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Home My WebLink About3/1/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, March 1, 2022 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Council Strategic Planning Retreat of February 11, 2022 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Anne Cantrell – Council 2. Recognition of Nathan McClung as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager (CFM) – Anita McMillan 3. Recognition of Kellie Moore in her completion of Certified Board of Zoning Appeals Program – Mayor 4. Recognition of Amanda “Mandy” Fullen in her completion of Certified Board of Zoning Appeals Program – Mayor H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. PUBLIC HEARING 1. Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding as follows: from the FY21 Federal and State Surface Transportation Block Grant (STBG)/Road Surface Transportation Program (RSTP) for the Gus Nicks Boulevard Midblock Pedestrian Crosswalk Project in the amount of $403,912.00; from the FY20 Highway Safety Improvement Program (HSIP) for the Hardy Road Midblock Pedestrian Crosswalk Project in the amount of $497,911.00. a. Open Public Hearing • Report from Staff – Anita McMillan • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of Resolution – Gus Nicks d. Consider adoption of Resolution – Hardy Road J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Final briefing on the adoption of the newly revised Zoning Ordinance and the repealing of the existing Zoning Ordinance for the Town of Vinton – Nathan McClung 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution appointing an Interim Treasurer effective March 3, 2022 – Town Manager 3. PROJECT UPDATES/COMMENTS L. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES 1. Greater Roanoke Transit Company M. REPORTS FROM COMMITTEES N. COUNCIL O. MAYOR P. ADJOURNMENT Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS: March 10, 2022 – 7:30 – 9:00 a.m. – State of the Town – Vinton War Memorial March 15, 2022 – 4:00 p.m. – Finance Committee Meeting – Council Chambers March 15, 2022 – 6:00 p.m. – Regular Council Meeting – Council Chambers Meeting Date March 1, 2022 Department Town Clerk Issue Consider approval of the minutes of the Council Strategic Planning Retreat of February 11, 2022 Summary None Attachments February 11, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF RETREAT OF VINTON TOWN COUNCIL HELD AT 1:00 P.M. ON FRIDAY, FEBRUARY 11, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief Donna Collins, Human Resources Director/Risk Manager William Herndon, Public Works Director Anita McMillan, Planning & Zoning Director Chasity Barbour, Community Programs & Facilities Director Nathan McClung, Assistant Planning & Zoning Director Lydia Verdillo, Assistant Finance Director Tim Lawless, Deputy Police Chief The Council Retreat began on Friday, February 11, 2022 at 1:00 p.m. The Mayor opened the meeting, welcomed everyone and turned the meeting over to the Town Manager. The first item on the agenda was the Western Virginia Water Authority (WVWA) Utility System Transfer and Current CIP Update. Cody Sexton reviewed a printed Overview, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. The next item on the agenda was the 2020-2025 Strategic Plan Update and Benchmarking Review. The Town Manager reviewed a PowerPoint presentation, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. Under Achievements-Community Policing & Engagement, Chief Drumond commented that the body worn and in-car camera equipment has been received and a tentative date of March 31, 2022 has been set for Motorola to come and install all the software. Following the training, policy and implementation, a presentation will be given to the media and Council to unveil the new equipment. Chief Drumond next commented that Mike Caldwell is back in his original position as Community Resource Officer and each officer is now visiting our schools twice a week to establish relationships with the students. Additionally, officers are now walking around downtown checking doors and speaking to individuals and they plan to start hosting events again this Spring and Summer. Chief Drumond further commented that Lieutenant Austin retired last year after 20 years and Sergeant Cummings retired on Monday after 23 years. Sergeant Cummings will formally be retired at their annual awards banquet in April. They are also starting a tradition of inviting all those who have retired from the department to the banquet. Additionally, two additional days have been added to the firing range which will be opened up to Staff and Council to train with them. 2 Under Targets-Community Policing & Engagement, Chief Drumond made comments on his process for recruitment and retention. With regard to the re-accreditation, they have a mock accreditation scheduled in March and the full accreditation is scheduled for September 27, 2022. This is the seventh re-accreditation for the department. Chief Drumond next commented on the Violent Crime & Drug Task Force and the partnership with the Virginia State Police, Roanoke City and City of Salem. Council Member Liles asked about changing the name of By-Pass Road. The Town Manager responded that surveys were sent out some time ago to the businesses and one business indicated they had just gone through some software conversion and asked that we wait for a period of time. We do intend to pursue that again. The next item on the agenda was the FY22 YTD Revenue & Fund Balance Review. After opening comments, Anne Cantrell reviewed a PowerPoint presentation, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. Ms. Cantrell commented that Meal Tax is the No. 1 revenue source for FY23 at 17% of the total General Fund Budget; Highway Maintenance is No 2 at 14%; State Sales Tax is No. 3 at 12%; Parr-Mutuel Taxes are No. 4 at 11% and Business License Tax is No. 5 at 8%. Combining the first four makes up 54% of all of the revenue coming in. The Mayor commented that Rosie’s is not No. 1 as some might think and a strong component is that our revenues are diversified and not dependent on one single big industry. Ms. Cantrell further commented that even though Meals Tax is at 17%, that is across multiple restaurants. With regard to the Excess Unrestricted Fund Balance for FY23, Ms. Cantrell commented that there was an error on the slide and the amount should be $403,000. This does not include the Utility Cash to transfer in, which is estimated to be $2.7-2.9 million and the recommendation is that this cash be committed to Capital Improvement or a very specific purpose like one-time needs so it does not go into the Unrestricted Fund Balance. On Slide No. 20, Ms. Cantrell commented the gray bar is the estimate of Utility Fund balance coming in and that in FY23-25, we are including the Western Virginia Water Authority (WVWA) payments going directly into a committed fund. Council and staff took a break at 2:30 p.m. and the Retreat reconvened at 2:45 p.m. Following the break, Anne Cantrell continued a review of the PowerPoint presentation on the FY23 Budget Development, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. With regard to the Personnel Budget, the Town Manager asked Ms. Cantrell to give an example of what grade an entry level Police Officer would be at. Ms. Cantrell responded they would be at Grade 18. In response to a question from Council Member Stovall regarding the decrease of seven full-time employee (FTE) positions in FY23, Mr. Sexton commented there are seven full-time positions that have been reduced, but some of those were vacant positions. Council Member Stovall next asked how many are going to the WVWA and Mr. Sexton responded three to four. Mr. Sexton further commented that we are not proposing to create any new full-time positions in the FY23 budget. The next item on the agenda was the FY23-FY30 Capital Improvement Plan (CIP). The Town Manager reviewed a PowerPoint presentation, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. The Town Manager first commented that as Ms. Cantrell indicated in her presentation, some adjustments have been made primarily due to the utility transfer. A lot of the operational costs had to be absorbed in the General Fund, so we have transitioned our CIP to be funded through cash. Due to the Utility 3 Fund balance that we will retain, the payments being made by the WVWA for the sale of the system and some current year revenues that are coming in over budget, we were able to front- load some items such as our local match for some of our grants and we are also able to fund some of our CIP with the American Rescue Plan Act (ARPA) funds. Council Member Liles asked about the costs for restrooms at the Wolf Creek and Glade Creek Greenways. The Town Manager responded this is an estimate for pre-fab restrooms with vault toilets and no plumbing and will be the Town’s cost if we fully fund it. We may either seek out grants or ask the Pathfinders or some other entity to assist with the cost. The Town Manager asked if Council had any comments or suggestions or re-shuffling of the items on the CIP list. Council Member Mullins and Vice Mayor McCarty commented they were in favor of the Christmas décor and Council Member Liles was in favor of the Farmers Market Amphitheater Grant. Council Member Liles asked about the South Pollard Development incentives. The Town Manager responded that includes 107, 109 and 111 South Pollard, where Twin Creeks Brewery and the playhouse are located. There are two proposals that will go before the Economic Development Committee. The playhouse will be making a $1.2-1.3 million investment and they are asking for site preparation assistance, which is consistent with what we have done with Vinyard Station and Gish Mill. There is also a request for fire suppression that will not only support Twin Creeks, but any business that may go in that building and will increase our opportunity to always have an occupant there. There was also discussion about the Façade Grant program, the Revolving Loan program and the Change of Use program. Council Member Mullins commented that she supports the Blight acquisition and abatement. The Town Manager commented the estimate was based on the FEMA mitigation match for the funds we applied for to assist with flood properties on Etna and Cedar. We have since declined the federal funds because there is a lot of red tape associated with relocating the tenants. There are some other identified sites that could be rebuildable if we were to acquire and demo the structure If Council wants to support this program, we would establish some design guidelines, maybe three potential end uses and send out an RFP for someone to build according to those guidelines. The Mayor commented that he agreed we need to build to accommodate more people, but we are pretty well congested and we have an aging population. He suggested the idea of some neighborhood parks that are within walking distance to attract young families. Council Member Liles next commented that he supports the Public Works Enclosed Equipment Storage Shelter. There was discussion about replacing fuel tanks, pumps and software and the possibility that if Roanoke County and the Schools were to build a new pump station on this end of the County we would want to try and partner with them and do away with our pumps. Council Member Liles and Vice Mayor McCarty commented they were in favor of the Skate Park and Council Member Mullins was in favor of the Gateway signs. Council Member Liles asked about the Lee Avenue concept and if there was one to close it altogether. The Town Manager responded they did not look at closing the street, but did look at going to one-way street, but we would only gain four parking spaces. We decided it would not be worth the complications that a one-way street would cause especially if we can add the McClung parking. The businesses we talked with seem to be okay with the one-way street concept, but he did not discuss with them closing it all together. 4 The next item on the agenda was the FY23 Budget Time-line Confirmation. Anne Cantrell commented the next step would be the CIP presentation to the Planning Commission; on April 5tth - the Public Hearing and adoption of the tax rates; on April 11th –Town Manager’s proposed budget goes to Finance Committee; May 3rd – Budget Work Session, May 13th – Public Hearing on budget and June 7th – adoption of budget. If the budget adoption had to be pushed off one more meeting, it would be adopted on June 21st. After closing comments, Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 4:30 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 1, 2022 Department Council Issue Recognition of Anne W. Cantrell, Treasurer/Finance Director Summary Anne Cantrell has accepted the position of Finance Director for the Town of Bedford, Virginia and has announced her resignation from the Town of Vinton effective March 2, 2022. Council will recognize her at the meeting. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, Anne W. Cantrell has accepted the position of Finance Director for the Town of Bedford, Virginia, and has announced her resignation from the Town of Vinton effective March 2, 2022, having served as the Treasurer/Finance Director since December 6, 2016; and WHEREAS, prior to being appointed Treasurer/Finance Director, Ms. Cantrell served as the Interim Finance Director from June 17, 2016 to December 6, 2016; and WHEREAS, as Treasurer/Finance Director, Ms. Cantrell introduced an ACH payment option for Accounts Payable vendors; revised the Fund Balance Policy to include a policy floor and target to allow the Town to plan for future financial sustainability despite dependence on economic based revenues; implemented new merchant processor (PSN) to provide additional services to customers; added detail multi-year revenue forecasting to the budget process; adapted the Finance Department from paper-oriented processes to electronic processes to allow staff the ability to work remotely; started the financial software project migration to replace existing outdated software package and applied for and received the first Government Finance Officers Association (GFOA) Budget Award in the Town and continued to apply and receive this award and the GFOA award for its Annual Comprehensive Financial Report each year; and WHEREAS, during her tenure, Ms. Cantrell assisted with negotiations on numerous important agreements that improved the Town’s financial condition to include the 2019 Memorandum of Understanding (MOU) with Roanoke County to replace the Gainsharing Agreement and the subsequent MOU Revision in 2021 and the Transfer Agreement to transition the ownership of the Town’s Water and Wastewater Utility to the Western Virginia Water Authority; and WHEREAS, Ms. Cantrell also greatly contributed to the successful financial management of pandemic-related stimulus funds associated with the Coronavirus Aide, Relief and Economic Securities (CARES) Act and the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Program; and WHEREAS, Ms. Cantrell served on the Council Finance Committee, the Roanoke Center for Animal Care & Protection Executive Committee, the Greater Roanoke Transit Company Board and has been a member of the Virginia Finance Officer Association (VGFOA) since 2014 and the Treasurer’s Association of Virginia since 2017; and WHEREAS in 2018, Ms. Cantrell was nominated by her co-workers and named Vinton Employee of the Year, an award established in 2016 to honor employees who have served the Town and its citizens in an exceptional manner by exemplifying outstanding service, while exhibiting a positive and support attitude. NOW, THEREFORE, BE IT RESOLVED, that I, Bradley E. Grose, Mayor of the Town of Vinton, Virginia, on behalf of Town Council and the citizens of our community, do hereby extend gratitude and commendation to Anne W. Cantrell, Treasurer/Finance Director, for her unselfish and loyal service to our citizens and community and best wishes to her and her family for a happy and successful future. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of March, 2022. _____________________________________________ Bradley E. Grose, Mayor Meeting Date March 1, 2022 Department Council Issue Recognition of Nathan McClung as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager (CFM) Summary Nathan McClung has successfully completed the process and examination to become an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager (CFM). Anita McMillan will make comments and recognize Mr. McClung at the meeting. Attachments Certificate Recommendations No action required Town Council Agenda Summary Meeting Date March 1, 2022 Department Council Issue Recognition of Kellie Moore and Amanda “Mandy” Fullen in their completion of the Certified Board of Zoning Appeals Program Summary Kellie Moore and Amanda “Mandy” Fullen have completed the Certified Board of Zoning Appeals Program. The Mayor will recognize them at the meeting. Attachments None Recommendations Read and present Certificates Town Council Agenda Summary 1 Meeting Date March 1, 2022 Department Planning and Zoning Issue Receive and consider public comments regarding a proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding from the Virginia Department of Transportation (VDOT) Surface Transportation Block Grant (STBG) formerly known as Road Surface Transportation Program (RSTP) funds for the Gus Nicks Boulevard Midblock Pedestrian Crosswalk Project in the amount of $403,912.00. Summary On September 27, 2019, staff submitted the Surface Transportation Block Grant (STBG) grant application for the Gus Nicks Boulevard Midblock Pedestrian Crosswalk in the amount of $169,650.00 to the Roanoke Valley Transportation Planning Organization (RVTPO), which was approved for funding on July 2, 2020. Based on VDOT Salem District’s cost estimates from November 2020, the revised cost estimate was $403,912.00; therefore, additional funding is needed for the Project to move forward. On May 27, 2021, RVTPO approved the additional funding requested, and the Standard Project Administration Agreement between the Town and VDOT and Appendix A of the agreement were executed on August 24, 2021. This is a reimbursable grant program; therefore, Town Council will have to authorize the monies to be spent for the engineering design services and construction of the crosswalk. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures shown in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on February 17, 2022. Agenda Summary 2 Attachments Standard Project Administration Agreement Appendix A Resolution Recommendations Conduct Public Hearing Motion to Adopt Resolution STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects THIS AGREEMENT, is hereby made and executed the date of the last signature set forth below, by and between the TOWN OF VINTON, VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the “Parties”. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: 1. The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. Project Number UPC Local Government U000-149-258 119911 Town of Vinton DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-258, UPC 119911 OAG Approved 6/18/2012; Revised 2/5/2015 2 c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of each Project’s development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up-to-date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the LOCALITY. For federally funded projects and pursuant to 2 CFR 200.338, Remedies for Noncompliance, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 33.2-214 or Section 33.2-331 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. h. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY’s match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state-aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, and local laws and regulations. If the LOCALITY expends over DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-258, UPC 119911 OAG Approved 6/18/2012; Revised 2/5/2015 3 $750,000 annually in federal funding, such certification shall include a copy of the LOCALITY’s single program audit in accordance with 2 CFR 200.501, Audit Requirements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. l. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination; and as a sub-recipient of federal funds, adopt and operate under the DEPARTMENT’s FHWA-approved Disadvantaged Business Enterprise (DBE) Program Plan in accordance with 49 CFR Part 26. 2. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 1.f., reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY’s share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY’s Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-258, UPC 119911 OAG Approved 6/18/2012; Revised 2/5/2015 4 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project-specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT’s agent for the purpose of conducting survey work pursuant to Section 33.2-1011 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY’s or the Commonwealth of Virginia’s sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-258, UPC 119911 OAG Approved 6/18/2012; Revised 2/5/2015 5 9. This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 1.f, 1.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs 1.b or 1.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-258, UPC 119911 OAG Approved 6/18/2012; Revised 2/5/2015 6 IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by their duly authorized signatures below, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. TOWN OF VINTON, VIRGINIA: LOCALITY Digital Signature NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: __________________________________________________________________ Chief of Policy Commonwealth of Virginia Department of Transportation Digital Signature Attachments Appendix A (UPC 119911) Richard W Peters Jr Digitally signed by Richard W Peters Jr Date: 2021.08.24 14:36:31 -04'00' DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 8/30/2021 Appendix A Date: UPC: CFDA #20.205 From: To: ● This Project shall be administered in accordance with VDOT's Locally Administered Projects Manual $0 $0 and Urban Manual. Project Financing Program and Project Specific Funding Requirements $388,912 $403,912 $388,912 Total Estimated Cost $403,912 $0 $403,912 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $403,912 Aggregate Allocations $323,130 $80,782 RSTP - Federal RSTP - State Total CN $328,912 $0 $328,912 $318,912 Construction $328,912 RSTP 0%$0 $328,912 Total RW $0 $0 $0 $70,000 Right of Way & Utilities $0 Select Fund Source 0%$0 $0 Total PE $75,000 $0 $75,000 Preliminary Engineering $75,000 RSTP 0%$0 $75,000 Project Cost and Reimbursement Phase Estimated Project Costs Fund Source (Choose from drop down box) Local % Participation for Funds Type Local Share Amount Maximum Reimbursement (Estimated Cost - Local Share) Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) Estimated Total Project Costs $75,000 $0 $328,912 $403,912 Estimated Locality Project Expenses $70,000 $0 $318,912 $388,912 Estimated VDOT Project Expenses $5,000 $0 $10,000 $15,000 Project Estimates Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Project Narrative Work Description: Gus Nicks Boulevard Pedestrian/Bicycle Crossing - to connect the Glade Creek Greenway Phase 2 Trailhead to the economic development site at the Gish Mill property Glade Creek Greenway Gish Mill Property Locality Project Manager Contact info:Anita McMillan; 540-283-7008 amcmillan@vintonva.gov U000-149-258 119911 Town of Vinton Project Location ZIP +4: 24179-2531 Locality DUNS# 001574052 Locality Address (incl ZIP+4): 311 S. Pollard St Vinton, VA 24179-2531 Department Project Coordinator Contact Info: 8/23/2021ORIGINAL Jessie Nester; 540-613-4115 jessie.nester@vdot.virginia.gov Revised: 2020 Typed or printed name of person signing Authorized Locality Official Date Authorized VDOT Official Date Typed or printed name of person signing ● In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before December 8, 2022. ● Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. ● All local funds included on this appendix have been formally committed by the local government’s board or council resolution subject to appropriation. $403,912 ● This Project is funded with federal-aid Regional Surface Transportation Program (RSTP) funds. These funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. ● The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the Project be altered by the LOCALITY subsequent to Project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. ● This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of This attachment is certified and made an official attachment to this document by the parties to this agreement. Richard W Peters Jr, Town Manager Richard W Peters Jr Digitally signed by Richard W Peters Jr Date: 2021.08.24 14:37:14 -04'00'Cheryl Becker Digitally signed by Cheryl Becker DN: cn=Cheryl Becker, o=VDOT, ou, email=cheryl.becker@vdot.virginia.gov, c=US Date: 2021.08.25 09:26:54 -04'00' DocuSign Envelope ID: 490993C7-BA16-43D1-8257-CEF0DFB99716 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 1, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA GUS NICKS BOULEVARD MIDBLOCK PEDESTRIAN CROSSWALK PROJECT WHEREAS, on September 27, 2019, staff submitted the Surface Transportation Block Grant (STBG)/Road Surface Transportation Program (RSTP) grant application for the Gus Nicks Boulevard Midblock Pedestrian Crosswalk in the amount of $169,650.00 to the Roanoke Valley Transportation Planning Organization (RVTPO), and the funding requested for the Project was approved on July 2, 2020; and WHEREAS, on December 1, 2020, staff was notified by VDOT Salem District that, the Project’s cost estimate has increased to $403,912.00; therefore, additional funding has to be requested and obtained for the Project to move forward; and WHEREAS, on May 27, 2021, RVTPO approved the additional funding requested, and the Standard Project Administration Agreement between the Town and VDOT and Appendix A of the agreement were executed on August 24, 2021; and WHEREAS, the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, the estimated total cost for the Project is $403,912.00, for which Federal STBG/RSTP funds in the amount of $323,130.00 and State STBG/RSTP funds in the amount of $80,782.00, have been secured; and WHEREAS, this is a reimbursable grant program; therefore, Town Council will have to authorize the monies be appropriated from the general revenue fund to the general expense fund for the engineering services, construction and related expenses; and WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures shown in the currently adopted budget; and WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on February 17, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize the monies to be appropriated from the general revenue fund to the general expense fund for the engineering services, construction and related expenses of the Gus Nicks Boulevard Midblock Pedestrian Crosswalk Project; and BE IT FURTHER RESOLVED, that the Town Manager, for and behalf of the Town Council, is authorized to sign and/or submit all appropriate documents necessary for the completion of the Gus Nicks Boulevard Midblock Pedestrian Crosswalk Project. 2 BUDGET ENTRY GENERAL LEDGER: 250.25100 Appropriations $403,912.00 250.25000 Estimated Revenue $403,912.00 FROM REVENUE: 250.1310.001 Federal Revenue Reimbursement $323,130.00 250.1310.002 State Revenue Reimbursement $80,782.00 TOTAL $403,912.00 TO EXPENDITURE: 250.1310.302 Contractual Services $75,000.00 250.1310.553 Construction $328,912.00 TOTAL $403,912.00 This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date March 1, 2022 Department Planning and Zoning Issue Receive and consider public comments regarding a proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding from the Virginia Department of Transportation (VDOT) Highway Safety Improvement Program (HSIP) funds for the Hardy Road Midblock Pedestrian Crosswalk Project in the amount of $497,911.00. Summary The Town was awarded the Highway Safety Improvement Program (HSIP) FY 2020 funds in the amount of $183,000.00 for the Hardy Road Midblock Pedestrian Crosswalk Project based on engineer cost estimates in 2017. The Project will connect the neighborhood to the south of Hardy Road to W.E. Cundiff Elementary School and the Wolf Creek Greenway located to the north of Hardy Road. Based on VDOT Salem District’s cost estimate from November 2020, the revised cost estimate was $497,911.00; therefore, additional funding is needed for the Project to move forward. On July 16, 2021, staff was informed that the additional funding requested was approved, and the Standard Project Administration Agreement (PAA) between the Town and VDOT and Appendix A of the agreement were executed on August 9, 2021. This is a reimbursable grant program with required local funds of $307.00; therefore, Town Council will have to authorize the monies be spent for the engineering design services and construction of the crosswalk. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures shown in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on February 17, 2022. Agenda Summary 2 Attachments Standard Project Administration Agreement Appendix A-Revision 1 Resolution Recommendations Conduct Public Hearing Motion to Adopt Resolution STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects THIS AGREEMENT, is hereby made and executed the date of the last signature set forth below, by and between the TOWN OF VINTON, VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the “Parties”. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: 1. The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. Project Number UPC Local Government U000-149-S51 113322 Town of Vinton DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-S51, UPC 113322 OAG Approved 6/18/2012; Revised 2/5/2015 2 c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of each Project’s development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up-to-date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the LOCALITY. For federally funded projects and pursuant to 2 CFR 200.338, Remedies for Noncompliance, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 33.2-214 or Section 33.2-331 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. h. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY’s match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state-aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, and local laws and regulations. If the LOCALITY expends over DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-S51, UPC 113322 OAG Approved 6/18/2012; Revised 2/5/2015 3 $750,000 annually in federal funding, such certification shall include a copy of the LOCALITY’s single program audit in accordance with 2 CFR 200.501, Audit Requirements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. l. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination; and as a sub-recipient of federal funds, adopt and operate under the DEPARTMENT’s FHWA-approved Disadvantaged Business Enterprise (DBE) Program Plan in accordance with 49 CFR Part 26. 2. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be ne cessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 1.f., reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY’s share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY’s Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-S51, UPC 113322 OAG Approved 6/18/2012; Revised 2/5/2015 4 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project-specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT’s agent for the purpose of conducting survey work pursuant to Section 33.2-1011 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY’s or the Commonwealth of Virginia’s sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-S51, UPC 113322 OAG Approved 6/18/2012; Revised 2/5/2015 5 9. This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 1.f, 1.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs 1.b or 1.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F Federal Aid Project Administration Agreement Locality: Town of Vinton Project Number: U000-149-S51, UPC 113322 OAG Approved 6/18/2012; Revised 2/5/2015 6 IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by their duly authorized signatures below, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. TOWN OF VINTON, VIRGINIA: LOCALITY Digital Signature NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: __________________________________________________________________ Chief of Policy Commonwealth of Virginia Department of Transportation Digital Signature Attachments Appendix A (UPC 113322) Richard W Peters Jr Digitally signed by Richard W Peters Jr Date: 2021.08.04 15:21:49 -04'00' DocuSign Envelope ID: 63ACE1BA-5F85-4046-9199-3BCDABF9955F 8/9/2021 Date:2/9/2022 UPC: CFDA #20.205 Locality: From: To: ● This Project shall be administered in accordance with VDOT's Locally Administered Projects Manual ● This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $497,604 This attachment is certified and made an official attachment to this document by the parties to this agreement. Program and Project Specific Funding Requirements ● Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. ● All local funds included on this appendix have been formally committed by the local government’s board or council resolution subject to appropriation. ● This Appendix A updates the funding and supersedes all previous versions signed by VDOT and the LOCALITY. and Urban Manual. DateAuthorized VDOT Official DateAuthorized Locality Official ● This Project is funded with federal-aid Highway Safety Improvement Program (HSIP) funds. These funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. ● The LOCALITY will continue to operate and maintain the facility as constructed. Should the design features of the Project be altered by the LOCALITY subsequent to Project completion without approval of the DEPARTMENT, the LOCALITY inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the DEPARTMENT. Total PE HSIP $16,518 $362,820 HSIP $20,703 Construction Highway Infrastructure Right of Way & Utilities $0 $97,563 Appendix-A Revision 1 Locality DUNS #001574052 Jessie Nester 540-613-4115 jessie.nester@vdot.virginia.govDepartment Project Coordinator Contact Info: Bypass Road Project Location ZIP+4: 24179-2206 Anita McMillan 540-983-0601 Work Description: 113322Project Number: U000-149-S51 Town of Vinton Locality Address (incl ZIP+4): 311 South Pollard Street Vinton, VA 24179-2531 Hardy Road/Dillon Woods Crosswalk - Design and construct a mid-block pedestrian crosswalk with pedestrian refuge island and crosswalk signage adjacent to the WE Cundiff Elementary School on Hardy Road. ConstructionRight of Way and Utilities Total Estimated Cost amcmillan@vintonva.gov $15,000 Project Estimates $392,848 $482,911 Project Cost and Reimbursement Estimated VDOT Project Expenses $0 $0 $90,063 Project Narrative $0$97,563 Local Share AmountFunds type (Choose from drop down box) Estimated Total Project Costs Estimated Reimbursement to Locality (Max. Reimbursement - Est. VDOT Expenses) $7,500 Estimated Locality Project Expenses $400,348$0 $7,500 $97,563 $497,911 Locality Project Manager Contact info: McDonald Street Preliminary Engineering Maximum Reimbursement (Estimated Cost - Local Share) 0% Preliminary Engineering Phase Estimated Project Costs 0% Local % Participation for Funds Type $0 HSIP $97,563 $362,8200%$0 $90,063 $0 $97,563$0 $0$0$0 $20,703 Total RW $0 $20,703 0%$16,518 $00% $0 VA Safety Funds $307$307 100%Local Funds $0 Aggregate Allocations Highway Infrastructure Local Funds Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $400,041 $482,604 VA Safety Funds Total Estimated Cost Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $307 $307 Project Financing $497,604 $482,604 $392,541Total CN $400,348 $16,518$460,383 $497,911$307 $497,911 $497,604 Revised: February 1, 2019 Richard W Peters Jr Digitally signed by Richard W Peters Jr Date: 2022.02.09 16:24:20 -05'00' 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 1, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA HARDY ROAD MIDBLOCK PEDESTRIAN CROSSWALK PROJECT WHEREAS, on October 17, 2017, Town Council adopted Resolution No. 2220, requesting that the Roanoke Valley Area Transportation Planning Organization (RVTPO) file, on behalf of the Town of Vinton, a grant application for the allocation of funds from the FY20 Highway Safety Improvement Program (HSIP) administered by the Virginia Department of Transportation (VDOT) for the Hardy Road Midblock Pedestrian Crosswalk Project; and WHEREAS, on October 31, 2017, the HSIP grant application in the amount of $168,000.00 was submitted to VDOT for the Hardy Road Midblock Pedestrian Crosswalk Project to connect the neighborhood to the south of Hardy Road to W.E. Cundiff Elementary School and Wolf Creek Greenway; and WHEREAS, in August 2018, the HSIP funds were awarded for the Project for FY20; and WHEREAS, on December 1, 2020, staff was notified by VDOT Salem District that the Project’s cost estimates have increased; therefore, additional funding has to be requested and obtained for the Project to move forward; and WHEREAS, on July 16, 2021, staff was informed that the additional funding requested was approved, and the Standard Project Administration Agreement (PAA) between the Town and VDOT and Appendix A of the agreement were executed on August 9, 2021; and WHEREAS, the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, the estimated total cost for the Project is $497,911.00, for which HSIP funds in the amount of $481,086.00 have been secured, with local funding in the amount of $307.00 required; and WHEREAS, this is a reimbursable grant program; therefore, Town Council will have to authorize the monies be appropriated from the general revenue fund to the general expense fund for the engineering services, construction and related expenses; and WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures shown in the currently adopted budget; and WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on February 17, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize the monies to be appropriated from the general revenue fund to the general expense fund 2 for the engineering services, construction and related expenses of the Hardy Road Midblock Pedestrian Crosswalk Project. BE IT FURTHER RESOLVED, that the Town Manager, for and behalf of the Town Council, is authorized to sign and/or submit all appropriate documents necessary for the completion of the Hardy Road Midblock Pedestrian Crosswalk Project. BUDGET ENTRY GENERAL LEDGER: 250.25100 Appropriations $497,604.00 250.25000 Estimated Revenue $497,604.00 FROM REVENUE: 250.1315.001 State Revenue Reimbursement $497,604.00 TOTAL $497,604.00 TO EXPENDITURE: 250.1315.302 Contractual Services $97,563.00 250.1315.553 Construction $400,041.00 600.6200.799 Capital Outlay – Grant Match $307.00 FROM EXPENDITURE: 600.6200.371 Permitting $307.00 TOTAL $497,604.00 This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 1, 2022 Department Planning and Zoning Issue Continuation of briefing on the adoption of the newly revised Zoning Ordinance and the repealing of the existing Zoning Ordinance for the Town of Vinton Summary Over the past three years, expanding beyond the proposed changes identified during that grant cycle, town staff and the Planning Commission have been in the process of conducting a complete and in- depth revision of zoning ordinance. After extensive deliberative public feedback processes (both virtual and in-person) and legal reviews, town staff find that the current draft of the revised Zoning Ordinance is prepared for a final stage of review by the Commission and Town Council before its proposed adoption. Council and Planning Commission were briefed on the remainder of the proposed revisions to the Zoning Ordinance on January 18, 2022 and February 1, 2022. The Planning Commission held its final work session and public hearing on the ordinance on February 24, 2022. Attachments Vehicle Storage or Impoundment Lot Use Fact Sheet Excerpts from Proposed Zoning Ordinance Draft, Division 7, Sign Regulations Recommendations No action required Town Council Agenda Summary Vehicle Storage or Impoundment Lot Use February 16, 2022 TC/PC Assistance ______________________________________________________________________________ Current Zoning Ordinance: • Definition: “Storage lots for the parking of motor vehicles which are being held in the custody of a law enforcement agency or financial institution, but not including automobile graveyards, and provided that individual vehicles shall not be stored for periods exceeding 90 days.” • Regulation(s): Only the time duration mentioned in the definition above. • Zoning District: o M-1 Limited Industrial District: Special Use Permit (SUP) o M-2 General Industrial District: Special User Permit (SUP) Proposed Zoning Ordinance: • Definition: “An area designed to temporarily store wrecked, inoperative, or impounded motor vehicles or trailers. Service and towing vehicles used for the operation of the establishment may also be stored on the property. This use does not include the dismantling, wrecking, repair, or sale of motor vehicles or trailers or their parts.” • Regulation(s): (b) Standards. (1) There shall be no storage of any damaged, inoperative, or impounded motor vehicles or trailers for a period exceeding one hundred twenty (120) calendar days, unless documentation is provided that is satisfactory to the Zoning Administrator evidencing that such a damaged, inoperative, or impounded motor vehicle or trailer is the subject of an ongoing law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the establishment operating on the property. (2) Service and towing vehicles used for the operation of the establishment may also be stored on the property. (3) This use shall not include the dismantling, wrecking, repair, or sale of any motor vehicles or trailers or their parts. (4) The outdoor storage areas for this use shall be screened in such a way that they are not visible from surrounding properties or roads. The screening requirements for such areas dedicated to this use are set forth in Article VI, Division 5 (LANDSCAPING ORDINANCE). • Zoning District: o M-1 Limited Industrial District: Special Use Permit (SUP) o M-2 General Industrial District: By Right ARTICLE VI. – DEVELOPMENT STANDARDS 91 DIVISION 7. - SIGN REGULATIONS Sec. 6-44. - Purpose, applicability and definitions. (a) Purpose. The purpose of this division is to provide comprehensive sign regulations, which will promote and carry out the following objectives of the town: (1) To regulate the type, placement, and size of signs and other graphic devices within the town; (2) To ensure equity in the distribution of the privilege of using the public environment to communicate private information; (3) To emphasize assets of community appearance and high environmental quality in promoting business, industry and economic development; (4) To promote the public health, safety, and welfare of the public by prohibiting improperly designed or located signs which could distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community; (5) To protect property values by improving the quality of the environment; (6) To promote the economic growth of the town by creating a community image that is conducive to attracting new business and industrial development; (7) To permit reasonable legibility and effectiveness of signs and to prevent their overconcentration, improper placement and excessive height, bulk, density, and area; and (8) To provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. (9) These regulations are not intended to and do not restrict, limit or control the content of any sign message. (b) Applicability. The regulations contained in this division shall be applicable to signs in all districts. No sign shall be erected, constructed, installed or attached except in conformity with all of the provisions set forth in this division for the particular sign in the district in which it is located. (c) Definitions. Definitions of a sign, the various types of signs and the method of measuring the area of signs. (1) A-Frame Sign. A sign consisting of two sign faces placed together at an angle of 90 degrees or less to form an "A" shape structure that are connected at the top and separated at the base. (2) Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted to a flat position against the building, but not including a canopy. (3) Awning Sign. A sign that is mounted or painted on or attached to an awning (4) Banner. A sign applied to cloth, paper, flexible plastic, nylon, canvas or similar material, and generally intended to be displayed on a temporary basis. No banner sign may be converted to a permanent sign. (5) Beacon or searchlight sign: A beacon or searchlight that utilizes stationary or revolving light that flashes or projects illumination, single color or multicolored, to announce, attract attention, or advertise a use, activity, or event. (6) Billboard. See “outdoor advertising sign.” (7) Building Frontage. The portion of the principal building of an establishment which faces a public street. If a principal building is arranged on the lot so that the main entrance faces a parking area, then the Zoning Administrator may make a determination that the portion facing the parking area may be considered the building frontage. ARTICLE VI. – DEVELOPMENT STANDARDS 92 (8) Canopy. A structure, other than an awning, made of cloth, metal, or other material which may be totally or partially attached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure and cannot be raised or retracted. (9) Canopy Sign. A sign that is painted on, printed on, or attached to a canopy. (10) Changeable copy sign. A sign, or part of a sign, that is designed so that letters or numbers attached to the sign can be changed manually, or mechanically, to display a different copy or message. (11) Directional sign, on-premises. An on-premises sign designed to guide pedestrian or vehicular traffic on the site by using words such as "Entrance," "Exit," "Parking," "One-Way," or other similar directional language and which sign may contain the name of the establishment or its commercial logo in addition to the directional language. (12) Electronic message board sign. A computer-generated sign which displays messages with letters, pictographic, or symbolic informational content which can be changed or altered on a fixed display screen by electrically illuminated segments. Such sign displays information on an electronic message board for a use which is located on the same premises as the sign, on which the intensity of illumination is maintained at a constant level, and shall have the frequency of the change of copy established so that each display of copy remains static with no animation for at least six (6) seconds before changing to new copy. Textual messages may scroll no more than ten words in a sequence. The message shall not flash. (13) Feather sign. A lightweight, freestanding, temporary sign mounted along one edge on a single, vertical, flexible pole the shape of which may resemble a sail, bow, or teardrop. In order to avoid being categorized as a “moving or windblown sign,” a feather sign’s fabric or material must remain taut in order to prevent any sagging or flapping and the pole shall be designed and installed to prevent rotating. (14) Flag. Any generally rectangular or triangular single piece of fabric or other pliant material, regardless of content, attached to a flagpole only along one straight side. (15) Flashing sign. A sign with either flashing, running, or laser-generated lights or with lights that flash, blink pulse, strobe, scroll, or create an illusion of movement or that have a conspicuous and intermittent variation in illumination, appearance, color, or pattern. (16) Freestanding sign. Any affixed sign which is a monument sign, electronic message board sign, or which is supported by upright poles, posts or braces at least three inches in diameter, or five inches if measured diagonally. A freestanding sign shall be considered a structure within the meaning of this appendix. (17) Fuel pump sign. A sign affixed to the top of a fuel dispenser. (18) Ground sign. A freestanding sign, other than a pole sign, placed upon or supported by the ground independently of any other structure. (19) Historic site sign. See Sec. 6-50 for information on this sign type. (20) Illuminated sign. A sign with artificial light projecting through the face or portions of the face or directly shining on the face. (21) Inflatable sign. An inflated, nonporous sign filled with air or other gas that does not move, flutter, or undulate and is mounted to a structure, cord, cable or rod or staked to the ground. (22) Lot frontage. The portion of a property boundary or a lot line which abuts a public right-of-way. (23) Marquee. Any fixed hood, other than a canopy or awning, supported solely by the building to which it is attached that projects from the building and extends beyond the building wall. The location of any marquee shall be restricted to the main entrance to a building. (24) Marquee sign. A sign attached to or hung from a marquee. (25) Monument sign. A freestanding sign mounted or affixed to a freestanding base or pedestal secured permanently to the ground and not attached to a building or any other structure. ARTICLE VI. – DEVELOPMENT STANDARDS 93 (26) Moving or windblown sign. Any sign of which all or any part is in motion by natural or artificial means (including fluttering, rotating, undulating, swinging, oscillating, digital display animations) or by movement of the atmosphere including pennants, streamers, and balloons. For purposes of this Appendix, the hands of a clock, feather signs as defined by this Article, flags displayed in compliance with the provisions of Article V, Sec. 5-12, the changing of messages on electronic message boards so that each display of copy remains static with no animation for at least six (6) seconds before changing to new copy, and rotating barber poles not exceeding six feet in height and one foot in width shall not be considered a moving or windblown sign. (27) Nonconforming sign. A sign which was lawfully existing at the effective date of this appendix or subsequent amendment thereto, and which does not conform with the area, height, location, placement, type, number, lighting or other regulation pertaining to signs set forth in this appendix or an amendment thereto. (28) Off-premises Sign. Any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs. (29) Outdoor advertising sign. An off-premises sign or sign structure, commonly referred to as a "billboard," with display space available for lease and designed so that the copy or poster on the sign can be changed frequently (30) Pennant. Any generally rectangular or triangular sign attached only along one side, not affixed to a flagpole, and designed to flap in the wind. (31) Permanent Sign. A sign that is intended to be permanently in place for the duration of the permit use. Examples of permanent signs may include, but are not limited to wall signs, projecting signs, freestanding or monument signs, awning and canopy signs, and on-site directional signs (see Figure 6-44 (A): Permanent Sign Type Diagram). Figure 6-44 (A): Permanent Sign Type Diagram ARTICLE VI. – DEVELOPMENT STANDARDS 94 (32) Pole Sign. A freestanding sign erected and maintained on a freestanding mast or pole secured permanently to the ground and not attached to a building or any other structure, but not including a ground sign. (33) Portable Sign. Any sign designed and intended to be transported or movable. Such signs are not attached to a building or anchored within the ground and are capable of being moved easily from one location to another on its own chassis or by other means. Portable signs may not be illuminated or include audio equipment. No portable sign may be converted to a permanent sign. Examples of common features include, but are not limited to: a. Signs with wheels or with wheels removed. b. Signs with chassis or support constructed without wheels, including portable changeable message cabinets. c. Signs designed to be transported by trailer, wheels or motorized vehicle. d. Signs mounted on a motor vehicle for advertising purposes parked off the public right- of-way, except when the motor vehicle is being used in the normal, routine operations of the business. (34) Premises. A contiguous parcel of land with its appurtenances and buildings that functions as a unit. For the purpose of this Ordinance, an outparcel along the perimeter of a shopping center or similar multitenant use that contains a freestanding building and a parking area separate from the shopping center as indicated on an approved site plan shall be considered a premises separate from the premises of the shopping center. (35) Projecting Sign. A sign which is attached to and projects from a wall of a building so that the face of the sign is perpendicular or nearly perpendicular to the face of such wall and projects more than 15 inches from such building. (36) Public service message board. Any sign having a conspicuous and intermittent variation in illumination, message, color, or pattern powered by electricity and which displays different copy changes on the same lamp bank or message facility and installed on land owned by the Town or any other governmental entity established by the Commonwealth of Virginia. (37) Roof sign. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the highest point of a building with a flat roof, the lowest eave line of a building with gambrel, gable or hip roof or the deck line of a building with a mansard roof. (38) Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines of colors, or any combination thereof which can be viewed from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, and which is displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product, or any otherwise lawful message that does not attract attention to a business operated for profit or to a commodity or service offered for sale. For nonresidential developments, this definition is not intended to include private streets or other privately maintained access ways that do not directly connect to a public street and which are not visible in the spaces described above. (39) Sign area. That area of the sign which is or can be used for visual representation or communication. The term includes any background or surrounding material, panel, trim or ornamentation, color, and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface, or object upon or against which it is placed. A pole, post or similar structural support for a freestanding sign, including pole covers, shall be considered as part of the sign area if such pole, post, structural support or pole cover contains or forms an integral part of the sign display, as determined by the Zoning Administrator. ARTICLE VI. – DEVELOPMENT STANDARDS 95 (40) Sign height. The distance from the highest point of a sign to the finished elevation of the road providing principal access to the site on which the sign is located as measured from the bottom of the curb or edge of pavement (see Figure 6-44 (B): Sign Height). Figure 6-44 (B): Sign Height (41) Sign structure. Any portion of a sign, including the area devoted to message or display, and all poles, posts, supports, uprights, bracing, framework, border, background and structural trim. (42) Temporary Sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground. Temporary signs are designed to be easily moved and are not illuminated. Examples include, but are not limited to, A-frame signs, banners, posters, temporary window signs, site signs, and yard signs (see Figure 6-44 (C): Temporary Sign Type Diagram). ARTICLE VI. – DEVELOPMENT STANDARDS 96 Figure 6-44 (C): Temporary Sign Type Diagram (43) Wall Sign. A sign painted or etched directly on the outside wall or window of a building, or attached to and erected parallel to the face of a building and supported throughout its length by such wall or window of the building, and which extends no more than 15 inches from the building, and the message portion of which is parallel or nearly parallel to the surface to which the sign is attached. For purposes of this Article, temporary window and glass door signs defined herein are not wall signs. (44) Window and Glass Door Sign. A sign that is applied or attached directly to the interior or exterior of a window or door, or that is suspended from or located within one foot of a window or door, so that it is visible from any street, sidewalk, or public or private outdoor common space. This term shall not include merchandise located in a window. (45) Window and Glass Door Sign, Permanent. Any window sign designed to withstand fading, chipping or peeling over time that is not constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material. (46) Window and Glass Door Sign, Temporary. Any window sign that is composed of ink, paint or other applied product which is not designed to withstand fading, chipping or peeling over time or that is constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate. (47) Yard Sign. A freestanding temporary sign placed upon or supported by the ground independently of any other structure, but not including any A-frame sign. Sec. 6-45. - Standards. (a) Any sign displayed in the Town of Vinton, shall comply with the following: (1) All provisions of this Article; (2) All applicable provisions of the Uniform Statewide Building Code (USBC) and all amendments thereto; and (3) All state and federal regulations pertaining to the display of signage. Yard Sign Feather Sign A-frame Sign Banner Sign Freestanding Sign Site Sign Moving Sign ARTICLE VI. – DEVELOPMENT STANDARDS 97 (b) If any two or more sections of the above referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply. Sec. 6-45. – General Provisions. Sec. 6-45.1. – Signs in all districts (a) All signs shall conform to applicable provisions of the Uniform Statewide Building Code (USBC) and all amendments thereto. (b) Moving or windblown signs, including pennants, streamers, and balloons, and inflatable signs shall be permitted as special event signs in the R-B, CB, GB, M-1, or M-2 districts, provided such signs meet the following requirements: (1) A special event sign permit shall be required to allow for the display of any signs included in this subsection. Every application for a special event sign permit shall be submitted to the Zoning Administrator by the owner or tenant of the property involved or by an agent of the owner or tenant of the property. (2) Permits for such signs shall be limited to twelve (12) days per calendar year per lot. (3) Such signs shall not be located within 15 feet of any street line or other property line. (4) Signs permitted in this subsection shall not be illuminated or utilize lighting in any form. (c) No sign shall be permitted to be nailed or otherwise affixed to any existing sign structure or light pole unless it is to become an integral part of such existing sign structure. (d) No sign shall be located, arranged or designed so that it interferes with traffic by any of the following means: glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a traffic control device because of its color, location, shape, or other characteristic; or any other means. If sign is to be placed on a corner lot, it shall be located outside of the visibility triangle, as described in article VI, Sec. 6-11, visibility at intersections, of this appendix. (e) Except as specifically permitted in the CB district, no portion of any sign or its supporting structure shall extend beyond the property lines of the lot on which it is located or extend into or project over the right-of-way of a public street or alley. (f) No wall sign or other sign shall be attached to or obstruct any window, door, stairway or other opening intended for ingress or egress or for needed ventilation and light. (g) No person except a public officer or employee in performance of a public duty shall paste, paint, print, nail, tack, erect, place or fasten any sign, pennant, banner or notice of any kind within, facing or visible to any public street or public open space, except as provided for in this appendix. (h) A sign permit shall be required for each permanent sign or for any changes or additions to existing permanent signs. (i) Window or glass door signs. The total window and glass door, both permanent and temporary, sign display area at a given establishment shall not cover more than 25 percent of the total window and glass door area on the lot. Window signs are not permitted in any window of a space used for residential use. Window signs are prohibited on a floor above the first floor of a building unless the business advertised is only on the floor where the window sign is displayed. (Ord. No. 887, 6-16-2009) Sec. 6-45.2. - Exempted signs, displays and devices. Notwithstanding the general rules set forth in Sec. 6-45.1, the following signs and sign-related activities shall be exempt from the Sign Permit requirement to the extent indicated. Except where indicated in this ARTICLE VI. – DEVELOPMENT STANDARDS 98 subsection, such signs shall also not be counted towards the maximum sign allotment allowed for the applicable use or premises. (a) On-premises directional signs not exceeding four (4) square feet in sign area, and four (4) feet in height for freestanding directional signs. Directional signs shall be located at least three (3) feet from a street line or other property line, with no more than one (1) sign per one-way curb cut and two (2) directional signs per two-way curb cut; (b) Permanent signs not exceeding two square feet in area and required to be placed by governmental authority, or identifying owner or occupant of the property; (c) Temporary signs erected or required by governing bodies; (d) Integral decorative or architectural features of a building, except for moving parts or moving lights; (e) Signs erected by governmental agencies that do not to exceed 32 square feet in area. (f) Historic signs as permitted by Sec. 6-50; (g) Signs, not exceeding four square feet, that provide directions to a public use that are erected and maintained by a public agency or not-for-profit organization; (h) Signs placed by a public utility at or near the location of underground facilities; (i) Signs on the inside of establishments, except those specified in subsections 6-45.3 (d), (f), and (g); (j) Street address signs, not exceeding four square feet in area; (k) Clocks; (l) Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign; (m) All signs placed within public right-of-way, including the Virginia Department of Transportation's Integrated Directional Signage Program, shall fall under the authority of the town manager or his authorized agent; (n) Routine sign maintenance or changing of lettering or parts of signs designed to be regularly changed, including sign face changes; (o) Uniform road signage, including any sign erected in compliance with the provisions and standards of the Manual of Uniform Traffic Control Devices (MUTCD); (p) Wall graphics; (q) Window covers placed on the inside of a window(s) of a vacant storefront, or unit under construction as evidenced by an active building permit, to shield the interior of the building from view. Window covers shall not be subject to the maximum window and glass door coverage requirements of Sec. 6- 45.1 of this Article; (r) Signs displaying only the word "open" or "closed," or the hours of operation, illuminated or otherwise, provided such signs do not exceed one (1) per lot and do not exceed four (4) square feet in sign area; (s) Bulletin boards on a lot containing a permitted public or civic use. Not more than two (2) bulletin boards with an aggregate area not exceeding 32 square feet shall be mounted on a wall. Bulletin boards shall be excluded only for public uses or permitted civic uses if placed by a governmental agency or a civic organization; (t) Flags, subject to the regulations in Article V, Sec. 5-12. ARTICLE VI. – DEVELOPMENT STANDARDS 99 Sec. 6-45.3. – Prohibited Signs. Except where specifically permitted by the regulations of the applicable zoning district or overlay district, all of the following signs are prohibited in all zoning districts. (a) Any sign that due to its size, location, color, or illumination obscures a sign displayed by a public agency for the purpose of giving traffic or safety instructions or directions. (b) Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description. (c) Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental authority, or those signs for which written authorization has been obtained from the town manager or his authorized agent. (d) Flashing or revolving lights, beacon or searchlight signs, or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles or equipment. (e) A sign which is false or misleading such that it creates a threat to vehicular, bicycle, or pedestrian safety, and which contains the words "STOP," "GO," "SLOW," "CAUTION," "DANGER," "WARNING," or similar words. (f) Any sign displaying flashing or intermittent lights, or lights of changing degrees of intensity of color, or that is not in accordance with Sec. 6-45.1. (g) Moving or windblown signs, not including the hands of a clock, feather signs as defined by this Article, flags displayed in compliance with the provisions of Article V, Sec. 5-12, the changing of messages on electronic message boards so that each display of copy remains static with no animation for at least six (6) seconds before changing to new copy, and rotating barber poles not exceeding six feet in height and one foot in width shall not be considered a moving or windblown sign. Moving or windblown signs may be permitted as a special event sign under the provisions of Sec. 6-45.1(b). (h) Signs advertising activities or products that are illegal under federal, state, or town law. (i) A portable sign, but not including an A-frame sign or freestanding temporary sign (e.g. yard sign) displayed in compliance with the provisions of this Article. (j) An awning sign or canopy sign that projects vertically above or below or horizontally beyond the physical dimensions of the awning or canopy upon which it is affixed. (k) Roof signs, except for signs permitted in Sec. 6-51 below. (l) A sign located on a zoning lot where no principal use exists, except for a temporary sign located on a lot being offered for sale or lease at the time of application for the sign permit. (m) Inflatable signs, except when permitted as a special event sign under the provisions of Sec. 6-45.1(b). (n) Signs placed on mannequins, costumed characters, or similar objects, except in the interior of a building or a window display. (o) A sign which is structurally unsafe and hazardous. Sec. 6-46. – Temporary Signs. The following temporary signs are allowed but cannot be illuminated, and, unless otherwise stated, do not require a sign permit: (a) Temporary signs are permitted provided they meet the standards of this section. The area of any temporary sign maintained per this section shall not count for the allowable permanent sign area for any lot or structure. (1) Unless otherwise noted, all temporary signs shall be located no closer than 5 feet from any street line or other property line. ARTICLE VI. – DEVELOPMENT STANDARDS 100 (b) Signs posted by or under the direction of any public or court officer in the performance of official duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments. These signs must be removed no later than 10 days after the last day of the period for which they are displayed. (c) Signs that are displayed on a lot or property that is actively marketed for sale, rent or lease, as follows: (1) A single building-mounted or freestanding sign is allowed, except that two (2) signs are permitted on a corner lot when each sign faces a different street frontage. Such sign(s) must be removed within 7 days of the settlement, rental or lease of the property. (2) Sign(s) located on a property developed with, or planned for development of, a single- family detached or attached dwelling unit, cannot exceed 6 square feet in area and a height of 6 feet. (3) Sign(s) located on a property developed with, or planned for development of, a multiple family dwelling unit cannot exceed 12 square feet in area and a height of 8 feet. (4) Sign(s) located on a property developed with, or planned for development of, any nonresidential use, cannot exceed 32 square feet in area and a height of 8 feet. (d) Signs during active construction or alterations to residential, commercial, and industrial buildings are permitted, as follows: (1) For a new residential, commercial or industrial development, one sign per development, not to exceed 60 square feet in area and a height of 10 feet. For lots containing multiple road frontages, one additional sign per street frontage is allowed, limited to 32 square feet in area and a height of 8 feet. All signs must be removed within 14 days following completion of the construction of the development, as determined by the Zoning Administrator, and no sign may be displayed for more than 2 years from the date of the issuance of the first building permit for the development. If construction has not been completed within this timeframe and building permits are active for the development, a sign permit is required to allow the continued display of any sign. (2) For an individual single-family dwelling unit undergoing construction, improvement or renovation, one sign, not to exceed 4 square feet in area or a height of 4 feet is allowed. No sign can be displayed before commencement of the improvement or renovation work, and the sign must be removed within 7 days after the improvement or renovation is completed with all necessary inspections approved, or within 6 months, whichever is less. (e) Signs on any lot developed with a residential use cannot exceed 12 square feet in total area and a height of 4 feet. (1) Signs do not promote commercial products or services. (2) Signs that do not comply with the requirements of this section shall be subject to the permit requirements, sign area, setback and other provisions of this chapter. All signs shall comply with general sign regulations per Sec. 6-45. (f) For nonresidential uses, temporary signs are permitted as follows: (1) For nonresidential uses located on a lot with frontage on a public right-of-way, building- mounted and freestanding temporary signs are allowed, not to exceed twenty-four (24) square feet in total sign area per lot. If freestanding, no more than two (2) such signs are allowed per lot with a maximum height of 4 feet, except for feather signs, as defined by this Article which may exceed this height limit. Feather signs shall only be displayed during business hours. (g) For nonresidential uses where permitted, window and glass door signs are permitted as follows: ARTICLE VI. – DEVELOPMENT STANDARDS 101 (1) The total sign display area at a given establishment, including both permanent and temporary window signs, does not cover more than 25 percent of the total window and glass door area on the lot. (2) Temporary window and glass door signs are not included in the total permanent sign area calculation. (h) For nonresidential uses, a single A-frame sign not to exceed 16 square feet in area and a height of 4 feet is allowed. The sign must also conform to the following regulations: (1) Signs shall be located within 25 feet of a building or designated site entrance that provides access to the use, and cannot impede pedestrian or vehicular traffic. (2) Such signs shall not project over any portion of a street nor shall they obstruct the sidewalk to less than four feet in width. (3) All such signs shall be of durable construction, and when displayed shall be anchored in a manner approved by the Zoning Administrator. (4) Such signs shall only be displayed during business hours. (5) One (1) sandwich board sign is permitted for each business and for shopping centers are not to exceed a total of 12 sandwich board signs. (i) Each temporary sign shall be maintained in good, safe condition, and securely affixed to a building or the ground. Sec. 6-47. – Sign permits required for signs. (a) No sign, unless specifically exempted by the provisions of this division, shall be erected or installed unless a sign permit for such sign has been issued by the Zoning Administrator after determination that such sign conforms to all applicable provisions of this appendix. (b) No sign containing electrical components shall be erected or installed unless an electrical permit for such sign has been issued by the Roanoke County Office of Building Safety after determination that such sign conforms to all applicable provisions of this appendix. (c) Other permits may be required, as applicable. (d) Applications for sign permits, as well as other applicable permits, shall be submitted and considered in accordance with the provisions of Article VIII of this appendix. Failure to obtain the required permits shall constitute a violation of this appendix. (e) No sign permit shall be required for signs placed within public right-of-way. However, written authorization must be obtained from the town manager prior to any sign being placed within a right-of- way. Sec. 6-48. – Sign Measurement Rules. (a) When building frontage is used to calculate allowable sign area, the following applies: (1) Building frontage is the linear width of the wall taken at a height no greater than 10 feet above grade. (2) On buildings with a single tenant or with multiple tenants that access the building via a common outside entrance(s), building frontage is the face or wall that is architecturally designed as the front of the building and that contains the main public entrance, as determined by the Zoning Administrator. (3) On buildings with more than a single tenant where each tenant has its own outside entrance(s), building frontage for each tenant is the wall that contains that tenant's main public entrance, as determined by the Zoning Administrator. ARTICLE VI. – DEVELOPMENT STANDARDS 102 (b) When calculating any building and/or wall-mounted sign area, the following applies: (1) Building and/or wall-mounted sign area is that area within a single continuous rectilinear perimeter of not more than eight (8) straight lines intersecting at right angles, which encloses the outer limits of all words, representations, symbols, and/or pictorial elements, together with all material, color and/or lighting forming an integral part of the display or used to differentiate the sign form the background against which it placed (see Figure 6- 48 below). (2) The area of building-mounted signs composed of individual letters and/or symbols is calculated by one of the following methods: (A) If the space between the proposed individual letters or symbols is less in dimension than the width of the largest letter or symbol, sign area is calculated in accordance with subsection 6-48(b)(1) above. (B) If the space between the proposed individual letters or symbols is greater than the width of the largest letter or symbol, sign area is calculated as the total combined area of rectangular enclosures surrounding each individual letter or symbol. Figure 6-48: Eight-Line Measurement Methodology Example (c) The following provisions apply to calculating the sign area of any freestanding signs: (1) The supports, uprights or structure on which any freestanding sign is supported are not included in calculating sign area unless they contain or form an integral part of the sign display, as determined by the Zoning Administrator. (2) The area of a freestanding sign designed with more than one sign face is calculated as follows: (A) If the sign faces are separated by an interior angle of thirty (30) degrees or more, all sign faces are calculated in the sign area. (B) If the sign faces are separated by an interior angle that is less than thirty (30) degrees, sign area is calculated based on the area of the largest single face. (C) Signs shall be located facing the street, lot line, or building frontage from which the allotment is computed. (3) The height of a freestanding sign is calculated as the distance from the highest point of a sign to the finished elevation of the road providing principal access to the site on which ARTICLE VI. – DEVELOPMENT STANDARDS 103 the sign is located as measured from the bottom of the curb or edge of pavement (see Figure 6-44 (A): Sign Height). Sec. 6-49. – Illuminated Signs. (a) Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: (1) Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. (2) No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. (3) No light from any illuminated sign shall cause direct glare onto any adjoining piece of property or any adjoining right-of-way. (4) Arrows or other directional indicators on a sign may not be illuminated. (5) No receptacle or device housing a permitted light source which is attached to the sign itself shall protrude more than 15 inches from the face of the sign or building to which it is attached (no more than 60 inches for outdoor advertising signs). If ground lighting is used to illuminate a sign, the receptacle or device should not protrude more than 12 inches. (6) In no event shall the illumination of any sign resulting from any internal or external artificial light source exceed 100 lumens. (b) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above-referenced labels to be affixed and thereafter inspected to insure compliance with these standards. Sec. 6-50. – Historic Signs. (a) Intent. Identify the architectural, cultural, and historic significance to the town and encourage their preservation, enhancement, and maintenance. (b) Designation. A sign may be designated historically significant if it was installed prior to January 1, 1960, and meets at least three or more of the following criteria: (1) The sign exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or historic heritage of the town; (2) The sign identifies with a person or persons or groups who significantly contributed to the history and development of the town, regional, state or national culture and history; (3) The sign exemplifies one of the best remaining architectural type in a community; or contains outstanding or exemplary elements of attention to architectural design, detail, materials, or artisanship of a particular historic period. (4) The sign is in a unique location or singular physical characteristic(s) represents an established and familiar visual feature of the neighborhood, community or the town; (5) The sign has been in existence for more than 40 years and it possesses integrity of location, design, setting, materials, workmanship, feeling and association; (6) The sign has been continually displayed for more than 40 years, with the exception of routine maintenance, repair or restoration; (c) Designation of historic sign(s) shall be subject to approval by the Zoning Administrator. (d) A sign permit will be required for a historic sign and any historic sign displayed shall comply with all applicable provisions of the IBC and all amendments thereto. (e) A historic sign shall be restored to its original condition. ARTICLE VI. – DEVELOPMENT STANDARDS 104 (f) A historic sign shall only be allowed in the following zoning districts: CB, GB, RB, M-1, and M-2 and shall be exempted from being included in the maximum permitted sign area and the maximum number of signs allowed in the designated districts. Sec. 6-51. – Rooftop Screening Wall Signs. (a) Intent. Allow for signs to be mounted onto rooftop screening walls of establishments in the CB Central Business District in a way that does not distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community. (b) Applicability. This sign type shall only be allowed in the CB Central Business District. The supplemental regulations of this section shall apply to any rooftop screening wall sign permitted by this appendix. (c) General standards. (1) Only one (1) rooftop screening wall sign shall be allowed per lot; (2) Such sign shall be counted towards the maximum sign allotment allowed for the applicable use or premises; (3) The sign must be mounted flat against the wall, and no part of the sign can extend above or beyond the perimeter of the wall; (4) The sign cannot be installed more than eight (8) feet above the building roof supporting the screening wall measured from the top of the sign; (5) Such sign shall not be illuminated through any means. (d) Zoning district where permitted. (1) This sign type shall be permitted by right in the CB Central Business District. Sec. 6-52. – Other Permitted Signs. The following signs shall be permitted in all districts, and the area of such signs shall not be included in calculating the maximum permitted area of signs on any lot. (a) Fuel pump signs. Gasoline service stations, self-service gasoline stations and auto service centers are permitted two (2) additional square foot of sign area for fuel pump signs to be displayed on top of each fuel dispenser. (b) Signs relating to public or civic uses. The following signs shall be permitted for any public-owned property to identify schools, parks, playgrounds, community centers and other public or permitted civic uses, subject to approval by the Zoning Administrator. (1) In any case, where the provisions of this section are less restrictive or permit a sign of greater area, height or dimension than permitted in any other zoning district where public or permitted civic uses are permitted, the provisions of this section shall govern. (2) Signs not exceeding in the aggregate 32 square feet in area along each street frontage. Such signs shall be attached flat against a main building or may include one freestanding sign along each street frontage; (3) Not more than two bulletin or notice boards with an aggregate area not exceeding 32 square feet. Such bulletin or notice boards shall be mounted on a wall or on a freestanding structure. Sec. 6-53. – Signs regulations in residential districts. In addition to the regulations generally applicable to signs in all districts, the signs shall be permitted and the following regulations shall apply in the R-LD, R-1, R-2 and R-3 residential districts. (a) Illuminated signs. Illuminated signs, including electronic message board signs, shall not be permitted in the R-LD, R-1, R-2, and R-3 residential districts. ARTICLE VI. – DEVELOPMENT STANDARDS 105 (b) Signs identifying residential neighborhoods. One (1) freestanding sign identifying the name of the residential neighborhood is permitted at each principle entrance to a residential development within a residential zoning district. (1) A maximum of two (2) freestanding identification signs per neighborhood. (2) The maximum area per sign face shall be 32 square feet. Land Use Building-Mounted/ Wall Signs Freestanding Signs Single-Family, Two-Family, Semi- Detached Dwelling and individual Townhouse units Not permitted Not permitted Multi-Family and Townhouse Developments Maximum aggregate area: 32 sq. ft. Maximum area of sign: 32 sq. ft. Maximum number per lot: 1 Maximum height: Height of the wall to which it is attached Maximum height: 8 ft. Setback: 10 ft. from any street line or other property line Nonresidential uses, including public and civic uses as defined in Article XI. Maximum aggregate area: 32 sq. ft. Maximum area of sign: 32 sq. ft. Maximum number per lot: 1 Maximum height: Height of the wall to which it is attached Maximum height: 8 ft. Setback: 10 ft. from any street line or other property line (c) In addition to the signs in the table, the following signs may be erected: (1) Temporary signs. Temporary signs are permitted as set forth in Sec. 6-46 of this Division. Sec. 6-54. – Signs regulations in the R-B district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply for a lot containing a nonresidential use in the R-B residential-business district. For a lot containing a residential use in the R-B residential-business district, the regulations set forth in Sec. 6-53 shall apply. (a) Signs permitted in residential districts. Any sign permitted in residential districts as set forth in Section 6-53 of this article shall be permitted. In any case, where the provisions of this section are less restrictive or permit a sign of greater area, height or dimension than permitted in a residential district, the provisions of this section shall govern. (b) Maximum number of signs. Not more than four permanent signs shall be provided on a lot. (c) Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed 76 square feet. (d) Installation requirements. Any projecting, wall, or window and glass door sign (whether permanent or temporary), shall not be installed on any surface above the first floor of a building in this zoning district. ARTICLE VI. – DEVELOPMENT STANDARDS 106 Sign Type Number of Signs Allowed (Maximum) Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Freestanding 1 per lot 32 square feet 10 feet 10 feet from any street line or other property line. Projecting1 1 per lot 12 square feet Height of the wall to which it is attached Not closer than two feet from any curb line Wall Not applicable 32 square feet (total area of all wall signs) Height of the wall to which it is attached Same as that applicable to the structure (e) The following apply to the corresponding sign types and standards for which superscript numbers are in the table above: (1) Projecting signs. Signs, including poles or other support structures, shall not project greater than three feet from the face of the building, shall not be closer than two feet from any curb line, and shall provide a minimum under-clearance of seven feet. Signs that extend less than six inches from the surface of the building shall be considered wall signs. (f) In addition to the signs in the table, the following signs may be erected: (1) Temporary signs. Temporary signs are permitted as set forth in Sec. 6-46 of this Division. (2) Window and glass door signs. The total sign display area at a given establishment does not cover more than 25 percent of the total window and glass door area on the lot. Sec. 6-55. – Signs regulations in the GB and M-1 district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in GB general business and M-1 limited industrial districts. (a) Maximum permitted sign area. For lots with a combined width of 33 feet or less along their principal street frontage, the combined surface area of all signs for the lot shall not exceed 50 square feet. For all other lots the aggregate area of all permanent signs located on a lot shall not exceed one and one- half square feet for each linear foot of lot frontage along the street, nor in any case 500 square feet, provided that: (1) In the case of a lot having frontage on more than one street, permitted sign area shall apply along each street frontage; (2) In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed one and one-half square feet for each linear foot of building frontage devoted to such tenant, nor in any case 500 square feet. In addition thereto, each shopping center shall be permitted freestanding signs subject to the restrictions set forth in paragraph subsection (c) (2) of this section. (b) Maximum number of signs. Not more than five permanent signs shall be provided on a lot except a shopping center as defined in article X of this appendix. ARTICLE VI. – DEVELOPMENT STANDARDS 107 (1) In the case of a lot having frontage on more than one street, and the main building having multiple tenants, not more than six permanent signs shall be allowed on the lot. In no such case shall more than four permanent signs be displayed on a single lot frontage. Sign Type Number of Signs Allowed (Maximum) Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Awning and Canopy1 1 on each awning or canopy 50 square feet each sign Extremities of the awning or canopy Not closer than two feet from any curb line Freestanding2 1 per street frontage of 100 feet or more in length 100 square feet each sign 25 feet 5 feet from any street line or other property line. Projecting3 1 permitted on the face of the main building frontage 32 square feet The height of the wall it is attached Not closer than two feet from any curb line Wall Not applicable Not applicable The height of the wall it is attached Same as that applicable to the structure (c) The following apply to the corresponding sign types and standards for which superscript numbers are in the table above: (1) Awning and canopy signs. a. One awning or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to the same building frontage b. Awnings and canopies with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will an awning or canopy be allowed to have an under- clearance of less than seven feet. c. Stanchions or columns that support awnings and canopies shall be located not less than two feet in from the curb line. d. Any awning or canopy which is not securely fastened or becomes torn or damaged, as determined by the Zoning Administrator, shall constitute a violation of this article and shall be removed or repaired upon written order by the Zoning Administrator. (2) Freestanding signs. a. No freestanding sign shall be located within 50 feet of any lot in a residential district, or within five feet of any street right-of-way line, other property line or driveway intersecting a street. b. Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet ARTICLE VI. – DEVELOPMENT STANDARDS 108 c. In the case of a shopping center, one freestanding sign not exceeding 200 square feet in area or 35 feet in height shall be permitted when no other freestanding signs are located on the shopping center site or any adjacent out-parcel or pad site. (3) Projecting signs. a. Signs, including poles or other support structures, shall not project greater than four feet from the face of the building and shall not be closer than two feet from any curb line. b. Projecting signs with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will a projecting sign be allowed to have an under-clearance of less than seven feet. c. Projecting signs that extend less than six inches from the surface of the building shall be considered wall signs. (d) In addition to the signs in the table, the following signs may be erected: (1) Temporary signs. Temporary signs are permitted as set forth in Sec. 6-46 of this Division. (2) Window and glass door signs. The total sign display area at a given establishment does not cover more than 25 percent of the total window and glass door area on the lot. Sec. 6-56. – Signs regulations in the CB district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the CB central business district. (a) Maximum permitted sign area. For lots with a combined width of 33 feet or less along their principal street frontage, the combined surface area of all signs for the lot shall not exceed 50 square feet. For all other lots the aggregate area of all permanent signs located on a lot shall not exceed one and one- half square feet for each linear foot of building frontage along the street, nor in any case 50 square feet, provided that: (1) In the case of a building having frontage on more than one street, permitted sign area shall apply along each street frontage; (2) Where more than one main building is located on a lot, the aggregate area of all signs attached to each building shall not exceed one and half square feet for each linear foot of building frontage along the street, nor in any case 50 square feet. Sign Type Number of Signs Allowed (Maximum) Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Awning and Canopy1 1 on each awning or canopy 12 square feet Extremities of the awning or canopy Not closer than two feet from any curb line (*) Freestanding2 1 per street frontage 20 square feet 12 feet Not applicable Projecting3 1 per main building frontage 12 square feet The height of the wall it is attached Not closer than two feet from any curb line Wall Not applicable Not Applicable The height of the wall it is attached Same as that applicable to the structure ARTICLE VI. – DEVELOPMENT STANDARDS 109 * exception to the sign setback minimum mentioned below in subsection(b)(1)(d) (b) The following apply to the corresponding sign types and standards for which superscript numbers are in the table above: (1) Awning and canopy signs. a. One awning or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to the same building frontage b. Awnings and canopies with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will an awning or canopy be allowed to have an under- clearance of less than seven feet. c. Stanchions or columns that support awnings and canopies shall be located not less than two feet in from the curb line. d. * Awnings or canopies containing signs conforming with the provisions of this section shall be permitted to extend over the sidewalk portion of a right-of-way of a public street when authorized by the town council. e. Any awning or canopy which is not securely fastened or becomes torn or damaged as determined by the Zoning Administrator, shall constitute a violation of this article and shall be removed or repaired upon written order by the Zoning Administrator. (2) Freestanding signs. a. Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet (3) Projecting signs. a. Signs, including poles or other support structures, shall not project greater than four feet from the face of the building and shall not be closer than two feet from any curb line. b. Projecting signs with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will a projecting sign be allowed to have an under-clearance of less than seven feet. c. Projecting signs that extend less than six inches from the surface of the building shall be considered wall signs. (d) In addition to the signs in the table, the following signs may be erected: (1) Temporary signs. Temporary signs are permitted as set forth in Sec. 6-46 of this Division. (2) Window and glass door signs. The total sign display area at a given establishment does not cover more than 25 percent of the total window and glass door area on the lot. Sec. 6-57. – Signs regulations in the M-2 district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the M-2 general industrial district. (a) Signs permitted in GB and M-1 districts. Any sign permitted in GB and M-1 districts as set forth in section 5-52 of this appendix shall be permitted. ARTICLE VI. – DEVELOPMENT STANDARDS 110 (b) Billboard signs. Billboard signs shall be permitted provided that: (1) No billboard sign shall exceed 378 square feet in area; (2) There shall be no more than one billboard sign attached to or painted on a sign structure, except that two billboard signs may be attached back-to-back on a single structure, in which case such arrangement shall be considered double-faced sign for purposes of calculating permitted area; (3) No billboard sign or sign structure shall exceed a height of 35 feet, nor shall any billboard sign be installed on the roof of any structure; (4) No billboard sign shall be located within 500 feet of another billboard sign; (5) No billboard sign shall be located within 15 feet of any street line or other property line, or within 200 feet of any residential or R-B district. Sec. 6-58. – Signs regulations in the planned development district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted in the planned development district: (a) Signs permitted in residential districts. Any sign permitted in residential districts as set forth in Section 6-53 of this appendix shall be permitted. (b) Signs permitted in the CB district. Any sign permitted in the CB district as set forth in Section 6-56 of this appendix shall be permitted for commercial uses. Sec. 6-59. – Signs regulations in the public/open space district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the public/open space district. Sign Type Number of Signs Allowed (Maximum) Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Identification Sign 2 per lot 32 square feet 8 feet 10 feet from any residential property; 15 feet from any street line (a) The following apply to the corresponding sign types and standards for which superscript numbers are in the table above: (1) Temporary signs. Temporary signs are permitted as set forth in Sec. 6-46 of this Division. Sec. 6-60. – Sign Maintenance, Repair, and Removal. (a) It shall be unlawful for any person to maintain or permit to be maintained on any premises owned or controlled by said person any sign which is in a damaged or deteriorated condition and constitutes a danger or hazard to public safety. (b) Sign components and materials shall be kept in good repair which shall include the sign being free of holes, chipping, cracking, peeling, fading, rusting or nonfunctional components that are detectable from beyond the property line. Any sign in violation of this section shall be removed or repaired by the owner of the sign or the owner of the premises. A permit may be required for maintenance work. ARTICLE VI. – DEVELOPMENT STANDARDS 111 (c) Temporary signs showing evidence of deterioration, such as rips, tears, color fading, frayed edges or otherwise showing need of general maintenance that can be seen from the property line shall be removed, repaired or replaced promptly (provided the replacement complies with all other portions of this Appendix). (d) The Zoning Administrator shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety, and welfare of the public. (e) The town may collect the cost of such removal, obliteration or abatement from the person erecting, using, operating, posting or displaying such signs. Sec. 6-61. – Signs identifying nonconforming uses. One sign identifying a nonconforming use located in a residential district shall be permitted; provided that such sign shall be attached flat against the building occupied by the use and shall not exceed eight square feet in area. Signs identifying nonconforming uses located in districts other than residential districts shall conform to the sign regulations applicable in the district in which the use is located. Sec. 6-62. – Nonconforming signs. A nonconforming sign shall be permitted to remain subject to the restrictions and limitations set forth in this section. (a) Maintenance and alteration. A nonconforming sign may be maintained and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. Lighting or illumination shall not be added to a nonconforming sign. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this paragraph are met. (b) Restoration or removal of damaged signs. Any nonconforming sign damaged to the extent that it represents a public hazard as determined by the building official or Zoning Administrator or any nonconforming sign damaged by any casualty to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this article. In the case of damage of 50 percent or less of the replacement cost of a nonconforming sign damaged by any casualty, such sign may be restored as before the damage, if such restoration is completed within six months of the damage. (c) Removal of abandoned non-conforming signs. The Zoning Administrator may order the removal of any nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business or use for which the sign was erected has not been in operation for a period of at least two (2) years. Such nonconforming sign(s) and its supporting structure shall be removed by the owner of the property on which the sign is located, or the agent for the property owner, or tenant or lessee of the property having beneficial use of the property upon which the sign(s) is located, within thirty (30) days of written notice by the Zoning Administrator. (d) Signs nonconforming due to lighting or animation. Any sign that is nonconforming due to lighting or animation shall be eliminated or made to conform to the regulations pertaining to lighting and animation within 90 days from the effective date of this provision. (e) Nonconforming portable or temporary signs. Any nonconforming portable sign or nonconforming temporary sign shall be eliminated or made to conform to the regulations set forth in this article within 90 days from the effective date of this provision. Sec. 6-63. – Obsolete signs. (a) Obsolete signs. In the event that a use or activity has ceased operating on the site for a period of two (2) years, all related sign faces shall be painted out or otherwise removed or made to comply with this article by the owner, agent, or person having the beneficial use of the building, structure or lot upon which such sign is located within 30 days of such cessation. ARTICLE VI. – DEVELOPMENT STANDARDS 112 (b) Upon failure to comply within the time specified, the Zoning Administrator is hereby authorized to order painting over or removal of such sign within 30 days of written notification, and any incidental expenses thereto shall be paid by the owner of the building, structure or lot on which such sign is located. DIVISION 8. – RESERVED. DIVISION 9. - TELECOMMUNICATION FACILITIES Sec. 6-63. – Purpose and short title. This division may be referred to as the “Town of Vinton Telecommunications Zoning Ordinance.” The Virginia Zoning Enabling Act, Va. Code §§ 15.2-2280 et seq., to ensure the orderly development of land within the Town and to protect the public health, safety, general welfare, and as good zoning practice, and to further those public purposes set forth in section 15.2-2283 of the Code of Virginia, 1950, as amended. (Statutory Reference: Va. Code § 15.2-2280 et seq., 15.2-2316.3 et seq.) Sec. 6-64. – Applicability. (a) The requirements set forth in this division shall govern the location of all telecommunications towers, monopoles, antennas, small wireless facilities, and amateur radio antennas, constructed to a height greater than 16 feet 6 inches in height from ground level, as well as all base stations. (b) This division applies to all wireless facilities located or to be located on all property located within the incorporated limits of the Town of Vinton, regardless of the use, ownership, or dedication of such property to public use or the use of a certificated public service company. (Statutory Reference: Va. Code § 15.2-2281, cross-ref.: § 15.2-2030.) Sec. 6-65. – Development standards for small wireless facilities attached to existing structures. (a) Emissions from small wireless facilities attached to existing structures shall not materially interfere with existing communications facilities or facilities planned for future public safety communications. (b) If, during the site plan, plot plan, or scaled elevation approval process, a public safety agency identifies a public safety concern or a critical public safety need, the small wireless facility shall be disapproved. (c) For small wireless facilities in the public rights-of-way or other publicly-owned or publicly- controlled property, such facilities must be painted or otherwise be designed to match the color and texture of the structure upon which they are affixed. (d) No small wireless facility shall fail to have and provide all required approvals from all departments, authorities, and agencies with jurisdiction over the property, provided that the Zoning Administrator may grant preliminary approval prior to other approvals being granted, but such preliminary approval shall not be a final approval authorizing establishment of any use or structure and must be followed with a final plot plan and scaled elevation for approval based on the final permits, and shall not be construed as an approval that would vest a right. Meeting Date March 1, 2022 Department Council Issue Consider adoption of a Resolution appointing an Interim Treasurer effective March 3, 2022 Summary Anne W. Cantrell, the current Treasurer/Finance Director has submitted her resignation effective March 3, 2022. It is necessary that Vinton Town Council appoint an Interim Treasurer effective March 3, 2022 to fill the vacant position until a permanent replacement is hired. Attachments None Recommendations Motion to appoint Interim Treasurer Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 1, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Anne W. Cantrell, the current Treasurer/Finance Director has submitted her resignation effective March 3, 2022; and WHEREAS, it is necessary that Vinton Town Council appoint an Interim Treasurer effective March 3, 2022 to fill the vacant position until a permanent replacement is hired. NOW, THEREFORE, BE IT RESOLVED that Vinton Town Council does hereby appoint Cody Section, Assistant Town Manager, to serve as the Interim Treasurer in the Town of Vinton effective March 3, 2022 until a permanent appointment for Treasurer/Finance Director is made. This Resolution was adopted on motion made by ___________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date March 1, 2022 Department Council Issue Appointments to Boards/Commissions/Committees – Greater Roanoke Transit Company Summary Anne Cantrell has resigned from the Town effective March 2, 2022. Nathan McClung is willing to be appointed to complete Ms. Cantrell’s unexpired term ending June 30, 2022. Attachments None Recommendations Motion to appoint Nathan McClung to complete Anne Cantrell’s unexpired term ending June 30, 2022 on the Greater Roanoke Transit Company Town Council Agenda Summary