HomeMy WebLinkAbout4/19/2016 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, April 19, 2016
AGENDA
Consideration of:
A. 6:30 p.m. - WORK SESSION
1. Overview of Interim Town Manager’s Recommended Budget
B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. CONSENT AGENDA
1. Consider approval of the minutes of the regular meeting of March 15, 2016.
G. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Introduction of Adam Hoover, Police Officer – Chief Tom Foster
2. Report on the Vinton Volunteer First Aid Crew for April 2016 – Wayne Guffey
3. Proclamation – Arbor Day – Anita McMillan
4. Proclamation – National Drinking Water Week
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. TOWN ATTORNEY
Bradley E. Grose, Mayor
Matthew S. Hare, Vice Mayor
I. Douglas Adams, Jr., Council Member
Sabrina McCarty, Council Member
Janet Scheid, Council Member
311 South Pollard Street
Vinton, VA 24179
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J. TOWN MANAGER
BRIEFINGS
1. Briefing on the purchase of a Leonard Pilot Series 9’ x 12’ storage building to be placed
behind the Vinton Museum at 210 East Jackson Avenue. – Doug Forbes
2. Briefing on proposed changes to Section 86-287 of the Vinton Town Code to reduce the
itinerant vendor business license tax from a maximum of $500.00 to a maximum of
$50.00 annually. - Anita McMillan
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution approving the 2016-2017 operating budget of the
Roanoke Valley Resource Authority. – Dan Miles
2. Consider adoption of a Resolution approving the 2016-2017 operating budget for the
Roanoke Valley Regional Cable Television Committee. – Elaine Bays-Murphy
3. Consider adoption of an Ordinance amending Chapter 79 Stormwater Management, of
the Vinton Town Code. - Anita McMillan
4. Consider adoption of a Resolution authorizing the Interim Town Manager to execute the
necessary documents, including a deed, for the Roanoke County dedication of an eighty
(80) foot wide greenway easement to the Town for the purpose of completing the Glade
Creek Greenway Phase 2 Project. – Anita McMillan
5. Consider adoption of a Resolution appropriating funds in the amount of $2,616.64 for the
receipt of an insurance claim made on a generator at the Vinton Fire Department. – Barry
Thompson
6. Consider adoption of a Resolution appropriating funds in the amount of $2,959.55 for the
receipt of an insurance claim made on a 2009 Dodge Charger (Unit 1137) of the Police
Department. - Chief Tom Foster
7. Consider adoption of a Resolution approving a loan to ANBAJA Ent
in the amount of $25,000.00 from the CDBG Revolving Loan Fund. – Pete Peters
8.
in the amount of $29,000.00 from the CDBG Revolving Loan Fund. – Pete Peters
9. Consider adoption of a Resolution authorizing the renewal of the Town of Vinton
Employees’ group health insurance coverage with The Local Choice Program for the
contract year July 1, 2016 through June 30, 2017. – Donna Collins
K. FINANCIAL REPORT FOR FEBRUARY 2016
L. MAYOR
M. COUNCIL
1. Appointments to Boards/Commissions/Committees
N. ADJOURNMENT
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NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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.
NEXT TOWN COUNCIL MEETINGS/COMMITTEES:
May 3, 2016 – 7:00 p.m. – Council meeting – Council Chambers
May 9, 2016 – 3:00 p.m. – Finance Committee Meeting – Finance Conference Room
Meeting Date
April 19, 2016
Department
Administration
Issue
Overview of Interim Town Manager’s Recommended Budget
Summary
The Interim Town Manager will present his overview of the recommended budget that was
delivered to Council on Friday, April 15, 2016.
The FY2016-2017 proposed budget will be placed in the Town’s Drop Box and on the Town’s
website on Monday, April 18, 2016.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 19, 2016
Department
Town Clerk
Issue
Consider approval of the minutes for the regular meeting of March 15, 2016
Summary
None
Attachments
March 15, 2016
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M.
ON TUESDAY, MARCH 15, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Matthew S. Hare, Vice Mayor
I. Douglas Adams, Jr.
Sabrina McCarty
Janet Scheid
STAFF PRESENT: Barry W. Thompson, Interim Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Theresa Fontana, Town Attorney
Richard W. Peters, Assistant Town Manager/Director of
Economic Development
Donna Collins, Human Resources Director
Anita McMillan, Planning & Zoning Director
Anne Whitehurst, Accounting Manager
Gary Woodson, Public Works Director
Joey Hiner, Assistant Public Works Director
Jeff Dudley, Interim Police Chief
Tom Foster, Police Chief
The Mayor called the Work Session to order to
hear a briefing on the Roanoke Valley Transit Vision
and Programing at the Roanoke Valley-Alleghany
stretch. They want to make sure that they get local
final decisions.
Plan, the initial steps on the creation of the Plan and
the members of the Steer
public outreach was done in three phases – Phase
recommendations.
into account transit prop
transit services currently are
are based on the different demographics and where
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at travel flow analysis which was made up of any
type of trip on any type of m
our transit system.
Ms. Finch next commented that in Vinton the short-
term recommendation within the next six years is to
keep the services that are currently offered
and later shift jobs.
recommendation to add Sunday service,
gap in transit network in general at the present time,
on four different routes basically going North, South,
East and West.
Other short-
providing service further West into Roanoke County
into the Glenvar/Richfield area, between Salem and
Road to the DMV a
towards Bonsack and East Park.
In response to a question by Vice Mayor Hare about
extended bus service
bus route had started in January servicing the RCIT
City of Roanoke and indicated they were not able to
because of the lack of bus service.
serv
Roanoke. Council Member Scheid asked if there is
months on how well that
and the rati
responded that Valley
using the bus service. However, c
has not been a lot of push to market the service.
Council Member Adams asked if Valley Metro has
the ability to meter ridership on
one in Vinton. Council has
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shared during their January public meeting and she
can look that information up and share with Council.
Ms. Finch next commented that the medium-term
includes a new service in Vinton with a smaller-
scale bus that would go from A. Porters
even out to William Byrd High School. They heard
to have transit going to the
enables the students to go work at jobs after school
without having to
Cave Spring area by
as well as additional frequencies along the Salem to
downtown Roanoke corridor.
recommendation to provide a commuter service like
the Smart Way into Botetourt County.
With regard to long-term (12 to 25 years from now),
there is a recommendation to
from Grandin Village
downtown Vinton with 30-
frequencies along Electric Road and up to the
Valley View Mall area as well providing service
Valley View/Crossroads area.
that in order to
downtown Roa
Amtrak service which will be here next year. Other
stops with ADA compliance and amenities.
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finalizing recommendations based on the input that
they have received, cost estimates and
implementation strategies. They are targeting to
have a draft
Policy Board for approval.
back to the local governments for endorsements.
Vice Mayor Hare commented that the Town already
struggles to pay for the bus
the riders have not seen a rate increas
know how the services can support themselves
deeper and deeper.
Council Member Scheid also commented on the
information that had been requested of Valley Metro
peripherals.
Member
Metro.
Ms. Finch
para-
considered in the future to help minimize the para-
transit cost.
the riders on the para-transit service and a question
was asked if the fixed route buses were going to be
can accommodat
otherwise taken the RADAR. Ms. Finch responded
previous General Managers avoided the need to go
to wider buses. N
wider vehicle which also pr
easy access. However, it does take some time to
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The next item was a briefing on the results of the
Request for Proposals (RFP) to locate a private
operator for the Vinton Municipal pool.
commented that staff initialed an RFP on February 8th
sure the proper identification was provided
that might be interested in the opportunity.
The RFP closed on February 29th
Management from Atlanta, Georgia. Their proposal
staf
include chemicals or other daily operational supplies.
the RFP
alternative solution can be developed.
The next item was a briefing on the proposed
the former Roland E. Cook Elementary School.
Pete Peters commented that under the early phases
agreement offered by
Roanoke EDA.
the National Register of Historic Places which
performance agreement with Old School
a part of
realizing the financi
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to be held to a design and construction standard
that safeguards the historic character of the
building.
Mr. Peters next commented
$8,000.00 spread out over a 10-year period.
briefed o
March 22nd.
The Mayor called the regular meeting to order at
7:10 p.m. The
Council Member Adams, Council Member McCarty,
Council Member Scheid, Vice Mayor Hare and
Mayor Grose present.
there will be a modification to the agenda to move
meeting to right after the Citizens’
Petitions section. After a Moment of Silence,
Council Member McCarty l
Allegiance to the U.S. Flag.
Roll call
Under upcoming community events, Council
Member McCarty announced that on March 22nd
the Vinton War Memorial. Clean Valley Day will be
on April 9th
will have their draw down on April 16th. Council
Council to be in a dunking booth at
Hunt at the War Memorial on March 26th
p.m. to 4:00 p.m.
from Sergeant Byrd who will be particip
Police Car show fundraiser for Deputy Tim McCoy
at Life Church.
The next item on the agenda was the
appointment of the Police Chief and Swearing-In
Ceremony. Council Member Adams made a motion
the Town of Vinton;
Vice Mayor Hare and carried by the following roll
call vote, with all members voting: Vote 5-
(5) – Adams, McCarty, Scheid, Ha
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The Town Clerk conducted the swearing-in
ceremony and the Mayor and Interim Chief Dudley
presented Chief Foster with his ID, badge and
colonel’s eagles pins
him with an “In Vinton” pin
and Council made additional comments.
Interim Chief Dudley read the Memo naming
Officer Terry Pittman as Co-
for February. All three were present at the meeting
and congratulated.
The next item on the agenda was the annual
Commission. Liz Belcher first commented that the
and commented on the
which is the priority project. Starting
end of the County at Green Hill Park, the 50% plans
assuming it gets through the CTB and VDOT.
come under the road and is projected to go to
construction this summer. There was going to be a
support
project going up to Lew
twice without success
themselves. They are still working on the right-of-
way at Willow River for the next section
they do have the right-of-way behind the businesses
in a year.
Ms. Belcher next commented that the City has
Peters Creek Road and is sort of disconnected right
now. The next section
Fou
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working on some legislation to try to get them some
environmental protection to make it more palatable
to them.
Then we get to the east end of the County and they
also just got 50% plans and have
archeological survey. The next slide showed a map
indicating all of the construction work sites for 2013,
2014 and 2015.
the Lick Run Greenway bridge over 581. Another
oth
river. Ms. Belcher next commented that Pathfinders
Horsemen Bridge replacement and the Fisherman’s
Trail at the Blue Ridge Parkway. Also, t
addresses on the Greenway.
half-funded as part of the Transportation
Alternatives Program in
locality.
Another project is a joi
Creek Greenway. One piece is funded with RSTP
funds that will come available in 2017. The City will
up on the list and they
build it themselves.
County is
Botetourt that would go to the Daleville Town Center
from Greenfield.
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Botetourt County has requested to join the
Greenway Commission and the intergovernmental
agreement does allow other localities to join
to the Commission and then she showed two slides
existing assets. The Commission will vote at their
March mee
consider the matter and adopt ordinances.
several years ago and the C
permission to put the bridge across the creek which
and create more good will along the trail. The 10th
annual Gallop will be May 14th and
strategic plan. In closing,
that there will be an on-
Roanoke Valley Gives Day on March 16th for
individuals to make donations to 120 different non-
profits of which the Greenway Commission is a part.
update from the Roanoke Valley-Alleghany
Regional Commission.
commented that the Commission is getting ready to
celebrate its 47th
and hired Liz Belcher. They staff the Transportation
designated regional transportation organizati
their office.
Over the years they have assisted the Town with
the comprehensive plans, zoning ordinance, hazard
mitigation and corridor studies. The Town
Greater Roanoke Water Supply plan.
to obtain some fun
around Arbor Day.
the Downtown Revitalization Management team.
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Part of the TPO has allocated $100,000 for Walnut
Avenue Phase 1 and has
funding for projects such as the greenways. Two of
technical assistance. They are close to completing
the Hardy Road crosswalk plannin
project requested by the Town. They also provide
Hare asked for Council to be provided a copy of the
They are also working on the Transit Vision Plan.
The Mayor next called for a motion for a Closed
Meeting pursuant to § 2.2-
consideration of the acquisition of real property for a
position or negotiating strategy of the public body.
request that was listed on the agenda. Council
Member Scheid made the motion; the
seconded by Council Member Adams
voting: Vote 5-0; Yeas (5) –
Scheid, Hare, Grose; Nays (0) –
went into Closed Meeting at 8:04 p.m.
At 8:41
the Certification that the Closed Meeting was held in
seconded by Council Member McCarty
voting: Vote 5-0; Yeas (5) –
Scheid, Hare, Grose; Nays (0) – None.
Certification of Closed Meeting
The next item on the agenda was the
consideration
2016.
8:48 p.m.
Barry Thompson began by commenting
assessment for 2016 for real estate is $461,668,500
Public Hearing opened
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the new construction is taken out of $1,223,500, the
net increase is
proposed real estate tax rate will generate $323,167
which is an increase over
Section 58.1-
increase is over one percent. However, we did
advertise the Public Hearing for the
Vinton Messenger in order to inform the citizens.
was closed at 8:42 p.m.
Public Hearing closed
The next item on the agenda was to consider
adoption of an Ordinance setting the real estate tax
rate for calendar year 2016.
Scheid made a motion
presented; the motion was seconded by Council
Member Adams and carried by the following roll call
vote, with all members voting: Vote 5-0; Yeas (5) –
Adams, McCarty, Scheid, Hare, Grose; Nays (0) -
None.
the real estate tax rate for calendar
year 2016
The next item on the agenda was to consider
adoption of an Ordinance setting the personal
property tax rate for calendar year 2016. Vice
Mayor Hare made a motion
as presented; the motion was seconded by Council
Member McCarty and carried by the
call vote, with all members voting: Vote 5-
(5) – Adams, McCarty, Scheid
(0) - None.
calendar year 2016
Barry Thompson commented that he, Pete
Peters and Anita McMillan
County of the Eldor Corporation. The Corporation
will be bringing 350 jobs to the Greenfield Center
with a $75 million investme
regional boost for the area.
The next item on the agenda was to consider
Town of Vinton for the 2016 tax year. Barry
Thompson commen
61.71%. The County rate is 58.07%. V
Hare made a motion to
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Member Adams and carried by the following roll call
vote, with all members voting: Vote 5-0; Yeas (5) –
Adams, McCarty, Scheid, Hare, Grose; Nays (0) -
None.
Town of Vinton for the 2016 tax year
The next item on the agenda was to consider
amount of $22,028.00 and transferring funds in the
vehicle in the Police
in July of 2015. They want to add $7,972.00 from
vehicle for the new Police Chief.
Council Member Scheid asked about the
the
responded that it will become an administrative
vehicle. This has been brought before the Finance
Currently we only have the vehicle in the Planning &
when other
each side.
After brief comments, Vice Mayor Hare
motion to adopt the Resolution as presented; the
motion was seconded by Council Member McCarty
and carried by the following roll call
members voting: Vote 5-0; Yeas (5) – Adams,
McCarty, Scheid, Hare, Grose; Nays (0) - None.
Adopted Resolution
appropriating funds in the amount of
$22,028.00 and transferring funds in
the amount of $7,972.00, for a total
purchase of a replacement vehicle in
the Police Department
The next item on the agenda was to consider
E. Cook Elementary School.
meeting regarding this Performance Agreement and
estimated to be $3.2 million
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approximately $8,000 over a ten year period which
will be administered through the Roanoke County
Economic Development Authority.
Adams made a motion to
presented; the motion was seconded by Vice Mayor
Hare and carried by the following roll call
all members voting: Vote 5-0; Yeas (5) – Adams,
McCarty, Scheid, Hare, Grose; Nays (0) - None.
Manager to execute a Performance
redevelopment of the former Roland
The next item on the agenda was the Financial
$150,000 and Mr. Thompson commented it was the
it was probably the largest ever.
The cigarette tax continues to be down.
down about $100,000 f
which is to
which is due to the timing of the grant expenses and
budget. To put it in context, the War Memorial from
a revenue standp
point and they are at $111,000. They should be at
expenses.
and it probably is not going to get better. However,
we continue to
them.
us build a pretty good savings account to be used to
some combination. To put this into context, four
cash and it now has $1,041,000.
Vice Mayor Hare next commented
budget.
Vice Mayor Hare made a motion to
financial report as presented;
14
by the following vote, with all members voting: Vote
5-0; Yeas (5) – Adams, McCarty, Scheid, Hare,
Grose; Nays (0) - None.
January 2016
Vice Mayor Hare asked Mr. Thompson to give an
update on the real estate and property tax bills. Mr.
Thomps
to move Council toward the adoption of the tax rates
so it is completed by the end of March. This is to
allow the
we can get the bills out by mid-
personal property tax bills out. The
bill
accustomed to getting their bills on time. There will
always due by May 31st
always due on June 5th
by the State Code.
Council Member Scheid asked what had caused the
back. Mr. Thompson commented that they pl
put a notice
make sure we get the appropriate wording.
The Mayor expressed appreciation to staff for all
the hard w
attendance at the recent UDA meeting.
Comments from Council Members: Council
for handling two recent issues in Town; Council
Mattern & Craig was sent on March 10th
Region III in support of the project; Council Member
Scheid co
welcomed Chief Foster.
Council Member Adams made a motion to
adjourn the
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following vote, with all members voting: Vote 5-0;
Yeas (5) – Adams,
Nays (0) –
Meeting adjourned
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
__________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Departments
Police
Issue
Introduction of Adam Hoover, Police Officer
Summary
Chief Foster will introduce Officer Hoover
Attachments
None
Recommendations
None
Town Council
Agenda Summary
Meeting Date
April 19, 2016
Department
Vinton Volunteer First Aid Crew
Issue
Report on the Vinton Volunteer First Aid Crew for April 2016
Summary
Assistant Chief Wayne Guffey will be present to give this report to Council.
Attachments
April 2016 report
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 19, 2016
Department
Planning and Zoning Department
Issue
Proclamation – Arbor Day
Summary
The Town of Vinton has been designated as a Tree City USA for the past 14 years. In order to
retain the Tree City USA designation, the Town is required to hold an Arbor Day Celebration,
along with tree plantings and tree education outreach each year.
Staff has been responsible for securing Virginia Department of Forestry grant funding each year,
including this year (15 years), by submitting a grant request to Valley Beautiful Foundation, Inc.,
Clean Valley Council, and most recently Roanoke Valley-Alleghany Regional Commission
(RVARC) with the Town providing the required matching funds. These funds have enabled the
Town to plant trees on public properties, including the elementary schools in Vinton, Wolf Creek
Greenway, M.A. Banks Park, and on the grounds of Vinton Public Works, Vinton War
Memorial, Vinton Municipal Building, and the Craig Avenue Recreation Center.
For this year’s 2016 Arbor Day Celebration, the event will be celebrated in conjunction with
Herman L. Horn Elementary School’s Earth Day celebration assembly. The event will be held at
the school on Friday, April 22nd at 1:15 p.m. Three October Glory Red Maple and two white
Dogwood trees will be planted on school grounds.
Attachments
1. Invitation to the Town of Vinton’s and Herman L. Horn Elementary School’s Earth Day and
Arbor Day Celebration Assembly.
2. The Earth and Arbor Day 2016 Celebration Program
3. Town of Vinton’s 2016 Arbor Day Proclamation
Recommendations
Read Proclamation
Town Council
Agenda Summary
You are Cordially Invited to
Attend the Town of Vinton’s and
Herman L. Horn Elementary
School’s Earth Day and Arbor Day
Celebration Assembly on Friday,
April 22, 2016, at 1:15 p.m. at
Herman L. Horn Elementary School
1002 Ruddell Road, Vinton
For more information,
call (540) 983-0601.
EARTH AND ARBOR DAY 2016 CELEBRATION ASSEMBLY
Herman L. Horn Elementary School
Friday, April 22, 2016
PROGRAM
WELCOME
Peggy Stovall, Principal
INTRODUCTION OF GUESTS
Dawn Werness, Teacher
“TRASHY” STUDENTS INTRODUCTION AND PARADE
Amanda Lusk, Teacher
“SAVE THE BEES” PROGRAM UPDATE
Amanda Lusk, Teacher
GLEE BEES SONG
Jaime Walsh, Teacher
EARTH AND ARBOR DAY PROGRAM
Special Remarks – Tim Greenway, School Board Vice-chair
Introduction of “Smokey the Bear” - Dawn Werness
SCA Recycling Song – Amanda Lusk
“Trashy” Queen and King Announcement– Amanda Lusk
ARBOR DAY PROCLAMATION AND CEREMONIAL TREE PLANTING
Bradley Grose, Mayor, Town of Vinton
Chris Thomsen, Deputy Regional Forester
CLOSING REMARKS
Peggy Stovall, Principal
PROCLAMATION
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable source giving us paper, wood for our homes, fuel for our fires and countless other wood products; and
WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim April 22, 2016 as “ARBOR DAY” in the Town of Vinton, and urge all citizens to plant trees to gladden the hearts and promote the well-being of this and future generations.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 19th of April, 2016.
_____________________________________
Bradley E. Grose, Mayor
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Meeting Date
April 19, 2016
Department
Public Works
Issue
Proclamation - National Drinking Water Week
Summary
The American Water Works Association (AWWA) advocates the recognition and celebration of Drinking
Water Week in all cities, counties, and towns across the U.S. This week has been recognized by AWWA
for more than 35 years.
The value of water should not be underestimated.
• Water delivers Public Health Protection. The first obligation of any waterworks is to provide
safe water. In the United States, we can drink from any public tap with a high assurance of
safety. An estimated 3 million people around the world die every year from waterborne diseases
such as cholera and dysentery.
• Water delivers Support for the Economy. Businesses or housing developments do not succeed
without a safe and sustainable water supply. Tap water is critical to businesses’ day-to-day
operations and is often a primary ingredient in the products they create. The incredible value of
water is magnified during times of drought and when populations expand into arid climates.
• Water delivers Fire Protection. A well-maintained water system is critical in protecting our
community from the ever present threat of fire. A system that provides reliable water at adequate
pressure can be the difference between a small fire and an urban inferno. The ability to suppress
fires also influences new home construction, business location decisions, and insurance rates.
• Water delivers Quality of Life. We too often take for granted that safe water is always accessible
to drink, to wash clothes, to water lawns, and for a myriad of other purposes. When water service
is interrupted, we are reminded of the extraordinary value of water.
We in Vinton are blessed with an abundant supply of safe water. We are also the beneficiaries of past
generations who made the sacrifices to drill the wells, erect the storage tanks, and build the distribution
system that delivers water to us today. We have an obligation to future generations of citizens to make
the necessary infrastructure investments to assure the long-term delivery of safe and reliable water.
Town Council
Agenda Summary
2
Attachments
Proclamation
Recommendations
Read and present Proclamation
PROCLAMATION
WHEREAS, water is one of our most valuable resources; and
WHEREAS, only tap water delivers public health protection, fire protection, support for our economy, and the quality of life we enjoy; and
WHEREAS, any measure of a successful society – low mortality rates, economic growth and diversity, productivity, and public safety – are in some way related to access to safe water; and
WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and
WHEREAS, each citizen of our community is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 1 to May 7, 2016 as “NATIONAL
DRINKING WATER WEEK” in the Town of Vinton.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 19th day of April, 2016.
____________________________________
Bradley E. Grose, Mayor
Meeting Date
April 19, 2016
Departments
Administration
Issue
Briefing on the purchase of a Leonard Pilot Series 9’ x 12’ storage building to be placed behind
the Vinton Museum at 210 East Jackson Avenue, Vinton, Virginia.
Summary
Doug Forbes will be present at the meeting to give this briefing.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
1
Meeting Date
April 19, 2016
Department
Planning and Zoning
Issue
Briefing on proposed changes to Section 86-287 of the Vinton Town Code to reduce the itinerant
vendor business license tax from a maximum of $500.00 to a maximum of $50.00 annually.
Summary
Over the past several years, food trucks/mobile food vendors have become increasingly popular
in cities, small towns, and suburbs. More recently with the rise in popularity of food trucks, this
tax has been applied to regulate food truck/mobile vendor activity on private property. Food
trucks and food vendors are currently allowed to operate in Town as an Itinerant Vendor.
Additionally, vendors have been allowed in commercially zoned districts with property owners’
permission; during special events (Dogwood Festival and Parade, Fall Festival, Christmas
Parade, etc.) at the Farmers Market and within the Town’s public right-of-ways; and by non-
profit organizations (Vinton Chamber etc.) during fund-raising events.
Town Staff has received several complaints from food truck operators stating that the Town’s
current flat fee of $500.00 for itinerant vendors is cost prohibitive, and it is considerably higher
than most localities. City of Roanoke and County of Roanoke have recently changed their
itinerant vendor license tax, from $500.00 to $75.00 in the City, and from $500.00 to $50.00 in
the County. Under the current Town Code Section 86-287, an itinerant vendor is defined as:
“Any person who engages in, does or transacts any temporary or transient business in the
town, and who for the purpose of carrying on such business occupies any location for a
period of less than one year.”
At the direction of Vinton Town Council; the Vinton Planning Commission was briefed by Staff
during its work session on February 25, 2016. Additionally, the Planning Commission also held
a work session on March 24, 2016, to discuss mobile food vending. Please see attached memo to
the Planning Commission. At that meeting, the Planning Commission recommended the
following solution:
Town Council
Agenda Summary
2
Reduce the current itinerant vendor fee from $500.00 to $50.00, and follow
the existing policy; which allows food vendors to operate in commercially
zoned districts with property owners’ permission; during special events
(Dogwood Festival and Parade, Christmas Parade, etc.) at the Farmers’
Market and within the Town’s public right-of-ways; and by non-profit
organizations (Vinton Chamber etc.) during fund-raising events.*The use
is not allowed on public spaces, public streets and sidewalks except as part
of special events. The usage of public space is governed by a different
section of the Town Code. Usage of public spaces, streets and sidewalks is
a policy consideration that may warrant future consideration by the Town
Council, Planning Commission and Town Administration.
Attachment
Memo to Vinton Planning Commission, dated March 17, 2016
Recommendation
No action required
M E M O R A N D U M
TO: Members of Vinton Planning Commission
CC: Barry Thompson, Interim Town Manager/Finance Director/Treasurer
Richard “Pete” Peters, Assistant Town Manager/Economic Development Director
FROM: Anita J. McMillan, Planning and Zoning Director
DATE: March 17, 2016
SUBJECT: Mobile Food Vending
BACKGROUND
Over the past several years, food trucks, or mobile vendors have been popping up all across the
cities, small towns, and suburbs. Itinerant vendor has been a longstanding use in the Town Code and
predates the food truck trend. The use has not been requested very often. It was created to address
uses such as temporary furniture sales on private property by an out-of-town vendor.
More recently with the rise in popularity of food trucks, this use has been applied to regulate this
type of activity on private property. Food trucks and food vendors of unprepared foods (fish,
vegetables, etc.) are currently allowed to operate in Town as an Itinerant Vendor. Additionally,
prepared food vendors have been allowed in commercially zoned district with property owners’
permission; during special events (Dogwood Festival and Parade, Christmas Parade, etc.) at the
Farmers Market and within the Town’s public right-of-ways; and by non-profit organizations during
fund-raising events.
Town Staff has received several complaints from food truck operators stating that the Town’s current
flat fee of $500.00 for itinerant vendor is prohibitively expensive and it is considerably higher than
most localities. City of Roanoke and County of Roanoke have recently changed their itinerant vendor
license tax from $500.00 to $75.00 in the City and from $500.00 to $50.00 in the County.
Under the current Town Code Section 86-287, itinerant vendor is defined as:
“Any person who engages in, does or transacts any temporary or transient business in the
town, and who for the purpose of carrying on such business occupies any location for a period
of less than one year.”
ORDINANCE CONSIDERATIONS
Amending regulations to address food trucks is happening all over the country and localities are
choosing to regulate food trucks in different ways. The goal is to find the right fit for this use in the
community. Staff has reviewed reports prepared by the National League of Cities - Food on Wheels:
Mobile Vending Goes Mainstream; American Planning Association (APA) Zoning Practice – Food
Mobile Food Vending, March 2016 Page 2 of 7
Trucks; City of Roanoke Food Truck policies; and Town of Blacksburg.
The National League of Cities’ report indicates that based on recurring themes and commonalities,
regulations are grouped into four policy areas:
• Economic activity: Food truck regulation that could potentially enhance economic
development and specific processes that can be barriers to market entry – Streamlining and
permit costs.
• Public space: mobile vending takes place on both public and private property, but public
property presents a unique set of challenges. With the rapid expansion of food trucks, there is
increased demand for limited space, which increases the likelihood of conflicting interests
and encroaches upon the ability of stakeholders to maximize the advantages that public space
can offer.
• Public health: this is one of the most basic concerns regarding mobile vending. All
stakeholders realize the need for comprehensive regulations around sanitation and food
safety.
• Public safety: public safety is a key reason why many cities began regulating food trucks.
Regulations examined here include private property, vending near schools, and pedestrian
Items for Discussion:
1. Short-term solution – Reduce the current itinerant vendor fee and follow the existing policy;
which allow food vendors to operate in commercially zoned district with property owners’
permission; during special events (Dogwood Festival and Parade, Christmas Parade, etc.) at
the Farmers’ Market and within the Town’s public right-of-ways; and by non-profit
organizations (Vinton Chamber etc.) during fund-raising events.*The use is not allowed on
public spaces, public streets and sidewalks except as part of special events. The usage of
public space is governed by a different section of the Town Code. Usage of public spaces,
streets and sidewalks is a policy consideration that may warrant consideration by the Town
Council, Planning Commission and Town Administration.
2. Public Input: Should a Mobile Food Unit committee be formed and who should be on this
Committee (Vinton Area Chamber of Commerce, Restaurant Owners, Mobile Food Unit
Stakeholders, etc.)?
3. Participation and involvement of town departments for the administration and enforcement of
the proposed mobile food vending regulations including policy guidelines for both public and
private properties: Administration, Planning and Zoning, Finance, Special Programs/Vinton
War Memorial, Public Works, and Police Departments.
4. Definition of the use; zoning districts in which the use is allowed; operational standards for
the use; administration and enforcement of the issuance of the permit.
5. Policy guidelines based on different scenarios:
a. Vending from a public street (in a parking place)
b. Vending from private property
Mobile Food Vending, March 2016 Page 3 of 7
c. Vending at a special event
d. Vending on a sidewalk or public property (such as the Farmers’ Market, Vinton
Branch Library, Charles R. Hill Senior Center, Vinton War Memorial, Municipal
Building, etc.)
6. Operational Standards:
a. What should be the limits on hours of operation?
b. Should hours of operation depend on the proximity of mobile food units to residential
properties?
c. Should there be a limited number of locations for mobile food unit?
d. Should there be a limitation on how many days per week or month that mobile food
unit can set up at one specific location?
e. Should the zoning district setback be met?
f. Should there be a required distance between a mobile food unit and an established
restaurant during the restaurant’s operating hours?
g. How should noise (music, speaker) from the mobile food unit be addressed?
h. Should seating areas be allowed at the mobile food unit location?
i. Should there be a maximum number of food trucks on anyone lot? Charlottesville
allows no more than four mobile food vendors at any one time.
j. Should the number of vendors allowed vary based on the zoning district?
k. What limitations on signs should be proposed?
l. How should trash disposal, wastewater disposal be regulated?
m. Limitations on sales other than food and non-alcoholic beverages.
Other related issues:
1. Catering Food Trucks
2. Fees and Taxes:
a. Itinerant Merchant Fee
b. Meals Tax
c. Sales Tax
d. Litter Tax
3. Food Truck Corral/Court versus Food Truck Rodeo
4. Health Department Requirements
5. Administration and enforcement of mobile food vending
PROPOSED MOBILE FOOD UNIT REGULATIONS/ORDINANCE
Definition:
One definition that will incorporate both temporary vendors of both prepared and unprepared food
Mobile Food Vending, March 2016 Page 4 of 7
should be considered; therefore this would include all food trucks and mobile food vendors such as
businesses selling produce or seafood.
Mobile Food Unit: A readily movable wheeled cart, trailer, or vehicle designed and equipped
for the preparing, serving, and/or selling of food and operated at temporary locations. This
shall include food trucks and food carts.
The use of itinerant vendor would continue in the code (regardless whether the current vendor
license tax fee of $500 be reduced) but not apply to those entities fitting the definition of mobile food
unit. The itinerant vendor regulations would be modified to fit into the temporary is permit process
and be similar to those for mobile food unit.
Zoning Districts:
Determining the appropriate zoning district in which to allow this use is one of the most
controversial decision points for this proposed amendment. The biggest concerns are related to those
zoning districts where restaurants are also allowed, such as CB Central Business District and GB
General Business District. It might be less controversial locating mobile food units in districts where
there is a lack of dining options such as the industrial districts. On the other hand, with the size of the
town (3.2 square miles) and the presence of restaurants in the downtown area and along Hardy Road
corridor, there might be concerns from the existing restaurant owners and/or limited areas and/or for
mobile food vendors to set-up within the Town except during special events.
Administration and Enforcement:
Currently, the Town does not have an existing process suitable to the review and regulation of
mobile food unit vendors.
1. Staff suggests adding a new temporary use section to the zoning ordinance that will allow
mobile food units to be administratively approved and monitored by Town Staff for
compliance with zoning and regulation standards adopted for the use. This same temporary
use process could be used in future for other temporary types of uses.
2. Provide for a time period for review of an application and an applicant appeal process if the
application is denied.
3. Provide standards for the expiration of the permit. A year permit is the most common.
4. Provide for the necessary standards in which a permit can be revoked or not renewed for non-
compliance.
Regulations Guidelines:
Mobile Food Unit on a Street
Mobile Food Vending, March 2016 Page 5 of 7
Vending on a public street is permitted so long as the mobile food unit is legally parked in an on-
street parking space and is not impeding pedestrian or vehicular traffic. The vendor must observe any
time restrictions on the parking space. There are no restrictions on where the activity can be
conducted or what items can be vended.
Requirements:
1. Zoning verification is not required.
2. Town of Vinton Business license is required.
3. Prepared food and beverage meal tax.
4. Health department food facility permit is required.
Mobile Food Unit on Private Property
Vending from private property is permitted on parcel that is properly zoned to allow for the items
being vended (e.g. “retail sales” or “eating establishment”).
Requirements:
1. Zoning permit application covering all vending locations.
2. Town of Vinton business license (zoning verification IS required covering all proposed
locations).
3. Prepared food and beverage meal tax.
4. Health department food facility permit is required
Mobile Food Unit during Special Events
Vending during a special event where a permit/approval has been issued by the Town must be
coordinated with the holder of the permit/approval (i.e. Vinton Area Chamber of Commerce, Special
Programs/Vinton War Memorial, etc.).
Requirements:
1. Town of Vinton Business license is required.
2. Prepared food and beverage meal tax.
3. Health department food facility permit is required.
Mobile Food Unit on Public Sidewalk or Public Property
Vending on a public sidewalk or town-owned property is limited to a specific location. Items vended
are limited to food and drinks. This activity is limited to certain zoning districts.
Requirements:
1. Town of Vinton Business license is required (zoning verification IS required for this type of
Mobile Food Vending, March 2016 Page 6 of 7
covering all proposed locations).
2. Prepared food and beverage meal tax.
3. Health department food facility permit is required.
4. Application and Permit Fees?
* A street vending permit will only be valid for the number of months specified on the application.
Renewals of a previously approved permit with not change in location or operation may be
requested with associated permit fee.
Other Related Issues
*Catering Food Trucks
A food truck would not subject to the mobile food unit zoning regulations if it is providing a service
to a closed, contracted private event and retail sales to the general public is not permitted.
Food Truck Corral vs Food Truck Rodeo
Other approaches to food truck policies around the country have been to develop locations and
standards for either a Food Truck Corral (Food Truck Court) or Food Truck Rodeo. The Food Truck
Corral establishes a set location on private property (e.g. Lake Drive Plaza, River Park Shopping
Center), public property (Farmers Market, Vinton War Memorial), or a public street, where food
trucks can consistently set-up either daily or certain days out of the week, either year-round or
seasonally. A Food Truck Rodeo would be considered a special event and only be several times a
year at the most. This would typically be held on a temporarily closed public street and may feature
entertainment or other attraction such as licensed beer/beverage garden.
Fees and Taxes
It was a common question from the restaurant community regarding the fees and taxes that mobile
food units are subject to. The following information on fees and taxes are provided for better
understanding of this issue:
1. Itinerant Merchant Fee – Currently it is a flat rate of $500 that is not pro-rated. This fee
replaces what other businesses pay in Business/Profession/Occupational Licenses (BPOL)
tax, which is based on the annual gross receipts. The Town has received numerous
complaints from food truck operators stating that this is prohibitively expensive for the
amount of business they do in Town and it is considerably higher that most localities in the
region ($75 in the City of Roanoke and $50 in the County of Roanoke).
2. Meals Tax – Any mobile food vendor selling prepared foods would be responsible for
collection the 5% meal tax in the Town of Vinton and filing a report with the payment each
month to the Finance Department. This is a tax on the consumer and not the business. As this
is considered a “trust” tax, it is the responsibility of the business to pass on the tax from the
consumer to the locality. A food truck vendor is responsible for filing reports and paying
Mobile Food Vending, March 2016 Page 7 of 7
meal tax in each locality they work in.
3. Sales Tax – Any mobile food unit vendor is responsible for remitting sales tax directly to the
State of Virginia. The rate is 5.3% and it is also a “trust” tax.
4. Litter Tax – Any business in Virginia selling food for human consumption is required to pay
a flat $10 fee per year to the Department of Environmental Quality to promote litter reduction
across the state. All mobile food unit vendors would be subject to the litter tax.
Meeting Date
April 19, 2016
Department
Administration
Issue
Consider adoption of a Resolution approving the 2016-2017 operating budget of the Roanoke
Valley Resource Authority.
Summary
Council was furnished a copy of the RVRA 2016-2017 operating budget at its April 5th meeting.
In accordance with the Member Use Agreement dated October 23, 1991, the annual budget of
the Authority must be submitted for approval by each of the governing bodies after approval by
the RVRA Board. Dan Miles will be present at the meeting to make comments and answer any
questions.
Attachments
RVRA Board Notice of Public Hearing & Resolution
RVRA Budget Summary
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 19, 2016, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179
WHEREAS, the Town of Vinton, along with Roanoke County and Roanoke City are the
governing bodies of the Roanoke Valley Resource Authority (RVRA); and
WHEREAS, in accordance with the Member Use Agreement dated October 23, 1991, the
annual budget of the Authority must be submitted for approval by each of the
governing bodies after approval by the RVRA Board; and
WHEREAS, on March 23, 2016, the RVRA Board approved the 2016-2017 annual budget in
the amount of $8,338,292.
NOW THEREFORE BE IT RESOLVED, that the Vinton Town Council does hereby approve
the 2016-2017 operating budget in the amount of $8,338,292 to operate and maintain the
Roanoke Valley Resource Authority.
This Resolution shall be effective from and after the date of its adoption.
This Resolution adopted on motion made by Council Member _____________, seconded by
Council Member _________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Administration
Issue
Consider adoption of a Resolution approving the 2016-2017 operating budget for the Roanoke
Valley Regional Cable Television Committee.
Summary
The annual operating budget of the Roanoke Valley Regional Cable Television must be
submitted for approval by each of the governing bodies after approval by the RVTV Committee.
Elaine Bays-Murphy will be present at the meeting to make comments and answer any questions.
Attachments
Letter
RVTV Operating Budget-FY2016-2017
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
Apri l 19,2016
Mayo r Bradle y E. Gros e
an d Member s of Vinto n Tow n Counci l
Vinton , Virgini a
Subject : 2016-201 7 RVT V Budge t
Dea r Mayo r Gros e an d Member s of Tow n Council :
Roanok e Valle y Television , RVTV-3 Cox Cable , was create d in 199 2 as an agreemen t betwee n
th e Tow n of Vinton , Roanok e County , an d Roanok e City , to for m a Governmen t & Educationa l
Access Station.
RVTV-3 is governe d b y th e Roanok e Valle y Regiona l Cabl e Televisio n Committee , whic h
include s representative s fro m th e thre e localities . Th e Town of Vinto n is represente d b y Mr .
Dou g Adams , Mr . Richar d Peters , & Ms . Mar y Bet h Layman .
On Apri l 6 , 2016 , th e Roanok e Valle y Regiona l Cabl e Televisio n Committe e approve d th e
RVT V Operatin g Budget for Fiscal Year 2016-2017 (attached) in the amount of $401,044.
Fundin g fo r RVT V i s provide d b y th e thre e loca l government s an d is base d o n th e proportio n o f
Co x Customer s locate d in eac h jurisdiction . Th e Tow n o f Vinton's shar e of th e FY 2016-201 7
Operatin g Budge t is 4.22 % or $16,924 .
Video s produce d fo r th e Tow n o f Vinto n in 201 5 included :
• Magnet s USA Gran d Openin g
• Vinto n Senior s Cente r PSA
• 3rd Stree t Dumpste r Closin g PSA
• Vinto n Arbo r Day Celebratio n
• Vinto n Fir e & EMS - Enhance d Fir e Service s & Renovatio n
• Tinke r Cree k Cano e Launc h Ribbon-Cuttin g
• Gladetown , Carline , Midwa y Tri-Communit y Reunio n
• HIV E Ribbon-Cuttin g Ceremon y
• Vinto n Farmer s Marke t PSA
• Vinto n Branc h Librar y Dedicatio n
• Stat e of the Tow n Addres s
• Advancemen t Foundatio n Gran t Awar d - Smal l Busines s
• Vinto n Dogwood Festival PSA
RVT V programmin g reache s approximatel y 43,70 8 household s on Co x Cable , Channe l 3.
Programmin g is poste d to th e RVT V websit e an d socia l medi a sources . Additionally ,
programmin g is poste d the Town's Websit e and Faceboo k page.
Mayo r Bradle y E. Gros e an d Member s of Vinto n Tow n Counci l
Apri l 19,201 6
Pag e Two
Th e approximat e rat e fo r vide o productio n in th e privat e secto r i s $1,50 0 pe r finishe d minute .
Th e productio n valu e fo r video s produce d fo r th e Town is $226,500.
Th e Roanok e Valle y Regiona l Cabl e Televisio n Committe e recommend s approva l of th e fisca l
yea r 2016-201 7 operatin g budget . I am pleased to respon d to an y question s o r comment s yo u
ma y hav e wit h regar d to th e propose d budget .
Sincerely ,
Elain e Bays-Murph y
Cabl e Access Directo r
Roanok e Valle y Televisio n
Attachmen t
Cc : Barr y W . Thompson , Interi m Tow n Manager , Financ e Director/Treasure r
Richar d W . "Pete " Peters , Director , Economi c Development , Assistan t Town Manage r
Mar y Bet h Layman , Specia l Program s Directo r
Susan Johnson, Executive Assistant/Town Cler k
Robert Leftwich , Chair , Regiona l Cabl e Televisio n Committe e
To: Roanoke Regional Cable Television Committee
From: Elaine Bays-Murphy, Director of Cable Access
Date: April 6, 2016
Re: FY 2016-2017 Operating Budget Proposal
BACKGROUND INFORMATION:
Roanoke Valley Television, RVTV Channel 3, is a Government & Educational Access Station, serving the
City of Roanoke, Roanoke County, the Town of Vinton and their respective school systems. RVTV-3 was
created in 1992 as an agreement between the three localities to form a Government & Educational Access
Station.
The operational budget for RVTV is provided by the three local governments, and it is funded through the
Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget
amount paid by each locality is based on the proportion of Cox Customers located in each jurisdiction.
RVTV has five full-time staff members. RVTV-3 produces Original Videos, Monthly Television Shows, and
covers LIVE Government Meetings.
Roanoke Valley Television produced the following in 2015:
• 80 Original Television Shows
(12) Inside Roanoke, (12) Roanoke County Today, (12) Spotlight On City Schools, (12) Accent
Excellence, (4) Roanoke County Business Partners, (4) Recreation Television, (12) BizRoanoke
(12) Libraries Happenings
• 58 Regular Government Meetings
(24) Regular Roanoke City Council, (22) Regular Roanoke County Board of Supervisors, (12) City
Council Briefings
• 85 Original Video Productions
( List of Video Productions on Attachment Pages 4 & 5)
The approximate rate for video production work in the private sector is $1,500 per finished minute. The
approximate RVTV Production Value for Stand Alone Video Productions is $1,974,000.
(Total value does not include TV Shows or Government Meetings).
RVTV-3 Programming is uploaded to the RVTV Website & Social Media Sources. Additionally, RVTV-3
Programming is uploaded to the Websites & Social Media Sources for Roanoke City, Roanoke County, Town
of Vinton & their School Systems.
RVTV Website www.rvtv.org
RVTV YouTube Channel www.youtube.com/RoanokeValleyTV
RVTV Facebook Page www.facebook.com/roanokevalleytelevision
RVTV Twitter www.twitter.com/RoanokeValleyTV
FISCAL IMPACT:
The proposed FY2016/2017 Operating Budget request is $401,044.
The proposed budget includes a 2% salary increase if approved by the Board of Supervisors.
The budget includes closed captioning services for Roanoke City Council & Roanoke County Board of
Supervisors meetings.
On January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.)
required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or
use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of
Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of
revenues it receives from cable television providers, like Cox, to the localities.
The operational budget for RVTV is provided by the three local governments, and it is funded through the
Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget
amount paid by each locality is based on the proportion of Cox Customers located in each jurisdiction.
Cox calculates the percentage of Subscribers (December 31, 2015) in each locality as follows:
Locality 2015 Percentage 2014 Percentage
City 52.17% 52%
County 43.61% 44%
Vinton 4.22% 4%
Based on the above percentages, each member’s contribution to the FY2016/2017 budget of $401,044
is:
Locality 2015/2016 Budget 2016/2017 Budget
City $204,904 $209,225
County $173,381 $174,895
Vinton $15,762 $16,924
Total $394,047 $401,044
*In addition to the City’s share of the above budget of $401,044, the City will also pay $2,136 for closed
captioning for City Council Briefings.
RVTV Financial Report
Current Account Balances as of December 31, 2015
273200 (Operating Budget) .................................................................$200,548.86 (49.11%)
273450 ( Cox Cable Capital Equipment Grant) ....................................$981,237.74
273500 (Operating Surplus) .................................................................$51,952.07
($15,000 Minimum Balance to be maintained in the account)
Account 273500 (Operating Surplus) represents the unused funds from the Operating Budget since 1992.
RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into this savings
account.
ATTACHMENTS:
RVTV Proposed 2016 – 2017 Budget
Budget Proposed Budget
2015 -2016 2016 - 2017
1010 Regular (Actual 214,431 + 2%) 213,384.00 218,720.00
1011 Longevity Pay 600.00
2100 FICA (7.65%) 16,324.00 16,732.00
2200 Retirement – VRS (11.18%) 23,728.00 24,453.00
2202 Deferred Comp Match (650 x 4) 1,950.00 2,600.00
2300 Group Health Insurance 40,570.00 38,942.00
2310 Group Dental Insurance 2,248.00 2,249.00
2400 VRS Life (1.31%) 2,817.00 2,472.00
2500 LTD Insurance ( 2%) 678.00 709.00
2750 VRS Health Credit (0.30%) 608.00 656.00
3013 Professional Services – Other 22,526.00 23,194.00
(Closed Captioning $22,918 Security System $276)
3013A CC – City Council Briefings * City Only
3204 Repairs Vehicles (By Garage) 300.00 300.00
3209 Repairs (Other Equipment) 1,000.00 1,000.00
3305 Maintenance Service Contracts 3,125.00 3,125.00
(Telephone $550 Website $2,575)
5210 Postage 50.00 100.00
5230 Telephone 4,230.00 4,230.00
5233 Internet & Adobe Cloud 1,990.00 1,990.00
5235 Cellular Phones (2 Smart Phones) 1,200.00 1,200.00
5305 Motor Vehicle Insurance 1,342.00 1,382.00
5308 General Liability Insurance 3,187.00 3,346.00
5420 Lease/Rent of Buildings 45,132.00 46,486.00
(8 x $3,723.77 4 x $3,835.48)
5501 Travel (Mileage) 100.00 100.00
5520 Dinner Meetings & Luncheons 150.00 150.00
5801 Dues & Association Membership 308.00 308.00
(Public Relations Society of America)
6010 Office Supplies – General 500.00 600.00
6013 Small Equipment & Supplies 2,000.00 2,000.00
6014 Video Supplies 3,000.00 2,000.00
6080 Gas, Oil & Grease 1,400.00 1,200.00
6091 Tires,Tubes & Parts 200.00 200.00
Total $394,047.00 $401,044.00
*In addition to the City’s share of the above budget of $401,044, the City will also pay $2,136
for closed captioning for City Council Briefings. RVTV expended 95.86 of the 2014/2015 Budget.
RVTV 2015 Edited Video Productions
Roanoke City Productions Length
Art by Bus Press Conference 10:00
Governor’s Industrial Revitalization Funds Press Conference 20:00
Star City Reads Campaign 60:00
Thrasher Dog Park Opening 11:00
ACHIEVE Reading Forum 120:00
Peter Pan Playground Opening 13:00
Roanoke Police – GTO Graduation 10:00
Roanoke Police – Kids Lawfit Video 5:00
Roanoke City Schools – Teacher of the Year Video 13:00
Read & Feed Press Conference 24:00
Sheriff’s Office – Court Security Division 7:30
Roanoke River Greenway Opening 22:00
Single Stream Recycling Press Conference 16:30
Roanoke Youth Summit PSA :30
Roanoke Youth Summit Highlight Video 3:00
State of the City Address 30:00
Human Resources Customer Service Training 16:00
Sheriff’s Office – Support Services Division 8:00
Lead Safe Roanoke PSA :30
Library Summer Reading Entry 3:30
Roanoke Leaf Collection PSA :30
Roanoke Recycling Heroes 1:30
New Greenway Bridge at Valley View Mall 10:30
Annual Meeting RVCVB 50:00
ROA’s Elmwood on Ice Press Conference 7:00
Veteran Homelessness Press Conference 13:00
City Neighborhoods Awards Celebration 45:00
Grand Re-Opening Municipal North 13:00
Updated Snow Removal 4:00
Roanoke Fire Protection Classification Announcement 15:00
RCPS – McGlothlin Award for Excellence 20:00
Friendship City Agreement – Lijiang City 30:00
Roanoke County Productions Length
Spring Book Sale PSA :30
Blue Ridge Kite Festival PSA :30
Apptech Solutions Expansion 14:00
Roanoke County Employee Recruitment 3:00
Roanoke County Police Open House 11:00
New Fire Chief Announcement 15:00
South County Library Passport PSA :30
Neighborhood Concerns App PSA :30
Roanoke County Police 25th Anniversary 20:00
Explore Park Master Plan Community Meetings PSA :30
Friends of the Library Book Sale PSA :30
Roanoke County Productions Length
Community Outreach Summit PSA :30
Lions Quest Skills for Growing – County Schools 6:00
New County Attorney Announcement 5:30
(5) Heroin Addiction PSAs :30 each
Site Selector Web Application 6:00
State of the County Address 40:00
Annual Christmas Tree Lighting :30
2015 Investiture Ceremony 60:00
WFXR-Fox Ribbon-Cutting & Open House 15:00
Community Strategic Plan PSA :30
Community Strategic Plan Interview 5:00
Tons of Fun PSA :30
Town of Vinton Productions Length
Magnets USA Grand Opening 15:00
Vinton Seniors Center PSA :30
3rd Street Dumpster Closing PSA :30
Arbor Day Celebration 13:30
Vinton Fire & EMS – Enhanced Fire Services & Renovation 23:00
Tinker Creek Canoe Launch Ribbon-Cutting 17:00
Gladetown, Carline, Midway Tri-Community Reunion 5:30
HIVE Ribbon-Cutting Ceremony 6:00
Vinton Farmers Market PSA :30
Vinton Branch Library Dedication 30:00
State of the Town Address 25:00
Advancement Foundation Grant Award – Small Business 14:00
Vinton Dogwood Festival PSA :30
City, County, & Town Productions Length
(5) Stormwater PSAs :30 each
Vietnam War 50th Anniversary Event PSA :30
Vietnam War 50th Anniversary – Opening Ceremony 30:00
(6) RCACP Adoptable Pets Video 2:30 each
City & County Production Length
Anti-Litter Phase 2 Press Conference 11:00
Total Minutes Produced 1,316
2015 Video Productions
(Does not include Shows or Meetings)
Productions City of Roanoke Roanoke County Town of Vinton
85 37 31 17
Percentage 44% 36% 20%
RESOLUTION NO
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 19, 2016, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179
WHEREAS, the Town of Vinton, along with Roanoke County and the City of Roanoke pursuant
to ordinance, have established the Roanoke Valley Regional Cable Television
Committee, in part to assist with the development of educational channels and
governmental access cable programming; and
WHEREAS, each member jurisdiction annually approves the operating budget prepared by the
Cable TV Government Access Director and recommended by the Roanoke Valley
Regional Cable Television Committee for operation of the cable access Channel 3.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the 2016-2017 operating budget for Roanoke Valley Regional Cable Television Committee in the
amount of $401,044, of which Vinton’s allocation based on subscribers is four percent (4.22%), or
the amount of $16,924 of the total budget.
This Resolution shall be effective from and after the date of its adoption.
This Resolution adopted on motion made by Council Member________________, seconded by
Council Member ___________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
1
Meeting Date
April 19, 2016
Department
Planning and Zoning
Issue
Consider adoption of an Ordinance amending Chapter 79 Stormwater Management, of the
Vinton Town Code.
Summary
The Vinton Town Council established Chapter 79 Stormwater Management on May 20, 2014, in
order to comply with the Virginia Stormwater Management (SWM) Act, Virginia Stormwater
Management Program (VSMP) and Virginia Erosion and Sediment Control Program (VESCP)
regulations. As of July 1, 2014, the Town of Vinton became the local VSMP Authority. The
SWM and ESC ordinances that were adopted mirrored the County of Roanoke’s ordinances.
On August 31, 2015, Christopher S. Lawrence, former Town Manager, submitted a letter to the
County, requesting that the County become the VSMP Authority for the Town, as allowed
pursuant to §62.1-44.15:27 B of the Code of Virginia, as amended. Since February 1984, and as
recent as August 2013, through agreements between the Town and the County, Roanoke County
Community Development Department staff reviewed and approved all development and
construction plans for stormwater management requirements, erosion and sediment control;
inspections of stormwater management facilities; and building code compliance for the Town.
In order to stay in compliance with DEQ requirements, Roanoke County/Vinton must amend the
ESC and the SWM Ordinances, including the SWM Design Manuals. Town Staff has been
working with Roanoke County personnel since August 2015 on the proposed changes to the
ordinances; Design Manual; and the VSMP MOU agreement.
County staff presented the proposed amendments to the Board of Supervisors (BOS) at a work
session on August 25, 2015. The item was scheduled to be heard at the September 22, 2015,
BOS meeting, but was deferred because of information presented to the BOS by representatives
of the Roanoke Regional Home Builders Association (RRHBA).
Town Council
Agenda Summary
2
Several meetings were held between County staff and RRHBA representatives from September
2015 through December 2015, to resolve the issues raised by RRHBA. At the BOS work session
held on January 26, 2016, County staff presented an overview of the proposed amendments to
the SWM and ESC ordinances.
The specific SWM ordinance changes include:
• Definitions and minor word changes requested by Department of Environmental Quality
(DEQ).
• Extension of the County’s VSMP authority to include the Town of Vinton.
• Providing civil penalty alternatives for violations of the ordinance.
The proposed changes to the SWM ordinance will:
• Comply with DEQ’s request to be fully compliant with the latest State SWM regulations.
• Relieve the Town of Vinton of the burden of having State certified employees run their
VSMP program.
• Provide additional information to assist the County/Town in implementing its post-
construction responsibilities (periodic inspections).
• Reduce the amount of the surety contingency from twenty-five percent to ten percent.
The proposed changes to the ESC ordinance:
• Expand the possible use of an Agreement in Lieu of, beyond a single-family residence to
all land-disturbance activities that disturb less than 10,000 square feet.
• Simplify the fees section of the ESC chapter.
• Maintain the current construction surety contingency amount set at ten percent.
• Add language to clarify that the County is adopting state ESC regulations, with the
exception that land disturbing activities that disturb less than the state regulated threshold
(10,000 square feet) are not required to meet state ESC regulation requirements to verify
the adequacy of downstream channels and that no SWM measures are required.
The BOS first reading of the ESC and SWM ordinances was held on February 9, 2016, and at the
BOS meeting held on February 23, 2016, the MOU Resolution and the ordinances amending the
SWM and ESC codes were adopted. On March 22, 2016, a resolution adopting the revisions to
the Stormwater Management Design Manual was adopted by the BOS.
On March 1, 2016, Vinton Town Council held a work session to discuss the proposed VSMP
MOU; the County’s proposed amendments to the Stormwater Management (SWM) and Erosion
and Sediment Control (ESC) ordinances; and the revisions to the SWM Design Manual. On
April 5, 2016, Council approved the MOU with Roanoke County and adopted the SWM Design
Manual by reference.
Attachment
Ordinance
Recommendation
Motion to adopt Ordinance
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, APRIL 19, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE AMENDING CHAPTER 79, STORMWATER MANAGEMENT, OF
THE VINTON TOWN CODE, TO ADOPT ROANOKE COUNTY’S STORMWATER
AND EROSION AND SEDIMENT CONTROL ORDINANCES WHICH SHALL BE
APPLICABLE WITHIN THE CORPORATE LIMITS OF THE TOWN OF VINTON
AND DESIGNATING ROANOKE COUNTY AS THE VIRGINIA STORMWATER
MANAGEMENT AUTHORITY WITHIN THE CORPORATE LIMITS OF THE TOWN;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 20, 2014, the Vinton Town Council adopted Ordinance No. 952, of the
Vinton Town Code entitled Chapter 79, Stormwater Management; and
WHEREAS, the Town of Vinton (“Town”) is currently the local Virginia Stormwater
Management Program (VSMP) Authority within the corporate limits of the Town;
and
WHEREAS, Roanoke County serves as Virginia Stormwater Management Program (VSMP)
for land-disturbing activities within Roanoke County (“the County”) and within
the Town of Vinton (“the Town”); and
WHEREAS, the County is also the local Virginia Erosion Sediment Control Program (VESCP)
Authority within the County and the Town, and regulates stormwater runoff from
construction sites; and
WHEREAS, Roanoke County (“County”) is willing to serve as the Town’s VSMP Authority as
evidenced by its adoption of a Resolution on February 23, 2016, authorizing the
County Administrator for and on behalf of the County to enter and execute a
Memorandum of Understanding (MOU) with the Town, for the County to act as
the VSMP Authority for the Town pursuant to § 62.1-44.15:27 B of the Code of
Virginia, as amended; and
WHEREAS, the Town recognizes the efficiency and benefit to the Town in allowing the County
to serve as the VSMP Authority for the Town; and
WHEREAS, the Town desires to amend Chapter 79 of the Town of Vinton Code to adopt the
County’s stormwater and erosion and sediment control ordinances, including all
required regulatory changes recently adopted by the Commonwealth of Virginia
and to designate the County as local Virginia Stormwater Management Program
(VSMP) Authority within the corporate limits of the Town; and
2
WHEREAS, the Virginia Department of Environmental Quality (VA DEQ) reviewed and
approved the County’s ordinances for conformity with the recent legislative and
regulatory changes adopted by the Commonwealth of Virginia;
NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Vinton, that:
1) Vinton Town Code, Article I, “Stormwater Management Ordinance,” Section 79-1, Title
and Authority, and Article II, “Erosion and Sediment Control and Steep Slope
Development,” Sections 79-49, “Title, purpose, and authority,” and 79-50, “Applicability
of chapter in town,” of Chapter 79, “Stormwater Management,” are hereby amended and
readopted to read as follows; and
2) Roanoke County’s, Stormwater Management and Erosion and Sediment Control
Ordinances, Chapters 23 and 8.1 of the Roanoke County Code, shall be applicable with
the corporate limits of the Town of Vinton; and
3) Article I, Sections 79-2 through 79-43 and Article II, Sections 79-51 through 79-59 of
Chapter 79 of the Town Code are hereby repealed in their entirety.
CHAPTER 79
STORMWATER MANAGEMENT
INTRODUCTION
The Town of Vinton finds that inadequate management of stormwater runoff from land-
disturbing activities and development in watersheds increases flood flows and velocities, erodes
and/or silts stream channels, pollutes water, overloads existing drainage facilities, undermines
floodplain management in downstream communities, reduces groundwater recharge, and
threatens public safety. More specifically, surface water runoff can carry pollutants into
receiving waters. The Roanoke River and many of its tributaries inside the Town are listed as
impaired waters by the Virginia Department of Environmental Quality (DEQ).
Many future problems can be avoided through proper stormwater management, and the Town is
dedicated to preventing the damaging effects that uncontrolled stormwater may present. The
lands and waters of Town of Vinton are valuable natural resources that need to be protected. The
Town finds that it is in the public interest to establish a stormwater management program.
Pursuant to Virginia Code § 62.1-44.15:27, this ordinance is part of an initiative to integrate the
Town’s stormwater management requirements with the Town’s erosion and sediment control
(Chapter 35) and floodplain management (Appendix B. Zoning Ordinance, Article IV, Division
13, Section 4-65 through Section 4-73) requirements into a unified stormwater program. The
unified stormwater program is intended to facilitate the submission and approval of plans,
issuance of permits, payment of fees, and coordination of inspection and enforcement activities
into a more convenient and efficient manner for both the Town of Vinton and those responsible
for compliance with these programs.
ARTICLE I. STORMWATER MANAGEMENT ORDINANCE
3
Division 1. General Provisions
Sec. 79-1. Title and Authority
A. This ordinance shall be known as the “Stormwater Management Ordinance of the Town
of Vinton, Virginia.” The Town of Vinton, Virginia, hereby adopts the Stormwater
Management Ordinance of the County of Roanoke, Virginia, in its entirety as set forth in
Roanoke County Code, Chapter 23, Stormwater Management, as amended from time to
time, which shall be applicable within the corporate limits of the Town of Vinton.
B. Pursuant to § 62.1-44.15:27 of the Code of Virginia, the Town of Vinton hereby
establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing
activities and adopts the applicable Regulations that specify standards and specifications
for VSMPs promulgated by the State Water Control Board (State Board) for the purposes
set out in Section 79.2 of this ordinance23-1.2 of Roanoke County Code, Chapter 23.
The Town of Vinton hereby designates Roanoke County as the local Virginia Stormwater
Management Program (VSMP) Authority within the corporate limits of the town and its
Director of Community Developmentthe Town Manager as the Administrator of its the
town’s Virginia Stormwater Management Program.
C. The Town of Vinton designates Roanoke County, Virginia, as its agent for the purpose of
enforcing all stormwater facility maintenance agreements, agreements in lieu of a
stormwater management plan, and stormwater management plans in effect prior to the
effective date of this ordinance.
Sec. 79-2. Purpose
The purpose of this ordinance is to promote and protect the general health, safety, and welfare of
the citizens of the Town and to protect property, state waters, stream channels, and other natural
resources from the potential harm of unmanaged stormwater, and to establish requirements
whereby stormwater is managed to protect water quality and downstream property owners.
This ordinance provides the framework for the administration, implementation, and enforcement
of the provisions of the Virginia Stormwater Management Act (VSMA) and delineates the
procedures and requirements to be followed in connection with the permits issued by the
Administrator.
Sec. 79-3. Applicability
A. Except as provided herein, no person may engage in any land-disturbing activity until a
permit has been issued by the Administrator in accordance with the provisions of this
ordinance.
B. A stormwater management plan, or an agreement in lieu of a stormwater management
plan, shall be reviewed and approved by the Administrator prior to permit issuance.
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C. Notwithstanding any other provisions of this ordinance, the following activities are
exempt, unless otherwise required by federal law:
1. Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45.1;
2. Clearing of lands specifically for agricultural purposes and the management,
tilling, planting, or harvesting of agricultural, horticultural, or forest crops,
livestock feedlot operations, or as additionally set forth by the State Water
Control Board in regulations, including engineering operations as follows:
construction of terraces ,terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs is
reforested artificially or naturally in accordance with the provisions of Chapter 11
(§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture
use, as described in subsection B of § 10.1-1163 of Article 9 of Chapter 11 of
Title 10.1 of the Code of Virginia;
3. Single-family residences separately built and disturbing less than one acre and not
part of a larger common plan of development or sale, including additions or
modifications to existing single-family residential structures;
4. Other land disturbing activities that disturb less than one acre of land area, except
land disturbing activities that are part of a larger common plan of development or
sale that is one acre or greater of disturbance;
5. Discharges to a sanitary sewer or a combined sewer system;
6. Activities under a state or federal reclamation program to return an abandoned
property to an agricultural or open land use;
7. Routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original construction of the project. The paving of an
existing road with a compacted or impervious surface and reestablishment of
existing associated ditches and shoulders shall be deemed routine maintenance
performed in accordance with this subsection; and
8. Conducting land-disturbing activities in response to a public emergency where the
related work requires immediate authorization to avoid imminent endangerment
to human health or the environment. In such situations, the Administrator shall be
advised of the disturbance within seven days of commencing the land-disturbing
activity and compliance with the administrative requirements of subsection A is
required within 30 days of commencing the land-disturbing activity.
5
Sec. 79-4. Compatibility with Other Requirements
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, stature, or other provision of law. The requirements of this ordinance should be
considered minimum requirements, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose higher protective standards
for human health or the environment shall apply.
Sec. 79-5. Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this
ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this ordinance.
Sec. 79-6. Stormwater Management Technical Criteria for Regulated Land Disturbing
Activities
The Town hereby adopts the technical criteria for regulated land-disturbing activities set forth in
Part IIB of the Regulations, as amended, expressly to include 9VAC25-870-62 [applicability];
9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water quality
compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite compliance options];
9VAC25-870-72 [design storms and hydrologic methods; 9VAC25-870-74 [stormwater
harvesting]; 9VAC25-870-76 [linear development projects]; 9VAC25-870-85 [stormwater
management impoundment structures or facilities]; and 9VAC25-870-92 [comprehensive
stormwater management plans], which shall apply to all land disturbing activities regulated
pursuant to this ordinance, except as expressly set forth in Section 79-7 of this ordinance.
Sec. 79-7. Stormwater Management Technical Criteria for Regulated Land Disturbing
Activities: Grandfathered Projects and Projects Subject to the Provisions of
`9VAC25-870-47B, as Amended
A. The Town hereby adopts the technical criteria for regulated land-disturbing activities set
forth in Part IIC of the Regulations, as amended, expressly to include 9VAC25-870-93
[definitions]; 9VAC25-870-94 [applicability]; 9VAC25-870-95 [general]; 9VAC25-870-
96 [water quality]; 9VAC25-870-97 [stream channel erosion]; 9VAC25-870-98
[flooding]; and 9VAC25-870-99 [regional (watershed-wide) stormwater management
plans], which shall only apply to all land disturbing activities regulated pursuant to this
section.
B. Any land-disturbing activity shall be considered grandfathered and shall be subject to the
Part II C technical criteria of the Regulations, provided:
1. A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan, or any
6
document determined by the locality to be equivalent thereto (i) was approved by
the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-
870-10 and section 23-2, (iii) will comply with the Part II C technical criteria of
the VSMP Regulation, and (iv) has not been subsequently modified or amended
in a manner resulting in an increase in the amount of phosphorus leaving each
point of discharge, and such that there is no increase in the volume or rate of
runoff;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
C. Town, state, and federal projects shall be considered grandfathered and shall be subject to
the Part II C technical requirements of the Regulations, provided:
1. There has been an obligation of Town, state, or federal funding, in whole or in
part, prior to July 1, 2012, or the Department has approved a stormwater
management plan prior to July 1, 2012;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
D. Land disturbing activities grandfathered under subsections B and C of this section shall
remain subject to the Part II C technical criteria of the Regulations for one additional
state permit cycle. After such time, portions of the project not under construction shall
become subject to the technical criteria in effect at that time.
E. In cases where governmental bonding or public debt financing has been issued for a
project prior to July 1, 2012, such project shall be subject to the technical requirements of
the Part II C technical criteria of the Regulations.
F. Land disturbing activities that obtain general permit coverage or commence land
disturbance prior to July 1, 2014, shall be conducted in accordance with the Part II C
technical criteria of the Regulations and Town of Vinton’s local stormwater management
requirements that were in effect at the time of receiving general permit coverage or
commencing land disturbance. Such projects shall remain subject to these requirements
for an additional two general permit cycles, if general permit coverage is maintained.
After that time, portions of the project, not under construction, shall become subject to
the technical criteria in effect at that time.
G. An operator may choose to decline grandfather status and to instead comply with the
technical requirements of Section 79-6 of this ordinance. Nothing in this section shall
preclude an operator from constructing to a more stringent standard at his discretion.
Sec. 79-8. Stormwater Management Design Manual
7
A. The Town of Vinton will utilize the policies, criteria and information contained within
the County of Roanoke Stormwater Management Design Manual for proper
implementation of the requirements of this ordinance.
B. The Town of Vinton/County of Roanoke Stormwater Management Design Manual may
be updated and revised from time to time. The Administrator shall recommend any
updates, supplements, or modifications of the County Stormwater Management Design
Manual subject to the authorization and approval by the Vinton Town Council and
Roanoke County Board of Supervisors by resolution.
Sec. 79-9. Town Right of Entry
A. The Administrator and/or duly authorized employees, agents, or representatives of the
Town, bearing proper credentials and identification, may, at any reasonable times and
under reasonable circumstance, enter any establishment or upon any property, public or
private, which has a VSMP permit or a maintenance agreement, for the purpose of
enforcing this ordinance, including, but not limited to:
1. Obtaining information or conducting surveys or investigations;
2. Taking samples of discharges;
3. Inspecting monitoring equipment;
4. Inspecting and copying documents relevant to the enforcement of this ordinance;
5. Initiating or maintaining appropriate actions which are required by the permit
conditions associated with a land-disturbing activity when a permittee, after
proper notice, has failed to take acceptable action within the time specified;
6. Inspecting stormwater management facilities or other BMPs or to initiate or
maintain appropriate actions which are required to restore proper stormwater
management facility or other BMP operation when a land owner, after proper
notice, has failed to take acceptable action within the time specified;
7. And such other items as may be deemed necessary for the enforcement of this
ordinance.
B. If the Administrator and/or his/her duly authorized agent has cause to believe an activity
regulated under this ordinance is occurring without a VSMP permit, or if the person in
charge of the property refuses to allow the Administrator and/or his/her duly authorized
agent to enter in accordance with subsection A, then the Administrator and/or his/her
duly authorized agent may present sworn testimony to a magistrate or court of competent
jurisdiction and request the issuance of an inspection warrant to enter the property for the
purpose of making such inspection and investigation. The Administrator and/or his/her
8
duly authorized agent shall make a reasonable effort to obtain consent from the owner or
person in charge of the property prior to seeking the issuance of an inspection warrant
under this section.
Sec. 79-10 – 79-15. Reserved.
Division 2. Definitions
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater
Management Regulations, as amended, which are expressly adopted and incorporated herein by
reference, the following words and terms used in this ordinance have the following meanings,
unless otherwise specified herein. Where definitions differ, those incorporated herein shall have
precedence.
“Administrator” means the VSMP authority responsible for administering the VSMP on behalf
of the Town of Vinton. The Administrator shall be the Town Manager and/or any duly
authorized agent of the Town Manager, or the person designated by the Town Manager to
administer this ordinance on behalf of the Town.
"Agreement in lieu of a Stormwater Management Plan" means a contract between the VSMP
authority and the owner or permittee that specifies methods that shall be implemented to comply
with the requirements of a VSMP for the construction of a single-family residence; such contract
may be executed by the VSMP authority in lieu of a stormwater management plan.
“Applicant” means any person submitting an application for a permit or requesting issuance of a
permit under this Ordinance.
“Best Management Practice or BMP” means schedules of activities, prohibitions of practices,
including a structural or nonstructural practice, maintenance procedures, and other management
practices to prevent or reduce the pollution of surface waters and groundwater systems from the
impacts of land-disturbing activities.
“Clean Water Act or CWA” means the federal Clean Water Act (33 United States Code 1251
et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-
217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent
revisions thereto.
“Common plan of development or sale” means a contiguous area where separate and distinct
construction activities may be taking place at different times on different schedules.
"Control measure" means any best management practice or other method used to prevent or
reduce the discharge of pollutants to surface waters.
“County” means the County of Roanoke, Virginia.
9
“Department” means the Department of Environmental Quality.
“Development” means land disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation or
utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural
purposes.
“Executed Development Agreements” means documents that are executed by the applicant and
Town that implements the various sureties.
“Fee in lieu” means a payment of money to the Town for the use of a regional stormwater
management facility in place of meeting all or part of the stormwater performance standards
required by this Ordinance on the site.
"General permit" means the state permit titled GENERAL PERMIT FOR DISCHARGES OF
STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part XIV (9VAC25-880-1
et seq.) of the Regulations authorizing a category of discharges under the CWA and the Act
within a geographical area of the Commonwealth of Virginia.
“Illicit discharge” means any discharge to a municipal separate storm sewer that is not
composed entirely of stormwater, except discharges pursuant to a VPDES or VSMP permit
(other than the VSMP permit for discharges from the municipal separate storm sewer),
discharges resulting from firefighting activities, and discharges identified by and in compliance
with 9VAC25-870-400 D 2 c (3).
“Land disturbance” or “Land-disturbing activity” means a manmade change to the land
surface that potentially changes its runoff characteristics including any clearing, grading, or
excavation, except that the term shall not include those exemptions specified in Section 23-1.3 of
this Ordinance.
“Layout” means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
"Minor modification" means an amendment to an existing general permit before its expiration
not requiring extensive review and evaluation including, but not limited to, changes in EPA
promulgated test protocols, increasing monitoring frequency requirements, changes in sampling
locations, and changes to compliance dates within the overall compliance schedules. A minor
general permit modification or amendment does not substantially alter permit conditions,
substantially increase or decrease the amount of surface water impacts, increase the size of the
operation, or reduce the capacity of the facility to protect human health or the environment.
"Municipal separate storm sewer" means a conveyance or system of conveyances otherwise
known as a municipal separate storm sewer system or "MS4," including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm
drains:
1. Owned or operated by Town of Vinton;
10
2. Designed or used for collecting or conveying stormwater;
3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment works.
“Municipal separate storm sewer system” or “MS4” means all municipal separate storm
sewers that are located within the Town’s limits.
“Municipal Separate Storm Sewer Management Program” or “MS4 Program” means a
management program covering the duration of a permit for a municipal separate storm sewer
system that includes a comprehensive planning process that involves public participation and
intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent
practicable, to protect water quality, and to satisfy the appropriate water quality requirements of
the CWA and regulations and the Act and attendant regulations, using management practices,
control techniques, and system design and engineering methods, and such other provisions that
are appropriate.
“Off-site facility” means a stormwater management measure located outside the subject
property boundary described in the permit application for land-disturbing activity.
“Operator” means the owner or operator of any facility or activity subject to regulation under
this Ordinance.
“Permit or VSMP Authority Permit” means an approval to conduct a land disturbing activity
issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this
Ordinance, which may only be issued after evidence of general permit coverage has been
provided by the Department of Environmental Quality.
“Permittee” means the person to whom the VSMP Authority permit is issued.
“Person” means any individual, corporation, partnership, firm, association, joint venture, public
or private or municipal corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any
interstate or governmental body, or any other legal entity, or any agent or employee of any such
person.
“Regional stormwater management facility” or “Regional facility” means a facility or series
of facilities designed to control some or all of the adverse impacts from stormwater runoff from
two or more parcels or lots, located in the same watershed, although only portions of the area
may experience development.
“Regulations” means the Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9VAC25-870-10 et seq., as amended.
“Site” means the land or water area where any facility or land-disturbing activity is physically
located or conducted, including adjacent land used or preserved in connection with the facility or
land-disturbing activity.
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“State” means the Commonwealth of Virginia.
“State Board” means the State Water Control Board.
“State Permit” means an approval to conduct a land-disturbing activity issued by the State
Board in the form of a state stormwater individual permit or coverage issued under a state
general permit or an approval issued by the State Board for stormwater discharges from an MS4.
Under these state permits, the Commonwealth imposes and enforces requirements pursuant to
the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the
Regulations.
“State Water Control Law” means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the Code of
Virginia (1950), as amended.
“State waters” means all water, on the surface and under the ground, wholly or partially within
or bordering the Commonwealth or within its jurisdiction, including wetlands.
“Stormwater” means precipitation that is discharged across the land surface or through
conveyances to one or more waterways and that may include stormwater runoff, snow melt
runoff, and surface runoff and drainage.
“Stormwater facility maintenance agreement” means a legally binding agreement between the
owner of a property and the Town of Vinton regarding long-term maintenance of stormwater
management facilities.
“Stormwater Management Facility” or “SWMF” means a device that controls stormwater
runoff and changes the characteristics of that runoff including, but not limited to, the volume,
rate of flow, quality, the period of release, or the velocity of flow.
“Stormwater management plan” means a document(s) containing material for describing
methods for complying with the requirements of Section 79-20 of this Ordinance.
“Stormwater Pollution Prevention Plan” or “SWPPP” means a document that is prepared in
accordance with good engineering practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges from the construction
site, and otherwise meets the requirements of this Ordinance. In addition, the document shall
identify and require the implementation of control measures, and shall include, but not be limited
to the inclusion of, or the incorporation by reference of, an approved erosion and sediment
control plan, an approved stormwater management plan, and a pollution prevention plan.
“Subdivision” means the division of a parcel of land into two (2) or more parcels of any size by
the establishment of new boundaries lines or by the adjustment, relocation, or vacation of
existing boundary lines, for the purpose whether immediate or future, of transfer of ownership or
building development. A subdivision includes all changes in street or lot lines, and any portion
of any such subdivision previously recorded in which building development or street creation
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occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the
Commonwealth of Virginia or a political subdivision thereof and the division of lands by court
order or decree shall not be deemed a subdivision as otherwise herein defined.
“Total Maximum Daily Load” or “TMDL” means the sum of the individual wasteload
allocations for point sources, load allocations for nonpoint sources, natural background loading
and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or
other appropriate measures. The TMDL process provides for point versus nonpoint source trade-
offs.
“Town” means the incorporated Town of Vinton.
“Virginia Stormwater Management Act” or “Act” means Article 2.3 (§ 62.1-44.15:24 et seq.)
of Chapter3.1 of Title 62.1 of the Code of Virginia.
“Virginia Stormwater BMP Clearinghouse website” means a website that contains detailed
design standards and specifications for control measures that may be used in Virginia to comply
with the requirements of the Virginia Stormwater Management Act and associated regulations.
“Virginia Stormwater Management Program” or “VSMP” means a program approved by
the State Board after September 13, 2011, that has been established by a locality to manage the
quality and quantity of runoff resulting from land-disturbing activities and shall include such
items as local ordinances, rules, permit requirements, annual standards and specifications,
policies and guidelines, technical materials, and requirements for plan review, inspection, and
enforcement, where authorized in this Ordinance, and evaluation consistent with the
requirements of this Ordinance and associated regulations.
“Virginia Stormwater Management Program authority” or VSMP authority” means an
authority approved by the State Board after September 13, 2011, to operate a Virginia
Stormwater Management Program. For the purpose of this Ordinance, Town of Vinton is the
VSMP Authority.
Division 3. Program Permit Procedures and Requirements
Sec. 79-16. Permit Required
A. No grading, building, or other local permit will be issued for a property until a VSMP
authority permit has been issued by the Administrator, unless the activity is specifically
exempted from VSMP permitting by this Ordinance.
B. No VSMP authority permit will be issued unless and until the permit application and
attendant materials and supporting documentation demonstrate that all land clearing,
construction, disturbance, land development and drainage will be done according to the
requirements of this Ordinance, including an approved erosion and sediment control plan;
and an approved stormwater management plan or an executed agreement in lieu of a
stormwater management plan.
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C. No VSMP authority permit will be issued without the general permit registration
statement except that construction activity involving a single-family detached residential
structure, within or outside of a common plan of development or sale does not require a
permit registration statement. Construction activities involving a single-family detached
residential structure, within or outside of a common plan of development or sale, shall
comply with the requirements of the General Permit.
Sec. 79-17. Permit Application Contents
A. Unless specifically exempted by this Ordinance, any land owner or operator desiring a
permit for a land disturbance activity shall submit to the Town and County a permit
application on a form provided by the Town for that purpose. Permit applications shall
comply with the requirements contained within the Town/County Stormwater
Management Design Manual that is available from the Town of Vinton Department of
Planning and Zoning and/or Roanoke County Department of Community Development
Office.
B. No VSMP authority permit shall be issued by the Administrator, until the following items
have been submitted to and approved by the Administrator as prescribed herein.
1. A permit application that includes a fully-executed general permit registration
statement, except that construction activity involving a single-family detached
residential structure, within or outside of a common plan of development or sale
does not require a permit registration statement;
2. An erosion and sediment control plan approved in accordance with the Town
Erosion and Sediment Control Ordinance [Chapter 35] and County Erosion and
Sediment Control Ordinance [Chapter 8.1];
3. A stormwater management plan, or agreement in lieu of a stormwater
management plan, that meets the requirements of Section 79-20;
4. Maintenance agreement in accordance with Section 79-22;
5. Performance bonds in accordance with Section 79-23;
6. Fees in accordance with Section 79-24; and,
7. Executed Development Agreements.
C. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the Administrator may require every
VSMP authority permit applicant or permittee, or any such person subject to VSMP
authority permit requirements under this Ordinance, to furnish, when requested, such
application materials, plans, specifications, and other pertinent information as may be
necessary to determine the effect of the permittee’s discharge on the quality of state
waters, or such other information as may be necessary to accomplish the purposes of this
Ordinance.
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Sec. 79-18. Stormwater Pollution Prevention Plans
A. The Stormwater Pollution Prevention Plan (SWPPP) required by the general permit, shall
comply with the requirements set forth in 9VAC25-870-54 and shall also comply with
the requirements and general information set forth in Section 9VAC25-880-70, Section II
[stormwater pollution prevention plan] of the general permit.
The SWPPP shall include:
1. An approved erosion and sediment control plan;
2. An approved stormwater management plan, or agreement in lieu of a stormwater
management plan;
3. A pollution prevention plan for regulated land disturbing activities; and
4. Description of any additional control measures necessary to address a TMDL.
B. The SWPPP shall be amended, by the operator, whenever there is a change in design,
construction, operation, or maintenance that has a significant effect on the discharge of
pollutants to state waters, which is not addressed by the existing SWPPP.
C. The SWPPP shall be maintained at a central location onsite. If an onsite location is
unavailable, notice of the SWPPP's location must be posted near the main entrance at the
construction site. Operators shall make the SWPPP available for public and Town review
in accordance with Section II of the general permit, either electronically or in hard copy.
Sec. 79-19. Pollution Prevention Plans
A. A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed,
implemented, and updated as necessary and must detail the design, installation,
implementation, and maintenance of effective pollution prevention measures to minimize
the discharge of pollutants.
B. At a minimum, such measures must be designed, installed, implemented, and maintained
to:
1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters. Wash waters must be treated in a sediment
basin or alternative control that provides equivalent or better treatment prior to
discharge;
2. Minimize the exposure of all materials, including, but not limited to building
materials, building products, construction wastes, trash, landscape materials,
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fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials
present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
B. The pollution prevention plan shall include effective best management practices to
prohibit the following discharges:
1. Wastewater from washout of concrete, unless managed by an appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
C. The pollution prevention plan shall prohibit discharges from dewatering activities,
including discharges from dewatering of trenches and excavations, unless managed by
appropriate controls.
Sec. 79-20. Stormwater Management Plans
A. No application for land-disturbing activity will be approved unless it includes a
stormwater management plan or agreement in lieu of a stormwater management plan, as
required by this Ordinance, detailing how runoff and associated water quality impacts
resulting from the activity will be controlled or managed.
B. Submittal, review, approval, and resubmittal of stormwater management plans, and
agreements in lieu of stormwater management plans shall comply with the requirements
set forth in this Ordinance and the Town/County Stormwater Management Design
Manual.
C. The stormwater management plan shall apply the stormwater management technical
criteria set forth in Section 79-6 of this Ordinance to the entire land-disturbing activity.
Individual lots in new residential, commercial, or industrial developments shall not be
considered to be separate land-disturbing activities.
D. A stormwater management plan that is approved for a residential, commercial, or
industrial subdivision shall govern the development of the individual parcels, including
those parcels developed under subsequent owners
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E. The stormwater management plan must consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff.
F. If an operator intends to meet the water quality and/or quantity requirements set forth in
9VAC25-870-63 or 9VAC25-870-66 through the use of off-site compliance options,
where applicable, then a letter of availability from the off-site provider must be included.
Approved off-site options must achieve the necessary nutrient reductions prior to the
commencement of the applicant's land-disturbing activity except as otherwise allowed by
§62.1-44.15:35 of the Code of Virginia.
G. Elements of the stormwater management plans that include activities regulated under
Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately
sealed and signed by a professional registered in the Commonwealth of Virginia pursuant
to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
H. Where a stormwater management plan is required, a construction record drawing for
permanent stormwater management facilities shall be submitted to the Administrator and
approved prior to the release of bonds. The construction record drawing shall be
appropriately sealed and signed by a professional registered in the Commonwealth,
certifying that the stormwater management facilities have been constructed in compliance
with the approved plan. Stormwater management facilities include all storm drain
structures, storm drain pipes, culverts, open channels, BMPs, and all other facilities used
to convey, control, or treat stormwater runoff.
I. The stormwater management plan shall include the following information:
1. Information on the type and location of stormwater discharges; information on the
features to which stormwater is being discharged including surface waters or karst
features, if present, and the pre-development and post-development drainage
areas;
2. Contact information including the name, address, and telephone number of the
owner and the tax reference number and parcel number of the property or
properties affected;
3. A narrative that includes a description of current site conditions and final site
conditions;
4. A general description of the proposed stormwater management facilities and the
mechanism through which the facilities will be operated and maintained after
construction is complete;
5. Information on the proposed stormwater management facilities, including:
i. The type of facilities;
ii. Location, including geographic coordinates;
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iii. Acres treated; and
iv. Surface area, volume, depth, and width of facilities, if applicable;
v. The surface waters or karst features, if present, into which the facility will
discharge ;and
vi. The Hydrologic Unit Code (HUC) into which the facilities drain.
6. Hydrologic and hydraulic computations, including runoff characteristics;
7. Documentation and calculations verifying compliance with the water quality and
quantity requirements.
8. A map or maps of the site that depicts the topography of the site and includes:
i. All contributing drainage areas;
ii. Existing streams, ponds, culverts, ditches, wetlands, other water bodies,
and floodplains;
iii. Soil types, geologic formations if karst features are present in the area,
forest cover, and other vegetative areas;
iv. Current land use, including existing structures, roads, and locations of
known utilities and easements;
v. Sufficient information (such as grades) on adjoining parcels to assess the
impacts of stormwater from the site on these parcels;
vi. The limits of clearing and grading, and the proposed drainage patterns on
the site;
vii. Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
viii. Proposed land use with tabulation of the percentage of surface area to be
adapted to various uses, including but not limited to planned locations of
utilities, roads, and easements.
J. An agreement in lieu of stormwater management plan shall conform to the Regulations
and the County Stormwater Management Design Manual.
Sec. 79-21. Comprehensive Stormwater Management Plans and Regional Stormwater
Management Facilities
A. The Town may develop comprehensive stormwater management plans in accordance
with 9VAC25-870-92 as a means to more effectively and efficiently address water
quality objectives, quantity objectives, or both; through the implementation of regional
stormwater management facilities.
B. Once a comprehensive stormwater management plan is adopted by the Town and
approved by the Director of the Virginia Department of Environmental Quality, it is
enforceable under this Ordinance.
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C. Stormwater management plans for land disturbing activities located in areas that have a
comprehensive stormwater management plan, adopted by the Town and approved by the
Director of the Virginia Department of Environmental Quality, shall comply with the
requirements of the comprehensive stormwater management plan.
D. If a proposed regulated land-disturbing activity is located in a watershed that has a
regional stormwater management facility currently constructed, and if the regional
stormwater management facility is in accordance with a comprehensive stormwater
management plan, the Town shall have the option to require the payment of a fee-in-lieu
of providing a portion or all of the proposed regulated land-disturbing activities
stormwater management requirements. The fee-in-lieu shall be based on the reasonable
proportion of stormwater impacts from the proposed regulated land-disturbing activity
compared to the total stormwater impacts that the regional stormwater management
facility is designed to mitigate, multiplied by the total estimated project costs. The
reasonable proportion of project costs shall be solely determined by the Town. Project
costs include, but are not limited to, the costs of land, professional services for
investigations, studies, design, environmental permitting, surveying, construction phase
services, legal services, and construction. Project costs may also include Town staff costs
for project development, design, construction, permitting, oversight, or other project
activities; and other direct costs. Project costs shall also include the present value of the
estimated operation and maintenance costs for the next 20 years, if the Town is
responsible for the regional stormwater management facility’s operation and
maintenance.
E. The Town and any other party(ies) may mutually agree to share the costs of a regional
stormwater management facility, in the absence of a comprehensive stormwater
management plan. The fee-in-lieu shall be based on project costs apportioned to each
party in reasonable proportion of each party’s contribution to the total stormwater
impacts that the regional stormwater management facility is designed to mitigate, as
mutually negotiated.
Sec. 79-22. Stormwater Management Facility Maintenance Agreements
A. Maintenance of all stormwater management facilities shall be ensured through the
creation of a formal maintenance agreement that is executed by the property owner and
submitted prior to plan approval and recorded by the Town in the County land records
prior to permit termination. The maintenance agreement shall be binding on all
subsequent property owners.
B. The property owner of the site shall execute an access easement agreement, prior to plan
approval, to provide for access to stormwater management facilities at reasonable times
for periodic inspection by the Town, or their contractor or agent, to ensure that the
facility is maintained in proper working condition to meet design standards and any other
provisions established by this Ordinance. The easement agreement shall be recorded in
the County land records by the Town and it shall be binding on all subsequent property
owners.
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C. A stormwater management facility that serves more than one parcel shall be located on its
own, separate parcel. The land owners of each parcel served by the stormwater
management facility shall be jointly and severally responsible for the maintenance of the
stormwater management facility through a formal maintenance agreement with the Town.
D. Responsibility for the operation and maintenance of stormwater management facilities,
unless assumed by a governmental agency, shall remain with the property owner and
shall pass to any successor or owner. If portions of the land are to be sold, legally binding
arrangements, acceptable to the Town, shall be made to pass the responsibility to
successors in title. These arrangements shall designate for each land owner, governmental
agency, or other legally established entity to be permanently responsible for maintenance.
E. As part of the maintenance agreement, a schedule shall be developed identifying
anticipated routine maintenance, to be performed by the property owner, needed for
proper function of the stormwater management facility. The maintenance agreement shall
also include a schedule for periodic inspections, to be performed by the property owner,
to ensure proper performance of the facility between scheduled routine maintenance
activities, and it shall require repairs when needed for proper function of the SWMF. The
maintenance agreement shall require that the property owner document routine
maintenance, repair, and periodic inspection activities, maintain said documentation for
five (5)years, and submit said documentation to the Town, if requested.
F. The maintenance agreement shall also include "failure to maintain" provisions. In the
event that maintenance or repair is neglected, or the stormwater management facility
becomes a danger to public health, safety, or the environment, the Town reserves the
authority to perform the necessary maintenance or repair work and to recover the costs
from the property owner. Nothing in this Ordinance shall be construed to mean that the
Town has the responsibility to maintain privately-owned SWMFs.
G. Prior to the release of the performance security or bond, the developer shall either (1)
transfer the maintenance responsibilities of the stormwater management facilities to a
Home Owners Association or (2) provide the Town with a maintenance security.
1. Requirements for Transfer of Maintenance Responsibilities to the Home Owners
Association (HOA):
i. Submission of acceptable record drawings.
ii. Acceptable final inspection of the stormwater management facility by the
Town or their contractor or agent.
iii. Transfer of the necessary property to the HOA.
iv. Organize and hold a meeting attended by the developer, the Town, the
County, and members of the HOA. Provide evidence to the Town that
each member of the HOA was provided prior notice of the meeting. The
meeting shall be held at a place and time convenient for members of the
HOA.
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v. Provide a copy of the recorded documents establishing the Home Owners
Association to the Town.
vi. Provide the Town with evidence that the Home Owners Association is
funded. Minimum funding shall be based on the following schedule:
1-20 lots = $1,000
21-50 lots = $1,500
51 and over = $1500 + $30 per lot over 50
2. Requirements for Posting Maintenance Security.
i. The Town shall require a maintenance guaranty in the amount of twenty
(20%) percent of the construction costs of the stormwater management
facility.
ii. The maintenance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to
initiate or maintain appropriate actions which may be required of the
permittee in accordance with the approved stormwater management plan.
iii. If the Town takes such action upon such failure by the permittee, the
Town may collect from the permittee the difference should the amount of
the reasonable cost of such action exceed the amount of the security held.
iv. The maintenance agreement and security will be the responsibility of the
permittee or owner until such time as the permittee or owner provides the
Town with the necessary requirements for Transfer of Maintenance
Responsibilities to the Home Owners Association as outlined above in (1).
Sec. 79-23. Performance Securities
A. The Town may, at its discretion, require the submittal of a performance security or bond
with surety, cash escrow, letter of credit, or other acceptable legal arrangement, all of
which shall be in a form approved by the Town, prior to plan approval, in order to ensure
that the stormwater practices are installed by the permittee, as required by the approved
stormwater management plan.
B. Until July 1, 2017, the amount of the performance security shall be the total estimated
construction cost of the storm drainage systems and stormwater management facilities
approved under the permit, plus 10% contingency. After July 1, 2017, the amount of the
performance security shall be the total estimated construction cost of the storm drainage
systems and stormwater management facilities approved under the permit, plus 25%
contingency. The amount of contingency is in accordance with Title 15.2, Chapter 22,
Article 41 (§ 15.2-2241 et seq.) of the Code of Virginia (1950), as amended.
C. The performance security shall contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to initiate or maintain appropriate
actions which may be required of the permittee in accordance with the approved
stormwater management plan.
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D. If the Town takes such action upon such failure by the permittee, the Town may collect
from the permittee the difference should the amount of the reasonable cost of such action
exceed the amount of the security held.
E. Within 60 days of the completion of the requirements of the permit conditions, including
request for permit termination by the operator, such bond, cash escrow, letter of credit, or
other legal arrangement, or the unexpended or unobligated portion thereof, will be
refunded to the permittee or terminated.
Sec. 79-24. Fees
A. Fees to cover costs associated with implementation of a VSMP related to land disturbing
activities and issuance of general permit coverage and VSMP authority permits shall be
imposed in accordance with the appropriate fee schedule established, updated and revised
from time to time by the Vinton Town Council by resolution. VSMP costs include Town
costs associated with stormwater management plan review, VSMP registration statement
review, permit issuance, state-coverage verification, inspections, reporting, and
compliance activities associated with land-disturbing activities, as well as state program
oversight costs.
B. Fees for providing coverage under the General Permit for Discharges of Stormwater from
Construction Activities shall be imposed in accordance with the appropriate fee schedule
established, updated and revised from time to time by the Vinton Town Council by
resolution. Fifty percent (50%) of the total fee shall be paid by the applicant at the time
that a stormwater management plan, or agreement in lieu of a stormwater management
plan, is submitted for review. The remaining total fee is to be paid by the applicant prior
to issuance of coverage under the General Permit for Discharges of Stormwater from
Construction Activities.
C. When a site or sites has been purchased for development within a previously permitted
common plan of development or sale, the applicant shall be subject to fees in accordance
with the disturbed acreage of their site or sites according to the fee schedule established,
revised and updated from time to time by the Vinton Town Council by resolution.
D. Fees for the modification or transfer of registration statements from the general permit
issued by the State Board shall be imposed in accordance with the fee schedule
established, revised and updated from time to time by the Vinton Town Council by
resolution. If the permit modifications result in changes to stormwater management plans
that require additional review by the Town and County, such reviews shall be subject to
the fee schedule established by the Vinton Town Council, as amended. The fee assessed
shall be based on the total disturbed acreage of the site. In addition to the general permit
modification fee, modifications resulting in an increase in total disturbed acreage shall
pay the difference in the initial permit fee paid and the permit fee that would have applied
for the total disturbed acreage in accordance with the fee schedule established, revised
and updated from time to time by the Vinton Town Council by resolution.
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E. General permit maintenance fees: Annual permit maintenance fees required by 9VAC25-
870-830 shall be imposed in accordance with the fee schedule established, revised and
updated from time to time by the Vinton Town Council by resolution, including fees
imposed on expired general permits that have been administratively continued. With
respect to the general permit, these fees shall apply until the permit coverage is
terminated. General permit coverage maintenance fees, for permits issued in a previous
calendar year, shall be paid by April 1st of each year that it is in effect. No permit will be
reissued or automatically continued without payment of the required fee. General permit
coverage maintenance fees shall be applied until a Notice of Termination is effective.
F. Persons whose coverage under the general permit has been revoked shall apply to the
Department for an Individual Permit for Discharges of Stormwater from Construction
Activities.
G. No permit application fees will be assessed to:
1. Permittees who request minor modifications to permits as defined in Section 23-2
of this Ordinance. Permit modifications at the request of the permittee resulting in
changes to stormwater management plans that require additional review by the
Administrator shall not be exempt pursuant to this section.
2. Permittees whose permits are modified or amended at the initiative of the
Department or Administrator, excluding errors in the registration statement
identified by the Administrator or errors related to the acreage of the site.
H. All incomplete payments will be deemed as nonpayments, and the applicant shall be
notified of any incomplete payments. Interest may be charged for late payments at the
underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated on a
monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to
any delinquent (over 90 days past due) account. The Town shall be entitled to all
remedies available under the Code of Virginia in collecting any past due amount.
I. In addition to the fees contained on the fee schedule established, revised and updated by
the Vinton Town Council by resolution the Town may collect convenience fees
associated with processing credit card payments.
Sec. 79-25. Permit Application Procedure
A. Permit applications and the stormwater management plan, or agreement in lieu of a
stormwater management plan, shall include all of the information required by this
Ordinance and the Town/County Stormwater Management Design Manual.
B. No VSMP authority permit shall be issued until the maintenance agreement required in
Section 79-22 is approved, performance securities required in Section 79-23 have been
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submitted and accepted, and fees required to be paid, pursuant to Section 79-24, are
received.
C. All applications will be processed in accordance with procedures set forth below and in
the Town/County Stormwater Management Design Manual.
1. The Administrator shall determine the completeness of a plan in accordance with
Section 79-17 of this Ordinance and shall notify the applicant, in writing, of such
determination, within 15 calendar days of receipt. If the plan is deemed to be
incomplete, the above written notification will contain the reasons the plan is
deemed incomplete.
2. The Administrator shall have an additional 60 calendar days from the date of the
communication of completeness to review the plan, except that if a determination
of completeness is not made within the time prescribed above, then plan shall be
deemed complete and the Administrator shall have 60 calendar days from the date
of submission to review the plan.
3. The Administrator shall review any plan that has been previously disapproved,
within 45 calendar days of the date of resubmission.
4. During the review period, the plan shall be approved or disapproved and the
decision communicated in writing to the applicant or his/her designated agent. If
the plan is not approved, the reasons for not approving the plan shall be provided
in writing. Approval or denial shall be based on the plan’s compliance with the
requirements of this Ordinance.
5. If a plan meeting all requirements of this Ordinance is submitted and no action is
taken within the time provided above, the plan shall be deemed approved.
D. Approved stormwater management plans may be modified, as follows:
1. Modification to an approved stormwater management plan shall be allowed only
after review and written approval by the Administrator. The Administrator shall
have 60 calendar days to respond in writing either approving or disapproving such
request.
2. The Administrator may require that an approved stormwater management plan be
amended, within a time prescribed by the Administrator, to address any
deficiencies noted during inspection.
E. The Administrator shall require the submission of a construction record drawing for
permanent stormwater management facilities.
Division 4. Exceptions to Stormwater Management Requirements
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A. The Administrator may grant exceptions to the technical requirements of Part II B or Part
II C of the Regulations, provided that (i) the exception is the minimum necessary to
afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of
the Act and this Ordinance are preserved, (iii) granting the exception will not confer any
special privileges that are denied in other similar circumstances, and (iv) exception
requests are not based upon conditions or circumstances that are self-imposed or self-
created. Economic hardship alone is not sufficient reason to grant an exception from the
requirements of this Ordinance.
1. Exceptions to the requirement that the land-disturbing activity obtain the required
VSMP authority permit shall not be given by the Administrator, nor shall the
Administrator approve the use of a BMP not found on the Virginia Stormwater
BMP Clearinghouse Website, unless it is duly approved by the Director of
Environmental Quality.
2. Exceptions to requirements for phosphorus reductions shall not be allowed unless
offsite options otherwise permitted pursuant to 9VAC25-870-69 have been
considered and found not available.
3. Nothing in this section shall preclude an operator from constructing to a more
stringent standard at their discretion.
B. The Administrator may grant an exception from provisions contained in the County
Stormwater Management Design Manual when not reasonably achievable, provided that
acceptable mitigation measures are provided.
C. Requests for an exception to the stormwater technical requirements shall be submitted in
writing to the Administrator.
Division 5. Property Owner Responsibilities for Drainage Ways
A. Drainage ways consist of natural watercourses, storm sewers, gutters, manmade channels,
and other natural or manmade drainage paths.
B. Every person owning property through which a drainage way passes, or such person’s
lessee, shall keep and maintain that part of the drainage way within the property free of
trash, debris, yard wastes, and other obstacles that could pollute, contaminate, or
significantly retard the flow of water.
C. No person shall sweep, wash, or otherwise place dirt, trash, debris, yard wastes, or other
materials in drainage ways where they could be picked up and carried off the person’s
property by stormwater runoff.
D. The property owner or such person’s lessee shall maintain healthy vegetation to protect
the drainage way from excessive erosion during storm events. Particular care shall be
taken to maintain healthy bank vegetation along watercourses.
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Division 6. Construction Inspection
Sec. 79-26. Notice of Construction Commencement
The permittee shall notify the Town in advance before the commencement of land disturbing
activities. In addition, the permittee shall notify the Town in advance of construction of critical
components of a stormwater management facility.
Sec. 79-27. Periodic Construction Inspection
A. The Administrator and/or his/her authorized agent shall periodically inspect the land-
disturbing activity during construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan, or executed
agreement in lieu of a stormwater management plan;
3. Development, updating, implementation with the pollution prevention plan;
4. Development and implementation of any additional control measures necessary to
address a TMDL.
B. If the Town inspections find any violations, the permittee shall be notified in writing of
the nature of the violation and the required corrective actions. No additional construction
or land-disturbing activity in the area of the violation shall proceed until any violations
are corrected and all work previously completed has received approval from the Town
and County. The permittee is responsible for maintenance and repair for all stormwater
management facilities during construction.
C. The person responsible for implementing the approved plan is required to provide
adequate inspection monitoring and reports to ensure compliance with the approved plan,
to determine whether the measures required in the plan provide effective stormwater
management and to allow the registered professional to certify the record documents in
accordance with Section 79-20. All permittee inspections shall be documented and
written reports prepared that contain the following information:
1. The date and location of the permittee inspection;
2. Whether construction is in compliance with the approved stormwater
management plan;
3. Variations from the approved construction specifications;
4. Corrective actions that have been taken to correct previous violations;
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5. Any violations that exist; and.
6. The name and signature of the person who performed the inspection.
Permittee inspection documentation shall be organized chronologically and be stored
with the SWPPP.
D. If the Town and County determine that there is a failure to comply with the plan, notice
shall be served upon the permittee or person responsible for carrying out the plan in
accordance with Article IX of this Ordinance.
Sec. 79-28. Final Inspection and Record Documentation
A. The permittee shall submit record drawings and supporting documentation for all
stormwater management facility and storm drainage system associated with the project
before final Town and County inspection. Record drawings and supporting documents
shall comply with the requirements contained in the Town/County Stormwater
Management Design Manual.
B. Receipt of record drawings and supporting documentation, final inspection and approval
by the Town and County, execution and recordation of maintenance agreement, and
permit termination is required before the release of performance securities.
C. If it is determined from the record drawings, or inspections, that the storm drainage
systems and the stormwater management facilities have not been constructed in
accordance with the approved stormwater management plan, then corrective action will
be taken to comply with the approved Plan or the permittee shall provide studies and
information required by the Town and County to demonstrate that the constructed system
will function equivalent to the approved Stormwater Management Plan, and that all
regulatory requirements are met.
Division 7. Post-Construction Inspection, Maintenance, and Repair of Stormwater
Management Facilities
Sec. 79-29. Maintenance Inspections of Stormwater Management Facilities
A. Following the completion and acceptance of construction, the property owner is
responsible for the maintenance and repair of stormwater structures and stormwater
management facilities. The property owner shall ensure that proper maintenance and
repair of stormwater structures and stormwater management facilities occur and that
periodic inspection, maintenance, and repair are performed so that the structures and
facilities operate properly. All inspection, maintenance, and repair activities, performed
by the property owner shall be documented. Documentation shall be submitted to the
Town, if requested.
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B. Stormwater structures and stormwater management facilities that have recorded
stormwater facility maintenance agreements shall be operated, inspected, maintained and
repaired in conformance with the applicable performance requirements contained in the
approved stormwater facility maintenance agreement.
C. Existing stormwater structures and stormwater management facilities that do not have a
recorded stormwater facility maintenance agreement shall be operated, inspected,
maintained and repaired as required for proper operation of the structures and facilities.
Following are the minimum requirements for stormwater structures and stormwater
management facilities that do not have a recorded stormwater facility maintenance
agreement:
1. Stormwater structures and stormwater management facilities shall be inspected,
by the property owner, after significant rainfall events that cause localized
flooding, and at least annually.
2. All structures and slopes shall be kept in a safe condition.
3. The stormwater management facility shall be kept clear of grass clippings, cut
brush, and other debris.
4. All pipes and structures shall be kept clean and clear of debris that could decrease
flow capacity.
5. Sediment and silt that washes into stormwater management facilities shall be
removed and properly disposed of when the sediment and silt builds up to the
point that they adversely impact the facility’s proper operation.
6. Trees and other woody plants shall be cut and removed from embankment slopes
annually.
7. Trees and woody plants shall be cut and removed from non-embankment areas of
a stormwater management facility as needed to avoid buildup of debris in the
facility and to avoid a nuisance. Periodic cutting and brush removal shall occur at
a frequency of at least once in three years.
8. Landscaping and grass cover shall be maintained for proper operation and erosion
control. Replace landscaping as required. Repair erosion and replace grass cover
as required.
D. In addition to the inspections performed by the property owner, the Town and/or County
will periodically inspect stormwater management facilities. In the event that the
stormwater management facility has not been maintained and/or becomes a danger to
public safety, public health, or the environment, the Town shall notify the property owner
by registered or certified mail. The notice shall specify the measures needed to comply
and shall specify the time within which such measures shall be completed. If the
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responsible party fails or refuses to correct the violation, the Town, after reasonable
notice, may correct a violation of the design standards or maintenance needs by
performing all necessary work to place the facility in proper working condition, and
recover the costs from the property owner.
E. If stormwater management facility inspection requires entry into a confined space, or
special equipment or training, then the Town may hire licensed professionals to perform
the inspection, or it may require the property owner to hire a licensed professional to
perform the inspection. The cost for any licensed professionals to perform the required
inspection shall be paid by or recovered from the owner.
F. The Town and/or County will conduct post-construction inspections of stormwater
management facilities pursuant to the Town’s developed, and State Board’s approved
inspection program and will inspect each stormwater management facility at least once
every five (5) years.
Sec. 79-30. Records of Inspection, Maintenance, and Repair
A. Property owners responsible for the operation and maintenance of stormwater
management facilities shall make records of all inspections, maintenance, and repairs,
and shall retain the records for at least five (5) years.
B. Upon request from the Town, property owners shall provide copies of records
documenting property owner inspections, maintenance, and repairs.
Sec. 79-31 – 79-35. Reserved.
Division 8. Hearings and Appeals
Sec. 79-36. Hearings
A. Any permit applicant or permittee, or person subject to the requirements of this
Ordinance, who is aggrieved by any action, of the Town in approving or disapproving
any plans required by this Ordinance, or by any enforcement action taken pursuant to
Article IX, shall have the right to request, in writing, a hearing to the Town Manager or
his/her designee provided a petition requesting such hearing is filed with the
Administrator within 30 days after notice of such action is given by the Administrator.
B. The hearing shall be held provided that the Town Manager and the aggrieved party has at
least thirty (30) days prior notice.
C. A verbatim record of the proceedings of such hearings shall be taken and filed with the
Vinton Town Council. Depositions may be taken and read as in actions at law.
D. The Town Manager, shall have power to issue subpoenas and subpoenas duces tecum,
and at the request of any party shall issue such subpoenas. The failure of any witness
without legal excuse to appear or to testify or to produce documents shall be acted upon
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by the Town Manager whose actions may include the procurement of an order of
enforcement from the Roanoke County Circuit Court. Witnesses who are subpoenaed
shall receive the same fees and reimbursement for mileage as in civil actions.
E. During its review, the Town Manager shall consider evidence presented by all parties.
After considering the evidence, the Town Manager’s decision shall be final.
Sec. 79-37. Appeals
Final decisions of the Town Manager, under this Ordinance, shall be subject to judicial review
by the Roanoke County Circuit Court, provided an appeal is filed within thirty (30) days from
the date of any written decision adversely affecting the rights, duties, or privileges of any permit
applicant, permittee, or person subject to any enforcement action under this Ordinance.
Division 9. Enforcement and Penalties
Sec. 79-38. Violations
Any land-disturbance activity that is commenced or is conducted contrary to this Ordinance or
the approved plans or agreements and permit, may be subject to the enforcement actions outlined
in this section and the Virginia Stormwater Management Act.
Sec. 79-39. Notice of Violation
A. If the Administrator determines that there is a failure to comply with the VSMP authority
permit conditions, notice shall be served upon the permittee or person responsible for
carrying out the permit conditions by any of the following: verbal warnings and
inspection reports, notices of corrective action, consent special orders, and notices to
comply.
B. Written notices shall be served by registered or certified mail to the address specified in
the permit application or by delivery at the site of the development activities to the agent
or employee supervising such activities.
C. If there is no permittee, the notices shall be issued to the property owner.
D. The notice of violation shall contain:
1. The name and address of the permittee, or if there is no permittee, the property
owner;
2. The address when available or a description of the building, structure, or land
upon which the violation is occurring;
3. A statement specifying the nature of the violation;
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4. A description of the remedial measures necessary to bring the land-disturbing
activity into compliance with this Ordinance and a time schedule for the
completion of such remedial action;
5. A statement of the penalty or penalties that may be assessed against the person to
whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed by filing a
written notice of appeal within 30 days of service of notice of violation.
Sec. 79-40. Stop Work Orders
A. If a permittee fails to comply with a notice issued in accordance with Section 79-39
within the time specified, the Administrator may issue an order requiring the owner,
permittee, person responsible for carrying out an approved plan, or the person conducting
the land-disturbing activities without an approved plan or required permit to cease all
construction land-disturbing activities until the violation of the permit has ceased, or an
approved plan and required permits are obtained, and specified corrective measures have
been completed.
B. However, if the Administrator finds that any such violation presents an imminent and
substantial danger of causing harmful stormwater runoff impacts to its MS4 system or
waters within the watersheds of the Commonwealth, it may issue, without advance notice
or hearing, an emergency order directing such person to cease immediately all land-
disturbing activities on the site and shall provide an opportunity for a hearing, after
reasonable notice as to the time and place thereof, to such person, to affirm, modify,
amend, or cancel such emergency order. If a person who has been issued an order is not
complying with the terms thereof, the Administrator may request the County Attorney to
institute a proceeding for an injunction, mandamus, or other appropriate remedy.
C. This “stop work order” shall be in effect until the County confirms that the land-
disturbing activity is in compliance with the requirements of this Ordinance and the
violation has been satisfactorily addressed. Upon failure to comply within the time
specified, the permit may be revoked and the applicant shall be deemed to be in violation
of this article and upon conviction shall be subject to the penalties provided by this
Ordinance.
Sec. 79-41 Civil and Criminal Penalties
A. Any person violating or failing, neglecting, or refusing to obey any rule, regulation,
ordinance, order, approved standard or specification, or any permit condition issued by
the Administrator may be compelled in a proceeding instituted in the Roanoke County
Circuit Court to obey same and to comply therewith by injunction, mandamus, or other
appropriate remedy.
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B. Any person who violates any provision of this Ordinance or who fails, neglects, or
refuses to comply with any order of the Administrator, shall be subject to a civil penalty
not to exceed $32,500 for each violation within the discretion of the court. Each day of
violation of each requirement shall constitute a separate offense.
C. Violations for which a penalty may be imposed under this Subsection include, but are not
limited to the following:
1. No state permit registration;
2. No SWPPP;
3. Incomplete SWPPP;
4. SWPPP not available for review;
5. No approved erosion and sediment control plan;
6. Failure to install stormwater BMPs or erosion and sediment controls;
7. Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
8. Operational deficiencies;
9. Failure to conduct required inspections;
10. Incomplete, improper, or missed inspections; and
11. Discharges not in compliance with the requirements of Section 9VAC25-880-70
of the general permit.
D. The Administrator may issue a summons for collection of the civil penalty and the action
may be prosecuted in the appropriate court.
E. In imposing a civil penalty pursuant to this Subsection, the court may consider the degree
of harm caused by the violation and also the economic benefit to the violator from
noncompliance.
F. Any civil penalties assessed by a court as a result of a summons issued by the Town shall
be paid into the Town treasury to be used for the purpose of minimizing, preventing,
managing, or mitigating pollution of the waters of the Town and abating environmental
pollution therein in such manner as the court may, by order, direct.
G. With the consent of any person who has violated or failed, neglected or refused to obey
this Ordinance or any condition of a permit, the Town may provide, in an order issued by
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the Town against such person, for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in subdivision B of this section. Such civil
charges shall be instead of any appropriate civil penalty which could be imposed under
subdivision B.
H. Notwithstanding any other civil or equitable remedy provided by this Section or by law,
any person who willfully or negligently violates any provision of the Ordinance, any
order of the Administrator, any condition of a permit, or any order of a court shall, be
guilty of a misdemeanor punishable by confinement in jail for not more than 12 months
or a fine of not more than $2,500, or both.
Sec. 79-42. Restoration of Lands
A. Any violator may be required to restore land to its undisturbed condition or in accordance
with a notice of violation, stop work order, or permit requirements.
B. In the event that restoration is not undertaken within a reasonable time after notice, the
Town may take necessary corrective action, the cost of which shall be covered by the
performance security, or become a lien upon the property until paid, or both.
Sec. 79-43. Holds on Certificate of Occupancy
Final certificates of occupancy may not be granted until corrections have been made in
accordance with the approved plans, notices of violation, stop work order, or permit
requirements, and accepted by the Town and County.
Sec. 79-442 – 79-48. Reserved
ARTICLE II. EROSION AND SEDIMENT CONTROL AND STEEP SLOPE
DEVELOPMENT
Sec. 79-49. Title, purpose and authority.
A. This chapter shall be known as the "Erosion and Sediment Control and Steep Slope
Development Ordinance of the Town of Vinton, Virginia." The purpose of this chapter is
to conserve the land, water, air and other natural resources of the county by establishing
requirements for the control of erosion and sedimentation, and by establishing
requirements for development of steep slopes, and by establishing procedures whereby
these requirements shall be administered and enforced. This Chapter is authorized by the
Code of Virginia, title 10.1, chapter 5, article 4 (§ 10.1-560 et seq.), known as the
Virginia Erosion and Sediment Control Law.
B. Pursuant to Commonwealth of Virginia enabling legislation, Article 2.4, Chapter 3.1 of
the Title 62.1; and Code of Chapter 756 and 793; Roanoke County is the local Virginia
Erosion Sediment Control Program (VESCP) Authority within the county and the town,
and regulates stormwater runoff from construction sites.
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Sec. 79-50. Applicability of chapter in town.
The provisions of this chapterRoanoke County Code, Chapter 8.1, Erosion and Sediment
Control, as amended from time to time, shall be applicable within the corporate limits of the
town. Administrative procedures and review fees may be established to accommodate the review
of plans for development located within the town.
Sec. 79-51. Definitions.
As used in this chapter, unless the context requires a different meaning:
“Agreement in lieu of a plan” means a contract between the plan-approving authority and the
owner which specifies conservation measures which must be implemented in all construction
disturbing between 2,500 square feet and 5,000 square feet and/or 250 to 500 cubic yards; this
contract may be executed by the plan-approving authority in lieu of a formal site plan.
“Applicant” means any person submitting an erosion and sediment control plan for approval or
requesting the issuance of a permit, when required, authorizing land-disturbing activities to
commence.
“Board” means the state soil and water conservation board.
“Certified inspector” means an employee or agent of a program authority who holds a
certificate of competence from the board in the area of project inspection.
“Certified plan reviewer” means an employee or agent of a program authority who:
1. Holds a certificate of competence from the board in the area of plan review;
2. Is licensed as a professional engineer, architect, certified landscape architect or
land surveyor pursuant to article 1 (Code of Virginia, § 54.1-400 et seq.) of
chapter 4 of title 54.1.
“Certified program administrator” means an employee or agent of a program authority who
holds a certificate of competence from the board in the area of program administration.
“Clearing” means any activity which removes the vegetative ground cover including, but not
limited to, root mat removal or top soil removal.
“Conservation plan”, “erosion and sediment control plan” or “plan” means a document
containing material for the conservation of soil and water resources of a unit or group of units of
land. It may include appropriate maps, an appropriate soil and water plan inventory, and
management information with needed interpretations and a record of decisions contributing to
conservation treatment. The plan shall contain all major conservation decisions to assure that the
entire unit or units of land will be so treated to achieve the conservation objectives.
“County” means the County of Roanoke.
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“Denuded” means a term applied to land that has been physically disturbed and no longer
supports vegetative cover.
“Department” means the department of conservation and recreation.
“Development” means a tract of land developed or to be developed as a single unit under single
ownership or unified control which is to be used for any business or industrial purpose or is to
contain three or more residential dwelling units.
“Director” means the director of community development or his assignee.
“District” or “soil and water conservation district” refers to the Blue Ridge Soil and Water
Conservation District.
“Dormant” refers to denuded land that is not actively being brought to a desired grade or
condition.
“Erosion impact area” means an area of land not associated with current land disturbing
activity but subject to persistent soil erosion resulting in the delivery of sediment onto
neighboring properties or into state waters. This definition shall not apply to any lot or parcel of
land of 10,000 square feet or less used for residential purposes.
“Excavating” means any digging, scooping or other methods of removing earth materials.
“Filling” means any depositing or stockpiling of earth materials.
“Geotechnical report” means a report provided at the applicant's expense, prepared and
stamped by a professional engineer, that communicates site conditions, and recommends design
and construction methods.
1. The geotechnical report shall include any or all of the following basic
information, as determined by the professional engineer:
a. Summary of all subsurface exploration data, including subsurface soil
profile, exploration logs, laboratory or in situ test results, and ground
water information;
b. Interpretation and analysis of the subsurface data;
c. Specific engineering recommendations for design;
d. Discussion of conditions for solution of anticipated problems; and
e. Recommended geotechnical special provisions.
2. For guidance in investigating site conditions and preparing geotechnical reports,
the professional engineer may refer to all applicable sections of: "Checklist and
Guidelines for Review of Geotechnical Reports and Preliminary Plans and
Specifications", US Department of Transportation, Federal Highway
Administration Publication No. FHWA ED-88-053, as amended.
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3. The geotechnical report shall be submitted to the plan-approving authority and
included in site development files prior to issuance of a land disturbing permit.
“Grading” means any excavating or filling of earth material or any combination thereof,
including the land in its excavated or filled conditions.
“Land-disturbing activity” means any land change which may result in soil erosion from water
or wind and the movement of sediments into state waters or onto lands in the commonwealth,
including, but not limited to, clearing, grading, excavating, transporting and filling of land,
except that the term shall not include:
1. Minor land-disturbing activities such as home gardens and individual home
landscaping, repairs and maintenance work;
2. Individual service connections;
3. Installation, maintenance, or repairs of any underground public utility lines when
such activity occurs on an existing hard-surfaced road, street or sidewalk provided
such land-disturbing activity is confined to the area of the road, street or sidewalk
which is hard-surfaced;
4. Septic tank lines or drainage fields unless included in an overall plan for land-
disturbing activity relating to construction of the building to be served by the
septic tank system;
5. Surface or deep mining;
6. Exploration or drilling for oil and gas including the well site, roads, feeder lines,
and off-site disposal areas;
7. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or
livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation; however, this exception shall not
apply to harvesting of forest crops unless the area on which harvesting occurs is
reforested artificially or naturally in accordance with the provisions of chapter 11
(Code of Virginia § 10.1-1100 et seq.) of this title or is converted to bona fide
agricultural or improved pasture use as described in subsection B of Code of
Virginia § 10.1-1163;
8. Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
9. Agricultural engineering operations including but not limited to the construction
of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required
to comply with the Dam Safety Act, article 2 (§ 10.1-604 et seq.) of chapter 6 of
the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage, and land irrigation;
10. Disturbed land areas for all uses of less than 2,500 square feet and/or less than
250 cubic yards in size;
11. Installation of fence and sign posts or telephone and electric poles and other kinds
of posts or poles;
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12. Emergency work to protect life, limb or property, and emergency repairs;
provided that if the land- disturbing activity would have required an approved
erosion and sediment control plan, if the activity were not an emergency, then the
land area disturbed shall be shaped and stabilized in accordance with the
requirements of the plan-approving authority.
“Land disturbing permit” means a permit issued by the county for the clearing, filling,
excavating, grading, transporting of land or for any combination thereof or for any purpose set
forth herein.
“Local erosion and sediment control program” or “program” means an outline of the
various methods employed by the county to regulate land-disturbing activities and thereby
minimize erosion and sedimentation in compliance with the state program and may include such
items as local ordinances, policies and guidelines, technical materials, inspection, enforcement,
and evaluation.
“Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other
person, firm or corporation in control of a property.
“Permittee” means the person to whom the permit authorizing land-disturbing activities is
issued or the person who certifies that the approved erosion and sediment control plan will be
followed.
“Person” means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
county, city, town or other political subdivision of the commonwealth, any interstate body, or
any other legal entity.
“Plan-approving authority” means the department of community development which is
responsible for determining the adequacy of a conservation plan submitted for land-disturbing
activities on a unit or units of lands and for approving plans.
“Post-development” refers to conditions that may be reasonably expected or anticipated to exist
after completion of the land development activity on a specific site or tract of land.
“Pre-development” refers to conditions at the time the erosion and sediment control plan is
submitted to the plan-approving authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion and
sediment control plan for the initial phase is submitted for approval shall establish pre-
development conditions.
“Program authority” means the county which has adopted a soil erosion and sediment control
program approved by the board.
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“Responsible land disturber” means an individual from the project or development team, who
will be in charge of and responsible for carrying out a land-disturbing activity covered by an
approved plan or agreement in lieu of a plan, who:
1. Holds a responsible land disturber certificate of competence;
2. Holds a current certificate of competence from the board in the areas of combined
administration, program administration, inspection or plan review;
3. Holds a current contractor certificate of competence for erosion and sediment
control; or
4. Is licensed in state as a professional engineer, architect, certified landscape
architect or land surveyor pursuant to article 1 (§ 54.1-400 et seq.) of chapter 4 of
title 54.1.
“Single-family residence” means a noncommercial dwelling that is occupied exclusively by one
family.
“Steep slope” means a slope greater than 3:1, or 33.3 percent.
“Stabilized” means an area that can be expected to withstand normal exposure to atmospheric
conditions without incurring erosion damage.
“State waters” means all waters on the surface and under the ground wholly or partially within
or bordering the commonwealth or within its jurisdictions.
“Tow” means the incorporated Town of Vinton.
“Transporting” means any moving of earth materials from one place to another place other than
such movement incidental to grading, when such movement results in destroying the vegetative
ground cover either by tracking or the buildup of earth materials to the extent that erosion and
sedimentation will result from the soil or earth materials over which such transporting occurs.
Sec. 79-52. Administration of chapter in conjunction with subdivision and zoning
ordinances.
This chapter shall be administered, where applicable, in conjunction with the county's
subdivision and zoning ordinances wherein such apply to the development and subdivision of
land within the county or where such apply to development on previously subdivided land within
the county.
Sec. 79-53. Local erosion and sediment control program.
A. Pursuant to Code of Virginia § 10.1-562, the county hereby adopts the regulations,
references, guidelines, standards and specifications promulgated by the state soil and
water conservation board and those more stringent local stormwater management criteria
which the county board of supervisors, may adopt by resolution and incorporate into the
manual of regulations and policies entitled "Design and Construction Standards Manual"
38
for the effective control of soil erosion and sediment deposition to prevent the
unreasonable degradation of properties, stream channels, waters and other natural
resources. Said regulations, references, guidelines, standards and specifications for
erosion and sediment control are included in but not limited to the "Virginia Erosion and
Sediment Control Regulations" and the Virginia Erosion and Sediment Control
Handbook, as amended.
B. The county hereby designates the director of community development or his assignee as
the plan-approving authority.
C. The program and regulations provided for in this chapter shall be made available for
public inspection at the office of the department of community development.
D. Pursuant to Code of Virginia § 10.1-561.1, an erosion control plan shall not be approved
until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities
shall be conducted by a certified inspector. The erosion control program of the county
shall contain a certified program administrator, a certified plan reviewer, and a certified
inspector, who may be the same person.
Sec. 79-54. Regulated land-disturbing activities; submission and approval of plans;
contents of plans.
A. Except as provided herein, no person may engage in any land-disturbing activity until he
or she has submitted to the department of community development an erosion and
sediment control plan for the land-disturbing activity and such plan has been approved by
the plan-approving authority. Where land-disturbing activities involve lands under the
jurisdiction of more than one local control program, an erosion and sediment control
plan, at the option of the applicant, may be submitted to the board for review and
approval rather than to each jurisdiction concerned.
1. Where the land-disturbing activity results in between 2,500 square feet and 5,000
square feet and/or 250 to 500 cubic yards of disturbed area, an "agreement in lieu
of a plan" may be substituted for an erosion and sediment control plan if executed
by the plan-approving authority.
2. Where the land-disturbing activity results in between 5,000 square feet and
10,000 square feet and/or 500 to 750 cubic yards of disturbed area, either a plot
plan prepared by a certified responsible land disturber or an engineered plan
prepared by a professional engineer showing the erosion and sediment control
measures must be submitted and executed by the plan-approving authority. A
certified responsible land disturber must be named.
3. Where the land-disturbing activity results in 10,000 square feet or more and/or
750 cubic yards or more of disturbed area, an erosion and sediment control plan
must be submitted which has been prepared by a professional engineer. For
disturbed areas of less than 10,000 square feet, refer to the chart below to
determine requirements for the site.
39
Yards
500
750 fee
*building permit plot plan, if required by the building commissioner
B. *Refer to the Virginia Uniform Statewide Building Code for Building Permit Plot Plan
Requirements.
C. If lots in a subdivision are sold to another owner, that person is responsible for obtaining
a certified responsible land disturber and submitting a plot plan for each lot to obtain an
erosion and sediment control permit.
D. The standards contained with the "Virginia Erosion and Sediment Control Regulations,"
and The Virginia Erosion and Sediment Control Handbook and those more stringent local
stormwater management criteria which the board of supervisors of the county, may adopt
by resolution and incorporate into the manual of regulations and policies entitled "Design
and Construction Standards Manual" are to be used by the applicant when making a
submittal under the provisions of this chapter and in the preparation of an erosion and
sediment control plan. In cases where one standard conflicts with another, the more
stringent applies. The plan approving authority, in considering the adequacy of a
submitted plan, shall be guided by the same standards, regulations and guidelines. The
plan approving authority may waive or modify any of the regulations that are deemed
inappropriate or too restrictive for site conditions by granting a variance under the
conditions noted in 4VAC50-30-50 of the Virginia Erosion and Sediment Control
Regulations.
E. The plan approving authority shall grant written approval within 45 days of the receipt of
the plan, if it is determined that the plan meets the requirements of the local control
program, and if the person responsible for carrying out the plan certifies that he or she
will properly perform the erosion and sediment control measures included in the plan and
will conform to the provisions of this chapter.
40
When the plan is determined to be inadequate, written notice of disapproval stating the specific
reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall
specify the modifications, terms and conditions that will permit approval of the plan. If no action
is taken by the plan-approving authority within the time specified above, the plan shall be
deemed approved and the person authorized to proceed with the proposed activity.
F. Responsible land disturber requirement. As a prerequisite to engaging in the land-
disturbing activities shown on the approved plan, the person responsible for carrying out
the plan shall provide the name of an individual holding a certificate of competence, to
the program authority, as provided by section 10.1-561, of the Virginia Erosion and
Sediment Control Law, who will be in charge of and responsible for carrying out the
land-disturbing activity (the responsible land disturber). Failure to provide the name of an
individual holding a certificate of competence prior to engaging in land-disturbing
activities may result in revocation of the approval of the plan and the person responsible
for carrying out the plan shall be subject to the penalties provided in this chapter.
However, the plan-approving authority may waive the certificate of competence for an
"agreement in lieu of a plan" for construction of a single-family residence meeting the
requirements in 15.21-3 of this chapter. If a violation occurs during the land-disturbing activity,
then the person responsible for carrying out the "agreement in lieu of a plan" shall correct the
violation and provide the name of an individual holding a certificate of competence, as provided
by section 10.1-561 of the Virginia Erosion and Sediment Control Law. Failure to provide the
name of an individual holding a certificate of competence shall be a violation of this chapter and
may result in penalties provided in this chapter.
G. An approved plan may be changed by the plan approving authority when:
1. The inspection reveals that the plan is inadequate to satisfy applicable regulations;
or
2. The person responsible for carrying out the plan finds that because of changed
circumstances or for other reasons the approved plan cannot be effectively carried
out, and proposed amendments to the plan, consistent with the requirements of
this chapter, are agreed to by the plan approving authority and the person
responsible for carrying out the plan.
H. In order to prevent further erosion, the county may require approval of a conservation
plan for any land identified in the local program as an erosion impact area.
I. When land-disturbing activity will be required of a contractor performing construction
work pursuant to a construction contract, the preparation, submission, and approval of an
erosion control plan shall be the responsibility of the owner.
J. Electric, natural gas and telephone utility companies, interstate and intrastate natural gas
pipeline companies and railroad companies shall file general erosion and sediment
41
control specifications annually with the Board for review and written comments. The
specifications shall apply to:
1. Construction, installation or maintenance of electric transmission, natural gas and
telephone utility lines, and pipelines; and
2. Construction of the tracks, rights-of-way, bridges, communication facilities and
other related structures and facilities of the railroad company.
Individual approval of separate projects within subdivisions (1) and (2) of this subsection is not
necessary when board approved specifications are followed, however, projects included in
subdivisions (1) and (2) must comply with board approved specifications. Projects not included
in subdivisions (1) and (2) of this subsection shall comply with the requirements of the county
erosion and sediment control ordinance.
The board shall have 60 days in which to approve the specifications. If no action is taken by the
board within 60 days, the specifications shall be deemed approved. The board shall have the
authority to enforce approved specifications.
K. State agency projects are exempt from the provisions of this chapter, pursuant to Code of
Virginia, § 10.1-564.
L. If the grade of a site is more than 33.3 percent, refer to the International Building Code
for steep slope development requirements.
M. Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a
geotechnical report is provided for the proposed slopes.
N. Cut slopes or fill slopes shall not be greater than 25 vertical feet in height, unless a
geotechnical report is provided for the proposed slopes. Cut slopes or fill slopes less than
or equal to 3:1 (horizontal:vertical) may exceed 25 vertical feet in height and shall not
require a geotechnical report.
O. For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) and
greater than or equal to 25 vertical feet in height, as-built plans showing that the finished
geometry is in substantial conformity with the design shall be provided to the plan-
approving authority.
P. Fill materials, compaction methods and density specifications shall be indicated on the
site development plans. Fill areas intended to support structures shall also be indicated on
the site development plans. Compaction test results (per VDOT standards) shall be
submitted to the plan approving authority.
Q. Development plans for all new subdivisions shall show proposed lot grades to ensure
positive drainage.
42
Sec. 79-55. Permits; fees; bonding; etc.
A. Agencies authorized under any other law to issue grading, building, or other permits for
activities involving land-disturbing activities may not issue any such permit unless the
applicant submits with his application an approved erosion and sediment control plan and
certification that the plan will be followed.
B. No person shall engage in any land-disturbing activity until he has acquired a land-
disturbing permit, unless the proposed land-disturbing activity is specifically exempt
from the provisions of this chapter, and has paid the fees and posted the required bond.
C. Fees. An applicant requesting permission to begin land-disturbing activity pursuant to
this article shall pay the following fees to cover the administrative expense of review,
permitting, and inspection.
Yards
10,000
or portion
or portion project
D. Bond. All applicants for permits shall provide to the county a performance bond, cash
escrow, or an irrevocable letter of credit acceptable to the director of community
development or his assignee, to ensure that measures could be taken by the county at the
applicant's expense should the applicant fail, after proper notice, within the time specified
to initiate or maintain appropriate conservation measures required of him as a result of his
land-disturbing activity. Should it be necessary for the county to take such conservation
action, the county may collect from the applicant any costs in excess of the amount of the
surety held.
43
Within 60 days of adequate stabilization and completion of all other site requirements, as
determined by the director of community development or his assignee, such bond, cash escrow
or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to
the applicant or terminated.
E. These requirements are in addition to all other provisions relating to the issuance of
permits and are not intended to otherwise affect the requirements for such permits.
Sec. 79-56. Monitoring, reports, and inspections.
A. The county may require the person responsible for carrying out the plan and/or the
responsible land disturber to monitor and maintain the land-disturbing activity. The
responsible land disturber will maintain records of these inspections and maintenance, to
ensure compliance with the approved plan and to determine whether the measures
required in the plan are effective in controlling erosion and sedimentation.
B. The department of community development shall periodically inspect the land-disturbing
activity as required under the state program to ensure compliance with the approved plan
and to determine whether the measures required in the plan are effective in controlling
erosion and sedimentation. The owner, permittee, or person responsible for carrying out
the plan shall be given notice of the inspection. If the director of community development
or his assignee determines that there is a failure to comply with the plan or if the plan is
determined to be inadequate, notice shall be served upon the permittee, person
responsible for carrying out the plan or the responsible land disturber by registered or
certified mail to the address specified in the permit application or in the plan certification,
or by delivery at the site of the land-disturbing activities to the agent or employee
supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify the time
within which such measures shall be completed. Upon failure to comply within the specified
time, the permit may be revoked and the permittee shall be deemed to be in violation of this
chapter and, upon conviction, shall be subject to the penalties provided by this chapter.
C. Upon determination of a violation of this chapter, the director of community development
or his assignee may, in conjunction with or subsequent to a notice to comply as specified
in this chapter, issue an order requiring that all or part of the land-disturbing activities
permitted on the site be stopped until the specified corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan or proper permits, the
director of community development or his assignee may, in conjunction with or subsequent to a
notice to comply as specified in this chapter, issue an order requiring that all of the land-
disturbing and/or construction activities be stopped until an approved plan or any required
permits are obtained. Failure to comply will result in civil penalties as outlined in section 15.1-9
of this chapter.
44
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion
of lands or sediment deposition in waters within the watersheds of the commonwealth, or where
the land-disturbing activities have commenced without an approved plan or any required permits,
such an order may be issued without regard to whether the permittee has been issued a notice to
comply as specified in this chapter. Otherwise, such an order may be issued only after the
permittee has failed to comply with such a notice to comply. The order shall be served in the
same manner as a notice to comply, and shall remain in effect for a period of seven days from the
date of service pending application by the enforcing authority or permit holder for appropriate
relief to the circuit court.
If the alleged violator has not obtained an approved plan or any required permits within seven
days from the date of service of the order, the director of community development or his
assignee may issue an order to the owner requiring that all construction and other work on the
site, other than corrective measures, be stopped until an approved plan and any required permits
have been obtained. Such an order shall be served upon the owner by registered or certified mail
to the address specified in the permit application or the land records of the county.
The owner may appeal the issuance of an order to the circuit court of the county. Any person
violating or failing, neglecting or refusing to obey an order issued by the director of community
development or his assignee may be compelled in a proceeding instituted in the circuit court of
the county to obey same and to comply therewith by injunction, mandamus or other appropriate
remedy. Upon completion and approval of corrective action or obtaining an approved plan or any
required permits, the order shall immediately be lifted. Nothing in this section shall prevent the
director of community development or his assignee from taking any other action authorized by
this chapter.
Sec. 79-57. Penalties, injunctions, and other legal actions.
A. Violators of this chapter shall be guilty of a class I misdemeanor.
B. Civil penalties:
1. A civil penalty in the amount listed on the schedule below shall be assessed for
each violation of the respective offenses:
a. Commencement of land disturbing activity without an approved plan as
provided in section 8.6-1 shall be $1,000.00/day.
b. Vegetative measures—Failure to comply with items (1), (2) and (3) of the
minimum standards shall be $100.00/violation/day.
c. Structural measures—Failure to comply with items (2), (4), (9), (10), (11),
(15) and (17) of the minimum standards shall be $100.00/violation/day.
d. Watercourse measures—Failure to comply with items (12), (13) and (15)
of the minimum standards shall be $100.00/violation/day.
e. Underground utility measures—Failure to comply with item (16)a. and/or
c. shall be $100.00/violation/day.
f. Failure to obey a stop work order shall be $100.00/day.
45
g. Failure to stop work when permit revoked $100.00/day.
2. Each day during which the violation is found to have existed shall constitute a
separate offense. However, in no event shall a series of specified violations
arising from the same operative set of facts result in civil penalties which exceed a
total of $3,000.00, except that a series of violations arising from the
commencement of land-disturbing activities without an approved plan for any site
shall not result in civil penalties which exceed a total of $10,000.00. The
assessment of civil penalties according to this schedule shall be in lieu of criminal
sanctions and shall preclude the prosecution of such violation as a misdemeanor
under subsection (a) of this section.
C. The director of community development or his assignee may apply to the circuit court of
the county to enjoin a violation or a threatened violation of this chapter, without the
necessity of showing that an adequate remedy at law does not exist.
D. In addition to any criminal penalties provided under this chapter, any person who violates
any provision of this chapter may be liable to the county in a civil action for damages.
E. Civil penalty enumerated. Without limiting the remedies which may be obtained in this
section, any person violating or failing, neglecting, or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to this section shall be subject, in the
discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A
civil action for such violation or failure may be brought by the county. Any civil penalties
assessed by a court shall be paid into the treasury of the county, except that where the
violator is the locality itself, or its agent, the court shall direct the penalty to be paid into
the state treasury.
F. With the consent of any person who has violated or failed, neglected or refused to obey
any regulation or condition of a permit or any provision of this chapter, the county may
provide for the payment of civil charges for violations in specific sums, not to exceed the
limit specified in subsection (b)(2) of this section. Such civil charges shall be instead of
any appropriate civil penalty which could be imposed under subsection (b) or (e).
G. The county's attorney shall, upon request of the county or the permit issuing authority,
take legal action to enforce the provisions of this chapter.
H. Compliance with the provisions of this chapter shall be prima facie evidence in any legal
or equitable proceeding for damages caused by erosion, siltation or sedimentation that all
requirements of law have been met, and the complaining party must show negligence in
order to recover any damages.
Sec. 79-58. Appeals and judicial review.
Any applicant under the provision of this chapter who is aggrieved by any action of the county or
its agent in disapproving plans submitted pursuant to this chapter shall have the right to apply for
46
and receive a review of such action by the county board of supervisors. In reviewing the agent's
actions, the board of supervisors shall consider evidence and opinions presented by the aggrieved
applicant and agent. After considering the evidence and opinions, the board of supervisors'
decision shall be final, subject only to review by the circuit court of the county. Any applicant
who seeks an appeal hearing before the board of supervisors shall be heard at the next regularly
scheduled board of supervisors' public hearing provided that the board of supervisors and other
involved parties have at least 30 days prior notice.
Final decisions of the county under this chapter shall be subject to review by the county circuit
court, provided an appeal is filed within 30 days from the date of any written decision adversely
affecting the rights, duties, or privileges of the person engaging in or proposing to engage in
land-disturbing activities.
Sec. 79-59. Civil violations, summons, generally.
A. The director shall prepare an appropriate erosion and sediment control civil violation
summons for use in enforcing the provisions of this chapter.
B. Any inspector of the plan approving authority charged with enforcing this chapter shall
serve upon any owner or permittee in violation of this chapter, a summons notifying the
owner or permittee of said violation. If unable to serve the owner or permittee in person,
the inspector may notify by summons an owner or permittee committing or suffering the
existence of a violation by certified, return receipt requested mail, of the infraction. The
county sheriff's office may also deliver the summons. The summons shall contain the
following information:
1. The name and address of the person charged.
2. The nature of the violation and chapter provision(s) being violated.
3. The location, date, and time that the violation occurred, or was observed.
4. The amount of the civil penalty assessed for the violation.
5. The manner, location, and time that the civil penalty may be paid to the county.
6. The right of the recipient of the summons to elect to stand trial for the infraction
and the date of such trial.
C. The summons shall provide that any person summoned for a violation may, within five
days of actual receipt of the summons or, within ten days from the date of mailing of the
summons, elect to pay the civil penalty by making an appearance in person, or in writing
by mail to the county treasurer's office and, by such appearance, may enter a waiver of
trial, admit liability, and pay the civil penalty established for the violation charged and
provide that a signature to an admission of liability shall have the same force and effect
as a judgment in court; however, an admission shall not be deemed a criminal conviction
for any purpose.
D. If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the county shall cause the sheriff of county to serve the summons on the person
charged in the manner prescribed by law. The violation shall be tried in general district
47
court in the same manner and with the same right of appeal as provided for in title 8.01 of
the Code of Virginia. In any trial for a scheduled violation authorized by this section, it
shall be the burden of the county to show the liability of the violator by the
preponderance of the evidence. Any admission of liability, or finding of liability shall not
be a criminal conviction for any purpose.
E. The remedies provided for in this section are cumulative, and are not exclusive and,
except as provided above, shall be in addition to any other remedies by law.
F. The owner or permittee may pay the civil penalty to the treasurer prior to the trial date,
provided he also pays necessary court costs in addition to the civil penalty.
G. Within the time period prescribed in (c), above, the owner or permittee, may contest the
violation by presenting it to the director, who shall certify the contest in writing, on an
appropriate form, to the general district court.
H. Failure to pay the civil penalty, or to contest the violation, within the time period
prescribed in (C), above, shall result in the immediate issuance of a stop work order and the
revocation of the permit, if any.
Sec. 79-6051 - 79-64. Reserved
BE IT FURTHER ORDAINED that this Ordinance shall become effective upon adoption.
This Ordinance adopted on motion made by Council Member ____________, seconded by
Council Member ____________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
1
Meeting Date
April 19, 2016
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Interim Town Manager to execute the
necessary documents, including a deed, for the Roanoke County dedication of an eighty (80) foot
wide greenway easement to the Town for the purpose of completing the Glade Creek Greenway
Phase 2 Project.
Summary
Council was briefed on the dedication of the eighty (80) foot wide greenway easement at their
April 5, 2016 meeting. On April 12, 2016, the County of Roanoke Board of Supervisors held a
public hearing and approved the ordinance authorizing the granting of the greenway easement to
the Town of Vinton.
Attachment
Deed of Easement for the Glade Creek Greenway
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
{00132337.DOCX } Page 1 of 5
Prepared by:
Peter S. Lubeck
Senior Assistant County Attorney
VSB #71223
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Prepared by the Office of the Roanoke County Attorney
Roanoke County Tax Map Parcel #60.11-04-17.00
THIS CONVEYANCE IS EXEMPT FROM RECORDATION TAXES AND FEES
PURSUANT TO §§ 58.1-811(A)(3), 58.1-811(C)(4), 17.1-266, AND 17.1-279(E) OF THE
CODE OF VIRGINIA (1950), AS AMENDED.
THIS DEED OF EASEMENT, is entered into this _____ day of __________________,
2016, by the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter called “Grantor,” and the TOWN OF VINTON,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called
“Grantee,” with an address of 311 S. Pollard Street, Vinton, Virginia 24179.
WITNESSETH:
WHEREAS, the Glade Creek Greenway is a developing bicycle and pedestrian trail
identified in the regionally approved Roanoke Valley Conceptual Greenway Plan endorsed by
the City of Roanoke, County of Roanoke, City of Salem, and Town of Vinton; and
WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and
Facilities identified the development of greenways and trails as a high priority desired by citizens
in Roanoke County; and
WHEREAS, the Glade Creek Greenway is envisioned to run from Tinker Creek to
Vinyard Park and the Blue Ridge Parkway; and
WHEREAS, an easement is needed for the Glade Creek Greenway (“Public Access
Trail”) across portions of the Grantor’s properties designated as Roanoke County Tax Map
Parcel No. 60.11-04-17.00, containing 11.335 acres, more or less, situated in the Vinton
Magisterial District, Roanoke County, Virginia; and
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a
perpetual greenway easement, being eighty feet (80’) in width containing 2.0596 acres, herein
{00132337.DOCX } Page 2 of 5
referred to as “Easement,” to the Grantee for the purposes of construction, operation, and
maintenance of the Greenway;
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,
the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English
Covenants of Title unto the Grantee, its successor and assigns, the following Easement, in the
Vinton Magisterial District, County of Roanoke, Virginia, to wit:
A PERPETUAL 80 FOOT WIDE GREENWAY EASEMENT, consisting
of 89,718 square feet, more or less, to construct, improve, operate, inspect,
use, monitor, maintain, repair, or replace a Public Access Trail upon, over,
through, and across Lot A-1A belonging to the Grantor, as depicted on that
certain plat titled “Easement Plat for Board of Supervisors Roanoke
County,” prepared by Frank B. Caldwell, III, L.S., dated February 24, 2016,
of record in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia as Instrument Number 201601665.
Said Easement shall be subject to the terms and conditions stated below.
1. Grantor hereby grants to Grantee and the general public free access to and use of
the Public Access Trail within the Easement subject to the laws and ordinances of Roanoke
County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding,
horseback riding, and nature study. There shall be no access by Grantee or the public at-large
granted by this Easement to any property of the Grantor other than the Easement and Public
Access Trail. The general public shall have no right to construct or improve any portion of the
Easement and Public Access Trail.
2. Grantee shall have the perpetual right to install and maintain improvements, the
right to go on, over and upon the said Easement for the purposes of installing, maintaining,
repairing and replacing the improvements necessary for the Public Access Trail.
3. Public access with any type of motor vehicle, including but not limited to
motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be
prohibited, except to the extent vehicles are necessary for accessibility (Americans with
Disabilities Act of 1990), construction, inspection, emergency calls, maintenance, or
reconstruction of the Public Access Trail within the Easement area by the Grantee.
{00132337.DOCX } Page 3 of 5
4. Grantor, its successors and assigns, shall be considered the fee owner of the
Easement for purposes of determining development density standards under applicable zoning
and land use regulations.
5. Grantor shall retain the right to use the land subject to the Easement in any
manner which shall not interfere with the use and enjoyment of said Easement for recreational
access to the Public Access Trail.
6. Grantor shall not erect any building, fence, sign, guardrail, or other structure over
the Easement so as to render the Easement inaccessible, except that fences and gates for control
of livestock may be erected and/ or maintained with the mutual consent of the Grantor and
Grantee. In the event that this covenant is violated, Grantee shall not be obligated to repair,
replace, or otherwise be responsible for such improvements if damaged or removed.
7. There shall be no excavation or dredging, or dumping of ashes, garbage, waste,
brush or other unsightly or offensive material on the Easement or Public Access Trail.
8. Any construction by the Grantor of roads or driveways within the Easement area
or crossing the Public Access Trail must be approved by the Grantee and designed in
coordination with the Grantee to facilitate a safe and convenient crossing of the road by Public
Access Trail users.
9. Grantor shall have no maintenance responsibility whatsoever of the Public Access
Trail within the Easement.
10. Grantee may erect within the Easement markers, kiosks, litter receptacles, vehicle
control barriers, benches, bridges, signage, fences, and gates, as deemed necessary for
preservation of the Easement, use of the Public Access Trail, and safety of the Public Access
Trail users. No other building or above grade structure shall be constructed by Grantee or
Grantor without written permission of Grantor.
11. There shall be no removal, destruction, or cutting of trees within the Easement
area except as may be performed by Grantee or its agent for maintenance of the Public Access
Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of
disease without the consent of Grantor, which shall not be unreasonably withheld.
12. Grantee and its agents shall have the right to inspect the Easement and to cut,
clear, and remove all undergrowth, obstructions, or improvements lying within or upon the
Easement that in any way endanger or interfere with the proper use of the same.
{00132337.DOCX } Page 4 of 5
13. Grantee shall have the right and duty to ensure maintenance of the Public Access
Trail for as long as it holds the Easement rights hereunder.
14. Grantee agrees that the Easement shall not be open to the public until such time as
construction of the Public Access Trail is completed.
15. Grantor agrees that the terms, conditions, and restrictions of this Easement will
be inserted by it in any subsequent deed or other legal instrument by which it divests itself of
either the fee simple title to, or of its possessory interest in, the subject property.
16. The parties confirm and agree that Grantee may convey, transfer, and assign this
Easement and its interest and rights acquired herein to a governmental or public entity for
construction, operation, and maintenance of the Glade Creek Greenway.
17. Should Grantee or its assigns cease to develop, operate, or maintain the Public
Access Trail, Grantor may request that the Easement be vacated.
WITNESS the following signature and seal:
GRANTOR:
THE COUNTYOF ROANOKE, VIRGINIA
__________________________________ (SEAL)
By: Thomas C. Gates
County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this __ day of ___________, 2016,
by Thomas C. Gates, County Administrator, on behalf of Roanoke County, Virginia, Grantor.
____________________________________
Notary Public
Commission expires: __________________
Registration No.: ____________________
{00132337.DOCX } Page 5 of 5
Barry W. Thompson, Interim Town Manager of the Town of Vinton, Virginia, hereby joins in
the execution of this instrument to signify acceptance by the Town of Vinton, Virginia, of the
Easement conveyed herein pursuant to Virginia Code § 15.2-1803, which acceptance was
approved by Town Council by action on the day of , 2016.
GRANTEE:
TOWN OF VINTON, VIRGINIA
___________________________________ (SEAL)
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this __ day of ___________, 2016,
by Barry W. Thompson, Interim town Manager, on behalf of Town of Vinton, Virginia, Grantee.
____________________________________
Notary Public
Commission expires: __________________
Registration No.: ____________________
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, APRIL 19, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, on October 20, 2015, Vinton Town Council adopted a resolution authorizing staff
to submit FY 2017-2018 MAP-21 TA program grant application for the
construction of Phase 2 of Glade Creek Greenway, from Walnut Avenue to Gus
Nicks Boulevard; and
WHEREAS, the Phase 2 portion of the greenway will be located along Glade Creek on Town-
owned property and County-owned property, formerly owned by the Roanoke
County School Board and known as the Old William Byrd High School/Roanoke
County Career Center; and
WHEREAS, Roanoke County has agreed to donate the proposed greenway easement to the
Town which runs parallel to Glade Creek on the western portion of the property
adjacent to Vale Avenue and the total eighty (80) foot wide greenway easement
area is 2.0596 acres (89,718 square feet) and extends 0.20 mile in length; and
WHEREAS, the estimated total project cost for Glade Creek Greenway Phase 2 is
$526,210.00. Grant funding in the amount of $417,710.00 was submitted, with
the remaining funding of $108,500.00 to be provided by local match for
administration of the project and drainage improvements, Pathfinders for
Greenways and other volunteer organizations. The donation of the greenway
easement by Roanoke County will also serve as an in-kind match for the Project;
and
WHEREAS, Town Council finds it to be in the best interest of the Town of Vinton to accept
the donation of said greenway easement from Roanoke County.
NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, as follows:
1. The Interim Town Manager is hereby authorized, for and on behalf of the Town,
to execute and attest, respectively, the necessary documents, including a deed, accepting the
donation of the greenway easement described herein.
2. All documents necessary to accomplish this acceptance shall be in a form
approved by the Town Attorney.
3. This resolution shall be effective from and after the date of its adoption.
2
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, Town Clerk
Meeting Date
April 19, 2016
Department
Fire & EMS
Issue
Consider adoption of a Resolution appropriating funds in the amount of $2,616.64 for the receipt of
an insurance claim made on a generator at the Vinton Fire Department.
Summary
On June 17, 2015 a generator at the Vinton Fire Department was damaged as a result of lightning.
The proper insurance filing was made with the VML Insurance Programs and a check has been
issued in the amount of $2,616.64. The generator was repaired by Carter Machinery Company, Inc.
at a cost of $5,116.64 and it is requested that Vinton Town Council appropriate the funds to offset
the cost of said repair.
Attachments
Invoice from Carter Machinery
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 19, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179
WHEREAS, on June 17, 2015, a generator at the Vinton Fire Station was damaged as a result of
lightning; and
WHEREAS, the proper insurance filing was made with the VML Insurance Programs and has
been received into the Revenue Account 200.1901.001– Recoveries and Rebates in
the amount of $2,616.64; and
WHEREAS, the generator was repaired by Carter Machinery Company, Inc. at a cost of
$5,116.64 and it is requested that Vinton Town Council appropriate the funds from
the Revenue Account 200.1901.001- Recoveries and Rebates to the Fire & EMS
Budget Account Number 200.3205.350 - Maintenance & Repair Bldg. to offset the
cost of said repair.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following accounting transaction for the repair work on the generator.
FROM:
200.1901.001 Recoveries and Rebates $2,616.64
TO:
200.3205.350 Maintenance & Repair Bldg. $2,616.64
This Resolution was adopted on motion made by Council Member , seconded by
Council Member , with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Police
Issue
Consider adoption of a Resolution appropriating funds in the amount of $2,959.55 for the receipt of
an insurance claim made on a 2009 Dodge Charger (Unit 1137) of the Police Department.
Summary
On February 22, 2016, a 2009 Dodge Charger (Unit 1137) of the Police Department, struck a
deer causing damage to the front passenger side panel, front and rear passenger side doors and
the front passenger side mirror and windshield was shattered. The Town’s insurance carrier,
VML Insurance Programs, has issued a check in the amount of $2,959.55, which is the estimate
from Buddy’s Auto Body, Inc. to repair said vehicle less the $500.00 deductible.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 19, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179.
WHEREAS, on February 22, 2016, Unit 1137 was damaged during a collision with a deer; and
WHEREAS, the proper insurance filing was made with the VML Insurance Programs and has
been received into the Revenue Account 200.1901.001– Recoveries and Rebates in
the amount of $2,959.55; and
WHEREAS, in order for the repair work to be completed, it is necessary for the Vinton Town
Council to appropriate the funds from the Revenue Account 200.1901.001-
Recoveries and Rebates to the Police Department Operating Budget Account
Number 200.3101.304 - Maintenance and Repair of Equipment.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following accounting transaction and authorizes the Police Department to pay for the repair
work to Vehicle Unit 1133.
FROM:
200.1901.001 Recoveries and Rebates $2,959.55
TO:
200.3101.304 Maintenance and Repairs-Equipment $2,959.55
This Resolution was adopted on motion made by Council Member , seconded by
Council Member________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Administration
Issue
Consider adoption of a Resolution approving a loan to ANBAJA Enterprises, Inc. in the amount
of $25,000.00 from the CDBG Revolving Loan Fund.
Summary
ANBAJA Enterprises, Inc. as lessee has applied for the Revolving Loan Program for 111 South
Pollard Street. The principal owners of the company are Joseph Andrew Bishop, Barry L.
Robertson and Jason M. Bishop. They are requesting loan funds to make interior improvements
and purchase supplemental equipment. The total loan amount is $25,000.00. All work that is
being considered is within the parameters of the Revolving Loan Program Guidelines that was
approved by Council.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, APRIL 19, 2016 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, the Town of Vinton received funds from the Virginia Department of Housing
and Community Development through their Community Development Block
Grant (CDBG) Program to do revitalization improvements to the downtown
area of Vinton; and
WHEREAS, a portion of the CDBG money is to be used to set up a $100,000 Revolving
Loan Fund to be used in the downtown area by business and property owners;
and
WHEREAS, ANBAJA Enterprises, Inc., lessee of 111 South Pollard Street, has applied for
$25,000.00 to make interior improvements and purchase supplemental
equipment; and
WHEREAS, the request conforms to the stipulations set forth in the Revolving Loan Program
Guidelines; and
WHEREAS, the Loan Review Committee has reviewed the loan request and voted to
recommend the loan to Town Council for funding.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant a
loan to ANBAJA Enterprises, Inc. the amount of $25,000.00 from the CDBG Revolving Loan
Fund with interest at the prime rate in effect on April 19, 2016 and a loan repayment schedule of
84 months.
This Resolution adopted on motion made by Council Member _______________, seconded by
Council Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
____________________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Administration
Issue
Consider adoption of a Resolution approving a loan to S.A.S.S. Properties, L.L.C. in the amount
of $29,000.00 from the CDBG Revolving Loan Fund.
Summary
S.A.S.S. Properties, L.L.C. has applied for the Revolving Loan Program for 103 E. Lee Avenue.
The principal owners of the company are R. Stephen Brown, Ann C. Brown, Stephanie R.
Brown-Mead and Stacie A. Brinkley. They are requesting loan funds to construct a new façade
on the building and to remove and re-install a lighted sign. The total loan amount is $29,000.00.
All work that is being considered is within the parameters of the Revolving Loan Program
Guidelines that was approved by Council.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, APRIL 19, 2016 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, the Town of Vinton received funds from the Virginia Department of Housing
and Community Development through their Community Development Block
Grant (CDBG) Program to do revitalization improvements to the downtown
area of Vinton; and
WHEREAS, a portion of the CDBG money is to be used to set up a $100,000 Revolving
Loan Fund to be used in the downtown area by business and property owners;
and
WHEREAS, S.A.S.S. Properties, L.L.C., owner of 103 E. Lee Avenue, has applied for
$29,000.00 to construct a new façade on the building and to remove and re-
install a lighted sign; and
WHEREAS, the request conforms to the stipulations set forth in the Revolving Loan Program
Guidelines; and
WHEREAS, the Loan Review Committee has reviewed the loan request and voted to
recommend the loan to Town Council for funding.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant a
loan to S.A.S.S. Properties, L.L.C. in the amount of $29,000.00 from the CDBG Revolving Loan
Fund with interest at the prime rate in effect on April 19, 2016 and a loan repayment schedule of
84 months.
This Resolution adopted on motion made by Council Member _______________, seconded by
Council Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
____________________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Human Resources
Issue
Consider adoption of a Resolution authorizing the renewal of the Town of Vinton Employees’
group health insurance coverage with The Local Choice Program for the contract year July 1,
2016 through June 30, 2017.
Summary
• Premium increase of 8.9%
• Town will still offer same policies: Key Expanded and Key 500 Plans
• Changes within the current policies
• Applied Benefit Analysis services will now be covered through age 10 due to
House Bill 1940
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
Plans with Comprehensive Dental Coverage
EXPANDED BENEFITS PLAN
2016/2017 2016/2017
TOWN EMPLOYEE
E 700.2 639 60.98
E+1 1296 975 321.3
Family 1891 1059 832
500 - PLAN
E 599 599 0
E+1 1109 968 140.5
Family 1617 1051 566.3
2016-2017
Rate
Plans with Preventive Dental Coverage
EXPANDED BENEFITS PLAN
2016/2017 2016/2017
TOWN EMPLOYEE
E 686.1 632 54.45
E+1 1270 962 308.2
Family 1852 1040 812.4
500 - PLAN
E 584.8 585 0
E+1 1081 955 126.3
Family 1579 1032 546.7
2016-2017
Rate
RESOLUTION NO
AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 19, 2016 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, the Town of Vinton has participated in the State’s group health insurance program
(The Local Choice Health Benefits Program) since July 1, 1990; and
WHEREAS, each year, participants of the program are required to submit a renewal acceptance to
the Virginia Department of Human Resource Management for the new contract
year.
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize
renewal of the Town of Vinton Employees’ group health insurance coverage with the State of
Virginia (The Local Choice Program) for the contract year July 1, 2016 through June 30, 2017.
This resolution adopted on motion made by Council Member ____________, seconded by Council
Member _________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_______________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 19, 2016
Department
Finance/Treasurer
Issue
Financial Report for February 2016
Summary
The Financial Report for the period ending February 29, 2016 has been placed in the Town’s
Dropbox and on the Town’s Website.
The Finance Committee met on April 13, 2016 to discuss this report and will make a
presentation to Council at their Regular Meeting.
Attachments
February 29, 2016 Financial Report Summary
Recommendations
Motion to approve the February 2016 Financial Report
Town Council
Agenda Summary
1
Meeting Date
April 19, 2016
Department
Council
Issue
Appointments to Boards/Commissions/Committees
Summary
Council needs to nominate and appoint for the following:
Roanoke Valley Resource Authority
Joey M. Hiner to the unexpired term ending December 31, 2019 to replace Gary W. Woodson
Western Virginia Regional Industrial Facility Authority
Richard W. Peters, Jr. to the unexpired term ending February 3, 2020 to replace Gary W.
Woodson
Attachments
None
Recommendations
Nominate individuals and motion to approve
Town Council
Agenda Summary