7/27/2021 - Regular - DRAFT
July 27, 2021
427
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second, regularly scheduled
meeting of the month of July 2021. Audio and video recordings of this meeting will be
held on file for a minimum of five (5) years in the office of the Clerk to the Board of
Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman P. Jason Peters; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and David F. Radford
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Lubeck added a closed session, Section 2.2-3711(A)(7) of the Code of
Virginia for the purpose of consultation with legal counsel and briefings by staff
members or consultants pertaining to actual or probable litigation, where such
consultation or briefing in open meeting would adversely affect the negotiating or
litigating posture of the public body. Specifically, the Board will discuss a pending class-
action suit against Monsanto, a former manufacturer and seller of polychlorinated
biphenyls. There were no objections.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution congratulating the Glenvar High School Girls Track
Team for winning the Virginia High School League (VHSL) Class 2
Championship (Martha B. Hooker, Supervisor, Catawba
Magisterial District)
Resolution was read. All Supervisors offered their congratulations.
RESOLUTION 072721-1 CONGRATULATING THE GLENVAR
HIGH SCHOOL GIRLS OUTDOOR TRACK TEAM FOR WINNING
THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL) CLASS 2
CHAMPIONSHIP
WHEREAS, athletic competitions are an important and integral part of the team
curriculum at schools in Roanoke County; teaching cooperation, sportsmanship,
teamwork and athletic skill; and
WHEREAS, on June 19, 2021, the Glenvar High School Girls’ Outdoor Track
Team won the Class 2 team State championship at James Madison University. The
Highlanders outscored runner-up Strasburg 76-49½; and
WHEREAS, Senior Isabella Pope was a member of the 4 x 8 Relay Team that
took eighth overall in the State and is also a member of the Girls Swim Team that took
first in State in both 2020 and 2021; and
WHEREAS, rising sophomore Emma Pope was a member of the 4 x 8 Relay
Team that took eighth overall in the State; and
WHEREAS, rising sophomore JoAnna Killeen was a member of the 4 x 8 Relay
that took eighth overall in the State; and
WHEREAS, rising junior Isabella Miller was a member of the 2A girls 4 x 1 Relay
Team that took ninth overall in the State; and
th
WHEREAS, rising junior Adrianna Hall was 13 in the 2A State for girls 400
meter dash, was a member of the 2A girls 4 x 1 Relay Team that took ninth overall in
the State and was a member of the girls swim team that took first in 2A State in both
2020 and 2021; and
WHEREAS, rising junior Brooklyn Woolwine was a member of the 2A girls 4 x 1
Relay Team that took first place in 2A State. Brooklyn was in her first year of running
hurdles for the Highlands and was tenth overall in the 2A State girls 100 meter hurdles
and tenth in the 2A State girls 300 meter hurdles; and
WHEREAS, rising junior Rhyann Harris was a member of the 2A girls 4 x 1Relay
Team that took first place in 2A State and third place in the 2A State for girls’ 400 meter
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dash. Brooklyn is a multi-sport athlete that pays volleyball, basketball, soccer and runs
track. She was the first female at Glenvar to compete in the Pole Vault and was fifth
overall in 2A State; and
WHEREAS, rising junior Kennerly Nichols was a member of the girls 4 x 1 relay
that took ninth place in 2A State. Kennerly is a multi-sport athlete that wrestles, plays
soccer and runs track and threw shot and discus for the Highlanders; and
WHEREAS, rising Senior Carly Wilkes was a member of the girls 4 x 4 relay that
took first place in 2A State; was a 2020/2021 Gatorade Girls Cross Country Player of
the Year. Carly won first place in 2A State for girls 800 meter with a time of 2:18 and
first place in 2A State for girls 1600 with a time of 4:59. She was a also a member of
the girls swim team that took first in 2A State in both 2020 and 2021 and member of the
girls indoor track team that took first place in 2A State this past year; and
WHEREAS, rising junior Sydney Loder was a member of the girls 4 x 4 Relay
Team that took first place in 2A State; placed third in 2A State for girls high jump; first in
2A for girls 100 hurdles; and first place in 2A State for girls 300 hurdles. Sydney was
also a member of the girls indoor track team that took first place in 2A State in 2021;
and
WHEREAS, rising senior Delaney Eller was a member of the girls 4 x 4 Relay
Team that took first place in 2A State; placed eighth in 2A State for girls 800 meter and
placed second in 2A State for girls 400 meter. Delaney was also a member of the girls
swim team that took first place in 2A State in both 2020 and 2021 and was a member of
the girls indoor track team that took first place in 2A State this past year; and
WHEREAS, the team represented their school and community with great
character, poise and sportsmanship. They are a true asset to Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
members of the GLENVAR HIGH SCHOOL GIRLS OUTDOOR TRACK TEAM; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: NEW BUSINESS
1. Resolution authorizing and approving the Virginia Abatement
Fund Settlement Allocation Memorandum of Understanding (Peter
S. Lubeck, County Attorney)
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Supervisor Mahoney inquired about a timeframe for final resolution and if
other localities are signing. Mr. Lubeck responded they have been holding monthly
meeting with counsel and localities; they are all supportive. He added that with regard
to a timeframe, we should know more about the bankruptcy in the new few months;
hopefully before December.
Supervisor North inquired if Mr. Lubeck has an estimate on how much the
settlement would be with Mr. Lubeck responding he did not.
Supervisor Radford asked about costs with Mr. Lubeck responded there
are no upfront costs.
There was no further discussion.
RESOLUTION 072721-2 AUTHORIZING AND APPROVING THE
VIRGINIA ABATEMENT FUND SETTLEMENT ALLOCATION
MEMORANDUM OF UNDERSTANDING
WHEREAS, the County of Roanoke (the “County”), through its Board of
Supervisors and counsel, and the Commonwealth of Virginia, through the Office of the
Attorney General, are separately engaged in litigation seeking to recover costs incurred
and to be incurred in abating the opioid addiction epidemic that plagues Virginia
communities;
WHEREAS, the County and the Commonwealth of Virginia share a common
desire to abate and alleviate the impacts of the opioid addiction epidemic and to
maximize litigation recoveries from those third parties responsible for same;
WHEREAS, in order to advance their common interests, the County and the
Commonwealth of Virginia, through counsel, have extensively negotiated the terms of a
memorandum of understanding relating to the allocation and use of such litigation
recoveries;
WHEREAS, the County’s outside opioid litigation counsel has recommended that
the County approve the proposed memorandum of understanding; and
WHEREAS, the County Attorney has reviewed the available information about
the proposed memorandum of understanding and concurs with the recommendation of
outside counsel;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, assembled on this day at which a quorum is present, that the
County hereby authorizes and approves, or confirms authorization and approval, of the
Virginia Abatement Fund and Settlement Allocation Memorandum of Understanding
attached hereto and incorporated herein by reference thereto as Exhibit “A”, and directs
the County Administrator or any Assistant County Administrator to execute and enter
into such Memorandum of Understanding on behalf of the County.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Resolution authorizing the County of Roanoke to enter into a
Memorandum of Understanding with the Town of Vinton, for the
County to support the Vinton Hotel Redevelopment Project (Jill
Loope, Director of Economic Development)
Ms. Loope outlined the request for resolution. Mayor Bradley Grose
spoke briefly in support and advised he is excited about the partnership. He thanked
the Board and staff in both Vinton and Roanoke County.
Supervisor Radford asked how many floors, with Ms. Loope estimating
three or four.
Supervisor North commented that he welcomed a new economic
development project.
Supervisor Peters remarked this is a win-win for our region. There was no
further discussion.
RESOLUTION 072721-3 AUTHORIZING THE COUNTY OF
ROANOKE TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE TOWN OF VINTON, FOR THE
COUNTY TO SUPPORT THE VINTON HOTEL
REDEVELOPMENT PROJECT
WHEREAS, the Town of Vinton’s Comprehensive Plan and Downtown Master
Plan have created a vision for downtown Vinton; and
WHEREAS, the County joins the Town in its desire to make economic
development in the downtown area of Vinton a priority; and
WHEREAS, the Town has proposed to enter into a performance agreement with
the Roanoke County Economic Development Authority and The McDevitt Company, to
redevelop a group of parcels of real estate, to be known as “Vinton Hotel,” located at the
st
intersection of South Pollard Street, 1 Street and Cedar Avenue in the Town of Vinton,
comprised of the following:
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Vinton Hotel Redevelopment Project
Tax Map No. Address
060.15-06-38.00-0000 0 Cedar Ave.
060.15-06-39.00-0000 0 Cedar Ave.
060.15-06-40.00-0000 35 Cedar Ave.
060.15-06-41.00-0000 509 S. Pollard St.
060.15-06-42.00-0000 0 S. Pollard St.
060.15-06-43.00-0000 537 S. Pollard St.
and;
WHEREAS, the Town has requested the County’s financial support of the Vinton
Hotel project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That upon entry of a performance agreement by the Town, the Roanoke
County Economic Development Authority, and The McDevitt Company, the
County Administrator is hereby authorized to enter a Memorandum of
Understanding, on behalf of the County, with the Town of Vinton, in
substantial form as attached to this resolution, but with any minor changes
that may be necessary, as approved by County Attorney, for the County to
provide financial assistance to support the Vinton Hotel redevelopment
project.
2. Such financial assistance shall be limited to up to $30,000 in building permit
fees, and three annual payments not to exceed $150,000 each, from net new
taxes generated from the Vinton Hotel parcels during the preceding tax year.
Net new taxes shall be any taxes received in excess of any taxes received
from the Vinton Hotel properties for tax year 2020. Total payments for all
three years, including permit fees, will not exceed $480,000.
3. The first full year of Vinton Hotel’s operations is expected to be 2023.
Accordingly, the County’s first payment to Vinton are expected to be made in
January 2024, and payments are expected to conclude in January 2026.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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3. Revised resolution of the Board of Supervisors of Roanoke
County, Virginia declaring its intention to reimburse expenditures
from the proceeds of a financing for costs associated with the
William Byrd High School renovations (Laurie Gearheart, Director
of Finance and Management Services)
Ms. Gearheart outlined the request for resolution.
Supervisor North inquired as to the interest rate with Ms. Gearheart responding
staff is in the preliminary state and does not know at this point in time.
REVISED 072721-4 RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA,
DECLARING ITS INTENTION TO REIMBURSE
EXPENDITURES FROM THE PROCEEDS OF A FINANCING
FOR COSTS ASSOCIATED WITH THE WILLIAM BYRD HIGH
SCHOOL RENOVATIONS
Whereas, the Board of Supervisors of the County of Roanoke, Virginia
(the "County") has determined that it may be necessary or desirable to advance
money to pay the costs associated with the William Byrd High School renovations
Project (the "Project") before undertaking a tax-exempt financing for some or all of
the costs of the Project.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent
under Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made
or to be made to pay the costs of designing, constructing and equipping the
Project from the proceeds of a tax-exempt financing.
3. On the date each advance is made, it will be a capital expenditure (or
would be with a proper election) under general federal income tax principles or will
otherwise comply with the requirements of Treasury Regulations Section 1.150-
2(d)(3).
4. The revised expected maximum principal amount of the tax-exempt
financing to be incurred for the Project is $ 22,441,541.
5. The adoption of this revised resolution is consistent with the budgetary
and financial circumstances of the County.
6. This revised resolution shall take effect immediately upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving a lease with Eagle America, LLC. for
placement of County Communications and Information
Technology infrastructure on Twelve O’clock Knob Road (Susan
Slough, Assistant Director of Communications and Information
Technology)
There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading and public hearing for August 10, 2021, was seconded by Supervisor Radford
and approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance authorizing the granting of a new three hundred and
ten square foot (310 S.F.) drainage easement to the Board of
Supervisors of Roanoke County, on property owned by Stephen
R. Stimeling, II (Tax Map No. 038.11-05-01.00-0000) located at 303
Vista Avenue, for the purpose of drainage improvements, Hollins
Magisterial District (Tarek Moneir, Director of Development
Services)
There was no discussion.
Supervisor North’s motion to approve the first reading and set the second
reading and public hearing for August 10, 2021, was seconded by Supervisor Mahoney
and approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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3. Ordinance authorizing the granting of a new fifteen foot (15’)
drainage easement to the Board of Supervisors of Roanoke
County on property owned by Fred L. Haynes, Jr. and Terri K.
Haynes (Tax Map No. 095.01-02-41.00-0000), located at 7186 Bent
Mountain Road, for the purpose of drainage improvements,
Windsor Hills Magisterial District (Tarek Moneir, Director of
Development Services)
Supervisor Mahoney commented it appears the easement clips the corner
of the home; is this correct with Mr. Moneir advising in the negative. There was no
further discussion.
Supervisor Radford’s motion to approve the first reading and set the
second reading August 10, 2021, was seconded by Supervisor Mahoney and approved
by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
4. Ordinance authorizing the acquisition of one-half (1/2) interest in
three parcels of real property containing approximately 34 acres
adjacent to Explore Park, located in Roanoke County and in
Bedford County; and authorizing execution of a purchase
agreement, a deed of conveyance, and other documents
necessary to accomplish the acquisition of this real estate
(Lindsay Webb, Parks Planning and Development Manager)
Ms. Webb outlined the request for ordinance.
Supervisor Radford asked if this property will be in the future plan of the
Explore Park Adventure Park with Ms. Webb responding in the affirmative.
Supervisor Mahoney stated knowing in the past some of the
environmental issues that have accompanied other property acquisitions around
Explore, do you anticipate any environmental issues popping up on this acquisition. Ms.
Webb responded there will be a Phase I Environmental Study, but not aware of any
issues.
There was no further discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading August 10, 2021, was seconded by Supervisor North and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving a public utility easement to Roanoke Gas at
2121 and 2131 Cardinal Park Drive (Tax ID number 071.07-03-
04.00-0000 and 071.11-01.01.00-0000) in the Vinton Business Park
(Doug Blount, Director of General Services and Parks, Recreation
and Tourism)
Mr. Blount advised no changes since the first reading held on July 13,
2021. There was no discussion.
ORDINANCE 072721-5 APPROVING PUBLIC UTILITY
EASEMENTS TO ROANOKE GAS COMPANY ON TWO
PARCELS OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS AND THE TOWN OF VINTON (TAX MAP
NUMBERS 071.07-03-04.00.0000 AND 071.11-01-01.00-0000)
WHEREAS, Roanoke Gas Company periodically requests easements from
Roanoke County as gas line adjustments or a change in service is necessary, and
Roanoke Gas Company and Roanoke County work collectively together on projects
when the need arises; and
WHEREAS, Roanoke Gas Company has requested new easements to expand
gas service to Montgomery Village subdivision located in the Vinton Magisterial District;
and
WHEREAS, to expand service to Montgomery Village, new easements must be
approved by Roanoke County and Town of Vinton; and
WHEREAS, Town of Vinton has added this item to their July 20, 2021 meeting
agenda; and
WHEREAS, the easement is 22,675 square feet and .5206 acres as documented
on the plat entitled, “Plat from Records Showing Two (2) New 20’ Gas Line Easements,
Located on the Property of the Town of Vinton, D.B. 1251, PG. 234, and The Roanoke
County Board of Supervisors, Instrument #200701817, Detention Lot & Lot 2, “Vinton
Business Center” Plat Book 27, Page 55-57, Situated at #2121 & #2131 Cardinal Park
Dr., Vinton Magisterial District, Roanoke County, Virginia,” dated January 4, 2021, and
prepared and sealed by Larry Thomas Ogle, Jr. (Lumsden Associates, P.C.); and
WHEREAS, the easement does not impact the development of either parcel; and
WHEREAS, the easement has been coordinated with Roanoke County
Economic Development Department, Roanoke County Development Services
Department and Town of Vinton.
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WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the
interest in real estate to be conveyed is hereby declared to be surplus, and
1. is hereby made available for conveyance to Roanoke Gas Company for a
gas line easement.
2. That conveyance to the Roanoke Gas Company of new gas line
easements as shown and described upon the plat entitled “Plat from Records Showing
Two (2) New 20’ Gas Line Easements, Located on the Property of the Town of Vinton,
D.B. 1251, PG. 234, and The Roanoke County Board of Supervisors, Instrument
#200701817, Detention Lot & Lot 2, “Vinton Business Center” Plat Book 27, Page 55-
57, Situated at #2121 & #2131 Cardinal Park Dr., Vinton Magisterial District, Roanoke
County, Virginia,” dated January 4, 2021, and prepared and sealed by Larry Thomas
Ogle, Jr. (Lumsden Associates, P.C.), a copy of which is attached hereto as Exhibit A, is
hereby authorized and approved.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on a form approved by
the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance 1) accepting and appropriating $355,000.64 in grant
funding from the Virginia Department of Emergency Management
(VDEM) to the County's grant fund for technology upgrades to the
County's NG9-1-1 Public Safety Answering Points (PSAP), and 2)
reallocating $95,000 (from the Communications/IT administrative
fund) and $65,959.32 (from the Communications shop fund) to the
grant fund to further finance such technology upgrades (Susan
Slough, Assistant Director of Communications and Information
Technology)
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There have been no changes since the first reading of this ordinance on
July 13, 2021. There was no discussion.
ORDINANCE 072721-6 1) ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $355,000.64 FROM THE
COMMONWEALTH OF VIRGINIA (AN AWARD FROM THE
VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT) TO
THE COUNTY'S GRANT FUND FOR TECHNOLOGY UPGRADES
TO THE COUNTY'S NG911 PUBLIC SAFETY ANSWERING
POINTS (PSAP), AND 2) REALLOCATING $95,000 (FROM THE
COMMUNICATIONS/IT ADMINISTRATIVE FUND) AND
$65,959.32 (FROM THE COMMUNICATIONS SHOP FUND) TO
FURTHER FINANCE SUCH TECHNOLOGY UPGRADES
WHEREAS, the Virginia Department of Emergency Management (VDEM) is
urging localities to update the technology of their phone systems to Next Generation
911 (NG911) technology; and
WHEREAS, VDEM has awarded the County a $355,000.64 grant to assist with
such upgrades, which includes $200,000 for the replacement of Call Handling
Equipment (CHE) hardware; and
WHEREAS, the replacement of CHE hardware equipment has a total cost of
$360,959.32, requiring the County to fund an additional $160,959.32; and
WHEREAS, it is proposed that $95,000 be reallocated from the
Communications/IT Administration Fund to the grant fund, and that $65,959.32 be
reallocated from the Communications Shop Fund to the grant fund, which will
collectively finance the project; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the VDEM grant in the amount of $355,000.64 is hereby accepted
and appropriated.
2. That $95,000 be reallocated from the Communications/IT Administration
Fund to the grant fund.
3. That $65,959.32 be reallocated from the Communications Shop Fund to
the grant fund.
4. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
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439
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending the Roanoke County Code by amending
Chapter 8.1 - Erosion and Sediment Control (Tarek Moneir,
Director of Development Services)
Mr. Moneir advised there were no changes since the first reading held on
July 13, 2021. Mr. Moneir advised he wanted the Board to clarify when the ordinance
will be effective; staff has no preference.
Chairman Peters opened and closed the public hearing with no citizens
speaking on this agenda item.
ORDINANCE 072721-7 AMENDING CHAPTER 8.1 (EROSION
AND SEDIMENT CONTROL) OF THE ROANOKE COUNTY
CODE
WHEREAS, in order to protect property, lower impacts to downstream property
and reduce water quality degradation due to land development, Roanoke County is
proposing revisions to Chapter 8.1 - the Erosion and Sediment Control Ordinance; and
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading was held on July 27, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the Roanoke County Code is hereby amended to read and
provide as follows:
\[1\]
Chapter 8.1 - EROSION AND SEDIMENT CONTROL
Footnotes:
--- (1) ---
Editor's note— Ord. No. 022316-7 , § 1, adopted February 23, 2016, in effect repealed
ch. 8.1, §§ 8.1-1—8.1-11 and enacted a new ch. 8.1, §§ 8.1-1—8.1-12 as set out
herein. Former ch. 8.1 pertained to similar subject matter and derived from Ord. No.
012704-9, adopted January 27, 2004; Ord. No. 082206-3, adopted August 22, 2006;
Ord. No. 092507-5, adopted September 25, 2007; Ord. No. 052708-19, adopted May
27, 2008; and Ord. No. 092308-3 adopted September 23, 2008.
Cross reference— Building regulations, Ch. 7; sewers and sewage disposal, Ch. 18;
water, Ch. 22; zoning, App. A; subdivisions, App. B.
State Law reference— Erosion and Sediment Control Law, Code of
Virginia, § 10.1-50 et seq.
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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 the Ccounty by establishing requirements for the control of soil
erosion, sediment deposition and non-agricultural runoff; and by establishing
requirements for development of steep slopes;, by developing requirements to retain
maintain and establish stream buffers; and by establishing procedures whereby these
requirements shall be administered and enforced.
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article
2.4, known as the Virginia Erosion and Sediment Control Law, and the regulations
implementing the Virginia Stormwater Management Act and the Erosion and Sediment
Control Law in 9VAC25-830 through 9VAC25-890, as applicable.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-2. - Applicability of chapter in Town of Vinton.
The provisions of this chapter shall be applicable within the corporate limits of the
Town of Vinton. Administrative procedures and review fees may be established to
accommodate the review of plans for development located within the town.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-3. - Definitions.
As used in this chapter, unless the context requires a different meaning:
Agreement in lieu of a plan means a contract between the plan-approving authority
and the owner that specifies conservation measures that must be implemented in the
construction of a single-family residence; this contract may be executed by the plan-
approving authority in lieu of a formal site plan. Agreement in lieu of a plan also means
a contract between the plan-approving authority and the owner that specifies
conservation measures that must be implemented in the construction of any land
disturbing activity, other than a single-family residence, that disturbs between two
thousand five hundred (2,500) square feet and nine thousand nine hundred and ninety-
nine (9,999) square feet; this contract may be executed by the plan-approving authority
in lieu of a formal site plan.
Applicant means any person submitting an erosion and sediment control plan for
approval or requesting the issuance of a permit, when required, authorizing land-
disturbing activities to commence.
Board means the Virginia State Water Control Board.
Certified inspector means an employee or agent of a VESCP authority who (i) holds
a certificate of competence from the board in the area of project inspection or (ii) is
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enrolled in the board's training program for project inspection and successfully
completes such program within one (1) year after enrollment.
Certified plan reviewer means an employee or agent of a VESCP authority who (i)
holds a certificate of competence from the board in the area of plan review, (ii) is
enrolled in the board's training program for plan review and successfully completes such
program within one (1) year after enrollment, or (iii) is licensed as a professional
engineer, architect, certified landscape architect or land surveyor pursuant to Article 1
(section 54.1-400 et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as
defined in section 54.1-2200 of the Code of Virginia.
Certified program administrator means an employee or agent of a VESCP authority
who (i) holds a certificate of competence from the board in the area of program
administration or (ii) is enrolled in the board's training program for program
administration and successfully completes such program within one (1) year after
enrollment.
Clearing means any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or top soil removal.
County means the County of Roanoke.
Department means the Department of Environmental Quality.
Development means a tract or parcel of land developed or to be developed as a
single unit under single ownership or unified control which is to be used for any
business or industrial purpose or is to contain three (3) or more residential dwelling
units.
Director means the Director of the Department of Environmental Quality.
District or soil and water conservation district refers to the Blue Ridge Soil and
Water Conservation District.
Erosion and sediment control plan or plan means a document containing material
for the conservation of soil and water resources of a unit or group of units of land. It may
include appropriate maps, an appropriate soil and water plan inventory, and
management information with needed interpretations and a record of decisions
contributing to conservation treatment. The plan shall contain all major conservation
decisions and all information deemed necessary by the Ccounty to assure that the
entire unit or units of land will be so treated to achieve the conservation objectives. An
erosion and sediment control plan must be prepared by a Virginia professional
engineer, land surveyor, landscape architect, architect, or professional soil scientist.
Erosion impact area means an area of land not associated with current land
disturbing activity but subject to persistent soil erosion resulting in the delivery of
sediment onto neighboring properties or into state waters. This definition shall not apply
to any lot or parcel of land of ten thousand (10,000) square feet or less used for
residential purposes.
Excavating means any digging, scooping or other methods of removing earth
materials.
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Existing undeveloped land means land that, prior to the issuance of the erosion and
sediment control permit, does not contain pavement, structures, or other hardscape
within 25 feet twenty-five (25) feet of any perennial stream or contiguous wetlands,
measured horizontally from the edge of the contiguous wetlands, or the ordinary high
water mark if no wetlands exist.
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 the "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 change to the land surface that may
result in soil erosion from water or wind and the movement of sediments into state
waters or onto lands in the Ccommonwealth, including, but not limited to, clearing,
grading, excavating, transporting and filling of land, except that the term shall not
include:
(1) Minor land-disturbing activities such as home gardens and individual home
landscaping, repairs and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance, or repairs of any underground public utility lines when
such activity occurs on an existing hard-surfaced road, street or sidewalk
provided such land-disturbing activity is confined to the area of the road, street
or sidewalk that is hard-surfaced;
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(4) Septic tank lines or drainage fields unless included in an overall plan for land-
disturbing activity relating to construction of the building to be served by the
septic tank system;
(5) Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted pursuant to Title 45.1 of the Code of
Virginia;
(6) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or
livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs
is reforested artificially or naturally in accordance with the provisions of Chapter
11 (Section 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is
converted to bona fide agricultural or improved pasture use as described in
subsection B of section 10.1-1163 of the Code of Virginia;
(7) Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
(8) Agricultural engineering operations including but not limited to the construction
of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not
required to comply with the Dam Safety Act (Va. Code §Section 10.1-604 et
seq. of the Code of Virginia), ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation;
(9) Disturbed land areas of less than two thousand five hundred (2,500) square feet
in size; , except as herein described for residential development in section 8.1-
6(e).
(10) Installation of fence and sign posts or telephone and electric poles and other
kinds of posts or poles;
(11) Emergency work to protect life, limb or property, and emergency repairs;
however, if the land-disturbing activity would have required an approved erosion
and sediment control plan, if the activity were not an emergency, then the land
area disturbed shall be shaped and stabilized in accordance with the
requirements of this chapter.
Land-disturbing permit or approval means a permit or other form of approval issued
by the Ccounty for the clearing, filling, excavating, grading, transporting of land or for
any combination thereof or for any other land disturbing activity set forth herein.
Natural channel design concepts means the utilization of engineering analysis and
fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open
conveyance system for the purpose of creating or recreating a stream that conveys its
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bankfull storm event within its banks and allows larger flows to access its bankfull bench
and its floodplain.
Ordinary hHigh wWater mMark means that line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, shelving, changes in the character of soil, destruction of
terrestrial vegetation, the presence of litter and debris, or other appropriate means that
consider the characteristics of the surrounding areas.
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.
Perennial sStream means a stream that has a well-defined channel that contains
water year- around during a year of normal rainfall. Groundwater is the primary source
of water, but the stream also carries stormwater. Disturbance of a perennial stream
may require permitting from the Virginia Department of Environmental Quality and/or the
United States Corps of Engineers.
Permittee means the person to whom the land-disturbing approval is issued or the
person who certifies that the approved erosion and sediment control plan will be
followed.
Person means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, county, city, town or other political subdivision of the Ccommonwealth, any
interstate body, or any other legal entity.
Previously developed land means land that prior to the issuance of the erosion and
sediment control permit contained pavement, structures, or other hardscape within 25
feet twenty five (25) feet of any perennial stream or contiguous wetlands, measured
horizontally from the edge of the contiguous wetlands, or the ordinary high water mark if
no wetlands exist.
Responsible land disturber or RLD means an individual holding a certificate issued
by the Ddepartment who is responsible for carrying out the land-disturbing activity in
accordance with the approved ESC plan. In addition, the RLD may be a Virginia
professional engineer, land surveyor, landscape architect, architect, or professional soil
scientist, provided that it is the same licensed professional who sealed and signed the
ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent,
project manager, contractor, or any other project or development team member. The
RLD must be designated on the ESC plan or permit as a prerequisite for engaging in
land disturbance.
Runoff volume means the volume of water that runs off the land development
project from a prescribed storm event.
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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.
Stream buffer means an area that is adjacent to a perennial stream, or contiguous
nontidal wetlands, where natural grades and natural vegetation are left undisturbed or
where vegetation is established. The stream buffer serves to protect the stream banks
from excessive erosion and to allow stormwater runoff from surrounding land to flow
through it to the stream in a diffuse manner so that the runoff does not become
channelized and which provides for infiltration of the runoff and filtering out sediment
and other nonpoint source pollutants from runoff. No land clearing or land grading that
is regulated by this ordinance shall occur in a stream buffer, except as allowed by this
ordinancein Section 8.1.6 (v).
State permit means an approval to conduct a land-disturbing activity issued by the
board in the form of a state stormwater individual permit or coverage issued under a
state general permit.
State waters means all waters on the surface and under the ground wholly or
partially within or bordering the Ccommonwealth or within its jurisdictions.
Town means the incorporated Town of Vinton.
Transporting means any moving of earth materials from one (1) place to another
place other than such movement incidental to grading, when such movement results in
destroying the vegetative ground cover either by tracking or the buildup of earth
materials to the extent that erosion and sedimentation will result from the soil or earth
materials over which such transporting occurs.
Virginia Erosion and Sediment Control Program or VESCP means a program
approved by the Bboard that has been established by a VESCP authority for the
effective control of soil erosion, sediment deposition, and non-agricultural runoff
associated with a land-disturbing activity to prevent the unreasonable degradation of
properties, stream channels, waters, and other natural resources and shall include such
items where applicable as local ordinances, rules, permit requirements, annual
standards and specifications, policies and guidelines, technical materials, and
requirements for plan review, inspection, enforcement where authorized in this article,
and evaluation consistent with the requirements of this article and its associated
regulations.
VESCP plan-approving authority means the Ddirector of the Roanoke County Office
of community developmentDdevelopment Sservices or his or her assigneedesignee,
which who is responsible for determining the adequacy of a plan submitted for land-
disturbing activities on a unit or units of lands and for approving plans.
VESCP authority or program authority means the county which has adopted a soil
erosion and sediment control program that has been approved by the Bboard.
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Water quality volume means the volume equal to the first one-half (½) inch of runoff
multiplied by the impervious surface of the land development project.
(Ord No. 022316-7 , § 1, 2-23-16)
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
Ccounty's subdivision and zoning ordinances wherein such apply to the development
and subdivision of land within the Ccounty or where such apply to development on
previously subdivided land within the Ccounty.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-5. - Local erosion and sediment control program.
(a) Pursuant to section 62.1-44.15:54 of the Code of Virginia, the Ccounty hereby
establishes a VESCP program and adopts the regulations promulgated by the
Bboard; with the exception that the requirements contained in 9VAC25-840-40.19
do not apply to the regulated land-disturbing activities that meet the requirements of
8.1-7 of this chapter; (for the effective control of soil erosion and sediment
deposition to prevent the unreasonable degradation of properties, stream channels,
waters and other natural resources) and the Virginia Erosion and Sediment Control
Handbook, as amended, and those more stringent local criteria which the Ccounty
Bboard 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."
(b) In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved
prior to July 1, 2014 that provides for stormwater management that addresses any flow
rate capacity and velocity requirements for natural or man-made channels shall satisfy
the flow rate capacity and velocity requirements for natural or man-made channels if the
practices are designed to (i) detain the water quality volume and to release it over forty-
eight (48) hours; (ii) detain and release over a 24-hour period the expected rainfall
resulting from the one (1) year, 24-hour storm; and (iii) reduce the allowable peak flow
rate resulting from the one and one half (1.5), two (2), and 10-year, 24-hour storms to a
level that is less than or equal to the peak flow rate from the site assuming it was in a
good forested condition, achieved through multiplication of the forested peak flow rate
by a reduction factor that is equal to the runoff volume from the site when it was in a
good forested condition divided by the runoff volume from the site in its proposed
condition, and shall be exempt from any flow rate capacity and velocity requirements for
natural or man-made channels.
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(c) For plans approved on and after July 1, 2014, the flow rate capacity and velocity
requirements for natural and man-made channels shall be satisfied by compliance
with water quantity requirements specified in § 62.1-44.15:28 of the Stormwater
Management Act and 9VAC25-870-66 of the Virginia Stormwater Management
Program (VSMP) regulations, unless such land-disturbing activities are in
accordance with the grandfathering provisions of the Virginia Stormwater
Management Program (VSMP) Regulations.
(d) The Ccounty hereby designates the Ddirector of community
developmentDdevelopment sServices or his or her assignee as the plan-approving
authority.
(e) The program and regulations provided for in this chapter shall be made available for
public inspection at the office of the Ddepartment of community
developmentDdevelopment sServices.
(f) Pursuant to section 62.1-44.15:53 of the Code of Virginia, an erosion and sediment
control plan shall not be approved until it is reviewed by a certified plan reviewer.
Inspections of land-disturbing activities shall be conducted by a certified inspector.
The erosion control program of the county County shall contain a certified program
administrator, a certified plan reviewer, and a certified inspector, who may be the
same person.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-6. - Regulated land-disturbing activities; submission and approval of plans;
contents of plans.
(a) Except as provided herein, no person may engage in any land-disturbing activity
until he or she has submitted to the department Department of community
developmentdDevelopment sServices an erosion and sediment control plan for the
land-disturbing activity and such plan has been approved by the VESCP authority.
No approval to begin a land-disturbing activity will be issued unless evidence of
state permit coverage is obtained where it is required. Where land-disturbing
activities involve lands under the jurisdiction of more than one (1) VESCP, an
erosion and sediment control plan, at the option of the applicant, may be submitted
to the department Department for review and approval rather than to each
jurisdiction concerned. The department Department may charge the applicant a fee
sufficient to cover the cost associated with conducting the review.
(b) Where the land-disturbing activity results from the construction of a single-family
residence, an agreement in lieu of a plan may, at the discretion of the
countyCounty, be substituted for an erosion and sediment control plan if executed
by the plan-approving authority. Additional requirements are given below:
(1) Where the land-disturbing activity, from the construction of a single-family
residence, results in less than five thousand (5,000) square feet of disturbed
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448
area, an "agreement in lieu of a plan" shall be accompanied by a plot plan that
meets the county County building permit plot plan requirements.
(2) Where the land-disturbing activity, from the construction of a single-family
residence, results in five thousand (5,000) square feet or more of disturbed
area, an "agreement in lieu of a plan" shall be accompanied by a plot plan that
meets the county County building permit plot plan requirements, prepared by a
responsible land disturber, Virginia professional engineer, land surveyor,
landscape architect, architect, or professional soil scientist. A responsible land
disturber must also be provided and identified.
(3) The county 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 County's opinion, it is
necessary to properly protect downstream properties or the environment.
(c) An erosion and sediment control plan shall be filed for a development and the
buildings constructed within, regardless of the phasing of construction.
(d) If individual lots or sections in a residential development are being developed by
different property owners, all land-disturbing activities related to the building
construction shall be covered by an erosion and sediment control plan or an
"agreement in lieu of a plan" signed by the property owner. The property owner is
responsible for complying with the provisions of (a) or (b) above for each lot to
obtain an erosion and sediment control permit.
(e) Land-disturbing activity of less than two thousand five hundred (2,500) square feet
on individual lots in a residential development shall not be considered exempt from
the provisions of this chapter, if the total land-disturbing activity in the development
is equal to or greater than two thousand five hundred (2,500) square feet.
(f) The standards contained with the "Virginia Erosion and Sediment Control
Regulations," and The Virginia Erosion and Sediment Control Handbook, as
amended and those more stringent local criteria which the board of supervisors of
the countyCounty Board of Supervisors, may adopt by resolution and incorporate
into the manual of regulations and policies entitled "Stormwater Management
Design Manual" and "Design and Construction Standards Manual" are to be used
by the applicant when making a submittal under the provisions of this chapter and in
the preparation of an erosion and sediment control plan. In cases where one
standard conflicts with another, the more stringent applies. The VESCP plan-
approving authority, in considering the adequacy of a submitted plan, shall be
guided by the same standards, regulations and guidelines.
(g) The VESCP plan-approving authority shall review erosion and sediment control
plans submitted to it and grant written approval within sixty (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
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449
carrying out the plan certifies that he will properly perform the measures included in
the plan and will conform to the provisions of this chapter. 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
carrying out the plan shall be subject to the penalties provided in this chapter.
However, the VESCP plan-approving authority may waive the certificate of
competence requirement for an agreement in lieu of a plan for construction of a
single family residence. If a violation occurs during the land-disturbing activity, then
the person responsible for carrying out the agreement in lieu of a plan shall correct
the violation and provide the name of the responsible land disturber, as provided by
§ 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to
provide the name of the responsible land disturber shall be a violation of this
chapter.
(h) When the plan is determined to be inadequate, written notice of disapproval stating
the specific reasons for disapproval shall be communicated to the applicant within
forty-five (45) days. The notice shall specify the modifications, terms and conditions
that will permit approval of the plan. If no action is taken by the plan-approving
authority within the time specified above, the plan shall be deemed approved and
the person authorized to proceed with the proposed activity.
(i) The VESCP authority shall act on any erosion and sediment control plan that has
been previously disapproved within forty-five (45) days after the plan has been
revised, resubmitted for approval, and deemed adequate.
(j) The VESCP authority may require changes to an approved plan when:
(1) The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2) The person responsible for carrying out the plan finds that because of changed
circumstances or for other reasons the approved plan cannot be effectively
carried out, and proposed amendments to the plan, consistent with the
requirements of this chapter, are agreed to by the plan approving authority and
the person responsible for carrying out the plan; or.
(3) A land-disturbing activity does not begin during the one hundred eighty (180) -
day period following plan approval or it ceases for more than one hundred
eighty (180) days. In this event, the VESCP authority may evaluate the existing
approved erosion and sediment control plan to determine whether the plan still
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450
satisfies local and state erosion and sediment control criteria and to verify that
all design factors are still valid. If the VESCP authority finds the previously filed
plan to be inadequate, a modified plan shall be submitted and approved prior to
the resumption of land-disturbing activity.
(k) Variances. The VESCP plan-approving authority may waive or modify any of the
standards that are deemed to be inappropriate or too restrictive for site conditions,
by granting a variance. A variance may be granted under these conditions:
(1) At the time of plan submission, an applicant may request a variance to become
part of the approved erosion and sediment control plan. The applicant shall
explain the reasons for requesting variances in writing. Specific variances which
are allowed by the plan-approving authority shall be documented in the plan.
(2) During construction, the person responsible for implementing the approved plan
may request a variance in writing from the plan-approving authority. The plan-
approving authority shall respond in writing either approving or disapproving
such a request. If the plan-approving authority does not approve a variance
within ten (10) days of receipt of the request, the 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.
(l) In order to prevent further erosion, the county County may require the property
owner of land identified by the county 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 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 countyCounty; or
failure to implement the Erosion and Sediment Control Plan after approval by the
county County within a reasonable time period set by the Ccounty shall be a
violation of this chapter. Such violation shall be subject to all of the penalties and
other legal actions contained in section 8.1-10.
(m) When a land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation, submission,
and approval of an erosion control plan shall be the responsibility of the property
owner.
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(n) In accordance with the procedure set forth in § 62.1-44.15:55 (E) of the Code of
Virginia, any person engaging, in more than one (1) 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 Vvirginia marine resources
commission, or the U.S. Army Corps of Engineers, may, at the option of that
person, file general erosion and sediment control specifications for wetland
mitigation or stream restoration banks annually with the board for review and
approval consistent with guidelines established by the board. Approval of general
erosion and sediment control specifications does not relieve the owner or operator
from compliance with any other local ordinances and regulations including
requirements to submit plans and obtain permits as may be required by such
ordinances and regulations.
(o) State agency projects are exempt from the provisions of this chapter, except as
provided for in the Code of Virginia, section 62.1-44.15:56.
(p) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to
the International Building Code, Chapter 18, as amended, for foundation clearances
from slopes.
(q) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a
geotechnical report is provided for the proposed slopes.
(r) Cut slopes or fill slopes shall not be greater than twenty-five (25) vertical feet in
height, unless a geotechnical report is provided for the proposed slopes. Cut slopes
or fill slopes less than or equal to 3:1 (horizontal:vertical) may exceed twenty-five
(25) vertical feet in height and shall not require a geotechnical report.
(s) For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) or
greater than or equal to twenty-five (25) vertical feet in height with a slope greater
than 3:1 (horizontal:vertical), as-built plans showing that the finished geometry,
based on a field survey performed by a licensed surveyor, is in substantial
conformity with the design shall be provided to the plan-approving authority.
(t) Fill materials, compaction methods and density specifications shall be indicated on
the site development plans. Fill areas intended to support structures shall also be
indicated on the site development plans.
(u) Development plans for all new subdivisions shall show proposed lot grades to
ensure positive drainage.
(v) Stream buffers.
(1) Except as provided in this section, each regulated land disturbing activity shall
provide for stream buffers for the purposes of retarding runoff, preventing
stream bank erosion, and filtering nonpoint source pollution from runoff.
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(2) The stream buffer, on existing undeveloped land, shall extend a minimum of
twenty five (25) feet on each side of any perennial stream or contiguous
wetlands, measured horizontally from the edge of the contiguous wetlands, or
the ordinary high water mark if no wetlands exist.
(3) The stream buffer, on previously developed land, shall either meet the
requirements of (2) above, or extend from the side of any perennial stream or
contiguous wetlands, measured horizontally from the edge of the contiguous
wetlands, or the ordinary high water mark if no wetlands exist to the edge of
existing paved surfaces, structures, or other hardscape; whichever is less.
(4) Each stream buffer shall be retained in as natural a condition as possible.
Natural ground contours and native vegetation shall be preserved to the fullest
extent possible.
(5) The following types of improvements and activities shall not be required to
retain, establish, or manage a stream buffer, provided that the requirements of
this section are satisfied:
a. The construction, installation, operation and maintenance of electric, gas
and telephone transmission lines, railroads, and activities of the Virginia
Department of Transportation, and their appurtenant structures, which are
accomplished in compliance with the Erosion and Sediment Control Law
(Virginia Code Section 62.1-44.15:51 et seq.) or an erosion and sediment
control plan approved by the State Water Control Board.
b. The construction, installation, and maintenance by public agencies of storm
drainage, water and sewer lines.
c. The construction and installation of water and sewer lines constructed by
private interests for dedication to public agencies, provided that all of the
following are satisfied:
i. To the extent practical, as determined by the administrator, the location
of the water or sewer lines, shall be outside of all stream buffer areas.
2.
ii. No more land shall be disturbed than is necessary to construct, install
and maintain the water or sewer lines.
iii. All construction and installation of the water or sewer lines shall comply
with all applicable Ffederal, Sstate and local requirements and permits
and be conducted in a manner that protects water quality.
(6) The following types of structures, control measures and activities shall be
allowed in a stream buffer, provided that the requirements of this section are
satisfied:
a. Temporary erosion and sediment control measures, provided that to the
extent practical, as determined by the administrator, the control measures
shall be located outside of the stream buffer and disturbance impacts are
minimized. Upon removal of the temporary measures, grading and
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453
plantings shall be provided to reestablish the stream buffer by restoring pre-
development grades and providing appropriate plantings.
b. Water-dependent facilities; water wells; passive recreation access, such as
pedestrian trails and bicycle paths; historic preservation; archaeological
activities; provided that all applicable Ffederal, Sstate and local permits are
obtained.
c. Storm drainage facilities necessary to drain to the stream, and stormwater
management best management practices, provided that the disturbance to
the buffer is minimized.
d. Roads, streets and driveways, provided that disturbance to the natural
stream channel and buffer is limited to the minimum reasonably required to
develop the site. Whenever practical, roads, streets, and driveways shall
not be constructed parallel to a stream within the buffer.
e. Selective removal of invasive plants and reestablishment of vegetative
buffer using native plants.
f. Stream drainage improvements that comply with all Ffederal and Sstate
permitting requirements. Where channel improvements are made, stream
buffers shall be reestablished on both sides of the improved channel.
There shall be no stream buffer requirements where streams are replaced
with storm drainage pipes.
(7) Stream buffers shall be indicated on erosion and sediment control plans, or plot
plans; and they shall be physically marked and protected in the field with safety
fencing or other appropriate means prior to the commencement of clearing or
grading.
(8) Any lot that was platted prior to the effective date of this paragraph, and any
land disturbance whose erosion and sediment control plan has been submitted
to the County for review prior to the effective date of this paragraph, are exempt
from the requirements to protect and establish stream buffers.
(Ord. No. 022316-7 , § 1,2-23-16)
Sec. 8.1-7. - Special provisions for land-disturbing activities that disturb less than ten
thousand (10,000) square feet
(a) This section applies to all land-disturbing activities that disturb less than ten
thousand (10,000) square feet, except that these special provisions shall not apply
to any land-disturbing activity of less than ten thousand (10,000) square feet on
individual lots in a residential development, if the total land-disturbing activity in the
development is equal to or greater than ten thousand (10,000) square feet.
(b) Land-disturbing activities shall meet all of the requirements of this chapter, except
for the following:
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(1) The technical provisions contained in 9VAC25-840-40.19 shall not apply to land
disturbing activities that meet the requirements of this section. These include:
a. The adequacy of downstream channels and pipes are not required to be
analyzed and verified.
b. No stormwater management measures to address any flow rate capacity or
velocity requirements for downstream natural or man-made channels shall
be required.
(2) An agreement in lieu of a plan may, at the discretion of the countyCounty, be
substituted for an erosion and sediment control plan if executed by the plan-
approving authority. All of the requirements of section 8.1-6(b) shall apply. This
provision expands the use of an agreement in lieu of, beyond a single-family
residence, to all land-disturbing activities that disturb less than ten thousand
(10,000) square feet.
(c) Nothing in this section shall be construed to negate any requirements of the
stormwater management ordinance of the Ccounty, where applicable.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-8. - Permits; fees; surety; etc.
(a) Agencies authorized under any other law to issue grading, building, or other permits
for activities involving land-disturbing activities may not issue any such permit
unless the applicant submits with his application an approved erosion and sediment
control plan, certification that the plan will be followed and evidence of state permit
coverage where it is required.
(b) No person shall engage in any land-disturbing activity until he has acquired a land-
disturbing permit, unless the proposed land-disturbing activity is specifically exempt
from the provisions of this chapter, and has paid the fees and posted the required
surety.
(c) Fees. An applicant requesting permission to begin land-disturbing activity pursuant
to this article shall pay the following fees to cover the administrative expense of
review, permitting, and inspection.
Disturbed Area (Square
Fee
Feet)
Less than 5,000 $25.00
5,000 - 9,999 $50.00
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$100.00 + $100.00 per disturbed acre, or portion of an
10,000 - or greater
acre
(d) 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.
(e) Surety. All applicants for permits shall provide to the Ccounty a performance bond,
cash escrow, or an irrevocable letter of credit acceptable to the director Director of
community developmentdDevelopment sServices or his assignee, to ensure that
measures could be taken by the Ccounty at the applicant's expense should the
applicant fail, after proper notice, within the time specified to initiate or maintain
appropriate conservation measures required of him as a result of his land-disturbing
activity. The amount of the bond or other security for performance shall not exceed
the total of the estimated cost to initiate and maintain appropriate conservation
action based on unit price for new public or private sector construction in the locality
plus a contingency for the Ccounty's administrative costs and inflation. The
contingency shall be ten (10) percent of the total estimated cost to initiate and
maintain the appropriate conservation action. Should it be necessary for the
Ccounty to take such conservation action, the Ccounty may collect from the
applicant any costs in excess of the amount of the surety held.
(f) Within sixty (60) days of adequate stabilization and completion of all other site
requirements, as determined by the director Director of community
developmentdDevelopment sServices or his or her 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.
(g) 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.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-9. - Monitoring, reports, and inspections.
(a) The responsible land disturber, as provided in § Section 62.1-44.15:52 of the Code
of Virginia, shall be in charge of and responsible for carrying out the land-disturbing
activity and provide for periodic inspections of the land-disturbing activity. The
county County may require the person responsible for carrying out the plan to
monitor the land-disturbing activity. The person responsible for carrying out the plan
will maintain records of these inspections and maintenance, to ensure compliance
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456
with the approved plan and to determine whether the measures required in the plan
are effective in controlling erosion and sedimentation.
(b) The department Department of community developmentdDevelopment sServices
shall periodically inspect the land-disturbing activity in accordance with 9VAC25-
840-60 of the Virginia Erosion and Sediment Control Regulations to ensure
compliance with the approved plan and to determine whether the measures
required in the plan are effective in controlling erosion and sedimentation. The
owner, permittee, or person responsible for carrying out the plan shall be given
notice of the inspection. If the director Director of community
developmentdDevelopment sServices, or his or her assignee, determines that there
is a failure to comply with the plan or if the plan is determined to be inadequate,
notice shall be served upon the permittee or person responsible for carrying out the
plan by registered or certified mail to the address specified in the permit application
or in the plan certification, or by delivery at the site of the land-disturbing activities to
the agent or employee supervising such activities.
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 Director of community developmentdDevelopment
sServices, or his or her assignee, may, in conjunction with or subsequent to a notice
to comply as specified in this chapter, issue a stop work order requiring that all or
part of the land-disturbing activities permitted on the site be stopped until the
specified corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan or proper
permits, the director Director of community developmentdDevelopment sServices or
his or her assignee may, in conjunction with or subsequent to a notice to comply as
specified in this chapter, issue a stop work order requiring that all of the land-
disturbing and/or construction activities be stopped until an approved plan or any
required permits are obtained. Failure to comply will result in civil charges or
penalties as outlined in section 8.1-10 of this chapter.
Where the alleged noncompliance is causing or is in imminent danger of causing
harmful erosion of lands or sediment deposition in waters within the watersheds of
the commonwealth, or where the land-disturbing activities have commenced without
an approved plan or any required permits, such a stop work order may be issued
without regard to whether the permittee has been issued a notice to comply as
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457
specified in this chapter. Otherwise, such a stop work order may be issued only
after the permittee has failed to comply with such a notice to comply.
The stop work order shall be served in the same manner as a notice to comply, and
shall remain in effect for a period of seven (7) days from the date of service pending
application by the county County or permit holder for appropriate relief to the
Ccircuit Ccourt. The county County shall serve such stop work order for disturbance
without an approved plan or permits upon the owner by mailing with confirmation of
delivery to the address specified in the land records. Said stop work order shall be
posted on the site where the disturbance is occurring, and shall remain in effect until
permits and plan approvals are secured, except in such situations where an
agricultural exemption applies.
If the alleged violator has not obtained an approved plan or any required permits
within seven (7) days from the date of service of the stop work order, the director
Director of community developmentdDevelopment sServices or his or her assignee
may issue a stop work order to the owner requiring that all construction and other
work on the site, other than corrective measures, be stopped until an approved plan
and any required permits have been obtained. Such an order shall be served upon
the owner by registered or certified mail to the address specified in the permit
application or the land records of the countyCounty.
The owner may appeal the issuance of a stop work order to the circuit Circuit court
Court of the Roanoke Ccounty. Any person violating or failing, neglecting or refusing
to obey a stop work order issued by the Ddirector of community
developmentDdevelopment Sservices or his or her assignee may be compelled in a
proceeding instituted in the circuit court of the countyRoanoke County Circuit Court
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy. Upon completion and approval of corrective action or obtaining
an approved plan or any required permits, the stop work order shall immediately be
lifted. Nothing in this section shall prevent the Ddirector of community
developmentDdevelopment Sservices or his or her assignee from taking any other
action authorized by this chapter.
(Ord No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-10. - Penalties, injunctions, and other legal actions.
(a) Violators of this chapter shall be guilty of a Class I misdemeanor.
(b) Civil penalties:
(1) A civil penalty in the amount listed on the schedule below shall be assessed for
each violation of the respective offenses:
a. Commencement of land disturbing activity without an approved plan as provided
in section 8.1-6 shall be one thousand dollars ($1,000.00) per day.
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458
b. Vegetative measures. Failure to comply with items 1, 2 3, or 5 of the minimum
standards shall be three hundred dollars ($300.00) per violation per day.
c. Structural measures. Failure to comply with items 4, 6, 7, 8, 9, 10, 11, 15, 17, or
18 of the minimum standards shall be three hundred dollars ($300.00) per
violation per day.
d. Watercourse measures. Failure to comply with items 12, 13 and 15 of the
minimum standards, or unapproved disturbance of stream buffer 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 ($1,000.00) per
day.
g. Failure to stop work when permit revoked shall be one thousand dollars
($1,000.00) 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 director Director of community developmentdDevelopment sServices or his
assignee, or the owner of property which has sustained damage or which is in
imminent danger of being damaged, may apply to the circuit court of the
countyRoanoke County Circuit Court to enjoin a violation or a threatened violation of
Va. Code §§ 62.1-44.15:55, 62.1-44.15:56, without the necessity of showing that an
adequate remedy at law does not exist.
However, an owner of property shall not apply for injunctive relief unless (i) he has
notified in writing the person who has violated the local program, and the program
authority, that a violation of the local program has caused, or creates a probability
of causing, damage to his property, and (ii) neither the person who has violated the
local program nor the program authority has taken corrective action within fifteen
(15) days to eliminate the conditions which have caused, or create the probability of
causing, damage to his property.
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(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 Ccounty in a civil action
for damages.
(e) Civil penalty enumerated. Without limiting the remedies which may be obtained in
this section, any person violating or failing, neglecting, or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to this section shall be
subject, in the discretion of the court, to a civil penalty not to exceed two thousand
dollars ($2,000.00) for each violation. A civil action for such violation or failure may
be brought by the countyCounty. Any civil penalties assessed by a court shall be
paid into the treasury of the countyCounty, except that where the violator is the
locality itself, or its agent, the court shall direct the penalty to be paid into the state
treasury.
(f) With the consent of any person who has violated or failed, neglected or refused to
obey any regulation or condition of a permit or any provision of this chapter, the
county County may provide for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in subsection (b)(2) of this section. Such civil
charges shall be instead of any appropriate civil penalty which could be imposed
under subsection (b) or (e).
(g) The county's County's attorney shall, upon request of the Ccounty 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.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-11. - Hearings and appeals.
(a) Hearings.
(1) Any permit applicant or permittee, or person subject to the requirements of this
chapter, who is aggrieved by any action, of the county County in approving or
disapproving any plans required by this chapter, or by any enforcement action
taken pursuant to section 8.1-10, shall have the right to request, in writing, a
hearing to the Ccounty Aadministrator or his/her designee provided a petition
requesting such hearing is filed with the administrator within thirty (30) days
after notice of such action is given by the administrator.
(2) The hearing shall be held provided that the county County administrator
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 supervisorsCounty Board of Supervisors. Depositions may be
taken and read as in actions at law.
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(4) The county County administratorAdministrator, 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
County administrator 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 County administrator Administrator shall consider
evidence presented by all parties. After considering the evidence, the county
County administrator's Administrator's decision shall be final.
(b) Appeals.
Final decisions of the county County administratorAdministrator, under this chapter,
shall be subject to judicial review by the county circuit courtRoanoke 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 chapter.
(Ord. No. 022316-7 , § 1, 2-23-16)
Sec. 8.1-12. - Civil violations, summons, generally.
(a) The director Director of community developmentdDevelopment sServices, or his or
her assignee, shall prepare an appropriate erosion and sediment control civil
violation summons for use in enforcing the provisions of this chapter.
(b) Any person of the VESCP plan approving authority charged with enforcing this
chapter shall serve upon any owner or permittee in violation of this chapter, a
summons notifying the owner or permittee of said violation. If unable to serve the
owner or permittee in person, the county County may notify by summons an owner
or permittee committing or suffering the existence of a violation by certified, return
receipt requested mail, of the infraction. The county sheriff's officeRoanoke County
Sheriff’s Office may also deliver the summons. The summons shall contain the
following information:
(1) The name and address of the person charged.
(2) The nature of the violation and chapter provision(s) being violated.
(3) The location, date, and time that the violation occurred, or was observed.
(4) The amount of the civil penalty assessed for the violation.
(5) The manner, location, and time that the civil penalty may be paid to the
countyCounty.
(6) The right of the recipient of the summons to elect to stand trial for the infraction
and the date of such trial.
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(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 Ccounty Ttreasurer's Ooffice and, by such
appearance, may enter a waiver of trial, admit liability, and pay the civil penalty
established for the violation charged and provide that a signature to an admission of
liability shall have the same force and effect as a judgment in court; however, an
admission shall not be deemed a criminal conviction for any purpose.
(d) If a person charged with a violation does not elect to enter a waiver of trial and
admit liability, the county County shall cause the sheriff of the county County to
serve the summons on the person charged in the manner prescribed by law. The
violation shall be tried in general General district District court Court in the same
manner and with the same right of appeal as provided for in Title 8.01 of the Code
of Virginia. In any trial for a scheduled violation authorized by this section, it shall be
the burden of the county County 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 treasurer prior to the trial
date, provided he also pays necessary court costs in addition to the civil penalty.
(g) Within the time period prescribed in (c), above, the owner or permittee, may contest
the violation by presenting it to the director Director of community
developmentdDevelopment sServices, who shall certify the contest in writing, on an
appropriate form, to the general General district District courtCourt.
(h) Failure to pay the civil penalty, or to contest the violation, within the time period
prescribed in (c), above, shall result in the immediate issuance of a stop work order
and the revocation of the permit, if any.
(Ord. No. 022316-7 , § 1, 2-23-16)
On motion of Supervisor Peters to adopt the ordinance, to become effective
immediately, seconded by Supervisor Hooker and carried by the following recorded
vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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462
3. Ordinance amending Article I (General Provisions), Article II,
(Definitions and Use Types), Article III (District Regulations),
Article IV (Use and Design Standards) and Article V (Development
Standards) of the Roanoke County Zoning Ordinance (Philip
Thompson, Director of Planning)
Mr. Thompson reviewed the changes to the ordinance.
Supervisor Radford asked with regard to R-3 zoning, what is the
percentage in the County. Mr. Thompson responded we have 920 acres in the County
as a whole that is zoned R-3 and that makes up 0.6%.
Chairman Peters opened and closed the public hearing with the
following citizen speaking:
Mr. William Skaff of 4815 Farmington Place Court read the following: “I
respectfully ask that the Board oppose changes to Roanoke County Code Article III,
Section 30-45-3, Site Development Regulations, (C) Height limitations, and Article IV,
Section 30-82-11. Multi-family Dwelling, (D) and (F). The current height limit of 45 feet
is high enough, and the current maximum density of 12 dwelling units per acre is large
enough—without multi-use accounting for 75 percent of the gross floor area per site—to
avoid jeopardizing the suburban and rustic character of the Hollins and Oak Grove
communities. Keeping town center density smaller will mitigate the impact of the
mistakes about to be made. Mistake No. 1. Assuming that residents are really aware of
the effect on landscape and viewsheds of the bulk of a 75-foot-high building that
stretches a half mile, and a width that covers nearly three-fourths of the site. No drawing
posted on a bulletin board can convey this oppressive massiveness. But they will get
the idea when they stand next to it, or drive by it, or try to see over it from afar. Once
these zoning changes take effect, they will permanently change the character of a
community. The damage cannot be stopped until zoning is restored to reasonable size
limits. Once buildings are built, they cannot be “revised” downward to what is
acceptable. Mistake No. 2. Assuming that the businesses these communities desire and
expect will locate sequentially in the same building, when many require free-standing
road-side buildings as part of their brand. This is why the latest businesses to join the
Tanglewood Mall are not locating inside the main building. Massive residential
structures will crowd these businesses out. Mistake No. 3. Assuming that retail will
locate there when most shopping is done online, in-person purchasing decreasing each
year, and brick-and-mortar outlets continually closing. Mistake No. 4. Assuming that
restaurants will fill in the gaps, when only so many restaurants can be supported in a
particular area, especially in the COVID-19 pandemic era. Mistake No. 5. Assuming that
bars will fill in the gaps where restaurants won’t, putting more drunk drivers on the road
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463
when the state is adding buzzed drivers through the legalization of marijuana. Mistake
No. 6. Fulfilling the Obama-Biden density imperative intended to destroy the suburbs,
just in time for the Biden Administration’s distribution of illegal immigrants from the
Southern border throughout the country—including criminal aliens and gang members—
and providing them financial support for food and shelter not even available to legal
immigrants. With their all-out promotion and propagation of density development
schemes, what better indication of ideological obsession on the part of the Planning and
Economic Development Departments than to ignore reality.”
Supervisor Mahoney stated he understands some of the concerns
and in his mind, he viewed the amendments very positively in that it provided greater
flexibility to the private property owner so he or she could develop their property to the
maximum extent and we are increasing what the maximum extent is possible. He sees
it benefiting the private property owner, so he or she could develop their property to the
maximum extent. He also sees it relaxing the height and thinks it gives more flexibility to
the private property owner, so he supports this initiative.
Supervisor Hooker asked when will this ordinance become effective
with Mr. Thompson advising upon passage.
Supervisor Radford commented we currently have hotels in Roanoke
County that are four or five floors throughout the County. Those temporary residents
get to come in and enjoy those views, it would be nice for our permanent resident to see
the views as well. He added that he feels this is a positive and is going to make the
land a little more valuable. There was no further discussion.
ORDINANCE 072721-8 AMENDING ARTICLE I (GENERAL
PROVISIONS), ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE
III (DISTRICT REGULATIONS), ARTICLE IV (USE AND DESIGN
STANDARDS), AND ARTICLE V (DEVELOPMENT STANDARDS) OF
THE ROANOKE COUNTY ZONING ORDINANCE
WHEREAS, planning staff has worked with the Planning Commission on
proposed amendments to Roanoke County’s Zoning Ordinance; and
WHEREAS, planning staff and the Planning Commission propose amendments
to all five (5) articles of Roanoke County’s Zoning Ordinance; and
WHEREAS, on July 6, 2021, after proper notice, the Roanoke County Planning
Commission held a public hearing on the proposed amendments to the Roanoke
County Zoning Ordinance and recommended said amendments to the Board of
Supervisors for adoption; and
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and
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464
WHEREAS, the first reading of this ordinance was held on July 13, 2021, and the
second reading and public hearing were held on July 27, 2021.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors as follows:
1. The Roanoke County Zoning Ordinance is hereby amended to read and provide
as follows:
ARTICLE I – GENERAL PROVISIONS
SEC. 30-14. AMENDMENTS TO ORDINANCE.
(B) The administrator shall establish and maintain the amendment application
materials initiated by a petition pursuant to Section 30-14(A)(3). These
application materials shall, at a minimum, include any information the
administrator deems necessary for the commission and board to adequately
evaluate the amendment request. A concept plan shall accompany all map
amendment requests initiated by a petition pursuant to Section 30-14(A)(3).
Standards for concept plans are found in a document entitled Land Development
Procedures, available in the department of development services.
(C) Upon submission of an application for an amendment to the administrator
pursuant to Section 30-14(A)(3), including any application fee, the administrator
shall, within ten (10) days, determine whether it is substantially complete. If the
application is not substantially complete, then the administrator shall notify the
applicant in writing of the materials that must be submitted to complete the
application. Nothing herein shall be construed to prohibit the administrator,
commission, or board from requesting, or the applicant from submitting, such
other and further information as may be necessary to analyze the application
fully.
(CD) The administrator shall not accept any amendment application for a lot or parcel
that does not comply with the minimum lot area, width, or frontage requirements
of the requested zoning district. In such situations, the applicant shall first seek a
variance from the board of zoning appeals. If a variance is granted, the
administrator shall thereafter accept the amendment application for the
consideration of the commission and board. In considering their recommendation
and in making the final decision of whether to grant or deny an amendment
initiated pursuant to Section 30-14(A)(3), the administrator, commission, and
board shall give the following factors reasonable consideration. The applicant
should address all of the following in its statement of justification or concept plan
if applicable, in addition to any other standards imposed by this ordinance:
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465
1. The existing use and character of the property.
2. The comprehensive plan.
3. The suitability of property for various uses.
4. The trends of growth or change.
5. The current and future requirements of the community as to land for
various purposes as determined by population and economic studies and
other studies.
6. The transportation requirements of the community.
7. The requirements for airports, housing, schools, parks, playgrounds,
recreation areas and other public services.
8. The conservation of natural resources, the preservation of flood plains, the
protection of life and property from impounding structure failures, the
preservation of agricultural and forestal land and the conservation of
properties and their values.
9. The encouragement of the most appropriate use of land throughout the
locality.
10. Any other matter reasonably related to the public necessity, convenience,
general welfare, or good zoning practice.
(DE) If any amendment application initiated pursuant to Section 30-14(A)(3) is
withdrawn at the request of the applicant subsequent to the commission's
recommendation on the application, or if the board denies any amendment
application submitted for its review, the county shall not consider substantially the
same application for the same property within one (1) year of the application's
withdrawal or the board's action. The administrator shall have the authority to
determine whether new applications submitted within this one (1) year period are
substantially the same. In making any such determination the administrator shall
have the authority to consider any items pertaining to the proposed use or
development of the site such as, but not limited to, the uses proposed, densities,
access, building locations, and overall site design.
(EF) An amendment application initiated pursuant to Section 30-14(A)(3) may be put
on hold upon written request of the applicant at any time. This hold shall not
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466
exceed six (6) months. The applicant shall make a written request to the zoning
administrator to reactivate the amendment application. Should the application not
be reactivated, it shall be considered withdrawn and subject to the requirements
of (DE) above.
Sec. 30-14-1. Commission Study and Action.
(A) All proposed amendments to the zoning ordinance initiated by a petition under
Section 30-14(A)(3) shall be referred by the board to the commission for study
and recommendation, based upon the factors enumerated in Section 30-14(D).
The commission shall study proposals to determine:
1. The need and justification for the change.
2. When pertaining to a change in the district classification of property, the
effect of the change, if any, on the property, surrounding property, and on
public services and facilities. In addition, the commission shall consider
the appropriateness of the property for the proposed change as related to
the purposes set forth at the beginning of each district classification.
3. The relationship of the proposed amendment to the purposes of the
general planning program of the county, with appropriate consideration as
to whether the change will further the purposes of this ordinance and the
general welfare of the entire community.
4. Whether the proposed amendment conforms to the general guidelines and
policies contained in the county comprehensive plan.
(B) The administrator shall transmit the application initiated by Section 30-14(A)(3) to
the commission, along with a staff report analyzing and making a
recommendation on the application based upon the factors enumerated in
Section 30-14(D). Prior to making any recommendation to the board on a
proposed amendment to the zoning ordinance, the commission shall advertise
and hold a public hearing in accord with the provisions of section 15.2-2204 of
the Code of Virginia, as amended. The cost of all public advertisements shall be
the responsibility of the applicant.
(C) The commission shall hold a public hearing review the proposed amendment and
report its findings and recommendations to the board along with any appropriate
explanatory materials not later than one hundred (100) days following its next
meeting following submission of a complete application pursuant to Section 30-
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14(A)(3) to the administrator, unless such time period is extended by written
agreement between the applicant and the commission. The cost of all public
advertisements shall be the responsibility of the applicant. within ninety (90)
days from the date that the proposed zoning ordinance amendment is referred to
the commission. Failure of the commission to report to the board within ninety
(90) days shall be deemed a recommendation of approval. If the commission
does not report within ninety (90) days, the board may act on the amendment
without the recommendation of the commission.
Sec. 30-14-2. Board Study and Action.
(A) Before enacting any proposed amendment to the zoning ordinance initiated
pursuant to Section 30-14(A)(3), the board shall hold a public hearing and make
a final decision on the application no later than twelve (12) months following
submission of a complete application to the administrator, unless such time
period is extended by written agreement of the applicant. as required by section
15.2-2204 of the Code of Virginia, as amended. The cost of all public
advertisements shall be the responsibility of the applicant. After holding this a
public hearing, the board may make appropriate changes to the proposed
amendment; provided however that no land may be zoned to a more intensive
use classification than was contained in the public notice without an additional
public notice as required by section 15.2-2204 law. Amendment to the zoning
ordinance shall be by ordinance of the board.
(B) The clerk of the board shall transmit to the administrator official notice of any
Bboard action modifying the zoning ordinance. The administrator shall thereafter
have the responsibility to make any necessary and appropriate changes to the
zoning ordinance text or map.
ARTICLE II – DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Processing or manufacturing: The process and converting of raw, unfinished
materials or products, into articles of substances of different character, or for a
different purpose.
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SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-6. Industrial Use Types.
Industry, Type I: Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and products,
from processed or previously manufactured materials. Included would be assembly
electrical appliances, bottling and printing plants, and the manufacturing of paint, oils,
pharmaceuticals, cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable,
food and tobacco products, solvents and other chemical production of items made of
stone, metal or concrete. This definition includes the further processing of meat
products.
Meat packing and related industries: The processing of meat products and
byproducts directly from live animals or offal from dead animals.
Slaughterhouse: A place where livestock is slaughtered and may be cut,
packaged and/or processed.
ARTICLE III – DISTRICT REGULATIONS
SEC. 30-45. R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
Sec. 30-45-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific
uses, see Article IV, Use and Design Standards.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
i. When adjoining property zoned R-1 or R-2, 45 feet, including
rooftop mechanical equipment. The maximum height may be
increased, provided each required side and rear yard
adjoining the R-1 or R-2 district is increased 2 feet for each
foot in height over 45 feet to a maximum height of 60 feet. In
all other locations, the maximum height is 60 feet (including
rooftop mechanical equipment).
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ii. In the study areas of the 419 Town Center Plan, the Hollins
Center Plan, and the Oak Grove Center Plan:
(a) 75 feet (including rooftop mechanical equipment); or
(b) 65 feet (including rooftop mechanical equipment)
above the top of structured parking, whichever is
greater.
(bc) The maximum height may be increased if a special
use permit is granted by the board of supervisors.
b. Accessory structures: 15 feet, or 25 feet provided they comply with
the setback requirements for principal structures.
SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT.
Sec. 30-61-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
Agriculture
Agritourism *
SEC. 30-62. I-2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30-62-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
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Agriculture
Agritourism *
5. Industrial Uses
Meat Packing and Related Industries
Slaughterhouse
ARTICLE IV – USE AND DESIGN STANDARDS
SEC. 30-81. AGRICULTURAL AND FORESTRY USES.
Sec. 30-81-1.5. Agritourism.
(C) In the I-1 and I-2 zoning districts, the principal use of the property shall be
agriculture.
SEC. 30-82. RESIDENTIAL USES.
Sec. 30-82-3. Home Occupations, Type I and Type II.
(B) General standards:
10. Pet grooming may be allowed as a home occupation. It shall be limited to
one (1) customer at a time, and a maximum of eight (8) animals per day.
Any animals associated with this permitted home occupation must be kept
indoors.
(C) Additional standards for all Type I home occupations:
1. The maximum floor area permitted for a home occupation shall be ten (10)
percent of the finished floor area of the dwelling unit. Storage of goods or
products shall not exceed five (5) percent of the finished floor area., or 250
square feet, whichever is greater.
2. Home occupations shall be confined to the primary dwelling. To conduct a
home occupation in an accessory building, a special use permit shall be
obtained from the board of supervisors pursuant to Section 30-19. The
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home occupation shall be conducted entirely within the interior of the
principal residential structure or within an accessory structure located on
the property.
4. There shall be no display or storage of goods or products visible from the
public right-of-way or adjacent property.
5. The sale of goods or products or providing services which involve the
consumer coming to the premises shall be limited to no more than ten (10)
customers or clients per day. Baby sitting for five (5) or less children shall
be permitted.
6. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
74. No sign may be placed on the property advertising the home occupation.
85. No advertising through local media, including telephone books, flyers, and
the internet shall call attention to the residential address of the home
occupation.
(D) Additional standards for all Type II home occupations:
1. The maximum floor area permitted for a home occupation shall be twenty-
five (25) percent of the finished floor area of the dwelling unit. Storage of
goods or products shall not exceed ten (10) percent of the finished floor
area., or 500 square feet, whichever is greater.
3. An accessory building or structure may be used with the home occupation,
provided that the total floor area devoted to the home occupation in the
accessory structure and dwelling unit does not exceed twenty-five (25)
percent of the finished floor area of the dwelling unit. The home
occupation shall be conducted entirely within the interior of the principal
residential structure or within an accessory structure located on the
property.
4. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
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54. One (1) non-illuminated sign, a maximum of two (2) square feet in area,
shall be permitted per dwelling, regardless of the number of home
occupations within the dwelling. Any sign must conform with the provisions
of section 30-93 of the zoning ordinance.
Sec. 30-82-11. Multi-family Dwelling.
(D) Additional standards in the R-3 district:
1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the
first dwelling unit, plus three thousand six hundred thirty (3,630) two
thousand four hundred twenty (2,420) square feet for each additional unit.
2. Maximum density: Twelve (12) Eighteen (18) dwelling units per acre.
(F) General standards in the C-1 and C-2 districts, independent of the general
standards above:
3. In the study areas of the 419 Town Center Plan, the Hollins Center Plan,
and the Oak Grove Center Plan, the multi-family use may account for up
to seventy-five (75) percent of the gross floor area on the site. A special
use permit shall be required if the multi-family use accounts for more than
seventy-five (75) percent of the gross floor area on the site.
ARTICLE V – DEVELOPMENT STANDARDS
SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30-91-2. General Parking Regulations.
Sec. 30-91-2.3. Location of Parking.
(C) All required off-street parking spaces shall be located on the same lot as the
structure or use, except under the following conditions:
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2. Such required spaces are within five hundred (500) seven hundred fifty (750) feet
walking distance of a building entrance or use and such spaces do not require
pedestrians to cross a road with a speed limit of thirty-five (35) miles per hour or
greater from the closest parking space in the parking lot which is to be used and
allow for safe, convenient walking for most parkers, including pedestrian
crossings, signage, and adequate
lighting. The zoning administrator may increase the maximum distance after
sufficient evidence is presented that this expansion will not affect public
safety or depart from sound engineering and design standards. In making
such determinations, the zoning administrator shall consider factors
including, but not limited to, (a) the existence of safe and convenient
pedestrian routes to building entrances, (b) effective screening of the
parking areas with landscape buffers which protect surrounding properties
from undesirable views, lighting, noise or other adverse impacts, (c) the
expected demand for parking generated by the proposed use, and (d)
appropriate traffic engineering and information.
Sec. 30-91-3. Number of Parking Spaces Required.
Sec. 30-91-3.1. Computing Required Spaces.
(F) Unlisted use types: The zoning administrator shall determine the parking
requirement for use types not listed in table 30-91a. In such instances, the
administrator shall determine the number of spaces to be provided based on
requirements for similar uses, location of the proposed use, expected demand
and traffic generated by the proposed use, and appropriate traffic engineering
and planning criteria and information. Determination of requirements may be
appealed to the board of zoning appeals. All use types not listed within section
30-91-3.3 shall have no minimum parking requirement.
(G) In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the
Oak Grove Center Plan, the zoning administrator may allow a reduction in the
total number of required parking spaces. It shall be the applicant’s responsibility
to provide documentation in support of such a reduction. The zoning
administrator may request additional materials as necessary. In making such
determinations, the zoning administrator shall consider factors including, but not
limited to, (a) the existence of safe and convenient pedestrian routes to building
entrances, (b) the expected demand for parking generated by the proposed use,
and (c) appropriate traffic engineering and information.
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Sec. 30-91-3.3. Minimum Parking Required.
USE TYPE PARKING REQUIRED
(A)
Agricultural and Forestry Use
Types
Agriculture No requirement
Agritourism No requirement
Commercial Feedlots No requirement
Farm Brewery; Farm Distillery; See Schedule B
Farm Winery
Farm Distillery See Schedule B
Farm Employee Housing 2 spaces per dwelling unit
Farm Winery See Schedule B
Forestry Operations No requirement
Stable, Private No requirement
Stable, Commercial 1 space per employee, plus 1
space for every 4 animals stabled
Wayside Stand 1 space per 100 sq. ft. 10 spaces
per 1,000 square feet; 3 spaces
minimum
(B) Residential Use Types*
*Guest parking may be
constructed with permeable or
pervious pavers
Accessory Apartment; 1 additional space
Manufactured Home, Accessory
Home Beauty/Barber Salon 1 space per chair customer
Home Occupation, Type I & Type See Section 30-82-3 (B) 5 4
II
Manufactured Home 2 spaces per dwelling unit
Manufactured Home, Accessory 1 additional space
Manufactured Home, Emergency No requirement
Manufactured Home Park 2 spaces per dwelling unit
Multi-family Dwelling; Townhouse 1.5 spaces per one-bedroom
dwelling unit; 2 spaces per
dwelling unit with two or more
bedrooms
Multiple Dog Permit No Requirement
Residential Human Care Facility 2 spaces per facility
Single Family Dwelling; Two 2 spaces per dwelling unit
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Family Dwelling; Manufactured
Home; Manufactured Home Park;
Manufactured Home Subdivision
Townhouse 2 spaces per dwelling unit
Two Family Dwelling 2 spaces per dwelling unit
(C)
Civic Use Types
Administrative Services 3.5 spaces per 1,000 square feet,
plus 1 space per vehicle based at
facility
Adult Care Residencies; Camps; See Schedule B
Cemetery; Community Recreation;
Correction Facilities; Day Care
Center; Educational Facilities,
College/University; Life Care
Facility; Public Parks and
Recreation Areas; Utility Services,
Major
Cemetery See Schedule B
Clubs 1 space per 3 persons based on
maximum occupancy
Community Recreation See Schedule B
Correction Facilities See Schedule B
Crisis Center 1 space per 2 persons of
residential capacity
Cultural Services; Guidance 1 space per 300 square feet 3
Services spaces per 1,000 square feet
Day Care Center 1 space per employee, plus 1
space per 20 students, plus 1
space for each vehicle associated
with facility
Educational Facilities, See Schedule B
College/University
Educational Facilities, See Schedule B, but no less than
Primary/Secondary 1 space per employee, plus 1
space per each 4 students in 11th
and 12th grades
Family Day Care Home 1 space per non-resident
employee 2 spaces per facility
Guidance Services 1 space per 250 sq. ft.
Halfway House 1 space per 2 persons of
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residential capacity
Life Care Facility See Schedule B
Nursing Home 1 space per 4 beds residents, plus
1 space for each employee
Park and Ride Facility No requirement
Post Office; Public Maintenance See Schedule A
and Service Facilities
Public Assembly 1 space per 4 persons based on
maximum occupancy seats or
similar accommodations provided
Public Maintenance and Service See Schedule A
Facilities
Public Parks and Recreational See Schedule B
Areas
Safety Services 3 spaces per vehicle based at
facility
Religious Assembly 1 space per 4 seats in principal
place of worship
Utility Services, Minor No requirement
Utility Services, Major See Schedule B
(D)
Office Use Types
Financial Institutions 3.5 spaces per 1,000 sq. ft. square
feet, plus required stacking spaces
General Office; Laboratories 3 spaces per 1,000 sq. ft. square
feet
Medical Office 4.5 spaces per 1,000 sq. ft. square
feet
Laboratories 1 space per 1.5 employees based
on maximum occupancy load, plus
1 per company vehicle
(E)
Commercial Use Types
Adult Business; Business Support 3 spaces per 1,000 square feet
Services; Consumer Repair
Services; Pawn Shop; Personal
Improvement Services; Personal
Services; Surplus Sales
Agricultural Services; Automobile See Schedule A
Dealership; Automobile
Rental/Leasing; Automobile
Parts/Supply, Retail; Construction
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Sales and Services; Equipment
Sales and Rental; Garden Center;
Gasoline Station; Recreational
Vehicle Sales and Service
Antique Shops; Kennel, 1 space per 600 square feet 1.5
Commercial spaces per 1,000 square feet
Automobile Dealership See Schedule A
Automobile Repair Services, 1 2.5 spaces per service bay, plus
Major; Automobile Repair 1 space per employee
Services, Minor
Automobile Repair Services, Minor 1 space per service bay, plus 1
space per employee
Automobile Rental/Leasing See Schedule A
Automobile Parts/Supply, Retail See Schedule A
Bed and Breakfast; Boarding 1 space per guest accommodation,
House plus 2 spaces per permanent
residence
Boarding House 1 space per guest accommodation,
plus 2 spaces per permanent
residence
Business Support Services 3 spaces per 1,000 sq. ft.
Business or Trade Schools; Bed See Schedule B, but no less than
and Breakfast Inn; Campgrounds; 1 space per 4 students
Car Wash; Commercial Indoor
Sports and Recreation;
Commercial Outdoor Sports and
Recreation; Commercial Outdoor
Entertainment; Country Inn;
Funeral Services; Manufactured
Home Sales; Marina; Special
Events Facility; Studio, Fine Arts;
Truck Stop
Campgrounds 1 space at each campsite, plus
spaces required for other uses
Car Wash 1 space per employee plus
required stacking spaces
Commercial Indoor Amusement; 1 space per 3 4 persons based on
Commercial Indoor Entertainment maximum occupancy load
Commercial Indoor Entertainment 1 space per 4 seats or similar
accommodations, plus 1 space per
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2 employees
Commercial Indoor Sports and
Recreation
Bowling Alley 4 spaces per alley, plus 1 space
per employee
Swimming Pool 1 space per 100 sq. ft. of water
surface
Tennis and Other Court Games 3.5 spaces per court
Other Indoor Sports 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Commercial Outdoor 1 space per 3 persons based on
Entertainment maximum occupancy load, plus 1
space per employee
Commercial Outdoor Sports and
Recreation
Miniature Golf 1.5 spaces per hole
Swimming Pool 1 space per 100 sq. ft. of water
surface
Tennis and Other Court Games 3.5 spaces per court
Other Outdoor Sports 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Communications Services 1 space per 300 square feet, plus
1 space per company vehicle 4
spaces per 1,000 square feet
Construction Sales and Services See Schedule A
Consumer Repair Services 1 space per 300 square feet
Convenience Store 5 spaces per 1,000 sq. ft. square
feet
Dance Hall 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee
Equipment Sales and Rental See Schedule A
Fuel Center 1 space per employee, plus
required stacking space
Funeral Home 1 space per 4 seats in main
chapel, plus 1 space per 2
employees, plus 1 space per
company vehicle
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Garden Center See Schedule A
Gasoline Station 1 space per employee, plus
required stacking spaces
Golf Course 5.5 4 spaces per hole, plus spaces
as required for other auxiliary uses
Hospital 1 space per 2 beds, plus 1 space
per employee 1.5 spaces per bed
Hotel/Motel/Motor Lodge 1 space per guest accommodation,
plus spaces as required for other
uses
Kennel, Commercial 1 space per 600 sq. ft.
Laundry 2 spaces per 1,000 sq. ft. square
feet
Manufactured Home Sales See Schedule B
Mini-warehouse 2 spaces for live-in manager, plus
2 spaces for the first 100 storage
spaces plus 1 for each additional
100 storage units
Outpatient Mental Health and 4 spaces per 1,000 square feet
Substance Abuse Center
Pawn Shop 1 space per 300 sq. ft.
Personal Improvement Services 1 space per 300 sq. ft.
Personal Services 1 space per 300 sq. ft.
Recreational Vehicle Sales and See Schedule A
Service
Restaurant, General; Restaurant, 10 per 1,000 square feet 1 space
Drive-In or Fast Food per 4 seats, plus 1 space per 2
employees; or, with night-time
entertainment or non-fixed seating,
1 space per 3 persons based on
maximum occupancy load
Restaurant, Drive-in Or Fast Food
With seats 1 space per 4 seats, plus 1 space
per 4 employees, plus required
stacking space
Without seats 1 space per 100 sq. ft., plus
required stacking space
Retail Sales
Shopping center 4 spaces per 1,000 sq. ft. square
feet
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All others 1 space per 300 sq. ft. 3 spaces
per 1,000 square feet
Studio, Fine Arts See Schedule B
Short-Term Rental 2 spaces per dwelling unit
Surplus Sales 1 space per 100 sq. ft. of sales
area accessible to the public
Truck Stop See Schedule B
Veterinary Hospital/Clinic 3 2.5 spaces per 1,000 sq. ft.
square feet
(F) Industrial Use Types
Asphalt Plant; Landfill, See Schedule B
Construction Debris; Landfill,
Rubble; Landfill, Sanitary; Railroad
Facilities; Transfer Station;
Transportation Terminal; Truck
Terminal; Resource Extraction
Construction Yards; Custom See Schedule A
Manufacturing; Industry, Type III;
Scrap and Salvage Services;
Warehousing and Distribution
Custom Manufacturing See Schedule A
Industry, Type I; Industry, Type II; 1 space per 1,000 sq. ft. square
Slaughterhouse feet
Industry, Type II 1 space per 1,000 sq. ft.
Industry, Type III See Schedule A
Landfill, Construction Debris See Schedule B
Landfill, Rubble See Schedule B
Landfill, Sanitary See Schedule B
Meat Packing Industries 1 space per employee
Railroad Facilities See Schedule B
Recycling Centers/Stations See required stacking spaces
Resource Extraction 1 space per employee
Scrap and Salvage Services See Schedule A
Transfer Station See Schedule B
Transportation Terminal See Schedule B
Truck Terminal See Schedule B
Warehousing and Distribution See Schedule A
(G)
Miscellaneous Use Types
Aviation Facilities, Private; Aviation See Schedule B
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Facilities, General; Outdoor
Gathering; Shooting Range,
Outdoor; Wind Energy System,
Large; Wind Energy System, Utility
Aviation Facilities, General See Schedule B
Broadcasting Tower 2 spaces per tower
Outdoor Gathering See Schedule B
Parking Facility, Surface/Structure No requirement
Shooting Range, Outdoor See Schedule B
Schedule A
The schedule sets forth minimum parking requirements for uses with elements having
different functions or operating characteristics.
FUNCTION OF ELEMENT REQUIREMENT
Office or Administrative Activity 3 spaces per 1,000 sq. ft. square feet
Indoor Sales, Display or Service Area 1 space per 500 sq. ft. 2 spaces per
1,000 square feet
Motor Vehicle Service Bays 2 spaces per service bay
Outdoor Sales, Display or Service Area 1 space per 2,000 sq. ft. 0.5 spaces
per 1,000 square feet
General Equipment Servicing or 1 space per 1,000 sq. ft. square feet
Manufacturing
Indoor or Outdoor Storage or 1 space per 5,000 sq. ft. 0.2 spaces
Warehousing per 1,000 square feet
Schedule B
Specific requirements shall be determined by the administrator based on requirements for similar
uses, location of proposed use, expected demand and traffic generated by the proposed use, and
appropriate traffic engineering and planning criteria and information. It shall be the applicant’s
responsibility to provide the aforementioned information. The zoning administrator may request additional
materials as necessary. Determination of requirements may be appealed to the board of zoning
appeals.
Sec. 30-91-3.5. Shared Parking.
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(A) Shared parking is encouraged for different structures or uses, or for mixed uses,
in any zoning district. At the applicant's request, shared parking may be provided,
subject to the following conditions:
1. A reciprocal deeded agreement has been executed by all the parties
concerned that assures the perpetual joint use of such common parking, a
copy of which has been submitted as part of the Site Plan Review
Process. If the conditions for shared parking become null and void and the
shared parking arrangement is discontinued, the applicant must then
provide written notification of the change to the zoning administrator and,
within sixty (60) days of that notice, provide a remedy satisfactory to the
zoning administrator to provide adequate parking. In determining whether
to approve the proposed remedy, the zoning administrator shall consider
current and projected parking demands and trends, and conclude that the
proposed remedy is sufficient to meet the needs of the use(s).
2. A parking study has been submitted that supports a reduction in parking
spaces provided. The study shall include but is not limited to:
a. The type and hours of operation and parking demand, for each use,
b. A site plan displaying shared use spaces in the lot and walking
distance to the uses sharing the lot,
c. A description of the character of land use and parking patterns of
adjacent land uses, and
d. An estimate of anticipated turnover in parking space use over the
course of 12 to 24 hours at the site.
32. Parking spaces to be shared must not be reserved for individuals or
groups on a 24-hour basis.
43. Uses sharing the parking facility do not need to be contained on the same
lot, but shall be a maximum of five hundred (500) seven hundred fifty
(750) feet from the closest parking space in the parking lot which is to be
used and allow for safe, convenient walking for most parkers, including
safe pedestrian crossings, signage, and adequate lighting. The zoning
administrator may increase the maximum distance after sufficient
evidence is presented that this expansion will not affect public safety or
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depart from sound engineering and design principles. In making such
determinations, the zoning administrator shall consider factors including,
but not limited to, (a) the existence of safe and convenient pedestrian
routes to building entrances, (b) effective screening of the parking areas
with landscape buffers which protect surrounding properties from
undesirable views, lighting, noise or other adverse impacts, (c) the
expected demand for parking generated by the proposed use, and (d)
appropriate traffic engineering and information.
5. If the conditions for shared parking become null and void and the shared
parking arrangement is discontinued, this will constitute a violation of
zoning regulations for any use approved expressly with shared parking.
The applicant must then provide written notification of the change to the
Zoning Administrator and, within sixty (60) days of that notice, provide a
remedy satisfactory to the Zoning Administrator to provide adequate
parking.
(B) Where shared parking is provided among a mix of land uses, the Zzoning
Aadministrator may allow the following, at the applicant's request: a reduction in
the total number of required parking spaces. It shall be the applicant’s
responsibility to provide documentation in support of such a reduction. The
zoning administrator may request additional materials as necessary. In making
such determinations, the zoning administrator shall consider factors including,
but not limited to, (a) the existence of safe and convenient pedestrian routes to
building entrances, (b) the expected demand for parking generated by the
proposed use, and (c) appropriate traffic engineering and information.
1. Up to thirty (30) percent of the parking spaces required for the
predominant use on a site may be shared with other uses operating during
the same time of day and days of the week. The predominant use is
considered to be that which requires the most parking of those sharing the
parking facilities. The predominant use, identified for parking calculations,
may not necessarily be the primary use as defined in this ordinance.
2. Up to fifty (50) percent of the parking spaces required for uses such as
theaters, public auditoriums, bowling alleys, nightclubs, movie theaters,
and similar predominantly evening uses may be shared with uses such as
banks, offices, and similar predominantly daytime uses.
3. Up to sixty (60) percent of the parking spaces required for uses such as
churches and other uses predominately in operation during the weekend
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may be shared with uses such as medical offices, banks, and other similar
uses predominantly in operation on weekdays.
Sec. 30-91-6. Stacking Spaces and Drive-Through Facilities.
(A) Stacking spaces shall be provided for any use having a drive-through facility or
areas having drop-off and pick-up areas. The following general standards shall
apply to all stacking spaces and drive-through facilities:
3. All drive-through facilities shall be provided with a bypass lane with a
minimum width of ten (10) feet.
43. Alleys or driveways in residentially zoned areas adjacent to drive-through
facilities shall not be used for circulation of customer traffic.
54. Each stacking space shall be a minimum of ten (10) feet by twenty (20)
feet.
SEC. 30-92. SCREENING, LANDSCAPING, AND BUFFER YARDS.
Sec. 30-92-6. Applicability of Regulations and Requirements.
(C) Parking areas.
3. Islands. (See the Roanoke County Design Handbook for additional detail)
c. At the intersection of two (2) or more aisles, required trees and
shrubs shall be planted and maintained so as to preserve sight
distance as determined by the zoning administrator. In making such
determinations, the zoning administrator shall consider factors
including, but not limited to, (a) seasonal foliage or lack thereof, and
(b) maximum and minimum sight distances, taking into
consideration different sizes of vehicles, and shall conclude that
safety and visibility will not be adversely affected by such trees and
shrubs.
SEC. 30-93. SIGNS.
Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots.
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(C) On corner lots where a building or buildings face more than one (1) street, sign
area shall be allowed for front lineal footage as indicated in the district
regulations, and for one-half (½) the side street frontage, provided:
1. The side street does not front on a primarily residential area;.
2. Sign area as determined by each frontage is placed only on the frontage
from which it is determined. Shopping centers exceeding two hundred
fifty thousand (250,000) square feet of gross floor area shall be exempt
from this regulation.
Sec. 30-93-14. Special Signage Districts and Regulations.
(B) Shopping Centers. Within shopping centers exceeding two hundred fifty
thousand (250,000) square feet of gross floor area, businesses that request sign
permits for lots that meet or exceed their allowable sign allocation shall be
allowed a maximum of one hundred (100) square feet of attached signage.
Square footage that existed prior to the adoption of this ordinance, new or
existing businesses may modify or replace their existing attached signs provided
the area of the modified or new signage is equal to or less than the original
displayed signage. Modifications to freestanding signs shall be in accord with the
district regulations.
In addition, notwithstanding the provisions of section 30-93-13(E)2., within
enclosed shopping centers exceeding two hundred fifty thousand (250,000)
gross floor area, businesses that request sign permits for lots that meet or
exceed their allowable sign allocation shall be allowed a maximum of one
hundred (100) square feet of signage, provided the business has a minimum
gross floor area of thirty-two thousand (32,000) square feet, and the sign
displayed shall be located a minimum of three hundred (300) feet from the
closest public right-of-way.
3. That this ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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486
IN RE: CONSENT AGENDA
RESOLUTION 072721-9 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for July 27,
2021, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 2 inclusive, as follows:
1. Resolution appointing representatives to the Local Finance Board
2. Resolution in support of the proposed American Rescue Plan funding
for Virginia Tourism Destinations
On motion of Supervisor Peters to adopt the resolution,
seconded by Supervisor North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 072721-9.a APPOINTING REPRESENTATIVES
FOR THE LOCAL FINANCE BOARD
WHEREAS, Resolution 042319-5 was adopted by the Board of Supervisors on
April 23, 2019 to appoint four individuals to serve on the “Local Finance Board;” and
WHEREAS, Ordinance 042809-4 adopted by the Board of Supervisors on April
23, 2019, appointed four individuals to serve on the “Local Finance Board;” and
WHEREAS, in September 2011, the School Board joined the VML/VACO Pooled
Trust with the County of Roanoke; and
WHEREAS, according to State Code, the finance board shall be composed of at
least three members who shall include the chief financial officer of the County, the
treasurer of the County, and at least one other additional person who shall be a citizen
of the Commonwealth with proven integrity, business ability, and demonstrated
experience in cash management and in investments; and
WHEREAS, Ordinance 042809-4 further indicated subsequent appointments to
the finance board may be made by resolution adopted by the Board of Supervisors.
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NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following additional members to the Local
Finance Board:
Susan Peterson, Director of Finance, Authorized Representative of Roanoke
County Public Schools, two-year term to expire July 27, 2023
Penny Hodge, Citizen Representative, two-year term to expire July 27, 2023
Rebecca Owens, Citizen Representative, one-year term to expire July 27,
2023
BE IT FURTHER resolved that the Clerk to the Board be, and hereby is, directed
to send a copy of this resolution to the individuals named herein and the other members
of the Local Finance Board.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 072721-9.b IN SUPPORT OF THE PROPOSED
AMERICAN RESCUE PLAN FUNDING FOR VIRGINIA TOURISM
DESTINATIONS
WHEREAS, on July 12, 2021, Governor Northam proposed $353 million in
American Rescue Plan Funding to accelerate small business recovery including
investments for Rebuild VA, community revitalization, tourism and hospitality industries;
and
WHEREAS, Virginia lost an estimated $14.5 billion in total tourism spending due
to the COVID-19 pandemic. Governor Northam is proposing a $50 million investment to
be allocated to the Virginia Tourism Corporation (VTC) to assist with the tourism
industry’s recovery and restore additional economic activity across the Commonwealth;
and
WHEREAS, the VTC, after approval from the General Assembly, will create the
Virginia Tourism Recovery Program (VTRP); and
WHEREAS, the VTRP will deliver $20 million dollars to fund extending its
broadcast and digital marketing into tier 2 and 3 media markets in Charlotte, Pittsburgh,
Boston, and Chicago and digital advertising to an additional 29 markets east of the
Mississippi River. This funding will also allow VTC to boost its sports and meeting
marketing programs, which experienced significant revenue loss during the pandemic;
and
WHEREAS, the VTRP will deliver $30 million dollars distributed to all 114
destination marketing organizations throughout the Commonwealth; and
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488
th
WHEREAS, in 2019, Virginia rank 8 in domestic travel spending, generate $27
billion in visitor spending, support 237,000 jobs and $1.8 billion in state and local taxes;
and
WHEREAS, Virginia’s Blue Ridge region is comprised of five cooperating
localities including the City of Roanoke, City of Salem, County of Roanoke, County of
Botetourt and County of Franklin; and
WHEREAS, in 2019 Virginia’s Blue Ridge region generated $920 million in visitor
spending, supported 8,177 jobs and returned $66 million in state and local taxes; and
th
WHEREAS, in 2019 Virginia’s Blue Ridge region reached the 10 consecutive
year of record growth reporting hotel room revenue at $116 million and 1.3 million
rooms sold; and
WHEREAS, Virginia’s Blue Ridge region was down 45% in hotel room revenue in
2020 and lost an estimated $3 million due to the pandemic; and
WHEREAS, Visit Virginia’s Blue Ridge wholeheartedly supports the proposed
American Rescue Plan Funding by Governor Northam to reboot Virginia’s tourism
economy; and
WHEREAS, Virginia’s Blue Ridge region is identified as one destination
marketing organization operating collaboratively to create a greater return on
investment. As such, requests to be considered as a whole with an equitable funding
formula should the proposed American Rescue Plan Funding be passed by the General
Assembly and VTC creates a Tourism Recovery Program; and
NOW, THEREFORE, BE IT RESOLVED that the County of Botetourt requests
the Virginia General Assembly Special Session scheduled in August 2021 approve
legislation supporting the American Rescue Plan Funding for tourism recovery and seek
to ensure that all localities and regional tourism offices receive equitable funding
dedicated to destination marketing organizations.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Chris McCloud of 165 Tinkerview Drive, Cloverdale, which means he is
out of Botetourt. He has been there since 1996, the previous 26 years he was a
Roanoke County resident. He is a member of the Sons of the Confederate Veterans.
He served as a color and honor sergeants and camp historian. He is also a former
candidate for Virginia Division Commander Veterans 2006 as well as a member of the
military order Stars and Bars, which are the descendants of officers of confederate
forces. He is here in opposition to any action taken against the confederate memorial as
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listed in the Roanoke Times recently and has been discussed in the Roanoke Times
recently. He is the coordinator of several events that have taken place in Botetourt
since our monument has been put under threat and we are pretty much tired of this
taking place everywhere. He asked the Board to stand against the people that are
attempting to remove this monument regardless of the fact of their abusing their position
in the courtroom and the Roanoke Times as a bully pulpit to try to intimidate and coerce
actions that they cannot take that would actually be in violation of Section C of 15.2-
1812, which is the monuments law that Virginia passed last year. He is overstepping
his bounds and it’s your decision to make and it honestly should go to the public for a
public referendum and allow the public to decide. We are tired, we are sick and tired of
the politicians in Richmond and our localities trying to destroy the history of our
localities, our State and our Nation. We have had enough. He coordinated and
organized three events in the middle of Nov ember, February and April; and getting sixty
(6) people in the middle of a pandemic to come out because they were not happy with
this, it something. We are talking about doing it in Roanoke County so this Judge can
see that not everybody agrees with what is coming out of Roanoke College and what
needs to be done with a section of the corner of a former courthouse of this County.
We encourage the Board to leave the history and this monument alone.
IN RE: REPORTS
Supervisor Mahoney moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of June
30, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of June 30, 2021
5. Accounts Paid – June 30, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of June 30, 2021
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters wished Ms. Hooker a happy birthday.
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Supervisor Radford stated he just wanted to report last week along with
Supervisor Peters and Supervisor North, we met with our legislators in regards to the
special session that is coming up in August and we met with them one on one and were
able to talk to them about school capital funds, broadband funding, replenishing the
unemployment trust fund and the public hospital funding needs. Thanks to Peter
Lubeck and his staff for producing a nice little card that has our legislative items. It was
a good time to let them hear our issues and the things we would like them to address
while they are having the special legislative session.
Supervisor Mahoney stated he wanted to report the past week was a very
good week for law enforcement in Roanoke County and the Roanoke valley. Last
rd
Friday on the 23, he had the pleasure to attend the police awards banquet, the County
Administrator and both Assistant County Administrators were there. As Mr. O’Donnell
pointed out, we had more than 160 people who were there and recognized a lot of our
police officers who did great things. What really impressed him, was the series of
awards for our Police officers who had saved people’s lives; not just stopping crime and
stopping the bad guys and arresting the bad guys, but going forward and rescuing
people and saving their lives. It was very impressive. Today, we had two sessions at
10:00 a.m. we had a basic law enforcement graduation. It was very good, we had Gary
Roach, who is the retired Police Chief from Pulaski. He used to be a Roanoke County
sheriff’s deputy and also a Roanoke County police officer. He spoke. The sad thing
was we only had five (5) graduates, three police officers and two sheriff’s deputies.
With all of the unfortunate things that have afflicted our County over the last year and a
half, it is more and more difficult to recruit good people to serve in law enforcement. We
need more of them. We have a great need and we have five (5) good people who are
coming onboard now. Later in the afternoon at 1:00 p.m., we had a graduation for our
jailors, both in the Sheriff’s Department and the Western Virginia Regional Jail Authority.
With the Board’s consent, he has been the representative on the Regional Jail
Authority. We had two classes there, because they had to hold off the other class last
year because of COVID, so we had between the two departments, twenty-seven (27)
graduates. We are starting to fill some of those slots. Finally, all the Board member
received a copy of an email from Eddie Wells with the Regional Commission talking
about how the U.S. Department of Commerce, Economic Development Administration,
is looking at $3 billion in supplemental funding under the American Rescue Plan.
Remember, the Board probably made a mistake and put him on the CEDS Committee.
So, he tried to work with the people on the CEDS Committee to come up with some
priorities. Of the $3 billion, $750 million is carved out for travel and tourism and outdoor
recreation. So, he is optimistic that we were able to include in the CEDS Committee the
prioritization with projects for Explore Park. He is hoping that as we move through this
process, we can tap into some of those federal dollars and use them for Explore and
other travel and tourism and outdoor recreation events.
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491
Supervisor Hooker thanked Chairman Peters for his kind words. She just
has a couple of things she wanted to mention. One is a reminder to the citizens of her
district, she will continue to advocate for full funding from our State legislators for the
Catawba Hospital and not just for the operations of the building for the staff to meet
adequate needs and continue to have conversations on the phone regarding those
issues. She has met with a couple of citizens regarding their desire, after feeling there
were limited options during the COVID year that they are ready to plan for business, to
plan for opening up and for starting new business, for moving real estate and she looks
forward to working with them. The third thing is that she has been blessed far beyond
what she deserves, she has family here from Texas, Oregon, Pennsylvania and South
Carolina. Tonight, she has her sisters and her husband here. Thank you for being
here.
Supervisor North stated he too has been participating in the legislative
meetings specifically with Senators Newman, Delegates Head and McNamara. This
session will address those special ARPA needs. They are going to figure out how to
spend the money. One of the items that is a priority for us, goes not appear to be a
priority for the State of Virginia and that is helping our schools with capital funding
needs. It appears to be something that has been pushed down stream and we will find
out what the School Committee on Modernation and Construction recommends, which
is likely to be a budget item in the next Governor’s bill. Much of what we hope for in
nd
terms of school capital hinges on the November 2 election of our next Governor as
well as perhaps our legislature. Hopefully, there will be a funding stream that we can
get benefit up, but he is afraid that if the funding stream is in the form of a budget line
item that is administered by the State of the Virginia, he is not sure how Roanoke
County is going to fair out, because currently, there is a tour going around the State of
Virginia formed by the rural school coalition that is visiting different counties and
different parts of the State, from Warren County to South West Virginia. He has
requested VACo include our Burton Center on that tour and apparently the wheels of
the tour have already started moving and that has not occurred. Nevertheless, that will
not deter our efforts to try to move forward in this area. We do know that apparently, it
is the consensus of the Chair of the Appropriations in the House that the State of
Virginia help with funding for our capital needs for schools, however, the method that
has been used was tabled in favor of a sales tax referendum. We will see where this all
hinges. We need school capital funds and as mentioned to the paper the other day that
is not what is going to be used for HVAC upgrades in our schools. It will not be used on
new capital funding. Also, on July 20, 2021, he added the Greater Williamson Road
Area Business Association meeting, which was the first one in 15 months coming out of
COVID. At that meeting, both Roanoke County and Roanoke City Police Chiefs spoke
on crime, guns and illegal activity in their areas. One piece of advice was to lock you
cars when they are parked. Unlocked vehicles are the leading source of stolen cars as
well as concealed weapons, which lead to those weapons getting into the wrong hands.
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Supervisor Peters added Supervisor Hooker was also involved in the
conversations with our delegates and we have been trying to send the message from
Roanoke County to our delegates and our senators. He was very disappointed as
Supervisor North mentioned that the Governor indicated a couple of days ago in the
paper that he is only setting aside $250 million for school funds. He thinks it is a drop in
the bucket when you look at the $2.6 million surplus in the State of Virginia, plus $4.3
million in ARPA funding, which is nearly $7 billion to be spent and we cannot find a way
to address our capital school needs is said in his opinion.
IN RE: CLOSED MEETING
At 4:35 p.m., Supervisor Peters moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (A) (3) to discuss
or consider the disposition of publicly held real property that is presently used for park
purposes, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body and Section 2.2-3711(A)(7) of the
Code of Virginia for the purpose of consultation with legal counsel and briefings by staff
members or consultants pertaining to actual or probable litigation, where such
consultation or briefing in open meeting would adversely affect the negotiating or
litigating posture of the public body. Specifically, the Board will discuss a pending class-
action suit against Monsanto, a former manufacturer and seller of polychlorinated
biphenyls.
The motion was seconded by Supervisor Hooker and carried by the
following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
The closed session was held from 4:50 p.m. until 5:29 p.m.
IN RE: CERTIFICATION RESOLUTION
At 5:30 p.m., Supervisor Peters moved to return to open session and
adopt the certification resolution.
RESOLUTION 072721-10 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
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WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 5:31 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman
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