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HomeMy WebLinkAbout2/23/2016 - RegularRoanoke County Board of Supervisors February 23, 2016 NOTE: There will not be a 7:00 p.m. evening session as no public hearings are scheduled. INVOCATION: Pastor Gregg S. Irby Temple Baptist Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda February 23, 2016 Good afternoon and welcome to our meeting for February 23, 2016. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing to update the Board of Supervisors on the branding of the Roanoke Valley region (Landon Howard, President, Roanoke Valley Convention & Visitors Bureau) E. NEW BUSINESS 1. Resolution 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 (P. Jason Peters, Chairman of the Page 2 of 5 Board of Supervisors; Landon Howard, President, Roanoke Valley Convention & Visitors Bureau) 2. Resolution 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 (Tarek Moneir, Deputy Director of Development) F. FIRST READING OF ORDINANCES G. SECOND READING OF ORDINANCES Ordinance 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 (Daniel R. O'Donnell, Assistant County Administrator) 2. Ordinance 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 (Howard B. Hall, Chief of Police) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the vacation of unimproved right-of-way shown as Tinkerdale Road identified on the map of North Burlington Heights in Plat Book 3, Page 57 located in the Hollins Magisterial District (Arnold Covey, Director of Community Development) 2. Ordinance amending Chapter 23 "Stormwater Management" of the Roanoke County Code (Arnold Covey, Director of Community Development) 3. Ordinance amending Chapter 8.1, Erosion and Sediment Control (ESC) of the Roanoke County Code (Arnold Covey, Director of Community Development) APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At Large) 3. Clean Valley Council (At Large) Page 3 of 5 4. Economic Development Authority (EDA) (appointed by District) 5. Parks, Recreation and Tourism Advisory Commission (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. 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 K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency Page 4 of 5 4. Outstanding Debt 5. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of January 31, 2016 6. Accounts Paid — January 31, 2016 7. Comparative Statement of Budgeted and Actual Revenues as of January 31, 2016 8. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2016 M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. George G. Assaid 3. Al Bedrosian 4. Martha B. Hooker 5. P. Jason Peters N. WORK SESSIONS 1. Work session to discuss Roanoke County workforce demographics and Total Compensation as relates to the fiscal year 2016-2017 Operating Budget (Carlan Myers, Director of Human Resources; Rebecca Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget) O. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D-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: Briefing to update the Board of Supervisors on the branding of the Roanoke Valley region SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been scheduled for Landon Howard, President, Roanoke Valley Convention & Visitors Bureau to brief the Board of Supervisors on the designation of the Roanoke Valley region as Virginia's Blue Ridge. Page 1 of 1 ACTION NO. ITEM NO. E- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNT, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: Resolution 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 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Consideration of this resolution was requested by Chairman P. Jason Peters on behalf of Landon Howard, President, Roanoke Valley Convention & Visitors Bureau. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 RESOLUTION 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 Page 1 of 2 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. Page 2 of 2 ACTION NO. ITEM NO. E-2 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: Resolution 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 SUBMITTED BY: APPROVED BY: Tarek Moneir Deputy Director of Development Services Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Town Manager of Vinton is formally requesting Roanoke County to administer and become the authority for the Town of Vinton's Virginia Stormwater Management Program Authority. The Virginia Erosion and Sediment Control Program (VESCP) and the Virginia Stormwater Management Program (VSMP) are becoming increasingly more inter -related and complex to administer. 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 the County is willing to serve in this capacity. Roanoke 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. Roanoke County is also currently recognized as the local "Virginia Erosion and Sediment Control Program (VESCP) Authority" within the County and the Town to regulate stormwater runoff from construction sites. In August 13, 2013, Roanoke County executed two Memorandum of Understanding Page 1 of 2 agreements with the Town of Vinton to provide: inspections for Stormwater Management facilities post -construction inspection services; and plan reviews for fees as outlined in the attached board actions (see attachment "A"). On August 31, 2015, the Town Manager of the Town of Vinton submitted a letter (see attached "B") to Roanoke County requesting the County become the Virginia Stormwater Management Program authority for the Town. The attached agreement (see attachment "C"), if approved by the Board of Supervisors, will transfer all the responsibilities to Roanoke County including but not limited to the administration; the enforcement of the state regulations; collecting permit fees; review plans; and, coordinate with the Department of Environmental Quality (DEQ) on issuance of permit coverage and maintain records. In order for this agreement to become effective, an approval by the Virginia State Water Control Board for transfer of the local VSMP from the Town to the County is required. Such approval by the State shall remain in effect unless terminated by the County or the Town. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the Town of Vinton request and the attached resolution for the County to become the Town VSMP Authority. Attachments: Vinton Town Manager letter of request Memorandum of Understanding Agreement Resolution Authorizing MOU with TOV Page 2 of 2 TOWN OF VINTON 0 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0607 V1111-R AV , o; FAX. (540) 983-0626 CHRISTOPHER S. LAWRENCE NTON EMAIL: ¢lawrenee[3avintonva.gov TOWN MANAGER V [ 3l G " 1 % August 31, 2015 Mr. Thomas Gates, Administrator County of Roanoke 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018 Dear Tom: This letter is written to serve as a formal request for Roanoke County to administer and become the authority for the Town of Vinton's Virginia Stormwater Management Program (VSMP). This includes, but is not limited to, administering and enforcing the VSMP regulations. The VSMP program requires the County to collect permit fees and remit the State's portion of the fee to the State; review stormwater plan submittals; submit project information and coordinate with the Department of Environmental Quality (DEQ) on issuance of permit coverage; perform periodic inspections of construction sites; perform enforcement activities when required; and maintain records and report to DEQ annually. Currently, through agreements between Roanoke County and Town of Vinton, our development and construction plans are being reviewed and approved by County personnel for stormwater management requirements, erosion and sediment control, and building code compliance. The Town recognizes the importance of working cooperatively with other jurisdictions in the Roanoke Valley to develop ordinances and regulations pertaining land use activities. Beginning in 2003, the Town of Vinton has worked cooperatively with staff from both Roanoke County and the City of Roanoke on the implementation of the stormwater management program. Mrs. Anita McMillan, the Town's Planning and Zoning Director, is currently in charge of the Town's VSMP and Municipal Separate Storm Sewers System (MS4) permit compliance and continues to actively participate on the regional storrmwater committee. I greatly appreciate your consideration of this request, and Town staff is looking forward to continuing to work cooperatively with your staff. Sincerely, Christop er . Lawrence Town Manager Anita J. McMillan, Planning and Zoning Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 RESOLUTION 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 # , 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 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 Page 1 of 2 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. Page 2 of 2 MEMORANDUM OF UNDERSTANDING (MOU) FOR ADMINISTRATION OF THE VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (VESCP) AND THE VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) BETWEEN THE COUNTY OF ROANOKE, VIRGINIA AND THE TOWN OF VINTON, VIRGINIA THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered this day of 2016, by and between the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "County", and the Town of Vinton, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "Town". Purpose of the Memorandum WHEREAS, clean water is crucial to the quality of life of both County and Town residents as well as the economic vitality of the region and the Commonwealth of Virginia; and, WHEREAS, the County is currently recognized as the local "Virginia Erosion and Sediment Control Program (VESCP) Authority" within the County and the Town to regulate stormwater runoff from construction sites; and, WHEREAS, the County currently reviews and inspects new land disturbing activities on behalf of the Town for conformance with the Stormwater Management Design Standards, Hydrologic Design, and Best Management Practices (BMPs); and WHEREAS, the VESCP and the Virginia Stormwater Management Program (VSMP) are becoming increasingly more inter -related and complex to administer; and WHEREAS, the Town has determined that it would be beneficial for the County to operate as the local VSMP Authority in the Town; and the County is willing to serve in this capacity. NOW THEREFORE, the County and the Town agree that their respective responsibilities are as follows: A. Responsibilities of the County: 1. The County shall continue to be the local "VESCP Authority" for the Town. 2. Upon approval of the revised Stormwater Management Ordinance by the Roanoke County Board of Supervisors, approval of this Memorandum of Understanding by the parties, and upon approval by the Virginia State Water Control Board, The County shall become the local "Virginia Stormwater Management Program (VSMP) Authority" in the Town. 3. Roanoke County shall possess the authority and perform the duties of the local "VESCP Authority" as set forth in Chapter 8.1 of the Code of the County of Roanoke; Title 62.1, {00126850.Docx } County of Roanoke and Town of Vinton VESCP/VSMP MOU Agreement Page 1 Chapter 3.1, Article 2.3 of the Code of Virginia; and 9VAC25-840, as amended, or as set forth in such ordinances, statutes, and regulations that are enacted to succeed the above. B. Responsibilities of the Town: 1. The Town shall adopt a Stormwater Management Ordinance that recognizes Roanoke County as the local VESCP authority. 2. The Town shall not issue any permits for activities that require VESCP and/or VSMP permits, until the VESCP and/or VSMP permits are issued. C. Previous Agreements 1. Previous agreements between the Town and the County concerning the VESP and the VSMP are void and superseded by this agreement. D. Fees 1. Roanoke County shall collect fees from regulated land -disturbing activities occurring within the Town, in accordance with the fee schedule adopted by the Roanoke County Board of Supervisors. 2. The fees for regulated land -disturbing activities within the Town shall be the same as those for regulated land -disturbing activities in other parts of the County. D. Amendments and Modifications This Memorandum of Understanding may be amended at any time by mutual consent of the parties, in writing. E. Termination This agreement may be terminated by either party upon giving 90 days written notice. If this agreement is terminated, the Town understands that it would need to obtain Virginia State Water Control Board approval to become the local VESCP and VSMP authority within the Town. F. Effective Date This Memorandum of Understanding shall become effective upon the endorsement of the parties as well as adoption of applicable ordinances; and approval by the Virginia State Water Control Board for transfer of the local VSMP from the Town to the County; and it shall remain in effect unless terminated by one of the parties as noted above. In Witness Whereof, the parties herein have caused this document to be executed as the date of the last signature shown below. {00126850.Docx } County of Roanoke and Town of Vinton VESCP/VSMP MOU Agreement Page 2 FOR ROANOKE COUNTY: Approved as to Form: BOARD OF SUPERVISORS OF COUNTY OF ROANOKE, VIRGINIA Peter S. Lubeck Thomas C. Gates Senior Assistant County Attorney County Administrator STATE OF VIRGINIA, CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20 , by Thomas Gates, County Administrator on behalf of the County of Roanoke, Virginia. Registration Number: _ My commission expires: Notary Public (SEAL) {00126850.Docx } County of Roanoke and Town of Vinton VESCP/VSMP MOU Agreement Page 3 FOR TOWN OF VINTON: Approved as to Form: Theresa Fontana Town Attorney STATE OF VIRGINIA, CITY/COUNTY OF TOWN COUNCIL OF TOWN OF VINTON, VIRGINIA Barry Thompson Interim Town Manager to -wit: The foregoing instrument was acknowledged before me this day of 120_, by Barry Thompson, Interim Town Manager on behalf of the Town of Vinton, Virginia. Registration Number: _ My commission expires: Notary Public (SEAL) {00126850.Docx } County of Roanoke and Town of Vinton VESCP/VSMP MOU Agreement Page 4 ACTION NO. ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: Ordinance 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 SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The purpose of this ordinance is to align the County Code with the actual practice that has been followed for many years pertaining to the provision of Workers' Compensation coverage for people who serve as volunteers for the County. Virginia Workers' Compensation law allows local governments to provide Workers' Compensation coverage for volunteers. The Roanoke County Code currently states that Workers' Compensation coverage should be provided for all types of County volunteers. However a review of the County's Workers' Compensation practices suggests that only Fire and Rescue volunteers have actually been provided with this coverage. Volunteers for other departments have been provided either a Blanket Accident policy to cover accidental death, dismemberment and medical expenses from injuries that may occur while volunteering, or, they are subject to a general liability policy with VACORP for a maximum payment of $5,000, which is secondary to any insurance the injured party may have. Although established, this practice is not consistent with County Code language. This arrangement has been successful for both volunteers and County departments for many years. Page 1 of 2 Volunteers covered by a Blanket Accident policy include volunteers for the Parks, Recreation and Tourism Department and those individuals providing community service in the Judicial System through either the Circuit or District Court. Volunteers subject to a general liability policy include those who perform services on behalf of the Police Department, Social Services and the Library system. The proposed ordinance clarifies that the County will continue to provide Fire and Rescue volunteers with workers' compensation coverage and may continue to provide non -Fire and Rescue volunteers a Blanket Accident policy or allow them to be subject to the County's general liability coverage. The first reading of this ordinance was held on February 9, 2016. FISCAL IMPACT: There is no direct fiscal impact from the ordinance. However, while there have not been any Workers' Compensation claims for non -Fire and Rescue volunteers, allowing the current language to remain in the County Code would present a risk for future claims. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 23, 2016 ORDINANCE 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 Page 1 of 11 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. Page 2 of 11 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 services, Page 3 of 11 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. Page 4 of 11 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: Page 5 of 11 (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: Page 6 of 11 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; 7. Loss to aircraft, standing timber, trees, shrubs, lawns, growing crops and livestock; Page 7 of 11 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 tie provisions of #4e County administrative regulations omonrlorl from tune fr, time by FeG916fi9R by the h9;_;F-1 9f �., 1-1 vim. 1G r,r_ 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; b. Persons providing services to the County as independent contractors; Page 8 of 11 4c. 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 dam. County officers, unless they are deemed to be covered "employees" under the aAct; 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 Page 9 of 11 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). Page 10 of 11 (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. Page 11 of 11 ACTION NO. ITEM NO. G-2 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: Ordinance 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 SUBMITTED BY: APPROVED BY: Howard B. Hall Chief of Police Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Each year, the Police Department responds to approximately 2,600 calls for traffic crashes. These account fora substantial amount of officer time and create a variety of problems for those involved as well as those affected by roadway closures and congestion. Crash reporting centers are used in Canada, particularly in the Toronto area, to mitigate the inconvenience caused by property damage crashes, improve service to those involved, and reduce the time that police spend handling these incidents. They have been in place for over twenty (20) years and have enjoyed a great deal of public support without cost to government. The police departments in the Roanoke Valley have been working with the creators of this concept to develop an initiative for this area. In addition to Roanoke County, the Cities of Roanoke and Salem have indicated interest in this initiative. Roanoke Accident Support Services, Ltd. (RASS), will establish itself as a corporation organized under the laws of Virginia for this purpose. The Roanoke Valley Regional Collision Center Agreement has been drafted and reviewed by the attorneys representing each party to the agreement. It provides for the establishment of a collision reporting center, operated by RASS, in the Roanoke Valley. The term of the agreement is from June 1, 2016, through November 30, 2017 to provide for a pilot project of eighteen (18) months. At the conclusion of the pilot period, the agreement Page 1 of 2 can be extended upon the agreement of all parties. There is no charge to any participating locality for the services that RASS provides. The agreement establishes an Executive Committee, comprised of the Chief of Police from each participating locality, to oversee the contract. The Executive Committee will be responsible for determining the criteria that will be used to refer collisions to the Center, which will generally be property damage collisions (with some exceptions). It will also monitor the operations of the Center and evaluate its effectiveness during and after the pilot period. Approval of this agreement will allow RASS to begin the process of implementing the Collision Reporting Center. Significant tasks will include the selection of a location, integration of information systems and working with the Executive Committee to establish operating criteria and public education campaign to be utilized prior to and during the implementation of the center. Subsequent to the first reading of this ordinance held on February 9, 2016, Roanoke City Council voted unanimously on February 16, 2016, to approve this agreement. FISCAL IMPACT: There are no costs from RASS to local government. Currently, insurance companies seeking a copy of a crash report use an internet based service that charges a fee. Approximately $4000-5000 per year is returned to Roanoke County. This revenue will not continue after RASS becomes operational. ALTERNATIVES: 1. Approve the ordinance. 2. Decline to approve the agreement STAFF RECOMMENDATION: Staff recommends approval of this agreement. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 23, 2016 ORDINANCE 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. Page 1 of 2 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. ROANOKE VALLEY REGIONAL COLLISION REPORTING CENTER AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2016, by and between the City of Roanoke, ("Roanoke City"); the County of Roanoke, ("Roanoke County"); and the City of Salem, ("Salem"), each of which is a political subdivision or municipality of the Commonwealth of Virginia (the "Participating Localities"), and Roanoke Accident Support Services Ltd., a corporation organized under the laws of Virginia ("RASS"). WITNESSETH: WHEREAS, §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 their three jurisdictions to enter into an agreement with RASS to operate a Regional Collision Reporting Center ("Center" or "Reporting Center") to act as a clearing house for reporting on all such accidents that occur within the three jurisdictions; and WHEREAS, the Participating Localities are authorized to enter into this joint Agreement pursuant to §15.2-1300 of the Code of Virginia; and NOW, THEREFORE, the City Council for the City of Roanoke, the Board of Supervisors of the County of Roanoke and the City Council for the City of Salem, Virginia, in consideration of the mutual obligations and mutual benefits accruing to their respective localities from this Agreement, have agreed upon the terms of a contract among themselves, and with RASS, which are as follows: ARTICLE I. SERVICES Sec. 1-1. RASS shall cooperate with the police officers of the Participating Localities in the discharge of their motor vehicle accident investigations and reporting mandates as required by the Code of Virginia. Sec. 1-2. The Participating Localities agree to provide to RASS in printed or in electronic form all information relevant to RASS's lawful activities relating to motor vehicle accidents within their jurisdictions. RASS understands that the Participating Localities are obligated to disclose and provide public documents in accordance with the Virginia Freedom of Information Act. The Participating Localities shall allow RASS access to their records management systems in order to transmit completed reports to appropriate agencies. Sec. 1-3. Obligation of RASS Regarding the Center. The location or relocation of any Reporting Center or a second Reporting Center must be approved by the Executive Committee. During the term of this Agreement RASS shall: a. provide all the equipment and staff necessary to provide accident reporting 100125363.DOCX } services to customers at no cost to the Participating Localities at a Reporting Center selected, operated and maintained by RASS; b. pay all applicable taxes, including any Sales Tax, if applicable, rates, duties, levies, assessments and impositions whatsoever, whether county, municipal, State or otherwise levied, charged or assessed; c. pay all applicable business taxes, if any, in respect of the business carried on by RASS; d. comply with all federal, state, county and municipal laws, by-laws, rules and regulations affecting the Center; e. ensure that the Center is fully functional from 10:00 a.m. to 6:00 p.m. Monday through Friday of each week during the term of this Agreement, except for legal holidays, and that the determination of further days and times of operation be the discretion RASS. f. ensure that employees of RASS, while on duty at the Center, wear a uniform of a style to be approved by the Executive Committee, or an identification tag that indicates the name of the employee and the name of RASS; g. ensure that employees RASS act in a courteous and professional manner and maintain a neat and tidy appearance when providing services at the Center; h. ensure that all interior and exterior signage installed or in use at the Center is approved by the Executive Committee prior to installation or use; and i. operate the Center at no cost to the Participating Localities. Sec. 1-4 Obligation of RASS Regarding Collision Reporting Services. During the term of this Agreement RASS shall: a) provide only accident reporting services and information processing services at the Center and shall not allow any other services to be provided on the premises of the Center; b) only offer or make available to a customer of the Center the names of companies, groups, or individuals that are recommended by the insurance company of the customer, provided that RASS is not prohibited from contacting, on behalf of the customer, companies, groups or individuals that are recommended by such insurance company; c) respect the right of the customers of the Center to choose to avail or not avail themselves of any or all of the services of RASS provided on behalf of an insurance company and shall not, at any time, use unlawful or misleading information or tactics or pressure a customer, in order to convince the customer to use any of the offered services; 100125363.DOCX 1 2 d) comply with all applicable requirements set forth in Virginia Code §38.2-510 and inform all customers that they have the right to seek repairs from their own repair shop, not just those facilities recommended by their insurance carrier. e) post signage, the content and location which shall be approved by the Executive Committee, advising customers of the Center of their right of choice regarding services offered by RASS on behalf of an insurance company and the independence of the services provided from that of the Participating Localities; f) be permitted to offer advice and assistance to a customer of the Center respecting matters arising from the incident being reported, but shall provide such advice and assistance only in accordance with the policy requirements of the insurance company of the customer and any other legal restrictions or requirements; g) not permit the display of advertising for any commercial vendors at the Center, but the foregoing shall not be construed to restrict the availability of materials provided by any governmental authority or the insurance industry or the advertising of the services provided by RAS S on behalf of insurance companies; h) not permit commercial vendors to operate at the Center, but the foregoing shall not be construed to restrict the representation of an insurance company at the Center or the provision of services which an insurance company has purchased, and nothing in this Agreement shall be construed to prevent an insurance company from recommending the use of specific vendors which have been approved by the insurance company; i) ensure that the operating name of RASS shall not be a name that is likely to lead a person to reasonably believe RASS is an agency of the Participating Localities; j) report, in writing, monthly during the Pilot period and quarterly thereafter, to the Participating Localities on the activity of the Center during the preceding reporting period, which report shall include, but not to be limited to, information respecting the number of persons which have used the services of the Center, the range and type of services offered by the Center, the number and type of complaints received about service at the Center and any action taken in response to such complaints; k) notify the Participating Localities in writing of any oral or written complaints received from members of the public and customers of the Center ("Customer Complaints"), about the operation or services of the Center within seventy-two hours of receipt of the complaint, each such notice to be accompanied by a copy of any materials submitted by the complainant; 1) attempt, in good faith, to resolve the matter giving rise to the Customer Complaint involving a property loss claim in accordance with any procedure for complaint resolution established by the Participating Localities, and resolve the matter giving rise to the Customer Complaint to the satisfaction of the Participating Localities; m) RASS will not attempt to resolve and/or settle any personal injury claims; 100125363.DOCX 1 3 n) use any information, reports, data or material supplied by the Participating Localities only in accordance with the law or any restrictions imposed from time -to -time by any one of the Participating Localities on such use; however it is understood by the parties that any such restrictions will not prevent RASS from disclosing such information to insurance companies that is otherwise allowed by law. Sec. 1-5 Conflict of Interests Obligations of RASS. During the term of this Agreement RASS shall not: a) operate or have any direct or indirect interest in or control over any automobile body repair shop or automobile rental facility and shall ensure that no director, officer or employee of RASS or any of its affiliated companies operates or has any direct or indirect interest in or control over any automobile body repair shop or automobile rental facility; b) employ, or be wholly or partly owned by, an officer or employee of a police department, or any other municipal or state officer or employee, an officer or employee of an insurance company or an officer or employee of an automobile body repair shop or automobile rental facility; and c) replace any officers or directors of RASS, or add any additional officers or directors, without the prior written permission of the Executive Committee. Nothing in this Agreement shall be deemed to prevent or hinder RASS from being compensated by insurance companies in connection with RASS's operation of the Center. ARTICLE IL OPERATIONAL AND FISCAL MATTERS Sec. 2-1. Participating Localities. The Participating Localities to this Agreement are the City of Roanoke, the County of Roanoke and the City of Salem. Sect -2. Executive Committee. The Executive Committee shall serve as an advisory board to RASS for the Regional Collision Center. The Executive Committee shall consist of the Chiefs of Police of the Participating Localities, or their designees, and a non-voting member selected by RASS. Sec. 2-7. Indemnification and Insurance. Each Participating Locality will maintain its own workers' compensation and public official's liability insurance coverage, and will retain its full legal responsibility for injuries or property damage arising from its employees' use of the Regional Collision Center ("Retained Liability"). Nothing in this agreement shall be interpreted as an assumption of joint and several liability, a waiver of sovereign, governmental, or qualified immunity, or as an indemnification of any Participating Locality, by any of the others. Except with respect to Retained Liability, RASS shall at all times indemnify and save harmless the Participating Localities, and all their officers, employees, agents and representatives of and from any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever, made or brought against, suffered by or imposed, on either or both 100125363.DOCX 1 4 of them in respect of any loss, damage or injury (including fatal injury) to any person or property directly or indirectly arising out of, resulting from or sustained as a result of RASS's willful wrongdoing or negligent occupation, use or operation of the Center. ARTICLE III. OPERATIONS AND DISPUTE RESOLUTION Sec. 3-1. Term. The term of this Agreement shall commence on June 1, 2016 and shall terminate on November 30, 2017, for an 18 month Pilot Project. Upon the approval of all parties to this agreement, the Term of this Agreement may be extended to terminate on November 30, 2021, unless sooner terminated or further extended as provided herein. If such extension occurs, as of each five (5) year anniversary date of November 30, 2021, the term of this Agreement shall automatically be extended for two additional five (5) year terms beyond the then existing date of termination, unless one or more of the Participating Localities chooses to withdraw from this Agreement in accordance with the process outlined Article IV. Sec. 3-2. Operator. The day to day operation of the Center shall be performed by the vendor chosen to manage the Regional Collision Center on behalf of the Participating Localities. The Participating Localities have determined that the sole source available to provide these services in the United States is RASS. Sec. 3-3. Executive Committee. The oversight of this Agreement regarding the location and operation of the Center shall be the responsibility of an Executive Committee as set forth herein. The composition and purposes of the Executive Committee are as follows: (1) Each Participating Locality shall appoint a member of the Executive Committee, and RASS shall provide one non-voting member for the Executive Committee. (2) The Executive Committee will meet at least quarterly, once the Center is established and becomes operational. Special meetings may be called by any two members by actual notice delivered to all members at least 48 hours prior to the meeting date, or may be held at any time upon attendance at meetings by all members. (3) A quorum necessary to take action at any meeting shall be two (2) members, or their officially -appointed designees. A majority vote of the members in attendance shall decide any issue presented unless otherwise set forth in this Agreement. (4) The members of the Executive Committee shall elect a chair and secretary from its members to serve for two years. (5) The meetings of the Executive Committee shall be conducted pursuant to the parliamentary procedures as set forth in "Roberts Rules of Order." ARTICLE IV. WITHDRAWAL AND/OR TERMINATION. Sec. 4-1. Withdrawal. Any Participating Locality under this Agreement may withdraw and terminate such locality's participation in the Roanoke Valley Regional Collision Reporting Center Agreement by having its Chief Executive Officer deliver that locality's intent to withdraw by U.S. certified mail return receipt requested a formal written notice to the Chief Executive Officer of the other Participating Localities at least six (6) months prior to that localities anticipated date of withdrawal. The purpose of this notice requirement is to give the nonwithdrawing party or parties at least six (6) months' notice of the withdrawing locality's 100125363.DOCX 1 5 decision to no longer participate in the Executive Committee and Agreement. Sec. 4-2. Responsibility of Compliance. Any Participating Locality who gives a notice of withdrawal shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above. Sec. 4-3. Future Operation of Regional Collision Reporting Center. Upon receipt of a notification of withdrawal, the nonwithdrawing localities, in their sole discretion, may continue their participation in the operations of the Center with such modifications as they deemed appropriate. Sec. 4-4. Cooperation upon Withdrawal. The withdrawing locality shall cooperate with the nonwithdrawing localities in order to provide for a smooth transition of operations of the Center, including, but not limited to, executing any documents and/or providing any information the nonwithdrawing localities may reasonably request. Sec. 4-5 Termination. The Participating Localities may terminate this agreement with RASS upon three (3) month's written notice to RASS in the event that: a) legal requirements, in the Participating Localities' sole opinion, prohibit any Participating Locality from continuing its participation in the Center; or b) RASS makes an assignment for the benefit of creditors, or becomes insolvent or commits an act of bankruptcy as defined by the Bankruptcy Code (U.S.11USC), or if RASS is subject to voluntary or compulsory liquidation or winding -up, or if the Center becomes abandoned. The Participating Localities may terminate this Agreement following 30 days' written notice to BASS from any of the Chiefs of Police that RASS has breached any of the provisions of this Agreement; provided however, that RASS shall have the opportunity to correct the situation giving rise to the breach to the satisfaction of the Chief of Police within the 30 day notice period. Either the Participating Localities or RASS may terminate this Agreement on s i x ( 6) months' written notice to the other party, during which time RASS shall continue to operate the Center in accordance with the terms and conditions of this Agreement, provided however that the Participating Localities shall not terminate the Agreement under this subparagraph: a) for the sole purpose of entering into an arrangement or agreement with another person to operate a reporting center; and/or b) for the sole purpose of entering into an arrangement or agreement with another person to sell information to third parties; and/or c) to operate an information vending service; and/or 100125363.DOCX 1 6 d) to operate a business which uses the information contained in the accident reporting computing records and produces reports which can be sold to third parties. ARTICLE V. MISCELLANEOUS Sec. 5-1. Effective Date. The effective date of this agreement shall be January 1, 2016. Sec. 5-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: Thomas C. Gates, County Administrator COUNTY OF ROANOKE, VIRGINIA 5204 Bernard Drive Roanoke, Virginia 24018 Christopher P. Morrill, City Manager CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, Virginia 24402 Kevin S. Boggess, City Manager CITY OF SALEM, VIRGINIA 114 North Broad Street Salem, Virginia 24153 ROANOKE ACCIDENT SUPPORT SERVICES LTD. Steve Sanderson 111 Toryork Drive Toronto, Ontario M9L 1X9 Sec. 5-3. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 5-4. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument. Sec. 5-5. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 5-6. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 5-7. Governing Law. This Agreement shall be governed by and construed in 100125363.DOCX 1 7 accordance with the laws of the Commonwealth of Virginia. Sec. 5-8 Mandatory Virginia Public Procurement Provisions: During the term of this Contract, RASS agrees as follows: A. Pursuant to Virginia Code § 2.2-4311.1, RASS does not, and shall not during the performance of this Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. B. Pursuant to Virginia Code § 2.2-4311.2, RASS shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia (1950), as amended, or as otherwise provided by law. RASS shall not allow its existence to lapse or its certificate of authority to be revoked or cancelled at any time during the term of this contract. The Participating Localities may void this Contract if RASS fails to remain in compliance with the provisions of this section. Sec. 5-9. Entire Agreement. This Agreement constitute the full agreement among the parties. This agreement may only be amended in writing by written amendment. IN WITNESS WHEREOF the governing bodies of each locality listed below has duly authorized this Agreement to be signed on their behalf, by that locality's Chief Executive Officer, and RASS has caused this Agreement to be signed on its behalf by its duly authorized officer. Attest: Clerk CITY OF ROANOKE, VIRGINIA By: (SEAL) Christopher P. Morrill, City Manager Approved as to form: City Attorney 100125363.DOCX 1 8 Attest: Clerk Attest: Clerk COUNTY OF ROANOKE, VIRGINIA By: (SEAL) Approved as to form: County Attorney CITY OF SALEM, VIRGINIA Approved as to form: City Attorney ROANOKE ACCIDENT SUPPORT SERVICES LTD. Steven A. Sanderson, President 100125363.DOCX 1 fl ACTION NO. ITEM NO. H-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: Ordinance authorizing the vacation of unimproved right-of-way shown as Tinkerdale Road identified on the map of North Burlington Heights in Plat Book 3, page 57 located in the Hollins Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roger L. Harrah and Phyllis Ann Williams both residents of Roanoke County have requested the vacation of right-of-way shown as Tinkerdale Road (Rte. 1860) on the map of North Burlington Heights that was dedicated by the plat of record in Plat Book 3, page 57 to the Board of Supervisors of Roanoke County. The right-of-way is located perpendicular to Enon Drive (Rte. 1806) and adjacent to the two (2) parcels owned by the said petitioners. The portion of Tinkerdale Road that is proposed to be vacated is a "paper street" and it has not been improved. The petitioners desire to use their portion of the aforementioned right -of -away for improvements to their property. Once this right-of-way is vacated, the property will be divided evenly and combined with the abutting properties, as provided in Section 15.2-2274 of the Code of Virginia, 1950, as amended. There are no adjoining landowners or other persons that will be affected by this action. County Departments and local utility companies were contacted concerning the vacation. Appalachian Power Company, Cox Communications and Verizon Virginia, LLC have requested to retain a Public Utility Easement for their utilities present in the existing right - Page 1 of 2 of -way. Western Virginia Water Authority (WVWA) also requested an easement for the entire width of the right-of-way for an existing waterline. Roanoke County would also like to retain a drainage easement for an existing storm drain located within the right-of-way. Other utility companies contacted had no objection to the paper street being vacated. Since the present utilities were installed in a public right-of-way and locations were not dedicated by a plated easement, they will all share the new fifty foot (50') easement. Pertinent information is shown on Exhibit "A" and attached hereto and titled "PORTION OF TINKERDALE ROAD - TO BE VACATED BY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA". The first reading of the ordinance was held on February 9, 2016. FISCAL IMPACT: The cost and expenses associated with this action, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. ALTERNATIVES: 1. Approve the proposed ordinance authorizing the vacation of the right-of-way and retain a Public Utility Easement for Appalachian Power Company, Cox Communications and Verizon Virginia, LLC. WVWA water line easement and Roanoke County drainage easement in its location. 2. Do not adopt the proposed ordinance authorizing the vacation of the right-of-way. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 ORDINANCE 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 Page 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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). 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. PARCEL C-1 I STORMWATER I �opT AF�i , I MANAGEMENT 1 SOG �'9,y I #8110 GANDER WAY FAauTr D 's" i TRACTOR SUPPLY Co. OtiD'LS�•Q`FY a VARIABLE �ry STORMWATER PARCEL C-2 I WIDTH P.D.E r ❑ 24" SD ��D) MANAGEMENT LOT 1 ' INSTR. # 20080758 I_ 1.913 AC. 7 1 _ I t0• w ------_S36°51'iD0_E _84.27 -- 1 60.73 _ S36°51'00"E 245.00 OHE OHE 1 9 3 . 9 O' — OHE _ w MAP OF , MAP OF _ (0 N. BURLINGTON HEIGHTS SEC. 1 N. BURLINGTON HEIGHTS SEC. 1 PB. 3 PG. 57 PB.3 PG. 57 I 0 p BLOCK 1 SEL. 1 I N ww c N 8�1 BLOCK , ✓#7887 LOT 2 mlo190� �N�o O I 1Ln InIN 3 i lil TAX # 27.06-03-01.00 m I N " 0 o PHYLLIS ANN WILLIAMS N1 CURVE ""A"" Z TAX # 27.06-01-03.00 APPALACHIAN POWER COMPANY, 2-3 N36°51'53"W 45.00' COX COMMUNICATIONS, AND '7-1 73-65 1 00 W ROGER L. HARRAH L=31.53' FOR W.V.W.A. WATER LINE AND A , LOT 3 TAN=20.00" tt 100 Ac D=89 28'1 5" I .. 3 CH=581 34'7"E P.B. 3 PG. 57 CHORD DIST.=28.42' 1 INSTR. # 201505648 N36_°51 TOO"W _ ENON DR 50'R/W iv LOT 3 & 1/2 of LOT 2 'T I 1.39 Ac. m P.B. 3 PG. 57 N INSTR. # 201505084 Z N36°51'00"W 245.00' -_ X24" SD---- ❑ RT 1806 Ow � - -� 0 OD LOT 5-A t' . _ LOT 1 & w/ PT LOT 2 BLOCK SEC. i i LOT 5-B BLOCK I MAP OF I J-------rn � 5 N. BURLINGTON HEIGHTS SEC. 2 C) , Q L-------------� PEI.3 PG. 86 # 13 I LOT 3L I z I LOT 1 LOT 3& 1/2 OF LOT 2 ------- PORTION OF RIGHT-OF-WAY TO BE }- I PORTION OF RIGHT-OF-WAY TO BE 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. EXHIBIT "A" SHOWING 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 S53°42'00"W & RESERVED A5 A P.U.E. FOR UTILITY'S PRESENT BY ®VACATED APPALACHIAN POWER COMPANY, 2-3 N36°51'53"W 45.00' COX COMMUNICATIONS, AND '7-1 73-65 1 00 W VERIZON VIRGINIA LLC. EASEMENT FOR W.V.W.A. WATER LINE AND A 4-5 N 53°42 00 E 230.0 1 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. EXHIBIT "A" SHOWING 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 S53°42'00"W 1-2 553°42'00"W 250.00' 2-6 536°51'00"E 25.00 2-3 N36°51'53"W 45.00' 250.00' '7-1 73-65 1 00 W 3-4 S81 °34'37"E 28.42' 4-5 N 53°42 00 E 230.0 1 5-1 S36 51 00 E 25.00 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. EXHIBIT "A" SHOWING 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 S53°42'00"W 250.00' 2-6 536°51'00"E 25.00 6-7 N53°42'00"E 250.00' '7-1 73-65 1 00 W 25.00' PORTION OF RIGHT-OF-WAY - TO BE VACATED BY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA PREPARED BY.' ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT SCALE: 1 11 = 1 001 DATE: 1-4-201 6 ACTION NO. ITEM NO. H-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: Ordinance amending Chapter 23 "Stormwater Management" of the Roanoke County Code SUBMITTED BY: Arnold Covey Director of Development Services APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors established this chapter on April 22, 2014, in order to comply with the Virginia Stormwater Management Act and State stormwater management regulations. At that time, Roanoke County became the local Virginia Stormwater Management Program (VSMP) authority. In response to Virginia Department of Environmental Quality (DEQ) review, staff are proposing some revisions and additions, which address DEQ's concerns and County staff concerns since operating the program. Additionally, Roanoke County has been requested to become the VSMP Authority for the Town of Vinton (see attached letter from the Town manager). Currently, through agreement between the County and Town of Vinton, Roanoke County Community Development staff review and approve all development and construction plans for stormwater management requirements, erosion and sediment control and building code compliance for Town of Vinton. County staff presented the proposed amendments to the Board of Supervisors at a work session on August 25, 2015. This item was scheduled to be heard at the September 22, 2015 Board of Supervisors meeting, but was deferred because of information presented to the Board by representatives of the Roanoke Regional Home Builders Association. Page 1 of 2 On January 26, 2016, after several meeting with the RRHBA (resolving all issues), staff at the Board's work session presented an overview of the proposed amendments. The specific ordinance changes include: • Definitions and minor word changes requested by DEQ. • Extension of the County's VSMP authority to include the Town of Vinton. • Provides civil penalties alternatives for violations of the ordinance. The proposed changes will: • Comply with DEQs request to be fully compliant with the latest State Stormwater Management regulations. • Relieve the Town of Vinton of the burden of having State certified employees to run their VSMP program. • Provide additional information to assist the County in implementing its post - construction responsibilities (periodic inspection). • Reduce the amount of the contingency from twenty-five percent to ten percent. Since the first reading of the Stormwater Management Ordinance on February 9, 2016, the following revision has been made by staff: 23-2 — In the definition for "Municipal Separate Storm Sewer System Management Program", added the word System. This revision is identified in the attached Ordinance by yellow highlighting. FISCAL IMPACT: None ALTERNATIVES: 1. Approve the ordinance to amend Chapter 23 titled "Stormwater Management." 2. Deny the amendment as presented STAFF RECOMMENDATION: Staff recommends alternative 1. Attachment: • Letter dated August 31, 2015 from Christopher S. Lawrence, Town Manager of Town of Vinton • Stormwater Management Proposed Ordinance Page 2 of 2 TOWN OF VINTON 0 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0607 V1111-R AV , o; FAX. (540) 983-0626 CHRISTOPHER S. LAWRENCE NTON EMAIL: ¢lawrenee[3avintonva.gov TOWN MANAGER V [ 3l G " 1 % August 31, 2015 Mr. Thomas Gates, Administrator County of Roanoke 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018 Dear Tom: This letter is written to serve as a formal request for Roanoke County to administer and become the authority for the Town of Vinton's Virginia Stormwater Management Program (VSMP). This includes, but is not limited to, administering and enforcing the VSMP regulations. The VSMP program requires the County to collect permit fees and remit the State's portion of the fee to the State; review stormwater plan submittals; submit project information and coordinate with the Department of Environmental Quality (DEQ) on issuance of permit coverage; perform periodic inspections of construction sites; perform enforcement activities when required; and maintain records and report to DEQ annually. Currently, through agreements between Roanoke County and Town of Vinton, our development and construction plans are being reviewed and approved by County personnel for stormwater management requirements, erosion and sediment control, and building code compliance. The Town recognizes the importance of working cooperatively with other jurisdictions in the Roanoke Valley to develop ordinances and regulations pertaining land use activities. Beginning in 2003, the Town of Vinton has worked cooperatively with staff from both Roanoke County and the City of Roanoke on the implementation of the stormwater management program. Mrs. Anita McMillan, the Town's Planning and Zoning Director, is currently in charge of the Town's VSMP and Municipal Separate Storm Sewers System (MS4) permit compliance and continues to actively participate on the regional storrmwater committee. I greatly appreciate your consideration of this request, and Town staff is looking forward to continuing to work cooperatively with your staff. Sincerely, Christop er . Lawrence Town Manager Anita J. McMillan, Planning and Zoning Director AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 ORDINANCE 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 2 WHEREAS, the Commonwealth of Virginia has determined that to increase the effectiveness of these programs, the administration of the VSMP stormwater management requirements are being transferred to the localities; and WHEREAS, Roanoke County is the local VSMP authority, which will result in additional plan reviews, field inspections, educational activities, enforcement actions, and coordination with DEQ; and WHEREAS, this ordinance satisfies the DEQ current requirements effective July 1,2015 -land WHEREAS, 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 2 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Stormwater Management Ordinance from Chapter 23 of the County of Roanoke Code Table of Contents Introduction........................................................................................................... Section 23-1 General Provisions.......................................................................... 23-1.1 Title and Authority............................................................................. 23-1.2 —Purpose ..... ........................................................................................ 23-1.3 Applicability....................................................................................... 23-1.4 Compatibility with Other Requirements ............................................. 23-1.5— Severability............................................................._........................... 23-1.6 Stormwater Management Technical Criteria for Regulated Land Disturbance Activities ....._— ................................................................... 23-1.7 Stormwater Management Technical Criteria for Regulated Land Disturbance Activities: Grandfathered Projects and Projects subject - to the Provisions of 9VAC25-870-47B................................................. 23-1.8 Stormwater Management Design Manual ......................................... 23-1.9 County Right of Entry ........................................................................ Section 23-2 Definitions........................................................................................ Section 23-3 Program Permit Procedures and Requirements .......................... 23-3.1 Permit Required................................................................................ 23-3.2 Permit Application Contents.............................................................. 23-3.3 Stormwater Pollution Prevention Plans ............................................. 23-3.4 Pollution Prevention Plans................................................................. 23-3.5 Stormwater Management Plans ........................................................ 23-3.6 Comprehensive Stormwater Management Plans and Regional Stormwater Management Facilities ................................................... 23-3.7 Stormwater Management Facility Maintenance Agreements ............ 23-3.8 Performance Securities..................................................................... 23-3.9 Fees.................................................................................................... 23-3.10 Permit Application Procedure.......................................................... Section 23-4 Exceptions to Stormwater Management Requirements .............. Section 23-5 Property Owner Responsibilities for Drainage Ways .................. Section 23-6 Construction Inspection................................................................. 23-6.1 Notice of Construction Commencement ............................................ 23-6.2 Periodic Construction Inspection....................................................... Page 1 of 3740365 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 23-6.3 Final Inspection and Record Documentation ..................................... Page 2 of ,4-748365 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Section 23-7 Post Construction Inspection, Maintenance and Repair Of Stormwater Management Facilities ............................................ Formatted: Font: Bold 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 Com I .................................................................................... 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 .................................................... "IVWI '' 10 Page 3 of 6 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 4 of 374036-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 CountV and within the Town of inion Commented[DMHl]:Extending applicabilityof and adopts the applicable Regulations that specify standards and specifications ordinance to include the Town of Vinton. 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 5 of 374836-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 6 of 374036-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold D. The PFA_Vsie ;6_,art+h+his Ghapter shall n+ be o plinohle 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 7 of 374936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 t ie to be Commented [DMH2]: Change requested by DEQ. equivalent thereto (i) was approved by Roanoke C o u n t V t"�,e-IGGa'ity 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 8 of 374036-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold not under construction, shall become subject to the technical criteria in effect at that time. G. An operator may choose to decline grandfather status and to instead comply with the technical requirements of section 23-1.6 of this ordinance. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. Section 23-1.8 STORMWATER MANAGEMENT DESIGN MANUAL A. The County will utilize the policies, criteria, and information contained within the County Stormwater Management Design Manual for proper implementation of the requirements of this ordinance. B. The County Stormwater Management Design Manual may be updated and revised from time to time. The Administrator shall recommend any updates, supplements, or modifications of the County Stormwater Management Design Manual subject to the authorization and approval by the Board of Supervisors by resolution. Section 23-1.9 COUNTY RIGHT OF ENTRY A. The Administrator and/or duly authorized employees, agents, or representatives of the County, bearing proper credentials and identification, may, at any reasonable times and under reasonable circumstance, enter any establishment or upon any property, public or private, which has a VSMP permit or a maintenance agreement, for the purpose of enforcing this ordinance, including, but not limited to: 1. Obtaining information or conducting surveys or investigations; 2. Taking samples of discharges; 3. Inspecting monitoring equipment; 4. Inspecting and copying documents relevant to the enforcement of this ordinance; 5. Initiating or maintaining appropriate actions which are required by the permit conditions associated with a land -disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified; 6. Inspecting stormwater management facilities or other Best Management Practices (BMPsJ or to initiate or maintain appropriate actions which are required to restore proper functioning of a —stormwater management facility or other BMP operation when a land Page 9 of 374936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 a -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 10 of 3-74-936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold "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 tat 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 11 of 3-74-936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold "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 Formatted: Highlight 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 12 of 3-74936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold "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) FrR< 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 13 of 3-74-936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold "Stormwater Management Facility" or "SWMF" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the volume, rate of flow, quality, the period of release, or the velocity of flow. "Stormwater management plan" means a document(s) containing material feF describing methods for complying with the requirements of Section 23-3.5 of this Ordinance. "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this Ordinance. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. "Subdivision" means the division of a parcel of land into two (2) or more parcels of any size by the establishment of new "^,ar;os boundary lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose. whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. "Total Maximum Daily Load" or "TMDL" means the sum of the individual waste -load allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measures. The TMDL process provides for point versus nonpoint source trade-offs. "Town" means the incorporated Town of Vinton. "Virginia Stormwater Management Act" or "Act' means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter3.1 of Title 62.1 of the Code of Virginia. "Virginia Stormwater BMP Clearinghouse website" means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations. "Virginia Stormwater Management Program" or "VSMP" means a t�,w program approved by the State Board after September 13, 2011, that has been established by a Page 14 of 3-74936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold leealotyRoanoke County to manage the quality and quantity of runoff resulting from land -disturbing activities and shall include such items as 1 r_—COIIntV ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement, where authorized in this Ordinance, and evaluation consistent with the requirements of this Ordinance and associated regulations. "Virginia Stormwater Management Program authority" or VSMP authority" means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. For the purpose of this Ordinance, Roanoke County is the VSMP Authority 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. B. No VSMP authority permit will be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the requirements of this Ordinance, including an approved erosion and sediment control plan; and an approved stormwater management plan or an executed agreement in lieu of a stormwater management plan. C. No VSMP authority permit will be issued without the general permit registration statement except that construction activity involving a single-family detached residential structure, within or outside of a common plan of development or sale does not require a permit registration statement. Construction activities involving a single-family detached residential structure, within or outside of a common plan of development or sale, shall comply with the requirements of the General Permit. Section 23-3.2 PERMIT APPLICATION CONTENTS A. Unless specifically exempted by this Ordinance, any land—owner or operator desiring a permit for a land disturbance activity shall submit to the County a permit application on a form provided by the County for that purpose. Permit applications shall comply with the requirements contained within the County Stormwater Management Design Manual that is available from the Department of Community Development_ A t Formatted: Indent: Left: 0.58", No bullets or numbering Page 15 of 3-74-936 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Not Expanded by / Condensedby B. No VSMP authority permit shall be issued by the Administrator, until the following items have been submitted to and approved by the Administrator as prescribed herein. 1. A permit application that includes a fully -executed general permit registration statement, except that construction activity involving a single- family detached residential structure, within or outside of a common plan of development or sale does not require a permit registration statement; 2. An erosion and sediment control plan approved in accordance with the County Erosion and Sediment Control Ordinance [Chapter 8.1]; 3. A stormwater management plan, or agreement in lieu of a stormwater management plan, that meets the requirements of Section 23-3.5; 4. Maintenance agreement in accordance with Section 23-3.7; 5. Performance bonds in accordance with Section 23-3.8; 6. Fees in accordance with Section 23-3.9; and, 7. Executed Development Agreements. C. Pursuant to § 62.144.15:40 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; 4, Formatted: Indent: Left: 1.58", No bullets or 2. An approved stormwater management plan, or agreement in lieu of numbering a stormwater management plan;Formatted Not Expanded by / Condensed b,, 3. A pollution prevention plan for regulated land disturbing activities; F ormatted: Left: 1.58", No bullets or Page 16 of 3-74936-9 and Description of any additional control measures necessary to address a TMDL. Page 17 of 1 69 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Indent: Left: 1.58", No bullets or numbering 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. 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 j control; 4- 2. Wastewater -2_Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; 2- 3. Fuels, - 3_Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and 3- 4. Soaps or solvents used in vehicle and equipment washing. Page 18 of 374936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Font color: Black Formatted: Indent: Left: 0.83", No bullets or numbering Formatted: Font color: Black, Not Expanded by / Condensed by Formatted: Indent: Left: 0.83", No bullets or numbering Formatted: Font color: Black, Not Expanded by / Condensed by Formatted: Indent: Left: 0.83", No bullets or numbering Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Indent: Left: 0.08", No bullets or numeri bng The pollution prevention plan shall prohibit discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate controls. Section 23-3.5 STORMWATER MANAGEMENT PLANS A. No application for land -disturbing activity will be approved unless it includes a stormwater management plan or agreement in lieu of a stormwater management plan, as required by this Ordinance, detailing how runoff and associated water quality impacts resulting from the activity will be controlled or managed. B. Submittal, review, approval, and resubmittal of stormwater management plans, and agreements in lieu of stormwater management plans shall comply with the requirements set forth in this Ordinance and the County Stormwater Management Design Manual. C. The stormwater management plan shall apply the stormwater management technical criteria set forth in Section 23-1.6 of this Ordinance to the entire common plan of development or saleland disturbing aGtiV,+„ Individual lots in new residential, commercial, or industrial developments, including those developed by subsequent owners, shall not be considered to be separate land - disturbing �activitiesl. Commented [DMH4]:Revisions requestedbyDEQ. D. A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners E. The stormwater management plan must consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. F. If an operator intends to meet the water quality and/or quantity requirements set forth in 9VAC25-870-63 or 9VAC25-870-66 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land -disturbing activity except as otherwise allowed by §62.1-44.15:35 of the Code of Virginia. G. Elements of the stormwater management plans that include activities regulated under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. H. Where a stormwater management plan is required, a construction record drawing for permanent stormwater management facilities shall be submitted to the Page 19 of 3?4936-9 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Administrator and approved prior to the release of bonds. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth, certifying that the stormwater management Page 20 of - _ 6-3 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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. t -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 bV Roanoke County, the information provided and documented during the review process that addresses the current and final site IcondltlonS., Commented [DMHS]:Revisions requested byDEQ. 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 request eabyDEQ. A map or maps of the site that depicts the topography of the site and includes: (i) All contributing drainage areas; (ii) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains; Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold (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. �--1. An agreement in lieu of stormwater management plan shall conform to the Regulations and the County Stormwater Management Design Manual. Section 23-3.6 COMPREHENSIVE STORMWATER MANAGEMENT PLANS AND REGIONAL STORMWATER MANAGEMENT FACILITIES A. The County may develop comprehensive stormwater management plans in accordance with 9VAC25-870-92 as a means to more effectively and efficiently address water quality objectives, quantity objectives, or both; through the implementation of regional stormwater management facilities. B. Once a comprehensive stormwater management plan is adopted by the County and approved by the Director of the Virginia Department of Environmental Quality, it is enforceable under this Ordinance. C. Stormwater management plans for land disturbing activities located in areas that have a comprehensive stormwater management plan, adopted by the County, and approved by the Director of the Virginia Department of Environmental Quality, shall comply with the requirements of the comprehensive stormwater management plan. If a proposed regulated land -disturbing activity is located in a watershed that has a regional stormwater management facility currently constructed, and if the regional stormwater management facility is in accordance with a comprehensive stormwater management plan, the County shall have the option to require the payment of a fee -in -lieu of providing a portion or all of the proposed regulated land -disturbing activities stormwater management requirements. The fee -in -lieu shall be based on the reasonable proportion of stormwater impacts from the proposed regulated land -disturbing activity compared to the total stormwater impacts that the regional stormwater management facility is designed to mitigate, multiplied by the total estimated project costs. The reasonable proportion of project costs shall be solely determined by the County. Project costs include, but Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold are not limited to, the costs of land, professional services for investigations, studies, design, environmental permitting, surveying, construction phase Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 a44-stormwater management facilities shall be ensured through the creation of a formal maintenance agreement that is executed by the property owner and submitted prior to plan approval and recorded by the County in the County land records prior to permit termination. The maintenance agreement shall be binding on all subsequent property owners. B. The property owner of the site shall execute an access easement agreement, prior to plan approval, to provide for access to stormwater management facilities at reasonable times for periodic inspection by the County, or their contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Ordinance. The easement agreement shall be recorded in the County land records by the County and it shall be binding on all subsequent property owners. C. A stormwater management facility that serves more than one parcel shall be located on its own, separate parcel. The land owners of each parcel served by the stormwater management facility shall be jointly and severally responsible for the maintenance of the stormwater management facility through a formal maintenance agreement with the County. D. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements, acceptable to the County, shall be made to pass the responsibility to successors in title. These arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 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). access easement agreement maVPR&-d 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 Administrate or. 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. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Commented [DMH7]: Required to address use of agreements in lieu of SWM Plans for single family residential construction. B IJFltil'6lly�28�tThe amount of the performance security shall be the �wntmgency H8]:Revised tomatch bond t in ESC Ordinance. Done 40 ef-- Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the permit, plus 10% contingency. A# e -r july-1 2Q17 the a n+ 9f the pepfr.r GeGlclFity Shall be the tGtA_ I oS+ima+o rl #FcUill+tics ed 6lRder the ne + plus 250+inneRGY Theai�^rta# �APT�4 �P Tn6.�' PTA �"-'S � nn+iRgeRGv iS GFd;_;nnoyVi+h Title 15 .2, Ghap+or 77 AFtinle Al (§ 15.2 7741 et seg.) of the GAGIo Af Virginia (1950) asamended 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 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold the fee schedule established, revised and updated from time to time by the County Board of Supervisors by resolution. D. Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with the fee schedule established, revised and updated from time to time by the County Board of Supervisors by resolution. If the permit modifications result in changes to stormwater management plans that require additional review by the County, such reviews shall be subject to the fee schedule established by the County Board of Supervisors, as amended. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in accordance with the fee schedule established, revised and updated from time to time by the County Board of Supervisors by resolution. E. General permit maintenance fees: Annual permit maintenance fees required by 9VAC25-870-830 shall be imposed in accordance with the fee schedule established, revised and updated from time to time by the County Board of Supervisors by resolution, including fees imposed on expired general permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated. General permit coverage maintenance fees, for permits issued in a previous calendar year, shall be paid by April 1st of each year that it is in effect. No permit will be reissued or automatically continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a Notice of Termination is effective. F. 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 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 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. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold D. Approved stormwater management plans may be modified, as follows: 1. Modification to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such request. 2. The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection. E. The Administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. SECTION 23-4 EXCEPTIONS TO STORMWATER MANAGEMENT REQUIREMENTS A. The Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act and this Ordinance are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this Ordinance. Exceptions to the requirement that the land -disturbing activity obtain the required VSMP authority permit shall not be given by the Administrator, nor shall the Administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, unless it is duly approved by the Depart 13+restsdof Environmental Quality. commented [DMH9]:Correctionper 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. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold SECTION 23-5 PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGE WAYS A. Drainage ways consist of natural watercourses, storm sewers, gutters, manmade channels, and other natural or manmade drainage paths. B. Every person owning property through which a drainage way passes, or such person's lessee, shall keep and maintain that part of the drainage way within the property free of trash, debris, yard wastes, and other obstacles that could pollute, contaminate, or significantly retard the flow of water. C. No person shall sweep, wash, or otherwise place dirt, trash, debris, yard wastes, or other materials in drainage ways where they could be picked up and carried off the person's property by stormwater runoff. D. The property owner or such person's lessee shall maintain healthy vegetation to protect the drainage way from excessive erosion during storm events. Particular care shall be taken to maintain healthy bank vegetation along watercourses. SECTION 23-6 CONSTRUCTION INSPECTION Section 23-6.1 NOTICE OF CONSTRUCTION COMMENCEMENT The permittee shall notify the County in advance before the commencement of land disturbing activities. In addition, the permittee shall notify the County in advance of construction of critical components of a stormwater management facility. Section 23-6.2 PERIODIC CONSTRUCTION INSPECTION A. The Administrator shall periodically inspect the land -disturbing activity during construction for: 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved stormwater management plan, or executed agreement in lieu of a stormwater management plan; 3. Development, updating, implementation with the pollution prevention plan; 4. Development and implementation of any additional control measures necessary to address a TMDL. B. If the County inspections find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land -disturbing activity in the area of the violation shall Page 40 ef-_� proceed until any violations are corrected and all work previously completed has received approval from the County. The permittee is responsible f o r maintenance and repair for all stormwater management facilities during construction. C. The person responsible for implementing the approved plan is required to provide adequate inspection monitoring and reports to ensure compliance with the approved plan, to determine whether the measures required in the plan provide effective stormwater management and to allow the registered professional to certify the record documents in accordance with Section 23-3.5. All permittee inspections shall be documented and written reports prepared that contain the following information: 1. The date and location of the permittee inspection; 2. Whether construction is in compliance with the approved stormwater management plan; 3. Variations from the approved construction specifications; 4. Corrective actions that have been taken to correct previous violations; 4. 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 facilitiesy 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 reauire a formal maintenance aareement and access easement agreement for stormwater management facilities designed to B. Receipt of record drawings and supporting documentation, final inspection and approval by the County, execution and recordation of maintenance agreement, Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Indent: Left: 0.08", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 0.58", No bullets or numbering Formatted: Indent: Left: 0.58", No bullets or numbering Formatted: Indent: Left: 0.08", Hanging: 0.5", No bullets or numbering Commented [DMH10]: Coordinated with special requirements for individual residential lot conditions. 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 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 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. ent facilities were required as a condition for parcel development. Therefore, they shall be operated, inspected, maintained and repaired, by the property owner, as necessary for proper operation of the structures and facilities even if there is notha;+ d'^ ^^+ ha%a rep -e- recordf4ed stormwater facility maintenance agreement shell be eperated iaepested maiRtaiRed and repaired the Following are the minimum maintenance requirements for stormwater structures Donor40 _ Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Commented [DMH111: We need this information to aid in staff efficiencv with maintainine GIS system. Commented [DMH12]: Added language to make clear that SWM facilities without agreements still require maintenance under this ordinance. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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. 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. Thhc;Stormwater management facilitiesy 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. 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 space, or special equipment or training, then the County may hire licensed professionals to perform the inspection, or it may require the property owner to hire a licensed professional to perform the inspection. The cost for any licensed professionals to perform the required inspection shall be paid by or recovered from the owner. The County will conduct post -construction inspections of stormwater management facilities pursuant to the County's developed, and State Board's approved inspection program and will inspect each stormwater management facility at least once every five (5) years; except that periodic post -construction inspection, bV the County, is not required where- a formal maintenance agreement and access easement agreement is not required bV the Administrator 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 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Commented [DMH13]: Coordinated special requirement for individual sinele family development. 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. Fn,,brng ed: Indent: Left: 0.58", No bullets or A -B. The hearing shall be heard by the County Administrator, or his/her designee. 4�-C The hearing shall be held provided that the County Administrator and the Page 40 ef-�ag- Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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. S-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 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. FDuring 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 terminology 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. ®ani 4n „f 4a9- Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold C. If there is no permittee, the notices shall be issued to the property owner. D. The Neotice to Comolye€�ielatiee shall contain: The name and address of the permittee, or if there is no permittee, the property owner; 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; 4. A description of the rem.ed;aithe remedial measHMG Resessa_Fymeasures necessary *veto bring the lan4the 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 Page 40 r f-49 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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 "Sstop Wwork Oarder" shall be in effect until the County confirms that the land- disturbing activity is in compliance with the requirements of this Ordinance and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article and upon conviction shall be subject to the penalties provided by this Ordinance. Section 23-9.4 CIVIL AND CRIMINAL PENALTIES A. Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in the Roanoke County Circuit Court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. B. Any person who violates any provision of this Ordinance or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. C. Violations for which a penalty may be imposed under this Subsection include, but are not limited to the following: 1. No state permit registration; 2. No SWPPP; 3. Incomplete SWPPP; 4. SWPPP not available for review; 5. No approved erosion and sediment control plan; 6. Failure to install stormwater BMPs or erosion and sediment controls; 7. Stormwater BMPs or erosion and sediment controls improperly installed or maintained; 8. Operational deficiencies; 9. Failure to conduct required inspections; 10. Incomplete, improper, or missed inspections; andaffd Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold 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. Any civil penalties assessed by a court as a result of a summons issued by the County shall be paid into the County treasury to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the County and abating environmental pollution therein in such manner as the court may, by order, direct. G. With the consent of any person who has violated or failed, neglected or refused to obey this Ordinance or any condition of a permit, the County may provide, in an order issued by the A d m i n i s t r a t o rSe4* against such person, for the payment of civil charges for violations in specific sums, as indicated In the following schedulel: 7E&SC d[DMH151:Change provided toallow f civil charges. Amounts coordinate with those apprepri^te ^ Vil r. alty Arhmph r• „Irl ho im ed Rder of 1hdoyoov.n Q dinance. 1. Commencement of land disturbing activity without receiving coverage under the General Permit from the Department shall be one thousand f,,, dollars ($17,0500.00) per day. 2. Commencement of land disturbing activity without preparation of a SWPPP shall be five hundred '^fi* h ^r,rorl dollars ($5005.00) 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 threeee*e++ hundred #i#y-dollars ($37-0450.00) per day: 4. State permit registration statement not posted, or SWPPP not available for review shall be three hundred dollars ($300.00) per day. 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 ($345-900.00) per day. 7. Incomplete, improper, or missed inspections, including lack of proper Dorno40 _ 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. Anv civil charge 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. �4-. JNotwithstanding 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 Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Tab stops: 3.68", Left Final certificates of occupancy may not be granted at the discretion of the 6dministrato Commented[DMH161:Addedlanguagetomakesurethat until corrections have been made in accordance with the approved plans, notices of it Was clear that this Was discretionary. violation, stop work order, or permit requirements, and accepted by the County. —END— ACTION NO. ITEM NO. H-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: Ordinance amending Chapter 8.1 Erosion and Sediment Control of the Roanoke County Code SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Chapter 8.1 — Erosion and Sediment Control is authorized by Article 2.4, Chapter 3.1 of Title 62.1 of the Code of Virginia (§10.1- 50 et seq.) Title 62.1, Chapter 3.1, Article 2 known as the Virginia Erosion and Sediment Control law. Extensive revisions are needed in response to changes in State law and regulations. County staff first presented this information to the Board of Supervisors at their September 22, 2015, Board meeting, at which time representatives from the Roanoke Regional Home Builders Association presented information to the Board, which the Board felt needed further review. The Board asked staff to meet with the Roanoke Regional Homebuilders Association and resolve all outstanding issues. On January 26, 2016, at the Board of Supervisors work session staff presented an overview of the proposed amendments. The document attached is the result of County staff and Roanoke Regional Homebuilders Association working together to resolve all issues. The proposed ordinance includes: • Definitions and minor word changes; • Land disturbing projects less than 10,000 square feet are not required to meet the Stormwater Management requirements; Page 1 of 2 • Expands the possible use of an Agreement in Lieu of, beyond a single-family residence to all land -disturbance activities that disturb less than 10,000 sq.ft.; • Simplifies the fees section of this chapter; and • Maintains the current construction contingency amount set at ten percent (10%). Since the first reading of the Erosion and Sediment Control Ordinance on February 9, 2016, the following revisions have been made by staff: Minor formatting corrections. Sections 8.1-5 (a) and 8.1-7 (b) (1) — Language was added to clarify that the County is adopting state erosion and sediment control regulations, with the exception that land - disturbing activities that disturb less than the state regulated threshold (10,000 square feet) are not required to meet state erosion and sediment control regulation requirements to verify the adequacy of downstream channels and that no stormwater management measures are required. Section 8.1-5 (f) — For consistency "and sediment" was added. This did not change the meaning of the paragraph. 8.1-6 (m) — For clarification the word "property" was added. This did not change the meaning of the paragraph. 8.1-7 (b) (1) - Language was added to clarify that land -disturbing activities that disturb less than the state regulated threshold (10,000 square feet) are not required to meet state erosion and sediment control regulation requirements to verify the adequacy of downstream channels and that no stormwater management measures are required. These revisions are identified in the attached Ordinance by yellow highlighting. FISCAL IMPACT: None ALTERNATIVES: 1. Approve the attached ordinance. 2. Deny the amendment as presented STAFF RECOMMENDATION: Staff recommends alternative 1. Attachment A: Proposed Ordinance of Chapter 8 Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, February 23, 2016 ORDINANCE AMENDING CHAPTER 8.1. — EROSION AND SEDIMENT CONTROL OF THE ROANOKE COUNTY CODE WHEREAS, Chapter 8.1. — Erosion and Sediment Control of the Roanoke 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 Pagel of 27 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: 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 ^ ^ the Iand ,^+^r amp and ether nat.. - by establishing requirements for the control of soil erosion sediment deposition and non-agricultural runoff and ^^^' m^^+^+^^ 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 62.14, Chapter 331.5, Article 2.4 , known as the Virginia Erosion and Sediment Control Law. Sec. 8.1-2. - Applicability of chapter in Town of Vinton. Page 2 of 27 The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton. Administrative procedures and review fees may be established to accommodate the review of plans for development located within the town. Sec. 8.1-3. - Definitions. As used in this chapter, unless the context requires a different meaning: Agreement in lieu of a plan means a contract between the plan -approving authority and the owner thatwhirh specifies conservation measures thatwhiGhh must be implemented in the construction of a single-family residence "ety.gee.. t;yA thAwsand five h6IR tred (2 5QQ) squape feet and five thAw and (5,00Q) squaFe feet iandle-F t,.Aie h--'RdFed fifty (250) te five hLIRGIFed (500) eubie yaFdS" 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_ state Cel' ^^dv ,ester ^ ^+^^ "�Virginia State Water Control Board. Certified inspector means an employee or agent of a VESCP{FegFa+R authority who (i) holds a certificate of competence from the B -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 VESCPpFegFaFR authority who; 'Holds a certificate of competence from the Bboard in the area of plan review; (2) -(ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or NO ids licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Aarticle 1 ( , Sec. 54.1-400 et seq.) of Cehapter 4 of Ttitle 54.1 or a professional soil scientist as defined in Sec. 54.1-2200 of the Code of Virginia. Page 3 of 27 Certified program administrator means an employee or agent of a VESCPpregram authority who holds a certificate of competence from the B4oard in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfullV completes such program within one Vear after anrnIImPnt Clearing means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. EFnIz f land it m ode appropriate ns appropriate nil nd water elan �E&ISIA ;AAA#0b6ItiR@l +n nGerva+%T+r+re at MGR+. The plan shall n+oin all majer Ge PAR-.;PP'AtMAA PIPPOsMARr, tA that the entire ''not Ar ''nits Af land 'Alill h tFeated te nhieve the n iatinn nbien+iyes �T�' County means the County of Roanoke. Ilenii^led meaRs a term applied +n land that has been nhvsinally disturbed and n Innner s nr+s vegetative n Department means the D4epartment of Environmental Qualit iAenser„a+innPPAPPAand +Mn A. Development means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. Director means the D44irector of GGMM61RitY de"el^nmen+ Gr his assigR the Department of Environmental QualitV. District or Ssoil and W -water Ceonservation D4istrict refers to the Blue Ridge Soil and Water Conservation District. Erosion and Ssediment CGontrol Polan or Polan means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It maV include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed 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 bV a Virginia Professional Engineer, Land Surveyor, Landscape Architect, Architect, or Professional Soil Scientist. Page 4 of 27 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 Specifications", US Department of Transportation, Federal Highway Administration Publication No. FHWA ED -88-053, as amended. (3) The geotechnical report shall be submitted to the plan -approving authority and included in site development files prior to issuance of a land disturbing permit. Grading means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. Land -disturbing activity means any man-made Xchange to the land surface that w,;ieh may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Ceommonwealth, 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; Page 5 of 27 (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 thatwhoph is hard-surfaced; (4) Septic tank lines or drainage fields unless included in an overall plan for land- disturbing activity relating to construction of the building to be served by the septic tank system; (5) Permitted s,&urface or deep mining operations and projects, or oil and gas operations and protects conducted pursuant to Title 45.1 of the Code of Virginia; (6) €xplepatiGR er drilling fop 90and gas lii the well site earls feede 'iReeS,, and eff site dis of o q*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 Cehapter 11 ( �a-§Sec. 10.1-1100 et seq.) of Tthis 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Ssubsection B of Sec. Ge 10.1-1163; (79)Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (88)Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act,aFtielez (Va. Code § 10.1-604 et seq.) Of Chapter 6�the GGGIQ Of `sir^i^ice ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; (948) Disturbed land areas for allwrrnrtir�cT^� f 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). (104-) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (112-) Emergency work to protect life, limb or property, and emergency repairs; howeverpfe*i4edy444at 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 Page 6 of 27 accordance with the requirements of the plaR appFeViRg autheFityLhis Ordinance. Land_ disturbing Ppermit or approval means a permit or other form of approval issued by the Ceounty for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any other land disturbing activity{4gpese set forth herein. +inn nnfnrnmmen+ Rd n alwatinn 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 permit a6IthGFiZiRg land -disturbing approvalas 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. clic+i irhiRg on+ivi+ino n W.Pit n ni+c of lands and fer appreViRg nlaRs +ron+ of land Page 7 of 27 Responsible Land disfurbop Ddisturber or RLD means an mal individual holding a certificate issued bV the Department who is responsible for carrying out the land -disturbing activitV 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, protect manager, contractor, or anV other prosect or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance.fFem the PFE)jeet GF rlevelnr.men+ team nihe will be OR nharge of and r oihle fer GaFrYiRg eii+ a lour! Runoff volume means the volume of water that runs off the land development prosect from a prescribed storm event. Single-family residence means a noncommercial dwelling that is occupied exclusively by one (1) family. Steep slope means a slope greater than 3:1, or thirty-three and one-third (33.3) percent. atmespheriG AG.A+iG,s .,i+heli+ rl.a State permit means an approval to conduct a land -disturbing activity issued bV the Board in the form of a state stormwater individual permit or coverage issued under a state general permit. State waters means all waters on the surface and under the ground wholly or partially within or bordering the Csommonwealth 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 Page 8 of 27 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 bV the Board that has been established bV 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 pPlan-approving authority means the Director of Community Development or his assignee, deF)aF+r,. GRt of RmtY ,+,.,,elel9ffle t which is responsible for determining the adequacy of a GQP,- �+;+^^ plan submitted for land -disturbing activities on a unit or units of lands and for approving plans. VESCP authoritV or program authority means Roanoket4a Csounty which has adopted a soil erosion and sediment control program that has been approved bV the Bboard. Water Quality Volume means the volume equal to the first one-half inch of runoff multiplied bV the impervious surface of the land development prosect. 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 . 142, the Csounty hereby establishes a VESCP program and -adopts the regulations promulgated bV the Board.; with the exception that the requirements contained in Formatted: Highlight 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 Formatted: Hiahliaht 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, , rotorG-6 gWideliRGS, standards and Page 9 of 27 and those more stringent local 5tG_RM04A_+or MR-RageMeRt criteria which the Ceounty Bi4oard of Ssupervisors, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual"_ 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 NO reduce the allowable peak flow rate resultina from the 1.5. 2. and 10-vear. 24-hour storms to a level that requirements for natural or man-made channels (2-14)Forplans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.1-44.15:28 of the Stormwater Manaaement Act and 9VAC25-870-66 of the Virainia Stormwater Manaaement The Ceounty hereby designates the Ddirector of Ceommunity 24evelopment or his assignee as the plan -approving authority. (ee)The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Ddepartment of Ceommunity Ddevelopment. (f4) Pursuant to Sec. 62.1-44.15:53 of the Code of Virginia§ 1 ^� 1, an erosion andFormatted: Highlight 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 Ceounty shall contain a certified Page 10 of 27 program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. Sec. 8.1-6. - Regulated land -disturbing activities; submission and approval of plans; contents of plans. (a) Except as provided herein, no person may engage in any land -disturbing activity until he or she has submitted to the D4epartment of Ceommunity Ddevelopment an erosion and sediment control plan for the land -disturbing activity and such plan has been approved by the VESCP plaR appreviAq 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 Departmentd for review and approval rather than to each jurisdiction concerned. The Department may charge the applicantGe4gt-y a fee sufficient to cover the cost associated with conducting the review. -Where the land -disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may, at the discretion of the County, be substituted for an erosion and sediment control plan if executed by the plan - approving authority. Additional requirements are given below: (1) Where the land -disturbing activity, from the construction of a single-family residence, results in a+;41ess than five thousand (5,000 ) square feet RAdler twe h, nelred fif+" 2501 +n fi„^ hiinrlr^rl (Gnn) ..hl^ ^r,+^ ^f disturbed area, an "agreement in lieu of a plan” n+rnl nl^n if ^ -Hted by the nl^n appF9VORg „+her;+„ 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 her five thousand (5,000) square feet or more a+4d o+on +hniicon^IR.O.A.8 hiinrlr^rl ^fi, 909g_ /O OOO�n nnn\ square f^^+ onrl/nr of disturbed area, an "agreement in lieu of a plan" shall be accompanied by a+the-r--a plot plan that meets the County Building Permit Plot PlanVOr^;n,^ l lnifGF.M. c+^+^,.,irt^ n,,;l +;n^ C -A& f r h,,;l ,;^^ iqeFg+i4-^l^+ l^ requirements, prepared by a eeFtified responsible land disturber, er aR eR@liRGGFGGl plan prepared by a - Professional Engineer, Land Surveyor, Landscape Architect, Architect, or Professional Soil Scientist Ari iteAt ?h9,n ORg thGePASOen AAd RGGIOMPAt GAAtPAlMPASUPPIR.icthe Page 11 of 27 A ^gid responsible land disturber must also be provided and identifiedAa ePI. _(3) qirlen^eF86iilto in ten theiisand (-In nnn) s e feet Ar n tier hunrlre rl fifty (750) Gubi^ yards a mere of distiirhe rl area, aR eresieRnrl _ .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 necessaryapp;Gp4at4e an an,, ^pntrpl plan is needed- in enter to properly protect downstream properties or the environment. lanrlc^ape or^hite^+ Per dist, rhed Areas of less than ten the, isand /1n 0001 )(aFd& i e Cie+ a Exempt frem F=&S Dlon� *building permit plot plan req6lired 2,509— I I P50— °Agreement in 1 iei i° pf permit plot plan r red I A 749 5,989— � 588— oc�mied��B, *�i1„�i^g mit plat plan by a e rF ifier! 01 n ertifierl lanrlo^ape ar^hite^t Ar A Page 12 of 27 (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. (fd) The standards contained with the "Virginia Erosion and Sediment Control Regulations," and The Virginia Erosion and Sediment Control Handbook_ amended and those more stringent local S_+„r",,.,A_+or MA_rageMG t criteria which the Bboard of Ssupervisors of the eaCounty, 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 VESCPpIaR apprevipg plan -approving authority, in considering the adequacy of a Page 13 of 27 submitted plan, shall be guided by the same standards, regulations and guidelines (ge)The VESCP plan -approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of the Erosion and Sediment Control Law and the Board's regulations, and if the person responsible for carrvinq 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 carrvinq out the plan shall be subject to the penalties provided in this ordinance. However, the VESCP plan -approving authority may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land -disturbing activity, then the person responsible for carrvinq out the agreement in lieu of a plan shall correct the violation and provide the name of the responsible land disturber, as provided by 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of the responsible land disturber shall be a violation of this chapter. The plaR aPPFGViRg autherity shall graRt WFi#GR appreval WithiR ferty five (45) days Gf serifm�o hot ho she will n�rnpelypefermthhe Irl o� eA+ AeAtrel s- t � �� �� 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. Page 14 of 27 Th e1��� } + the Ian?ho.TM .-- 61 +n the peRalties PFA-Vid-P-d- on this 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. of n neteRGe, as prGvided by se-stip10.1 Gal of the state PrAsiAn And this ehapteF. Q�) The VESCP authority may require changes to aanA+4 approved plan may be 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. ( 4)Variances: The VESCP plan -approving authoritV maV waive or modifV anV of the standards that are deemed to be inappropriate or too restrictive for site conditions, bV granting a variance. A variance maV be granted under these conditions: (1) At the time of plan submission, an applicant maV request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan -approving authority shall be documented in the plan. (2) During construction, the person responsible for implementing the approved plan maV request a variance in writing from the plan -approving authoritV. The plan -approving authoritV 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 15 of 27 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 Caounty may require appreval ef ar-_-�.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 Countv: 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. (mi)When a land -disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion control plan shall be the responsibility of the ro ert Formatted: Highlight owner. (nt) In accordance with the procedure set forth in X62.1-44.15:55 (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. gas olino GGmpaRies nrl ailrealdA-A-R;paROGS shall filo gGRGraleresien And Page 16 of 27 The bea.rd shall have sixty (60) days OR whieh te appFE)Ve the speeifieatieRs. if RE) aetieR 0s+aLGR th orrl Vnii+hin (30 days the nifiGatinno droll be deemed o orl (2-k)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§-U9. - a&4. (21) 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 fer steer slepe ,,o„ol„nmor+ r eRtS (q+:p) 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 -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:vertica1) may exceed twenty-five (25) vertical feet in height and shall not require a geotechnical report. (ss)For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) ora++4 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. GempaGtO„r test rooiiltS nor VDQT (uq)Development plans for all new subdivisions shall show proposed lot grades to ensure positive drainage. Page 17 of 27 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. c .rocnriho_resodm-in Con+inn .. . .. _ _ (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 Formatted: Highlight disturbina activities that meet the reauirements of this section. These include: I ne aaeguacy OT aownsiream cnannels ana pipes are not re ulrea Lo oe Formatted: Highlight analyzed and verified. Formatted: Indent: Left: 0.5", Han In 0.5" 9 9 No stormwater management measures to address any flow rate capacity Formatted Highlight or velocity requirements for downstream natural or man-made channels shall be required. . 23)An agreement in lieu of a plan may, at the discretion of the County, be Formatted: Highlight 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_-an4d--certification that the plan will be followed and evidence of state permit coveraae where it is reauired. (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 Page 18 of 27 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 fees M (e4)No land -disturbing permit shall be issued until the applicant submits with the application an approved erosion and sediment control plan or agreement in lieu of an approved erosion and sediment control plan and certification that the plan will be followed. Page 19 of 27 Formatted Table Formatted: Font: Arial, 12 pt, Highlight Formatted Table Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight Formatted: Font: Arial, 12 pt, Highlight Formatted: Font: Arial, Highlight f Su ret - All applicants for permits shall provide to the Csounty a performanceCommented [DMHl]: Revised to maintain 10% bond bond, cash escrow, or an irrevocable letter of credit acceptable to the Ddirector of lcontingency. Csommunity Ddevelopment or his assignee, to ensure that measures could be taken by the Csounty 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 edthe County's administrative costs and inflation. The contingency shall be 10% of the total estimated cost to initiate and maintain the appropriate conservation action, u29T,-- OR �`z9aRe�eaner, thG ntORgenr.v shall be 2504 Tho Amp, n+ of r.nn+inrvonr.v 16 1R nrd APAP w0th Title 15 .2, Ghapter 22 Ar+ir.le 41 /Qon+inn 15.2 7741 et seq.) of+he Gee of \/irrvinia (1950) asa,;,era�ed. Should it be necessary for the Ceounty to take such conservation action, the Csounty may collect from the applicant any costs in excess of the amount of the surety held. Within 60 days of adequate stabilization and completion of all other site requirements, as determined by the Ddirector of Csommunity Ddevelopment or his assignee, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. (he)These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. Sec. 8.1-99. - Monitoring, reports, and inspections (a) The responsible land disturber, as provided in 6 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 Csounty may require the person responsible for carrying out the plan to monitor ;;ndte;.,t;;O^ the land -disturbing activity. The person responsible for carrying out the plan -+Rd 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 Ddepartment of Ceommunity 24evelopment 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 Page 20 of 27 owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If the D4irector of Csommunity 24evelopment, or his assignee determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee or; person responsible for carrying out the plan ^r the FGSPGRSi"'P-'A-nd ,pis+„r"ter by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land -disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. (c) Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1- 44.15:55, -44.15:56, the Director of Community Development, or his assignee, may, in conjunction with or subsequent to a N+Rotice to CeomplV as specified in this chapter, issue a+R Stop Work Oerder requiring that all or part of the land -disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. r his assigRGG may, R RGtinn With n iihsor 61GRt tG o etiso to n ply as diStHFbiRg aGtivities permitted A.A. the site bG St9pped 6141 the SpeGified AArrPAtM­P If land -disturbing activities have commenced without an approved plan or proper permits, the D4irector of Csommunity devrDevelopment or his assignee may, in conjunction with or subsequent to a N+4otice to Ceomply as specified in this chapter, issue a Stop Work 4:�_Osrder 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 8.1-109 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 Ceommonwealth, or where the land -disturbing activities have commenced without an approved plan or any required permits, such a Stop Work +�Oerder may be issued without regard to whether the permittee has been issued a Neotice to Ceomply as specified in this chapter. Otherwise, such a Stop Work O -a -girder may be issued only after the permittee has failed to comply with such as N+4otice to Csomply.4 Page 21 of 27 The Stop Work Oerder shall be served in the same manner as as Nootice to Csomply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the Count eRfGFGiRg authe;#Y or permit holder for appropriate relief to the Ceircuit Ceourt. The County shall serve such Stop Work 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 -,-4 Formatted: Font: Arial within seven (7) days from the date of service of the Stop Work Oerder, the D4irector of Ceommunity 24evelopment or his assignee may issue a+4 StopWork O Formatted: Normal, Justified, Indent: Left: pt, Space Before: 12.6 pt, Line spacing: Exactly 12.85 pt, Font srder to the owner requiring that all construction and other work on the site, other Alignment: Baseline 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 Formatted: Font: Arial registered or certified mail to the address specified in the permit application or the Formatted: Font: Arial land records of the Ceounty. The owner may appeal the issuance of a Stop Work 0,4 -girder to the Ceircuit Ceourt - Formatted• Font Arial of the Ceounty. Any person violating or failing, neglecting or refusing to obey a Stop Work 044--srder issued by the D4irector of Ceommunity Ddevelopment or his Formatted: Font Arial assignee may be compelled in a proceeding instituted in the Ceircuit Ceourt of the Csounty to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the StopWork Osrder shall immediate) Formatted: Font: Arial be lifted. Nothing in this section shall prevent the D4irector of Ceommunity Ddevelopment or his assignee from taking any other action authorized by this chapter. Formatted: Font Arial Sec. 8.1-109. - Penalties, injunctions, and other legal actions. (a) Violators of this chapter shall be guilty of a Cslass 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 and 3, or 5 of the minimum standards shall be three hundred dollars ($300.00) per violation per day. Page 22 of 27 c. Structural measures. Failure to comply with items 2-, 4, 6, 7, 8, 9, 10, 11, 15� a444 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 exceed a total of ten thousand dollars ($10,000.00), except that a series of violations arising from the commencement of land -disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of ten thousand dollars ($10,000.00). The assessment of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. (c) The D4irector of Ceommunity 24evelopment or his assignee, or the owner of property which has sustained damage or which is in imminent danger of being damaged, may apply to the Csircuit CGourt of the Ceounty to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.1555, 62.1-44.15:56 thiS Ghapte 'r 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 Ceounty in a civil action for damages. Page 23 of 27 (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 Ceourt, 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 Ceounty. Any civil penalties assessed by a Ceourt shall be paid into the Ttreasury of the Ceounty, except that where the violator is the locality itself, or its agent, the Ceourt 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 Ceounty 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 Ceounty's Aattorney shall, upon request of the Ceounty er the permit a4t4efity-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 sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. Sec. 8.1-118. — Hearings and AppealsAppeals and ;,,,l;^;;;' r (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. Page 24 of 27 (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 rights, duties, or privileges of any permit applicant, permittee, or person subject to any enforcement action under this Ordinance. Any a plinan+ i nrlor +ho n of this nhapter whe i aggrieved by a an+inn of have the right tea ply fer and PPAP014P A review of q'-Ah an+inn by +ho (,'GGHRty ❑heard of lisupep secs. IR revieWiRg the—ageRt''s aGti9RS, the Eibeard of c �jswpepAser-s shall GGRSOGIeFiRg +ho ovidonno and GPOROGRS,+ho Qhnard of 26-61por nonro donisinn shall be seeks aR appeal heaFiRg befere the Rbeard ef shall be heard At the Aext FinIad f the C-GA-irety i nd +hi hapt shall be ssihion+ +n by the 261S+8n�,r-9 _ E� �.r-(�pz&I" � ��-o����;a�`o"��y--�-r� �ZGE)HRty �ZGOFG61it �ZGeWt, PFE)Vided aR appeal is file d- 'Alithin thiFty (30) days fF9ffl the date el PF9P9S n +n eRgage OR land disturhiRg an+ivi+jos Sec. 8-1.124-. - Civil violations, summons, generally. (a) The D4irector 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. Page 25 of 27 (b) Anyep rson+RSPeete 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+e-speste 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 Csounty Ssheriffs office may also deliver the summons. The summons shall contain the following information: (1) The name and address of the person charged. (2) The nature of the violation and chapter provision(s) being violated. (3) The location, date, and time that the violation occurred, or was observed. (4) The amount of the civil penalty assessed for the violation. (5) The manner, location, and time that the civil penalty may be paid to the Leo nty. (6) The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. (c) The summons shall provide that any person summoned for a violation may, within five (5) days of actual receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Csounty Ttreasurer'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 Csounty shall cause the Ssheriff of the Csounty to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in Ggeneral Ddistrict Ceourt in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the Csounty to show the liability of the violator by the preponderance of the evidence. Any admission of liability, or finding of liability shall not be a criminal conviction for any purpose. (e) The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies by law. (f) The owner or permittee may pay the civil penalty to the Ttreasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. (g) Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by presenting it to the D4irector of Community Development, who shall Page 26 of 27 certify the contest in writing, on an appropriate form, to the Ggeneral D4istrict Ceou rt. (h) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c), above, shall result in the immediate issuance of a Sstop Wwork Oerder and the revocation of the permit, if any. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 27 of 27 ACTION NO. ITEM NO. 1.1-5 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 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) The Windsor Hills Magisterial District representative has passed away. Mr. Karr's five (5) -year term expires June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At -Large) The Budget and Fiscal Affairs Committee shall be comprised of eleven (11) members with each Board Supervisor having an appointment, five members appointed jointly by the Board of Supervisors, and one ex officio appointment representing County Administration. Mr. Gates is currently working with the Board on recommendations to this committee. 3. Clean Valley Council (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 4. Economic Development Authority (EDA) (appointed by District) The following four-year terms will expire on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment 5. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three-year term expired on June 30, 2015: a) Max Beyer, representing the Hollins Magisterial District; Mr. Beyer is eligible for reappointment. Page 2 of 2 J 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 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 Page 1 of 1 ACTION NO. 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". Page 2 of 2 ACTION NO. ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: 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 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Steven D. White, Senior Appraiser -Real Estate Valuation, retired on January 1, 2016, after more than thirty-one (31) years of service. Mr. White is unable to attend the meeting and his resolution and quilt will be mailed to his home. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO STEVEN D. WHITE, SENIOR APPRAISER, UPON HIS RETIREMENTAFTER 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. Page 2 of 2 ACTION NO. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: 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 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Charlotte Poff, Social Services Aide, retired on January 1, 2016, after more than thirty-five (35) years of service. Ms. Poff is unable to attend the meeting and her resolution and quilt will be mailed to her home. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2016 and 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 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. Page 2 of 2 ACTION NO. 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 1 ACTION NO. ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2016 AGENDA ITEM: Resolution requesting acceptance of Archrest Drive and Nover Avenue into the Virginia Department of Transportation Secondary System SUBMITTED BY: APPROVED BY: Tarek Moneir Deputy Director of Development Services Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Archcrest Drive and Nover Avenue are located in the Hollins Magisterial District. See exhibit A for exact location. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the roads are acceptable to be included in the VDOT Secondary System. The County of Roanoke requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept, as described by the AM - 4.3, 0.07 miles of Archcrest Drive from the intersection of Route 117 (Peters Creek Road) to the intersection of Route 1839 (Nover Avenue) & 0.06 miles of Nover Avenue from 0.11 miles west of the intersection of Route 1841 & Route 1839 to the intersection of 1839 & 1979. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the attached resolution requesting VDOT to accept Archcrest Drive and Nover Avenue into the Secondary Road System. Page 1 of 2 Attachments: Resolution AM 4.3 Form Vicinity Map — Exhibit "A" 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 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. Page 2 of 2 In the County of Roanoke ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted February 23, 2016 The following VDOTForm AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision 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 --—————————————————————————————————————————- • 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 AM -4.3 (4/20/2007) Maintenance Division Date of Resolution: February 23, 2016 Page 1 of 1 r.11 §Dn6% Ix J -IT Exhibit A NORTH DESCRIPTION LENGTH ROW WIDTH As listed in the AM -4.3 Miles Feet Feet 1. Archcrest Drive; From: Int. of Rt. 117 (Peters Creek ���°--- -_-�----_----- - 60 40 ------- 925' W�45 ESM'T EX. 2OW&@ ESMT P.B. ITBO. PG. Phi To: Int. 1839 & 1979 0.06 50 24 l'- ISI L �'1.. 6 iii I ,cH Poir� �r �M I ,1 rt LU w: n Goodwill LU ��I O 0f LU LU W (' I LU r r E 11 1-110 snrw ..� W I pah�: ar ARCHCREST DRIVE Y l DING C : — 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 DEVLOPMENT ACTION NO. 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 1 L-1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Fund Revenue Audited balance at June 30, 2015 $ 21,799,195 11.00% Appropriated from 2015-2016 budget 506,153 Balance at February 23, 2016 $ 22,305,348 11.01 % ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues $198,174,499 11 % of General Fund Revenues $21,799,195 ** 2015-16 - Goal of 11 % of General Fund Revenues 2015-16 General Fund Revenues $202,656,326 11% of General Fund Revenues $22,292,196 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator L-2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Audited balance at June 30, 2015 $ 1,586,627 Appropriated for 2015-16 Capital budget (907,344) July 28, 2015 Appropriation to purchase voting machines and equipment (384,000) November 10, 2015 Allocation from expenditures for year end close out June 30, 2015 649,431 Balance at February 23, 2016 $ 944,714 Maior Countv Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2015 $ 2,614,612 Appropriated for 2015-16 Capital budget (1,583,412) November 10, 2015 Allocation from revenues for year end close out June 30, 2015 $1,631,084 Balance at February 23, 2016 $ 2,662,284 Technoloav Capital Reserve (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Audited balance at June 30, 2015 $ 314,058 Allocation to Computer Replacement Account (100,000) Balance at February 23, 2016 $ 214,058 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator L-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2015-2016 Original Budget $ 50,000 November 10, 2015 Appropriated funds to initiate the Intervenor process and develop strategy (15,000) Balance at February 23, 2016 $ 35,000 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding June 30, 2015 Additions Deletions General Obligation Bonds $ VPSA School Bonds State Literary Loans Lease Revenue Bonds Capital Lease obligation Submitted By Approved By 5,332,236 $ 104, 311,123 1,825,775 76,949,408 741,516 $ 189,160, 058 $ - Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator 7,761,248 - 1,825,775 955,424 - 741,516 L-4 Outstanding February 23, 2016 $ 5,332,236 96,549,875 75,993,984 $ 11, 283, 963 - $ 177, 876, 095 ACTION NO. ITEM NUMBER L.5 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 ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31 -Jan -16 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON 5,786,755.14 5,786,755.14 GOVERNMENT: SCOTT STRINGFELLOW CONTRA 411.00 SCOTT STRINGFELLOW 58,009,791.69 WELLS FARGO 15,000,000.00 WELLS FARGO CONTRA (5,200.00) 73,005,002.69 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 10,187,269.49 10,187,269.49 MONEY MARKET: BRANCH BANKING & TRUST 1,082,347.40 SCOTT STRINGFELLOW - JAIL 1,103,590.79 SCOTT STRINGFELLOW 8,190,729.90 UNION FIRST 3,076,667.14 VALLEY BANK/BNC 2,513,631.89 WELLS FARGO 4,599,852.18 20,566,819.30 TOTAL 109, 545, 846.62 02/23/2016 ACTION NO. ITEM NO. M-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 Accounts Paid- January 2016 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 6,900,207.38 Payroll 01/15/16 1,295,826.61 68,775.73 1,364,602.34 Payroll 01/26/16 1,189,019.97 52,429.45 1,241,449.42 Manual Checks - - - Grand Total $ 9,506,259.14 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. _ N 0 LO V a O N l!7 V O r r O O N aD _ O_ M O y l!7 0 LO LO M O 00 00 N r O N N O 00 O r a r (h r 00 — O V M N O m 00 V O N r N O N N V m 0 cN,) V R Aii J O 0 N R 7 V a O 0 (O M 00 O 00 00 m O O 00 0 00 r V 00 N 0 r V 0 LO 0 (O O LO (O O a 00 O M O O (O M r N O V 0 LO V O r r O cl LQ N N 00 V 0 V 00 O O 00 0 - N (O r O (h 00 (O M M e 0 V V 00 V LO r aD (3 O V 0 O V O a 1- (h Cl) ' 0 (h LO (o V Cl) 0') V O r LO Op N c LL N � � � L d O � O r O � O O 0 (O M 00 O 00 00 m O O 00 0 00 r V 00 N 0 r V 0 LO 0 (O O LO (O O a 00 O M O O (O M r N O V 0 LO V O r r O cl LQ N N 00 V 0 V 00 O O 00 0 - N (O r O (h 00 (O M M e 0 V V 00 V LO r aD (3 O V 0 O V O a 1- (h Cl) ' 0 (h LO (o V Cl) 0') V O r LO Op N O LO (O O N r M 0 O r O O V M Or m O (O V 00 0 V O O r V N O (O V V N O r M V N N M V O 0 M O r O w r 00 r M O 1-00 O O r N V O N 0 (h (O r O V O V l!7 M V V V O O O (O N (O LO LO a ON 00 l!7 00 ( (h O m 0 0 O M O O r O 0 0 N V r N O O CO r 7v O O 00 O V M O O (O r O 00 O N LO N O I-_ O 00 O 00 r V O LO r M - (O (O (h M 0 m N O O (O 00 O V (0 0 0 l!7 r N 0 L V O 0 O N V L O V (n 00 V O V (h r N (h 0 O 00 V 00 LO 00 N 00 (1) V W N N O O O 00 O OV 0 O LO L2 LO - N LO V N 0 (O O O M O 0 oc V 00 M r - � N - (h 00 - V (V m LO O O O O Ln O O O O O O O O O O O O O LO LO O It O O N O O O - O O O O O O O O LO O (o O r r O 00 O O O O O (o O O O O O O O (O 00 O (n O 0 (' O N LO m O O 00 I- LO O LO O O LO O O 00 V w LO 00 N LO r- 00 00 O 0 V (O M r O N O 0 N 0 V LO r 0 w M - r N 00 r 0 00 (o (J 00 (, V N N 0 O O Cn V N N m O m (O N -: -: V M Oro (h r LO N (O W V r O V 0 O O 0 r M w r O LO O r N 00 O N 0 (h u7 O 00 O O LO V (O V LO 0 N N V 0 O O 0 0 m O m O O O r r O 00 00 r 00 m O V O O O O 00 r- 0 O (O V M LO V V N ' V N 0 V V a LO LO LO N N LO O O (O I-- r N m 0 O (O N O 00 r N (n (0 O V O O 00 00 O O V m O LO LO 00 V V (O V N V LO O O r O V LO 0 (h O N 0 00 M N 00 (O V O V V r cl 0 a LQ r r O O 00 V (O N N a O M O O 00 (O N V V 0 N I- M O N (O O O LO O O 0 00 O ^ 00 O 0000 r oc N M I O M r (O 0 r LO O O V (n (G 00 N N O O O O O O O O O O O O O O O O O O O O LO 0 O m O O 0 O O O Ln O O O O O O O O O O O O O r r O m O O O M O O O O O O O O O O O O O 0 (h LO N O O O 00 C1 O O L6 O O O L6 O L6 L V a L6 00 N N LL � � .� Q I� O m 0 0 O M O O r O 0 0 N V r N O O CO r 7v N V O I- - Lq O O r V V 0 V 0 O O 0? 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ITEM NO. N-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: Work session to discuss Roanoke County workforce demographics and Total Compensation as relates to the fiscal year 2016-2017 Operating Budget SUBMITTED BY: Carlan Myers, Director of Human Resources; Rebecca Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This work session will provide information to the Board of Supervisors on Roanoke County workforce demographics and Total Compensation. The information presented will provide context for upcoming fiscal year 2016-2017 operating budget deliberations. The attached Power Point presentation will be shown. Page 1 of 1 Z O Q z LU a H� Z W V J 0 0 F- LU 06 W U D2 � a w� 000 M 2 � 00 w tia qr= LU N � ('60 N � >. 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