HomeMy WebLinkAbout3/28/2022 - City Council - Agenda -RegularCity Council Meeting
AGENDA
Monday, March 28, 2022, 6:30 PM
Work Session 6:00 P.M. Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153
Regular Session 6:30 P.M. Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153
WORK SESSION
1.Call to Order
A.Roll Call
2.New Business
A.Discussion Items
1)Annual Presentation- John Hull, Executive Director of the Roanoke Regional Partnership
3.Adjournment
REGULAR SESSION
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Citizen Comments
Comments from the public, limited to five minutes, on matters not already having a public
hearing component that same meeting. The following have signed up to speak at this
meeting:
1)Terry Grimes, 231 Baier Drive - Stormwater erosion problems in Salem
B.Minutes
Consider acceptance of the March 14, 2022 Regular Meeting minutes.
C.Financial Report
Consider acceptance of the Statement of Revenues and Expenditures for the eight months
ending February 2022.
5.Old Business
A.Amendment to City Code - Chapter 106
Consider ordinance on second reading amending Chapter 106, Zoning, Article IV.
Development Standards, Section 106-400 pertaining to site plan review. (Approved on first
reading at the March 14, 2022 meeting)
B.Amendment to City Code - Chapter 78
Consider ordinance on second reading amending Chapter 78, Subdivisions, Article I
Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III
Definitions, Section 78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-406,
78-408, 78-416, and 78- 421.4 of the CODE OF THE CITY OF SALEM, VIRGINIA
pertaining to the review of subdivision site plans and plats. (Approved on first reading at
March 14, 2022 meeting)
6.New Business
7.Closed Session
A.Closed Session
Hold a closed session in accordance with Sections 2.2-3711 A (1) of the 1950 Code of
Virginia, as amended, for discussion of a personnel matter pertaining to the City Manager's
annual evaluation.
8.Adjournment
Item #4B
Date: 3/28/2022
City Council Meeting
MINUTES
Monday, March 14, 2022, 6:30 PM
Work Session is cancelled for March 14, 2022
WORK SESSION
WORK SESSION IS CANCELLED
REGULAR SESSION
AMENDED AGENDA
1.Call to Order
A regular meeting of the Council of the City of Salem, Virginia was called to order at 6:30
p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James
W.Wallace, III, Vice -Mayor; Councilmembers: Byron Randolph Foley, William D.
Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding together with James
E.Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council;
Rosemarie B. Jordan, Director of Finance; Will Simpson, City Engineer; Mike Stevens,
Director of Communications; and Jim Guynn, City Attorney.
2.Pledge of Allegiance
3.Bid Openings, Awards,
Recognitions
A.Recognition- Carey Harveycutter
Recognition of Carey Harveycutter for receiving the Division III Commissioner's
Award for 2021 and being selected for induction in the Virginia High School Hall of
Fame. He will be inducted on April 24, 2022.
Mayor Turk first welcomed from the Salem Police Department Senior Police Officer
Rachel Frith and Officer James Adair. Officer Frith introduced Officer Adair and stated
that he is almost finished with his field training and will soon be released to solo patrol.
Mayor Turk thanked him for his commitment to serve and protect the citizens of The
City of Salem.
Mayor Turk recognized the positive contributions that Mr. Harveycutter, the
Tourism Director for the City of Salem, makes on the City and shared details on
the two awards he has recently received: This winter, Carey was presented with
a Meritorious Service Award by the NCAA Division III Commissioner’s
Association, and last week he was selected for induction into the Virginia High
School League Hall of Fame. His induction into the Hall of fame will take
place on April 24 in Charlottesville."
Mayor Turk presented a trophy to Mr. Harveycutter and Mike Stevens took a
picture of him with City Council.
Mr. Harveycutter expressed that "when you get recognized for doing something
you truly enjoy, it makes it extra special." He spoke of the support that he has
received from John Shaner, John Saunders, the group at the Salem Civic Center,
and the Parks and Recreation Department. He also said that it is a team effort,
and the focus has always been on the student athletes. He thanked Council for
the recognition.
4. Consent Agenda
A. Citizen Comments
Comments from the public, limited to five minutes, on matters not already having
a public hearing component that same meeting. The following have signed up to
speak at this meeting:
1) John Breen, 142 Bogey Lane - What ever happened to 12-13-21?
2) Cynthia Munley, 425 Roanoke Boulevard - Responding appropriately and
meaningfully to citizen concerns brought to Salem leaders
John Breen, 142 Bogey Lane, appeared before Council. He spoke on the
history of citizen requests, suggestions, and concerns that have been brought to
Council. He requested that Council track and report on citizen requests,
suggestions, and concerns and he offered specific suggestions for doing so.
Cynthia Munley, 425 Roanoke Boulevard, was the last citizen to speak before
Council. She spoke on responding appropriately and meaningfully to citizen
concerns brought to Salem leaders. She specifically referenced a request that
had been made to weigh in with a letter of non-approval to the State Agency,
the Department of Environmental Quality, with a comment to urge them to
reject MVP's request for a Clean Water Permit. Mrs. Munley expressed her
ongoing concerns with the action taken to this request.
B. Minutes
Consider acceptance of the February 14, 2022 Work Session and Regular
Meeting minutes.
The minutes were accepted as written.
C.Financial Reports
Consider acceptance of the Statement of Revenues and Expenditures for the
seven months ending January 31, 2022.
Mr. Jones noted that revenues were down about $285,000 compared to last year and spending
was down $4,511,427 from last year. He thanked staff that is dealing with the budget for
this.
The financial reports were received.
5.Old Business
A.Public Improvement Bonds
Consider ordinance on second reading authorizing the issuance and sale of
general obligation public improvement bonds in an aggregate principal amount
not to exceed $2,350,000. (As advertised in the January 20 and January 27,
2022 issues of the Salem Times - Register.)
Randy Foley motioned to adopt ordinance on second reading authorizing the issuance and
sale of general obligation public improvement bonds in an aggregate principal amount not
to exceed $2,350,000. William Jones seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
6.New Business
A.Taxicabs
Hold public hearing in accordance with Section 98-94 of THE CODE OF THE
CITY OF SALEM, VIRGINIA, and consider issuance of Certificates of
Public Convenience and Necessity for the next twelve (12) months, beginning
April 1, 2022. Date set for public hearing at February 14, 2022 meeting.
(Advertised in the February 24, 2022 issue of the Salem Times- Register)
Mayor Turk opened the public hearing.
Bennett Early, owner of B. Early Cab Service, 1415 Antrim Street, came
forward to speak. He expressed that he wanted to make Council aware of a law
reversing the use of handheld personal communication devices in certain motor
vehicles and the penalties thereof that he felt would affect cab service
statewide. He distributed a copy of the law for Council to refer to. This
repealed Section 46.2-1078.1 effective January 1, 2021. He explained that
taxicab companies are no longer able to operate with a program that was being
utilized on the cellphone. Mr. Early expressed a need for an exemption for
public transportation for this statute. He requested that Council or the City
Attorney assist him in addressing his concerns.
Mr. Saunders responded that he would make a couple of phone calls and
communicate back with Mr. Early.
Mayor Turk closed the public hearing.
Randy Foley motioned to award Certificates of Public Convenience and Necessity
for the next twelve (12) months, beginning April 1, 2021 to B. Early Cab Service, LLC
and Daniel Stephen Reid, trading as Reid Taxi. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
B. Amendment to City Code - Chapter 106
Consider ordinance on first reading amending Chapter 106, Zoning, Article IV.
Development Standards, Section 106-400 pertaining to site plan review.
Continued from the January 24, 2022, meeting at which public hearing was
held (As advertised in the January 6 and 13, 2022 issues of the Salem Times-
Register.) Planning Commission recommends approval; see pages 6-7 of
Planning Commission minutes).
William Jones motioned to approve ordinance on first reading amending Chapter
106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan
review. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
C. Amendment to City Code - Chapter 78
Consider ordinance on first reading amending Chapter 78, Subdivisions, Article
I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201,
Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78-
402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the CODE OF THE
CITY OF SALEM, VIRGINIA pertaining to the review of subdivision site
plans and plats. (Continued from the January 24, 2022, meeting at which public
hearing was held. As advertised in the January 6 and 13, 2022 issues of
the Salem Times-Register. Planning Commission recommends approval; see
pages 7-8 of Planning Commission minutes).
Mr. Wallace applauded Community Development for their efforts to modernize and
improve the City's Code. He noted that he voted in favor of the previous amendment to
change City Code Chapter 106 because the change would not affect current developments
in progress. He stated that while he felt the current amendment was well-intentioned that
he had reservations about implementing this until current subdivisions in process have
been completed. He expressed the concern that citizens would see this as catering to
developer's needs. He felt that the benefit of making change now is outweighed by the
perception that citizens may have of making this change at this moment.
Randy Foley motioned to approve ordinance on first reading amending Chapter 78,
Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration,
78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78-
402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the CODE OF THE CITY OF
SALEM, VIRGINIA pertaining to the review of subdivision site plans and plats.
William Jones seconded the motion.
Ayes: Foley, Jones, Saunders, Turk
Abstain: Wallace
D.Appropriation of Funds
Consider request to amend the School Operating Fund and School Grants Fund
budgets as approved by the School Board on February 8, 2022. Audit -
Finance Committee
James Wallace motioned to approve the School Board’s appropriation changes of
$102,864 and $1,679,751 to the School Operating Fund and the School Grants
Fund, respectively. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
E.Appropriation of Funds
Consider request to appropriate Downtown Improvement Reserve funding in the
Capital Projects Fund. Audit - Finance Committee
Mayor Turk noted that this fund is being established to help fill in the gap when additional
things need to be done in the Downtown area.
Mr. Taliaferro noted that it could be used to supplement the existing streetscaping projects if
there is an overrun or for specific projects downtown that are independent of VDOT funding
such as placemaking and creating a specific area in the downtown area.
Mayor Turk noted for the public's knowledge that a lot of the renovation and streetscaping
projects that are being done in phases utilize money that has been approved by VDOT and
has to be done in phases as a certain amount of money is available each year as opposed to
using funding from tax money to do this type of work. This will provide funds for
continued work in the downtown area.
James Wallace motioned to appropriate $40,350 to the Transfer from General Fund revenue
account and to the Downtown Improvements Reserve expenditure account. Randy Foley
seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
F. Appropriation of Funds
Consider request to appropriate grant funds awarded by Library of Virginia.
Audit - Finance Committee
James Wallace motioned to appropriate $21,314 in grant revenue to American Rescue Plan
Act Funding – Library of VA account and increase the budget for the American Rescue
Plan Act expenditures – Library of VA account by $21,314. It is also recommended that
any of this grant not spent in the current fiscal year be administratively appropriated in the
subsequent fiscal year. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
G. Tropical Smoothie Cafe & Jersey Mikes
Consider setting bond for erosion and sediment control and landscaping for
Tropical Smoothie Cafe and Jersey Mikes. Audit - Finance Committee
Mr. Jones noted for the public that this is located where the old Pizza Hut was on Main
Street in Salem.
James Wallace motioned to approve erosion and sediment control and landscaping for
Tropical Smoothie Café & Jersey Mikes and that the project be bonded in the amount of
$19,734.00 for a time frame for completion set at twelve (12) months.
Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
H. Ridge View Bank
Consider setting bond for erosion and sediment control, landscaping and
physical improvements for Ridge View Bank. Audit - Finance Committee
Mr. Jones noted that this is going where the old car wash was on Main Street in Salem.
James Wallace motioned to approve erosion and sediment control, landscaping, and physical
improvements for Ridge View Bank and that the project be bonded in the amount of
$20,592.00 for a time frame for completion set at twelve (12) months.
John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
I.Boards and Commissions
Consider appointments to various boards and commissions.
Randy Foley motioned to recommend Tom Copenhaver for Circuit Court re- appointment
to the Board of Zoning Appeals for a five-year term ending March 20, 2027; to recommend
Rosie Jordan, April Staton, and Tom Bowers to the Regional Alcohol Safety Action
Program Policy Board for the completion of the unexpired term through June 30, 2022,
and for re-appointment for a three-year term from July 1, 2022 through June 30, 2025; and
to recommend Rosie Jordan to the Regional Community Criminal Justice Board for the
completion of the unexpired term through June 30, 2022, and for re-appointment for a
three-year term from July 1, 2022 through June 30, 2025. William Jones seconded the
motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
7.Closed Session
A.Closed Session
Hold a closed session in accordance with Sections 2.2-3711 A (1), (3), (6),and (7) of the 1950 Code of Virginia as amended for:
1.Discussion or consideration of the acquisition of real property for apublic purpose, or of the disposition of publicly held real property, wherediscussion in an open meeting would adversely affect the bargainingposition or negotiating strategy of the public body, specifically the acquisition ofreal property; and for discussion or consideration of the investment of public fundswhere competition or bargaining is involved, where, if made public initially, thefinancial interest of the government unit would be adversely affected.
2.Consultation with legal counsel and briefings by staff members orconsultants pertaining to actual or probable litigation, where such consultationor briefing in open meeting would adversely affect the negotiating or litigatingposture of the public body.
3.Discussion of a personnel matter pertaining to the Assistant City
Manager's annual evaluation.
Jim Wallace motioned that Council move to closed session at 7:25 p.m. in accordance with
Sections 2.2-3711 A (1), (3), (6), and (7) of the 1950 Code of Virginia as amended for a
discussion of the following specific matters:
1) A discussion or consideration of the acquisition of real property for a public
purpose, or of the disposition of publicly held real property, where discussion in an
open meeting would adversely affect the bargaining position or negotiating strategy
of the public body, specifically the acquisition of real property; and for which a
discussion or consideration of the investment of public funds where competition or
bargaining is involved, where, if made public initially, the financial interest of the
government unit would be adversely affected.
2) Consultation with legal counsel and briefings by staff members or consultants
pertaining to actual or probable litigation, where such consultation or briefing in
open meeting would adversely affect the negotiating or litigating posture of the
public body.
3) A discussion of a personnel matter pertaining to the Assistant City
Manager’s annual evaluation.
William Jones seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
James Wallace motioned to reconvene at 8:38 p.m. in accordance with Section
2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in
closed session only items lawfully exempted from open meeting requirements under the
Virginia Freedom of Information Act and only such items identified in the motion by which
the closed session was convened were heard, discussed, or considered by the Council.
Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
8. Adjournment
The meeting was adjourned at 8:38 p.m.
Schedule A
Current Year Current Year % of Prior Year
Budget Year to Date Budget Year to Date Variance
Revenues:
Beginning Balance 7-1-21 2,302,373$ -$ 0%-$ -$
General Property Taxes 40,605,600 16,123,101 40%15,559,352 563,749
Other Local Taxes 22,027,515 15,480,832 70%12,481,854 2,998,979
Permits and Licenses 337,800 288,829 86%205,017 83,812
Fines and Forfeitures 61,000 53,919 88%29,011 24,908
Revenue from Use of Money and Property 867,809 445,043 51%315,281 129,762
Charges for Services 3,354,271 2,034,920 61%1,766,250 268,670
Payment in Lieu of Taxes from Electric Fund 3,160,000 3,160,000 100%3,160,000 -
Payment in Lieu of Taxes from Water Fund 181,000 122,253 68%119,913 2,340
Miscellaneous Revenue 374,914 288,098 77%191,280 96,818
Non-Categorical Aid 3,688,907 679,788 18%727,532 (47,744)
Shared Expenses 1,558,777 874,869 56%798,515 76,354
Categorical Aid 8,177,355 3,996,864 49%7,223,040 (3,226,176)
Non-Revenue Receipts 68,721 68,719 0%8,578 60,141
Total Revenues 86,766,042 43,617,236 50%42,585,622 1,031,614
Expenditures:
General Government 7,455,630 4,692,403 63%5,072,740 (380,337)
Judicial Administration 2,475,695 1,635,000 66%1,586,656 48,344
Public Safety 18,864,499 12,518,908 66%12,216,199 302,709
Public Works 11,771,854 6,141,329 52%10,850,913 (4,709,584)
Health and Welfare 5,177,833 3,008,647 58%3,121,019 (112,373)
Education 23,971,731 17,718,986 74%17,324,940 394,046
Parks, Recreation and Cultural 6,418,815 3,684,760 57%3,451,014 233,746
Community Development 2,853,195 2,005,958 70%2,278,244 (272,286)
Non-Departmental 6,366,275 3,628,873 57%3,932,491 (303,618)
Contingency 1,310,515 - 0%- -
Contingency for Economic Dev. Opportunities 100,000 - 0%- -
Total Expenditures 86,766,042 55,034,863 63%59,834,216 (4,799,354)
Revenues Over/(Under) Expenditures -$ (11,417,627)$ (17,248,595)$ 5,830,968$
City of Salem, Virginia
General Fund
Statement of Revenues and Expenditures
For Eight Months Ending February 28, 2022
Item #4C
Date: 3/28/2022
Schedule B
0
50000
100000
150000
200000
250000
300000
350000
400000
450000
500000
550000
600000
650000
700000
750000
800000
850000
900000
950000
1000000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
City of Salem
Sales Tax Summary
For Fiscal Years 2019 -2022
FY2019 FY 2020 FY 2021 FY 2022
Schedule C
50000
100000
150000
200000
250000
300000
350000
400000
450000
500000
550000
600000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
City of Salem
Meals Tax Summary
For Fiscal Years 2019 -2022
FY2019 FY2020 FY2021 FY2022
Schedule D
0
25000
50000
75000
100000
125000
150000
175000
200000
225000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
City of Salem
Lodging Tax Summary
For Fiscal Years 2019 -2022
FY2019 FY2020 FY 2021 FY2022
City of Salem, Virginia
Debt Outstanding
For Period Ending February 28, 2022
Schedule E
Balance Principal Balance
7/1/2021 Issuances Payments 2/28/2022
City Debt Outstanding
2011 Union First Market Refunding Bonds 1,170,792$ -$ (399,960)$ 770,832$
2013 Public Improvement Bonds 1,156,400 - (89,425) 1,066,975
2016B Public Improvement Bonds 717,601 - - 717,601
2019 Public Improvement Bonds 4,670,000 - - 4,670,000
2020 Public Improvement Bonds 2,375,000 - - 2,375,000
2020 Public Improvement Refunding Bonds 5,519,026 - - 5,519,026
2021 Public Improvement Refunding Bonds 1,555,000 - (30,000) 1,525,000
Total City Debt Outstanding 17,163,819 - (519,385) 16,644,434
School Debt Outstanding
2011 Union First Market Refunding Bonds 2,049,208 - (700,040) 1,349,168
2012A Public Improvement Bonds 5,727,000 - (477,250) 5,249,750
2013 Public Improvement Bonds 3,563,600 - (275,575) 3,288,025
2020 Public Improvement Bonds 23,835,000 - - 23,835,000
Total School Debt Outstanding 35,174,808 - (1,452,865) 33,721,943
Total Debt Outstanding 52,338,627$ -$ (1,972,250)$ 50,366,377$
City of Salem, Virginia
Capital Projects Fund
Statement of Revenues and Expenditures
For Period Ending February 28, 2022
Schedule F
Project Total Available Year To
Budget To Date Encumbrances Project Balance Date
Fund Balance, July 1, 2021 12,736,529
Revenues:
Federal Grants 11,023,764 1,666,319 - 1,666,319 9,357,445 127,367
State Grants 8,630,523 840,338 - 840,338 7,790,185 445,694
Proceeds From Debt Issuance 31,340,422 31,340,419 - 31,340,419 3 -
Interest Income 48,326 52,800 - 52,800 (4,474) 4,488
Transfer From General Fund 2,574,638 2,614,987 - 2,614,987 (40,349) 290,350
Total Revenues 53,617,673 36,514,863 - 36,514,863 17,102,810 867,899
Expenditures:
Fire Truck 2020 698,200 698,200 - 698,200 - 687,674
Next Generation 911 378,493 160,400 - 160,400 218,093 89,057
Street Department Equipment 2016 522,046 522,046 - 522,046 - 39,046
Colorado St Bridge Replacement 6,450,000 589,625 315,046 904,671 5,545,329 349,689
Apperson Drive Bridge Replacement 3,364,939 439,692 304,229 743,921 2,621,018 122,117
Street Department Equipment 2019 718,342 718,342 - 718,342 - 46,182
VDOT E Main Project UPC 8753 217,955 165,885 - 165,885 52,070 -
Street Department Equipment 2020 1,221,293 1,187,132 22,823 1,209,955 11,338 180,810
Hanging Rock Battlefield Phase 2 570,310 152,371 6,813 159,184 411,126 7,197
Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 -
Elizabeth Campus Greenway 1,104,400 85,350 104,150 189,500 914,900 25,548
Kiwanis Field Lighting Upgrades 644,727 644,727 - 644,727 - 182
Longwood Park Restroom Replacement 150,000 116,435 - 116,435 33,565 111,698
Library Sidewalk Replacement 36,800 32,395 - 32,395 4,405 32,395
Kiwanis Roof/Infrastructure Renovations 399,919 15,827 3,282 19,109 380,810 7,518
Moyer Sports Complex Renovation 870,500 345,004 532,785 877,789 (7,289) 340,004
Mason Creek Greenway Phase 3 2,610,310 371 - 371 2,609,939 371
Downtown Impr - E Main St/Broad St 974,799 844,540 - 844,540 130,259 -
Downtown Impr - E Main St/Broad St-CDBG 250,000 250,000 - 250,000 - -
Downtown Impr - CDBG Community Impr 285,000 27,983 25,165 53,148 231,852 853
Downtown Impr - E Main St/Union St 1,453,861 95,073 23,820 118,893 1,334,968 36,105
Downtown Impr - E Main St/Market St 3,629,869 98,770 73,514 172,284 3,457,585 34,800
Capital Projects Local Reserve 15,910 - - - 15,910 -
Transfer to Schools-2020 Bonds 27,000,000 20,884,279 - 20,884,279 6,115,721 3,054,266
Total Expenditures 53,617,673 28,075,947 1,411,627 29,487,574 24,130,099 5,165,512
Fund Balance, February 28, 2022 8,438,916
Schedule G
Operating Revenues
Current Year
Budget
Current Year
Year to Date
% of
Budget
Prior Year
Year to Date Variance
Sale of Power 39,501,333$ 27,277,944$ 69%26,178,222$ 1,099,723$
Other Electric Revenue 761,000 792,514 104%489,877 302,637
CARES Act Utility Funding - - 0%220,422 (220,422)
Reserve for Encumbrances 8,829,167 - 0%- -
Total Operating Revenues 49,091,500 28,070,458 57%26,888,520 1,181,938
.
Operating Expenses
Other Power Generation - Operation 80,000 35,450 44%17,809 17,641
Other Power Generation - Maintenance 98,613 49,131 50%17,123 32,007
Purchased Power 20,540,000 13,729,558 67%12,814,404 915,155
Transmission - Operation 7,510,500 5,256,181 70%4,282,286 973,894
Transmission - Maintenance 14,000 2,143 15%2,546 (402)
Distribution - Operations 944,150 658,583 70%613,091 45,491
Distribution - Maintenance 1,221,665 741,802 61%706,853 34,949
Customer Service 598,409 382,822 64%403,610 (20,787)
Administration & General - Operation 2,854,285 596,356 21%880,977 (284,621)
Administration & General - Maintenance 189,490 89,714 47%91,291 (1,576)
Depreciation - 905,652 0%877,509 28,144
Capital 11,315,429 5,068,786 45%4,053,010 1,015,776
Contingency 564,959 - 0%- -
Total Operating Expenses 45,931,500 27,516,178 60%24,760,508 2,755,670
Income (loss) Before Transfers 3,160,000 554,280 2,128,012 (1,573,732)
Transfers (Payment in Lieu of Taxes)(3,160,000) (3,160,000) 0%(3,160,000) -
Income (loss)-$ (2,605,720)$ (1,031,988)$ (1,573,732)$ Income (loss)-$ (5,211,441)$ (2,063,977)$ (3,147,464)$
City of Salem, Virginia
Electric Fund
Statement of Operations
For Eight Months Ending February 28, 2022
Schedule H
Operating Revenues
Current Year
Budget
Current Year
Year to Date
% of
Budget
Prior Year
Year to Date Variance
Services 7,049,799$ 4,920,043$ 70%4,681,934$ 238,109$
Other Revenue 380,000 257,303 68%200,768 56,535
CARES Act Utility Funding - - 0%329 (329)
Gain On Sale Of Assets 5,207 5,207 100%- 5,207
Reserve for Encumbrances 504,038 - 0%- -
Appropriated from Net Position 1,660,000 - 0%- -
Total Operating Revenues 9,599,044 5,182,553 54%4,883,032 299,521
.
Operating Expenses
Salaries of Personnel 810,926 613,844 76%536,354 77,490
Fringe Benefits 375,370 263,562 70%241,055 22,506
Contractual Services 761,282 323,289 42%318,210 177,990
Printing and Binding 2,500 86 3%84 2
Advertising 1,000 698 70%195 503
Utilities 417,200 258,413 62%262,898 (4,485)
Communications 5,800 2,889 50%2,577 312
Insurance 29,750 28,174 95%11,030 17,144
Travel and Training 9,800 3,608 37%1,570 2,038
Miscellaneous 58,834 44,721 76%52,117 (7,396)
Materials and Supplies 209,616 123,830 59%55,843 67,987
Depreciation - 570,047 0%570,621 71,585
Capital 1,176,111 160,812 14%9,000 151,812
Contingency 311,040 - 0%- -
Total Production Expenses 4,169,229 2,393,974 57%2,061,554 332,420
Salaries of Personnel 633,244 360,073 57%367,070 (6,997)
Fringe Benefits 301,120 163,107 54%171,938 (8,831)
Contractual Services 705,067 434,450 62%359,586 74,864
Communications 4,950 2,528 51%2,174 355
Insurance 24,000 21,780 91%6,397 15,383
Lease/Rent of Equipment 2,000 1,214 61%1,214 -
Travel and Training 5,300 2,637 50%382 2,254
Miscellaneous 24,834 16,138 65%17,019 (881)
Miscellaneous Credits (240,000) (174,289) 73%(167,022) (7,266)
Materials and Supplies 152,354 58,096 38%68,467 (10,371)
Depreciation - 70,421 0%64,402 6,019
Capital 2,154,926 163,345 8%478,248 (314,903)
Interest Obligations 1,481,020 116,820 8%134,587 (17,768)
Total Distribution Expenses 5,248,815 1,236,319 24%1,504,462 (268,143)
Income (loss) Before Transfers 181,000 1,552,260 1,317,016 235,244
Transfers (Payment in Lieu of taxes)(181,000)(122,253) 68%(119,913) (2,340)
Income (loss)-$ 1,430,007$ 1,197,103$ 232,905$ -
Production
Distribution
City of Salem, Virginia
Water Fund
Statement of Operations
For Eight Months Ending February 28, 2022
Schedule I
Operating Revenues
Current Year
Budget
Current Year
Year to Date
% of
Budget
Prior Year Year
to Date Variance
Services 6,756,019$ 4,634,165$ 69%4,562,829$ 71,336$
Other Revenue 149,000 101,131 68%68,262 32,869
CARES Act Utility Funding - - 0%333 (333)
Reserve for Encumbrances 846,533 - 0%- -
Appropriated from Net Position 950,000 - 0%- -
Total Operating Revenues 8,701,552 4,735,296 54%4,631,423 103,872
.
Operating Expenses
Salaries of Personnel 717,508 458,702 64%395,267 63,435
Fringe Benefits 337,897 189,833 56%180,485 9,349
Contractual Services 3,908,243 1,593,159 41%1,834,366 (241,207)
Printing and Binding 1,500 194 13%- 194
Advertising 1,500 6,542 436%- 6,542
Utilities 4,500 2,112 47%2,777 (665)
Communications 14,700 10,384 71%9,583 801
Insurance 18,000 11,874 66%11,088 786
Lease/Rent of Equipment 3,000 1,214 40%1,214 -
Travel and Training 9,000 5,105 57%968 4,137
Miscellaneous 36,834 20,083 55%23,935 (3,852)
Miscellaneous Credits (325,000) (97,541) 30%(79,298) (18,243)
Materials and Supplies 111,315 25,549 23%18,925 6,624
Depreciation - 913,116 0%877,016 36,101
Capital 1,631,673 301,679 18%741,942 (440,263)
Interest Obligations 1,631,321 48,224 3%82,929 (34,705)
Bond Costs - 9,961 0%- 9,961
Contingency 599,561 - 0%- -
Total Operating Expenses 8,701,552 3,500,190 40%4,101,196 (601,006)
Income (loss) before Transfers - 1,235,105 530,227 704,878
Income (loss)-$ 1,235,105$ 530,227$ 704,878$
City of Salem, Virginia
Sewer Fund
Statement of Operations
For Eight Months Ending February 28, 2022
Schedule J
Operating Revenues
Current Year
Budget
Current Year
Year to Date
% of
Budget
Prior Year
Year to Date Variance
Shows/rentals 302,600$ 229,272$ 76%111,096$ 118,176$
Box office shows 960,000 582,378 61%47,785 534,593
Catering and concessions 120,000 100,860 84%11,520 89,340
Merchandise and commissions 103,000 120,188 117%9,488 110,700
Static advertising 48,000 34,792 72%20,625 14,167
Miscellaneous income 16,000 15,462 97%21,285 (5,823)
Salem Fair 563,000 532,019 94%(3,500) 535,519
Reserve for encumbrances 11,914 - 0%- -
Shuttered Venue Operator Grant (SVOG)- 1,268,542 0%- 1,268,542
Total Operating Revenues 2,124,514 2,883,513 136%218,299 2,665,214
Operating Expenses
Salaries of personnel 1,064,979 710,587 67%588,250 122,336
Fringe benefits 460,057 260,169 57%256,081 4,088
Maintenance and contractual services 274,968 131,545 48%105,143 26,402
Printing and binding 500 116 23%- 116
Advertising 25,000 14,007 56%21,290 (7,282)
Utilities 221,600 219,313 99%132,793 86,520
Communications 13,900 8,477 61%8,591 (115)
Insurance 21,000 27,138 129%2,522 24,616
Leases and Rentals 1,000 3,167 317%- 3,167
Travel and training 4,300 1,930 45%199 1,731
Miscellaneous 89,948 60,981 68%53,906 7,076
Show expense 1,040,000 653,249 63%78,887 574,362
Fair 2020 expense 443,080 518,209 117%6,380 511,829
Materials and supplies 36,846 13,874 38%4,165 9,709
Capital - 4,217 0%120,895 (116,678)
Depreciation - 190,313 0%202,992 (12,679)
Contingency 86,504 - 0%- -
Total Operating Expenses 3,783,682 2,817,292 74%1,582,094 1,235,199
Income (loss) Before Transfers (1,659,168)66,221 (1,363,795)1,430,015
Transfers 1,659,168 1,106,112 67%1,213,097 (106,985)
Income (loss)-$ 1,172,333$ (150,698)$ 1,323,030$ 0.00
City of Salem, Virginia
Salem Civic Center
Statement of Operations
For Eight Months Ending February 28, 2022
Schedule K
Operating Revenues:
Current Year
Budget
Current Year
Year to Date
% of
Budget
Prior Year
Year to Date Variance
Catering 378,080$ 318,663$ 84%54,695$ 263,968$
Concessions 106,756 115,247 108%6,910 108,337
Moyer Concessions 46,363 42,119 91%36,137 5,982
Salem High Concessions 7,200 879 12%- 879
Total Operating Revenues 538,399 476,908 89%97,742 379,166
.
Operating Expenses:
Salaries of personnel 193,823 137,692 71%94,753 42,938
Fringe benefits 81,405 41,827 51%42,158 (330)
Contractual services 5,719 3,789 66%4,279 (490)
Printing and binding 300 1,034 345%21 1,012
Laundry and Cleaning 10,000 - 0%847 (847)
Communications 300 102 34%96 6
Insurance 1,200 1,740 0%1,642 97
Miscellaneous 114,661 81,008 71%18,353 62,656
Materials and supplies 128,542 105,575 82%24,208 81,367
Depreciation - 2,922 0%2,922 -
Contingency 6,214 - 0%- -
Total Catering Expenses 542,164 375,689 69%189,280 186,409
Salaries of Personnel 41,473 36,572 88%7,764 28,808
Fringe Benefits 11,219 6,537 58%2,425 4,112
Contractual services - 2,965 0%- 2,965
Miscellaneous 33,750 40,179 119%1,458 38,722
Materials and Supplies 25,600 34,574 135%1,972 32,602
Total Concessions Expenses 112,042 120,827 108%13,619 107,208
Salaries of Personnel 18,720 15,944 85%21,797 (5,853)
Fringe Benefits 4,922 3,093 63%8,997 (5,903)
Contractual services 2,500 1,667 67%1,667 -
Miscellaneous 4,400 6,386 145%5,452 934
Materials and Supplies 9,600 10,314 107%9,967 347
Total Moyer Expenses 40,142 37,404 93%47,880 (10,476)
Salaries of Personnel 4,155 901 22%- 901
Fringe Benefits 949 108 11%- 108
Materials and Supplies 1,880 564 30%81 483
Total Salem High Expenses 6,984 1,573 23%81 1,492
Income (loss) Before Transfers (162,933)(58,585)(153,117)94,532
Transfers 162,933 - 0%- -
Income (loss)-$ (58,585)$ (153,117)$ 94,532$
Moyer Concessions
Salem High Concessions
City of Salem, Virginia
Salem Catering and Concessions
Statement of Operations
For Eight Months Ending February 28, 2022
Catering
Concessions
Schedule L
Budget
Current Year
Year to Date
Percent
to Date
Prior Year
Year to Date Variance
Beginning Net Position -$ 6,222,030$ 6,331,003$ (108,973)$
Revenue
Premiums Paid - City 5,400,000 2,983,820 55% 3,055,045 (71,225)
Premiums Paid - School 4,410,000 2,585,597 59% 2,570,096 15,501
Premiums Paid - Retirees 910,000 538,137 59% 588,922 (50,785)
Dental Premiums Paid 604,300 345,664 57% 361,183 (15,519)
Interest Earnings 22,000 11,623 53% 12,558 (935)
Miscellaneous - 5,346 0% 13,891 (8,545)
Total Year to Date Revenues 11,346,300 6,470,187 57% 6,601,695 (131,508)
Expenses
Health Claims 10,237,109 5,751,253 56% 6,140,093 (388,840)
Dental Claims 604,300 286,254 47% 302,958 (16,704)
Employee Health Clinic 443,691 249,804 56% 230,768 19,036
Consulting Services 52,400 46,942 90% 39,004 7,938
Miscellaneous 8,800 3,817 43% 3,675 142
Total Year to Date Expenses 11,346,300 6,338,070 56% 6,716,498 (378,428)
Ending Net Position -$ 6,354,147$ 6,216,200$ 137,947$
City of Salem, Virginia
Health Insurance Fund
Statement of Revenues and Expenses
For Seven Months Ending January 31, 2022
City of Salem, Virginia
Schedule of Deposits and Investments
For Period Ending February 28, 2022
Schedule M
FV as a
Cash Value Net Change Fair Value % of
2/28/2022 in Fair Value 2/28/2022 Portfolio
Demand & Time Deposits
Concentration Account 128,444,579$ -$ 128,444,579$ 91.8%
Payroll Account 10,097 - 10,097 0.0%
Revenue Recovery Account 20,903 - 20,903 0.0%
Utility Billing Account 29,808 - 29,808 0.0%
Box Office Account 1,462,873 - 1,462,873 1.0%
Held as Fiscal Agent of:
Cardinal Academy 771,304 - 771,304 0.6%
Court Community Corrections 1,431,071 - 1,431,071 1.0%
Held on Behalf of:
Economic Development Authority 382,223 - 382,223 0.3%
Total Demand & Time Deposits 132,552,858 - 132,552,858 94.7%
Investments
Local Government Investment Pool (LGIP) 16,887 - 16,887 0.0%
Local Government Investment Pool EM (LGIP EM*) 863,253 27,883 891,136 0.6%
VA State Non-Arbitrage Program (SNAP) 6,583,082 - 6,583,082 4.7%
Total Investments 7,463,222 27,883 7,491,105 5.3%
Total Deposits and Investments 140,016,080$ 27,883$ 140,043,963$ 100.0%
* Extended Maturity
Item # 5A
Date: 3 -28-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT SALEM CIVIC CENTER
AGENDA ITEM: Amendment to the City Code – Chapter 106
Consider ordinance on second reading amending Chapter 106,
Zoning, Article IV. Development Standards, Section 106-400
pertaining to site plan review. Approved on first reading at the
March 14, 2022 Council meeting.
SUBMITTED BY: Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
The proposed amendment to the Zoning Ordinance is regarding the requirements for site
plan review. There are three housekeeping items. One is the allowance of agreements in
lieu of plan, approved by the City Engineer, for sites that result in a 5,000-9,999 square foot
increase in impervious surface area of the site. This is done in practice but is not explicitly
stated in the code. The second is amending the responsible party from the Director of
Planning and Development (which is a position that no longer exists) to the Zoning
Administrator who has authority over the Zoning Ordinance. The third is the specifications
of the format of the site plan. This section applies to the scale and type of documents
submitted for review.
The proposed amendment includes the addition of the minor site plan. There are many
instances that only a one- or two-page plan is required for review, instead of the full 20-page
or so submittal. Currently, when this is the case, the requirements, the process, and the fee
remain the same for a full site plan. This amendment would allow for the smaller scale
submission. Also included in the proposed amendment is the requirement of elevation
drawings for any site plan. This will assist the city in the review of proposed development.
The attached ordinance was amended for Council consideration to address minor
housekeeping changes.
Staff Recommendation:
Staff is continuously reviewing City Code and recommends making these changes to keep
it up to date and applicable.
Page 1 of 9
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ZONING,
ARTICLE IV, DEVELOPMENT STANDARDS, SECTION 106-400 OF THE CODE
OF THE CITY OF SALEM, VIRGINIA PERTAINING TO SITE PLAN REVIEW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, That Section
106-400, Article IV Development Standards of the CODE OF THE CITY OF SALEM,
VIRGINIA, be amended, revised, and reordained to read as follows:
CHAPTER 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-400. Site plan review.
(A) A site plan shall be required and shall be submitted to the city for each of the following:
1. All new development in every zoning district except for single family and two-family
dwellings.
2. The conversion of any single family or two-family dwelling to any other use or to a
higher intensity residential use.
3. Additions or modifications to buildings or sites, except single family and two-family
dwellings, if said addition or modification results in a 5,000 square foot or greater
increase in impervious surface area of the site. An agreement in lieu of plan may be
approved by the City Engineer for sites resulting in a 5,000-9,999 square foot
increase.
4. The conversion of any property from fee simple ownership to a condominium form of
ownership.
5. The conversion of any building or property to a different use category, e.g.,
commercial to industrial.
6. Additions or modifications that may increase the requirements of any development
standard including but not limited to parking, landscaping, and stormwater
management.
(B) All required site plans shall be prepared by a professional engineer, or land surveyor B, who
is registered by the Commonwealth of Virginia. The city may waive this requirement if the
type, scale or location of the proposed development does not necessitate such plans.
(C) A plot plan, that meets the standards contained in section 106-406.3 shall be required for all
uses or development not requiring a site plan.
(Ord. of 3-14-05(2); Ord. of 1-23-2017(2))
Sec. 106-400.1. Minor site plans.
(A) Site plans as required by this section where the proposed use or development may not
be of such scale and impact that the more detailed major site plan review requirements
Page 2 of 9
are necessary, the Planning and Zoning Administrator may allow the submission of a
minor site plan. The requirements of the minor site plan will be determined based on
the proposed development.
(B) Every minor site plan submitted in accordance with the requirements of this chapter
shall show the following information unless the administrator determines that such
information is not necessary to insure conformance with city ordinances or standards:
1. Location of the lot or parcel by vicinity map. Site plans shall also contain a
north arrow, original date, revision dates and graphical scale.
2. Property lines of the parcel(s) proposed for development, including the
distances and bearings of these lines. If only a portion of a parcel is proposed
for development, a limits of development line shall also be shown.
3. The name and address of the property owner and or developer of the site, if
different than the owner. The name and address of the person or firm
preparing the plan.
4. The tax parcel number(s) of parcels proposed for development and depicted on
the site plan.
5. The name of adjacent property owners and the owners of any property on
which any utility or drainage easement may be required in conjunction with the
development. Tax parcel numbers for each of these properties shall also be
provided.
6. The nature of the land use(s) proposed for the site.
7. The zoning district designation of the parcel(s) proposed for development, and
the zoning designation and current land use of adjacent parcels.
8. The names, and locations of existing and proposed public or private streets,
alleys and easements on or adjacent to the site. The center lines or boundary of
adjacent rights-of-way shall also be shown.
9. The location, type, and size of site access points such as driveways, curb
openings, and crossovers. Sight distances at these access points shall be
provided. If existing median cuts will serve the site, they shall be shown. If new
median cuts are proposed, their location shall also be shown.
10. All proffers accepted pursuant to section 106-522 shall be shown on the plan.
11. Off-street parking areas and parking spaces including handicapped spaces,
loading spaces, and walkways indicating type of surfacing, size, angle of stalls,
width of aisles, and a specific schedule showing the number of spaces provided
and the number required by this chapter.
12. The exact location of buildings or structures existing on or proposed for the site,
including their setbacks from property lines, and the distance between
buildings or structures.
13. The number of stories, floor area, and building height of each building
proposed. If more than one land use is proposed, the floor area of each land use
Page 3 of 9
shall be provided. Floor area shall be calculated on the basis of parking
required for the use(s).
14. For residential developments, the type of dwelling unit shall be stated along
with the number of units proposed. Where necessary for determining the
number of required parking spaces, the number of bedrooms in each unit shall
also be provided.
15. The location of proposed or required fire lanes and signs.
16. Detailed utility plans and calculations shall be submitted for sites for which
public water or sewer will be provided or for sites on which existing utilities will
be modified. The City Engineer shall have the authority to set the standards for
such plans.
17. The location of existing and proposed freestanding signs on the parcel.
18. The location and type of proposed exterior site lighting, including height of
poles and type of fixtures.
19. The location of any 100-year flood plain and floodway on the site, and the
relationship of buildings and structures to this floodplain and floodway.
20. The location of required proposed buffer yards, screening, fencing, and site
landscaping and irrigation. The type and size of the plant materials and
screening to be used shall be provided. In addition, the relationship of these
materials to physical site improvement and easements shall be provided.
21. Elevation drawings of, at minimum, the view from the public rights-of-way.
Additional views may be required.
Sec. 106-400.12. Preliminary site plans.
(A) Applicants for major site plan approval may submit a preliminary site plan to the city for
review and approval prior to preparing a final site plan. The preliminary site plan shall show
the general location of all existing and proposed land uses and site features. Specifically, it
shall include the following information:
1. The name and location of the proposed development.
2. The boundary of the entire tract showing distances and bearings.
3. The name and address of the property owner and or developer of the site, if different
than the owner. The name and address of the person or firm preparing the plan.
4. Area and present zoning of the site proposed for development.
5. Adjacent and abutting properties with information on ownership, zoning and current
use.
6. Location of the lot or parcel by vicinity map. Site plans shall also contain a north
arrow, original date, revision dates and graphical scale.
Created: 2021-08-17 14:59:57 [EST]
(Supp. No. 22, Update 2)
Page 4 of 9
7. The names, and locations of existing and proposed public or private streets, alleys and
easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-
way shall also be shown.
8. The exact location of buildings or structures existing on or proposed for the site,
including their setbacks from property lines, and the distance between buildings or
structures.
9. The existing topography of the parcel prior to grading, and the proposed finished
contours of the site with a maximum of two-foot contour intervals.
(B) The city shall review the preliminary site plan and shall advise the applicant whether or not
the features and uses shown on the preliminary plan generally conform to the provisions of
this chapter and any other applicable city ordinance and requirement. If the features and
uses shown on the preliminary plan generally conform to the provisions of this chapter, the
city shall advise the applicant of the approval of the preliminary plan and shall authorize the
applicant to prepare and submit a final site plan. If the features and uses shown on the
preliminary plan do not conform to the provisions of this chapter, the city shall advise the
applicant in writing, and shall advise the applicant on what changes to the preliminary plan
are necessary prior to approval.
(Ord. of 3-14-05(2))
Sec. 106-400.3. Final site plans.
(A) Every final site plan submitted in accordance with the requirements of this chapter shall
show the following information unless the administrator determines that such information is
not necessary to insure conformance with city ordinances or standards:
1. Location of the lot or parcel by vicinity map. Site plans shall also contain a north
arrow, original date, revision dates and graphical scale.
2. Property lines of the parcel(s) proposed for development, including the distances and
bearings of these lines. If only a portion of a parcel is proposed for development, a
limits of development line shall also be shown.
3. The name and address of the property owner and or developer of the site, if different
than the owner. The name and address of the person or firm preparing the plan.
4. The tax parcel number(s) of parcels proposed for development and depicted on the site
plan.
5. The name of adjacent property owners and the owners of any property on which any
utility or drainage easement may be required in conjunction with the development. Tax
parcel numbers for each of these properties shall also be provided.
6. The nature of the land use(s) proposed for the site.
7. The zoning district designation of the parcel(s) proposed for development, and the
zoning designation and current land use of adjacent parcels.
Page 5 of 9
8. The names, and locations of existing and proposed public or private streets, alleys and
easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-
way shall also be shown.
9. The location, type, and size of site access points such as driveways, curb openings, and
crossovers. Sight distances at these access points shall be provided. If existing median
cuts will serve the site, they shall be shown. If new median cuts are proposed, their
location shall also be shown.
10. All proffers accepted pursuant to section 106-522 shall be shown on the plan.
11. Off-street parking areas and parking spaces including handicapped spaces, loading
spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of spaces provided and the number
required by this chapter.
12. The exact location of buildings or structures existing on or proposed for the site,
including their setbacks from property lines, and the distance between buildings or
structures.
13. The number of stories, floor area, and building height of each building proposed. If
more than one land use is proposed, the floor area of each land use shall be provided.
Floor area shall be calculated on the basis of parking required for the use(s).
14. For residential developments, the type of dwelling unit shall be stated along with the
number of units proposed. Where necessary for determining the number of required
parking spaces, the number of bedrooms in each unit shall also be provided.
15. The location of proposed or required fire lanes and signs.
16. The existing topography of the parcel prior to grading, and the proposed finished
contours of the site with a maximum of two-foot contour intervals.
17. Detailed utility plans and calculations shall be submitted for sites for which public
water or sewer will be provided or for sites on which existing utilities will be modified.
The City Engineer shall have the authority to set the standards for such plans.
18. An erosion and sedimentation control plan and detail sheet shall be submitted for site
developments involving the grading disturbance of greater than 5,000 square feet of
area, or 1,000 cubic yards of material.
19. A detailed storm water management plan and calculations shall be submitted. The City
Engineer shall determine the requirements for such plans.
20. The location of existing and proposed freestanding signs on the parcel.
21. The location and type of proposed exterior site lighting, including height of poles and
type of fixtures.
22. The location of any 100-year flood plain and floodway on the site, and the relationship
of buildings and structures to this floodplain and floodway.
23. The location of required or proposed buffer yards, screening, fencing, and site
landscaping and irrigation. The type and size of the plant materials and screening to be
Page 6 of 9
used shall be provided. In addition, the relationship of these materials to physical site
improvements and easements shall be provided.
24. Elevation drawings of, at minimum, the view from the public rights-of-way.
Additional views may be required.
(Ord. of 3-14-05(2))
Sec. 106-400.5. Format of plans.
(A) Site plans shall be submitted in digital format in accordance with the following:
1. The file format shall be PDF.
2. Black and White or Grayscale unless color is a necessity.
3. 50mb file size limit.
4. Sheet size ARCH D, 24 by 36 inches.
5. Plans shall be designed using an engineering scale. Scale of the plans shall not
be greater than one-inch equals ten feet (1” = 10’), or less than one-inch equals
50 feet (1” = 50’). The Planning and Zoning Administrator may approve a
lesser scale such as 1” = 100’ provided sufficient detail is provided to ensure
compliance with all applicable requirements.
6. All sheets shall be properly numbered, and match lines provided when
appropriate.
7. Prior to final approval by the city, site plans shall be signed by the owner or
developer of the parcel(s) proposed for development. The signature shall certify
that the owner/developer is aware of the site design requirements imposed by
the site plan and other applicable city codes and shall further certify that the
owner/developer agrees to comply with these requirements, unless modified in
accordance with local law.
(A) Site plans shall be submitted on sheets no greater in size than 24 by 44 inches. A sheet size
of 24 by 36 inches is required. The scale of the plans shall not be greater than one-inch
equals ten feet (1"=10'), or less than one inch equals 50 feet (1"=50'). Plans shall be
designed using an engineering scale. The Director of Planning and Development may
approve a lesser scale such as 1"=100' provided sufficient detail is provided to ensure
compliance with all applicable requirements of this chapter and any other requirement or
ordinance of the city or Commonwealth.
(B) If more than one sheet is used to supply the information required by this chapter, sheets
shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate
where the plans join.
(C) Prior to final approval by the city, site plans shall be signed by the owner or developer of
the parcel(s) proposed for development. The signature shall certify that the owner/developer
is aware of the site design requirements imposed by the site plan and other applicable city
Page 7 of 9
codes and shall further certify that the owner/developer agrees to comply with these
requirements, unless modified in accordance with local law.
(D) After approval, the city may require that all approved plans be submitted to the city in
digital format.
(Ord. of 3-14-05(2))
Sec. 106-400.7. Administrative procedures and requirements.
(A) The Director of Planning and Development Zoning Administrator shall have the
administrative authority to establish city procedures for site plan review and approval. No
procedure so established shall set a lesser standard than is legislated in this chapter.
(B) The Director of Planning and Development Zoning Administrator shall coordinate the city
review of any site plan submitted in accordance with city administrative procedures and
shall have the authority to request opinions or decisions from other city departments,
agencies or authorities of the Commonwealth of Virginia, or from other persons as may
from time to time be consulted.
(C) A minimum of ten complete sets of site plans shall be submitted for review. A review fee
shall be required for any site plan submitted. The city shall establish procedures for the
collection of these fees.
(D) The city shall review and approve or disapprove any site plan submitted for its review
within 45 days of the filing of the plan with the city. If an unapproved site plan is returned
to the applicant or other agent of the property owner, due to lack of required information on
the plan, or because the design or standards proposed on the site plan do not meet the
provisions of this chapter or other applicable city standards, the 45-day time period shall
begin again with the resubmittal of the plan to the city.
(E) Approval of a final site plan pursuant to the provisions of this chapter shall expire five years
from the date of approval in accordance with § 15.2-2261 of the Code of Virginia, as
amended, unless building and/or zoning permits have been obtained for the development.
(F) No building or zoning permit shall be issued by any city official for any building, structure
or use depicted on a required site plan, until such time as the plan is approved by the city.
(G) No change, revision, or erasure shall be made on any pending or approved site plan, nor on
any accompanying data sheet where approval has been endorsed on the plan or sheets,
unless authorization for such changes is granted in writing by the Director of Planning and
Development Zoning Administrator who shall consult with all applicable departments or
agencies prior to approving the change.
(Ord. of 3-14-05(2))
Sec. 106-400.9. Minimum standards and improvements required.
(A) Any improvement required by this chapter, or any other ordinance of the City of Salem
shall be installed at the cost of the developer unless other agreements have been reached
Page 8 of 9
between the developer, the city, the Virginia Department of Transportation, and/or any other
governmental agency.
(B) Prior to the approval of a site plan the applicant shall execute an agreement to construct
required or proposed improvements located within public rights-of-way or easements or any
such improvement connected to any public facility. The applicant shall also file a
performance guarantee with surety acceptable to the city in the amount of the estimated cost
of the improvements plus ten percent contingency, as determined by the city engineer. The
owner's performance guarantee shall not be released until the construction has been
inspected and accepted by the city
(C) Proposed lot sizes, buildings or uses shown on site plans shall conform to the provisions of
this chapter. Nonconforming lots of record, buildings or uses may be developed in
accordance with section 106-526 of this chapter.
(D) Proposed parking areas, travel lanes and access drives shown on site plans shall be
designed, located and constructed in accordance with section 106-404 of this chapter.
(E) Utilities shown on site plans shall conform to applicable city standards, as determined by
the city engineer.
(F) Stormwater management facilities shown on site plans shall engineer be designed and
implemented in accordance with the provisions of chapter 30, article IV, of the City Code.
(G) Erosion and sedimentation control plans shall be designed and implemented in accordance
with the provisions of chapter 30, article III, of the City Code.
(H) Proposed exterior site lighting shall be in accordance with section 106-406.1 of this
ordinance.
(I) Required buffer yards, screening and/or landscaping shown on site plans shall be designed
and located in accordance with section 106-402 of this ordinance.
(Ord. of 3-14-05(2); Ord. of 3-10-08(5))
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the
same are hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Page 9 of 9
Upon a call for an aye and a nay vote, the same stood as follows:
John E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
__________________________
Mayor
ATTEST:
___________________________
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item # 5B
Date: 3 -28-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT SALEM CIVIC CENTER
AGENDA ITEM: Amendment to the City Code – Chapter 78
Consider ordinance on second reading amending Chapter 78,
Subdivisions, Article I Generally, Sections 78-103 and 78-105,
Article II Administration, 78-201, Article III Definitions, Section
78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-
406, 78-408, 78-416, and 78-421.4 of the CODE OF THE CITY
OF SALEM, VIRGINIA pertaining to the review of subdivision
site plans and plats. Approved at the March 14, 2022 Council
meeting.
SUBMITTED BY: Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
The proposed amendment to the Subdivision Ordinance is regarding the requirements for
submittal and approval of subdivision plats and subdivision site plans. The proposal is in an
effort to simplify the current process. There are four housekeeping items. The first is the
definition of subdivision site plans. This change clarifies that the required plan is a
subdivision site plan. The second is the clarification of the agents. Through the adoption of
the Planning Commission by-laws, the City Manager, and Director of Community
Development shall serve as the agents of the Planning Commission. The third is amending
the responsible party from the Director of Planning and Development (which is a position
that no longer exists) to the Director of Community Development. The fourth are the
specifications of the format of the plats and subdivision site plans. These sections apply to
the scale and type of documents submitted for review.
The proposed amendment includes a change in the approval process of major subdivisions as
required by the Code of Virginia. Section 15.2-2260 states that the city can require a
preliminary plat for a major subdivision involving 50 or more lots. However, a preliminary
plat must be optional for a major subdivision involving less than 50 lots.
The proposed amendment also includes a change in the current process of major
subdivisions. Currently it is required that the preliminary plat, the final plat, and the site plan
be approved by the Planning Commission. With a large development with multiple sections
this can be a confusing and time-consuming process. It is proposed to streamline the process
by requiring only the final plat to be approved by the Commission. The preliminary plat and
subdivision site plan would be approved administratively.
The proposed amendment also includes a change that the Commission must approve any
final plat recordation extension for a multiple phased project.
Staff Recommendation:
Staff is continuously reviewing City Code and recommends making these changes to keep
it up to date and applicable.
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 78, SUBDIVISIONS,
ARTICLE I GENERALLY, SECTIONS 78-103 AND 78-105, ARTICLE II ADMINISTRATION, 78-
201, ARTICLE III DEFINITIONS, SECTION 78-300, ARTICLE IV REVIEW OF PLATS, SECTIONS
78-402, 78-403, 78-406, 78-408, 78-416, AND 78-421.4 OF THE CODE OF THE CITY OF SALEM,
VIRGINIA PERTAINING TO THE REVIEW OF SUBDIVISION SITE PLANS AND PLATS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, That Sections 78-
103 and 78-105, Article I Generally, 78-201, Article II Administration, Section 78-300, Article
III Definitions, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4, Article IV
Review of Plats of the CODE OF THE CITY OF SALEM, VIRGINIA, be amended, revised,
and reordained to read as follows:
Chapter 78 SUBDIVISIONS
ARTICLE I. GENERALLY
Sec. 78-100. Title.
This chapter shall be known and cited as the "Subdivision Ordinance of Salem Virginia," or the "Subdivision
Ordinance."
(Ord. of 3-14-05(1))
Sec. 78-101. Policy.
(a) Land to be subdivided within the City of Salem shall be of a character that it can be used safely for building
purposes without danger to health or peril from fire, flood, or other menace. Land shall not be subdivided until
adequate public facilities and improvements exist and proper provision has been made for drainage, public
water, and public sewer.
(b) Proposed public improvements shall conform to proposals as may be shown in the comprehensive plan and the
capital improvement program of the city. It is intended that these regulations shall supplement and facilitate
the enforcement of the provisions and standards contained in the building code, the zoning ordinance, the
comprehensive plan, and the capital improvement program of the city.
(c) Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be
brought within the scope of these regulations to further the purposes of this chapter.
(Ord. of 3-14-05(1))
Sec. 78-102. Purpose.
The purpose of this chapter is to establish procedures and regulations for the subdivision of land within the
corporate limits of the City of Salem, Virginia, and to accomplish the following objectives:
(1) To achieve the orderly development of land through reasonable standards of design and procedures for
subdivision and re-subdivision of land; and ensure proper legal description and marketing of subdivided
land.
(2) To protect and provide for the public health, safety and general welfare.
(3) To guide future growth and development in accordance with the policies of the comprehensive plan;
applicable zoning regulations and any other adopted policy documents of the city.
(4) To provide for the orderly extension of public water and sewer, streets, sidewal ks and bikeways,
stormwater facilities, and other public facility services in a safe, adequate and efficient manner; to secure
adequate provision of street lighting, fire and police protection, recreation and educational facilities, and
similar municipal services.
(5) To coordinate proposed public facilities and streets in new subdivisions with existing public services in a
manner that minimizes adverse effects on adjacent or nearby neighborhoods.
(6) To reduce and prevent air, soil, noise, water pollutio n, and flooding; and to insure appropriate
development with regard to natural resources and features, and open space which will contribute to the
beauty of the community and value of the land.
(7) To promote the economic, social and environmental stability of the community and to protect the
character of Salem through the encouragement of beneficial and balanced urban development patterns.
(Ord. of 3-14-05(1))
Sec. 78-103. Jurisdiction and applicability of chapter.
(a) These regulations shall govern the subdivision of all land located within the corporate limits of the city
occurring on or after the effective date of this chapter. No land may be subdivided through the use of any legal
description other than a plat approved by the Planning Commission or agent in accordance with this chapter.
(b) No existing subdivision shall be modified except by approval in accordance with this and other applicable
ordinances of the city.
(c) This chapter shall govern residential and nonresidential subdivisions.
(Ord. of 3-14-05(1))
Sec. 78-104. Adoption, amendment, and recordation of this ordinance.
(a) The planning commission shall prepare and recommend the subdivision ordinance and transmit it to the city
council. The city council shall approve and adopt a subdivision ordinance only after notice has been published,
and a public hearing held, in accordance with § 15.2 -2204 of the Code of Virginia.
(b) The planning commission may, or at the request of the city council shall, prepare and recommend amendments
to the subdivision ordinance. The procedure for amendments shall be the same as for the preparation,
recommendation, approval and adoption of the original ordinance; provided that no amendment shall be
adopted by the city council without a referral of the proposed amendment to the planning commission for
recommendation, nor until 60 days after such referral, if no recommendation is made by the planning
commission.
(c) When the subdivision ordinance has been adopted or amended, a certified copy of the ordinance and any and
all amendments thereto shall be filed in the office of the city manager, and in the clerk's office of the Salem
Circuit Court.
(Ord. of 3-14-05(1))
Sec. 78-105. Interpretation.
The provisions of this chapter shall be the minimum requirements for submission, preparation and recordation
of all plats and subdivision site plans. Words used in the present tense include the future tense, except where the
natural construction of this chapter indicates otherwise; words in the singular number include the plural number, and
words in the plural include the singular; "shall" is ma ndatory and not discretionary; "may" is permissive.
(Ord. of 3-14-05(1))
Sec. 78-106. Effective date.
(a) This chapter shall be effective on July 1, 2005.
(b) Any subdivision for which a preliminary or final plat has received written approval prior to the effective date
of this chapter and for which a final plat for the subdivision or a section thereof is recorded within one y ear of
the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date
of such approval.
(Ord. of 3-14-05(1))
Sec. 78-107. Relationship to zoning ordinance.
(a) The Salem Zoning Ordinance and zoning map shall control the type and intensity of use of all property within
the city.
(Ord. of 3-14-05(1))
ARTICLE II. ADMINISTRATION
Sec. 78-200. Planning commission.
(a) The planning commission, or its designated agent, shall have the authority to review, approve and disapprove
the preliminary and final plats for all subdivisions of land within the corporate limits of the City of Salem . The
planning commission shall perform its duties in regard to subdivisions in accordance with this chapter, and the
Land Subdivision and Development Act, Title 15.2, Chapter 22, Article 6 of the Code of Virginia.
(Ord. of 3-14-05(1))
Sec. 78-201. Agent.
(a) The planning commission or its designee is appointed to be the by city council's agent, to administer and
enforce this chapter. The agent's approval, disapproval, or other action shall be that of the governing body.
(b) The planning commission’s agent shall be appointed by planning commission to administer and enforce
this chapter.
(b)(c) The planning commission or its designee agent shall exercise authority to review, approve and disapprove
plans for the construction of public facilities within all new subdivisions within the corporate limits of the City
of Salem.
(c)(d) All departments, officials and public employees of the city who are vested with the duty or authority to issue
permits or approvals under this chapter shall adhere and conform to the provisions of this chapter. Any such
approvals or permits issued in conflict with the provisions of this chapter shall be null and void.
(Ord. of 3-14-05(1))
Sec. 78-201.1. Agent authority to consult.
(a) The planning commission or its agent may call for opinions or decisions, either oral or written, from other
departments or agencies in considering details of any submitted plat.
(Ord. of 3-14-05(1))
Sec. 78-201.2. Agent additional authority.
(a) The agent may establish any reasonable administrative procedures deemed necessary for the proper
administration of this chapter.
(Ord. of 3-14-05(1))
Secs. 78-202, 78-203. Reserved.
Sec. 78-204. Enforcement.
(a) No person shall subdivide any tract of land that is located within the juri sdiction of the city except in
conformity with the provisions of this chapter and any other applicable city ordinance.
(b) No person shall subdivide land without making and recording a plat of such subdivision and without fully
complying with the provisio ns of this subdivision chapter and of general law.
(c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved
by the planning commission, or its designee, as appropriate.
(d) No person shall sell or transfer any land of a subdivision before the plat has been approved and recorded as
provided herein unless such subdivision was lawfully created prior to the adoption of this chapter or any
predecessor subdivision ordinance; provided, however, that nothi ng herein shall be construed as preventing the
passage of title of property.
(e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than
$500.00 for each lot or parcel of land so subdivided or transferred or sold; and the description of such lot or
parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or
transferring shall not exempt the transaction from such penalties or from the remedies herein provided.
(f) The agent and city attorney may take such other legal action as may be necessary to enforce the provisions of
this chapter, including suit for injunction, for abatement or restraining order or other appropriate proceeding.
(g) The zoning administrator shall not approve a site development plan nor issue a zoning permit for any lot that
was created in violation of this chapter.
(Ord. of 3-14-05(1))
Sec. 78-205. Fees.
(a) City council shall established reasonable fees for the administration of these provisions. A copy of these fees
shall be available in the office of the city manager.
(Ord. of 3-14-05(1))
Sec. 78-206. Waivers authorized.
(a) In cases of unusual situations or where strict adherence to the general regulations in this chapter would result
in substantial injustice or hardship, the planning commission, may waive standards contained in Article VI of
this chapter, under the terms, procedures, and conditions established in this chapter. No waiver shall be
granted which is illegal or which would prejudice the health and safety of citizens of the city.
(Ord. of 3-14-05(1))
Sec. 78-206.1. Waiver process.
(a) Each request for a waiver from the terms of this chapter shall be made in writing by the subdivider, stating
specifically the provision from which the waiver is requested, and the grounds therefore. Where possible, the
subdivider should submit a request for a waiver with the preliminary plat submission. All waiver re quests shall
be accompanied by such plats, drawings, and engineering documents required by the agent to allow the
planning commission to understand and act on the waiver.
(Ord. of 3-14-05(1))
Sec. 78-206.2. Authority to grant waiver.
(a) The planning commission shall review, approve or disapprove any request for a waiver.
(Ord. of 3-14-05(1))
Sec. 78-206.3. Time period for consideration of waiver request; notice.
(a) The planning commission shall take action on a request for a waiver within 60 days after the application is
filed at least ten days prior to final action, the planning commission shall give written notice by regular mail or
by delivery to landowners adjoining the plat involved in the request.
(Ord. of 3-14-05(1))
Sec. 78-206.4. Action on waiver request.
(a) The planning commission shall grant or deny each request in writing, stating the reasons therefore. The action
of the planning commission shall be final. As to each waiver, the planning commission shall preserve and
record the application and the basis for the waiver or denial of the waiver.
(Ord. of 3-14-05(1))
Secs. 78-207—78-299. Reserved.
ARTICLE III. DEFINITIONS
Sec. 78-300. Definitions.
(a) For the purposes of this chapter, the words and terms set out in this section shall have the meanings described
below. Any word or phrase used in this chapter shall have the same meaning as that set forth in the City of
Salem Zoning Ordinance.
(b) Definitions:
Acceptance: The point when the public improvement is either:
(1) Accepted by resolution of the city council; or
(2) Taken over for operation and maintenance by the city or other public authority which is
responsible for maintaining and for operating such facility upon acceptance.
Agent: A r Representatives of the city council planning commission who has have been appointed to
serve as its agent in administering this chapter, as hereinafter is specifically provided.
Aggrieved person: A person or group of people with an immediate, pecuniary and substantial interest in
a subdivision as opposed to a remote or indirect interest. The subdivider may be an aggrieved person. A
person is also aggrieved if the person suffers a denial of some personal or prop erty right or imposition of a
burden or obligation different from that suffered by the public in general.
Alley: A service roadway providing a secondary means of access to abutting property and not intended
for general traffic circulation.
Boundary line adjustment: The adjustment of a common lot line between two or more lots within a
subdivision, or the vacation of a lot line for the purpose of combining two or more lots. A boundary line
adjustment shall not include any action which results in the creatio n of one or more additional building lots,
nor the vacation of any street, alley, access easement, or other public feature.
CBR: California Bearing Ratio.
Chapter: The "Subdivision Ordinance of Salem Virginia.
Circuit Court: The Salem Virginia Circuit Court.
Commission: The planning commission of Salem, Virginia.
Dedication: The transfer of private property to public ownership and use as a requirement of plat and/or
plan approval.
Final subdivision plat: The map of a subdivision submitted to the agent for final approval and
subsequently to be recorded with the Clerk of the Salem Circuit Court.
Governing body: The City Council of Salem, Virginia.
Major subdivision: A subdivision creating six or more lots, or any subdivision involving the creation of
a public or private rights-of-way.
Minor subdivision: A subdivision creating five or fewer lots.
Performance security: Cash in the form of a certified check payable to the city, cash escrow agreement,
or letter of credit.
Subdivision Site Plan: The maps or drawings accompanying a subdivision plat and showing the specific
location and design of public improvements to be installed in the subdivision in accordance with the
requirements of the Subdivision Ordinance as a condition of approval of the plat.
Preliminary plat: The preliminary drawing or drawings, including the elements required by this chapter,
indicating the proposed manner or layout of the subdivision to be submitted for approval.
Public improvement: Any drainage ditch, roadway, parkway, sidewalk, bicycle or pedestrian way, or
other facility for which the City may ultimately assume the responsibility for maintenance and operation, or
which may effect an improvement for which local government responsibility is established.
Resubdivision: A change in a map or an approved or existing subdivision plat if such change affects any
street layout on such map or area reserved thereon for public use or any lot line.
Sidewalk: A paved walk located in a right-of-way adjacent to the public street.
Street, arterial: A heavily traveled thoroughfare or highway that carries a large volume of through
traffic.
Street, collector: A street that conducts traffic between arterial and local streets and provides for the
collection of traffic within, or for an entrance to, or a principal means of circulation within one or more
subdivisions.
Street, cul-de-sac: A street with only one outlet and an appropriate turnaround for a safe and convenient
reversal of traffic movement.
Street, local: A street that provides direct public access to the abutting properties.
Street width: The total width of the improved vehicle travel way as measured from face of curb to face
of curb, or edge of pavement to edge of pavement for roads without a curb.
Subdivide: To divide any tract, parcel or lot of land into two or more parts for the purpose, whether
immediate or future, of transfer of ownership or building development, and including all changes in street or
lot lines.
Subdivider: An individual, corporation, partnership, or other entity owning any property to be
subdivided.
VDOT: Virginia Department of Transportation.
(Ord. of 3-14-05(1))
Secs. 78-301—78-399. Reserved.
ARTICLE IV. REVIEW OF PLATS
Sec. 78-400. Submission of plat and plans to agent.
(a) Whenever the owner of any tract of land located at least in part within the city desires to subdivide the tract,
and before the sale of any lot located in said subdivision, the subdivider shall submit a plat and subdivision
site plan of the proposed subdivision to the agent. The agent shall process the plat and plan in accordance with
the provisions of this article.
(b) Any change in a recorded subdivision plat that modifies, or creates lot lines shall be approved in the manner
and under the requirements provided herein. This section applies to any subdivision plat of record, whether or
not recorded prior to the adoption of a subdivision ordinance. Where a street, alley, easement for public
passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent
part thereof, shall be vacated prior to resubdivision.
(Ord. of 3-14-05(1))
Sec. 78-401. Boundary line adjustments.
(a) Notwithstanding, subsection 78-400(b) above, the agent may waive the procedural requirements of this
chapter and approve the minor adjustment of boundary lines of any two legal lots or record, provided no
additional lots are created. No such boundary line adjustment shall involve the relocation of any street, alley,
easement for public passage, or other public area. No easement or utility rights -of-way shall be adjusted or
relocated without the express consent of all persons holding any interest therein.
(b) All boundary line adjustments shall be depicted on a valid plat which shall be executed, acknowledged, and
recorded by the owner or owners of such land as provided in § 15.2 -2264 of the Code of Virginia.
(c) No boundary line adjustment shall result in the creation of any new violation of the zoning ordinance,
however, any existing nonconformity of lot size, frontage or setback may continue so long as such
nonconformity is not enlarged, extended, or expanded.
(Ord. of 3-14-05(1))
Sec. 78-402. Approval process, major subdivision.
(a) Any applicant for a major subdivision involving more than 50 lots shall submit a preliminary plat to the
planning commission agent for review. Any applicant for a major subdivision involving 50 or fewer lots
may submit a preliminary plat. After the approval of the preliminary plat by the agent, the applicant shall
submit a final plat to the Planning Commission and a subdivision site plan to the planning commission
agent for review and approval.
(Ord. of 3-14-05(1))
Sec. 78-403. Approval process, minor subdivision.
(a) Any applicant for a minor subdivision shall submit a preliminary plat and final plat and subdivision site plan,
if required, plans to the City of Salem Director of Planning and Development Community Development,
who shall be authorized to coordinate the review and approval of said plats and plans. The Director of
Planning and Development Community Development shall have the right to refer any minor subdivision to
the planning commission for its review and approval.
(Ord. of 3-14-05(1))
Sec. 78-404. Series of minor subdivision plats.
(a) The agent may determine that a series of minor subdivision plats in fact constitutes a major subdivision if the
series of plats relates to the same parcels or related groups of parcels. If the agent determines that the series of
plats in fact constitutes a major subdivision then the agent shall require the subdivider to follow the process for
the review of major subdivision plats.
(Ord. of 3-14-05(1))
Sec. 78-405. Changing plats after approval.
(a) No change, erasure or revision shall be made on any preliminary or final plat of a subdivision, nor on
accompanying plans, after approval by the planning commission or agent, unless authorization for such change
has been granted in writing by the planning commission or agent. In no case shall the planning commission or
agent approve a revision of a previously approved plat unless the date of the revision and the fact that it is a
revised plat is clearly stated thereon.
(Ord. of 3-14-05(1))
Sec. 78-406. Pre-application conference.
(a) The applicant shall may schedule a conference with the agent to review a concept sketch for an y proposed
minor or major subdivision, in order to determine whether the sketch generally meets the requirements of the
zoning and subdivision ordinances, and to identify any concerns or issues raised by the proposed subdivision.
The agent's comments on the sketch shall be informal, and shall not constitute a formal approval or
disapproval of the subdivision plat.
(Ord. of 3-14-05(1))
Sec. 78-407. Concept sketch standards.
(a) The concept sketch should conform to the following guidelines:
(1) Be drawn on white paper or on a print of a topographic map of the property.
(2) Be at a scale of not less than 200 feet to the inch.
(3) Include the name, location, dimensions of all streets entering the property, adjacent to the property or
terminating at the boundary of the property to be subdivided.
(4) Show the approximate location of natural features, such as watercourses and slop es with approximate
gradients.
(5) Show the approximate location and dimensions of all proposed streets, lots, parks, playgrounds and
other proposed uses of the land to be subdivided.
(6) Include the approximate dimensions of the property to be subdivide d.
(Ord. of 3-14-05(1))
Sec. 78-408. Preliminary plats.
Sec. 78-408.1. Size and information required on a preliminary plat.
(a) All preliminary plats shall be either 17 by 22 inches or 24 by 36 18 x 24 inches in size, and submitted in
digital format.
(b) Prior to final approval by the planning commission or agent, the preliminary plat shall be signed by the owner
of the land proposed for subdivision. The signature shall certify that the owner is aware of the requirements
imposed by the plat and applicable city codes, and shall further certify that the owner agrees to comply with
these requirements, unless modified in accordance with the City Code.
(c) The preliminary plat shall demonstrate compliance with the requirements of the Salem Zoning Ordinance and
this chapter. The agent may require the following elements:
(1) Name of the subdivision, with the notation, "Preliminary Plat".
(2) Name(s) of owner(s) of subdivision.
(3) Name of surveyor or engineer.
(4) Location of proposed subdivision by vicinity map showing adjoining roads, and names of roads.
(5) Adjoining subdivisions.
(6) Parcel tax numbers.
(7) Deed references.
(8) True, record or grid north.
(9) Identification of any graves, objects, or structures marking a place of human burial.
(10) Scale of drawing.
(11) Boundary survey.
(12) Total acreage in overall parcel or parcels involved.
(13) Total acreage of subdivided area.
(14) Number of lots.
(15) Area of each lot.
(16) Frontage of each lot.
(17) Purpose of dedication of land to public use, if any.
(18) Area, if any, in common open space, park or public lands.
(19) Names of all existing, platted and proposed streets.
(20) Width of existing, platted and proposed streets.
(21) Location of existing buildings within the boundaries of the tract.
(22) Existing and proposed utility and other easements.
(23) Any sidewalks or bikeways proposed.
(24) Existing and proposed storm drainage facilities and provisions for stormwater management.
(25) Location and names of water courses.
(26) Topography at contour intervals satisfactory to the agent for full engineering review.
(27) Road profiles showing existing and proposed street grades.
(28) Proposed connections with existing sanitary sewers.
(29) Proposed connections with existing water supply.
(30) Contiguous land owned or controlled by the subdivider.
(Ord. of 3-14-05(1))
Sec. 78-408.2. Metes and bounds descriptions—Preliminary plats.
(a) Metes and bounds descriptions on a preliminary plat shall include distances measured to the nearest hundredth
of a foot, and bearings to the nearest second.
(Ord. of 3-14-05(1))
Sec. 78-408.3. Acceptance of preliminary plat and subdivision site plan.
(a) The agent or planning commission is authorized to reject a preliminary plat or subdivision site plan on
account of significant deficiencies.
(b) Preliminary plats or subdivision site plans which are found deficient shall not be accepted until the
deficiencies have been properly addressed and remedied. Resubmittals shall reactivate the review period.
(c) A preliminary plat or subdivision site plan accepted for review and accompanied by the correct fee shall be
deemed officially submitted to the city.
(d) For minor all subdivisions, the agent shall review the accepted preliminary plat and subdivision site plan. For
major subdivisions, the agent shall forward the accepted preliminary plat and accompanying plans to the
planning commission for review.
(Ord. of 3-14-05(1))
Sec. 78-408.4. Review of preliminary plats.
(a) The preliminary plat for each phase of a multi-phased development shall demonstrate compliance with this
chapter, the zoning ordinance, and other applicable city standards and ordinances.
(b) The planning commission or agent shall act to approve or disapprove the preliminary plat within 60 days of its
acceptance; provided, however, that if referral to a state agency for review is necessary, the planning
commission or agent shall act within 45 days after receiving approval from all state agencies. If a plat is
disapproved, the planning commission or agent shall state the reasons therefore and shall state what
corrections or modifications will permit approval of the preliminary plat by the planning commission or agent.
(Ord. of 3-14-05(1))
Sec. 78-408.5. Term of validity of preliminary plat.
(a) A preliminary subdivision plat remains valid for five years from the date of approval provided the
subdivider submits a final subdivision plat for all or a portion of the property within one year of such
approval and thereafter diligently pursues approval of the final subdivision plat. "Diligent pursuit of
approval" means that the subdivider has incurred extensive obligations or substantial expenses
relating to the submitted final subdivision plat or modifications thereto. However, no sooner than
three years following such preliminary subdivision plat approval, and upon 90 days' written notice
by certified mail to the subdivider, the commission or agent may revoke such approval upon a
specific finding of facts that the subdivider has not diligently pursued approval of the final
subdivision plat.
(b) The final plat and final plan shall meet all of the submittal requirements established by this chapter for the
subdivision or section thereof. Failure to do so shall make the preliminary plat approvals null and voi d.
(Ord. of 3-14-05(1))
Sec. 78-408.6. Multi-phase subdivisions.
(a) When the planning commission approves the preliminary plat of a multi -phase subdivision, After approval of
the preliminary plat by the agent, the subdivider may request an extensio n it may approve an extended
period for the recordation of the final plats of the subdivision from the Planning Commission. The final plats
for all phases must be recorded within five years of the first recordation of a final plat for any phase, unless
this period is extended by the planning commission at the time within 45 days of the approval of the
preliminary plat. The planning commission may grant the extension for such time as it may deem to be
reasonable, taking into consideration the size and phasing of the proposed subdivision. The final plats for
unrecorded phases shall be subject to the terms and conditions of the engineering and construction standards
and zoning requirements in effect at the time that each remaining phase is recorded, except if they conflict
directly with the approved preliminary plat.
(Ord. of 3-14-05(1))
Sec. 78-408.7. Appeal of failure to act on preliminary plat.
(a) If the planning commission or agent fails to approve or disapprove the preliminary plat within 90 days after it
has been officially submitted for approval, the subdivider, after ten days' written notice to the planning
commission or agent, may petition the circuit court for an order with respect thereto as it deems proper, which
may include directing approval of the plat.
(Ord. of 3-14-05(1))
Sec. 78-408.8. Appeal of disapproval of preliminary plat.
(a) If the planning commission or agent disapproves a preliminary plat and the subdivider contends that the
disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, the
subdivider may appeal to the circuit court which shall hear and determine the case as soon as may be. The
appeal must be filed with the circuit court within 60 days of the written disapproval by the planning
commission or agent.
(Ord. of 3-14-05(1))
Secs. 78-409—78-415. Reserved.
Sec. 78-416. Engineering Subdivision site plans.
Sec. 78-416.1. Engineering Subdivision site plan specifications.
(a) Every engineering subdivision site plan shall be 24 by 36 inches in size and at a scale of not smaller than 50
feet to the inch (1" = 50'), except in cases where the agent has approved an alternate scale.
(b) Prior to final approval by the city, subdivision site engineering plans shall be signed by the owner of the land
proposed for subdivision. The signature shall certify that the owner is aware of the design requirements
imposed by the plan and other applicable city codes, and shall further certify that the owner agrees to comply
with these requirements, unless modified in accordance with the City Code.
(c) The subdivision site engineering plan shall include the following:
(1) General information:
a. Name of subdivision.
b. True, record, or grid north (identified as such).
c. Scale of drawing.
d. Number of sheets.
e. Name and address of person and firm preparing the plan.
f. Approval block providing for signature and date.
g. Vicinity map indicating adjoining roads and road names, and at a scale not smaller than 1" =
2,000'.
h. Date drawing prepared, and revision dates.
(2) General notes:
a. Name and address of owner and developer.
b. Address and tax parcel number of property to be subdivided.
c. Zoning district.
d. Number of lots.
e. Total area of subdivision.
f. Means of providing public water and sewer service to each lot.
(3) Street information:
a. Plan and profile of all streets.
b. Vertical and horizontal curve data for all streets.
c. Sight distances.
d. Typical section of all streets including pavement structure proposed and typical grading.
e. Traffic projections and analysis where necessary to estimate warrants for signalization, turn lanes,
and other related features.
(4) Stormwater management information:
a. Engineering calculations establishing pre- and post-development runoff for the subdivision.
b. Detention facility calculations establishing the adequacy of proposed measures and downstream
channels.
c. Erosion and sediment control plan and narrative.
d. Plan and profile and grading of a typical section of proposed detention facilities.
(5) Drainage information:
a. Plan and profile of all proposed street drain pipes and channels identifying all inlets, specifying
material type and size, with design of invert and top elevation.
b. All existing and proposed drainage easements.
c. Watercourses, springs and other natural drainage features.
(6) Water supply information:
a. Plan and profile, including material, size, cover and utility crossings, of existing and proposed
water mains.
b. Existing and proposed hydrants, valves and other associated features.
c. Existing and proposed service laterals and meter locations.
d. Existing and proposed easements.
e. Fire flow and water pressure calculations.
(7) Sanitary sewer information:
a. Plan and profile, including material, size, cover, grade, structures, invert, top elevation and utility
crossings.
b. Existing and proposed service laterals and clean out locations.
c. Existing and proposed easements.
d. Downstream sewer capacity analysis.
e. Lowest floor elevation sewerable by gravity on each lot.
(8) Other information:
a. Information, details or design as necessary to demonstrate or achieve compliance with the
standards of this chapter.
b. Existing and proposed topographic lines at two-inch intervals.
(Ord. of 3-14-05(1))
Sec. 78-416.2. Waiver of subdivision site engineering plan elements.
(a) The agent may waive the requirement to show on the subdivision site engineering plan specific items if, in his
or her opinion, and based on recognized engineering principles and in an effort to achieve the goals of this
chapter, they are unnecessary to determine compliance with appropriate codes and standards and ordinances.
Such waiver shall not be construed to authorize the reduction or waiver of any standard or required
improvement.
(Ord. of 3-14-05(1))
Sec. 78-416.3. Preparation of plan by certified professional engineer or land surveyor B.
(a) Every subdivision site engineering plan shall be prepared by a certified professional engineer or land
surveyor, B who shall endorse the plan.
(Ord. of 3-14-05(1))
Sec. 78-416.4. Process for approval of subdivision site engineering plans.
(a) Engineering Subdivision site plans for the design and construction of required public facilities shall be
submitted with the final plat. The agent shall approve or disapprove plans within 60 days of their submission.
In the event of the failure of the agent to act within such period, the plans may be submitted, after ten days'
notice to the city, to the circuit court for its approval or disapproval.
(Ord. of 3-14-05(1))
Sec. 78-416.5. Effect of approval.
(a) Approval by the agent of the engineering subdivision site plan shall, upon issuance of all necessary permits
including, but not limited to, land disturbing permits constitute authority to commence development and
construction activities which are in accordance with the approved plan but only within such section o r sections
which have received approval. Nothing in this provision however, shall be interpreted to authorize the
construction of any structure on any proposed lot other than such structures which are appurtenant to utility
installations.
(Ord. of 3-14-05(1))
Secs. 78-417—78-420. Reserved.
Sec. 78-421. Final plats.
Sec. 78-421.1. Elements of final plats.
(a) All final subdivision plats shall be clearly and legibly drawn in ink, at a scale of not smaller than 50 feet to the
inch (1' = 50'), except in cases where the agent has approved an alternate scale, on sheets being 24 by 36 or 17
by 22 18 x 24 inches in size.
(b) The final plat shall show the following information:
(1) General information:
a. Name of subdivision.
b. True, record, or grid north.
c. Scale of drawing, which shall be not smaller than 1" = 50', without approval of the agent.
d. Number of sheets.
e. Name and address of person and firm preparing plat.
f. Vicinity map indicating adjoining roads and road names, and at a scale not smaller than 1" = 2,00'.
g. Date drawing prepared, and revision dates.
(2) General notes:
a. Name and address of owner and developer.
b. Address and tax parcel number of property to be subdivided.
c. Zoning district.
d. Number of lots.
e. Total area of subdivision.
f. Means of providing water and sewer service to each lot.
(3) Plat information:
a. Metes and bounds of the perimeter of the subdivision.
b. Interior tract lines.
c. Departing lot lines for adjacent parcels.
d. Property owner names for adjacent parcels.
e. Area of each proposed lot.
f. Proposed lot numbers.
g. Boundaries of proposed and existing rights-of-way with metes and bounds description, stated in
one consistent direction.
h. Rights-of-way width of each existing and proposed, interior and adjacent, rights -of-way.
i. Names (and state route numbers where applicable) of all existing and proposed streets and alleys.
j. Boundaries of any proposed common area or open space or public dedicated area, wi th metes and
bounds.
k. Intended use of any common area, open space, or public dedicated area.
l. Boundaries of proposed and existing easements, with bearings and distances where necessary to
establish location.
m. Curve data table including curve number, arc length, tangent length and bearing, and radius.
n. Major watercourses.
o. Floodplain boundaries.
p. Identification of graves, objects or structures marking a place of burial.
q. All conditional zoning proffers, special exception conditions, or Board of Zoning Appeals actions
applicable to the site.
(4) Statements and certifications:
a. Owner's consent and dedication statement (notarized).
b. Surveyors source of title statement (signed and dated by a Virginia Licensed Surveyor).
c. Owner's conforming statement (notarized).
d. Approval block providing for signature and date.
(Ord. of 3-14-05(1))
Sec. 78-421.2. Preparation of final plat by land surveyor.
(a) Every final subdivision plat shall be prepared by a licensed surveyor, who shall sign and date each plat and
include a certificate signed by him setting forth the source of title of the owner of the land subdivided and the
place of record of the last instr ument in the chain of title. When the plat is of land acquired from more than
one source of title, the outlines of the several tracts shall be indicated upon the plat.
(Ord. of 3-14-05(1))
Sec. 78-421.3. Final plats—Signature by owners, proprietors, and trustees.
(a) Every final plat shall contain in addition to land surveyor's certificate a statement as follows: "The platting or
dedication of the following described land (here insert a correct description of the land subdivided) is with the
free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any."
The statement shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged
before an officer authorized to take acknowledgment of deeds.
(Ord. of 3-14-05(1))
Sec. 78-421.4. Deadline for filing final plat and plans for major subdivisions.
(a) The subdivider shall file with the agent the final plat and final subdivision site engineering plans meeting
the standards of this chapter for all or one or more sections of the subdivision within one year of the
planning commission's agent’s approval of the preliminary plat.
(Ord. of 3-14-05(1))
Sec. 78-421.5. Review of final plat.
(a) The agent, or the planning commission, as appropriate, shall approve the final plat, if found to be in
conformity with the requirements of law and this chapter, within 60 days after it has been officially submitted
or resubmitted for approval.
(b) The final subdivision plat, including the final plat for each phase of a multi -phase development, shall
demonstrate compliance with this chapter, the zoning ordinance, and other applicable city standards and
ordinances.
(c) The agent shall not approve a final plat until any necessary deed of dedication has been submitted and
approved by the city attorney. A deed of dedication is required to convey parkland, pump station sites, and
other property to the city. One is not necessary to convey streets, alleys, any easemen t for public passage, or
an easement for the conveyance of stormwater, domestic water or sewage.
(d) The agent shall not approve a final plat until any necessary subdivision agreement, with surety has been
submitted and approved by the city attorney.
(e) Where appropriate, the agent shall not approve a final plat until any required deeds of easement to a
homeowner's association are submitted and approved by the city attorney.
(f) After final plat approval by the agent, no change, erasure or revision shall be made on the plat or
accompanying data sheets unless authorization for such change has been granted in writing by the agent.
(Ord. of 3-14-05(1))
Sec. 78-421.6. Disapproval of final plat.
(a) In the case of disapproval, the agent shall give the subdivider specific reasons for denial, and these may be
contained in a separate document or may be written on the plat. They shall relate in general terms such
modifications or corrections as will permit approval of the plat.
(Ord. of 3-14-05(1))
Sec. 78-421.7. Effect of approval of final plat.
(a) Only a final plat approved by the city may be recorded with the clerk of the circuit court.
(b) An approved final plat must be recorded with the clerk of the circuit court within six months of the date of
approval. However, this time period shall be extended to one year if:
(1) The subdivider has commenced the construction of facilities to be dedicated to public use, pursuant to an
approved plan, or permit with security approved by the agent; or, if
(2) The subdivider has furnished surety to the agent by certified check, cash escrow, bond, or letter of credit
in the amount of the estimated cost of construction for such facilities.
These exceptions apply only if construction has commenced or security has been approved and accepted
before the expiration of the six-month time period. The deadline for filing the plat may be extended for
the period specified in the security agreement.
(c) In any case where a deed of dedication accompanies the final plat, the agent shall record both the final plat and
the deed of dedication.
(d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously
with the final plat.
(e) If the subdivider fails to timely record the final plat, then the approval shall become null and void a nd the
subdivider shall return the plat to the agent so that it may be so marked.
(Ord. of 3-14-05(1))
Sec. 78-421.8. Final plat—Recordation in phases.
(a) If the subdivider records a final plat which is a section or phase of a subdivision as shown on the approved
preliminary plat within the period established in section 78 -421.7 above, then the subdivider may record the
remaining sections or phases for a period of five years from the recordation date of the first section, in
accordance with this section. The subdivider shall furnish the city with a certified check, cash escrow, bond, or
letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said
section for public use and maintained by the city, the Commonwealth, or other public agency. The five-year
time period provided herein may be extended by the planning commission at the time of approval of the
preliminary plat, as provided in section 78-408.6 above.
(Ord. of 3-14-05(1))
Sec. 78-421.9. Effect of recordation of approved plat.
(a) The recordation of an approved plat shall operate to transfer, in fee simple, to the city, the portion of the
premises set apart for streets, alleys, bikeways, sidewalks or other public use, and to convey facilities and
easements for the conveyance of stormwater, public water and sewage.
(b) When the agent approves in accordance with this chapter a plat or replat of land, then upon the recording of
the plat or replat in the circuit court clerk's office, all rights -of-way, easements or other interest of the city in
the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished.
(Ord. of 3-14-05(1))
Sec. 78-421.10. Appeal of failure to act on final plat.
(a) If the agent or planning commission fails to approve or disapprove a final plat within 60 days after it has been
officially submitted for approval, the subdivider, after ten days' notice to the agent, may petition the circuit
court to decide whether the plat should or should not be approved. The court shall hear the matter and make
and enter an order with respect thereto as it deems proper, which may include directing approval of the plat.
(Ord. of 3-14-05(1))
Sec. 78-421.11. Appeal of disapproval of final plat.
(a) If the agent or planning commission disapproves a final plat and the subdivider contends that the disapproval
was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, the subdivider may
appeal to the circuit court within 60 days of the written disapproval.
(Ord. of 3-14-05(1))
Sec. 78-421.12. Final plat and plans—Copies to be provided.
(a) Subsequent to the approval of the final plat and plans, the subdivider shall provide the city with one
reproducible and three printed copies of all approved plats and plans. The city may also require that the
subdivider provide one digital copy of all approved plats and plans in a format specified by the city.
(Ord. of 3-14-05(1))
Secs. 78-422—78-499. Reserved.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the
same are hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
John E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
__________________________
Mayor
ATTEST:
___________________________
H. Robert Light
Clerk of Council
City of Salem, Virginia