ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 12-601, 12-609, 12‑610, 12-611, 12-617, AND 12-702 TO MAKE THESE SECTIONS CONSISTENT WITH THE RECENTLY ADOPTED DESIGN STANDARDS MANUAL

  

WHEREAS, on October 27, 2005, the Planning Commission initiated this text amendment; and

 

WHEREAS, on December 7, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and

 

WHEREAS, on January 12, 2006, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 12th day of January 2006, That Sections 12-601, 12-609, 12-610, 12-611, 12-617, and 12-702 of the Fauquier County Zoning Ordinance be, and are hereby, amended as follows:

 

 

 

PART 6           12-600                         MINIMUM STANDARDS AND                                                                                        IMPROVEMENTS REQUIRED

 

12-601  Costs and Specifications

 

All improvements required by this Article shall be installed at the cost of the developer.  Bonding requirements for all projects shall be governed by the most current version of Chapter 8 of the Design Standards Manual.  Where cost sharing and/or reimbursement agreements between the County and the developer are appropriate, the same shall be handled as set forth in the most current version of Chapter 8 of the Design Standards Manual. recognized by formal written agreement prior to site development plan approval and shall be subject to VDOT review and acceptance. Where specifications have been established either by VDOT for streets, etc., or by this Ordinance for related facilities and utilities, such specifications shall be followed. The developer's performance bond shall not be released until construction has been inspected and accepted by the County and by the VDOT. Partial bond releases may be granted in accordance with Article 15.2- 2241 of the Code of Virginia, 1950, as amended.

 

The Board of Supervisors delegates the authority for bonding including bond releases, reductions and extensions to the Director of Community Development.

 

 [12-602 through 12-608 - Same]

 

12-609  Easements

 

Adequate easement shall be provided and recorded prior to site plan release, as set forth in the most current version of Chapter 2 of the Design Standards Manual.  Minimum easement width shall be ten (10) feet. Where multiple structures or pipes are installed, the edge of the easement shall be five (5) feet clear of the outside pipes. Where easements do not follow the established lot lines, the nearest edge of any easement shall be a minimum of five (5) feet from any building.

 

12-610  Drainage

 

Adequate drainage for the disposition of storm and natural waters both on and off-site shall be provided. The extent and nature of both on-site and off-site treatment including on-site stormwater retention, where deemed appropriate and necessary, are to be determined by the developer in conference with the Director and other agencies, as applicable, and in accordance with the most current version of Chapter 11 of the County Code and Chapter 2 of the Design Standards Manual. Fauquier County Erosion and Sediment Control Handbook, as adopted on February 16, 1982.

 

12-611 Erosion and Sediment Control

 

1.   Provision shall be made for all necessary temporary and permanent erosion and sediment control measures both on and off-site, in accordance with the most current version of Chapter 11 of the County Code and Chapter 2 of the Design Standards Manual. Fauquier County Erosion and Sediment Control Handbook, as adopted on February 16, 1982.

 

2.   Erosion and Sediment Control Plans as submitted under the Erosion and

Sediment Control Ordinance shall be prepared in accordance with Chapters

Three and Four and shall contain the elements listed and explained in Chapter

Six of the Virginia Erosion and Sediment Control Handbook, 1980, as amended.

 

[12-612 through 12-616 - Same]

 

12-617 Environmental Impact

            Adverse environmental impact of the development should be minimal. The

            criteria for determination is as follows:

 

            1.   Water supplies - The impact will be deemed excessive if the Health Officer

                  finds that the development will jeopardize the safety of present or future

                  water supplies or that by reason of topography, soil type and condition,

                  surface and subsurface drainage conditions, water table, history of failures of

                  septic systems in adjacent areas, and the extent of septic development, there

                  appears to be doubt of the proper functioning of septic systems with respect

                  to contamination of water supplies.

 

            2.   Lack of adequate drainage - Excessive environmental impact with respect to

                  drainage shall be deemed to exist if surface or subsurface water retention

                  and/or run-off is such that it constitutes a danger to the structural security of

                  proposed dwelling units or other on-site or off-site structures. In addition,

                  inadequate drainage shall be deemed to exist where proposed site grading

                  and development creates harmful or damaging effects from erosion and

                  siltation on downhill and/or downstream land and no adequate remedy is

                  provided. Recommendations are to be requested from the John Marshall Soil

                  and Water Conservation District based on the evaluation of submitted

                  Sedimentation and Erosion Control Plan.

 

            3.  Tree masses and large individual trees should be preserved wherever

                  possible.

 

            4.  Wherever possible, utility lines should be placed underground.

 

            5.  All major streams and rivers, especially those upon which flood control,

                  water impoundment and recreation facilities are located or planned, should

                  be left in their natural state where adequate or improved to provided for the

                  maintenance of water quality standards.

 

[12-618 through 12-620 - Same]

 

 

PART 7                       12-700  ADMINISTRATION AND PROCEDURES

 

[12-701 – Same]

 

12-702  Administration Review of Drainage and Erosion and Sediment Control Plans

 

            1.   Preliminary review of drainage and erosion and sediment control plans shall

                  be made in conference with the developer and the Director.

 

            2.   Subsequent review shall be made by the John Marshall Soil and Water

                  Conservation Commission, and where on-site stormwater retention is

                  required, review of designs for such structures shall be made by Planning

                  District 8. Conveyance of plans to these agencies for review shall be the

                 responsibility of the developer. All plans shall be stamped through the                     Office of Community Development.

 

            1.  Preliminary and final review of drainage and erosion and sediment control plan shall be in conformance with Chapter 2 of the Design Standards Manual.

 

               2.  The erosion & sediment control plan may be performed by the John Marshall Soil and Water Conservation District.

 

            3.   No site plans shall be subject to approval until approvals by reviewing

agencies have been obtained by the Director.

 

[12-703 through 12-707 – Same]