PUBLIC HEARING AGENDA REQUEST

Sponsor:

 

 Meeting Date:

Richard Robison, Center District Supervisor

 

January 20, 2004

Staff Lead:

Department:

 

Frederick P.D. Carr, Director

 

Community Development

Topic: An Ordinance Adopting Text Amendments to the Subdivision and Zoning Ordinances to Restrict Use of Multiple User Sewage Disposal Systems to Service Districts

 

Topic Description: 

 

This request presents proposed text amendments to the Zoning Ordinance that affect Sections 2-503, 3-330, 5-2002.6, 7-502, 7-503, 12-501.12 and 12-612, as well as Subsection 4-11.2.A of the Subdivision Ordinance.  The proposed revisions result in: (1) the elimination of central public and private sewer systems as a treatment option outside service districts, except for health and remediation correction of failing septic systems; and (2) the establishment of limitations for central community wastewater treatment systems in “non-sewered areas” in designated service districts. 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Analysis:

Background Information: 

 

The Comprehensive Plan has nine designated service districts; each has its land use plan and elements that deal with public facilities, transportation elements key to that location.  Here the most of our future development is anticipated, with the requisite delivery of public utilities and services being more cost effective due to the higher planned densities and development scales.  The Fauquier County Water and Wastewater Master Plan (Camp Dresser & McKee:  March 1997) has been incorporated by reference in Chapter 9 – Public Facilities & Utilities of the Comprehensive Plan.  That document details existing and planned public water and sewer service, except in areas served, for example, by the Town of Warrenton and identified within the County/Town/WSA Master Sewer and Water Agreement.   Some of the Service Districts also have designated “Non-Sewered Areas”, where public sewer service is not planned, and residential lots and other permitted uses are expected to be served by individual septic/drainfield systems. 

 

Central sewer for development is not an implementation policy in Fauquier County for areas outside or inside Service Districts in areas designated “Non-Sewered” where lower scaled residential and other development uses are planned and currently zoned.  In these areas, residential lots and non-residential uses are expected to be served by individual lot septic/drainfields afforded to our typical small villages, settlements, rural and agricultural areas.  The exceptions, for example, are for existing and failed drainfield areas where the Health Department has determined there is no other solution other than connection to a central sewer. The Fletcherville community, due to the latter condition, was designated a Remediation Area for specified lots in the Comprehensive Plan, with certified service from the Town of Warrenton. The “Non-Sewered” designation within Service Districts can be Board of Supervisors changed, with clear justification and public hearing through the text amendment process for the Comprehensive Plan.  An example is the Brookside Community in the New Baltimore Service District, where the Board of Supervisors extended public sewer south of the Waterfield development to the referenced properties and the Auburn Middle School.

 

The Board of Supervisors approved two special exception applications in 2003 for community wastewater treatment systems for the Raymond Farm and Warrenton Chase projects in the Warrenton Service District. Here the Town of Warrenton did not agree to extend sewer service from adjoining properties to these proposed projects. These systems will be designed in accordance with Fauquier County Water & Sanitation Authority (WSA) standards, be permitted through the state, and will be owned, operated and maintained by the WSA.  The Board of Supervisors in these two cases also made it clear through their public hearing approval process that private systems will not be accepted in these limited and unique circumstances.

 

Board of Supervisors Referral:

 

At its June 16, 2003 meeting, the Board of Supervisors referred to the Planning Commission proposed amendments to specified sections of the Fauquier County Zoning and Subdivision Ordinances to: (1) Restrict Use of Multiple User Sewage Disposal Systems to Service Districts; and (2) Permit Only Public Sewer in Service Districts Except with a Special Exception. The Board of Supervisors’ proposed amendments, which were originally referred to the Planning Commission, are identified in Attachment 2. 

 

Planning Commission Actions:

 

On August 28 and September 25, 2003, the latter amendments were subject to public hearings and subject to a series of Planning Commission work sessions. A more comprehensive edit of the Subdivision and Zoning Ordinances resulted in the current draft (refer to Attachment 1) that: (1) would result in the elimination of central public and private sewer systems as an option outside service districts, except for health and remediation correction of failing septic systems; and (2) established proposed limitations for community wastewater systems in “non-sewered areas” designated within Service Districts.  On December 18, 2003, the proposed text amendments, including the added revisions, were advertised and subject to a Planning Commission public hearing.   Special notations are provided in that attachment with summary explanation text boxes outlined in red, with the proposed refinements identified with deletion marks or underlined in black for ease of reference.

 

The WSA language has been added to the draft amendment and marked in blue, refer to Section 7-502.3 (pp. 4-5).  The draft additions have been coordinated and developed through the Office of the County Attorney.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

 

County Health Department

Fauquier County Water and Sanitation Authority

Department of Community Development

 


 

ORDINANCE

An Ordinance Adopting Text Amendments to the Subdivision and Zoning Ordinances to Restrict Use of Multiple User Sewage Disposal Systems to Service Districts

            WHEREAS, the Zoning and Subdivision Ordinances currently permit non-public sewer systems in service districts; and

            WHEREAS, the Zoning and Subdivision Ordinances currently permit public and multiple user sewer systems outside of service districts; and

            WHEREAS, the Board of Supervisors wishes to restrict public and multiple user sewer systems to service districts only; and

            WHEREAS, the Board of Supervisors wishes to require the use of only public sewer systems in service districts; now, therefore, be it

Text Box: Note:  Relocated to in Section 7-503  1.

 

            ORDAINED by the Fauquier County Board of Supervisors this 20th day of January 2004, That the Fauquier County Zoning Ordinance be, and is hereby, amended to read as follows:

 

 

Section 2-503  Sewer and Water Facility Requirements

Text Box: This section includes provisions for the non-residential categories; represents a housecleaning revision needed for clarity.
 

 

All structures built hereafter shall meet the requirements for sewer and water facilities as set forth in the Health Department regulations, the Subdivision Ordinance and this Ordinance. 

 

3-330     Waiver of Public Sewer Requirement

(Category 30) 

RC

RA

RR-2

V

R-1

R-2

R-3

R-4

TH

GA

MDP

C-1

C-2

C-3

CV

I-1

I-2

 

 

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

Text Box: Note:  This does not preclude use of individual systems for each industrial or commercial use; it excludes central systems outside service district areas, except for remediation purposes.

 

Section 5-2002.6 is deletedA special exception for a private sewage treatment system may be allowed for new construction for Commercial or Industrial uses outside of service districts provided that the system is operated under the control of the Fauquier County Water and Sanitation Authority, or a Class III wastewater operator which holds a current permit licensed in the State of Virginia.  In approving such a system, the Board may establish conditions including but not limited to use, maintenance, and testing.

 

Section 7-502 Public Sewer Requirements. 

Section 7-502  Public Sewer Requirements.

Public sewer shall be required for all residential subdivisions, multifamily or townhouse development of 25 or more lots or units under the following circumstances:

  1. Within the Bealeton, Marshall, New Baltimore, Opal, Remington and Warrenton service districts, except in those areas designated as non-sewered and/or non-public water growth areas in the Comprehensive Plan.

 

  1. Outside service districts in the R-1, R-2, RR-2 and V zones.

 

  1. The requirement for a public sewer system may be removed by special exception pursuant to Sections 5-3000.

 

1.     Except as described herein, public sewer shall be required for all lots and dwelling units located in any service district in which public sewer is available. Provided that public sewer is not required:

 

2.   However, public sewer is not required:

a)      Within the Catlett, Calverton and Midland Service Districts; or

b)      In any area of a service district designated as a non-sewered growth area in the Comprehensive Plan.

c)      In any area where the requirement for public sewer system has been removed by special exception pursuant to Section 3-330 and the general and specific standards contained in Article 5 of this Zoning Ordinance.

3.   Public and private central sewer systems shall not be permitted outside of any service district, nor permitted inside designated non-sewered areas within service districts of the Comprehensive Plan, except to correct existing health problems on developed lots.  For purposes of this subsection the term “sewer system” shall be defined as any sewage disposal system serving two or more lots or dwelling units.  Notwithstanding any other provision of this subsection to the contrary multiple use sewage disposal systems may be authorized outside of service district pursuant to Section 3-320 and the general and specific standards contained in Article 5 of this Zoning Ordinance when necessary to remediate a failed drainfield serving an existing use, which has been certified by the Virginia Health Department to pose a real or potential health threat and multiple use system is the only alternative for repair.

 

For existing lots with failing drainfields in designated non-sewered areas, within Service Districts of the Comprehensive Plan, the health mitigation priorities order are:  (1) installation of individual alternative systems for each lot; (2) connection to a public sewer system; and, as a last resort, for clustered failures affecting 15 or more lots, (3) a community wastewater system that provides advanced wastewater treatment capable of biological nutrient removal (package treatment) designed to the established standards and best management practices Community Wastewater System Standards, Utility Standards and Rules and Regulations of the Fauquier County Water and Sanitation Authority (WSA) for the specified watershed location.  Such community wastewater treatment systems must be owned and operated by the WSA.  An amendment to the Comprehensive Plan for any remediation area being connected to a public sewer system or community wastewater system shall be required and limited to the effected developed lots.

Text Box: Planning Commission substituted the WSA recommended language.

 

 

 


 

Section 7-503 Central Water System

 

Whenever a public water system is not required, a freestanding central water system shall be designed and constructed to serve all lots within a subdivision of seven or more lots, unless a special exception is obtained in accordance with the terms of Section 5-3100.

Text Box: Added sewer systems to this element as presented below.

 

 


 

Replace with:

 

Section 7-503  Sewer and Water Facility Design and Construction Requirements.

 

1.      All public or central water and/or sewer facilities shall be designed and constructed to meet any applicable requirements of the Virginia Department of Health, Fauquier County Water and Sanitation Authority, the Subdivision Ordinance and this Ordinance.

 

2.   In subdivisions in the RA and RC zones containing 25 or more lots, the required central water system shall be designed and constructed to provide adequate fire flows as determined by the Virginia Department of Health.

 

Section  12-501   12.   Existing and proposed water and sanitary facilities indicating all pipe sizes, types and grades and where connection is to be made to an existing or proposed public or central water and sewer system. 

Text Box: Note:  one of 45 listed requirements for any site plan application.
 

 

 

 


 

Section 12-612  Utilities

 

Text Box: Note:    This item is deleted as surplus language; stated elsewhere within the Zoning Ordinance; need to renumber Section 12-612 accordingly. Numbers 6 and 7 below are clarification refinements.
 

 

3.   When central water and/or sewer systems having sufficient capacity either exist or are proposed within reasonable distance of the area of the site plan, provisions shall be made to connect to the system. 

 

 

 

 

 

5.4.      Where a development is to be served by public or central water and/or sewerage, the availability of connections adequate to serve the proposal shall be reserved by the developer, and fees required therefore paid and any agreements required by the provider of such services executed prior to site plan approval.  Payment in full for such connections, or other arrangements acceptable to the provider of services shall be made prior to the issuance of a building permit.

 

6.5.      The cost of providing reasonable and necessary sewerage, water and drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement of his subdivision or development, shall be in accordance with Section 15.1466(j) 15.2-2243 of the Code of Virginia.

And

B. Subsection 4-11.2)A) of the Fauquier County Subdivision Ordinance be, and is hereby, amended as follows:

Section 4-11 Sanitary Sewer and Water

2)   Additional Requirements-Service Districts

A) Sewer shall be required in service districts as set forth in Section 7-502 of the Fauquier County Zoning Ordinance.

 


 

ORDINANCE

AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE FAUQUIER COUNTY ZONING AND SUBDIVISION ORDINANCES TO RESTRICT USE OF MULTIPLE USER SEWAGE DISPOSAL SYSTEMS TO SERVICE DISTRICTS AND TO PERMIT ONLY PUBLIC SEWER IN SERVICE DISTRICTS EXCEPT WITH A SPECIAL EXCEPTION

            WHEREAS, the Zoning and Subdivision Ordinances currently permit non-public sewer systems in service districts; and

            WHEREAS, the Zoning and Subdivision Ordinances currently permit public and multiple user sewer systems outside of service districts; and

            WHEREAS, the Board of Supervisors wishes to restrict public and multiple user sewer systems to service districts only; and

            WHEREAS, the Board of Supervisors wishes to require the use of only public sewer systems in service districts; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this ___ day of ________ 2003, That

A. The Fauquier County Zoning Ordinance be, and is hereby, amended to read as follows:

Section 5-2002. 6 is deleted.

Section 7-502 Public Sewer Requirements

1.      Public sewer shall be required for all lots and dwelling units located in any service district in which public sewer is available provided that public sewer is not required:

a)      Within the Catlett, Calverton and Midland Service Districts; or

b)      In any area of a service district designated as a non-sewered growth area in the Comprehensive Plan.

c)      In any area were the requirement for public sewer system has been removed by special exception pursuant to Section 3-330 and the general and specific standards contained in Article 5 of this Zoning Ordinance.

2.      Public and private sewer systems shall not be permitted outside of any service district.  For purposes of this subsection the term “sewer system” shall be defined as any sewage disposal system serving two or more lots or dwelling units.  Notwithstanding any other provision of this subsection to the contrary multiple use sewage disposal systems may be authorized outside of service district pursuant to Section 3-320 and the general and specific standards contained in Article 5 of this Zoning Ordinance when necessary to remediate a failed drainfield serving an existing use, which has been certified by the Virginia Health Department to pose a real or potential health threat and multiple use system is the only alternative for repair.

and

B. Subsection 4-11.2)A) of the Fauquier County Subdivision Ordinance be, and is hereby, amended as follows:

Section 4-11 Sanitary Sewer and Water

2)   Additional Requirements-Service Districts

A) Sewer shall be required in service districts as set forth in Section 7-502 of the Fauquier County Zoning Ordinance.