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Renewal Process
Typically, Agricultural and
Forestal Districts in Fauquier County are approved for a
term of eight years. The Department of Community Development
is in the process of realigning the terms for Agricultural
and Forestal Districts so that the renewal process can occur
once a year, at the same time each year; therefore, proposed
terms for the renewals may be slightly more or less than
eight years.
During the renewal process,
any landowner with property in the District may
automatically withdraw their land by submitting a written
request during the renewal process, with the withdrawal
becoming effective upon the expiration date of the current
term of the district. In addition, any landowner with
qualifying lands may apply to add their property to a
District being renewed throughout the renewal process.
Letters have been sent by
the County to all owners of property in the District
notifying them of the renewal process and their options
relative to the renewal.
Board of Supervisors’ Revised Policy on Parcels 25 Acres or
Smaller
On March 8, 2007, the Board
of Supervisors revised the policy on parcels 25 acres or
smaller in agricultural and forestal districts. The current
policy conditions are:
1. No parcel less than five (5)
acres in size shall be added to an agricultural and forestal
district.
2. Parcels from five (5) acres to
25 acres in size may be included in the agricultural and
forestal district, provided that:
a.
The parcel is under a
perpetual conservation or open space easement held for
public benefit.
or
b.
The parcel is under the same or family ownership as
other parcels which together comprise a contiguous tract of
at least 25 acres. Such groups of parcels shall be
evaluated for inclusion in the District under the same
criteria established for parcels 25 acres or greater in
size.
Requests for Withdrawals,
Exceptions to the 25 Acre Rule and Additions
Of the total 20 parcels in
the District, 16 parcels are 25 acres or greater. As of
June 12, 2007, six (6) parcels have been withdrawn at the
request of the owners.
Of the 20 parcels, four (4)
parcels are less than 25 acres. As of June 12, 2007, four
(4) parcels have been withdrawn at the request of the
owners.
Of the 20 parcels, no parcel
is less than five (5) acres.
See Attachment 1 for a list
of specific parcels.
As of June 12, 2007, no
requests for additions have been received for this District.
Existing Conditions
The Board may place
conditions on the renewal of any district. Currently, all
parcels in the Thumb Run Agricultural and Forestal District
are subject to the following conditions:
1.
That pursuant to Title 15.2, Chapter 43, Section
15.2-4312 (b) of the Code of Virginia (1950), as amended,
the Fauquier County Zoning Ordinance shall apply except as
modified below. The modifications are necessary to assure
that the Ordinance does not conflict with the purpose for
which the District was established.
a.
All uses allowed by right in the applicable zoning
district(s) for each parcel listed in this ordinance shall
require a special exception permit except that farming uses
and single-family dwellings on a legally recorded parcel of
record shall be permitted by right.
b.
Subdivision of land as defined in Article 2-39 of the
Fauquier County Subdivision Ordinance is not permitted.
c.
No special exception permit shall be in conflict with
the purposes for which the District was created.
2.
That these parcels shall qualify for land use value
assessment provided that the parcels meet the criteria of
Article 4 of Section 58.1-3229 et seq. of Chapter 32 of
Title 58.1 of the Code of Virginia.
3.
That the owners of land within the District shall not
terminate the District except as provided for in Section
15.2-4314 of the Code of Virginia.
4.
That lawful termination of any owner’s association in
the District shall not serve to terminate the existence of
the District, but the District shall continue in effect
until the review required by Section 15.2-4314 of the Code
of Virginia.
In addition, recent
additions to the District have had these additional
conditions placed on them:
1.
If a parcel is sold, it is to be withdrawn from the
District
2.
If a parcel smaller than 25 acres is sold, it is to
be withdrawn from the District
3.
If a parcel is sold, divided or boundary adjusted to
below 25 acres, it is to be withdrawn from the District.
Staff
Recommendations
In order to bring the second
renewal of the Thumb Run Agricultural and Forestal District
into conformance with the above-referenced Board of
Supervisors’ policy, staff recommends that all parcels
listed on Attachment 1, Part A, be approved for renewal into
the Thumb Run Agricultural and Forestal District for another
term, with an expiration date of June 30, 2015, with the
following conditions placed on all parcels:
1.
That pursuant to Title 15.2, Chapter 43, Section
15.2-4312 of the Code of Virginia (1950), as amended, the
Fauquier County Zoning Ordinance shall apply except as
modified below. These modifications are necessary to assure
that the Ordinance does not conflict with the purpose for
which the District was established.
a.
All uses allowed by right in the applicable zoning
district(s) for each parcel listed shall require a special
exception permit except for agricultural or forestal
production and construction of dwellings for persons who
earn a substantial part of their livelihood from a farm
operation on the property or for members of their immediate
family.
b.
Subdivision of land as defined in Article 2-39 of the
Fauquier County Subdivision Ordinance is not permitted.
c.
No special exception permit shall be in conflict with
the purposes for which the District was created.
2.
That these parcels shall qualify for land use value
assessment provided that the parcels meet the criteria of
Article 4 of Section 58.1-3229 et seq. of Chapter 32 of
Title 58.1 of the Code of Virginia.
3.
That the owners of land within the District shall not
terminate the District except as provided for in Section
15.2-4314 of the Code of Virginia.
4.
That lawful termination of any owner’s association in
the District shall not serve to terminate the existence of
the District, but the District shall continue in effect
until the review required by Section 15.2-4311 of the Code
of Virginia.
5.
If a parcel is divided or boundary line adjusted to
below 5 acres, it shall be removed from the District.
Staff further recommends
that all parcels listed on Attachment 1, Part D, be excluded
from the renewal of the Thumb Run Agricultural and Forestal
District unless written request from the property owner is
received, demonstrating that the parcel meets one of the
criteria outlined in the Board of Supervisor’s March 2007
revised policy statement. These written statements should be
received prior to the Board of Supervisors’ action at the
June 14, 2007, public hearing. There are no parcels in the
District smaller than five (5) acres.
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