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."
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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
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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)
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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
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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
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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.
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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.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 23, 2016
RESOLUTION SUPPORTING THE DESIGNATION OF THE ROANOKE
VALLEY REGION AS VIRGINIA'S BLUE RIDGE AND DIRECTING
ROANOKE COUNTY'S USE OF THE VIRGINIA'S BLUE RIDGE BRAND
ON COUNTY PROMOTIONAL AND MARKETING MATERIALS IN
SUPPORT OF EXPANDED DESTINATION TRAVEL AND TOURISM
Whereas, travel in Virginia's Blue Ridge generates nearly $784 million in travel
expenditures annually by visitors and supports over 7,600 jobs; and provides more than
$55 million in direct state and local tax revenue;
Whereas, leisure travel, which accounts for more than three-quarters of all trips
taken in the United States, supports our region's arts, entertainment, and recreation
sectors of tourism and spurs local job creation; and
Whereas, traveler spending in our region enhances the lives of local residents
through sales taxes paid by out-of-town guests, thereby decreasing residents' taxes to
cover services enjoyed by all; and
WHEREAS, travel and tourism are vital components of Virginia's diverse
economy, a cornerstone of our vibrant quality of life, and a catalyst for entrepreneurship,
cultural enrichment, historic preservation, community revitalization and economic
growth; and
WHEREAS, the goal of the Roanoke Valley Convention & Visitors Bureau is to
promote the travel and tourism industry in the region, direct the development of local
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tourism marketing programs, and increase the prosperity and welfare of the people of
Roanoke County; and
WHEREAS, in an effort to market Virginia's Blue Ridge as a premier travel
destination, the Roanoke Valley Convention & Visitors Bureau works in partnership with
localities, businesses, and non-profit institutions to extend the appeal, reach and impact
of the "Virginia's Blue Ridge" brand; and
WHEREAS, the Virginia's Blue Ridge brand promotes a positive and attractive
image, regionally, nationally and globally; and
WHEREAS, Roanoke County desires to work with other regional governments
and private businesses to unite under one regional brand, Virginia's Blue Ridge; and
WHEREAS, Roanoke County in cooperation with regional governments desires
to cooperate, develop, and maintain a consistent message that supports the Virginia's
Blue Ridge brand.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors joins its regional partners in designating this region as Virginia's Blue Ridge
and directs that Roanoke County marketing and promotional materials support the
Virginia's Blue Ridge brand, encouraging the growth of destination travel and tourism
within the greater Roanoke Valley.
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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
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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
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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
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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.
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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.
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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
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WHEREAS, the County wishes to amend its self-insurance program regarding
coverage for volunteers so that the provisions of the program are consistent with the terms
of the Act; and
WHEREAS, this Amendment shall cause the Code of Roanoke County to conform
to the provisions of the Act with regard to volunteers; and
WHEREAS, in recognition of the public service role that volunteers provide for the
County, the County has procured certain insurance under a Blanket Accident policy and
a general liability policy with VACORP that may otherwise provide some limited medical
payment coverage for volunteers performing approved volunteer services for the County;
and
WHEREAS, this Amendment shall not be construed to apply to or otherwise affect
any applicable benefits that those registered emergency fire and rescue volunteers who
perform volunteer emergency fire and rescue roles for the County currently receive
following accident or injury in the course of their volunteer fire and rescue roles; and
WHEREAS, this Amendment codifies and memorializes the current practices of
the Roanoke County Office of Risk Management; and
WHEREAS, this Amendment is drafted to promote good stewardship of the
taxpayer funds entrusted to the self-insured program; and
WHEREAS, Article IV of the Roanoke County Code, Section 2-81 defines "covered
persons" under the program. This amendment will remove "volunteers" from the list of
"covered persons" and instead, will specify that "fire and rescue volunteers" are "covered
persons" under the program.
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
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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
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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 _
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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
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BLOCK , ✓#7887
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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"
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P.B. 3 PG. 57
CHORD DIST.=28.42'
1
INSTR. # 201505648
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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
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N36°51'00"W 245.00' -_
X24" SD---- ❑
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LOT 5-A t' . _ LOT 1 & w/ PT LOT 2
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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.......................................................
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23-6.3 Final Inspection and Record Documentation .....................................
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Section 23-7 Post Construction Inspection, Maintenance and Repair
Of Stormwater Management Facilities ............................................ 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 ''
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Chapter 23
Stormwater Management Ordinance
County of Roanoke, Virginia
INTRODUCTION
The County of Roanoke is home to a vast array of scenic natural resources, from the
mountains that span our landscape to the streams that flow through our valleys. This
picturesque environment has embraced generations of citizens while drawing in more
newcomers every year. The continual increase in population aids in the growth and
development of this area, improving jobs and enhancing economic stability. Yet,
intensive development can degrade the beautiful natural resources that make the
County so special.
Inadequate management of stormwater runoff from land -disturbing activities and
development in watersheds increases flood flows and velocities, erodes and/or silts
stream channels, pollutes water, overloads existing drainage facilities, undermines
floodplain management in downstream communities, reduces groundwater recharge,
and threatens public safety. More specifically, surface water runoff can carry pollutants
into receiving waters.
The Roanoke River and many of its tributaries inside the County are listed as impaired
waters by the Virginia Department of Environmental Quality (DEQ).
Many future problems can be avoided through proper stormwater management, and the
County is dedicated to preventing the damaging effects that uncontrolled stormwater
may present. The lands and waters of Roanoke County are valuable natural resources
that need to be protected. The County finds that it is in the public interest to establish a
stormwater management program.
Pursuant to Code § 62.1-44.15:27, this ordinance is part of an initiative to integrate the
County of Roanoke's stormwater management requirements with the County of
Roanoke's erosion and sediment control (Chapter 8.1) and floodplain management
(Section 30-74) requirements into a unified stormwater program. The unified
stormwater program is intended to facilitate the submission and approval of plans,
issuance of permits, payment of fees, and coordination of inspection and enforcement
activities into a more convenient and efficient manner for both the County of Roanoke
and those responsible for compliance with these programs.
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SECTION 23-1
GENERAL PROVISIONS
Section 23-1.1 TITLE AND AUTHORITY
A. This ordinance shall be known as the "Stormwater Management Ordinance of the
County of Roanoke, Virginia."
B. Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Roanoke
hereby establishes a Virginia Stormwater Management Program (VSMP) for
land -disturbing activities 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:
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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.
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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.
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B. Any land -disturbing activity shall be considered grandfathered and shall be
subject to the Part II C technical criteria of the Regulations, provided:
A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan, or any
document determined by 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,
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not under construction, shall become subject to the technical criteria in effect at
that time.
G. An operator may choose to decline grandfather status and to instead comply with
the technical requirements of section 23-1.6 of this ordinance. Nothing in this
section shall preclude an operator from constructing to a more stringent standard
at his discretion.
Section 23-1.8 STORMWATER MANAGEMENT DESIGN MANUAL
A. The County will utilize the policies, criteria, and information contained within the
County Stormwater Management Design Manual for proper implementation of
the requirements of this ordinance.
B. The County Stormwater Management Design Manual may be updated and
revised from time to time. The Administrator shall recommend any updates,
supplements, or modifications of the County Stormwater Management Design
Manual subject to the authorization and approval by the Board of Supervisors by
resolution.
Section 23-1.9 COUNTY RIGHT OF ENTRY
A. The Administrator and/or duly authorized employees, agents, or representatives
of the County, bearing proper credentials and identification, may, at any
reasonable times and under reasonable circumstance, enter any establishment
or upon any property, public or private, which has a VSMP permit or a
maintenance agreement, for the purpose of enforcing this ordinance, including,
but not limited to:
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
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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.
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"Clean Water Act or CWA" means the federal Clean Water Act (33 United States
Code 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law
97-117, or any subsequent revisions thereto.
"Common plan of development or sale" means a contiguous area where separate
and distinct construction activities may be taking place at different times on different
schedules.
"Control measure" means any best management practice or other method used to
prevent or reduce the discharge of pollutants to 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.
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"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.
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"Permittee" means the person to whom the VSMP Authority permit is issued
"Person" means any individual, corporation, partnership, firm, association, joint
venture, public or private or municipal corporation, trust, estate, commission, board,
public or private institution, utility, cooperative, county, city, town or other political
subdivision of the Commonwealth, any interstate or governmental body, or any other
legal entity, or any agent or employee of any such person.
"Regional stormwater management facility" or "Regional facility" means a facility
or series of facilities designed to control some or all of the adverse impacts from
stormwater runoff from two or more parcels or lots, located in the same watershed,
although only portions of the area may experience development.
"Regulations" means the Virginia Stormwater Management Program (VSMP) 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.
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"Stormwater Management Facility" or "SWMF" means a device that controls
stormwater runoff and changes the characteristics of that runoff including, but not
limited to, the volume, rate of flow, quality, the period of release, or the velocity of flow.
"Stormwater management plan" means a document(s) containing material feF
describing methods for complying with the requirements of Section 23-3.5 of this
Ordinance.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is
prepared in accordance with good engineering practices and that identifies potential
sources of pollutants that may reasonably be expected to affect the quality of
stormwater discharges from the construction site, and otherwise meets the
requirements of this Ordinance. In addition, the document shall identify and require the
implementation of control measures, and shall include, but not be limited to, the inclusion
of, or the incorporation by reference of, an approved erosion and sediment control plan,
an approved stormwater management plan, and a pollution prevention plan.
"Subdivision" means the division of a parcel of land into two (2) or more parcels of any
size by the establishment of new "^,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
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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_
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numbering
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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
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and
Description of any additional control measures necessary to
address a TMDL.
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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.
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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
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Administrator and approved prior to the release of bonds. The construction
record drawing shall be appropriately sealed and signed by a professional
registered in the Commonwealth, certifying that the stormwater management
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facilities have been constructed in compliance with the approved plan.
—Stormwater management facilities include all storm drain structures, storm drain
pipes, culverts, open channels, BMPs, and all other facilities used to convey,
control, or treat stormwater runoff.
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;
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(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
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are not limited to, the costs of land, professional services for investigations,
studies, design, environmental permitting, surveying, construction phase
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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.
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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.
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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--
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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
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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
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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.
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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.
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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,
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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
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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.
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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
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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.
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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-
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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.
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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
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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
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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
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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
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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
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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.
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ACTION NO.
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
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