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HomeMy WebLinkAbout3/14/2022 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, March 14, 2022, 6:30 PM Work S es s io n is c ancelled for March 14, 2022 R egular S ession 6:30 P.M. C ommunity R oom, S alem C ivic C enter, 1001 R oanoke Boulevard, S alem, Virginia 24153 WORK SE SSI ON W O R K SE SSIO N IS CANCELLE D RE GU L AR SE S SI ON A M E N D E D A G E N D A 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions A.Recognition- Carey Harv eycutter Recognition of Carey Harveycutter for receiving the Division III C ommissioner'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. 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. T he following have signed up to speak at this meeting: 1) J ohn Breen, 142 Bogey Lane - What ever happened to 12-13-21? 2) C ynthia Munley, 425 Roanoke Boulevard - Responding appropriately and meaningfully to citizen concerns brought to Salem leaders B.Minutes C onsider acceptance of the February 14, 2022 Work Session and Regular Meeting minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the seven months ending J anuary 31, 2022. 5.Old Business A.P ublic I mprov ement Bonds C onsider 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 J anuary 20 and J anuary 27, 2022 issues of the Salem Times - Register.) 6.New Business A.Taxicabs Hold public hearing in accordance with Section 98-94 of T HE C OD E OF T HE C IT Y O F SALEM, VIRG INIA, and consider issuance of Certificates of Public C onvenience 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) B.Amendment to City Code - Chapter 106 C onsider ordinance on first reading amending C hapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. C ontinued from the J anuary 24, 2022, meeting at which public hearing was held (As advertised in the J anuary 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends approval; see pages 6-7 of Planning Commission minutes). C .Amendment to City Code - Chapter 78 C onsider ordinance on first reading amending C hapter 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 C OD E OF T HE C IT Y O F SA LEM, VIRG IN IA pertaining to the review of subdivision site plans and plats. (Continued from the J anuary 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 C ommission minutes). D.Appropriation of F unds C onsider request to amend the School Operating Fund and School Grants Fund budgets as approved by the School Board on February 8, 2022. Audit - Finance C ommittee E.Appropriation of F unds C onsider request to appropriate Downtown Improvement Reserve funding in the C apital Projects Fund. Audit - Finance C ommittee F.Appropriation of F unds C onsider request to appropriate grant funds awarded by Library of Virginia. Audit - Finance C ommittee G.Tropical Smoothie Cafe & Jersey Mikes C onsider setting bond for erosion and sediment control and landscaping for Tropical Smoothie C afe and J ersey Mikes. Audit - Finance Committee H.Ridge View B ankConsider setting bond for erosion and sediment control, landscaping and physical improvements for Ridge View Bank. Audit - Finance C ommittee I.B oards and Commissions C onsider appointments to various boards and commissions. 7.C losed 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 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 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. Discussion of a personnel matter pertaining to the Assistant C ity Manager's annual evaluation. 8.Adjournment City Council Meeting MINUTES Monday, February 14, 2022, 6:30 PM Work Session 5:45 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 A work session of the Council of the City of Salem, Virginia, was held inParlor A at the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia,on February 14, 2022, at 5:45 p.m., there being present the following membersof said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III,Vice-Mayor; Council members; Byron Randolph Foley, William D. Jones, andJohn Saunders; with Renée Ferris Turk, Mayor, presiding; together with JamesE. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerkof Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams,Assistant to the City Manager; Chuck Van Allman, Director of CommunityDevelopment; and Mary Ellen Wines, Zoning Administrator; and the followingbusiness was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2.Consent Agenda 3.New Business A.Discussion Items Discussion of Draft Chapter 106 and Chapter 78 Amendments to City Code WHEREAS, a handout of comments provided by John Breen was distributed to Council. WHEREAS, Mary Ellen Wines, Zoning Administrator, gave an overview of current practices in City Code Chapter 78 and Chapt er 106. Staff recommended changes for proficiency and housekeeping purposes; and 4.Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:23 p.m. Item #4B Date: March 14, 2022 REGULAR SESSION 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; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 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) Patricia Clark, 318 Maple Street - Requesting sign to restrict vehicles from parking inappropriately on this street 2) Alexander Stein, 506 Main Street - Mandates 3) Cynthia Munley, 425 Roanoke Boulevard - Recognizing and employing citizens' love for Salem Patricia Clark, 318 Maple Street, appeared before Council. She requested a No Parking Sign for her street from the corner of Roanoke Street and Maple to 4th and Maple to restrict vehicles from parking in front of the houses on the street. Councilman Jones indicated that he thinks Chief Crawley is already aware of this concern and suggested the City Manager and Assistant City Manager communicate with him to follow up. Alexander Stein, 506 Main Street, was not present at the meeting. Cynthia Munley, 425 Roanoke Boulevard, was the last citizen to speak before Council. She spoke on utilizing Salem residents' lo ve for Salem and including their feedback in decision-making. She included recollections of past City decisions in her comments and requested that City Council consider citizen feedback in their decisions. B. Minutes Consider acceptance of the January 24, 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 six months ending December 31, 2021. The financial reports were received. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120- 1-5) from RB Residential Business District to TBD Transitional Business District. (Approved on first reading at the January 24, 2022 meeting) William Jones motioned to adopt ordinance on second reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to TBD Transitional Business District. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. (Approved on first reading at the January 24, 2022 meeting) Randy Foley motioned to adopt ordinance on second reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Amendment to the City Code - Chapter 86 Consider ordinance on second reading amending Chapter 86 Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia to establish a pilot program for shared mobility devices. (Approved on first reading at the January 24, 2022, meeting) Mayor Turk reiterated that the General Assembly requires that localities allow scooters. She also explained that the Pilot Program would allow the City to set guidelines and to have recourse if the guidelines set by the City are not followed. Randy Foley motioned to adopt ordinance on second reading amending Chapter 86 Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia to establish a pilot program for shared mobility devices. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 6. New Business A. Use Not Provided For Permit CANCELLED AS THE PROPERTY OWNER HAS WITHDRAWN THEIR REQUEST Hold public hearing to consider the request of Sia Asset Management LLC, applicant, and Helm Building Enterprises, LTD, property owner, for a Use Not Provided For Permit to allow crypto mining at 1401 Southside Drive, Tax Map # 165-4-2.1. (As advertised in the December 23 and 30, 2021 issues of the Salem Times-Register). (Planning Commission recommends approval with conditions: see pages 3-7 of Planning Commission minutes) (Continued from January 10, 2022 Council Meeting) STAFF REPORT Mayor Turk stated that a request to withdraw Item #6A from the agenda had been received in written form from the property owner. B. Public Improvement Bonds Hold a public hearing and consider adoption of ordinance to authorize 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.) Audit - Finance Committee Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. James Wallace motioned to adopt ordinance on first reading to authorize the issuance and sale of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000 to finance the City ’s share of the costs to renovate the existing anaerobic digestion facilities at the Western Virginia Regional Wastewater Treatment Plant. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. General Obligation Public Improvement Bonds Consider adoption of Resolution 1419 authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022. Audit - Finance Committee James Wallace motioned to adopt Resolution 1419 authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022, in a principal amount not to exceed $2,350,000 to finance the City’s share of the costs to renovate the existing anaerobic digestion facilities at the Western Virginia Regional Wastewater Treatment Plant. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, 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 January 11, 2022. Audit – Finance Committee James Wallace motioned to approve appropriation changes made by the School Board at their meeting on January 11, 2022 to increase revenues and expenditures by $20,000 in the School Operating Fund Budget and to increase revenues and expenditures by $175,219 in the School Grants Fund Budget. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Appropriation of Funds Consider request to appropriate grant funds awarded by Community Foundation. Audit - Finance Committee James Wallace motioned to appropriate $50,000 in grant revenue from the Community Foundation for gateway signage and to authorize any such grant funds unspent in the current fiscal year be administratively appropriated in the subsequent fiscal year. This grant requires a local match of $25,000 that is available in the Tourism budget account. The grant was secured by Vir ginia's Blue Ridge for a consistent signage throughout the region. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Appropriation of Funds Consider request to appropriate proceeds from the sale of equipment. Audit - Finance Committee James Wallace motioned to appropriate revenue and increase the expenditure budget in the Streets Department by $10,830, respectively, for the sale of a surplus 1995 International 4700 Truck and to authorize any such proceeds unspent 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. Taxicabs Consider setting the date for a public hearing in accordance with Section 98- 94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, for the issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months. (Suggest March 14, 2022). City Manager Taliaferro explained that the City Code requires that City Council annually approve Taxicabs and that this requires a public hearing to approve Certificates of Public Convenience and Necessity. Staff recommended that Council consider March 14th as the public hearing for the taxicabs. Randy Foley motioned to hold the public hearing for the issuance of Certificates of Public Convenience and Necessity on March 14, 2022. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace H. Olde Salem Days 2022 Consider adoption of Resolution 1418 closing Main Street on Saturday, September 10, 2022. Mayor Turk remarked that this action is taken yearly. Mr. Taliaferro explained that the Resolution serves as a formal request to VDOT to allow the closing of Main Street (a portion of US Highway 460) for Olde Salem Days. Mr. Jones asked if side streets were included, and Mr. Taliaferro responded that the resolution only includes Main Street because it was a US Highway. Randy Foley motioned to adopt Resolution 1418 closing Main Street on Saturday, September 10, 2022. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace I. Street Acceptance Consider adoption of Resolution 1420 requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments. Mr. Van Allman explained that Community Development performed an internal audit on the list of the City's streets for street maintenance funding in the Commonwealth and are requesting the adoption of Resolution 1420 to include additional streets in the City's maintenance system. Randy Foley motioned to adopt Resolution 1420 requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace J. Amendment to Miscellaneous Fees Consider adoption of Resolution 1421 amending Miscellaneous Fees for 2021-2022. Mr. Taliaferro explained that annually Council adopts the Miscellaneous Fees along with the budget. This year, with rising costs, the current fee to purchase a dumpster by a City business is $1,440. The actual cost for the purchase o f a dumpster exceeds this fee; therefore, the City is selling them at a loss. Staff recommended that the fee be changed to $1,800 for a City business to purchase a dumpster. This is the only fee on the list that was being amended. Randy Foley motioned to adopt Resolution 1421 amending Miscellaneous Fees for 2021-2022. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace K. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to recommend Janie Whitlow for Circuit Court appointment to fill the unexpired term of Nancy Duffy, for the remainder of a three-year term expiring November 30, 2023 to the Board of Equalization of Real Estate Assessments; to recommend Frank Sellers for Circ uit Court appointment as full member to fill the unexpired term of David Derr for the remainder of a five-year term ending March 30, 2023 to the Board of Zoning Appeals; and to recommend F. Van Gresham for Circuit Court re-appointment for a five-year term ending March 20, 2027 to the Board of Zoning Appeals. 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 (3) and (6) of the 1950 Code of Virginia as amended for 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 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. Jim Wallace motioned that Council move to closed session at 7:00 p.m. in accordance with Sections 2.2-3711 A (3) and (6) of the 1950 Code of Virginia as amended for 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 discussion or consideration of the investment of public funds where competition or bargaining is involv ed, where, if made public initially, the financial interest of the government unit would be adversely affected. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace James Wallace motioned to reconvene at 7:19 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 7:19 p.m. Item #4C Date: March 14, 2022 Schedule C 1 Item #5A Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Second reading of the ordinance authorizing the issuance and sale of General Obligation Public Improvement Bonds SUBMITTED BY: Rosie Jordan, Director of Finance SUMMARY OF INFORMATION: The City proposes to issue general obligation public improvement bonds to finance the City’s share of the costs to renovate the existing anaerobic digestion facilit ies at the Western Virginia Regional Wastewater Treatment Plant. This bond issue is in an aggregate principal amount not to exceed $2,350,000. The bonds will be general obligations of the City and the full faith and credit of the City shall be pledged for the repay ment of these bonds. The ordinance authorizing the issuance and sale of bonds was approved at the Council meeting held on February 14, 2022. A second reading is required for the ordinance to be in effect. STAFF RECOMMENDATION: Staff recommends approving the second reading of the attached ordinance authorizing the issuance of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000. COVERING CERTIFICATE FOR ORDINANCE The undersigned Clerk of Council of the City of Salem, Virginia (the “City”), certifies as follows: 1. Attached hereto is a true, correct and complete copy of an ordinance entitled “ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,350,000” (the “Ordinance”). Having been the subject of a duly noticed public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, held on February 14, 2022, the Ordinance was adopted at a regular meeting of the Council of the City (the “Council”) held on March 14, 2022, by a majority of all members elected to Council by an affirmative roll-call vote. 2. The Council meeting at which the Ordinance was adopted was held at the time and place established by the Council for its regular meetings. The minutes of such meeting reflect the attendance of the members and their votes on the Ordinance as follows: Member Attendance (Present/Absent) Vote (Aye/Nay/Abstain) Renee F. Turk, Mayor James W. Wallace, III, Vice- Mayor Byron Randolph “Randy” Foley William D. Jones John Saunders 3. The Ordinance has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Salem, Virginia, this 14th day of March, 2022. (SEAL) Clerk of Council, City of Salem, Virginia ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,350,000 WHEREAS, acting pursuant to directions of the Council (the “Council”) of the City of Salem, Virginia (the “City”), the City proposes to finance the City’s share of the costs to renovate the existing anaerobic digestion facilities at the Western Virginia Water Authority R egional Wastewater Treatment Plant, together with related expenses (collectively, the “Project”), and to pay the associated financing and issuance costs; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT: 1. It is hereby determined to be necessary and expedient for the City to undertake the Project, which will promote the development and general welfare of the City and its residents, to borrow money for such purpose and to issue the City’s general obligation bonds therefor. 2. There are authorized to be issued general obligation public improvement bonds of the City in an aggregate principal amount not to exceed $2,350,000 to finance the Project and to pay the associated financing and issuance costs. Such bonds shall be issued pursuant to the provisions of the Public Finance Act of 1991 and, as permitted by such Act, without regard to the requirements, restrictions or other provisions contained in the City Charter. 3. The bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, all as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City, and the full faith and credit of the City shall be irrevocably pledged to the payment of the principal of and premium, if any, and interest on such bonds. 5. The Clerk of Council, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance in the Circuit Court of the City of Salem, Virginia. 6. This ordinance shall take effect immediately. 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 # 6A Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Hold a public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, and award Certificates of Public Convenience and Necessity for the operation of taxicabs over the next twelve (12) months. (Beginning April 1, 2022). SUBMITTED BY: Rob Light, Assistant City Manager SUMMARY OF INFORMATION: As prescribed in section 98-94 of the Code of the City of Salem: The council shall conduct a hearing each year between January 1 and March 31 for the purpose of determining the number of taxicabs for which certificates shall be issued during the next year and for the purpose of determining to which persons such certificates shall be issued, after a consideration of the factors prescribed in section 98-87. No certificate shall be renewable as a matter of right, but the council shall decide in the exercise of its sound discretion and after consideration of the factors prescribed in section 98-87 to which persons such certificates shall be issued for the next certificate year. Such hearing shall be public, after notice thereof has been given by mail to all holders of certificates and applicants for certificates, at the address shown on such certificates and applications and after notice thereof by publication at least once and not less than ten days prior to the hearing in some newspaper published or having a general circulation in the city. Any such hearing may be continued from time to time without further notice. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends Council award Certificates of Public Convenience to the number of applicants deemed appropriate. Salem, VA Code of Ordinances Sec. 98-94. -Council's annual hearing. The council shall conduct a hearing each year between January 1 and March 31 for the purpose of determining the number of taxicabs for which certificates shall be issued during the next year and for the purpose of determining to which persons such certificates shall be issued, after a consideration of the factors prescribed in.section 98-87. No certificate shall be renewable as a matter of right, but the council shall decide in the exercise of its sound discretion and after consideration of the factors prescribed in section 98-87 to which persons such certificates shall be issued for the next certificate year. Such hearing shall be public, after notice thereof has been given by mail to all holders of certificates and applicants for certificates, at the address shown on such certificates and applications and after notice thereof by publication at least once and not less than ten days prior to the hearing in some newspaper published or having a general circulation in the city. Any such hearing may be continued from time to time without further notice. (Code 1969, § 28-37) about:blank 2/5/2020 Item 6G 2-14-22 Item # 6B Date: 3 -14-2022 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 first reading amending Chapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. Advertised in the January 6 and 13, 2022 issues of the Salem Times-Register. Continued from the January 24, 2022, meeting. Public hearing was held at this 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 # 6C Date: 3 -14-2022 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 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. Advertised in the January 6 and 13, 2022 issues of the Salem Times-Register. Continued from the January 24, 2022, meeting. Public hearing was held at this 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 rec orded within one year 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 jurisdiction 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 provisions 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 chap ter or any predecessor subdivision ordinance; provided, however, that nothing 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 mor e 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 requests shall be accompanied by such plats, drawings, and engineering documents requir ed 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 property 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 creation 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 any 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 slopes with approximate gradients. (5) Show the approximate location and dimensions of all proposed streets, lots, parks, pl aygrounds and other proposed uses of the land to be subdivided. (6) Include the approximate dimensions of the property to be subdivided. (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 Z oning 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 void. (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 extension 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 capricio us, 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 t o 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 ordinan ces. 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 or 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, with 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 instrument 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, p roprietors, 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 easement 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 p lat 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 and 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 subdi vision 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 Item #6D Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Request to amend School Operating Fund and School Grants Fund budgets as approved by the School Board on February 8, 2022 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Operating Fund and School Grants Fund budgets were amended for fiscal year 2021-2022 by the School Board at their meeting on February 8, 2022. The Board amended the School Operating Fund budget to increase revenues and expenditures by $102,864. The School Grants Fund budget was amended to increase revenues and expenditures by $1,679,751. The attached memo details the appropriation changes. FISCAL IMPACT: Appropriation changes totaling $102,864 and $1,679,751 are to be made to the School Operating Fund and the School Grants Fund, respectively. STAFF RECOMMENDATION: Staff recommends that Council 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, per the attached report. Salem City Schools Budget Adjustments Report February 8, 2022 Summary of Issue: At times during the year, additional funding may be r eceived by the school division through donation, grant, increased funding due to ADM (Average Daily Membership) increases, or some other means. This revenue increases the budget requiring Board approval before the funds can be utilized. Grant fund budgets need to be adjusted at this time because new grants have been awarded since budget adoption and needs to be accounted for on the books. We received notification from VDOE on January 28, 2022 that we were awarded funds on all three of the competitive grants within the ARP ESSER III State Set-Aside funds for Addressing Unfinished Learning ($286,430), Before-and-After School Programs ($20,071), and Summer Programs ($163,621). These funds will be used to fund staff for math tutoring during the summer, to fund math and english tutors for before and after school sessions, as well as transportation to get students to and from the before and after school sessions, and also to hire reading instructors & provide instructional software to support unfinished learning during summer school hours. We received notification from VDOE on January 14, 2022 that we were awarded $749,954 from the ARPA CSLFRF (Coronavirus State and Local Fiscal Recovery Funds) to support qualifying ventilation replacement and improvement projects in public school facilities. This grant has a 100% local match that will be covered with ESSER II funds already obligated on the Fan Coil Unit Replacement Project at East Salem. This new grant will be used toward the cost to replace the Fan Coil Units at West Salem. The updated estimated cost of that project is $900,000, so rather than the full cost being required of CIP, we now only have to come up with about $150,000 within the Capital Improvement Project process next fall to cover this project, as grant funds will cover the majority now. We received notification from Universal Service Administrative Co. (USAC) that we were awarded $459,675 in Round 2 of the Emergency Connectivity Fund (ECF) funding project. These funds will be used to purchase approximately 955 Chromebooks and go toward the purchase of approximately 230 laptops for teachers and staff. General fund budgets need to be adjusted at this time because new funds have been awarded or received since budget adoption and need to be accounted for on the books. Back in June 2021, a water issue resulted in extensive damage to the main gym floors at Salem High School. An insurance claim was filed, and we have already received the first installment of the funds to cover the damages incurred from the incident for $199,873.84. The project has now been certified as complete and we have received the sec ond and final installment of funds from our insurance carrier in the amount of $102,864. The total cost of the replacement is $303,737.84. The total insurance claim is $302,737.84, which is only minus the $1,000 deductible of covering the full cost of the gym floor replacement. Policy Reference: DA-BR Budget Transfers Fiscal Impact: These budget adjustments will increase the revenue and expenditure budgets in the School General Fund by $102,864 and the School Grant Fund by $1,679,751 (attachment A). Recommended Action: Move approval of the budget adjustments in the School General Fund & the School Grant Fund as presented and recommend that City Council approve the same . To set up budget for new revenues received in FY 22 Account Code Description Revenue Amount Expenditure Amount Grant Fund 32-600-00-00-9-000-6XXXX ARP ESSER III State Set-Aside 84.425U 470,122$ 32-600-61-10-6-165-71120 Compensation - Instructional Salaries 104,356$ 165 = Addressing Unfinished Learning 32-600-61-10-6-165-71151 Compensation - Instructional Asst 44,725$ 32-600-61-10-6-165-72100 FICA 12,349$ 32-600-61-10-6-165-73037 Contractual Services - Other 125,000$ 32-600-61-10-2-166-71120 Compensation - Instructional Salaries 9,800$ 166 = Before and After School Program 32-600-61-10-2-166-71151 Compensation - Instructional Asst 4,200$ 32-600-61-10-2-166-72100 FICA 1,071$ 32-600-63-63-9-166-71170 Compensation Bus Drivers 4,645$ 32-600-63-63-9-166-72100 FICA 355$ 32-600-61-10-6-167-71120 Compensation - Instructional Salaries 105,773$ 167 = Summer Programs 32-600-61-10-6-167-71151 Compensation - Instructional Asst 45,331$ 32-600-61-10-6-167-72100 FICA 12,517$ 470,122$ 32-610-00-00-9-000-6XXXX ARPA CSLFRF Ventilation Improvement 21.027 749,954$ 32-610-64-64-9-420-73180 Repair/Maintenance - Other Contracted 191,954$ 32-610-64-64-9-420-78020 Furniture & Equipment >$5,000 558,000$ 749,954$ 32-581-00-00-9-000-6XXXX Emergency Connectivity Round 2 32.009 $459,675.00 32-581-68-10-9-800-76545 Technology Repair and Replace 459,675$ 459,675$ General Fund 30-110-00-00-9-000-63601 Insurance Adjustments/Refunds/Rebates 102,864$ 30-111-64-64-9-420-73180 Repair/Maint - Other Contracted 102,864.00$ 102,864.00$ 1,782,615$ 1,782,615$ -$ Salem City Schools Grant Budget Adjustments 2/8/2022 Attachment A Item #6E Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Request to appropriate Downtown Improvement Reserve funding in the Capital Projects Fund SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Local funding of $40,350 was included in the General Fund 2021 -2022 annual operating budget for the Downtown Plan. Per directive of the City Manager, these fu nds were transferred to the Capital Projects Fund to create a Downtown Improvements Reserve to fund future Downtown improvement projects. FISCAL IMPACT: The Downtown Improvement Reserve will create a reserve of local funds that will allow us to continue the work on the Downtown Revitalization Project. STAFF RECOMMENDATION: Staff recommends appropriating $40,350 to the Transfer from General Fund revenue account 20-012-0200-49905 and to the Downtown Improvements Reserve expenditure account 20-012-0205-54807. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 3/14/2022 20‐012‐0200‐49905 Transfer From General Fund ‐ Capital Projects 40,350       Council 3/14 ‐ Appropriate Downtown Impr Reserve 3/14/2022 20‐012‐0205‐54807 Downtown Improvements Reserve 40,350       Council 3/14 ‐ Appropriate Downtown Impr Reserve Item #6F Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Appropriate grant funds awarded by Library of Virginia SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The Library of Virginia received funding under the American Rescue Plan Act to help communities respond to the pandemic as well as to related economic and community needs through digital inclusion and library services. The City of Salem was awarded $21,314 in funding from Library of Virginia. The grant will be used to purchase two self- checkout machines, a wireless access point, a laptop for staff and two bottle filling stations. FISCAL IMPACT: Proceeds from the grant will cover the cost of items not included in the FY22 operating budget. STAFF RECOMMENDATION: Appropriate $21,314 in grant revenue to American Rescue Plan Act Funding – Library of VA account 10-076-0100-48540 and increase the budget for the American Rescue Plan Act expenditures – Library of VA account, 10-076-7300-55962, 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. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 3/14/2022 10‐076‐0100‐48540 American Rescue Plan Act Funding ‐ Library of VA 21,314       Appropriate grant funds per 3/14 council action 3/14/2022 10‐076‐7300‐48540 American Rescue Plan Act Expenditures ‐ Library of VA 21,314       Appropriate grant funds per 3/14 council action Item # 6G Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Consider setting bond for erosion and sediment control and landscaping for Tropical Smoothie Café & Jersey Mikes. SUBMITTED BY: Chuck Van Allman, Director of Community Development SUMMARY OF INFORMATION: The City Engineer’s office has reviewed the estimate for erosion and sediment control and landscaping for Tropical Smoothie Café & Jersey Mikes. STAFF RECOMMENDATION: It is recommended that the project be bonded in the amount of $19,734.00 for a time frame for completion set at twelve (12) months. Item # 6H Date: 3/14/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: March 14, 2022 AGENDA ITEM: Consider setting bond for erosion and sediment control, landscaping, and physical improvements for Ridge View Bank. SUBMITTED BY: Chuck Van Allman, Director of Community Development SUMMARY OF INFORMATION: The City Engineer’s office has reviewed the estimate for erosion and sediment control, landscaping, and physical improvements for Ridge View Bank. STAFF RECOMMENDATION: It is recommended that the project be bonded in the amount of $20,592.00 for a time frame for completion set at twelve (12) months. Item #6I Date: March 14, 2022