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HomeMy WebLinkAbout04-18-7861'78 Minutes of the regular meeting of the Pulaski Town Council held April 18, 1978 at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: John A. Johnston, Blair B. Brookmeyer, Andrew L. Graham, Jr., James M. Neblett, Jr., Bob J. Clark, C. William Hickam, Jr., William A. House, Arthur L. Meadows Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: H. R. Coake, Town Engineer Roger A. Williams, Town Treasurer Jane Graham, WPUV Radio Station Charles Hite, Roanoke Times & World News Viki Futrell, Southwest Times R. P. Whitman The invocation was given by Councilman House. The minutes of the regular meeting of April 4, 1978 were approved as recorded. Mayor Ratcliff stated the Council would be glad to hear anyone from the public at this time. Mr. R. P. Whitman stated he was present to hear the report WHITMAN TO of the Committee and also learn of Council's action on a recent HEAR REPORT ON R/W request from Lyman Limited for a 50 ft. right-of-way across Town property on Draper's Mountain. There being no other visitor to be heard, Mayor Ratcliff called for Committee reports. Councilman Hickam had no report. Town Manager Marshall reported that a "NO U-TURN" sign "NO U TURN" SIGN had been placed at the crossover at the emergency entrance for the TO BE PLACED ON RT. 11 AT Hospital on Route 11, and Pleasant Hill Drive and the State CLINIC ENTRANCE & TURN SIGN Highway Department so advised in order that they could now place OUTSIDE CORP. LIMITS a left turn lane at the crossover just outside the corporate limits. Councilman Graham had no report. Councilman Graham stated he would like to have a matter placed on the agenda to be considered by the Finance and Utilities COMMITTEE TO CHECK ON SEPTIC Committees, and moved that the Finance and Utilities Committees TANK CHARGES FOR DUMPING and Town Manager look into the charges. being made for septic tank April 18, 1978 s~'79 dumpings into the Town's sanitary sewer system, to determine if these charges are adequate. Motion was seconded by Councilman Johnston, and carried. Councilman Brockmeyer had no report. Councilman Johnston reported the Land and Buildings Committee met several times to consider the proposal from Lyman Limited for a 50 ft, right-of-way over and through lands of the Town on the south side of Pulaski. Mr. Johnston stated this company has in mind the development of property on the left side of Route 11 across from the Armory and have requested a 50 ft. right-of-way over lands owned by the Town. Town Manager Marshall stated there have been several possibilities dis- cussed, and it was felt that an exchange of land and a piece of property TOWN ATTY. f or the 50 ft. right-of-way would be a better solution, and would enhance AUTHORIZED TO PREPARE the Town's property. DEED OF EXCHANGE BET. LYMAN LTD. Councilman Johnston moved that the Town Attorney be instructed & TOWN FOR 50 FT. R/W to prepare a Resolution for the Deed of Exchange to be presented to Council at its next meeting, for the exchange of properties between the Town of Pulaski and Lyman Limited. Motion was seconded by Councilman Neblett, and carried on the following vote: C. William Hickam, Jr, - Aye Andrew L. Graham, Jr. - Aye Blair B. Brockmeyer - Aye John A. Johnston - Aye William A. House - Aye Bob J. Clark = Aye Arthur L. Meadows - Aye James M. Neblett, Jr. - Aye Councilman House reported that some ten days ago the Town received a bill for a Street Flusher and the money for this flusher was a part of the Revenue Sharing Budget for this fiscal year. Mr. House stated the Finance Committee had been polled by phone bef ore payment was GEN. FUND issued, and now moved that the Town Treasurer be authorized to reimburse REIMBURSED FOR PAYMENT the General Fund for actual expenditures previously appropriated from OF FLUSHER - $19,684.45 Revenue Sharing Funds - Account ~p4068, Street Glusher - $19,684.45, paid on April 7, 1978. Motion was seconded by Councilman Graham, and carried on the following vote: C. William Hickam, Jr. - Aye Andrew L. Graham, Jr. - Aye Blair B. Brockmeyer - Aye John A. Johnston - Aye William A. House - Aye Bob J. Clark - Aye Arthur L. Meadows - Aye James M. Neblett, Jr. - Aye 6180 April 18, 1978 Councilman House stated that for the past six or eight months the Town has borrowed and paid lrrack several loans for normal operating expenses, and it now appears it will be necessary to borrow $60,000.00 REPORT ON NECESSITY FOR from the two local banks until June 30, 1978. BORROWING $60,000 Town Attorney Garnett S. Moore presented to Council the certificate of Roger A. Williams, Treasurer, concerning the evaluation of properties in the Town of Pulaski as follows: TO THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: I, Roger A. Williams, the undersigned, Treasurer of the Town of Pulaski, Virginia, do certify to the Council as follows: The assessed valuation of the Real Estate in the Town of Pulaski, subject to taxation as shown by the last preceding assess- ment for taxes is $10,779,320.00. The assessment on Public Utility Property in the Town is CERTIFICATE OF $1,313,713.00. TREASURER; TOWN ATTORNEY AND The assessment on Personal Property is $2,458,435.00. ADOPTION OF ORDINANCE The assessment on personal property classified as Machinery and Tools is $1,494,270.00. The total of all assessed property is $16,045,738.00. That the outstanding bonds or interest bearing obligations for any purpose whatsoever of the Town of Pulaski, Virginia, on April 18, 1978, were as follows: Street Bonds (9/1/74) Gen. Obligations $ 430,000.00 Sewer Bonds (7/1/58) Revenue 432,000.00 Water Bonds (7/1/58) Revenue 257,000.00 $ 1,119,000.00 The aforesaid inf ormation concerning evaluation of ,property is that which was submitted to the Town of Pulaski, Virginia, by the Commissioner of Revenue of the County of Pulaski, Virginia. Town Attorney Moore certified to the Council that in his opinion the ordinance to be considered and adopted by the Council of the Town of Pulaski, Virginia, on the 18th day of April, 1978, ATTORNEY'S authorizing and approving the borrowing of Sixty Thousand Dollars CERTIFICATION ($60,000.00): ~k40,000.00 thereof from the Virginia National Bank, Pulaski, Virginia, and $30,000.00 thereof from the Bank of Virginia, Southwest, to be paid within seventy-two (72) days from the date of the notes evidencing said indebtedness, to pay current and general obligation indebtedness of the Town, said loan being made in anticipation of the receipts from taxes and other general revenue sources of the Town, is a valid ordinance and a valid exercise of April 18, 1978 618 of the Town's authority for making loans under the provisions of its Charter and the general laws of the State of Virginia, and particularly under Section 15.1-222 and other applicable sections of Chapter 5 of Title 15.1 of the Code of Virginia of 1950, as amended: That the borrowing of said Sixty Thousand Dollars ($60,000.00)_ will not exceed eighteen (18%) per cent of the valuation of the real estate in the Town of Pulaski, Virginia, subject to taxation, as shown by a certificate of the Treasurer of said Town, setting out the assess- ATTORNEY'S ments for taxes as provided to him by the Commissioner of the Revenue of CERTIFICATIONthe County of Pulaski, Virginia, and that the existing obligation indebtedness of the Town of Pulaski, including the $60,000.00 to be borrowed under the ordinance, will theref ore not exceed the limitations of Article VII, Section 10 of the Constitution of Virginia or any statutes of the Common- wealth of Virginia . Town Attorney Moore read the ordinance authorizing the issuance of two negotiable notes of the Town of Pulaski in the total amount of $60,000.00 for general operation funds and payment of certain current and general indebtedness, and Councilman House moved the adoption of the Ordinance. Motion was seconded by Councilman Neblett, and carried on the following vote: C. William Hickam, Jr. - Aye William A. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brookmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett,Jr. - Aye AN ORDINANCE AUTHORIZING THE ISSUANCE OF NEGOTIABLE NOTES OF THE TOWN OF PULASKI, VIRGINIA, IN THE TOTAL AMOUNT OF $60,000.00, FOR GENERAL "OPEN TION FUNDS AND PAYMENT OF CERTAIN CURRENT AND GENERAL INDEBTEDNESS WHEREAS, the Town of Pulaski, Virginia, needs additional funds for its daily operation and for payment on indebtedness upon which it is obligated, and for payment of certain sums for capital improvements; and ORDINANCE AUTHORIZING WHEREAS, it is necessary that the Town of Pulaski, BORROWING OF Virginia, borrow the total sum of $60,000.00 in order to provide $60,000.00 certain funds for immediate payment of operating expenses and General Fund obligations; and WHEREAS, the Virginia National Bank, Pulaski, Virginia, and Bank of Virginia, Southwest, offered to loan the Town of Pulaski, Virginia, the sum of $60,000.00 at an interest rate of four percent (4%) per annum; and 6182 April 18, 1978 WHEREAS, the Treasurer of the Town of Pulaski has filed with Council a certificate showing the total assessed value of all property in the Town of Pulaski on April 18, 1978, to be $16,045,738.00; that the assessed valuation of the Real Estate in the Town of Pulaski, Virginia, subject to taxation is $10,779,320.00; that the assessed valuation of personal property is $2,458,435.00; that the assessment on personal property classified as machinery is $1,494,270.00; that the assessment on public utility properties within the Town of Pulaski is $1,313,713.00; and that the outstanding bonds or other interest-bearing obligations for any purpose of the Town of Pulaski, Virginia, on April 18, 1978, were as follows: Street Bonds (Gen. Obligation) (9/1/74) $ 430,000.00 Sewer Bonds (Revenue) (7/1/58) 432,000.00 Water Bonds (Revenue) (7/1/58) 257,000.00 $1,119,000.00 The sewer and water bonds portion of the indebtedness are self- liquidating; a copy of said certificate of the Treasurer being incorporated herein and made a part of this ordinance; and WHEREAS the issuance of two negotiable notes, each in the sum of $3u ,000.00 for a total of $60,000.00, together with all ORDINANCE other existing indebtedness for any purpose, will not exceed eighteen per cent (18%) of the assessed valuation of the real estate in the Town of Pulaski subject to taxation as shown by the CONTINUED las preceding assessment for taxes, and the general obligation indebtedness of the Town of Pulaski will theref ore not exceed the limitation provided in Article VII, Section 10 of the Consti- tution of Virginia, or the statutes of the Commonwealth of Virginia; and WHEREAS, tL~is loan authorized by this ordinance is made under the authority of and in compliance with the provisions of Article VII, Section 10 of the Constitution of Virginia, and. Section 15.1-222 of the Code of Virginia of 1950, as amended, and the Charter of the Town of Pulaski, Virginia. NOW, THEREFORE, BE_IT ORDAINED by the Council of the Town of Pulaski, Virginia, that: (1) The Town of Pulaski, Virginia, duly issue two negotiable promissory notes, each in the amount of $30,000.00, dated April 19, 1978, one payable to the order of Virginia National Bank, and one payable to Bank of Virginia, Southwest, bearing interest at the rate of four (4%) per cent per annum, with interest and the principal of said notes payable on or bef ore June 30, 1978, with right of anticipation reserved on said notes; said notes are issued under authority and in full compliance with the Constitution and the statutes of the Commonwealth of Virginia and the Charter of the Town of Pulaski, Virginia. (2) On the Town's behalf, the notes shall be signed by the Mayor and Treasurer of said Town and attested by the Clerk, with the corporate sael of the Town of Pulaski, Virginia, affixed theref o. 1 (3) The full faith, credit and resources of the said Town of Pulaski, Virginia, and of this Council as such be, and the same are hereby irrevocably pledged for the punctual payment of the interest and principal of said notes at maturity. April 18, 1978 NOTE Pulaski, Virginia April 19, 1978 $30,000.00 Seventy-two (72) days after date, the Town of Pulaski, Virginia, a duly created political subdivision of the Common- wealth of Virginia, (the issuer), for value received, hereby promises to pay to: 613 Virginia National Bank, Pulaski, Virginia, or order, without offset, COPY the principal sum of Thirty Thousand Dollars ($30,000.00), with interest at the rate of four (4%) per cent per annum from the date of issue to the maturity date. Both principal and interest are payable in lawful money of the United States of America at the office of Virginia National Bank, Pulaski, Virginia. This note is authorized by ordinance duly enacted by the Town of Pulaski, Virginia, on April 18, 1978, in anticipation of the collection of taxes and geneeral revenues of the Issuer. The full faith and credit of the Issuer are irrevocably pledged to the pay- ment of principal and interest on this note in accordance with its terns. Right of anticipation is reserved by maker. Every requirement of law relating to the issuance of this OF note has been duly complied with and the indebtedness evidenced hereby is within every debt and other limit prescribed by the Constitution, the states of the Commonwealth of Virginia, and the Charter of the Town of Pulaski, Virginia. TWO NOTES TO BORROW Attest: $60,000.00 THE TOWN OF PULASKI, VIRGINIA By /s/ RAYMOND F. RATCLIFF MAYOR By /s/ ROGER A WILLIAMS TREASURER /s/ GLADYS R. DALTON, CLERK SEAL NOTE Pulaski, Virginia April 19, 1978 $30,000.00 Seventy-two (72) days after date, the Town of Pulaski, Virginia, a duly created political subdivision of the Commonwealth of Virginia, (the Issuer), for value received, hereby promises to pay to: Bank of Virginia, Southwest, Pulaski, Virginia, or order, without offset, the principal sum of Thirty Thousand Dollars ($30,000.00), with interest at the rate of four (4%) per cent per annum from the date of issue to the maturity date. Both principal and interest are payable in lawf ul money of the United States of America at the office of Bank of Virginia, Southwest, Pulaski, Virginia. This note is authorized by ordinance duly enacted by the Town of Pulaski, Virginia, on April 18, 1978, in anticipation 6184 April 18, 1978 of the collection of taxes and general revenues of the Issuer. The full faith and credit of the Issuer are irrevocably pledged to the payment of principal and interest on this note in accordance with its terms. Right of anticipation is reserved by maker. Every requirement of law relating to the issuance of this note has been duly complied with and the indebtedness evidenced hereby is within every debt and other limit prescribed by the Constitution, the Statutes of the Commonwealth of Virginia, and the Charter of the Town of Pulaski, Virginia . THE TOWN 'OF PULASKI, VIRGINIA By /s/ RAYMOND F. RATCLIFF, MAYOR By /s/ ROGER A. WILLIAMS, TREASURER Attest: /s/ GLADYS R. DALTON, CLERK SEAL Councilman Clark had no report. Councilman Meadows reported that the Ordinance Committee met and discussed the Soil Erosion and Sediment Control ordinance, and if it is approved by the Council it will become effective June 1st. The ordinance was again read to Council by Town Attorney Moore, ADOPTION OF and Councilman Meadows moved its adoption, as amended, Motion EROSION & was seconded by Councilman Brockmeyer, and carried on~the f ollow- SEDIMENT CONTROL ing vote: ORDINANCE C. William Hickam, Jr. - Aye William A. House - Aye Andrew L. Graham, Jr. - Aye Bob J. Clark - Aye Blair B. Brockmeyer - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett,Jr.-Aye AN ORDINANCE ADOPTED PURSUANT TO SEC. 21-89.1 THROUGH 21-89.15 OF THE CODE OF VIRGINIA, AS AMENDED, TO ESTABLISH A PROGRAM, PLAN, PROPER MEASURES, STANDARDS, SPECIFICATIONS AND PROCEDURES TO PREVENT, CONTROL OR REDUCE SOIL~EROSION AND SEDIMENTATION WITHIN THE TOWN OF PULASKI, VIRGINIA, AND TO PROVIDE FOR LAND DISTHRBING PERMIT, FEES AND PENALTY FOR VIOLATION OF THE ORDINANCE: TO FURTHER INCORPORATE BY REFERENCE A TOWN HANDBOOK AND CERTAIN MINIMUM STATE REQUIREMENTS. BE IR ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on this 18th day of April, 1978, that: Section 1 - Title This ordinance may be cited as the "Soil Erosion and Sedimentation Control Ordinance of the Town of Pulaski, Virginia". April 18, 1978 As used in this ordinance, unless the context clearly indicates otherwise, shall be interpreted as follows: The purpose of this ordinance is to conserve the land, water, air and other natural resources of the Town of Pulaski and promote theLaublic health and welfare of the people in the Town by establishing requirements for the control of erosion and sedimentation, and by establishing procedures whereby these requirements shall be administered and enf orced. Section 3 - Authorization This ordinance is adopted pursuant to Title 21, Chapter 1, Article 6.1 of the Code of Virginia as amended, to protect and preserve the Town's hand and water resources by establishing proper measures to prevent or reduce soil erosion and sedimentation by requiring a conservation plan to be followed when a land disturbing activity is to occur. Section 4 - Definitions 1EROSION 4.1 Town: The Town of Pulaski ORDINANCE Section 2 - Purpose 4.2 Council: Town Council of the Town of Pulaski. f1~5 4.3 Town Manager: The Town Manager of the Town of Pulaski or his authorized representative. 4.4 Town Attorney: The Town Attorney of the Town of Pulaski. 4.5 Office of Building and Zoning: The Office of Building and Zoning of the Town of Pulaski. 4.6 Planning Commission: The Town of Pulaski Planning Commission. Department. 4.7 Engineering Department: The Town of Pulaski Engineering 4.8 Conservation District: For purposes of this ordinance, "Conservation District" shall mean the Skyline Soil and Water Conservation District or its successor; and "Conservation District Officials" shall refer to the directors of the Skyline Soii and Water Conservation District or to its staff, and their successors. 4.9 Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of this State, any interstate body, or any other legal entity. 4.10 Land Disturbing Activities: Any land change which may " result in soil erosion from water or wind and the movement of sedi- ments into State waters or onto lands in the State, including, but not limited to clearing, grading, excavating, transporting and filling of land, other than Federal lands and except those exempt activities. 4.11 Exempt activities: )1) Such minor land disturbing activities as home gardens and individual home landscaping, repairs and maintenance work; (2) individual service connections; (3) construction, installation, or maintenance of electric and telephone lines; 6186 April 18, 1978 (4) installation, maintancne or repair of any underground public utility lines when such activity occurs on an existing hard surf ace road, street or sidewalk, provided such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; (5) septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system; (6) neither shall it include tilling, planting or harvesting of agricultural, horticultural, or forest crops; (7) construction, repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (8) preparation for single-family residences separately built, unless in conjunction with multiple construction in sub- division development; (9) disturbed land areas for co mmercial or non-commercial uses of less than ten thousand square feet in size; (10) installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; EROSION (11) emergency work to protect lif e, limb or property, and emergency repairs; provided that if the land disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed ORDINANCE shall be shaped and stabilized in accordance with the requirements of the plan approving authority or the Conservation District when applicable. 4.12 Land Disturber: A person who engages in a land disturbing activity as defined herein. 4.13 Land Disturbing Permit: A permit issued by the Town of Pulaski from the Office of Building and Zoning, for clearing, filling, excavating, grading or transporting, or any combination thereof, on all lands except privately owned, occupied or operated, ~r' - _= agricultural, horticultural or forestry lands. 4.14 Plan approving authority: The Engineering Department of the Town of Pulaski shall approve such plan if the plan is determined to be adequate. 4.15 Clearing, Filling; Excavating, Grading and Transporting: (1) Clearing: Any activity which removes the begetative ground cover including but not limited to the removal, root mat removal and/or topsoil removal. (2) Filling: Any depositing or stockpiling of earth materials. (3) Excavating:. Any digging, scooping or other methods of removing earth materials. (4) Grading: Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. (5) Transporting: Any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. April 18, 1978 618 4.16 Conservation Plan: "Conservation Plan","Erosion and Sediment Control Plan" or "Plan" shall mean a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps and appropriate soil and water plans inventory and management inf ormation with needed inter- pretations, and a record of decisions contributing the conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. 4.17 Erosion Control Handbook: The terms "Erosion Control Handbook" or "Handbook" shall mean the locally adopted erosion and sediment control handbook with such amendments, modifications and supplements as may, from time to time, be properly adopted. 4.18 Local Erosion and Sediment Control Program: As ourline or explanation of the various elements or methods employed by the Town to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the State program and may include EROSION such items as a local ordinance, policies and guidelines, technical materials, inspection, enf orcement and evaluation. 4.19 Technical Advisor: The Skyline Soil and Water Conservation District shall furnish technical advice for determining ORDINANCE the adequacy of a conservation plan designed to control land dis- turbing activities on a unit or units of land within the Town of Pulaski. 4.20 Specifications and Standards: Written procedures and guidelines, requirement or plans to control erosion and sedimentation, officially adopted by the Town, or Specifications and Standards pro- mulgated and adopted by other conservation officials and adopted by the Town. Section 5 - Local Erosion and Sediment Control Program: 5.1 Content of Program: Shall include-the "Guidelines for Erosion and Sediment Control Planning", the "Guidelines for Erosion and Sediment Control Plans", and the "Procedures for Plan Submission and Review, On-Site Inspection, and Ordinance Enf orcement" and shall be an integral part of the Town of Pulaski Erosion and Sediment Control Program and included in the Town of Pulaslti Erosion and Sediment Control Handbook, and as the of oresaid may from time to time be amended by proper procedure. 5.2 Standards of Program: To carry out the local control program, conservation standards shall be established. Such standards shall include criteria, guidelines, techniques, and methods for the control of erosion and sedimentation, and shall be included in the Town of Pulaski Erosion and Sediment Control Handbook. 5.3 Use of Program: The "Guidelines for Erosion and Sediment Control Planning", the "Guidelines for Erosion and Sediment Control Plans", and the conservation standards, shall be used by the. applicant, making a submittal under the provisions .of this ordinance, in preparing his erosion and sediment control plan. The Engineering Department and any other agency in considering the adequacy of a sub- mitted plan shall be guided by the same guidelines and standards. Section 6 - Regulated Land Disturbing Activities: 6.1 Approval Required: Except as activities provided f or in Sections 6(1), (2) and (3) below, no person shall engage in any land disturbing activity (as defined in Section 4.10 after June 1, 1978 (effective date of this ordinance) until he has sub- mitted to the Engineering Department, pursuant to Section 7.1 and 7.2 an erosion and sediment control plan for such land disturbing activity and until that plan has been reviewed by the Conservation District and a land disturbing permit issued theref or, except: 6~.~8 April 18, 1978 (1) Agricultural, Horticultural and Forest Lands: Any person who owns, occupies, or operates private agricultural, horti- cultural or forest lands shall not be deemed to be in violation of this ordinance for land disturbing activities which result from tilling, planting or harvesting of agricultural, horti- cultural or forest crops or products or engineering operations such as the construction of terraces, terrace outlets, check dams, destilting basins, flood water retarding structures, channel improvements, floodways, dikes, ponds, ditches, (except any operation which will alter the natural flow of surface drainage in any way) and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees and grasses; forestation and ref orestation; totation of crops; soil stabilization with trees, grasses, legumes, and other thick growing, soil holding crops; retardation of runnoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now EROSION badly Bullied or other wise eroded. However, any person who owns, occupies, or operates private agricultural, horti- cultural or forest lands shall com l with the requirements of this ordinance wherever that person proposes to conduct grading, excavating or filling operations. ORDINANCE (2) State Agencies: Any State agency that undertakes a project involving a land disturbing activity pursuant to Section 21-89.6 (f) of the Code of Virginia. (3) Multi-jurisdiction Land Disturbing Activities: Any person whose land disturbing activities involve lands which extend into the jurisdiction of another local erosion and sediment _.r~~rci control program; provided, such person has a plan approved by the Virginia Soil and Water Conservation Commission. Such persons shall comply with the requirements of this ordinance concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other Legal arrangement as is acceptable to the Town Manager. 6.2 Responsibility to Obtain a Permit: Whenever a land disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land; unless, however, the contract is made with a Lessee, or a bona fide agent of the owner of the land upon which the land disturbing activity is proposed, then, in such case the Lessee or agent shall have the responsibility to prepare, submit and obtain the required erosion and sediment control plan. 6.3 Existing Land Disturbances: Nothing in this ordinance shall be construed to effect any land disturbing activity which is commenced prior to June 1, 1978. Section 7 - Submission of Conservation Plans 7.1 Proposed Development and Land Disturbing Activity: Any person who intends to undertake land disturbing activity, excepting proposed buildings as provided for in Section 7.2, or other specific exemptions cited within this ordinance, shall submit to the Engineering Department four (4) copies of a conservation plan for control of soil erosion in conf ormity with the Handbook. Upon receipt of the plan, one copy of such plan shall be forwarded to the Conservation District, except when such plan is submitted in conjunction with a subdivision plat, the conservation plan shall be referred to the Conservation District after approval by the Planning Commission of a tentative subdivision plat. Aprii 18, 1978 6189 7.2 Porposed Buildings: Any person who submits to the Office of Building and Zoning an application for a building. or demolition permit, the implementation of which will result in land disturbing activity, shall submit with the application four. (4) copies of such plans for control of soil erosion in conf ormity with the Handbook. Upon receipt of the application, the plans will be ref erred to the Engineering Department and be distributed according to the procedure outlined in Section 7.1. Section 8 - Action on Erosion and Sediment Control Plans 8.1 Responsibility of Plan Aooroving Authority: The Engineering Department shall act on all plans submitted to it within thirty (30) days from receipt thereof by either approving or disapproving said plan in writing and giving the specific reasons for its disapproval. The approval of the Engineering Department shall not be given until the Conservation District has approved .the plan or has failed to act within the time limit provided in 8.2. When a plan submitted for approval pursuant to this ordinance is found, upon review by the Engineering Department, to be inadequate, the Engineering Department shall specify such modifications, terms, and conditions as will permit approval of the plan and shall communicate these requirements to the applicant. If no action is taken by the Engineering Department within the time specified above, the plan shall be deemed approved regardless EROSION of approval or disapproval by the Conservation District and the person shall be authorized to proceed with the proposed activity. 8.2 Action by Technical Advisor: The Conservation District ORDINANCE shall review the plans within fifteen (15) days from receipt thereof and either recommend approval or disapproval of said plan in writing and give the specific reason for a recommended disapproval. When a plan submitted by this ordinance is found upon review, by the Conserva- tion District, to be inadequate, the Conservation District shall specify such modifications, terms, and conditions as will permit approval of the plan and shall communicate immediately these requirements to the Engineering Department. If no action is taken by the Conservation District within the time specified above, the plan shall be deemed acceptable to the district. 8.3 Modification of Approved Plan: An approved plan may be changed by the Town of Pulaski Engineering Department which has apir owed the plan in the following cases: (1) Where inspection by the Engineering Department or the Conservation District has revealed the inadequacy of the plan 'to accomplish the erosion and sediment control objectives of the plan, and appropriate modifications to correct the deficiencies of the plan are agreed to by the Engineering Department, Conservation District and the person responsible for carrying out the plan; or (2) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot effectively be carried out, and proposed amendments of the plan, consistent with the requirements of this ordinance, are agreed to by the Engineering Department, Conservation District and the person responsible for carrying out the plan. (3) All changes deemed to be necessary by the Engineering Department shall be communicated to the Land Disturber immediately and in a manner not to delay the work. Section 9 - Issuance of Land Disturbing Permit; Fees 9.1 Land Disturbing Permit: Except as provided in subsections 6 (1), (2) and (3), no person shall engage in any land disturbing activity until he has acquired a land disturbing permit from the Office of Building and Zoning. The Permit shall be issued immediately upon the approval of the Plan by the Engineering Department and the payment of the fee for the permit as required by this ordinance. 9.2 Land Disturbing Permit Fee: There shall be a charge f or the cost of review and approval of conservation plans collected `"~~~ April 18, 1978 from the land disturber according to the fee schedule adopted for this purpose by resolution of the Town Council. Such costs shall not exceed twenty-five dollars and shall be payable to the Town of Pulaski. The permit shall be issued to the disturber by the -Office of Building and Zoning. However, the above fee shall not be charged where erosion and sediment plan is required to be filed as a part of a subdivision plat, site plan, or a plan of development and a f ee or charge is imposed for review of said plat and plans. Section 10 - Certification and Perf ormance Bonding 10.1 Certification: The Office of Building and Zoning shall not issue any (grading, land disturbing, building or other) permits after June 1, 1978 for activities which involve land disturbing activities unless the applicant therefor submits with his application the erosion and sediment control plan required by this Ordinance or certification of such approved plan from the Engineering Department and certifies that such plan will be followed. 10.2 Performance Bond: The Engineering Department, prior EROSION to the issuance of any land disturbing permit, may require ,from the applicant a performance bond, cash escrow, letter of credit, or such combination thereof, or other legal arrangement acceptable to the Town to insure that emergency measures could be taken by the Town at the applicant's expense should he fail within the time ORDINANCE specified to initiate appropriate conservation action which may be required of him as a result of his land disturbing activity. The Engineering Department may request the Conservation District to give an estimate cost of the Flan. Within 60 days of the completion of the land disturbing activity, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unoblig- ated portion thereof, shall be refunded to the applicant or terminated, as the case may be. If the land disturber fails to comply with the approved plan, and after notification as re- quired by Section 11.2, the Town,., in consultation with the Conservation District, may determine that the performance bond or escrow may be used to execute the plan. 10.3 Other Provisions of Law: The requirements of this section are in addition to all other provision of law which relate to the issuance of such permits and shall not be construed to otherwise affect the requirements for such permits. Section 11 - Inspections, Monitoring and Reports 11.1 Inspection: The Engineering Department may period- ically inspect the land disturbing activity to insure compliance with the approved plan and to determine whether the measures required in that plan are effective in controlling erosion and sediment resulting from the Land disturbing activity. The right-of-entry to conduct such inspections shall be expressly reserved in the permit. The Engineering Department may request assistance from the District or irs cooperating agencies for such inspections. 11.2 Failure to Comply with Approved Plan: If the Engineering Department determines that the permit holder has failed to comply with the plan, the Engineering Department shall immediate- ly serve upon the permit holder by registered or certified mail to the address specified by the permit holder in his permit application a notice to comply. The Engineering Department may request a recommendation from the District of its cooperating agencies prior to making such determination. Such notice shall set forth specifically the measures needed to come into compliance 1 ~, C April 18, 1978 691 with such plan and shall specify the time within which such measures shall be completed. If the permit holder fails to comply with the time specified, he may be subject to revocation of the permit; further- more, he shall be deemed to be in violation of this ordinance and upon conviction shall be subject to the penalties provided by this ordinance. Section 12 - Administrative Review; Appeal; and Legal Action 12.1 Administrative Appeal: Final Decisions of the Engineer- ing Department and the Town Manager under this ordinance shall be subject to review by the Town Council, provided an appeal is filed within thirty (30) days from the date of any written decision by the Engineering Department which adversely. affects the rights, duties or privileges of the person engaging in or proposing to engage in land disturbing activities. 12.2 Judicial Review: Final decisions of the Town Council under this ordinance shall be subject to review by the Circuit Court for Pulaski County, provided an appeal is filed within thirty (30) days from the date of the final written decision which adversely affects the rights, duties or privileges of the person engaging in or proposing to engage in land disturbing activities. 12.3 Injunction Relief: The Town may. apply to the Ciraait EROSION Court of the County of Pulaski for injunctive relief to enjoin a violation or a threatened violation of this ordinance, without the necessity of showing that there does not exist an adequate remedy at law. 12.4 Legal Action: The Commonwealth Attorney, upon request ORDINANCE of the Town, shall take legal action to enf orce the provisions of this ordinance. 12.5 Legal Suits Involving Conservation Plans: Compliance with the provisions of this ordinance shall be rimy facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. 12.6 Immunity from Liability: The review, approval and enf orcement of the soil erosion and sediment control plans and specifications shall not constitute a representation, guarantee or warranty of any kind by the Town, or by any official or employee thereof, of the practicability or saf ety of any structure, use, or other plan proposed and shall create no liability upon or cause of action against such public body, official, or employee for any damage that may result pursuant thereto. Section 13 - Penalties Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five Dollars ($25.00) nor more than one thousdan dollars ($1,000), or imprisonment not to exceed thirty (30) days, or both, and each day during which each violation shall continue shall constitute a separate offense. Section 14 - Severability Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid. 6192 April 18, 1978 Section 15 - Review and Amendments This Ordinance may be amended from time to time by the Town. This Ordinance and the Town Handbook, which is hereby incorporated EROSION and made a part hereof, shall be reviewed annually by the Engineer- ing Department and recommendation made to the Town Council. ORDINANCE Section 16 - State Minimum Standards -Applicable In the event that circumstances involving land-disturbing activities arise within the Town which are not covered by the provisions of this Ordinance, but are covered by the Minimum Standards under the Erosion and Sediment Control Law as set out in Article 6.1 of Title 21 of the Code of Virginia, as amended, then said State Minimum Standards shall apply. Section 17 - Effective Date This ordinance was duly considered, following a required public hearing held on June 1, 1976, and was adopted by the Town of Pulaski at its regular meeting held on April 18, 1978 This Ordinance shall be effective on and after 12:01 A. M. June 1, 1978. Town Manager Marshall reported there seems to be some interest STRAW VOTE by the local High School government class in conducting a "straw vote" ON LEASH LAW for the Town on May 2nd on the question of a Leash Law for the Town. Councilman Neblett had no report. Mayor Ratcliff reported that according to a recent report WRIT OF ERROR by the Virginia Municipal League, aWrit of Error had been granted GRANTED IN STAUNTON VS. in the Staunton vs. Cash suit dealing with Annexation, and in which CASH - ANNEXATION suit the Town of Pulaski had contributed the sum of $250.00 towards SUIT the cost of the suit. Town Manager Marshall reported that CLEAN UP WEEK had been CLEANUP WEEK scheduled for May 1 thru 5, 1978, with a follow-up week (8 - 12) for SCHEDULE pick-ups where people were not able to meet the first clean-up week schedule. Town Manager Marshall reported that as a result of the plans and efforts by the Beautification Committee, within the next BEAUTIFICATION several weeks some very attractive benches would be placed along PLANS/ benches ON MAIN ST. Main Street. Town Manager Marshall requested an Executive Session of EXECUTIVE Council for the discussion of a personnel matter at the conclusion SESSION of the meeting . Councilman Neblett moved, at 8:00 P. M., to go into Executive Session for the discussion and consideration of a personnel matter. Motion was seconded by Councilman House, and carried. At 9:00 P. M. Councilman Hickam moved, seconded by Council- REGULAR SESSION man Clark, that Council return to regular session. Motion was 5193 April 18, 1978 carried. At 9:01 P. M. Mayor Ratcliff declared Council to again be in regular session, and inquired if there was other business to come before the Council. There being none, Councilman Johnston at 9:02 P. M. moved, seconded by Councilman Clark, that Council adjourn. Motion was carried. APPROVED: ~~ ,!`~!' Mayor atcliff ~t ATTEST L~ i Clerk of ouncil ~ .~ iL