PUBLIC HEARING AGENDA REQUEST
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Sponsor:
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Meeting Date:
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Richard Robison, Center
District Supervisor
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January 20, 2004 |
Staff Lead:
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Department:
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Frederick P.D. Carr, Director
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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
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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. |
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Requested Action of the Board of Supervisors: |
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Conduct a
public hearing and consider adoption of the attached
Ordinance. |
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Analysis: |
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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.
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Identify any other Departments, Organizations or
Individuals that would be affected by this request: |
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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
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
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)
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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 |
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SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
SE |
Section 5-2002.6 is deleted: A
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:
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.
Outside service districts in the R-1, R-2,
RR-2 and V zones.
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.
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.
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.
Section 12-612 Utilities
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. |