ordinance 022316-6, amending Chapter 23 of the Code of
Roanoke County, wherein the County of Roanoke (the "County") is authorized to
establish a Virginia Stormwater Management Program (VSMP) and a Virginia Erosion
and Sediment Control Program (VESCP) within the County of Roanoke and within the
Town of Vinton (the "Town"); and
WHEREAS, the VESCP and the VSMP are becoming increasingly more
interrelated and complex to administer; and
WHEREAS, the Town of Vinton has determined that it would be beneficial for
Roanoke County to operate as the local VSMP Authority in the Town; and
WHEREAS, the County is willing to serve in this capacity; and
WHEREAS, the County currently reviews and inspects new land disturbing
activities for conformance with the Stormwater Management Design Standards,
Hydrologic Design, and Best Management Practices (BMPs) of the Town; and
WHEREAS, Roanoke County is also currently recognized as the local VESCP
Authority within the County and the Town to regulate stormwater runoff from
construction sites; and
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WHEREAS, on August 13, 2013, the County executed two Memorandum of
Understanding agreements with the Town for the County to provide inspections for
stormwater management facilities and post -construction inspection services; and
WHEREAS, on August 31, 2015, Christopher S. Lawrence, the Town Manager of
the Town, submitted a letter to the County, requesting the County to become the VSMP
authority for the Town; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
2. That the County Administrator is hereby authorized to enter a
Memorandum of Understanding, on behalf of the County, with the Town of Vinton, upon
a form approved by the office of the County Attorney, for the County to become the
Virginia Stormwater Management Program Authority for the Town of Vinton.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A CORY TESTE:
Deborah C. Jacks" V
Chief Deputy Clerk to the Board of Supervisors
cc: Thomas C. Gates, County Administrator
Ruth Ellen Kuhnel, County Attorney
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, FEBRUARY 23, 2016
ORDINANCE 022316-3 AMENDING ARTICLE IV. -SELF-INSURANCE
PROGRAM, SECTIONS 2-81 AND 2-83 OF THE COUNTY CODE
CLARIFYING THE CURRENT PRACTICE THAT FIRE AND RESCUE
VOLUNTEERS ARE COVERED UNDER WORKERS' COMPENSATION,
AND THAT OTHER VOLUNTEERS MAY REMAIN COVERED UNDER A
BLANKET ACCIDENT POLICY AND/OR SUBJECT TO A GENERAL
LIABILITY POLICY
WHEREAS, Roanoke County maintains a self-insurance program ("the program")
to indemnify certain individuals against losses incurred as the result of personal injury or
property damage arising from actions or omissions of or on behalf of the County and its
related agencies in such amounts as the County shall approve for indemnification; and
WHEREAS, the Virginia Workers' Compensation Act, Section 65.2-101, et seq.
("the Act"), of the Code of Virginia, 1950, as amended, sets forth the mandates for
indemnification of County employees for accidents and injuries arising out of and in the
course of their employment for the County; and
WHEREAS, such employees who suffer injuries arising out of and in the course
of their County employment are subject to the County's program for workers'
compensation benefits under the Act; and
WHEREAS, the mandates of the Act do not require the County to indemnify
volunteers who donate efforts or resources to various County projects and who may
suffer personal injury during the course of such volunteer activities, in the same manner
the County would otherwise be required to indemnify County employees; and
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WHEREAS, the County wishes to amend its self-insurance program regarding
coverage for volunteers so that the provisions of the program are consistent with the
terms of the Act; and
WHEREAS, this Amendment shall cause the Code of Roanoke County to
conform to the provisions of the Act with regard to volunteers; and
WHEREAS, in recognition of the public service role that volunteers provide for
the County, the County has procured certain insurance under a Blanket Accident policy
and a general liability policy with VACORP that may otherwise provide some limited
medical payment coverage for volunteers performing approved volunteer services for
the County; and
WHEREAS, this Amendment shall not be construed to apply to or otherwise
affect any applicable benefits that those registered emergency fire and rescue
volunteers who perform volunteer emergency fire and rescue roles for the County
currently receive following accident or injury in the course of their volunteer fire and
rescue roles; and
WHEREAS, this Amendment codifies and memorializes the current practices of
the Roanoke County Office of Risk Management; and
WHEREAS, this Amendment is drafted to promote good stewardship of the
taxpayer funds entrusted to the self-insured program; and
WHEREAS, Article IV of the Roanoke County Code, Section 2-81 defines
"covered persons" under the program. This amendment will remove "volunteers" from
the list of "covered persons" and instead, will specify that "fire and rescue volunteers"
are "covered persons" under the program.
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WHEREAS, Article IV of the Roanoke County Code, Section 2-83 sets forth
"Risks covered by the self-insurance program" and sub -section 2-83 (c)(2) lists various
entities and persons who are excluded from the provisions of the County's workers'
compensation self-insurance coverage; and
WHEREAS, the proposed amendment adds a category of "Volunteers, except
fire and rescue volunteers," to this list of exclusions under the Workers' Compensation
portion of the self-insured program; and
WHEREAS, the first reading of the ordinance was held on February 9, 2016, and
the second reading was held on February 23, 2016.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that Article IV of the Roanoke County Code, Sections 2-81 and 2-83,
Self -Insurance Program, be amended as follows:
Sec. 2-81. - Definitions.
[As used in this article, unless the context requires a different meaning:]
Claim(s) means requests for payment for personal injury or property damage.
County officer means a member of the Board of County Supervisors, a
constitutional officer, an elected official, or a member of a board, commission or
authority which is appointed by the Board of Supervisors or performs functions of the
County, e.g., Electoral Board, Board of Zoning appeals.
Covered person means a County officer, County employee, or fire and rescue
volunteer.
Employee means a person other than a volunteer or County officer who performs
services for the County, is paid wages or a salary by the County in exchange for
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services, and who is subject to direction by County officers or their designees. The term
also includes persons who perform functions of the County, e.g., registrar. The term
specifically excludes independent contractors.
Occurrence means an event or accident that results in personal injury or property
damage.
Personal injury includes:
(1) Death, bodily injury, sickness, shock, intentional infliction of mental anguish or
mental injury;
(2) False arrest, false imprisonment, wrongful eviction, wrongful detention,
malicious prosecution, or humiliation;
(3) Libel, slander, defamation, invasion of rights to privacy, infringement of
copyright, false service of civil papers, abuse of process;
(4) Assault and battery; and
(5) Deprivation of rights, privileges, or immunities secured by state or federal law
or by the Constitution of the United States or the Constitution of Virginia.
Property damage means physical injury to or destruction of tangible and/or
intangible property and all direct and consequential loss resulting therefrom.
Self-insurance fund. The risk management fund shall be a continuing
appropriation, notwithstanding fiscal years, to be used for payment of the administrative
costs, expenses, settlements, judgments, and claims of the self-insurance program. The
self-insurance fund may also be augmented from time -to -time with transfers from other
accounts.
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Self-insurance trustees. There is hereby created a self-insurance committee for
the purpose of administering, in accordance with the provisions of this article, the self-
insurance program with the risk manager. The self-insurance trustees shall be
comprised of the County administrator, County attorney, director of finance, and the risk
manager, or their designee.
Volunteer means a person other than a County officer or employee who performs
services for the County without remuneration and who performs them subject to
direction by County officers or employees and who is registered as such with the
County's department of human resources.
(Ord. No. 61494-6, § 1, 6-14-94)
Sec. 2-83. - Risks covered by the program.
(a) In accordance with section 2-82 of this program, the County shall
indemnify against personal injury or property damage losses arising from actions or
inactions taken or not taken by or on behalf of the County or its related agencies in such
amounts as the County shall approve, after it is determined that:
(1) Indemnifying against such losses would have a beneficial effect on
the County's ability to employ and retain qualified employees; or
(2) Indemnifying against such losses would otherwise further the
County's lawful responsibilities without detrimentally affecting the County's
responsibilities as a political subdivision of the Commonwealth of Virginia.
(b) In the event the County chooses to limit indemnification, it shall notify the
employee of such limitation in a reasonable time following receipt of the claim.
(c) Risks covered by the program include:
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(1) Property damage (including consequential damages when not due
to other causes excluded by the program) to or loss of real and personal property
owned by the County or property owned by others that is under care, custody or
control of the County.
a. Property damage shall include:
1. The expense of removing damaged property and
debris (other than building foundations) after any covered loss;
2. Expenses incurred to reduce or prevent actual or
imminent loss or damage as long as these expenses are less than
the loss or damage being reduced or prevented;
3. Expenses incurred due to the demolition of
undamaged portions of covered property when required by law,
ordinance, code or regulation, including site clearing, replacement
of the undamaged portion, and business interruption expenses due
to the delay in repair or rebuilding;
4. Architects' fees for consultation arising from covered
losses, subject to a limit of seven (7) percent of replacement cost;
and
5. Construction or repair expenses required by any law,
ordinance, code or regulation which regulates construction, repair,
replacement or use of any damaged or undamaged portions of the
property.
b. Property damage shall not include:
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1. Loss by moth, vermin, termites or other insects; wear,
tear or gradual deterioration; rust, wet or dry rot or mold, shrinkage,
evaporation, loss of weight, or leakage unless caused by fire or
firefighting;
2. Loss or damage caused by contamination unless
directly resulting from fire or extended coverage perils, such as
earthquakes, floods, lightning, windstorms, and hail;
3. Loss resulting from dampness of atmosphere or
variation in temperature unless caused by fire or extended
coverage perils, such as earthquakes, floods, lightning, windstorms,
and hail;
4. Loss of electrical appliances or devices of any kind,
including wiring, arising from electrical injury or disturbance unless
as a direct result of loss or damage caused by fire or extended
coverage perils, such as earthquakes, floods, lightning, windstorms,
and hail;
5. Loss to motor vehicles, aircraft, or watercraft including
tires, caused by normal wear or tear, mechanical or electrical
breakdown or failure or freezing;
6. Loss to property other than motor vehicles, aircraft,
and watercraft by mechanical breakdown, including rupture or
bursting by centrifugal force;
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7. Loss to aircraft, standing timber, trees, shrubs, lawns,
growing crops and livestock;
8. Unexplained loss or mysterious disappearance, or
shortage disclosed upon taking inventory; and
9. Loss resulting from normal aging of equipment,
buildings, or other property.
(2) Workers' compensation. The County will pay workers' compensation
benefits to employees and fire and rescue volunteers who are injured by accident or
who develop an occupational disease caused by their employment or volunteer service
when required by Title 65.2 of the Code of Virginia, 1950, as amended (the Virginia
Workers' Compensation Act, hereinafter "the Act"). The employee must notify the
County of any return to employment, increase in earnings, or recovery for injury from
third parties and if the employee fails to so notify the County, the County's obligation to
pay benefits will terminate. The County reserves its subrogation rights as provided in
the act.
Benefits shall be paid in accordance with the provisions of state law and
provisions of County administrative regulations as promulgated by the County
Administrator.
To be eligible for workers' compensation benefits, a volunteer firefighter must
have been duly certified to the Clerk of Circuit Court as required by Section 27-42 of the
Code of Virginia.
This workers' compensation coverage does not apply to:
a. Individuals not employed by the County;
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b. Persons providing services to the County as independent contractors;
and
C. Employees receiving medical treatment provided by a physician not
listed in the County's physician list, except when (a) the nature of the
illness or injury requires emergency medical services or (b) the
employee is referred by a physician who is on the County's physician list
to a physician who is not on the County's physician list; and
d. County officers, unless they are deemed to be covered "employees"
under the Act;
e. All volunteers, except fire and rescue volunteers.
(3) Automobile liability. The program will pay claims which a covered person
is legally obligated to pay for negligent operation of a motor vehicle in the course of
County business. However, if the covered person is driving a non -County owned vehicle
on County business and is guilty of negligence, the program will only provide secondary
coverage to the covered person's personal liability insurance over and above minimum
amounts required by Virginia law, i.e., the program will pay for any claims against the
covered person which exceed the limits of the covered person's personal insurance
policy up to the program limit of liability. The program will not pay claims for any
damage to any non -County owned vehicle operated by a covered person which is due
to the negligence or intentional actions of that covered person.
The program provides the statutory minimum limits for uninsured motorist
coverage and specifically rejects coverage in excess of the statutorily mandated
minimum. The limits of liability for uninsured and underinsured motorist liability coverage
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shall be the minimum amounts required by Virginia law, currently established as follows:
twenty-five thousand dollars ($25,000) because of bodily injury to or death of any one
person in any accident, and subject to the limit for one person, to a limit of fifty thousand
dollars ($50,000) because of bodily injuries to or death of two (2) or more persons in
any one accident, and to a limit of twenty thousand dollars ($20,000) because of injury
to or destruction of property of others in any one accident, or as may be hereafter
established by law. The program's uninsured motorist coverage shall be secondary to
any such coverage in the covered person's personal liability insurance policy or any
other available uninsured motorist coverage.
The program provides medical payments coverage only to the extent mandated
in Code of Virginia Title 38.2.
The program will not pay collision and comprehensive damage claims for County
owned or leased motor vehicles. These repair expenses or losses shall be the
responsibility of the County department, agency, or officer to which the motor vehicle is
assigned.
(4) Comprehensive general liability including law enforcement legal liability
and public officials' liability. The program will pay claims for liability imposed upon a
covered person for personal injuries and property damage or loss because of the acts,
errors or omissions of a covered person in the course of his duties on behalf of the
County. Not included in this comprehensive general liability coverage are County
employees whom the covered person may have injured in the course of their
employment (because such employees have coverage under the workers'
compensation section).
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(5) Medical services. The program will pay claims, if based solely on error,
negligence, omission or mistake, arising out of medical services which were rendered or
which should have been rendered by any duly qualified medical practitioner, nurse or
technician employed by the County or acting at its request. The program will provide
coverage only to the extent that the losses exceed the medical professional's other
insurance coverage and to the extent of the program's limit of liability.
(6) Faithful performance blanket bond liability. The program will indemnify
the County for loss caused through failure of any County officer, volunteer or employee,
acting alone or in collusion with others to perform faithfully his duties or to account
properly for all monies and property received by virtue of his position or employment.
(7) The program may, but is not obligated to, provide for a policy for
payment of certain medical expenses incurred by approved volunteers, other than
registered fire and rescue volunteers, for bodily injuries that occur during the course of
approved volunteer projects in the County.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Chief Deputy Clerk to the Board of Supervisors
cc: Daniel R. O'Donnell, Assistant County Administrator
Mary Beth Nash, Senior Assistant County Attorney
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, FEBRUARY 23, 2016
ORDINANCE 022316-4 APPROVING A NEW INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ROANOKE, THE CITY OF
SALEM AND THE COUNTY OF ROANOKE FOR THE
ESTABLISHMENT OF A REGIONAL COLLISION CENTER WITH
ROANOKE ACCIDENT SUPPORT SERVICES, LTD
WHEREAS, the County of Roanoke, the City of Roanoke and the City of Salem,
pursuant to Section 15.2-1300 of the Code of Virginia (1950), as amended, have
negotiated a new Intergovernmental Agreement with Roanoke Accident Support
Services, Ltd. ("RASS") for the establishment of a regional collision center; and
WHEREAS, Section 15.2-1300 of the Code of Virginia authorizes two or more
localities to enter into agreements with one another for joint action; and
WHEREAS, Section 46.2-373 of the Code of Virginia requires every law-
enforcement officer who in the course of duty investigates a motor vehicle accident
resulting in injury to or death of any person or total property damage to an apparent
extent of $1,500 or more to forward a written report of the accident to the Department of
Motor Vehicles within twenty-four hours after completing the investigation; and
WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Salem
have determined that it is in the best interest of all three jurisdictions to enter into a
Roanoke Valley Regional Collision Center Agreement with RASS to operate a Regional
Collision Center to assist in the preparation of accident reports act as a clearing house
for reporting on all such accidents that occur in the three jurisdictions; and
WHEREAS, the first reading of this ordinance was held on February 9, 2016, and
the second reading was held on February 23, 2016.
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NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Intergovernmental Roanoke Valley Regional Collision Center
Agreement with Roanoke Accident Support Services, Ltd. is approved.
2. That the County Administrator is hereby authorized to execute the
Intergovernmental Roanoke Valley Regional Collision Center Agreement
upon such form as approved by the County Attorney.
3. That this ordinance shall be in full force and effect from and after its passage.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
OE
Deborah C. Jacks " (,,,"
Chief Deputy Clerk to the Board of Supervisors
cc: Howard B. Hall, Chief of Police
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
ORDINANCE 022316-5 AUTHORIZING THE VACATION OF AN
UNIMPROVED RIGHT-OF-WAY SHOWN AS TINKERDALE ROAD ON
MAP OF NORTH BURLINGTON HEIGHTS IN PLAT BOOK 3, PAGE 57,
OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID
RIGHT -OF WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the map of North Burlington Heights subdivision recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57,
established a street designated as Tinkerdale Road fifty feet (50') in width and intersecting
with Enon Drive (Rte. 1806), located between Lot 3, Block 14, Section 1 (Map of North
Burlington Heights, Plat Book 3, page 57) and Lot 3 and '/2 of Lot 2, Block 15, Section 1
(map of North Burlington Heights, Plat Book 3, page 57) for a portion of its length; and
WHEREAS, the area designated and set aside for public use as Tinkerdale Road on
the map of North Burlington Heights has never been improved or accepted into the Virginia
State Secondary Road System; and
WHEREAS, the property owners of Lot 3, Block 14, Section 1 (map of North
Burlington Heights, Plat Book 3, page 57) and Lot 3 and '/2 of Lot 2, Block 15, Section 1
(map of North Burlington Heights, Plat Book 3, page 57) adjoining the unimproved section
of Tinkerdale Road, extending approximately two hundred fifty (250) feet from the northern
edge of Enon Drive, have requested the vacation of this unimproved portion of the fifty foot
(50') width right-of-way so as to permit these property owners to make improvements to
their residential properties; and
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WHEREAS, Appalachian Power Company, Cox Communications and Verizon
Virginia LLC have requested that a public utility easement be retained for their utilities
presently occupying the existing right-of-way. Western Virginia Water Authority has
requested an easement for an existing water line occupying the existing right-of-way and
Roanoke County Community Development would also like to retain an easement for a
storm drain that is present; and
WHEREAS, the above described street or road is more clearly indicated as "Portion
of Tinkerdale Road To Be Vacated and Reserved as a 50' Public Utility Easement" on
"PLAT SHOWING PORTION OF TINKERDALE ROAD — TO BE VACATED BY BOARD
OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated 1-4-2016, prepared by
Roanoke County Department of Community Development and attached hereto as Exhibit
"A"; a n d
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Tinkerdale Road and that its current existence imposes an
impediment to the adjoining property owners making improvements to their properties
adjoining this previously dedicated but unimproved street; and
WHEREAS, the adjoining property owners and residents of Roanoke County and
Roanoke City, as the Petitioners, have requested that, pursuant to Section 15.2-2272 of
the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County,
Virginia, vacate this right-of-way, designated as "Tinkerdale Road" on the plat of the North
Burlington Heights, Plat Book 3, page 57 and the plat of as now shown on the attached
Exhibit "A"; and
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WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of
Virginia (1950, as amended); and
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter,
the acquisition and disposition of real estate can be authorized only by ordinance. A first
reading of this ordinance was held on February 9, 2016, and a second reading and public
hearing of this ordinance was held on February 23, 2016.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter,
the subject real estate (Tinkerdale Road, fifty feet (50') in width street and approximately
two hundred and fifty (250) feet in length) is hereby declared to be surplus and the nature
of the interests in real estate renders it unavailable for other public use.
3. That this street, Tinkerdale Road, being designated and shown as "Portion of
Tinkerdale Road To Be Vacated and Reserved as a 50' Public Utility Easement" on
Exhibit "A" attached hereto, said street being located between Lot 3, Block 14, Section 1
(map of North Burlington Heights, Plat Book 3, page 57) and Lot 3 and '/2 of Lot 2, Block
15, Section 1 (map of North Burlington Heights, Plat Book 3, page 57), in the Hollins
Magisterial District of the County of Roanoke, and hereby is, vacated pursuant to Section
15.2-2272 of the Code of Virginia, 1950, as amended.
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4. That a fifty foot (50') public utility easement is accepted, reserved and maintained
for public purposes in the area previously designated as "Tinkerdale Road" as shown on
Exhibit "A" attached hereto.
5. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
6. That the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute such documents and take such actions as may be necessary to
accomplish the provisions of this ordinance, all of which shall be on a form approved by the
County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption, and a
certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia
(1950, as amended).
On motion of Supervisor Bedrosian to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jackd
Chief Deputy Clerko the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Brian Epperly, Transportation Engineer
Page 4 of 4
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS EXHIBIT REPRESENT A COMPOSITE OF DEEDS,
PLATS, AND CALCULATED INFORMATION AND D❑ NOT REFLECT AN ACCURATE BOUNDARY SURVEY.
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TAX MAP NO. 27.05
NOTE:
EXISTING 50' UNIMPROVED PUBLIC R/W
CONTAINS 10- WATER, 24- STORM DRAIN,
OVERHEAD POWER, CABLE AND COMMUNICATION
LINES. THIS REQUIRES THAT AN EASEMENT
BE RETAINED FOR FUTURE MAINTENANCE
TO INCLUDE THE RIGHT TO CUT, TRIM, OR
OTHERWISE CONTROL TREES OR OTHER
OBSTRUCTIONS NEAR UTILITY'S AND THE
RIGHT TO INGRESS AND EGRESS FOR
MAINTENANCE AND NEW CONSTRUCTION FOR
ANY FUTURE UPGRADES.
VACATED & RESERVED AS A P.U.E.
FOR UTILITY'S PRESENT BY
APPALACHIAN POWER COMPANY,
COX COMMUNICATIONS, AND
VERIZON VIRGINIA LLC. EASEMENT
FOR W.V.W.A. WATER LINE AND A
ROANOKE COUNTY DRAINAGE
EASEMENT CONTAINING 1.1435 Ac.
AND 25' IN WIDTH.
1-2
& RESERVED AS A P.U.E.
FOR UTILITY'S PRESENT BY
®VACATED
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2-3 N36°51'53"W 45.00
COX COMMUNICATIONS, AND
3-4 SB 1 °34'37"E 26.42'
VERIZON VIRGINIA LLC. EASEMENT
250.Do
FOR W.V.W.A. WATER LINE AND A
N36-5 1 00 W
ROANOKE COUNTY DRAINAGE
EASEMENT CONTAINING 1.1454 Ac.
AND 25' IN WIDTH.
TAX MAP NO. 27.05
NOTE:
EXISTING 50' UNIMPROVED PUBLIC R/W
CONTAINS 10- WATER, 24- STORM DRAIN,
OVERHEAD POWER, CABLE AND COMMUNICATION
LINES. THIS REQUIRES THAT AN EASEMENT
BE RETAINED FOR FUTURE MAINTENANCE
TO INCLUDE THE RIGHT TO CUT, TRIM, OR
OTHERWISE CONTROL TREES OR OTHER
OBSTRUCTIONS NEAR UTILITY'S AND THE
RIGHT TO INGRESS AND EGRESS FOR
MAINTENANCE AND NEW CONSTRUCTION FOR
ANY FUTURE UPGRADES.
VACATED & RESERVED AS A P.U.E.
FOR UTILITY'S PRESENT BY
APPALACHIAN POWER COMPANY,
COX COMMUNICATIONS, AND
VERIZON VIRGINIA LLC. EASEMENT
FOR W.V.W.A. WATER LINE AND A
ROANOKE COUNTY DRAINAGE
EASEMENT CONTAINING 1.1435 Ac.
AND 25' IN WIDTH.
1-2
1-2 S53°42'00"W 250.00'
250.00
2-6
2-3 N36°51'53"W 45.00
25.00
3-4 SB 1 °34'37"E 26.42'
4-5 N53 42'00'E 230.01
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5-1 536-51-00"E 1 25.00
N36-5 1 00 W
TAX MAP NO. 27.05
NOTE:
EXISTING 50' UNIMPROVED PUBLIC R/W
CONTAINS 10- WATER, 24- STORM DRAIN,
OVERHEAD POWER, CABLE AND COMMUNICATION
LINES. THIS REQUIRES THAT AN EASEMENT
BE RETAINED FOR FUTURE MAINTENANCE
TO INCLUDE THE RIGHT TO CUT, TRIM, OR
OTHERWISE CONTROL TREES OR OTHER
OBSTRUCTIONS NEAR UTILITY'S AND THE
RIGHT TO INGRESS AND EGRESS FOR
MAINTENANCE AND NEW CONSTRUCTION FOR
ANY FUTURE UPGRADES.
VACATED & RESERVED AS A P.U.E.
FOR UTILITY'S PRESENT BY
APPALACHIAN POWER COMPANY,
COX COMMUNICATIONS, AND
VERIZON VIRGINIA LLC. EASEMENT
FOR W.V.W.A. WATER LINE AND A
ROANOKE COUNTY DRAINAGE
EASEMENT CONTAINING 1.1435 Ac.
AND 25' IN WIDTH.
1-2
553°42'00"W
250.00
2-6
53600"E
25.00
6-7
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25.00'
SCALE: 1 11 = 1 001
EXHIBIT "Al' 0 0
SHOWING
G
PORTION OF RIGHT-OF-WAY - TO BE VACATED
BY O
BOARD OF SUPERVISORS
ROANOKE COUNTY. VIRGINIA
PREPARED BY.' ROANOKE COUNTY
DEPARTMENT OF COMMUN/TYDEVELOPMENT
DATE: 1-4-201 6
Drawing names Ts\Transportation\Projects\Vacations of R-O-W\Tinkerdale Road\Tinkerdale Road.dwg
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
ORDINANCE 022316-6 AMENDING CHAPTER 23. STORMWATER
MANAGEMENT
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 the state -mandated programs is required
to lessen the adverse impacts from stormwater runoff from land disturbing activities and
from previous development through the local erosion and sediment control ordinance,
the Virginia Stormwater Management Program (VSMP), Municipal Separate Storm
Sewer System (MS4) Permit, and Total Maximum Daily Load (TMDL) Program; and
Page 1 of 3
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, staff presented proposed changes to the Board of Supervisors on
September 22, 2015; and
WHEREAS, the Board and public requested staff to review and explore
additional information regarding the proposed changes which results are included
herein;
WHEREAS, the first reading of this ordinance was held on February 9, 2016, and
the second reading and public hearing was held on February 23, 2016.
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 February 23, 2016.
Page 2 of 3
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A C09)Y TESTE:
r
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
David Henderson, County Engineer
Page 3 of 3
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
Stormwater Management Ordinance from Chapter 23 of the
County of Roanoke Code
Table of Contents
Introduction...........................................................................................................
Section 23-1 General Provisions..........................................................................
23-1.1 Title and Authority.............................................................................
23-1.2 Purpose................................................................................................
23-1.3 Applicability.......................................................................................
23-1.4 Compatibility with Other Requirements .............................................
23-1.5 Severability.............................................................................................
23-1.6 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities...............................................................................
23-1.7 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities: Grandfathered Projects and Projects subject
to the Provisions of 9VAC25-870-47B..............................................
23-1.8 Stormwater Management Design Manual .........................................
23-1.9 County Right of Entry ........................................................................
Section23-2 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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
Section 23-7 Post Construction Inspection, Maintenance and Repair
Of Stormwater Management Facilities ............................................
23-7.1 Maintenance Inspections of Stormwater Management Facilities.......
23-7.2 Records of Inspection, Maintenance and Repair .................................
Section 23-8 Hearings and Appeals......................................................................
23-8.1 Hearings.................................................................................................
23-8.2 Appeals..............................................................................................
Section 23-9 Enforcement and Penalties............................................................
23-9.1 Violations................................................................................................
23-9.2 Notice to Comply....................................................................................
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 ....................................................
Page 2 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 within Roanoke County and within the Town of (Vinton, CommentedlDMH11:Extending applicabilityof
and adopts the applicable Regulations that specify standards and specifications o,dinaneetoineludetheTownofvinton.
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 II B 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 II 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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 to be equivalent Commented [DMH2]: Change requested by DEQ.
thereto (i) was approved by Roanoke County 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
time.
E. In cases where governmental bonding or public debt financing has been issued
for a project prior to July 1, 2012, such project shall be subject to the technical
requirements of the Part II C technical criteria of the Regulations.
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 (BMPs) 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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
"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 (state waters. commented [DMH3]: change requested by DEQ.
"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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
"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 System 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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
"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)
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
"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
describing methods for complying with the requirements of Section 23-3.5 of this
Ordinance.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is
prepared in accordance with good engineering practices and that identifies potential
sources of pollutants that may reasonably be expected to affect the quality of
stormwater discharges from the construction site, and otherwise meets the
requirements of this Ordinance. In addition, the document shall identify and require the
implementation of control measures, and shall include, but not be limited to, the inclusion
of, or the incorporation by reference of, an approved erosion and sediment control plan,
an approved stormwater management plan, and a pollution prevention plan.
"Subdivision" means the division of a parcel of land into two (2) or more parcels of any
size by the establishment of new 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 the program
approved by the State Board after September 13, 2011, that has been established by
Roanoke County to manage the quality and quantity of runoff resulting from land -
disturbing activities and shall include such items as County ordinances, rules, permit
Page 13 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 for Roanoke County, including 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.
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 landowner 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.
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.
Page 14 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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. Description of any additional control measures necessary to
address a TMDL.
Page 15 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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
3. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
C. The pollution prevention plan shall include effective best management practices
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 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 sale. Individual lots in new residential,
commercial, or industrial developments, including those developed by
subsequent owners, shall not be considered to be separate land -disturbing
�activitieS�. Commented [DMH4]: Revisions requested by DEQ.
D. A stormwater management plan that is approved for a residential, commercial, or
industrial subdivision shall govern the development of the individual parcels,
including those parcels developed under subsequent owners
E. The stormwater management plan must consider all sources of surface runoff
and all sources of subsurface and groundwater flows converted to surface runoff.
F. If an operator intends to meet the water quality and/or quantity requirements set
forth in 9VAC25-870-63 or 9VAC25-870-66 through the use of off-site
compliance options, where applicable, then a letter of availability from the off-site
provider must be included. Approved off-site options must achieve the necessary
nutrient reductions prior to the commencement of the applicant's land -disturbing
activity except as otherwise allowed by §62.1-44.15:35 of the Code of Virginia.
G. Elements of the stormwater management plans that include activities regulated
under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be
appropriately sealed and signed by a professional registered in the
Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4
of Title 54.1 of the Code of Virginia.
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
Page 17 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
record drawing shall be appropriately sealed and signed by a professional
registered in the Commonwealth, certifying that the stormwater management
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.
H. 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 allowed by Roanoke County, the information provided
and documented during the review process that addresses the current and
final site conditions., Commented [DMHSI: Revisions requested 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 of the (regulations. Commented [DMH6]: Revision requested by DEQ
A map or maps of the site that depicts the topography of the site and
includes:
(i) All contributing drainage areas;
Page 18 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
(ii) Existing streams, ponds, culverts, ditches, wetlands, other water
bodies, and floodplains;
(iii) Soil types, geologic formations if karst features are present in the
area, forest cover, and other vegetative areas;
(iv) Current land use, including existing structures, roads, and locations
of known utilities and easements;
(v) Sufficient information (such as grades, structures and pavements,
and other appropriate information) 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.
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,
Page 19 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
multiplied by the total estimated project costs. The reasonable proportion of
project costs shall be solely determined by the County. Project costs include, but
are not limited to, the costs of land, professional services for investigations,
studies, design, environmental permitting, surveying, construction phase
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.
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
Page 20 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
entity to be permanently responsible for maintenance.
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 21 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
2. Requirements for Posting Maintenance Security.
i. The County shall require a maintenance guaranty in the amount of
twenty (20%) percent of the construction costs of the stormwater
management facility.
ii. The maintenance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain appropriate actions which may
be required of the permittee in accordance with the approved
stormwater management plan.
iii. If the County takes such action upon such failure by the permittee,
the County may collect from the permittee the difference should the
amount of the reasonable cost of such action exceed the amount of
the security held.
iv. The maintenance agreement and security will be the responsibility
of the permittee or owner until such time as the permittee or owner
provides the County with the necessary requirements for Transfer
of Maintenance Responsibilities to the Home Owners Association
as outlined above in (1).
At the discretion of the Administrator, a formal maintenance agreement and
access easement agreement may 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
Administrator.
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.
Section 23-3.8 PERFORMANCE SECURITIES
A. The County may, at its discretion, require the submittal of a performance security
or bond with surety, cash escrow, letter of credit, or other acceptable legal
arrangement, all of which shall be in a form approved by the County, prior to plan
approval, in order to ensure that the stormwater practices are installed by the
permittee, as required by the approved stormwater management plan.
Commented [DMH7]: Required to address use of
agreements in lieu of SWM Plans for single family
residential construction.
B. The amount of the performance security shall be the total estimated Commented [DMH8]: Revised to match bond
contingency amount in ESC Ordinance.
Page 22 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
construction cost of the storm drainage systems and stormwater management
facilities approved under the permit, plus 10% contingency.
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
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
Page 23 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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.
Persons whose coverage under the general permit has been revoked shall apply
to the Virginia Department of Environmental Quality for an Individual Permit
for Discharges of Stormwater from Construction Activities.
G. 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.
H. All incomplete payments will be deemed as nonpayments, and the applicant shall
be notified of any incomplete payments. Interest may be charged for late
payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia
and is calculated on a monthly basis at the applicable periodic rate. A 10% late
payment fee shall be charged to any delinquent (over 90 days past due) account.
The County shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount.
I. In addition to the fees contained on the fee schedule established, revised and
Page 24 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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.
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
Page 25 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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 Department I of Environmental Quality._cotr,-,,ted [DMH9]: correction per DEQ request.
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.
SECTION 23-5
PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGE WAYS
A. Drainage ways consist of natural watercourses, storm sewers, gutters, manmade
Page 26 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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
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.
Page 27 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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;
3. Variations from the approved construction specifications;
4. Corrective actions that have been taken to correct previous violations;
5. Any violations that exist; and.
6. The name and signature of the person who performed the inspection.
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 facilities and storm drainage systems 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 Ilocatedl. mented tDMH10]: Coordinated with special
[regmrements for individual residential lot conditions.
B. Receipt of record drawings and supporting documentation, final inspection and
approval by the County, execution and recordation of maintenance agreement,
and permit termination is required before the final release of performance
securities.
C. If it is determined from the record drawings, or inspections, that the storm
drainage systems and the stormwater management facilities have not been
Page 28 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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.
D. A supplemental digital file of the record drawings shall be submitted to the
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. FC-,--,,t.,,d [DMH111: we need this information to aid
ff effincy with maintaining GIS system.
SECTION 23-7
POST CONSTRUCTION INSPECTION, MAINTENANCE AND REPAIR OF
STORMWATER MANAGEMENT FACILITES
Section 23-7.1 MAINTENANCE INSPECTIONS OF STORMWATER MANAGEMENT
FACILITIES
A. Following the completion and acceptance of construction, the property owner is
responsible for the maintenance and repair of stormwater structures and
stormwater management facilities. The property owner shall ensure that proper
maintenance and repair of stormwater structures and stormwater management
facilities occur and that periodic inspection, maintenance, and repair are
performed so that the structures and facilities operate properly. All inspection,
maintenance, and repair activities, performed by the property owner shall be
documented. Documentation shall be submitted to the County, if requested.
B. Stormwater structures and stormwater management facilities that have recorded
stormwater facility maintenance agreements shall be operated, inspected,
maintained and repaired, by the property owner, in conformance with the
applicable performance requirements contained in the approved stormwater
facility maintenance agreement.
C. ISormwater structures and stormwater management facilities were re uired as a Commented [DMH12]:Added language tomake clear
condition for parcel development. Therefore, they shall be operated, that SWM facilities without agreements still require
inspected, maintained and repaired, by the property owner, as necessary for maintenance under this ordinance.
proper operation of the structures and facilities even if there is no recorded
stormwater facility maintenance agreement. 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 and maintained or repaired as needed, by the property owner,
after significant rainfall events that cause localized flooding, and at least
annually.
Page 29 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
2. All structures and slopes shall be kept in a safe condition. Stormwater sheet
flow shall not be converted to concentrated flow by extending downspouts or
other drains toward streets or property lines. Rain gardens, pervious
pavement, and other stormwater management facilities shall not be removed or
rendered inoperable.
3. Stormwater management facilities and stormwater conveyance systems 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.
9. Manufactured stormwater management facilities shall be maintained as
recommended by the manufacturer.
10.Additional maintenance activities shall be performed, as needed, to maintain
proper operation.
D. In addition to the inspections performed by the property owner, the County will
periodically inspect stormwater management facilities. In the event that the
stormwater management facility has not been maintained and/or becomes a
danger to public safety, public health, or the environment, the County shall notify
the property owner by registered or certified mail. The notice shall specify the
measures needed to comply and shall specify the time within which such
measures shall be completed. If the responsible party fails or refuses to correct
the violation, the County, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary work to
place the facility in proper working condition, and recover the costs from the
property owner.
E. If stormwater management facility inspection requires entry into a confined
Page 30 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
space, or special equipment or training, then the County may hire licensed
professionals to perform the inspection, or it may require the property owner to
hire a licensed professional to perform the inspection. The cost for any licensed
professionals to perform the required inspection shall be paid by or recovered
from the owner.
F. The County will conduct post -construction inspections of stormwater
management facilities pursuant to the County's developed, and State Board's
approved inspection program and will inspect each stormwater management
facility at least once every five (5) years; except that periodic post -construction
inspection, by the County, is not required where a formal maintenance
agreement and access easement agreement is not required by the Administrator
for stormwater management facilities designed to treat stormwater runoff
primarily from an individual single-family residential lot on which they are Ilocated. �mdwidual
H131: coordinated special requirement
e 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;
provided, that a petition requesting such hearing is filed with the Administrator
within 30 days after notice of such action is given by the Administrator.
B. The hearing shall be heard by the County Administrator, or his/her designee.
C. The hearing shall be held provided that the County Administrator and the
aggrieved party has at least thirty (30) days prior notice.
D. 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.
E. 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
Page 31 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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.
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, may be subject to the
enforcement actions outlined in this section and the Virginia Stormwater Management
Act.
Section 23-9.2 NOTICE TO COMPLY Commented [DMH14]: Revised term nology to better
coordinate with E&SC Ordinance
A. If the Administrator determines that there is a failure to comply with the VSMP
authority permit conditions, notice shall be served upon the permittee or person
responsible for carrying out the permit conditions by any of the following: verbal
warnings and inspection reports, notices of corrective action, consent special
orders, and notices to comply.
B. Written notices shall be served by registered or certified mail to the address
specified in the permit application or by delivery at the site of the development
activities to the agent or employee supervising such activities.
C. If there is no permittee, the notices shall be issued to the property owner.
D. The Notice to Comply shall contain:
The name and address of the permittee, or if there is no permittee, the
property owner;
Page 32 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
The address when available or a description of the building, structure, or
land upon which the violation is occurring;
A statement specifying the nature of the violation;
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.
E. 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.
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. Such Stop
Work Orders shall become effective upon service on the person by certified mail,
return receipt requested, sent to the address specified in the land records of the
locality, or by personal delivery by an agent of the Administrator.
B. However, if the Administrator finds that any such violation presents an imminent
and substantial danger of causing harmful stormwater runoff impacts to its MS4
system or waters within the watersheds of the Commonwealth, it may issue,
without advance notice or hearing, an emergency order directing such person to
cease immediately all land -disturbing activities on the site and shall provide an
opportunity for a hearing, after reasonable notice as to the time and place
thereof, to such person, to affirm, modify, amend, or cancel such emergency
order. If a person who has been issued an order is not complying with the terms
thereof, the Administrator may request the County Attorney to institute a
proceeding for an injunction, mandamus, or other appropriate remedy.
C. This "Stop Work Order" shall be in effect until the County confirms that the
land- disturbing activity is in compliance with the requirements of this
Ordinance and the violation has been satisfactorily addressed. Upon failure to
comply within the time specified, the permit may be revoked and the applicant
shall be deemed to be in violation of this article and upon conviction shall be
subject to the penalties provided by this Ordinance.
Section 23-9.4 CIVIL AND CRIMINAL PENALTIES
A. Any person violating or failing, neglecting, or refusing to obey any rule,
Page 33 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
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; and
11. Discharges not in compliance with the requirements of Section 9VAC25-
880-70 of the general permit.
D. The Administrator may issue a summons for collection of the civil penalty and the
action may be prosecuted in the appropriate court.
E. In imposing a civil penalty pursuant to this Subsection, the court may consider
the degree of harm caused by the violation and also the economic benefit to the
violator from noncompliance.
F. Any civil penalties assessed by a court as a result of a summons issued by the
County shall be paid into the County treasury to be used for the purpose of
minimizing, preventing, managing, or mitigating pollution of the waters of the
County and abating environmental pollution therein in such manner as the court
Page 34 of 36
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
may, by order, direct.
G. With the consent of any person who has violated or failed, neglected or
refused to obey this Ordinance or any condition of a permit, the County may
provide, in an order issued by the Administrator against such person,
for the payment of civil charges for violations in specific sums, as indicated in
the following schedule:
1. Commencement of land disturbing activity without receiving coverage under
the General Permit from the Department shall be one thousand dollars
($1,000.00) per day.
2. Commencement of land disturbing activity without preparation of a SWPPP
shall be five hundred dollars ($500.00) 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 three hundred dollars ($300.00) per day;
4. State permit registration statement not posted, or SWPPP not available for
review shall be three hundred dollars ($300.00) per day.
5. Failure to comply with SWPPP requirements shall be three hundred dollars
($300.00) per day;
6. Failure to conduct and document required inspections shall be three hundred
dollars ($300.00) per day.
7. Incomplete, improper, or missed inspections, including lack of proper
signature shall be three hundred dollars ($300.00) per day.
8. Discharges not in compliance with the requirements of Section 9VAC25-
880-70 of the general permit shall be three hundred dollars ($300.00) per
day.
9. Failure to obey a stop work order shall be one thousand dollars ($1,000.00)
per day.
10. Failure to stop work when a permit is revoked shall be one thousand dollars
($1,000.00) 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.
I. Any civil charge shall be paid into the County treasury to be used for the purpose
Page 35 of 36
Commented [DMH15]: Change provided to allow
assessment of civil charges. Amounts coordinate with those
in E&SC Ordinance.
REVISED FEBRUARY 12, 2016; APPROVED FEBRUARY 23, 2016
of minimizing, preventing, managing, or mitigating pollution of the waters of the
County and abating environmental pollution.
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 Administrato Commented [DMH161: Added language to make sure that
until corrections have been made in accordance with the approved plans, notices of t Was cleat that rh s Was discretionary.
violation, stop work order, or permit requirements, and accepted by the County.
—END—
Page 36 of 36
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
ORDINANCE 022316-7 AMENDING CHAPTER 8.1. — EROSION AND
SEDIMENT CONTROL OF THE ROANOKE COUNTY CODE
WHEREAS, Chapter 8.1. — Erosion and Sediment Control of the Roanoke
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, DEQ has identified various County streams as being impaired due to
excessive sediment, has assigned Roanoke County a waste load allocation for
sediment based on regional Total Maximum Daily Load studies, and requires Roanoke
County in its Municipal Separate Storm Sewer System permit to provide additional
stormwater controls; and
Page 1 of 21
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 February 9, 2016 and
the second reading and public hearing was held on February 23, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. 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 by establishing requirements for the control of soil
erosion, sediment deposition and non-agricultural runoff 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 62.1, Chapter 3.1, Article
2.4, 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.
Page 2 of 21
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 that must be implemented in the
construction of a single-family residence; this contract may be executed by the plan -
approving authority in lieu of a formal site plan. Agreement in lieu of a plan also means
a contract between the plan -approving authority and the owner that specifies
conservation measures that must be implemented in the construction of any land
disturbing activity, other than a single-family residence, that disturbs between two
thousand five hundred (2,500) square feet and nine thousand nine hundred and ninety
nine (9,999) square feet; this contract may be executed by the plan -approving authority
in lieu of a formal site plan.
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 Virginia State Water Control Board.
Certified inspector means an employee or agent of a VESCP authority who (i) holds
a certificate of competence from the Board 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 VESCP authority who (i)
Holds a certificate of competence from the Board in the area of plan review, (ii) is
enrolled in the Board's training program for plan review and successfully completes
such program within one year after enrollment, or (iii) is licensed as a professional
engineer, architect, certified landscape architect or land surveyor pursuant to Article 1
(Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1 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 VESCP authority
who (i) holds a certificate of competence from the Board 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.
County means the County of Roanoke.
Department means the Department of Environmental Quality.
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
Page 3 of 21
business or industrial purpose or is to contain three (3) or more residential dwelling
units.
Director means the Director of the Department of Environmental Quality.
District or Soil and Water Conservation District refers to the Blue Ridge Soil and
Water Conservation District.
Erosion and Sediment Control Plan or Plan means a document containing material
for the conservation of soil and water resources of a unit or group of units of land. It may
include appropriate maps, an appropriate soil and water plan inventory, and
management information with needed interpretations and a record of decisions
contributing to conservation treatment. The plan shall contain all major conservation
decisions and all information deemed necessary by 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 by 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;
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
Page 4 of 21
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 change 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 Commonwealth, 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 surface or deep mining operations and projects, or oil and gas
operations and projects conducted pursuant to Title 45.1 of the Code of
Virginia;
(6) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or
livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs
is reforested artificially or naturally in accordance with the provisions of Chapter
11 (Sec. 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted
to bona fide agricultural or improved pasture use as described in Subsection B
of Sec. 10.1-1163;
(7) Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
(8) 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 (Va. Code § 10.1-604 et seq.)
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ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing,
land drainage, and land irrigation;
(9) Disturbed land areas of less than two thousand five hundred (2,500) square feet
in size; except as herein described for residential development in Section 8.1-
6(e).
(10)Installation of fence and sign posts or telephone and electric poles and other
kinds of posts or poles;
(11)Emergency work to protect life, limb or property, and emergency repairs;
however, 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 this Ordinance.
Land -disturbing Permit or approval means a permit or other form of approval issued
by the County for the clearing, filling, excavating, grading, transporting of land or for any
combination thereof or for any other land disturbing activity set forth herein.
Natural channel design concepts 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 larger 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 given storm
condition at a particular location.
Permittee means the person to whom the land -disturbing approval 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.
Responsible Land Disturber or RLD means an individual 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
Page 6 of 21
member. The RLD must be designated on the ESC plan or permit as a prerequisite for
engaging in land disturbance.
Runoff volume means the volume of water that runs off the land development
project 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.
State permit means an approval to conduct a land -disturbing activity issued by 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 Commonwealth 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 plan -approving authority means the Director of Community Development or
his assignee, which is responsible for determining the adequacy of a plan submitted for
land -disturbing activities on a unit or units of lands and for approving plans.
VESCP authority or program authority means Roanoke County which has adopted
a soil erosion and sediment control program that has been approved by the Board.
Water Quality Volume means the volume equal to the first one-half inch of runoff
multiplied by the impervious surface of the land development project.
Page 7 of 21
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 Virginia, the County hereby
establishes a VESCP program and adopts the regulations promulgated by the
Board; with the exception that the requirements contained in 9VAC25-840-40.19 do
not apply to the regulated land -disturbing activities that meet the requirements of
8.1-7 of this Ordinance; (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, and those more stringent local 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, any plan approved prior
to July 1, 2014 that provides for stormwater management that addresses any flow
rate capacity and velocity requirements for natural or man-made channels shall
satisfy the flow rate capacity and velocity requirements for natural or man-made
channels if the practices are designed to (i) detain the water quality volume and to
release it over 48 hours; (ii) detain and release over a 24-hour period the expected
rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable
peak flow rate resulting from the 1.5, 2, and 10 -year, 24-hour storms to a level that
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
(c) For plans 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 § 62.1-44.15:28 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.
Page 8 of 21
(d) The County hereby designates the Director of Community Development or his
assignee as the plan -approving authority.
(e) The program and regulations provided for in this chapter shall be made available for
public inspection at the office of the Department of Community Development.
(f) Pursuant to Sec. 62.1-44.15:53 of the Code of Virginia, an erosion and sediment
control plan shall not be approved until it is reviewed by a certified plan reviewer.
Inspections of land -disturbing activities shall be conducted by a certified inspector.
The erosion control program of the County 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 Department of Community Development an
erosion and sediment control plan for the land -disturbing activity and such plan has
been approved by the VESCP 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
applicant, may be submitted to the Department for review and approval rather than
to each jurisdiction concerned. The Department may charge the applicant a fee
sufficient to cover the cost associated with conducting the review.
(b) 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 less than five thousand (5,000) square feet of disturbed
area, an "agreement in lieu of a plan" shall be accompanied by a plot plan that
meets the County Building Permit Plot Plan requirements.
(2) Where the land -disturbing activity, from the construction of a single-family
residence, results in five thousand (5,000) square feet or more of disturbed
area, an "agreement in lieu of a plan" shall be accompanied by a plot plan that
meets the County Building Permit Plot Plan requirements, prepared by a
responsible land disturber, Virginia Professional Engineer, Land Surveyor,
Landscape Architect, Architect, or Professional Soil Scientist. A responsible
land disturber must also be provided and identified.
Page 9 of 21
(3) The County may require additional information, or may decline to execute an
agreement in lieu of a plan and may require an erosion and sediment control
plan in instances where, in the County's opinion, it is necessary to properly
protect downstream properties or the environment.
(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 -disturbing activity of less than two thousand five hundred (2,500) square 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 greater than two thousand five hundred (2,500) square
feet.
(f) 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 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 VESCP plan -approving authority, in considering the
adequacy of a submitted plan, shall be guided by the same standards, regulations
and guidelines.
(g) 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 carrying 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
Page 10 of 21
carrying 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.
(h) When the plan is determined to be inadequate, written notice of disapproval stating
the specific reasons for disapproval shall be communicated to the applicant within
forty-five (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.
(i) The VESCP authority shall act on any erosion and sediment control plan that has
been previously disapproved within 45 days after the plan has been revised,
resubmitted for approval, and deemed adequate.
(j) The VESCP authority may require changes to an approved plan 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.
(k) 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 may 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 by the plan -approving authority shall
be documented in the plan.
(2) During construction, the person responsible for implementing the
approved plan may 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 authority
does not approve a variance within 10 days of receipt of the request, the
Page 11 of 21
request shall be considered to be disapproved. Following disapproval, the
applicant may resubmit a variance request with additional documentation.
(3) The VESCP authority shall consider variance requests judiciously,
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 County may require the property owner of
land identified by the County as an erosion impact area to immediately take actions
to minimize the delivery of sediment onto neighboring properties or into state
waters, and to prepare and submit to the County an Erosion and Sediment Control
Plan that details how the erosion impact area will be permanently stabilized. Failure
by the property owner to comply with County directions to immediately take actions
to minimize the delivery of sediment onto neighboring properties or into state
waters; or failure to submit an Erosion and Sediment Control Plan within a
reasonable time period set by the County; or failure to implement the Erosion and
Sediment Control Plan after approval by the County within a reasonable time period
set by the County shall be a violation of this ordinance. Such violation shall be
subject to all of the penalties and other legal actions contained in Section 8.1-10.
(m) 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 property
owner.
(n) 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 Virginia Marine Resources
Commission, or the U.S. Army Corps of Engineers, may, at the option of that
person, file general erosion and sediment control specifications for wetland
mitigation or stream restoration banks annually with the Board for review and
approval consistent with guidelines established by the Board. Approval of general
erosion and sediment control specifications does not relieve the owner or operator
from compliance with any other local ordinances and regulations including
requirements to submit plans and obtain permits as may be required by such
ordinances and regulations.
(o) State agency projects are exempt from the provisions of this chapter, except as
provided for in the Code of Virginia, Sec. 62.1-44.15:56.
Page 12 of 21
(p) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to
the International Building Code, Chapter 18, as amended, for foundation clearances
from slopes.
(q) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal -vertical), unless a
geotechnical report is provided for the proposed slopes.
(r) 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) or
greater than or equal to twenty-five (25) vertical feet in height with a slope greater
than 3:1 (horizontal -vertical), as -built plans showing that the finished geometry,
based on a field survey performed by a licensed surveyor, is in substantial
conformity with the design shall be provided to the plan -approving authority.
(t) 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.
(u) Development plans for all new subdivisions shall show proposed lot grades to
ensure positive drainage.
Sec. 8.1-7. — Special provisions for land -disturbing activities that disturb less than ten
thousand (10,000) square feet
(a) This section applies to all land -disturbing activities that disturb less than ten
thousand (10,000) square feet, except that these special provisions shall not apply
to any land -disturbing activity of less than ten thousand (10,000) square feet on
individual lots in a residential development, if the total land -disturbing activity in the
development is equal to or greater than ten thousand (10,000) square feet.
(b) Land -disturbing activities shall meet all of the requirements of this ordinance, except
for the following:
(1) The technical provisions contained in 9VAC25-840-40.19 shall not apply to land
disturbing activities that meet the requirements of this section. These include:
(a) The adequacy of downstream channels and pipes are not required to be
analyzed and verified.
(b) No stormwater management measures to address any flow rate capacity
or velocity requirements for downstream natural or man-made channels
shall be required.
Page 13 of 21
(2) 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. All of the requirements of Section 8.1-6(b) shall apply. This
provision expands the use of an agreement in lieu of, beyond a single-family
residence, to all land -disturbing activities that disturb less than ten thousand
(10,000) square feet.
(c) Nothing in this section shall be construed to negate any requirements of the
Stormwater Management Ordinance of the County of Roanoke, where applicable.
Sec. 8.1-8. - Permits; fees; surety; 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
surety.
(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
(e) 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.
(f) Surety. All applicants for permits shall provide to the County a performance bond,
cash escrow, or an irrevocable letter of credit acceptable to the Director of
Community Development or his assignee, to ensure that measures could be taken
Page 14 of 21
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 the County's administrative costs and inflation. The contingency
shall be 10% of the total estimated cost to initiate and maintain the appropriate
conservation action. Should it be necessary for the County to take such
conservation action, the County may collect from the applicant any costs in excess
of the amount of the surety held.
(g) Within 60 days of adequate stabilization and completion of all other site
requirements, as determined by the Director of Community Development or his
assignee, such bond, cash escrow or letter of credit, or the unexpended or
unobligated portion thereof shall be either refunded to the applicant or terminated.
(h) 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. 8.1-9. - 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 carrying out the land -disturbing activity and provide for periodic
inspections of the land -disturbing activity. The County may require the person
responsible for carrying out the plan to monitor the land -disturbing activity. The
person responsible for carrying out the plan will maintain records of these
inspections and maintenance, to ensure compliance with the approved plan and to
determine whether the measures required in the plan are effective in controlling
erosion and sedimentation.
(b) The Department of Community Development shall periodically inspect the land -
disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and
Sediment Control Regulations 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 Director of Community
Development, or his assignee, determines that there is a failure to comply with the
plan or if the plan is determined to be inadequate, notice shall be served upon the
permittee or person responsible for carrying out the plan 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.
Page 15 of 21
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 a Stop Work Order requiring that all or part of the land -disturbing activities
permitted on the site be stopped until the specified corrective measures have been
taken.
If land -disturbing activities have commenced without an approved plan or proper
permits, the Director of Community Development or his assignee may, in
conjunction with or subsequent to a Notice to Comply as specified in this chapter,
issue a Stop Work 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 charges or penalties as outlined in section 8.1-10
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 Commonwealth, or where the land -disturbing activities have commenced
without an approved plan or any required permits, such a Stop Work Order may be
issued without regard to whether the permittee has been issued a Notice to Comply
as specified in this chapter. Otherwise, such a Stop Work Order may be issued only
after the permittee has failed to comply with such a Notice to Comply.
The Stop Work 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 County or permit holder for appropriate relief to the
Circuit Court. The County shall serve such Stop Work Order for disturbance without
an approved plan or permits upon the owner by mailing with confirmation of delivery
to the address specified in the land records. Said Stop Work 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 Stop Work Order, the Director
of Community Development or his assignee may issue a Stop Work 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
Page 16 of 21
certified mail to the address specified in the permit application or the land records of
the County.
The owner may appeal the issuance of a Stop Work Order to the Circuit Court of the
County. Any person violating or failing, neglecting or refusing to obey a Stop Work
Order issued by the Director of Community Development or his assignee may be
compelled in a proceeding instituted in the Circuit Court of the County 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 Stop Work Order shall immediately be lifted. Nothing in
this section shall prevent the Director of Community Development or his assignee
from taking any other action authorized by this chapter.
Sec. 8.1-10. - Penalties, injunctions, and other legal actions.
(a) Violators of this chapter shall be guilty of a Class 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 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 4, 6, 7, 8, 9, 10, 11, 15,
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 shall be 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
Page 17 of 21
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 Director of Community Development or his assignee, or the owner of property
which has sustained damage or which is in imminent danger of being damaged,
may apply to the Circuit Court of the County to enjoin a violation or a threatened
violation of Va. Code §§ 62.1-44.15:55, 62.1-44.15:56, without the necessity of
showing that an adequate remedy at law does not exist.
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 County in a civil action for
damages.
(e) Civil penalty enumerated. Without limiting the remedies which may be obtained in
this section, any person violating or failing, neglecting, or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to this section shall be
subject, in the discretion of the Court, to a civil penalty not to exceed two thousand
dollars ($2,000.00) for each violation. A civil action for such violation or failure may
be brought by the County. Any civil penalties assessed by a Court shall be paid into
the Treasury of the County, except that where the violator is the locality itself, or its
agent, the Court shall direct the penalty to be paid into the state treasury.
(f) With the consent of any person who has violated or failed, neglected or refused to
obey any regulation or condition of a permit or any provision of this chapter, the
County may provide for the payment of civil charges for violations in specific sums,
not to exceed the limit specified in subsection (b)(2) of this section. Such civil
charges shall be instead of any appropriate civil penalty which could be imposed
under subsection (b) or (e).
(g) The County's Attorney shall, upon request of the County take 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
Page 18 of 21
sedimentation that all requirements of law have been met, and the complaining
party must show negligence in order to recover any damages.
Sec. 8.1-11. — Hearings and Appeals
(a) Hearings
(1) 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. 8.1-10, shall have the right to request, in writing, a
hearing to the County Administrator or his/her designee provided a petition
requesting such hearing is filed with the Administrator within 30 days after notice
of such action is given by the Administrator.
(2) The hearing shall be held provided that the County Administrator and the
aggrieved party has at least thirty (30) days prior notice.
(3) 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.
(4) 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.
(5) 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.
(b) 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
Page 19 of 21
rights, duties, or privileges of any permit applicant, permittee, or person subject to
any enforcement action under this Ordinance.
Sec. 8-1.12. - Civil violations, summons, generally.
(a) The Director of Community Development, or his assignee, shall prepare an
appropriate erosion and sediment control civil violation summons for use in
enforcing the provisions of this chapter.
(b) Any person 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 County 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 County Sheriff's 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 County.
(6) The right of the recipient of the summons to elect to stand trial for the infraction
and the date of such trial.
(c) The summons shall provide that any person summoned for a violation may, within
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 County Treasurer's office and, by such
appearance, may enter a waiver of trial, admit liability, and pay the civil penalty
established for the violation charged and provide that a signature to an admission of
liability shall have the same force and effect as a judgment in court; however, an
admission shall not be deemed a criminal conviction for any purpose.
(d) If a person charged with a violation does not elect to enter a waiver of trial and
admit liability, the County shall cause the Sheriff of the County to serve the
summons on the person charged in the manner prescribed by law. The violation
shall be tried in General District Court in the same manner and with the same right
of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a
scheduled violation authorized by this section, it shall be the burden of the County
to show the liability of the violator by the preponderance of the evidence. Any
Page 20 of 21
admission of liability, or finding of liability shall not be a criminal conviction for any
purpose.
(e) The remedies provided for in this section are cumulative, and are not exclusive and,
except as provided above, shall be in addition to any other remedies by law.
(f) The owner or permittee may pay the civil penalty to the Treasurer prior to the trial
date, provided he also pays necessary court costs in addition to the civil penalty.
(g) Within the time period prescribed in (c), above, the owner or permittee, may contest
the violation by presenting it to the Director of Community Development, who shall
certify the contest in writing, on an appropriate form, to the General District Court.
(h) Failure to pay the civil penalty, or to contest the violation, within the time period
prescribed in (c), above, shall result in the immediate issuance of a Stop Work
Order and the revocation of the permit, if any.
2. That this ordinance shall be in full force and effect from and after its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A DOPY TESTS:
Deborah C. Jacks I/
Chief Deputy ClerkYo the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
David Henderson, County Engineer
Page 21 of 21
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION 022316-8.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO STEVEN D.
WHITE, SENIOR APPRAISER, UPON HIS RETIREMENT AFTER MORE
THAN THIRTY-ONE (31) YEARS OF SERVICE
WHEREAS, Steven D. White was employed by Roanoke County on May 30, 1984;
and has served in the positions of Appraiser and Senior Appraiser in the Real Estate
Valuation Department during his tenure with Roanoke County; and
WHEREAS, Mr. White retired on January 1, 2016, after thirty-one (31) years and
seven (7) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. White, throughout his employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, during Mr. White's time serving the citizens of Roanoke County, Mr.
White retired as a Senior Appraiser with the Real Estate Valuation Office. It is extremely
rare in our society today, that you see an employee dedicate his professional life to one
workplace for this period of time. Steve spent his first years in the appraisal industry
working for Wingate Appraisal Company, working on General Reassessments throughout
the State of Virginia. His knowledge and professionalism within the appraisal field has
included Steve earning his Certified Residential License, taking and passing numerous
IAAO and VAAO classes, a member of the VAAO since 1984, and spending many hours
mentoring new appraisers to our office, for Roanoke County. Steve was the first hire when
Roanoke County first started conducting General Reassessment with county staff. Steve
deserves much credit for his involvement with the many general reassessments and also
Page 1 of 2
his work with the Commercial, Industrial, and Multi -Family appraisals he has completed for
many years for Roanoke County. May your retirement be as great as the time we had with
you in this office.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to STEVEN D. WHITE for more than thirty-one (31) years of capable, loyal and
dedicated service to Roanoke County, and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
Deborah C. Jacks' ( /
Chief Deputy Clerk helhe Board of Supervisors
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
and
RESOLUTION 022316-8.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CHARLOTTE
POFF, SOCIAL SERVICES AIDE, UPON HER RETIREMENT AFTER
MORE THAN THIRTY-FIVE (35) YEARS OF SERVICE
WHEREAS, Charlotte Poff was employed by Roanoke County on August 1, 1980;
WHEREAS, Ms. Poff retired on January 1, 2016, after thirty-five (35)years and five
(5) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Poff, throughout her employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, Ms. Poff issued food stamps for the citizens of Roanoke County for
over 20 years; and
WHEREAS, during Ms. Poff's time serving the citizens of Roanoke County, she
assisted almost every team and program in Social Services. Her tasks included creating,
researching and maintaining Agency Case Files; Relative Searches; maintaining records of
children entering and existing Foster Care; assisting with the Vehicle Fleet, Payment
Processing, and administrative support for Custody Records and other program needs.
WHEREAS, Ms. Poff was known for considerable thoroughness and attention to
detail in her work in all program areas. Her work in diverse program areas provided
tangible support for all the professionals she served. Ms. Poff was invested in doing
precise, useful work and it showed.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
Page 1 of 2
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to CHARLOTTE POFF for more than thirty-five (35) years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A ,COPY TESTE:
D€borah C. Jacks'
Chief Deputy Clerk 4/e Board of Supervisors
Page 2 of 2
ACTION NO. A -022316-8.d
ITEM NO. J-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
February 23, 2016
Confirmation of appointments to the Audit Committee; Western
Virginia Regional Industrial Facility Authority
Deborah C. Jacks
Chief Deputy Clerk to the Board
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Audit Committee:
During closed session on February 9, 2016, the Board of Supervisors recommended the
appointment of Joseph P. McNamara and P. Jason Peters to this committee. This is a
one-year term and will expire on December 31, 2016.
Confirmation of these appointments has been placed on the Consent Agenda for approval.
Western Virginia Regional Industrial Facility Authority:
Staff recommends the reappointment of Jill Loope, Director of Economic Development and
Richard L. Caywood, Assistant County Administrator to an additional two-year term to
expire on February 4, 2018.
Confirmation of these appointments has been placed on the Consent Agenda for approval.
Page 1 of 2
VOTE:
Supervisor Peters moved to approve the confirmation of appointments; Supervisor
McNamara seconded the motion. Motion approved.
cc: Tanya Catron, Internal Auditor
Beth Doughty, Administrator, WVRIFA
Page 2 of 2
Yes
No
Absent
Mr. Assaid
®
❑
❑
Mr. Bedrosian
®
❑
❑
Ms. Hooker
®
❑
❑
Mr. McNamara
®
❑
❑
Mr. Peters
®
❑
❑
cc: Tanya Catron, Internal Auditor
Beth Doughty, Administrator, WVRIFA
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION 022316-8.e REQUESTING ACCEPTANCE OF
ARCHCREST DRIVE AND NOVER AVENUE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form AM -4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.2-705, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
Page 1 of 2
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A COPY TESTE:
De -Borah C. Jacks '
Chief Deputy Clerk to th oard of Supervisors
cc: Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Page 2 of 2
In County of Roanoke
-------------------------------------------the-----------------------------------------------------------------
By resolution of the governing body adopted February 23, 2016
The following VDOT Form AM -4.3 is hereby attached and incorpoa d as part of the governing body's resolution for
changes in the secondary system of state highways. 7 _ /'
A Copy Testee Signed (County
Report of Changes in the Secondary System of
PromecVSubdivision Suncrest
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
Archcrest Drive, State Route Number 2015
Old Route Number: 0
--------------------------------------------
0 From: Int. Rt 117, Peters Creek Road
To: Int. Rt. 1839, Nover Ave, a distance of: 0.07 miles.
Recordation Reference: Instr #: 2012-00513
Right of Way width (feet) = 0
Street Name and/or Route Number
Nover Ave, State Route Number 1839
Old Route Number: 0
--—————————————————————————————————————————–
• From: 0.11 W Int. Rt. 1841 & Rt. 1839
To: Int. Rt. 1839 & 1979, a distance of: 0.06 miles.
Recordation Reference: Instr #: 2012-00513
Right of Way width (feet) = 0
VDOT Form AM4.3 (4/20/2007) Maintenance Division
Date of Resolution: February 23, 2016 Page 1 of I
Exhibit A
NORTH
ROANOKE COUNTY ACCEPTANCE OF ARCHCREST DRIVE AND NOVER
DEPARTMENT OF AVENUE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SCONDARY SYSTEM
COMMUNITY DEVILOPMENT
UP X-;
- - - - - - - - -
- - - -
-
r
77
Goodwill
0
<
0
W
N—
>
cf)
(y-
F -
a_
Alin{ �Qq
LINO 0
PROPOSED ADDITION(S) SHOWN IN BLUE
DESCRIPTION
LENGTH
ROW
WIDTH
As listed in the AM -4.3
Miles
Feet
Feet
1. Archcrest Drive; From: Int. of Rt. 117 (Peters Creek
Rd.), To: Int. of Rt. 1839 (Nover Ave.)
0.07
60
40
2. Nover Avenue; From: 0.11 W Int. of Rt. 1841 & 1839,
To: Int. 1839 & 1979
0.06
50
24
ROANOKE COUNTY ACCEPTANCE OF ARCHCREST DRIVE AND NOVER
DEPARTMENT OF AVENUE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SCONDARY SYSTEM
COMMUNITY DEVILOPMENT
ACTION NO. A -022316-8.f
ITEM NO. J-6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
February 23, 2016
Request to accept and allocate grant funds in the amount of
$15,187.50 from the Commonwealth of Virginia to the Clerk of
the Circuit Court for the Virginia Circuit Court Records
Preservation Program for fiscal year 2015-2016
Steven A. McGraw
Clerk of Circuit Court
Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Circuit Court Office was awarded a grant from the Library of Virginia's Records
Preservation Program. This grant funding will be used to repair six (6) volumes of
Deed/Land Record Books and Will Books.
FISCAL IMPACT:
This is a state grant with one hundred percent (100%) funding from the Commonwealth of
Virginia. No County funds are required. Budget Ordinance #052615-3 appropriated grant
funds for grants that are routine and usual in nature for the 2015-16 fiscal year.
STAFF RECOMMENDATION
Staff recommends accepting and allocating grant funds in the amount of $15,187.50 from
the Commonwealth of Virginia to the Clerk of the Circuit Court for the Virginia Circuit Court
Records Preservation Program for fiscal year 2015-2016.
Page 1 of 2
VOTE:
Supervisor Peters moved to approve the request to accept and allocate grant funds in the
amount of $15,187.50; Supervisor McNamara seconded the motion. Motion approved.
cc: Steven A. McGraw, Clerk of Circuit Court
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
Yes
No
Absent
Mr. Assaid
®
❑
❑
Mr. Bedrosian
®
❑
❑
Ms. Hooker
®
❑
❑
Mr. McNamara
®
❑
❑
Mr. Peters
®
❑
❑
cc: Steven A. McGraw, Clerk of Circuit Court
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
ACTION NO. A -022316-8.a
ITEM NO. J-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 23, 2016
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
$5,000 from Vantage, Human Resources Services, Inc. to
Parks, Recreation and Tourism for the Therapeutic Recreation
Program- "I Can Do It, You Can Do It"
SUBMITTED BY: Doug Blount
Director of Parks, Recreation and Tourism
APPROVED BY: Thomas C. Gates
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Therapeutic Recreation Services of the Roanoke Valley (TRS) is a Roanoke County Parks,
Recreation and Tourism Division that provides specialized and adapted recreation and
leisure services that empower people with disabilities to gain the knowledge and skills
needed for the development of a leisure lifestyle that meets their interests and needs.
Therapeutic Recreation services are funded through grants, fees from the Cities of
Roanoke and Salem and general fund support from Roanoke County.
The I Can Do It, You Can Do It (ICDI) program is part of the President's Council on Fitness,
Sports, & Nutrition, implemented through Vantage, Human Resource Services, Inc. ICDI
"facilitates and encourages opportunities for all Americans, regardless of ability, to lead a
healthy lifestyle that includes regular physical activity and good nutrition". Therapeutic
Recreation Services of the Roanoke Valley (TRS) has been accepted to administer this
program for people throughout the Roanoke Valley. The program will consist of two (2)
waves of six -ten (6 to 10) week programs where people with and without disabilities will
meet weekly to work on physical fitness and nutrition goals. Each wave will consist of at
least one hundred (100) participants, with at least forty (40) people in each wave being a
person with a disability. TRS will track each participant's personal goals and progress
through the program.
Page 1 of 2
FISCAL IMPACT:
One hundred percent (100%) grant funds from Vantage, Human Resources, Inc. No
County funds are required. Ordinance #052615-3 appropriated grant funds for grants that
are routine and usual in nature for the 2015-16 fiscal year.
STAFF RECOMMENDATION:
Staff recommends to accept and allocate grant funds in the amount of $5,000 from
Vantage, Human Resources Services, Inc. to Parks, Recreation and Tourism for the
Therapeutic Recreation Program- "I Can Do It, You Can Do It".
VOTE:
Supervisor Peters moved to approve the request to accept and allocate grant funds in the
amount of $5,000; Supervisor McNamara seconded the motion. Motion approved.
cc: Doug Blount, Director of Parks, Recreation and Tourism
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
Page 2 of 2
Yes
No
Absent
Mr. Assaid
®
❑
❑
Mr. Bedrosian
®
❑
❑
Ms. Hooker
®
❑
❑
Mr. McNamara
®
❑
❑
Mr. Peters
®
❑
❑
cc: Doug Blount, Director of Parks, Recreation and Tourism
Rebecca Owens, Director of Finance
Christopher Bever, Director of Management and Budget
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION 022316-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for February 23,
2016, designated as Item K - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 6
inclusive, as follows:
1. Request to accept and allocate grant funds in the amount of $5,000 from
Vantage, Human Resources Services, Inc. to Parks, Recreation and Tourism
for the Therapeutic Recreation Program- "I Can Do It, You Can Do It"
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Steven D. White, Senior Appraiser (Real Estate
Valuation), upon his retirement after more than thirty-one (31) years of
service
3. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Charlotte Poff, Social Services Aide, upon her retirement
after more than thirty-five (35) years of service
4. Confirmation of appointments to the Audit Committee; Western Virginia
Regional Industrial Facility Authority
5. Resolution requesting acceptance of Archrest Drive and Nover Avenue into
the Virginia Department of Transportation Secondary System
6. Request to accept and allocate grant funds in the amount of $15,187.50 from
the Commonwealth of Virginia to the Clerk of the Circuit Court for the Virginia
Circuit Court Records Preservation Program for fiscal year 2015-2016
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On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Chief Deputy Clerk to the Board of Supervisors
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