Option B

ORDINANCE

AN ORDINANCE TO AMEND SECTION 208.7 OF THE DESIGN STANDARDS MANUAL, ALSO REFERENCED AS SECTION 11.7 OF THE FAUQUIER COUNTY EROSION AND SEDIMENT CONTROL ORDINANCE, TO ADD PROVISION FOR THE ISSUANCE OF EARLY GRADING PERMITS TO FACILITATE DEVELOPMENT OF COMMERCIAL, INDUSTRIAL AND GOVERNMENTAL PROJECTS

WHEREAS, Section 208.7 of the County’s Design Standards Manual currently provides that no land disturbing permit shall be issued prior to site plan or infrastructure plan approval; and

WHEREAS, the Board of Supervisors is interested in promoting and facilitating commercial and industrial development, and in streamlining the review process for such development and governmental projects; and

WHEREAS, provision for early grading permits will allow for the installation of sediment and erosion control devices, site clearing and rough grading during the final review of the site development plan or bonding process, and will provide the opportunity for the developer to take advantage of good weather and other conditions to help the construction of these projects move forward in a more expeditious manner; and

WHEREAS, on January 10, 2008, the Fauquier County Board of Supervisors initiated this text amendment; and

WHEREAS, on February 14 and March 13, 2008, the Fauquier County Board of Supervisors held a public hearing on this amendment; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 13th day of March 2008, That Section 208.7 of the Design Standards Manual to add provision for early grading permits, shall be amended to read as follows:

An Ordinance to Amend Section 208.7 of the Design Standards Manual (also referenced as Section 11.7 of the Fauquier County Erosion and Sediment Control Ordinance)

208.7. / 11.7.  Approved plan required for issuance of permits; certification; performance guarantee.

(a)     The Department of Community Development shall not issue any land disturbing, building, zoning or site plan permits or subdivision approval for activities which involve land disturbing unless the applicant therefore submits with his application the approved erosion and sediment control plan or certification of such approved plan from the Department of Community Development, and certification that the plan will be followed. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to the Department of Community Development, as provided by Code of Virginia § 10.1-561, who will be in charge of and responsible for carrying out the land-disturbing activity.

(b)        Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the Department of Community Development.  The Department of Community Development may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by Code of Virginia § 10.1-561. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties in accordance with Title10.1, Chapter 5 of the Code of Virginia.

(c)     The Department of Community Development shall, prior to the approval of any application for subdivision or site plan, or the issuance of any grading, land disturbing, building or other permit, require from any applicant a reasonable performance guarantee with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable to the Department of Community Development to ensure that measures could be taken by the County at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures which may be required of him as a result of his land disturbing activity.

If the County takes such conservation action upon such failure by the permittee, the County may collect from the permittee any costs in excess of the amount of security held.

Within sixty (60) days of the achievement of adequate stabilization of the land disturbing activity, as determined by the Department of Community Development, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. No land disturbing activity will be deemed completed until all permanent conservation measures are established.

The requirement of any performance guarantee may be waived by the Director of the Department of Community Development if he determines that the application of such a requirement would impose an unnecessary hardship on the applicant or would be of an insignificant amount. In determining whether to waive any performance guarantee, the Director shall consider the applicant's prior performance in implementing other plans. Any applicant who is aggrieved by the denial of a request for such a waiver may appeal the denial to the Program Administrator who has the authority to affirm the Director’s decision or reverse the decision and grant a waiver.

(d)     Except as provided in Subsection (e) below, nNo land-disturbing permit shall be issued pursuant to this section prior to one of the following as applicable:

(1)     Infrastructure plan approval as required by the Zoning Ordinance, or;

(2)     Site plan approval as required by the Zoning Ordinance; or

(3)     Final construction plan approval as required by the Subdivision Ordinance.

(e)        The Department of Community Development may approve and issue a land-disturbing permit for early grading activities (hereinafter termed Early Grading Permit) in accordance with an administrative policy to facilitate development of commercial, industrial and governmental projects.  Application may occur under one of the following circumstances:

(1)        A major site plan for development of the property is currently under review, or

(2)        An infrastructure plan, with an approved plan of development, is currently under review for the full design of infrastructure associated with a given project, and a Type 1 Soil Survey has been performed for the entire development site.

An Early Grading Permit will be limited to those elements shown on the approved Phase 1 and/or Phase 1A erosion and sediment control plan, and may include site clearing and grading, open-ended culverts to facilitate positive drainage, temporary sediment trapping devises for erosion and sediment control, and retaining walls associated with necessary cut and fill operations.   A separate building permit for any retaining walls, if required, shall be obtained prior to construction activity.  If applicable, any required floodplain studies shall be completed and approved, and any required federal and state permits shall be obtained prior to the issuance of an Early Grading Permit.

 

(f)(e)     The requirements of this section are in addition to all other provisions of law which relate to the issuance of such permits and shall not be construed to otherwise affect the requirements of such permits.

and, be it

RESOLVED FURTHER, That the Board of Supervisors directs staff to be proactive in providing strong and timely enforcement of violations of Virginia erosion and sediment control laws during the construction of early grading permits.

 

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