HomeMy WebLinkAbout4/1/2014 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, April 1, 2014
AGENDA
Consideration of:
A. 6:00 p.m. - WORK SESSION
1. Review of the Town of Vinton Stormwater Management (SWM) and Storm
Sewer System Illicit Discharge Ordinance as required under the Virginia
Stormwater Management Program (VSMP) Permit Regulations and the
Virginia Stormwater Management Act § 62.1-44.15:27 of the Code of Virginia
(1950), as amended.
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 minutes for the regular Council meeting of March 18,
2014.
G. AWARDS, RECOGNITIONS, PRESENTATIONS
1. GFWC Woman’s Club of Vinton – Child Abuse Awareness Prevention Month
2. Proclamation – Mayor’s Day of Recognition for National Service
3. Request for funding presentations by Community Agencies:
a. Brain Injury Services of SWVA
b. Vinton Dogwood Festival
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
William “Wes” Nance, Vice Mayor
I. Douglas Adams, Jr., Council Member
Robert R. Altice, Council Member
Matthew S. Hare, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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J. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution appropriating funds in the amount of
$4,822.55 for the receipt of an insurance claim made on a Town vehicle
involved in the snow storm of February 2014.
UPDATE ON OLD BUSINESS
K. FINANCIAL REPORT FOR FEBRUARY 2014
L. MAYOR
M. COUNCIL
N. ADJOURNMENT
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 COMMITTEE/COUNCIL MEETINGS/EVENTS:
March 31, 2014 – 5:30 p.m. – Finance Committee meeting – Finance Conference Room
April 3, 2014 – 10:00 a.m. – Vinton Ground Breaking for new library branch and upcoming
downtown projects – site of new library branch – 300 South Pollard Street
April 10, 2014 – 8:30 a.m. – Special Budget Work Session – Vinton War Memorial, 814
Washington Avenue
April 15, 2014 – 6:00 p.m. – Work Session followed by regular Council Meeting – Council
Chambers
Meeting Date
April 1, 2014
Department
Planning and Zoning
Issue
Review of the Town of Vinton Stormwater Management (SWM) and Storm Sewer System Illicit Discharge
Ordinances as required under the Virginia Stormwater Management Program (VSMP) Permit Regulations
and the Virginia Stormwater Management Act § 62.1-44.15:27 of the Code of Virginia (1950), as amended.
Summary
By July 1, 2014, the Town, like the rest of the MS4s localities, will have to enforce the new SWM
regulations and will also become the VSMP Authority. Becoming the local VSMP Authority will result in
the need for an amended SWM Ordinance and Storm Sewer System Illicit Discharge Ordinance to be
adopted by May 15, 2014, to align with the new VSMP regulations. Staff has been working with Roanoke
County Engineering Division personnel in the development of the SWM and illicit discharge ordinances.
A proposed Ordinance to amend Chapter 15, Stormwater Management and a proposed Ordinance to amend
Chapter 15.3 are attached to this Cover Sheet. Also, the amendment of these two Chapters will also
necessitate the amendment of Chapter 15.1, Erosion and Sediment Control and Steep Slope Development to
renumber that Chapter to 15.2.
Attachments
Draft Ordinance Amending Chapter 15, Stormwater Management
Draft Ordinance Amending Chapter 15.1, Erosion and Sediment Control and Steep Slope Development
Draft Ordinance Amending Chapter 15.3, Storm Sewer System Illicit Discharge
Draft ROCo Stormwater Management Ordinance
TOV Fee Schedule
Recommendations
No action required at this time
Town Council
Agenda Summary
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, MAY 6, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE REPEALING THE VINTON TOWN CODE CHAPTER 15.
STORMWATER MANAGEMENT, SECTION 15-1. ADOPTED, STORMWATER
MANAGEMENT STANDARDS BY ADOPTING A NEW CHAPTER OF THE VINTON
TOWN CODE – CHAPTER 15.1. STORMWATER MANAGEMENT ORDINANCE.
WHEREAS, the Federal Clean Water Act requires the U. S. Environmental Protection Agency
(EPA) to enact regulations to permit and eliminate pollutants discharged into the
nation’s waterways; and
WHEREAS, the EPA has required the states and in the Commonwealth of Virginia, the
Department of Environmental Quality (DEQ) to enforce these regulations; and
WHEREAS, Town of Vinton through the state-mandated programs is required to lessen the
adverse impacts from stormwater runoff from land disturbing activities and from
previous development through the local erosion and sediment control ordinance,
the Virginia Stormwater Management Program (VSMP), Municipal Separate
Storm Sewer System (MS4) Permit, and Total Maximum Daily Load (TMDL)
Program; and
WHEREAS, the Commonwealth of Virginia has determined that to increase the effectiveness
of these programs, the administration of the VSMP is being transferred to the
localities and the stormwater management requirements are being completely
revised effective July 1, 2014; therefore, Town of Vinton’s/Roanoke County’s
stormwater ordinance must be repealed and a new ordinance adopted; and
WHEREAS, since Town of Vinton is becoming the local VSMP authority, which will result in
additional plan reviews, field inspections, educational activities, enforcement
actions, and coordination with DEQ; and
WHEREAS, many of Town of Vinton’s creeks and streams are listed by DEQ as impaired and
the Town has been assigned seven (7) different “waste local allocations” to limit
the pollutants entering the Town’s impaired streams from its storm sewer system;
and
WHEREAS, the Town is required through its MS4 permit to reduce these pollutants over time
to satisfy the assigned wasteload allocations; and
WHEREAS, as of August 2013, the Vinton Town Council and the Roanoke County Board of
Supervisors entered into two Memorandums of Understanding (MOU) for the
County of Roanoke personnel to provide to provide stormwater management plan
review services, as well as stormwater management facilities inspections; and
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WHEREAS, this ordinance satisfies the DEQ requirements effective July 1, 2014; and
WHEREAS, on April 1, 2014, the Vinton Town Council met in work session with Town staff
to review the proposed ordinance.
NOW THEREFORE BE IT ORDAINED by the Vinton Town Council, Vinton, Virginia, as
follows:
1. That Chapter 15-1. Stormwater Management be, and hereby is, repealed in its entirety.
2. That a new Chapter 15.1 entitled “Stormwater Management Ordinance” be, and hereby
is, adopted to read as set out below.
3. That the effective date of this ordinance is July 1, 2014.
CHAPTER 15
STORMWATER MANAGEMENT
Sec. 15.1. Adopted; stormwater management standards.
The town adopts by reference Chapter 23, Stormwater Management, introduction
and sections 23-1 et seq., of the Roanoke County Code, as such chapter may from
time to time be amended.
2. That the Roanoke County “Stormwater Management Design Manual”, as such
manual may from time to time be amended, is hereby adopted by reference in order to implement
the requirements of stormwater management ordinance.
3. That this ordinance shall be effective from and after the date of its adoption, to
remain in compliance with Federal and State regulations under the Clean Water Act and the
conditions VPDES Permit, however, its requirements shall not be enforced until January 1, 2008.
Chapter 15.1
Stormwater Management Ordinance
Sec. 15.1-1. Adopted; Stormwater Management Ordinance.
The town adopts by reference Chapter 23, Stormwater Management Ordinance, introduction and
sections 23-1 et seq., of the County of Roanoke Code; as such chapter may from time to time be
amended.
Sec. 15.1-2. Title and Authority
A. This ordinance shall be known as the “Stormwater Management Ordinance of the Town
of Vinton, Virginia.”
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
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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 15.1-3 of this ordinance. The Town of Vinton hereby designates the
Town Manager or his/her designee as the Administrator of its Virginia Stormwater
Management Program.
Sec. 15.1-3. 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. 15.1-3. Permit Required.
A. No grading, building, or other local permit will be issued for a property until a VSMP
authority permit has been issued by the Administrator, unless the activity is specifically
exempted from VSMP permitting by this Ordinance.
B. No VSMP authority permit will be issued unless and until the permit application and
attendant materials and supporting documentation demonstrate that all land clearing,
construction, disturbance, land development and drainage will be done according to the
requirements of this Ordinance, including an approved erosion and sediment control plan;
and an approved stormwater management plan or an executed agreement in lieu of a
stormwater management plan.
C. No VSMP authority permit will be issued without the general permit registration
statement.
Sec. 15.1-4. Hearings and Appeals
Sec. 15.1-4.1. Hearings
A. Any permit applicant or permittee, or person subject to the requirements of this
Ordinance, who is aggrieved by any action, of the County in approving or disapproving
any plans required by this Ordinance, or by any enforcement action taken pursuant to
County of Roanoke Sec. 23-9, shall have the right to request, in writing, a hearing to the
Vinton Town Manager or his/her designee provided a petition requesting such hearing is
filed with the Town Manager 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 have
at least thirty (30) days prior notice.
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C. A verbatim record of the proceedings of such hearings shall be taken and filed with the
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
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. 15.1-4.2 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.
BE IT FURTHER ORDAINED that this Ordinance shall become effective July 1, 2014.
This Ordinance 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
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ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, _______________, 2014 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Chapter 15.1, Erosion and Sediment Control and Steep
Slope Development, of the Vinton Town Code and establishing an effective date.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Vinton that Chapter 15.1, Erosion and Sediment Control and Steep Slope Development,
Sections 15.1-1 to 8.1-11 of the Vinton Town Code, is amended as follows:
Chapter 15.2 15.1 EROSION AND SEDIMENT CONTROL AND STEEP SLOPE
DEVELOPMENT
Sec. 15.21-1. Title, purpose and authority.
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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-2. Applicability of chapter in town.
The provisions of this chapter 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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-3. Definitions.
As used in this chapter, unless the context requires a different meaning:
Agreement in lieu of a plan means a contract between the plan-approving authority and
the owner 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.
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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.
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.
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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.
(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
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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;
(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.
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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.
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.
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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.
Town means the incorporated Town of Vinton.
Transporting means any moving of earth materials from one place to another place other
than such movement incidental to grading, when such movement results in destroying the
vegetative ground cover either by tracking or the buildup of earth materials to the extent that
erosion and sedimentation will result from the soil or earth materials over which such
transporting occurs.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-4. Administration of chapter in conjunction with subdivision and zoning
ordinances.
This chapter shall be administered, where applicable, in conjunction with the county's
subdivision and zoning ordinances wherein such apply to the development and subdivision of
land within the county or where such apply to development on previously subdivided land within
the county.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-5. 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" 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
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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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-6. Regulated land-disturbing activities; submission and approval of plans;
contents of plans.
(a) Except as provided herein, no person may engage in any land-disturbing activity
until he or she has submitted to the department 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.
Square Feet And/Or Cubic
Yards
Requirements
2,500 0 Exempt from E&S Plan; *building permit plot plan required
2,500—5,000 250—
500
"Agreement in Lieu" of a plan; permit fee; *building permit plot plan
required
5,000—10,000 500—
750
Certified RLD, *building permit plot plan by a certified RLD or a P.E.;
permit fee
10,000 >750 RLD, Erosion and sediment control plan prepared by a P.E.; agreement;
surety; a *building permit plot plan, if required by the building
commissioner
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(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.
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
9
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 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.
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(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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-7. 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.
Square Feet And/Or Cubic
Yards
Fees Cap Requirement
<2,500 <250 $0.00 None
2,500—5,000 250—
500
$25.00 In lieu of agreement
5,000—10,000 500—
750
$50.00 Responsible land disturber
>10,000 >750 $100.00 +
$100/disturbed acre
or portion
$500.00 Certified inspector for project
>10,000 >750 $100.00 +
$100/disturbed acre
or portion
No certified inspector for
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
11
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.
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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-8. 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
12
permits are obtained. Failure to comply will result in civil penalties as outlined in section 15.1-9
of this chapter.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion
of lands or sediment deposition in waters within the watersheds of the commonwealth, or where
the land-disturbing activities have commenced without an approved plan or any required permits,
such 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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-9. 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.
13
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.
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.
(Ord. No. 847, 4-3-2007)
Sec. 15.21-10. 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
14
apply for 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.
(Ord. No. 847, 4-3-2007)
Sec. 15.28-1.11. 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 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
15
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.
(Ord. No. 847, 4-3-2007)
This ordinance shall take effect on ______________, 2014.
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
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, MAY 6, 2014, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE TO REPEAL CHAPTER 15.3 STORM SEWER SYSTEM ILLICIT
DISCHARGE OF THE TOWN OF VINTON CODE, AND REPLACE CHAPTER 15.3
IN ITS ENTIRETY BY ADOPTING AND ENACTING CHAPTER 15.3 ILLICIT
DISCHARGE ORDINANCE OF THE TOWN OF VINTON CODE.
WHEREAS, the Town Council finds that the uncontrolled discharge of pollutants to its
Municipal Separate Storm Sewer System (MS4) has an adverse impact on the
water quality of receiving waters; and
WHEREAS, amendments to the Federal Water Pollution Control Act, commonly known as
the Clean Water Act, established the National Pollutant Discharge Elimination
System (NPDES) Program, which requires permits for discharges from
regulated municipal separate storm sewer systems into the waters of the United
States; and
WHEREAS, the United States Environmental Protection Agency (EPA) has promulgated
regulations implementing the NPDES program, and the EPA has authorized the
Commonwealth of Virginia to issue NPDES permits under the Virginia
Pollutant Discharge and Elimination System (VPDES) permit system; and
WHEREAS, the VPDES regulations for stormwater discharges require Town of Vinton to
control the contribution of pollutants to its regulated MS4 by prohibiting illicit
discharges, and to inspect, monitor, and enforce the prohibitions of illicit
discharges to its regulated MS4; and
WHEREAS, the Town Planning and Zoning Staff has been working with County of Roanoke
Engineering Division Staff in developing the guidelines and regulations for the
storm sewer system illicit discharges ordinance to meet the VPDES and the
VSMP regulations; and
WHEREAS, on April 1, 2014, the Vinton Town Council met in work session with Town staff
to review the proposed ordinance.
NOW THEREFORE, BE IT ORDINED that that the Vinton Town Council does hereby
repeal Chapter 15.3 Storm Sewer System Illicit Discharge Ordinance of the Town Code in its
entirety by adopting and enacting Chapter 15.3 Illicit Discharge Ordinance, of the Town Code,
as follows:
2
Chapter 15.3
STORM SEWER SYSTEM ILLICIT DISCHARGE ORDINANCE
Section 1. Title
This ordinance shall be known as the Town of Vinton Storm Sewer System Discharge
Ordinance.
Section 2. Findings of Fact
The Town Council finds that the uncontrolled discharge of pollutants to the storm sewer system
has an adverse impact upon the water quality of the receiving waters. More specifically:
(a) The Federal Water Pollution Control Act, commonly known as the Clean Water Act,
established the National Pollutant Discharge Elimination System (NPDES) program,
which requires permits for discharges from municipal storm sewer systems into the
waters of the United States. The Environmental Protection Agency (EPA) has
promulgated regulations implementing the NPDES program.
(b) The NPDES regulations for stormwater discharges require certain municipalities,
including the Town of Vinton, to:
(1) Control through ordinance, permit, contract, order or similar means, the
contribution of pollutants to storm sewer systems by stormwater discharges
associated with industrial activity and the quality of stormwater discharged from
sites of industrial activity;
(2) Prohibit through ordinance, order or similar means, illicit discharges to storm
sewer systems;
(3) Control through ordinance, order or similar means discharges to storm sewer
systems of spills, dumping or disposal of materials other than stormwater;
(4) Require compliance with conditions in ordinances, permits, contracts or orders;
and
(5) Carry out all inspection, surveillance, and monitoring procedures necessary to
determine compliance and noncompliance with permit conditions, including
prohibitions of illicit discharges to the storm sewer system.
Section 3. Purpose and Objectives
(a) The purpose of this ordinance is to provide for the health, safety and general welfare of
the citizens of the Town of Vinton through the regulation of non-stormwater discharges
to the storm sewer system.
3
(b) This ordinance establishes methods for controlling the introduction of pollutants into
the storm sewer system in order to comply with the requirements of the NPDES
program and the Virginia Pollutant Discharge Elimination System (VPDES) program.
(c) The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the storm sewer system by
stormwater discharges by any user;
(2) To prohibit illicit connections and illicit discharges to the storm sewer system;
(3) To establish legal authority to carry out all inspections, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance.
(d) If the provisions of this ordinance conflict with other Town of Vinton ordinances or
regulations, the more stringent limitations or regulations shall apply.
Section 4. Definitions
The following words and terms used in this ordinance shall have the following meanings,
unless the context clearly indicates otherwise:
(a) Best Management Practices (BMPs) – Schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or reduce pollutants
from entering the storm sewer system or being discharged from the storm sewer system.
BMPs include, but are not limited to, treatment methods and practices to control
discharge of pollutants.
(b) Clean Water Act (CWA) – The Federal Water Pollution Control Act, as amended, 22
United States Code 1251 et seq.
(c) Director – The Town of Vinton Public Works Director or his designee.
(d) Discharge – Dispose, deposit, spill, pour, inject, pump, leak or place by any means, or
that which is disposed, deposited, spilled, poured, injected, pumped leaked or placed by
any means.
(e) Illicit Connection – Point source discharges to the Town of Vinton’s storm sewer
system or to the waters of the United States, which are not composed entirely of
stormwater and are not authorized by a NPDES permit. Failure of an industrial facility
or construction site to notify the Town of Vinton Public Works Director of a connection
to the Town’s storm sewer system constitutes an illicit connection.
(f) Illicit Discharge – Any discharge to the storm sewer system or to the waters of the
United States that is not composed entirely of stormwater, with the exception of
4
discharges which are exempt pursuant to Section 5 of this Ordinance. Any discharge in
violation of a NPDES or VPDES permit shall constitute an illicit discharge.
(g) Industrial Wastes – Liquid or wastes resulting from any process of industry,
manufacture, trade or business, or from the development of any natural resource.
(h) Inspection – Includes, but is not limited to, any on-site physical examination of all
facilities and grounds which may discharge to a storm sewer system, a review of a all
records on operation and maintenance of facilities and the results of any monitoring
performed for compliance with state, federal and local regulations or permit conditions.
(i) National Pollutant Discharge Elimination System (NPDES) – Federal program for
issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402
and 418 of the CWA.
(j) Other Wastes – Wastes that can adversely affect waters of the United States when
discharged into those waters, including, but not limited to, garbage, refuse, lime,
fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze and chemicals.
(k) Person – Any individual, firm organization, partnership, association, organization or
other entity, including governmental entities, or any combination thereof, or any agent
or employee of any such person.
(l) Sanitary Sewer – A system of underground conduits that collect and deliver sanitary
wastewater to a wastewater treatment plant.
(m) Storm Sewer System – The conveyance or system of conveyances located within the
Town of Vinton, which are designed or used for collecting, storing or conveying
stormwater or through which stormwater is collected, stored or conveyed, including, but
not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes,
lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and
infiltration basins and other facilities.
(n) Stormwater – Runoff from rain, snow or other precipitation, surface runoff and
drainage.
(o) Virginia Pollutant Discharge Elimination System (VPDES) – The permit issued by the
State of Virginia for imposing and enforcing pretreatment requirements pursuant to the
Clean Water Act.
Section 5. Prohibited Discharge to the Storm Sewer System
(a) It shall be a violation of this Ordinance to:
5
(1) Discharge, or cause or allow to be discharged, sewage, industrial wastes or other
wastes into the storm sewer system, or any component thereof, or onto driveways,
sidewalks, parking lots or other areas draining to the storm sewer system.
(2) Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer
system, including any sanitary sewer connected to the storm sewer system as of the
date of the adoption of this Ordinance.
(3) Connect, or cause or allow to be connected to the storm sewer system, without a
valid VPDES or NPDES permit, any structure that conveys any liquid other than
stormwater or discharges listed in subsection (b), including, but not limited to,
pipes, drains, sanitary sewer lines, washing machine drains or floor drains.
(4) Prohibitions 2 and 3 listed in Section 5(a) expressly include, without limitation,
illicit connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of
connection.
(b) Subject to the provisions of subsection (c), the following activities shall not be in
violation of this Ordinance:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows or rising groundwater;
(4) Infiltration of uncontaminated groundwater;
(5) Pumping of uncontaminated groundwater;
(6) Discharges from potable water sources, foundation drains, irrigation water,
springs, water from crawl spaces or footing drains;
(7) Air conditioning condensation;
(8) Lawn watering;
(9) Residential car washing;
(10) Dechlorinated swimming pool discharge;
(11) Street washing
(12) Discharges or flows from emergency fire fighting activities and emergency
respond activities employing BMPs;
(13) Any activity authorized by a valid VPDES or NPDES permit or Virginia
Pollution Abatement (VPA) permit.
(c) In the event any of the activities listed in subsection (b) are found to be the cause of
pollutants to be discharged into the storm sewer system, the Director shall so notify the
person performing such activities, and shall order that such activities be ceased or
conducted in such a manner as to avoid the discharge of pollutants into the storm sewer
system. The failure to comply with any such order shall constitute a violation of the
provisions of this Ordinance.
Section 6. Watercourse Protection
6
Every person owning property through which a watercourse passes, or such person’s lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
yard wastes, and other obstacles that would pollute, contaminate or significantly retard the flow
of water through the watercourse. The owner or lessee shall not remove healthy bank
vegetation beyond that necessary for maintenance, nor remove said vegetation in such a manner
as to increase the vulnerability of the watercourse to erosion. The property owner shall be
responsible for maintaining and stabilizing that portion of the watercourse that is within their
property lines in order to protect against erosion and degradation of the watercourse originating
or contributed from their property. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse, so that such structures will not
become a hazard to the use, function, or physical integrity of the watercourse.
Section 7. Inspections and Monitoring
The Director shall have the authority to inspect and monitor discharges and sources of potential
discharge to the storm sewer system to ensure compliance with this Ordinance, including the
authority to enter upon private property to inspect or monitor such discharges or sources of
potential discharge. The Director shall also have the authority to initiate enforcement actions in
accordance with Section 8 of this Ordinance.
Section 8. Penalties
(a) Any person who knowingly violates any provision of this Ordinance shall be guilty of a
Class 1 misdemeanor. Each day that such violation is committed, and each day that
such violation is permitted to remain uncorrected, shall constitute a separate offense.
(b) Any person who, intentionally or otherwise, commits any of the acts prohibited by
Section 5 of this Ordinance shall be liable to the Town of Vinton for all costs of
containment, cleanup, abatement, removal and disposal of any substance unlawfully
discharged into the storm sewer system.
(c) Any person who, intentionally or otherwise, violates any provision of this Ordinance
shall be subject to a civil penalty in an amount not to exceed one thousand dollars
($1,000) for each day that a violation of this Ordinance continues. The court assessing
such penalties, may, at its discretion, order such penalties to be paid into the Treasury of
the Town of Vinton for the purposes of abating, preventing or mitigating environmental
pollution.
(d) The Director may bring legal action to enjoin the continuing violation of this Ordinance,
and the existence of any other remedy, at law or in equity, shall be no defense to any
such action.
(e) The remedies set forth in this section shall be cumulative, not exclusive; and it shall not
be a defense to any action, civil or criminal, that one (1) or more of the remedies set
forth herein has been sought or granted.
7
Section 9. 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 or judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this chapter.
Section 10. Ultimate Responsibility
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this Ordinance does not intend nor imply that compliance by any person
will ensure that there will be no contamination, pollution, nor unauthorized discharge of
pollutants.
Chapter 15.3
ILLICIT DISCHARGE ORDINANCE
INTRODUCTION
Town of Vinton finds that the uncontrolled discharge of pollutants to its municipal separate
storm sewer system (MS4) has an adverse impact on the water quality of receiving waters.
Amendments to the Federal Water Pollution Control Act, commonly known as the Clean Water
Act, established the National Pollutant Discharge Elimination System (NPDES) Program,
which requires permits for discharges from regulated municipal separate storm sewer systems
into the waters of the United States.
The United States Environmental Protection Agency (EPA) has promulgated regulations
implementing the NPDES program. Moreover, the EPA has authorized the Commonwealth of
Virginia to issue NPDES permits under the Virginia Pollutant Discharge and Elimination
System (VPDES) permit system. The VPDES regulations for stormwater discharges require
certain localities, including Town of Vinton, to control the contribution of pollutants to its
regulated MS4 by prohibiting illicit discharges, and to inspect, monitor, and enforce the
prohibitions of illicit discharges to its regulated MS4.
Sec. 15.3-1. GENERAL PROVISIONS
Sec. 15.3-1.1. TITLE AND AUTHORITY
A. This ordinance shall be known as the “Illicit Discharge Ordinance of the Town of
Vinton, Virginia.”
B. This ordinance establishes the Town’s illicit discharge program that regulates non-
stormwater discharges to its regulated MS4, consistent with state regulations
promulgated pursuant to the law.
8
C. The Town of Vinton hereby designates the Town Manager as the Administrator of the
illicit discharge program.
Sec. 15.3-1.2. PURPOSE
The purpose of this ordinance is to promote the general health, safety, and welfare of the
citizens of the Town by protecting property and state waters through the prohibition of illicit
discharges of non-stormwater within the Town’s regulated MS4 area; subject to certain
exceptions.
Sec. 15.3-1.3. APPLICABILITY
This ordinance is applicable to any non-stormwater discharge that enters, or has the potential of
entering the Town’s regulated MS4 area.
Sec. 15-1.4. COMPATABILITY WITH OTHER REQUIREMENTS
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, stature, or other provision of law. The requirements of this ordinance shall 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. 15.3-1.5. SEVERABILITY
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this
ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this ordinance.
SEC. 15.3-2. DEFINITIONS
The following words and terms as used in this ordinance shall have the following meanings,
unless the context clearly indicates otherwise:
“Administrator” means the position responsible for administering the illicit discharge
program on behalf of the Town of Vinton. Roanoke. The Administrator shall be the Town
Manager or his/her designee.
“Best Management Practice or BMP” means schedules of activities, prohibitions of
practices, including both structural or non-structural practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of surface waters and
groundwater systems from the impacts of land-disturbing activities.
9
“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.
"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.
“Department” means the Virginia Department of Environmental Quality (DEQ).
“Discharge” means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any
means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked,
or placed by any means.
“Illicit discharge” means any discharge to the Town’s MS4 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 MS4), discharges resulting from firefighting activities, and
discharges identified by and in compliance with 9VAC25-870-400 D 2 c (3).
"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, drop inlets, curbs, gutters, ditches, man-made
channels, storm drainage pipes, or other drainage structures:
1. Owned or operated by Town of Vinton;
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 (POTW).
“Municipal separate storm sewer system” or “MS4” means all municipal separate storm
sewers that are located within the Town of Vinton.
“National Pollutant Discharge Elimination System” (NPDES) means the federal program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits, and
imposing and enforcing pre-treatment requirements under the Clean Water Act (CWA).
“Person” means any individual, firm, organization, partnership, association, organization or
other entity, including governmental entities, or any combination thereof, or any agent or
employee of any such entity.
“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.
10
“Stormwater” means precipitation that is discharged across the land surface or through
conveyances to one or more waterways, which may include rainfall runoff, snow melt runoff,
and surface runoff and drainage.
“Town” means Town of Vinton, Virginia.
“Virginia Pollutant Discharge Elimination System” (VPDES) means the program issued by
the Commonwealth of Virginia for imposing and enforcing pre-treatment requirements
pursuant to the Clean Water Act (CWA).
“Virginia Stormwater Management Program” (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, which 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,
enforcement, where authorized in this article, and evaluation consistent with the requirements
of this article and associated regulations.
Sec. 15.3-3. PROHIBITED DISCHARGES
A. It shall be unlawful and a violation of this ordinance to allow any discharge that is not
composed entirely of stormwater, except as described in subsection C below, that
enters, or has the potential of entering, the MS4.
B. Illicit discharges include, but are not limited to:
1. Discharging, or causing or allowing to be discharged, sewage, industrial wastes,
yard wastes, or other wastes, into the storm sewer system, or any component
thereof, or onto driveways, sidewalks, parking lots, the ground, or any other
areas draining to the storm sewer system.
2. Connecting, or causing or allowing connection of any sanitary sewer to the
storm sewer system, including any sanitary sewer connected to the storm sewer
as of the date of the adoption of this ordinance.
3. Connecting, or causing or allowing any connection to the storm sewer system,
without a valid VSMP, VPDES, or NPDES permit, any structure that conveys
any liquid other than stormwater or discharges listed in subsection C, including,
but not limited to, pipes, drains, sanitary sewer lines, washing machine drains, or
floor drains.
4. Prohibitions 2 and 3 listed in this subsection expressly include, without
limitations, illicit connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing at the
time of the connection.
11
5. Throwing, placing, or depositing, or causing to be thrown, placed, or deposited
in the storm sewer system anything that impedes or interferes with the free flow
of stormwater therein, or adversely affects water quality.
C. The following non-stormwater discharges are allowable under this ordinance:
1. Discharges or flows covered by a separate individual or general VPDES or
VSMP permit for non-stormwater discharges;
2. Individual non-stormwater discharges or flows that have been identified in
writing by the Virginia Department of Environmental Quality as de minimis
discharges that are not significant sources of pollutants to state waters and do
not require a VPDES permit;
3. Non-stormwater discharges or flows as listed in the following categories, unless
they are identified by the Administrator or Virginia Water Control Board, as
significant contributors of pollutants.
a. Water line flushing;
a. Landscape irrigation;
b. Diverted stream flows or rising groundwater;
c. Uncontaminated ground water infiltration;
d. Uncontaminated pumped groundwater;
e. Discharges from potable water sources;
f. Foundation drains;
g. Air conditioning condensate;
h. Irrigation water;
i. Springs;
j. Water from crawl space pumps;
k. Footing drains;
l. Lawn watering;
m. Individual residential car washing;
n. Flows from riparian habitats and wetlands;
o. Dechlorinated swimming pool discharges;
p. Street wash water; and
q. Firefighting activities
4. The discharge of material resulting from a spill that is necessary to prevent loss
of life, personal injury, or severe property damage. The responsible party shall
take all reasonable steps to minimize or prevent any adverse effect on human
health or the environment. This provision does not transfer liability for the spill
itself from the party(ies) responsible for the spill, nor relieve the party(ies)
responsible for a spill from the reporting requirements of 40 CFR Part117 and
40 CRF Part 302 (2001).
D. In the event any of the activities listed in sub-paragraph C.3 of this section are found to
be a significant contributor of pollutants to be discharged into the MS4, the
12
Administrator shall so notify the person performing such activities, and shall order that
such activities be ceased or be conducted in such a manner as to avoid the discharge of
pollutants into the MS4. The failure to comply with any such order shall constitute a
violation of the provisions of this ordinance.
Sec. 15.3-4. INSPECTIONS AND MONITORING
A. The Administrator shall have the authority to carry out all inspections and monitoring
procedures necessary to determine compliance and/or noncompliance with this
ordinance, and to enforce the requirements of this ordinance.
B. The Administrator shall have the authority, at his sole discretion, to require a
Stormwater Pollution Prevention Plan (SWPPP) from any person whose property
discharges, or has the potential to discharge, to the MS4.
C. The Administrator and/or his/her duly authorized employees, agents, or representatives
of the Town, bearing proper credentials and identification, shall be authorized to enter
any public property or to request entry into private property at any reasonable time for
the purpose of enforcing this ordinance, including, but not limited to taking samples of
discharges, inspecting monitoring equipment, inspecting and copying documents
relevant to the enforcement of this ordinance, and such other items as may be deemed
necessary for the enforcement of this ordinance.
If the person in charge of the property refuses to allow the Administrator to enter in
accordance with subsection C, then the Administrator may present sworn testimony to a
magistrate or court of competent jurisdiction and request the issuance of an inspection
warrant to enter the property for the purpose of making such inspections and
investigations. The Administrator shall make a reasonable effort to obtain consent from
the owner or person in charge of the property prior to seeking the issuance of an
inspection warrant under this section.
D. The Administrator shall have the authority to require any person responsible for a
discharge to the MS4 to document that such discharge meets and is in compliance with
the requirements of this ordinance. This includes, but is not limited to, the ability of the
Administrator to require such person to provide monitoring reports, test results, and
such other matters as may be deemed necessary to show that such discharge is in
compliance with the requirements of this ordinance. The cost of any required
documentation shall be the responsibility of the person responsible for the discharge.
E. The failure of any person to comply with any of the requirements of this section shall
constitute a violation of this chapter.
13
Sec. 15-3-5. ENFORCEMENT AND PENALTIES
A. Any person who violates any of the provisions of this ordinance shall be guilty of a
Class I misdemeanor and, upon conviction, is subject to punishment by a fine of not
more than two thousand five hundred dollars ($2,500.00) per violation per day and
confinement in jail for not more than twelve (12) months, either or both.
B. Each day during which a violation of this ordinance occurs or continues shall be
deemed a separate and distinct violation of this chapter.
C. Any person who commits any of the acts prohibited by this chapter or violates any of
the provisions of this ordinance shall be liable to the Town for all costs of testing,
containment, cleanup, abatement, removal, disposal, and any other related costs or
expenses that the Town may incur in connection with the enforcement of this ordinance
and/or the prohibition and/or correction of a violation of this ordinance.
D. The Administrator may bring legal action to enjoin a violation of this ordinance and the
existence of any other remedy shall be no defense to any such action.
E. In addition to any of the remedies set forth above, the Administrator may seek to
impose, or have imposed by the appropriate authority, any of the remedies provided for
by § 62.1-44.15:48, Code of Virginia (1950), as amended, which are incorporated
herein by reference.
F. In any court action that may result from enforcement of this ordinance, a judge hearing
the case may direct the person responsible for the violation or the property owner to
correct the violation and each day that the violation continues shall constitute a separate
violation of this chapter.
G. Any person who knowingly makes any false statements, representations, or
certifications in any record, report, or other document, either filed or requested pursuant
to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required or used by the director under this chapter in
monitoring discharges, shall be guilty of a violation of this ordinance.
H. The remedies set forth in this section shall be cumulative, not exclusive, and it shall be
no defense to any action that one (1) or more of the remedies set forth in this section has
been sought or granted.
14
BE IT FURTHER ORDAINED that this Ordinance shall become effective July 1, 2014.
This Ordinance 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
Page 1 of 38
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 8, 2014
ORDINANCE REPEALING CHAPTER 23. STORMWATER
MANAGEMENT IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER
OF THE ROANOKE COUNTY CODE – CHAPTER 23. STORMWATER
MANAGEMENT ORDINANCE
WHEREAS, the Federal Clean Water Act requires the U. S. Environmental
Protection Agency (EPA) to enact regulations to permit and eliminate pollutants
discharged into the nation’s waterways; and
WHEREAS, the EPA has required the states and in the Commonwealth of
Virginia, the Department of Environmental Quality (DEQ) to enforce these regulations;
and
WHEREAS, Roanoke County through the state-mandated programs is required to
lessen the adverse impacts from stormwater runoff from land disturbing activities and
from previous development through the local erosion and sediment control ordinance, the
Virginia Stormwater Management Program (VSMP), Municipal Separate Storm Sewer
System (MS4) Permit, and Total Maximum Daily Load (TMDL) Program; and
WHEREAS, the Commonwealth of Virginia has determined that to increase the
effectiveness of these programs, the administration of the VSMP is being transferred to
the localities and the stormwater management requirements are being completely revised
effective July 1, 2014; therefore, Roanoke County’s stormwater ordinance must be
repealed and a new ordinance adopted; and
WHEREAS, since Roanoke County is becoming the local VSMP authority, which
will result in additional plan reviews, field inspections, educational activities,
enforcement actions, and coordination with DEQ; and
Page 2 of 38
WHEREAS, many of Roanoke County’s creeks and streams are listed by DEQ as
impaired and the County has been assigned thirteen (13) different “waste local
allocations” to limit the pollutants entering the County’s impaired streams from its storm
sewer system; and
WHEREAS, the County is required through its MS4 permit to reduce these
pollutants over time to satisfy the assigned wasteload allocations; and
WHEREAS, this ordinance satisfies the DEQ requirements effective July 1, 2014;
and
WHEREAS, the first reading of this ordinance was held on April 8, 2014, and the
second reading and public hearing was held on April 22, 2014.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 23. Stormwater Management be, and hereby is, repealed in
its entirety.
2. That a new Chapter 23, entitled “Stormwater Management Ordinance”
be, and hereby is, adopted to read as set out below.
3. That the effective date of this ordinance is July 1, 2014.
Page 3 of 38
Stormwater Management Ordinance From Chapter 23 of the County of Roanoke
Code
Table of Contents
Introduction ..........................................................................................................................
Section 23-1 General Provisions .........................................................................................
23-1.1 Title and Authority .........................................................................................
23-1.2 Purpose ...........................................................................................................
23-1.3 Applicability ...................................................................................................
23-1.4 Compatibility with Other Requirements.........................................................
23-1.5 Severability .....................................................................................................
23-1.6 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities ....................................................................................
23-1.7 Stormwater Management Technical Criteria for Regulated Land
Disturbance Activities: Grandfathered Projects and Projects subject to the
Provisions of 9VAC25-870-47B....................................................................
23-1.8 Stormwater Management Design Manual ......................................................
23-1.9 County Right of Entry ....................................................................................
Section 23-2 Definitions .......................................................................................................
Section 23-3 Program Permit Procedures and Requirements .........................................
23-3.1 Permit Required ..............................................................................................
23-3.2 Permit Application Contents ..........................................................................
23-3.3 Stormwater Pollution Prevention Plans ..........................................................
23-3.4 Pollution Prevention Plans..............................................................................
23-3.5 Stormwater Management Plans ......................................................................
23-3.6 Comprehensive Stormwater Management Plans and Regional
Stormwater Management Facilities ................................................................
23-3.7 Stormwater Management Facility Maintenance Agreements ........................
23-3.8 Performance Securities ...................................................................................
23-3.9 Fees .................................................................................................................
23-3.10 Permit Application Procedure ......................................................................
Section 23-4 Exceptions to Stormwater Management Requirements .............................
Section 23-5 Property Owner Responsibilities for Drainage Ways.................................
Section 23-6 Construction Inspection.................................................................................
23-6.1 Notice of Construction Commencement ........................................................
23-6.2 Periodic Construction Inspection....................................................................
23-6.3 Final Inspection and Record Documentation .................................................
Page 4 of 38
Section 23-7 Post Construction Inspection, Maintenance and Repair
Of Stormwater Management Facilities ........................................................
23-7.1 Maintenance Inspections of Stormwater Management Facilities ...................
23-7.2 Records of Inspection, Maintenance and Repair ............................................
Section 23-8 Hearings and Appeals ....................................................................................
23-8.1 Hearings ..........................................................................................................
23-8.2 Appeals ...........................................................................................................
Section 23-9 Enforcement and Penalties ............................................................................
23-9.1 Violations........................................................................................................
23-9.2 Notice of Violation .........................................................................................
23-9.3 Stop Work Orders ...........................................................................................
23-9.4 Civil and Criminal Penalties ...........................................................................
23-9.5 Restoration of Lands .......................................................................................
23-9.6 Holds on Certificate of Occupancy ................................................................
Page 5 of 38
Chapter 23
Stormwater Management Ordinance
County of Roanoke, Virginia
INTRODUCTION
The County of Roanoke is home to a vast array of scenic natural resources, from the
mountains that span our landscape to the streams that flow through our valleys. This
picturesque environment has embraced generations of citizens while drawing in more
newcomers every year. The continual increase in population aids in the growth and
development of this area, improving jobs and enhancing economic stability. Yet,
intensive development can degrade the beautiful natural resources that make the County
so special.
Inadequate management of stormwater runoff from land-disturbing activities and
development in watersheds increases flood flows and velocities, erodes and/or silts
stream channels, pollutes water, overloads existing drainage facilities, undermines
floodplain management in downstream communities, reduces groundwater recharge, and
threatens public safety. More specifically, surface water runoff can carry pollutants into
receiving waters.
The Roanoke River and many of its tributaries inside the County are listed as impaired
waters by the Virginia Department of Environmental Quality (DEQ).
Many future problems can be avoided through proper stormwater management, and the
County is dedicated to preventing the damaging effects that uncontrolled stormwater may
present. The lands and waters of Roanoke County are valuable natural resources that
need to be protected. The County finds that it is in the public interest to establish a
stormwater management program.
Pursuant to Code § 62.1-44.15:27, this ordinance is part of an initiative to integrate the
County of Roanoke’s stormwater management requirements with the County of
Roanoke’s erosion and sediment control (Chapter 8.1) and floodplain management
(Section 30-74) requirements into a unified stormwater program. The unified stormwater
program is intended to facilitate the submission and approval of plans, issuance of
permits, payment of fees, and coordination of inspection and enforcement activities into a
more convenient and efficient manner for both the County of Roanoke and those
responsible for compliance with these programs.
Page 6 of 38
SECTION 23-1
GENERAL PROVISIONS
Section 23-1.1 TITLE AND AUTHORITY
A. This ordinance shall be known as the “Stormwater Management Ordinance of the
County of Roanoke, Virginia.”
B. Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Roanoke
hereby establishes a Virginia Stormwater Management Program (VSMP) for
land-disturbing activities 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 23-1.2 of this ordinance.
The County of Roanoke hereby designates the Director of Community
Development as the Administrator of its Virginia Stormwater Management
Program.
Section 23-1.2 PURPOSE
The purpose of this ordinance is to promote and protect the general health, safety, and
welfare of the citizens of the County and to protect property, state waters, stream
channels, and other natural resources from the potential harm of unmanaged stormwater,
and to establish requirements whereby stormwater is managed to protect water quality
and downstream property owners.
This ordinance provides the framework for the administration, implementation, and
enforcement of the provisions of the Virginia Stormwater Management Act (VSMA) and
delineates the procedures and requirements to be followed in connection with the permits
issued by the Administrator.
Section 23-1.3 APPLICABILITY
A. Except as provided herein, no person may engage in any land-disturbing activity
until a permit has been issued by the Administrator in accordance with the
provisions of this ordinance.
B. A stormwater management plan, or an agreement in lieu of a stormwater
management plan, shall be reviewed and approved by the Administrator prior to
permit issuance.
C. Notwithstanding any other provisions of this ordinance, the following activities
are exempt, unless otherwise required by federal law:
Page 7 of 38
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.
Page 8 of 38
Section 23-1.4 COMPATABILITY WITH OTHER REQUIREMENTS
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, stature, or other provision of law. The requirements of this ordinance
should be considered minimum requirements, and where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule or
regulation, or other provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall apply.
Section 23-1.5 SEVERABILITY
If the provisions of any article, section, subsection, paragraph, subdivision or clause of
this ordinance shall be judged invalid by a court of competent jurisdiction, such order of
judgment shall not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this ordinance.
Section 23-1.6 STORMWATER MANAGEMENT TECHNICAL CRITERIA FOR
REGULATED LAND DISTURBING ACTIVITIES
The County hereby adopts the technical criteria for regulated land-disturbing activities set
forth in Part 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 23-1.7 of this ordinance.
Section 23-1.7 STORMWATER MANAGEMENT TECHNICAL CRITERIA FOR
REGULATED LAND DISTURBING ACTIVITIES: GRANDFATHERED
PROJECTS AND PROJECTS SUBJECT TO THE PROVISIONS OF 9VAC25-
870-47B
A. The County hereby adopts the technical criteria for regulated land-disturbing
activities set forth in Part 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.
Page 9 of 38
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 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. County, 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 County, state, or federal funding, in whole
or in part, prior to July 1, 2012, or the Department has approved a
stormwater management plan prior to July 1, 2012;
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 Roanoke County’s local stormwater
management requirements that were in effect at the time of receiving general
permit coverage or commencing land disturbance. Such projects shall remain
subject to these requirements for an additional two general permit cycles, if
general permit coverage is maintained. After that time, portions of the project,
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not under construction, shall become subject to the technical criteria in effect at
that time.
G. An operator may choose to decline grandfather status and to instead comply with
the technical requirements of section 23-1.6 of this ordinance. Nothing in this
section shall preclude an operator from constructing to a more stringent standard
at his discretion.
Section 23-1.8 STORMWATER MANAGEMENT DESIGN MANUAL
A. The County will utilize the policies, criteria and information contained within the
County Stormwater Management Design Manual for proper implementation of
the requirements of this ordinance.
B. The County Stormwater Management Design Manual may be updated and revised
from time to time. The Administrator shall recommend any updates,
supplements, or modifications of the County Stormwater Management Design
Manual subject to the authorization and approval by the Board of Supervisors by
resolution.
Section 23-1.9 COUNTY RIGHT OF ENTRY
A. The Administrator and/or duly authorized employees, agents, or representatives of
the County, bearing proper credentials and identification, may, at any reasonable
times and under reasonable circumstance, enter any establishment or upon any
property, public or private, which has a VSMP permit or a maintenance
agreement, for the purpose of enforcing this ordinance, including, but not limited
to:
1. Obtaining information or conducting surveys or investigations;
2. Taking samples of discharges;
3. Inspecting monitoring equipment;
4. Inspecting and copying documents relevant to the enforcement of this
ordinance;
5. Initiating or maintaining appropriate actions which are required by the
permit conditions associated with a land-disturbing activity when a
permittee, after proper notice, has failed to take acceptable action within
the time specified;
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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 has cause to believe an activity regulated under this
ordinance is occurring without a VSMP permit, or if the person in charge of the
property refuses to allow the Administrator to enter in accordance with subsection
A, then the Administrator may present sworn testimony to a magistrate or court of
competent jurisdiction and request the issuance of an inspection warrant to enter
the property for the purpose of making such inspection and investigation. The
Administrator shall make a reasonable effort to obtain consent from the owner or
person in charge of the property prior to seeking the issuance of an inspection
warrant under this section.
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SECTION 23-2
DEFINITIONS
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater
Management Regulations, as amended, which are expressly adopted and incorporated
herein by reference, the following words and terms used in this ordinance have the
following meanings, unless otherwise specified herein. Where definitions differ, those
incorporated herein shall have precedence.
“Administrator” means the VSMP authority responsible for administering the VSMP on
behalf of the County of Roanoke. The Administrator shall be the Director of Community
Development and any duly authorized agent of the Director of Community Development,
or the person designated by the County Administrator to administer this ordinance on
behalf of the County.
"Agreement in lieu of a Stormwater Management Plan" means a contract between the
VSMP authority and the owner or permittee that specifies methods that shall be
implemented to comply with the requirements of a VSMP for the construction of a
single-family residence; such contract may be executed by the VSMP authority in lieu of
a stormwater management plan.
“Applicant” means any person submitting an application for a permit or requesting
issuance of a permit under this Ordinance.
“Best Management Practice or BMP” means schedules of activities, prohibitions of
practices, including both a structural or nonstructural 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.
“Department” means the Department of Environmental Quality.
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“Development” means land disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation
or utility facilities or structures or the clearing of land for non-agricultural or non-
silvicultural purposes.
“Executed Development Agreements” means documents that are executed by the
applicant and County that implements the various sureties.
“Fee in lieu” means a payment of money to the County for the use of a regional
stormwater management facility in place of meeting all or part of the stormwater
performance standards required by this Ordinance on the site.
"General permit" means the state permit titled GENERAL PERMIT FOR
DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in
Part XIV (9VAC25-880-1 et seq.) of the Regulations authorizing a category of discharges
under the CWA and the Act within a geographical area of the Commonwealth of
Virginia.
“Illicit discharge” means any discharge to a municipal separate storm sewer that is not
composed entirely of stormwater, except discharges pursuant to a VPDES or VSMP
permit (other than the VSMP permit for discharges from the municipal separate storm
sewer), discharges resulting from firefighting activities, and discharges identified by and
in compliance with 9VAC25-870-400 D 2 c (3).
“Land disturbance” or “Land-disturbing activity” means a manmade change to the
land surface that potentially changes its runoff characteristics including any clearing,
grading, or excavation, except that the term shall not include those exemptions specified
in Section 23-1.3 of this Ordinance.
“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:
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1. Owned or operated by Roanoke County;
2. Designed or used for collecting or conveying stormwater;
3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment works.
“Municipal separate storm sewer system” or “MS4” means all municipal separate
storm sewers that are located within the portion of the County that is identified as
“urbanized” by the U.S. Bureau of the Census in the latest Decennial Census.
“Municipal Separate Storm Sewer 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.
“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.
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“Site” means the land or water area where any facility or land-disturbing activity is
physically located or conducted, including adjacent land used or preserved in connection
with the facility or land-disturbing activity.
“State” means the Commonwealth of Virginia.
“State Board” means the State Water Control Board.
“State Permit” means an approval to conduct a land-disturbing activity issued by the
State Board in the form of a state stormwater individual permit or coverage issued under
a state general permit or an approval issued by the State Board for stormwater discharges
from an MS4. Under these state permits, the Commonwealth imposes and enforces
requirements pursuant to the federal Clean Water Act and regulations, the Virginia
Stormwater Management Act and the Regulations.
“State Water Control Law” means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the
Code of Virginia (1950), as amended.
“State waters” means all water, on the surface and under the ground, wholly or partially
within or bordering the Commonwealth or within its jurisdiction, including wetlands.
“Stormwater” means precipitation that is discharged across the land surface or through
conveyances to one or more waterways and that may include stormwater runoff, snow
melt runoff, and surface runoff and drainage.
“Stormwater facility maintenance agreement” means a legally binding agreement
between the owner of a property and the County regarding long-term maintenance of
stormwater management facilities.
“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 23-3.5 of this
Ordinance.
“Stormwater Pollution Prevention Plan” or “SWPPP” means a document that is
prepared in accordance with good engineering practices and that identifies potential
sources of pollutants that may reasonably be expected to affect the quality of stormwater
discharges from the construction site, and otherwise meets the requirements of this
Ordinance. In addition, the document shall identify and require the implementation of
control measures, and shall include, but not be limited to the inclusion of, or the
incorporation by reference of, an approved erosion and sediment control plan, an
approved stormwater management plan, and a pollution prevention plan.
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“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 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, Roanoke County
is the VSMP Authority.
SECTION 23-3
PROGRAM PERMIT PROCEDURES AND REQUIREMENTS
Page 17 of 38
Section 23-3.1 PERMIT REQUIRED
A. No grading, building, or other local permit will be issued for a property until a
VSMP authority permit has been issued by the Administrator, unless the activity
is specifically exempted from VSMP permitting by this Ordinance.
B. No VSMP authority permit will be issued unless and until the permit application
and attendant materials and supporting documentation demonstrate that all land
clearing, construction, disturbance, land development and drainage will be done
according to the requirements of this Ordinance, including an approved erosion
and sediment control plan; and an approved stormwater management plan or an
executed agreement in lieu of a stormwater management plan.
C. No VSMP authority permit will be issued without the general permit registration
statement.
Section 23-3.2 PERMIT APPLICATION CONTENTS
A. Unless specifically exempted by this Ordinance, any land owner or operator
desiring a permit for a land disturbance activity shall submit to the County a
permit application on a form provided by the County for that purpose. Permit
applications shall comply with the requirements contained within the County
Stormwater Management Design Manual that is available from the Department of
Community Development 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
County Erosion and Sediment Control Ordinance [Chapter 8.1];
3. A stormwater management plan, or agreement in lieu of a stormwater
management plan, that meets the requirements of Section 23-3.5;
4. Maintenance agreement in accordance with Section 23-3.7;
5. Performance bonds in accordance with Section 23-3.8;
6. Fees in accordance with Section 23-3.9; and,
7. Executed Development Agreements.
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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.
Section 23-3.3 STORMWATER POLLUTION PREVENTION PLANS
A. The Stormwater Pollution Prevention Plan (SWPPP) required by the general
permit, shall comply with the requirements set forth in 9VAC25-870-54 and shall
also comply with the requirements and general information set forth in Section
9VAC25-880-70, Section II [stormwater pollution prevention plan] of the general
permit.
The SWPPP shall include:
1. An approved erosion and sediment control plan;
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 County review in accordance with Section II of the general permit,
either electronically or in hard copy.
Section 23-3.4 POLLUTION PREVENTION PLANS
A. A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed,
implemented, and updated as necessary and must detail the design, installation,
implementation, and maintenance of effective pollution prevention measures to
minimize the discharge of pollutants.
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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,
fertilizers, pesticides, herbicides, detergents, sanitary waste, and other
materials present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
C. The pollution prevention plan shall include effective best management practices
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.
D. The pollution prevention plan shall prohibit discharges from dewatering activities,
including discharges from dewatering of trenches and excavations, unless
managed by appropriate controls.
Section 23-3.5 STORMWATER MANAGEMENT PLANS
A. No application for land-disturbing activity will be approved unless it includes a
stormwater management plan or agreement in lieu of a stormwater management
plan, as required by this Ordinance, detailing how runoff and associated water
quality impacts resulting from the activity will be controlled or managed.
B. Submittal, review, approval, and resubmittal of stormwater management plans,
and agreements in lieu of stormwater management plans shall comply with the
requirements set forth in this Ordinance and the County Stormwater Management
Design Manual.
C. The stormwater management plan shall apply the stormwater management
technical criteria set forth in Section 23-1.6 of this Ordinance to the entire land-
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disturbing activity. Individual lots in new residential, commercial, or industrial
developments shall not be considered to be separate land-disturbing activities.
D. The stormwater management plan must consider all sources of surface runoff and
all sources of subsurface and groundwater flows converted to surface runoff.
E. 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.
F. 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.
G. 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.
H. The stormwater management plan shall include the following information:
1. Information on the type and location of stormwater discharges;
information on the features to which stormwater is being discharged
including surface waters or karst features, if present, and the pre-
development and post-development drainage areas;
2. Contact information including the name, address, and telephone number of
the owner and the tax reference number and parcel number of the property
or properties affected;
3. A narrative that includes a description of current site conditions and final
site conditions;
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;
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5. Information on the proposed stormwater management facilities, including:
(i) The type of facilities;
(ii) Location, including geographic coordinates;
(iii) Acres treated; and
(iv) Surface area, volume, depth, and width of facilities, if applicable;
(v) The surface waters or karst features, if present, into which the
facility will discharge ;and
(vi) The Hydrologic Unit Code (HUC) into which the facilities drain.
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.
I. An agreement in lieu of stormwater management plan shall conform to the
Regulations and the County Stormwater Management Design Manual.
Section 23-3.6 COMPREHENSIVE STORMWATER MANAGEMENT PLANS
AND REGIONAL STORMWATER MANAGEMENT FACILITIES
A. The County may develop comprehensive stormwater management plans in
accordance with 9VAC25-870-92 as a means to more effectively and efficiently
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address water quality objectives, quantity objectives, or both; through the
implementation of regional stormwater management facilities.
B. Once a comprehensive stormwater management plan is adopted by the County
and approved by the Director of the Virginia Department of Environmental
Quality, it is enforceable under this Ordinance.
C. Stormwater management plans for land disturbing activities located in areas that
have a comprehensive stormwater management plan, adopted by the County, and
approved by the Director of the Virginia Department of Environmental Quality,
shall comply with the requirements of the comprehensive stormwater
management plan.
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 County shall have the option to require the
payment of a fee-in-lieu of providing a portion or all of the proposed regulated
land-disturbing activities stormwater management requirements. The fee-in-lieu
shall be based on the reasonable proportion of stormwater impacts from the
proposed regulated land-disturbing activity compared to the total stormwater
impacts that the regional stormwater management facility is designed to mitigate,
multiplied by the total estimated project costs. The reasonable proportion of
project costs shall be solely determined by the County. Project costs include, but
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 County staff costs
for project development, design, construction, permitting, oversight, or other
project activities; and other direct costs. Project costs shall also include the
present value of the estimated operation and maintenance costs for the next
20years, if the County is responsible for the regional stormwater management
facility’s operation and maintenance.
E. The County and any other party(ies) may mutually agree to share the costs of a
regional stormwater management facility, in the absence of a comprehensive
stormwater management plan. The fee-in-lieu shall be based on project costs
apportioned to each party in reasonable proportion of each party’s contribution to
the total stormwater impacts that the regional stormwater management facility is
designed to mitigate, as mutually negotiated.
Section 23-3.7 STORMWATER MANAGEMENT FACILITY MAINTENANCE
AGREEMENTS
A. Maintenance of all stormwater management facilities shall be ensured through the
creation of a formal maintenance agreement that is executed by the property
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owner and submitted prior to plan approval and recorded by the County in the
County land records prior to permit termination. The maintenance agreement
shall be binding on all subsequent property owners.
B. The property owner of the site shall execute an access easement agreement, prior
to plan approval, to provide for access to stormwater management facilities at
reasonable times for periodic inspection by the County, or their contractor or
agent, to ensure that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this Ordinance. The
easement agreement shall be recorded in the County land records by the County
and it shall be binding on all subsequent property owners.
C. A stormwater management facility that serves more than one parcel shall be
located on its own, separate parcel. The land owners of each parcel served by the
stormwater management facility shall be jointly and severally responsible for the
maintenance of the stormwater management facility through a formal
maintenance agreement with the County.
D. Responsibility for the operation and maintenance of stormwater management
facilities, unless assumed by a governmental agency, shall remain with the
property owner and shall pass to any successor or owner. If portions of the land
are to be sold, legally binding arrangements, acceptable to the County, shall be
made to pass the responsibility to successors in title. These arrangements shall
designate for each land owner, governmental agency, or other legally established
entity to be permanently responsible for maintenance.
E. As part of the maintenance agreement, a schedule shall be developed identifying
anticipated routine maintenance, to be performed by the property owner, needed
for proper function of the stormwater management facility. The maintenance
agreement shall also include a schedule for periodic inspections, to be performed
by the property owner, to ensure proper performance of the facility between
scheduled routine maintenance activities, and it shall require repairs when needed
for proper function of the SWMF. The maintenance agreement shall require that
the property owner document routine maintenance, repair, and periodic inspection
activities, maintain said documentation for five (5)years, and submit said
documentation to the County, if requested.
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 County
reserves the authority to perform the necessary maintenance or repair work and to
recover the costs from the property owner. Nothing in this Ordinance shall be
construed to mean that the County has the responsibility to maintain privately-
owned SWMFs.
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G. Prior to the release of the performance security or bond, the developer shall either
(1) transfer the maintenance responsibilities of the stormwater management
facilities to a Home Owners Association or (2) provide the County with a
maintenance security.
1. Requirements for Transfer of Maintenance Responsibilities to the Home
Owners Association (HOA)
i. Submission of acceptable record drawings.
ii. Acceptable final inspection of the stormwater management facility
by the County.
iii. Transfer of the necessary property to the HOA.
iv. Organize and hold a meeting attended by the developer, the
County and members of the HOA. Provide evidence to the County
that each member of the HOA was provided prior notice of the
meeting. The meeting shall be held at a place and time convenient
for members of the HOA.
v. Provide a copy of the recorded documents establishing the Home
Owners Association to the County.
vi. Provide the County with evidence that the Home Owners
Association is funded. Minimum funding shall be based on the
following schedule:
1-20 lots = $1,000
21-50 lots = $1,500
51 and over = $1500 + $30 per lot over 50
2. Requirements for Posting Maintenance Security.
i. The County shall require a maintenance guaranty in the amount of
twenty (20%) percent of the construction costs of the stormwater
management facility.
ii. The maintenance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain appropriate actions which may
be required of the permittee in accordance with the approved
stormwater management plan.
iii. If the County takes such action upon such failure by the permittee,
the County may collect from the permittee the difference should
the amount of the reasonable cost of such action exceed the
amount of the security held.
iv. The maintenance agreement and security will be the responsibility
of the permittee or owner until such time as the permittee or owner
provides the County with the necessary requirements for Transfer
of Maintenance Responsibilities to the Home Owners Association
as outlined above in (1).
Section 23-3.8 PERFORMANCE SECURITIES
Page 25 of 38
A. The County may, at its discretion, require the submittal of a performance security
or bond with surety, cash escrow, letter of credit, or other acceptable legal
arrangement, all of which shall be in a form approved by the County, prior to plan
approval, in order to ensure that the stormwater practices are installed by the
permittee, as required by the approved stormwater management plan.
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.
D. If the County takes such action upon such failure by the permittee, the County
may collect from the permittee the difference should the amount of the reasonable
cost of such action exceed the amount of the security held.
E. Within 60 days of the completion of the requirements of the permit conditions,
including request for permit termination by the operator, such bond, cash escrow,
letter of credit, or other legal arrangement, or the unexpended or unobligated
portion thereof, will be refunded to the permittee or terminated.
Section 23-3.9 FEES
A. Fees to cover costs associated with implementation of a VSMP related to land
disturbing activities and issuance of general permit coverage and VSMP authority
permits shall be imposed in accordance with the appropriate fee schedule
established by the County Board of Supervisors, as amended. VSMP costs
include County costs associated with stormwater management plan review,
VSMP registration statement review, permit issuance, state-coverage verification,
inspections, reporting, and compliance activities associated with land-disturbing
activities, as well as state program oversight costs.
B. Fees for providing coverage under the General Permit for Discharges of
Stormwater from Construction Activities shall be imposed in accordance with the
appropriate fee schedule established by the County Board of Supervisors, as
amended. Fifty percent (50%) of the total fee shall be paid by the applicant at the
Page 26 of 38
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 by the County Board of Supervisors, as amended.
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 by the County Board of Supervisors, as amended. If the
permit modifications result in changes to stormwater management plans that
require additional review by the County, such reviews shall be subject to the fee
schedule established by the County Board of Supervisors, as amended. The fee
assessed shall be based on the total disturbed acreage of the site. In addition to
the general permit modification fee, modifications resulting in an increase in total
disturbed acreage shall pay the difference in the initial permit fee paid and the
permit fee that would have applied for the total disturbed acreage in accordance
with the fee schedule established by the County Board of Supervisors, as
amended.
E. General permit maintenance fees: Annual permit maintenance fees required by
9VAC25-870-830 shall be imposed in accordance with the fee schedule
established by the County Board of Supervisors, as amended, 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.
E. 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.
F. 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
Page 27 of 38
statement identified by the Administrator or errors related to the acreage
of the site.
G. 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 County shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount.
H. In addition to the fees contained on the fee schedule established by the County
Board of Supervisors, as amended, the County may collect convenience fees
associated with processing credit card payments.
Section 23-3.10 PERMIT APPLICATION PROCEDURE
A. Permit applications and the stormwater management plan, or agreement in lieu of
a stormwater management plan, shall include all of the information required by
this Ordinance and the County Stormwater Management Design Manual.
B. No VSMP authority permit shall be issued until the maintenance agreement
required in section 23-3.7 is approved, performance securities required in section
23-3.8 have been submitted and accepted, and fees required to be paid, pursuant
to section 23-3.9, are received.
C. All applications will be processed in accordance with procedures set forth below
and in the County Stormwater Management Design Manual.
1. The Administrator shall determine the completeness of a plan in accordance
with section 23-3.2 of this Ordinance and shall notify the applicant, in writing,
of such determination, within 15 calendar days of receipt. If the plan is
deemed to be incomplete, the above written notification will contain the
reasons the plan is deemed incomplete.
2. The Administrator shall have an additional 60 calendar days from the date of
the communication of completeness to review the plan, except that if a
determination of completeness is not made within the time prescribed above,
then plan shall be deemed complete and the Administrator shall have 60
calendar days from the date of submission to review the plan.
3. The Administrator shall review any plan that has been previously
disapproved, within 45 calendar days of the date of resubmission.
Page 28 of 38
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.
SECTION 23-4
EXCEPTIONS TO STORMWATER MANAGEMENT REQUIREMENTS
A. The Administrator may grant exceptions to the technical requirements of Part II B
or Part II C of the Regulations, provided that (i) the exception is the minimum
necessary to afford relief, (ii) reasonable and appropriate conditions are imposed
so that the intent of the Act and this Ordinance are preserved, (iii) granting the
exception will not confer any special privileges that are denied in other similar
circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created. Economic hardship alone is
not sufficient reason to grant an exception from the requirements of this
Ordinance.
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.
Page 29 of 38
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.
SECTION 23-5
PROPERTY OWNER RESPONSIBILITIES FOR DRAINAGE WAYS
A. Drainage ways consist of natural watercourses, storm sewers, gutters, manmade
channels, and other natural or manmade drainage paths.
B. Every person owning property through which a drainage way passes, or such
person’s lessee, shall keep and maintain that part of the drainage way within the
property free of trash, debris, yard wastes, and other obstacles that could pollute,
contaminate, or significantly retard the flow of water.
C. No person shall sweep, wash, or otherwise place dirt, trash, debris, yard wastes, or
other materials in drainage ways where they could be picked up and carried off
the person’s property by stormwater runoff.
D. The property owner or such person’s lessee shall maintain healthy vegetation to
protect the drainage way from excessive erosion during storm events. Particular
care shall be taken to maintain healthy bank vegetation along watercourses.
SECTION 23-6
CONSTRUCTION INSPECTION
Section 23-6.1 NOTICE OF CONSTRUCTION COMMENCEMENT
The permittee shall notify the County in advance before the commencement of land
disturbing activities. In addition, the permittee shall notify the County in advance of
construction of critical components of a stormwater management facility.
Page 30 of 38
Section 23-6.2 PERIODIC CONSTRUCTION INSPECTION
A. The Administrator shall periodically inspect the land-disturbing activity during
construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan, or executed
agreement in lieu of a stormwater management plan;
3. Development, updating, implementation with the pollution prevention
plan;
4. Development and implementation of any additional control measures
necessary to address a TMDL.
B. If the County inspections find any violations, the permittee shall be notified in
writing of the nature of the violation and the required corrective actions. No
additional construction or land-disturbing activity in the area of the violation shall
proceed until any violations are corrected and all work previously completed has
received approval from the 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 23-3.5. All permittee
inspections shall be documented and written reports prepared that contain the
following information:
1. The date and location of the permittee inspection;
2. Whether construction is in compliance with the approved stormwater
management plan;
2. Variations from the approved construction specifications;
3. Corrective actions that have been taken to correct previous violations;
4. Any violations that exist; and.
5. The name and signature of the person who performed the inspection.
Page 31 of 38
Permittee inspection documentation shall be organized chronologically and be
stored with the SWPPP.
D. If the County determines that there is a failure to comply with the plan, notice
shall be served upon the permittee or person responsible for carrying out the plan
in accordance with Section 23-9 of this Ordinance.
Section 23-6.3 FINAL INSPECTION AND RECORD DOCUMENTATION
A. The permittee shall submit record drawings and supporting documentation for all
stormwater management facility and storm drainage system associated with the
project before final County inspection. Record drawings and supporting
documents shall comply with the requirements contained in the County
Stormwater Management Design Manual.
B. Receipt of record drawings and supporting documentation, final inspection and
approval by the 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 County to demonstrate that
the constructed system will function equivalent to the approved Stormwater
Management Plan, and that all regulatory requirements are met.
SECTION 23-7
POST CONSTRUCTION INSPECTION, MAINTENANCE AND REPAIR OF
STORMWATER MANAGEMENT FACILITES
Section 23-7.1 MAINTENANCE INSPECTIONS OF STORMWATER
MANAGEMENT FACILITIES
A. Following the completion and acceptance of construction, the property owner is
responsible for the maintenance and repair of stormwater structures and
stormwater management facilities. The property owner shall ensure that proper
maintenance and repair of stormwater structures and stormwater management
facilities occur and that periodic inspection, maintenance, and repair are
performed so that the structures and facilities operate properly. All inspection,
maintenance, and repair activities, performed by the property owner shall be
documented. Documentation shall be submitted to the County, if requested.
Page 32 of 38
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 County will
periodically inspect stormwater management facilities. In the event that the
stormwater management facility has not been maintained and/or becomes a
danger to public safety, public health, or the environment, the County shall notify
Page 33 of 38
the property owner by registered or certified mail. The notice shall specify the
measures needed to comply and shall specify the time within which such
measures shall be completed. If the responsible party fails or refuses to correct the
violation, the County, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary work to place
the facility in proper working condition, and recover the costs from the property
owner.
E. If stormwater management facility inspection requires entry into a confined space,
or special equipment or training, then the County may hire licensed professionals
to perform the inspection, or it may require the property owner to hire a licensed
professional to perform the inspection. The cost for any licensed professionals to
perform the required inspection shall be paid by or recovered from the owner.
F. The County will conduct post-construction inspections of stormwater
management facilities pursuant to the County’s developed, and State Board’s
approved inspection program and will inspect each stormwater management
facility at least once every five (5) years.
Section 23-7.2 RECORDS OF INSPECTION, MAINTENANCE AND REPAIR
A. Property owners responsible for the operation and maintenance of stormwater
management facilities shall make records of all inspections, maintenance, and
repairs, and shall retain the records for at least five (5) years.
B. Upon request from the County, property owners shall provide copies of records
documenting property owner inspections, maintenance, and repairs.
SECTION 23-8
HEARINGS AND APPEALS
Section 23-8.1 HEARINGS
A. Any permit applicant or permittee, or person subject to the requirements of this
Ordinance, who is aggrieved by any action, of the County in approving or
disapproving any plans required by this Ordinance, or by any enforcement action
taken pursuant to Sec. 23-9, shall have the right to request, in writing, a hearing to
the County Administrator or his/her designee provided a petition requesting such
hearing is filed with the Administrator within 30 days after notice of such action
is given by the Administrator.
Page 34 of 38
B. The hearing shall be held provided that the County Administrator 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 Board of Supervisors. Depositions may be taken and read as in actions at
law.
D. The County Administrator, shall have power to issue subpoenas and subpoenas
duces tecum, and at the request of any party shall issue such subpoenas. The
failure of any witness without legal excuse to appear or to testify or to produce
documents shall be acted upon by the County Administrator whose actions may
include the procurement of an order of enforcement from the circuit court.
Witnesses who are subpoenaed shall receive the same fees and reimbursement for
mileage as in civil actions.
E. During its review, the County Administrator shall consider evidence presented by
all parties. After considering the evidence, the County Administrator’s decision
shall be final.
Section 23-8.2 APPEALS
Final decisions of the County Administrator, under this Ordinance, shall be subject to
judicial review by the Roanoke County Circuit Court, provided an appeal is filed within
thirty (30) days from the date of any written decision adversely affecting the rights,
duties, or privileges of any permit applicant, permittee, or person subject to any
enforcement action under this Ordinance.
SECTION 23-9
ENFORCEMENT AND PENALTIES
Section 23-9.1 VIOLATIONS
Any land-disturbance activity that is commenced or is conducted contrary to this
Ordinance or the approved plans or agreements and permit, may be subject to the
enforcement actions outlined in this section and the Virginia Stormwater Management
Act.
Section 23-9.2 NOTICE 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
Page 35 of 38
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;
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.
Section 23-9.3 STOP WORK ORDERS
A. If a permittee fails to comply with a notice issued in accordance with Section 23-
9.2 within the time specified, the Administrator may issue an order requiring the
owner, permittee, person responsible for carrying out an approved plan, or the
person conducting the land-disturbing activities without an approved plan or
required permit to cease all construction land-disturbing activities until the
violation of the permit has ceased, or an approved plan and required permits are
obtained, and specified corrective measures have been completed.
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
Page 36 of 38
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.
Section 23-9.4 CIVIL AND CRIMINAL PENALTIES
A. Any person violating or failing, neglecting, or refusing to obey any rule,
regulation, ordinance, order, approved standard or specification, or any permit
condition issued by the Administrator may be compelled in a proceeding
instituted in the Roanoke County Circuit Court to obey same and to comply
therewith by injunction, mandamus, or other appropriate remedy.
B. Any person who violates any provision of this Ordinance or who fails, neglects,
or refuses to comply with any order of the Administrator, shall be subject to a
civil penalty not to exceed $32,500 for each violation within the discretion of the
court. Each day of violation of each requirement shall constitute a separate
offense.
C. Violations for which a penalty may be imposed under this Subsection include, but
are not limited to the following:
1. No state permit registration;
2. No SWPPP;
3. Incomplete SWPPP;
4. SWPPP not available for review;
5. No approved erosion and sediment control plan;
6. Failure to install stormwater BMPs or erosion and sediment controls;
7. Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
Page 37 of 38
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
County shall be paid into the County treasury to be used for the purpose of
minimizing, preventing, managing, or mitigating pollution of the waters of the
County and abating environmental pollution therein in such manner as the court
may, by order, direct.
G. With the consent of any person who has violated or failed, neglected or refused to
obey this Ordinance or any condition of a permit, the County may provide, in an
order issued by the County 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.
Section 23-9.5 RESTORATION OF LANDS
A. Any violator may be required to restore land to its undisturbed condition or in
accordance with a notice of violation, stop work order, or permit requirements.
B. In the event that restoration is not undertaken within a reasonable time after
notice, the County may take necessary corrective action, the cost of which shall
be covered by the performance security, or become a lien upon the property until
paid, or both.
Page 38 of 38
Section 23-9.6 HOLDS ON CERTIFICATE OF OCCUPANCY
Final certificates of occupancy will 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 County.
~END~
Effective July 1, 2014 Page 1 of 3
Town of Vinton Planning and Zoning Department
Virginia Stormwater Management Program (VSMP) Schedule of Fees
NOTE: As of August 2013, the Vinton Town Council and Roanoke County Board of Supervisors entered
into two Memoranda of Understanding (MOU) for the County of Roanoke personnel to provide
stormwater management plan review services, as well as stormwater facilities inspections services to
the Town of Vinton.
Fee Table 1 – Coverage under the General Permit for Discharges of Stormwater from
Construction Activities
1. 50% of total fee is due with original submittal. Remaining fee is due prior to issuance of coverage
under the General Permit for Discharges of Stormwater from Construction Activities.
2. When a site or sites are purchased for development within a previously permitted common plan of
development or sale, the applicant shall be subject to fees ("total fee to be paid by applicant" column)
in accordance with the disturbed acreage of their site or sites.
3. Applicant pays total fee to Town of Vinton. The Town will transfer the State portion of fee to
State.
4. A single-family detached residential structure, within or outside of a common plan of development
or sale, is not required to pay the state portion of the total fee.
Total
fee
Town
portion
of Fee”
(72%)
State
portion
of Fee”
(28%)
A. General / Stormwater Management - Small Construction
Activity/Land Clearing (Single-family detached residential
structure, sites or areas within common plans of
development or sale with land-disturbance acreage less than
one acre)
$209 $209 $0
B. General / Stormwater Management - Small Construction
Activity/Land Clearing (Areas within common plans of
development or sale with land-disturbance acreage less than
one acre)
$290
$209 $81
C. General/Stormwater Management – Small Construction
Activity/Land Clearing (Single-family detached residential
structure, sites or areas within or outside a common plan of
development or sale that is equal to or greater than 1 acre
but less than 5 acres)
$209 $209 $0
D. General / Stormwater Management - Small Construction
Activity/Land Clearing (Sites, or areas within common
plans of development or sale, with land-disturbance acreage
equal to or greater than one acre and less than five acres)
$2,700 $1,944 $756
Effective July 1, 2014 Page 2 of 3
E. General / Stormwater Management - Large Construction
Activity/Land Clearing (Sites, or areas within common
plans of development or sale, with land-disturbance acreage
equal to or greater than five acres and less than 10 acres)
$3,400 $2,448 $952
F. General / Stormwater Management - Large Construction
Activity/Land Clearing (Sites, or areas within common
plans of development or sale, with land-disturbance acreage
equal to or greater than 10 acres and less than 50 acres)
$4,500 $3,240 $1,260
G. General / Stormwater Management - Large Construction
Activity/Land Clearing (Sites, or areas within common plans
of development or sale, with land-disturbance acreage equal
to or greater than 50 acres and less than 100 acres)
$6,100 $4,392 $1,708
.H. General / Stormwater Management - Large Construction
Activity/Land Clearing (Sites, or areas within common
plans of development or sale, with land-disturbance acreage
equal to or greater than 100 acres)
$9,600 $6,912 $2,688
Fee Table 2 – Modification or Transfer of Registration Statements for the General Permit for
Discharges of Stormwater from Construction Activities (VSMP)
1. Applies to modification or transfer of registration statements.
2. If changes result in changes to stormwater management plans that require additional review by the
Town of Vinton/County of Roanoke, reviews shall be subject to the fees set out in this section. The
fee shall be based on the total disturbed acreage of the site. In addition to the modification fee,
modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial
state permit fee paid and the permit fee that would have applied for the total disturbed acreage, on Fee
Table 2.
A. General / Stormwater Management – Small Construction Activity/Land Clearing
(Areas within common plans of development or sale with land disturbance acreage
less than one acre)
$20
B. General / Stormwater Management – Small Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than one and less than five acres)
$200
C. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than five acres and less than 10 acres)
$250
D. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than 10 acres and less than 50 acres)
$300
Effective July 1, 2014 Page 3 of 3
E. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than 50 acres and less than 100 acres)
$450
F. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than 100 acres)
$700
Fee Table 3 – Annual Maintenance Fees for Coverage under the General Permit for Discharges
of Stormwater from Construction Activities (VSMP)
1. The following annual permit maintenance fees apply to each permit identified below. These fees
shall apply until the permit coverage is terminated.
2. Annual maintenance fees are due to the Town of Vinton by April 1st of each calendar year, for
permits issued in a previous calendar year, to maintain coverage under the General Permit for
Discharges of Stormwater from Construction Activities.
3. Permit coverage will lapse if the annual maintenance fee is not paid by the time stated in note 2.
A. General / Stormwater Management – Small Construction Activity/Land Clearing
(Areas within common plans of development or sale with land-disturbance
acreage less than one acre)
$50
B. General / Stormwater Management – Small Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance equal to or greater than one acre and less than five acres)
$400
C. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than five acres and less than 10 acres)
$500
D. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than 10 acres and less than 50 acres)
$650
E. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater than 50 acres and less than 100 acres)
$900
F. General / Stormwater Management – Large Construction Activity/Land Clearing
(Sites, or areas within common plans of development or sale, with land-
disturbance acreage equal to or greater 100 acres)
$1,400
Meeting Date
April 1, 2014
Department
Town Clerk
Issues
Consider approval of minutes for regular Council meeting on March 18, 2014.
Summary
None
Attachments
March 18, 2014 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
1
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 5:45 P.M.
ON TUESDAY, MARCH 18, 2014, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Theresa Fontana, Town Attorney
Susan N. Johnson, Town Clerk
Ryan Spitzer, Assistant to the Town Manager
Barry Thompson, Finance Director/Treasurer
Karla Turman, Associate Planner/Code Enforcement Officer
Joey Hiner, Assistant Public Works Director
Anita McMillan, Planning & Zoning Director
Ben Cook, Police Chief
The Mayor called the work session to order at 5:45 p.m.
to hear request for funding presentations by some of our
community agencies. Christine Drake with the American Red
Cross-Roanoke Valley Chapter, began by commenting that
the Red Cross has submitted a request to help victims of
local house fires. The majority of the 70,000 disasters that
the Red Cross responds to each year are local house fires
and floods. In FY 2013, the Red Cross responded to five
incidents in Vinton, four single-family fires and one single-
family flood. These incidents affected 17 people and they
received immediate disaster relief. Also, all residents of
Vinton who wished were afforded shelter and food following
the Dericho. Ms. Drake then introduced Chris Bruner, the
Disaster Services Program Manager, who made brief
comments on what the Red Cross does on a day to day
basis.
Doug Forbes commented next as Treasurer of the Vinton
Historical Society. The Society operates the Vinton Museum,
which is the only historical museum in the County. He
expressed thanks for the operating fund grant and the use
and support of the Upson House where the Museum is
housed. There are approximately 3,000 artifacts currently at
the Museum and we are collecting more. We have outgrown
the present facility and need to expand; however, we would
like to stay in our present location because of its proximity to
the new library branch being built downtown. A 25th
anniversary celebration of the Museum is planned for April
12th and everyone is invited to attend. Mr. Forbes also
recognized the members of the Historical Society who were
present--Barbara and John Hargis, Mattie Forbes, Mayor
Grose and Doug Adams.
2
Liz Lively, current President of the Vinton Area Chamber of
Commerce, commented that she is excited about the
upcoming projects and the coming together with some of the
local business owners to look at how we can better help and
serve them. The Chamber is looking to grow the partnership
with the Town, to grow the strength of the businesses already
here and to help bring in new businesses. The focus is on
what we have and how we can grow and make it better.
Over the next 24 months the Chamber intends to partner with
the Town in several areas, one being advertising to help with
economic development.
Vice Mayor Nance asked Ms. Lively how specific she could
be about the proposed usage of their requested funding
increase. Ms. Lively responded that the Chamber wants to
allocate $5,000 to partner with the Town to host joint town
membership meetings at venues in Vinton for free of charge.
We want to bring in some high caliber speakers that can help
some of the local businesses. Also, over the past couple of
years we have not been able to use any of that money for
economic development, economic growth or to put new
programs into place. Mr. Nance then commented about the
banners needed for the new streetlights and he recalled the
Chamber helping with those banners. Ms. Lively responded
the Chamber has provided the funds for the banners every
year in the past and the costs would be coming out of this
year’s bottom line. Mr. Nance then asked if the Chamber
would be tying in the new branding campaign with that and
the response was yes. Over the past two weeks, the
Chamber has changed everything we use such as logos,
signatures and everything in social media to include the “In
Vinton”.
The Mayor commented that he, the Town Manager, Angie
Lewis and Ms. Lively meet about once a month. Their recent
discussions have been along the lines of formulating some
type of group that can call on businesses. The Town
Manager commented that with the request for extra money,
an agreement is being drafted, that will spell out how these
funds will be used.
Kelly Cass, on behalf of the Mountain View Humane
Spay/Neuter, presented a handout to Council. She began
by commenting that each year we ask the local governments
of the areas that we serve to fund spay/neuter assistance for
their residents. Last year the Town gave a $500 grant and
we have served 96 animals from Vinton and only 19 of those
animals used the funding provided by the Town. Other
resources of funding were found for 33 of the animals and 44
required no subsidy. We are requesting the same $500
amount again this year. After other comments, Ms. Cass
read a letter from a Vinton resident who did receive
assistance for a kitten. The Town Manager commented
3
about how Mountain View did not request their funds up front,
but waited until they had used the $500 as a subsidy for
Vinton residents. He also commented that the Pound is
going to start a coupon program that individuals can use at
Mountain View or other local veterinarian offices for spay and
neuter services.
The last presentation was by Lisa Kornegay on behalf of the
William Byrd High School After Prom Committee. She
announced that the After Prom is this weekend and is a safe
alternative for the kids from midnight to 3:30 a.m. William
Byrd is the only school in Roanoke County that offers the
event for free. The After Prom is run 100% on donations and
fundraisers and the budget this year is $10,000. The
Committee appreciates the donation from the Town last year
and we want to keep it free as long as possible. Ms.
Kornegay further commented that last year the Committee
put out a request to all of the parents in Vinton for gift cards
for prizes and through their contacts collected 150 gift cards.
The retention rate (number of kids that stay for the entire
event) was the highest last year at 87%. There are
incentives to stay such as a t-shirt and chances at some
great prizes.
The Mayor expressed thanks to all the agencies that made a
presentation this evening and all of their requests will be
considered as part of the budget process.
The Work Session ended at 6:20 p.m. and Council took a
recess.
The Mayor called the regular meeting to order at 7:00
p.m. The Town Clerk called the roll with Council Member
Adams, Council Member Altice, Council Member Hare, Vice
Mayor Nance, and Mayor Grose present. After a Moment of
Silence, Mr. Hare led the Pledge of Allegiance to the U.S.
Flag.
Under upcoming community events/announcements,
Doug Adams announced that the second meeting on the
small pocket park will be on March 27th. The Town Manager
announced that a ground breaking for all of the downtown
projects will be on April 3rd at 10 a.m. on the site of the new
library. Invitations will be going out today. Ryan Spitzer
announced the Senior Expo on March 25th at the War
Memorial. The Mayor reminded everyone of the Dogwood
Festival to be held April 23-27.
Roll Call
Mr. Adams made a motion that the consent agenda be
approved as presented; the motion was seconded by Vice
Mayor Nance and carried by the following vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare,
Nance, Grose; Nays (0) – None.
Approved minutes of the
regular Council meeting of
March 4, 2014
4
Vice Mayor Nance read a letter from Chief Cook naming
Detective Sergeant James Testerman and Detective Brandon
Hill as Officers for the Month for February 2014.
The next item on the agenda was a Public Hearing to
receive comments regarding setting of the real estate,
personal property and machinery and tools tax rates for
calendar year 2014. Barry Thompson, Finance Director/
Treasurer, gave brief comments and reviewed the
assessment rates as advertised for the Public Hearing. The
rate was a 0.25% decrease for a total amount of $349.
After the staff report, the Mayor opened the Public Hearing at
7:11 p.m. Hearing no comments, the Public Hearing was
closed at 7:12 p.m.
Mr. Hare commented there is no proposal to change the tax
rate and Mr. Thompson responded that the proposed rate for
2014 is $0.03, the same as it was for 2013. Mr. Hare asked
when would the bills go out and the response was the first
week of April. Mr. Hare then asked if in theory they could
have one more Council meeting to act on this and Mr.
Thompson said it would push the schedule because Roanoke
IT is looking at the last week in March to make all of the
changes for the billing.
Mr. Hare further commented that these questions were
prompted by the struggle with what to do on the challenge we
have on the Fire/EMS side. There is not an unlimited pool of
money in the budget and public safety is the No. 1 priority.
With the potential to have to add staffing, we know it is going
to cost us $70-80,000 in personnel costs along with a
potential loss of $30,000 in ambulance recovery fees. Mr.
Hare stated that he is not a proponent of tax increases, but
he would not want a couple of cents difference to come
between his family’s safety and not having it.
After additional comments from Mr. Hare and the Mayor, Mr.
Altice said it is rather unusual how it is set up, you set the tax
rate and then you prepare the budget. Mr. Thompson then
commented that if we wanted to increase the tax rate, we
would have to advertise again for two times, which would put
us into April. The Town Manager asked Mr. Thompson what
a penny increase would be and he responded about $46,000.
The Mayor asked Mr. Thompson what would happen to this
schedule if this was delayed for one meeting and he
responded that it would be doable. However, if we are
looking at increasing the tax rate, we would have to advertise
twice for a Public Hearing and April 15th would be too late.
Public hearing opened and
closed, no comments
5
Vice Mayor Nance asked what had been requested of the
department heads as far as budget goals. The Town
Manager responded that he has asked for two proposals, one
was level budget and with that there is still a $200,000 gap
right now. We also asked for a 5% cut to each budget and
we are working through those numbers.
Mr. Adams stated that next year he would like to be able to
discuss this at an earlier time where Council is not locked into
a time period. The Town Manager commented that usually
we do a revenue presentation, ask for approval to advertise a
certain rate and then we have the Public Hearing in March.
We can move that whole schedule back to February if
Council desires.
Mr. Altice made a motion to adopt the Ordinance setting
the real estate tax rate for calendar year 2014 as presented;
the motion was seconded by Vice Mayor Nance. After
additional comments by Council, the motion was carried by
the following roll call vote, with all members voting: Vote 5-0;
Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0).
After comments by Mr. Thompson, Mr. Hare made a
motion to adopt the Ordinance setting the personal property
and machinery and tools tax rate for calendar year 2014 as
presented; the motion was seconded by Mr. Altice, and
carried by the following roll call vote, with all members voting:
Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose;
Nays (0).
Adopted Ordinance No. 946
setting the real estate tax rate
for calendar year 2014
Adopted Ordinance No. 947
setting the personal property
and machinery and tools tax
rate for calendar year 2014
The next item for consideration was a Resolution to set
the allocation percentage for the Personal Property Tax
Relief for the 2014 tax year. Mr. Thompson made brief
comments and stated that for 2014, the rate for the Town is
63.41%. Vice Mayor Nance made a motion to adopt the
Resolution as presented; the motion was seconded by Mr.
Adams and carried by the following roll call vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare,
Nance, Grose; Nays (0).
Adopted Resolution No. 2056
setting the allocation
percentage for the Personal
Property Tax Relief for the
2014 tax year
The next item was to consider adoption of an Ordinance
decreasing an excise tax on the sale of cigarettes from $0.35
to $0.25 on each package containing 25 or fewer cigarettes.
The Town Manager commented that last year when he
proposed increasing the tax $0.15 his primary focus was on
the continued financial need primarily in capital. The
increase was approved and we estimated it would bring in
about $460,000 which is an additional $160,000 over our
previous year’s budget. If we look at what we approved in
the budget, revenue to date and our new projection, we are
expected to be down around $130,000 by June 30th of this
year. Based on information from the wholesalers and the
6
retailers, sales are down; however, if this decrease is
approved, that will put us at about $165,000 under budgeted.
The Town Manager next commented that we are obligated to
only spend what is approved and only if the revenue is there
to cover those expenditures. We began looking at the budget
in January to see where we could trim and the first items to
consider were capital improvements. We were able to save
$90,000 and are now looking at trimming in other areas.
The Mayor commented that this is not an encouragement for
people to smoke more. Vice Mayor Nance commented that
when the tax increase does not help the Town, does not
increase the revenues and hurts our businesses, it makes for
a pretty easy decision. Council received two emails from
citizens who discouraged them from decreasing taxes on
cigarettes because they felt it was encouraging people to
smoke and may send a wrong message. Mr. Nance further
stated that the taxes in the Town are to fund the working of
this government and to fund the infrastructure, public safety,
public works and the services we provide to our citizens and
stakeholders and nothing else. He is in support of the
decrease.
Mr. Hare commended Council and staff for taking a look at
this issue and recognizing the need to change direction. The
funds received over the last several years from this tax have
funded some important infrastructure and personnel needs
for our community. By responding to the needs of our
community that this is not what we want and is not what we
are going to support, that sends a strong and valuable
message that the Town is still open for business and wants
people to come and purchase items in Vinton. The Mayor
added that the tax did not work and we are willing to admit
that and make the appropriate changes. Mr. Adams
commented that we listened to our citizens, researched the
issue, realized it was not the right thing and are willing to
correct it.
Mr. Hare made a motion to adopt the Ordinance as
presented; the motion was seconded by Vice Mayor, and
carried by the following roll call vote, with all members voting:
Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose;
Nays (0). The Town Manager commented that this decrease
will go into effect tomorrow.
Adopted Ordinance No. 948
decreasing an excise tax on
the sale of cigarettes from
$0.35 to $0.25 on each
package containing 25 or
fewer cigarettes
The next item was to consider adoption of a Resolution
approving the final Revolving Loan Program Plan and
Guidelines Manual and its supporting documents to
administer the Revolving Loan Program as part of the CDBG
Program. Ryan Spitzer reviewed the change on Page 4 of
the Program Plan and Guidelines Manual to add that the
Loan Review Committee can determine if a loan can be
7
subordinate or not based on the amount or specifics for the
loan. There were also changes on Page 2 of the Loan
Agreement under Section 2 and there will be a requirement
for other loan closing documents to be completed along with
this Agreement.
In response to a question about participation, Mr. Spitzer
commented that four different businesses have inquired
about the loan program. Mr. Hare commented that if the
decision to allow subordination will happen at the time the
Committee reviews the application, what would happen if
someone comes back later and asks to subordinate. Mr.
Spitzer responded they would have to go back to the
Committee as a matter of procedure.
After further discussion about subordination, the Town
Attorney commented that because the Town loan is first, it
cannot be subordinated without the Town’s permission. The
Agreement is to memorialize that they have gone through the
process and we have agreed to loan them a certain amount
of money. The loan is subject to the applicant signing all of
the closing documents and prior to that, the Committee will
identify what collateral is going to be used, who needs to be a
party to the closing documents and the appropriate
documents will be recorded.
Mr. Hare made a motion that the Resolution be approved as
presented; the motion was seconded by Mr. Adams and
carried by the following roll call vote, with all members voting:
Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose;
Nays (0) – None.
Adopted Resolution No. 2057
approving the final Revolving
Loan Program Plan and
Guidelines Manual and its
supporting documents to
administer the Revolving Loan
Program as part of the CDBG
Program
Under briefing, the item related to required amendments
to Division 4, Accessory Buildings and Temporary Buildings,
Sections 5-15 through 5-17.2, of Article V, Supplementary
Regulations, of Appendix B, Zoning, of the Town Code.
Karla Turman began by commenting that in the past Council
had approved temporary health care structures that were
mandated by the State. These are structures that localities
have to allow on properties if they meet certain requirements
in a residential district. During the 2013 legislative session,
the General Assembly amended the ordinance to add some
definitions to clarify “activities of daily living”, “assistance”,
and also if the couple is married, one of them can live there
as long as one of them is assisting the one who needs the
help. This new legislation also requires that once the
structure is no longer needed, it can remain on the property
for 60 days instead of 30.
The Town Manager asked if we currently have any of these
structures in Town and Ms. Turman responded no. She
stated that it would be difficult for anyone to have one
because of the setback regulations and there are not that
8
many properties that would accommodate one of these
structures.
Mr. Hare asked about Section 5-17.2 (b)(5) that refers to a
married couple and how would that stand up now that our
Constitution has been amended and how does it define a
married person. Ms. Turman responded that she does not
know and the Town Attorney responded in the same way.
Ms. Turman further commented that possibly that issue
would be challenged in the future and that there are also
couples who are not legally married that would not fall under
this. The Planning Commission Public Hearing is scheduled
for March 25th and the Council’s Public Hearing is scheduled
for April 15th.
The Town Manager commented that the delivery of the
proposed budget will be delayed two weeks. After we
adjourn our meeting, he would like to check everyone’s
calendar to schedule the department presentations. He
would also propose to use the fifth Tuesday in April as a
budget work session as well. That will leave the May 5th
meeting for additional budget discussion and then the Public
Hearing can be scheduled for May 20th and the adoption of
the budget set for the first meeting in June. However, the
adoption could be done at the second meeting in June. The
Town Manager further commented that VRS and our health
Insurance are going up and revenues are going down in a
couple of areas.
The Mayor expressed thanks again for those who helped
during the recent weather events. He also expressed thanks
to staff for their monthly reports which are very informative
and detailed.
Comments from Council: Mr. Hare asked about getting
information out about the cigarette tax decrease and Mr.
Thompson responded that a mailing has been prepared to
send out tomorrow.
Anita McMillan announced that April 5th is Clean Valley Day
for the Roanoke Valley and that April 17th will be the Town’s
Arbor Day Celebration at the Craig Center at 4:00 p.m.
Mr. Hare asked Ms. McMillan about the status of the boat
ramp. She responded that we applied for a grant through the
Roanoke Valley Foundation, but did not receive it. There is
a budget for it of $3,500-7,000 to improve a section of the
parking area and to put proper signage as required by our
insurance. We are talking about $3,500-7,000. There is an
area where we need to stabilize a section to prevent any
future erosion, but at least $2,100 we can probably get in
donations or possibly get it done as a boy scout project. Mr.
Hare then asked if there would be any way-finding signs and
9
the response was just the sign to meet the insurance
requirements. Mr. Hare then commented that he wants to
make sure we are a part of the overall effort in the Valley to
promote outdoor recreation. Ms. McMillan responded that
she is on the Blue Way Committee and there will be a press
release and a map showing the boat access coming from
Tinker and 22 other access points to the Roanoke River.
She is also on the aesthetic committee working on signage to
let people know where the Greenways are and the trails, but
also for safety management for individuals in case they get
hurt on a trail, they will be able to identify exactly where they
are by markers or signage.
Mr. Adams made a motion to adjourn the meeting; the
motion was seconded by Mr. Hare and carried by the
following vote, with all members voting: Vote 5-0; Yeas (5) –
Adams, Altice, Hare, Nance, Grose; Nays (0) – None. The
meeting was adjourned at 8:15 p.m.
Meeting adjourned
The Work Session was continued to hear funding
presentations by the Vinton Volunteer First Aid Crew and the
Vinton Volunteer Fire Department.
Tom Philpott, Chief of the Vinton Volunteer First Aid Crew
gave the first presentation. Mr. Philpott began by stating how
much the Crew appreciates all that Council does for them.
This year we are requesting $17,000. We have eight new
members we need to equip with the basic uniforms and
personal protective equipment at a cost of around $800-900
per person. We would also like to replace a couple of
computers and need funds for training, batteries for
equipment and service on equipment to keep it certified. In
October the Vinton First Aid Crew will be celebrating 75 years
and there will be an event that everyone will be invited to.
We are putting the Rehab Truck together and the offer is still
on the table to pay the Town’s portion on an ambulance.
We know the Town is in a financial situation and we
appreciate anything the Town can do.
The Mayor commented that he appreciates all the Crew does
and this is one of the oldest partnerships with the Town. Mr.
Philpott stated that the Crew did answer over 1,300 calls this
past year and this past weekend the training officer
conducted classes in Town and awarded some 840
continuing education hours for people from all over the State.
Mr. Altice asked how much we received in transport fees and
Mr. Thompson said around $175,000. Mr. Adams
commented that he would like to have a better understanding
of the reporting because he does not understand how the
number of calls are going up, but the dollar amount is staying
the same. Mr. Thompson commented that Chief Simon is
sending a report that reflects the payment we get from
10
Roanoke County and he will be glad to send that report to
Council, but it does not give the details of each of the calls.
The Town Manager commented that he can check with the
County about getting such a detailed report.
Richard Oakes, Chief for the Vinton Volunteer Fire
Department, began his presentation by commenting that we
are asking for the same amount again this year. The funds
will be used for station uniforms replacement and shirts,
contract fees, office supplies, travel for some out-of-town
classes that are not available locally and equipment
replacement. This past February is the first time in about five
years that we were able to go to the Chiefs’ Conference in
Virginia Beach. Mr. Oakes expressed appreciation to Council
for all they do for the department. Mr. Adams asked about
the new brush truck and the response was we still need to
add side steps, but that it was used on a brush fire call last
week.
Mr. Hare commented that he has the pleasure of serving with
Chief Philpott and Chief Oakes along with Mr. Adams on the
Public Safety Committee and in regard to the 24-hour fire
coverage, they have stepped up and attended extra
meetings. They are willing to give up their personal time with
the family to serve their fellow citizens. Mr. Adams
commented that Chief Cook, who was present in the
audience, is also on that Committee.
The Work Session was adjourned at 8:40 p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 1, 2014
Department
Administration
Issue
GFWC Woman’s Club of Vinton – Child Abuse Awareness Prevention Month
Summary
The GFWC Woman’s Club of Vinton in conjunction with the Police Department will again be
planting pinwheels in the flower garden in front of the Municipal Building to promote the month
of April as Child Abuse Awareness Prevention Month. A member of the Woman’s Club or
Chief Cook will make brief comments at the meeting.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 1, 2014
Department
Administration
Issue
Proclamation – Mayor’s Day of Recognition for National Service
Summary
On April 1, 2014, Mayors all over the nation will participate in the second annual Mayors Day of
Recognition for National Service. The goals of this day are to highlight the impact of national
service and thank individuals serving in AmeriCorps and Senior Corps programs locally and
across the country.
In Virginia, approximately 9,300 AmeriCorps and Senior Corps members are in service in their
communities. Focusing on education, economic opportunity, disaster readiness, healthy futures,
environmental stewardship, and services to vets and military families, these individuals are
providing high impact, low cost solutions to compelling community needs.
Samantha Lukasiewicz, AmeriCorps VISTA Leader of our local Advancement Foundation will
attend the meeting to accept this Proclamation.
Attachments
Fact Sheet
Proclamation
Recommendations
Read proclamation and present to representatives at the meeting.
Town Council
Agenda Summary
AmeriCorps
A meriCorps engages more than 75,000 men and women in intensive service each year
at more than 15,000 locations including nonprofits, schools, public agencies, and
community and faith -based groups across the country. AmeriCorps members help
communities tackle pres sing problems while mobilizing millions of volunteers for the
organizations they serve. Members gain valuable professional, educational, and life benefits,
and the experience has a lasting impact on the members and the communities they serve.
AmeriCorps consists of three main programs: AmeriCorps State and National, whose
members serve with national and local nonprofit and community groups; AmeriCorps
VISTA, through which members serve full time fighting poverty; and AmeriCorps NCCC
(National Civilian Community Corps), a team-based residential program for young adults
18-24 who carry out projects in public safety, the environment, youth development, and
disaster relief and preparedness .
Focus on Impact
The bipartisan Edward M. Kennedy Serve
America Act focused AmeriCorps' efforts in
six key areas: disaster services, economic
opportunity, education, environmental
stewardship, healthy futures, and veterans
and military families. To strengthen
accountability, AmeriCorps programs are
required to demonstrate their impact using
standard performance measures.
AmeriCorps members make our communities
safer, stronger, healthier, and improve the
lives of tens of millions of our most
vulnerable citizens. AmeriCorps' impacts
are proven and measurable.
Disaster services: In response to the
tornado that struck Joplin, Missouri on
May 22nd, 2011, AmeriCorps teams
organized a large-scale volunteer response
center that recruited and supervised more
than 75,000 volunteers. Through the
AmeriCorps -led operation, unaffiliated
volunteers contributed more than 579,000
hours of service. These hours completely
defrayed over $17.7 million in emergency
match dollars owed by the City of Joplin to
the federal government at the conclusion
of the response.
Economic opportunity: VISTA,
AmeriCorps' poverty-fighting program,
engages more than 8,000 members each
year in fighting poverty by creating
businesses, expanding access to technology,
recruiting volunteers to teach literacy, and
strengthening antipoverty groups.
Education: AmeriCorps places thousands
of teachers, tutors, and mentors into low
performing schools, helping students
succeed in school and gain skills necessary
to get 21st century jobs.
Environmental stewardship: Members
build trails, restore parks, protect water
sheds, run recycling programs, and
promote energy efficiency, weatherization,
and clean energy.
Healthy futures: AmeriCorps memb ers save lives
through HIV /AIDS education and outreach, drug and
alcohol prevention training, and conn ecting poor
families to health clinics and services.
Strengthening Nonprofits and the
Volunteer Sector
Strengthening nonprofits: AmeriCorp s members help
faith -based and community groups expand services,
build capacity, raise funds, develop new partnership s,
and create innovative, sustainable prog ram s.
Encouraging competition and local control:
AmeriCorps pushes funding and d ecision-making to the
state and local level. Most grantees are ch osen by
bipartisan state commissions appointed by the governor.
Advancing social innovation: AmeriCorp s invests in
entrepreneurial organization s that have been recognized
for their innovative approaches t o citizen problem-solving
such as Teach for America, City Year, YouthBuild,
Ju mpStart, Citizen Schools, and Experience Corp s.
Expanding Educational Opportunity and
Building Future Leaders
Expanding educational opportunity: In exch ange for
a year of full -time service, A meriCorps members earn a
Segal AmeriCorps Education Award (equal to the
maximum Fell G rant) that helps pay for college or pay
back student loans. AmeriCorps members have earned
more t han $2.4 billion in these awards since 1994.
Preparing the 21st Century Workforce: AmeriCorp s
is a pathway to economic opportunity that p rovides
AmeriCorps Fast Facts
Veterans and military families: AmeriCorps supports
the military communi ty by engaging veterans in service,
helping veterans readjust to civilian life, and providing
support to military families.
members with valuable skills specific to their service
(con struction, teaching, weatherization, etc.) as well as
general skills of leadership and problem-solving that all
employers are looking for.
Creating future leaders: AmeriCor p s members gain
new and u seful skills, advance their education , and
become mo re connected to their communities. A
longitudinal study has shown that AmeriCorps alumni
are more likely to be civically engaged, to go into public
service careers-such as teaching, public safety, social
work, and military ser vice-and to volunteer in their
communities.
Leveraging a Powerful Return
on the Investment
Public private partnerships: AmeriCorps leverages
substantial private investment-more than $480 million
in non-CNCS funds each year from businesses,
foundations, and other sources. A meriCorp s has cut
costs and become more efficient by supporting more
members with fewer federal dollars.
Mobilizing volunteers: AmeriCorps is a powerful
catalyst and force -multiplier for community volunteering.
Last year AmeriCorps members recruited, trained, and
supervised more than 4 million community volunteer s
for the o rganizations the y serve.
800,000
1 billion
5 .2 million
Numbe r of people who have served as AmeriCorps members since 1994.
Total number of hours served by AmeriCorps members since 1994.
Number of disadvantaged youth tutored , mentored , or served by AmeriCo rps me mbers
in fiscal 201 1.
4 million
$480 million
15 ,000
Number of community volunteers managed or mobilized by AmeriCorps members in fiscal 2011.
Value of cash and in -ki nd donations leveraged by AmeriCo rps members in fiscal 2010.
Number of AmeriCorps service locat ions in 2012.
$2.4 billion Total amount of Seg al AmeriCorps Education Awards earned by AmeriCorps members since 1994.
NATidoNAL &
COMMUNITY
SERVICEt tte
1201 New York Ave., NW *Washington, DC 20525 * 202 -606-5000
AmeriCorps.gov
]a11uary 2013
AMERICORPS TOTALS
CURRENT (as of March 11, 2013)
COMPLETED (within last 12 months)
Primary City
Abingdon
Alexandria
Alexandria
Alexandria
Alexandria
Alexandria
Alexandria
Alexa ndria
Arlington
Arlington
Arlington
Arlington
Arlington
Arlington
Big Stone Gap
Blacksburg
Bluefield
Bluefield
Bridgewater
Charlottesville
Charlottesville
Charlottesville
Ch arlottesville
Charlottesville
Charlottesvi lle
Charlottesville
Chesapeake
Program/Project Name
Sponsor Organization
leveraging Volunteers in Reforestation and Community Projects-Appalachia
Appalachian Coal Country Team (ACCT)
CADCA National Guard Project (Completed)
Community Anti-Drug Coalitions of America (Active)
CADCA VetCorps VISTA (Current)
Community Anti-Drug Coalitions of America (Active)
Child Thrive! (Current)
Alexandria Department of Human Services
National Military Family Association (Current)
American legion Auxiliary National Headquarters
Rebu ilding Together Alexandria (Current)
Rebuilding Together, Inc
VetCorps Project S&N (Completed)
Community Anti-Drug Coalitions of America (Active)
Women's Arts Corps Works! (Current)
Empowered Women International
AmeriCorps Four-Mile Run restoration (Completed)
Arlington County
Arlington Works! (Current)
Arlington Public Schools
learning Links AmeriCorps (Current)
Greenbrier learning Center
Rebuild ing Together Arlington/Fairfax/Falls Church (Current)
Rebuilding Together, Inc
SCA Virginia (Current)
Student Conservation Association, Inc.
Youth Venture (Completed)
Youth Venture
MECC AmeriCorps (Current)
Mountain Empire Community College
Community Partnerships VISTA Network (Current)
Virginia Polytechnic Institute and State Un iversity
2inSpire Program (Current)
Bluefield College
Bluefield College VA 24605-1709 (Completed)
The College of New Jersey
Northeast Neighborhood Revitalization Project (Current)
Bridgewater College
CALM AmeriCorps (Current)
Charlottesville Abundant life Ministries
Charity Treks
Charity Treks, Inc
College Guide Program (Current)
The Rector and Visitors of the University of Virginia
Forest and Preserve Stewardship Projects Throughout Virginia
The Nature Conservancy -Virgin ia
JABA VISTA (Current)
Jefferson Area Board For Aging
Resources, Integration & Access Project (Completed)
International Rescue Committee-Charlottesvill e
Trail Construction; Environmental Conservation with State Forests
Virginia Department of Forestry
Serve the City and The Urban Outreach Center (Current)
Heart of Compassion Partnerships
AmeriCorps in Virginia
PARTICIPANTS PROGRAMS/PROJECTS
722 66
196 34
Number of
Participants Program Type
-AmeriCorps NCCC In-State Projects
-AmeriCorps VISTA
36 AmeriCorps VISTA
6 AmeriCorps State Formula
4 Am eri Corps National
2 AmeriCorps National
-AmeriCorps National
2 AmeriCorps VISTA
6 AmeriCorps State Formula
1 AmeriCorps State Formula
10 AmeriCorps State Formula
1 AmeriCorps National
62 AmeriCorps National
-AmeriCorps VISTA
26 AmeriCorps State Formula
4 AmeriCorps VISTA
4 AmeriCorps VISTA
2 AmeriCorps National
3 AmeriCorps VISTA
12 AmeriCorps State Formula
11 AmeriCorps NCCC In-State Projects
13 AmeriCorps State Formula
10 AmeriCorps NCCC In-State Projects
1 AmeriCorps VISTA
-AmeriCorps VISTA
-AmeriCorps NCCC In-State Projects
5 AmeriCorps State Formula
Information reflects the status of programs as of March 11, 2013 Page 1 of 4
AMERICORPS TOTALS
CURRENT (as of March 11 , 2013)
COMPLETED (within last 12 months)
Primary City
Culpeper
Emory
Fairfax
Falls Church
Falls Church
Ferrum
Fishersville
Fredericksburg
Fredericksburg
Fredericksburg
Great Falls
Hampton
Hampton
Hampton
Hampton
Hillsville
lebanon
leesburg
lexington
lexington
lexington
lorton
lynchburg
Manassas
Middleburg
Newport News
Newport News
Program/Project Name
Sponsor Organization
Rappahannock Legal Services Capacity Building Project (Current)
Rappahannock Legal Services, Incorporated
Emory and Henry College VA 24327-0947 (Current)
The College of New Jersey
Volunteer Fairfax (Current)
Points of light Foundation
Committee Volunteers in Action (Completed)
Hispanic Committee of Virginia
ESOL and Family learning Programs (Current)
literacy Council of Northern Virginia
Ferrum College VA 24088-2612 (Completed)
The College of New Jersey
Serving Virginians with Disabilities (Current)
Ms. Wheelchair Virginia, Inc.
Friends of the Rappahannock (Current)
Friends of the Rappahannock
GoodSkills literacy Corps (Current)
Rappahannock Goodwill Industries Inc
Rca sa Capacity Building Project (Current)
Rappahannock Council Against Sexual Assault
Camp restoration from derecho; trail clearing, debris removal; repairs
living Classrooms of the National Capital Region (LC -NCR)
Hand and Hand, Inc. (Completed)
Hand and Hand, Inc.
HRHA Serve America Act VISTA Program (Current)
Hampton Redevelopment and Housing Authority
PASS -Peninsula AmeriCorps Service and Support (Current)
Alternativ es Inc
Virginia Veterans Corps (Current)
Virginia Department of Veteran s Services
Reading for life (Current)
Carroll County Public School Division
AmeriCorps Community Care (Current)
Occupational Enterpri ses, Inc.
Loudoun HFH (Current)
Habitat for Humanity International, Inc.
Shepherd Poverty Alliance (Current)
The College of New Jersey
Shepherd Poverty VA 24550-2249 (Completed)
The College of New Jersey
Washington & lee U. VA 24550-2116 (Current)
The College of New Jersey
New Trail Construction and Inva sive Species Eradication
Virginia Dept of Conservation and Recrea tion-Ma son Neck State Park
lynchburg College VA 24501-3113 (Current)
The Coll ege of New Jersey
Neighborhood Stabilization and Revitalization (Current)
City of Manassas
Facilitating Nature Classes and Ropes Course; Trail Improvements
Camp Highroad
Building Great Futures (Current)
Boys & Girl s Clubs of the Virginia Penin sula
Christopher Newport U. VA 23606-2949 (Current)
The College of New Jersey
AmeriCorps in Virginia
PARTICIPANTS PROGRAMS/PROJECTS
722 66
196 34
Number of
Participants Program Type
2 AmeriCorps VISTA
24 AmeriCorps National
1 AmeriCorps National
-AmeriCorps VISTA
8 Ame riCorps State Formula
-Ame riCorps National
13 AmeriC orps State Formu la
4 AmeriCorps VISTA
5 AmeriCorps State Formu la
2 AmeriCorps VISTA
9 AmeriCorps NCCC In-State Projects
-AmeriCorps VISTA
1 AmeriCorps VISTA
68 Ameri Corps State Formula
22 AmeriCorps State Formula
30 Am eriCorps State Formula
13 Am eriCorps State Formu la
1 Am eriCorps National
1 0 Am eriCorps National
20 Am eriCorp s National
17 AmeriCorps National
10 AmeriCorps NCCC In-State Projects
10 AmeriCorps National
4 AmeriCorps VISTA
11 AmeriCorps NCCC In-State Proj ects
3 AmeriCorps VISTA
16 AmeriCorps National
Information reflects the status of programs as of March 11, 2013 Page 2 of 4
AMERICORPS TOTALS
CURRENT (as of March 11, 2013)
COMPLETED (within last 12 months)
Primary City
Newport News
Norfolk
Norfolk
Norfolk
Oakton
Petersburg
Providence Forge
Pulaski
Radford
Radford
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Richmond
Program/Project Name
Sponsor Organization
Volunteer Recruitment and Management System (Completed)
Just Us Kidzlnc.
American Red Cross NPRC-Coastal Virginia Region (Current)
American National Red Cross
ODU-Center for Service & Civic Engagement (Current)
Old Dominion University
South Hampton Roads, Inc.; HFH of (Current)
Habitat for Humanity International, Inc.
Northern Virginia Family Services Outreach Program (Current)
Northern Virginia Family Service
Pathways AmeriCorps (Current)
Pathways-VA, Inc.
Trail Construction; Environmental Conservation with State Forests
Virginia Department of Forestry
Beans and Rice, Inc. - U Serv (Current)
Beans and Rice, Inc.
Beans and Rice, Inc. (Completed)
Beans and Rice, Inc.
New River Community Action AmeriCorps (Current)
New River Community Action Inc.
AmeriCorps ACES (Action for Community Enhancement Services) (Current)
City of Richmond -Human Services Commission
CARITAS Americorps (Current)
CARITAS
CCC Refugee, Immigrants, and Interpreter Services Program (Current)
Commonwealth Catholic Charities
Community Works (Completed)
Embrace Richmond
Diocese of Richmond (Current)
University of Notre Dame
Fit4Kids Volunteer Program (Current)
Greater Richmond Fit4Kids
HandsOn Greater Richmond (Completed)
Points of Light Foundation
HOME Capacity Building Project (Current)
Housing Opportunities Made Equal of Virginia, Inc
Project RISE! (Current)
Community Housing Partners Corporation
Richmond, VA Public Assistance
FEMA-Joint Field Office-Richmond
TelamonNA (Completed)
Association of Farmworker Opportunity Programs
United Virginia Capacity Expansion (Current)
United Virginia Education Fund
University of Richmond VA 23173-0001 (Current)
The College of New Jersey
VCU AmeriCorps (Current)
Virginia Commonwealth University
Virginia Ambassador of Mentoring (Current)
Virginia Mentoring Partnership
Virginia Medical Reserve Corps (Current)
Virginia Department of Health
Virginia Wounded Warrior Program (Current)
Virginia Department of Veterans Services
AmeriCorps in Virginia
PARTICIPANTS PROGRAMS/PROJECTS
722 66
196 34
Number of
Participants Program Type
-AmeriCorps VISTA
2 AmeriCorps National
2 AmeriCorps VISTA
1 AmeriCorps National
2 AmeriCorps VISTA
13 AmeriCorps State Formula
11 AmeriCorps NCCC In-State Projects
6 AmeriCorps State Formula
-AmeriCorps VISTA
19 AmeriCorps State Formula
14 AmeriCorps State Formula
19 AmeriCorps State Formula
4 AmeriCorps VISTA
23 AmeriCorps State Formula
AmeriCorps National
AmeriCorps VISTA
3 AmeriCorps National
3 AmeriCorps VISTA
16 AmeriCorps State Formula
12 AmeriCorps NCCC In-State Projects
1 AmeriCorps National
2 AmeriCorps VISTA
4 AmeriCorps National
49 AmeriCorps State Formula
9 AmeriCorps VISTA
2 AmeriCorps VISTA
4 AmeriCorps VISTA
Information reflects the status of programs as of March 11, 2013 Page 3 of 4
AMERICORPS TOTALS
CURRENT (as of March 11, 2013)
COMPLETED (within last 12 months)
Primary City
Roanoke
Roanoke
Suffolk
Suffolk
Suffolk
Suffolk
Suffolk
Suffolk
Suffolk
Tazewell
Vienna
Vinton
Williamsburg
Williamsburg
Winchester
Winchester
Woodbridge
Wytheville
Program/Project Name
Sponsor Organization
Computer Literacy Program (Current)
City of Roanoke -Libraries
Rebuilding Together Roanoke (Current)
Rebuilding Together, Inc
Fire Composite
US Fish & Wildlife Service, Northeast Region Fire Management
Fire Composite Team
US Fish & Wildlife Service, Northeast Reg io n Fire Management
Installation of Water System Infrastructure in Historic Village
Hobson Artesian Well Association, Inc.
Trail2 Wildfire
US Fish & Wildlife Service, Northeast Region Fire Management
US Fish & Wildlife
US Fish & Wildlife Service, Northeast Region Fire Management
US Fish & Wildlife Services
US Fish & Wildlife Service, Northeast Region Fire Management
US Fish and Wildlife Fire Management
U.S. Fish and Wildlife Service, VA
Clinch Valley Community Action, Inc. (Completed)
Clinch Valley Community Action Inc.
Westmoreland Volunteers (Current)
Catholic Volunteer Network
The Advancement Foundation (Current)
The Advancement Foundation
Office of Community Engagement (Completed)
The College of William and Mary
Virginia Legacy Soccer (Current)
Up2Us, Inc.
VISTA Catalysts for Student Service (Current)
Shenandoah University
Winchester Individual Assistance Applicant Services
FEMA -Region Ill
AmeriCorps Interpretive Project (Current)
OCR, Division of State Parks
Wythe-HOPE VISTA 2012 (Current)
Helpng Overcome Poverty's Existence, Inc.
AmeriCorps in Virginia
PARTICIPANTS PROGRA MS/PROJECTS
722 66
196 34
Number of
Participants Program Type
15 AmeriCorps State Formula
2 AmeriCorps National
8 AmeriCorps NCCC In-State Projects
10 AmeriCorps NCCC In-State Projects
10 AmeriCorps NCCC In-State Projects
4 AmeriCorps NCCC In-State Projects
8 AmeriCorps NCCC In-State Projects
8 AmeriCorps NCCC In-State Projects
8 AmeriCorps NCCC In-State Projects
-AmeriCorps VISTA
10 AmeriCorps National
18 AmeriCorps VISTA
-AmeriCorps VISTA
2 AmeriCorps National
2 AmeriCorps VISTA
21 AmeriCorps NCCC In-State Projects
37 AmeriCorps State Formula
1 AmeriCorps VISTA
Notes: If there are programs with identical names in separate entries, they are different grants to the same organization. If no members are shown, either the grant is for
planning or technical assistance, or enrollment data was not available at the time of printing.
The city column refers to the location of the sponsor organization. AmeriCorps members may be serving in other locations than the city listed.
Information reflects the status of programs as of March 11, 2013 Page4 of4
Virginia At a Glance
N/\f'i'oNAL&
COMMUNITY
SERV ICE ***-
AmeriCorps
AmeriCorps National
AmeriCorps NCCC In-State Projects
AmeriCorps State Formula
Projects
18
1
23
Service locations
22
1
95
Participants 1 Educat ion Scholarships 2 Program Funding
170 $326,510 $166,457 3
10 -4
426 $1,2 74 ,562 $2,996 ,846
AmeriCorps VISTA 24 31 116 $643,800 $1,845,444
--------------------------------------------------------------------------------------------------------------------------------------------------------· AMERICORPS TOTAl 66 149 722 $2,244,872 $5,008,747 -sen for corps----------------------------------------------------P~~~~~--s~~i;e·L~~~ti~~~-----P~rti~ip~-~t~----Ed~-;~t~~~ ·sc·h~~~~~hip~-----P;~9r~-~-F~~tii~9 --.
Foster Grandparent Program 4 147 399 $1,233,347
RSVP 19 1,068 8,003 $1,182,737
Senior Companion Program 3 32 231 $675,211
SENIOR CORPS TOTAl 26 1,247 8,633 $3,091 ,295
-siiCfaf iriniivaifori ·ruild -----------------------------------------P~~~t~--s~~ic-~ L~~~ti~~-s-----P~rti~ip~-~t~----Ed·u·;~t~~~ ·s;h~~~~~hip~-----P;~9r~-~ -F~~tii~9 --.
Intermediary Grantmakers 1
Nonprofit Subgrantees 3 $1,589,459
--------------------------------------------------------------------------------------------------------------------------------------------------------· SOCIAl INNOVATION FUND TOTAl 4 $1,589,459 -Otiier Funding --------------------------------------------------P~~~~--s~~i-;e·L~~~ti~~~-----P~rti~ip~-~t~----Ed~c-~ti~~ ·s;h~~~~~hip~-----P;~9;~~-F~~tii~9 --.
Disa bility Outreach 1 $106,191
State Commission Operations Support $291,648
--------------------------------------------------------------------------------------------------------------------------------------------------------· OTHER FUNDING TOTAl 2 $397,839
PROGRAM TOTAlS 98 1,396 9,355 $2,244,872 $10,087,341
TOTAL CNCS FUNDING (including Segal AmeriCorps Education Awards) $12,332,213
TOTAl lOCAl PROGRAM SUPPORT (Non-CNCS Resources) $5,840,860 5
--------------------------------------------------------------------------------------------------------------------------------------------------------· TOTAl CNCS FUNDING+ TOTAl lOCAl PROGRAM SUPPORT $18,173,073
Notes: The data shown represents a snapshot in time. CNCS project sites, participants, and funding change throughout the year, so the data may not reflect current conditions .
1 This figure represents the number of awarded positions available to be filled in the 2012 -2013 program year. For AmeriCorps VISTA, this represents the actual number of VISTA
members in active service.
2 This figure represents the maximum potential value of Segal AmeriCorps Education Awards that can be eamed by AmeriCorps members serving in Virginia. The award can be used
in any state to pay for college, graduate school, vocational training, or to pay back student loans. The education award total is included in total CNCS funding.
3 AmeriCorps National figures may include national programs headquartered in the state and/or operating sites of nat ional programs that are headquartered in other states. Funding
reflects the estimated proportionate share of the national grant associated with operating sites in this report. Some national organ izations do not report operating site data, or it
was not available at time of publishing, so figures may not reflect current conditions.
4 Virginia is served by the AmeriCorps NCCC campus located in Vicksburg, Mississippi .
In the past year, AmeriCorps NCCC teams have served on projects in lorton , Providence Forge, Charlottesville, Great Falls, Winchester, Midd lebu rg, Richmond, Suffolk .
5 As part of its public-private partnership approach, CNCS requires grantees to leverage additional resources to strengthen community impact and increase the return on the federal
investment. This figure reflects non-CNCS cash and in-kind resources that CNCS grantees and project sponsors have committed to raise to support their programming activities
across the state.
Information on this page reflects active programs as of March 11, 2013
-------------------------------------------------------
Volunteering Civic Life America 2·~\U \:1~:~li N"
Virginia "F R\"1( F ***•
~
]
c = ~
0
~ ~
Urban/Suburban/Rural Volunteer Rate
35.0
30.0
25.0
20.0
15.0
10.0
5 .0
0.0
Legend
-Virginia -US
Where People Volunteer
Health 8 .7% · Educational 26.61llo
Other 5.4%
-C1vlc 4.4%
-·Sport I Arts 2 .9%
I Service 13.7%
Religious 38 .3 %-'
Ages ofVorunteers
25-34 10 .5%
35.0
30.0
til
.!: 25.0 ..
j
20.0 5
~ 15.0 '0
~ ~ 10.0
5.0
0.0
70.0
60.0
35·44 16.1% 50.0
_,~·16-19 14.4% 40.0
45-54 13 .6% --· ~ 75-· 10 .5%
30.0
20.0
10.0
o.o
55-64 13.8%
Volunteer Rate (2002-2012)
I
r·-r -~--_ .... _ ---· --I
'-I -
2.0:>2 :ron 2004 2005 2006 zco1 2:000 2009 <o to 20tt 20 12
legend
-V irgin i a -US
Among the Top 5 Volunteer Activities
Percent
0.0 5.0 10.0 15.0 20.0 25.0 30.0
legend
-Virginia -US
Voting Trends
Legend
-Virginia -US
United We Serve
$U VE.<#I
-------~~----··---~-----------------.. ------------·---------------------
Volunteering Civic Life America :";\t iL-)t\:\L& CO\I i\1Ui\ I I 'l
Virginia -..r R\'1( T ***•
National Service In Virginia
More than 700 AmeriCorps members and 8 ,600 Senior Corps volunteers are
meeting local needs, strengthening communities , and increasing civic
engagement through national service in Virginia This year, CNCS will commit
more than $12,330,000 to support Virginia communities through national
service.
United We Serve
$£1W£00'1
SENIO R CO RPS TOTALS
CURRENT (as of March 11 , 2013)
COMPLETED (within last 12 months)
Primary City
Big Stone Gap
Charlottesvi lie
Christiansburg
Culpeper
Fairfax
Gate City
Hampton
leesburg
Manassas
Marion
Newport News
Norfolk
Norfolk
Norfolk
North Tazewell
North Tazewell
Petersburg
Petersburg
Portsmouth
Pulaski
Radford
Richmond
Richmond
Roanoke
Roanoke
Roanoke
Roanoke
Program Name
Sponsor Organ ization
Mt Empire Older Citizens FGP (Current)
Mountain Empire Older Citizens Inc.
Jefferson Area RSVP (Current)
Jefferson Area Board For Aging
RSVP of Montgomery County and Radford (Current)
Montgomery County Board of Supervisors
Rappahannock Rapidan RSVP (Current)
Rappahannock Rapidan Community Services Board/Area Agency on Aging
NV-RSVP (Current)
Volunteer Fairfax
RSVP of Planning District 1 (Current)
Appalachian Community Action and Development Agency Inc.
City of Hampton (Current)
loudoun County RSVP (Completed)
loudoun County Aging Services Area Agency on Aging
Prince William Area RSVP (Current)
Voluntary Action Center of the Prince William Area Inc.
District 3 Southwest Va RSVP (Current)
District Ill Governmental Cooperative
RSVP of the Virginia Peninsula-PNS (Current)
RSVP of the Virginia Peninsula, Inc.
Prime Plus RSVP Portsmouth (Current)
Norfolk Senior Center, Inc.
RSVP of Senior Services of Southeastern Virginia (Current)
Senior Services of Southeastern VA
SCP Sr. Services of SEVA (Current)
Senior Services of Southeastern VA
Clinch Valley RSVP (Current)
Clinch Valley Community Action Inc.
Clinch Valley SCP (Current)
Clinch Valley Community Action Inc.
Petersburg FGP (Current)
Crater District Area Agency on Aging
RSVP Southside Inc. (Current)
Crater District Area Agency on Aging
RSVP of Portsmouth (Completed)
Brighton's Solid Rock, Inc.
Pulaski County RSVP (Current)
New River Valley Agency on Aging
RSVP of Floyd/Giles Co (Current)
New River Community Action Inc.
Richmond Area FGP (Current)
Senior Connections, the Capital Area Agency on Aging
Richmond RSVP (Current)
Senior Connections, the Capital Area Agency on Aging
LOA Area Agency on Aging SCP (Completed)
local Office on Aging , Inc. Area Agency on Aging
LOA Area Agency on Aging SCP (Current)
local Office on Aging, Inc. Area Agency on Aging
LOA Foster Grandparent Program (Completed)
local Office on Aging , Inc. Area Agency on Aging
RSVP Roanoke Valley (Current)
Council of Community Services
Senior Corps in Virginia II
PARTICIPANTS PROGRAMS
8,633
853
Number of
Participants Program Type
41 Foster Grandparent Program
522 RSVP
310 RSVP
490 RSVP
420 RSVP
90 RSVP
157 Foster Grandparent Program
399 RSVP
212 RSVP
930 RSVP
596 RSVP
100 RSVP
800 RSVP
97 Senior Companion Program
350 RSVP
61 Senior Companion Program
131 Foster Grandparent Program
250 RSVP
299 RSVP
180 RSVP
233 RSVP
70 Foster Grandparent Program
335 RSVP
67 Senior Companion Program
73 Senior Companion Program
88 Foster Grandparent Program
250 RSVP
26
4
Information reflects the status of programs as of March 11, 2013 Page 1 of 2
'
Senior Corps in Virginia
SENIOR CORPS TOTALS PARTICIPANTS PROGRAMS
CURRENT (as of March 11, 2013) 8,633 26
COMPLETED (within last 12 months) 853 4
Program Name Number of
Primary City Sponsor Organization Participants Program Type
Rustburg Campbell County RSVP (Current)
Campbell County Board of Supervisors
255 RSVP
Urbanna Bay Aging RSVP (Current)
Bay Aging
838 RSVP
Urba nna Bay Aging RSVP (Current)
Bay Aging
842 RSVP
Note: The city column refers to the location of sponsor organization. Volunteers may be serving in other locations than the city listed .
Information reflects the status of programs as of March 11, 2013 Page 2 of 2
PROCLAMATION
WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and
WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and
WHEREAS, national service participants address the most pressing challenges facing our communities, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping our communities recover from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and
WHEREAS, national service participants serve in more than 60,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and
WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and
WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the National League of Cities, City of Service, and mayors across the country to recognize the impact of service on the Mayors Day of Recognition for National Service on April 1, 2014.
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 1, 2014, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our town, to thank those who serve; and to find ways to give back to their communities.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 1st day of April, 2014.
____________________________________
Bradley E. Grose, Mayor
Meeting Date
April 1, 2014
Department
Administration
Issue
Request for funding presentations by:
a. Brain Injury Services of SWVA
b. Vinton Dogwood Festival
Summary
Representatives will be present to give a 10 minute presentation to support their request for
funding in the FY2015 budget.
Attachments
Brain Injury Services of SWVA FY2015 Request for Funding Application
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 1, 2014
Department
Public Works
Issue
Consider adoption of a Resolution appropriating funds in the amount of $4,822.55 for the receipt
of an insurance claim made on a Town vehicle involved in the snow storm of February 2014.
Summary
A check in the amount of $4,822.55 has been received from the VML Insurance Program and
deposited in Revenue Account 200.1901.001 Recoveries and Rebates. This check is for the
payment of collision loss less the deductible on a 2001 International 4700 Dump/Plow Vin #2174
that was being using during the snow event in February 2014.
Bids were received and Virginia Truck Center was awarded the repairs contract on the vehicle. It is
necessary to appropriate the $4,822.55 to Public Works Highway, Streets and Maintenance Account
200.4101.304 Maintenance and Repairs – Equipment in order to pay the invoice when it is received.
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 1, 2014 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL
BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179
WHEREAS, during the snow storm of February 2014, the 2001 International Dump Truck/Plow 4700
vin #2174 was involved in an accident; and
WHEREAS, the proper insurance filing was made with the VML Insurance Programs and payment
from VML has been received into the Revenue Account 200.1901.001– Recoveries and
Rebates in the amount of $4,822.55; and
WHEREAS, in order that Virginia Truck Center, who received the bid to do the repair work on the
vehicle can be paid when the invoice is received for the work, it is necessary for the Vinton
Town Council to appropriate the funds from the Revenue Account 200.1901.001 –
Recoveries and Rebates to the Public Works Operating Budget Account Number
200.4101.304 Highway, Maintenance and Streets - 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 Town Manager to pay the Virginia Truck Center
Invoice when presented for the completion of the work on the 2001 International Dump Truck/Plow 4700
vin #2174.
FROM: 200.1901.001 Recoveries and Rebates $4,822.55
TO: 200.7103.350 Hwy, Mnt & Streets-Mnt and Repairs-Equipment $4,822.55
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 1, 2014
Department
Finance/Treasurer
Issue
Financial Report for period ending February 28, 2014
Summary
The Financial Report for the period ending February 28, 2014 has been placed in the Town’s
Dropbox and on the Town’s Website.
The Finance Committee will meet on Monday, March 31, 2014 at 5:30 pm to discuss this report
and will make a presentation Council during the Council Comment Section of the Regular
Meeting.
Attachments
February 28, 2014 Financial Report Summary
Recommendations
Motion to approve the February 28, 2014 Financial Report
Town Council
Agenda Summary