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