Surrounding Zoning and Current Land Use:
the north is zoned a combination of Industrial (I-1) and
Residential (R-1) and is a mixture of vacant and
residential. Property to the south is zoned Agricultural
(RA) and is a combination of vacant and residential, to the
east is zoned Industrial (I-1 and I-2) and Agricultural (RA)
and is mostly vacant, with some small businesses. Property
to the west is zoned a combination of Agricultural (RA) and
Residential (R-1) and is mostly vacant.
Comprehensive Plan/Land Use:
These properties are located
within the Midland Service District and are planned for
industrial purposes. The Fauquier County Comprehensive Plan
recognizes the airport “as an asset to the Service District
as air passenger and cargo services grow in importance.”
The airport is an important economic development tool that
requires continual planning, improvement and development in
order for its full benefit to be realized. Midland has been
planned for a significant amount of industrial and warehouse
use. The area is currently more industrial than residential
in terms of land use activity. Since the County has
acquired the airport, its refurbishment has heightened the
interest in industrial growth for Midland. The vision for
the area surrounding the airport is focused on
commercial/industrial uses. The plan indicates the
following goals: achieve the development of clean
industries near the airport; provide buffers between
industrial uses and other uses; and concentrate industrial
uses in appropriate locations.
2002 Midland Village Service District Plan outlines how
Midland faces severe growth constraints due to the lack of
public sewer and growing health problems caused by failing
drainfields and the general unsuitability of the soils to
support such systems. The 2002 plan outlines a Midland
Sewer Priority Area (See Attachment 7, Map 6.6H) that
includes the 2002 airport boundaries as well as the
historical core of the Midland Community. (Staff estimates
that there are approximately 31 structures, including both
residential and commercial buildings located within the
sewer priority area.)
Village Service District Plan is currently being updated.
The draft plan retains the 2002 Midland Sewer Priority Area
map. The successful implementation of the sewer
prioritization plan is premised on the previous Special
Exception condition requiring the Board of Supervisors to
develop an allocation plan prior to an increase in capacity
beyond the 8,800 gallons per day.
Land Use Map
Special Exception Analysis:
standards seek to ensure that the requested use does not
adversely affect neighboring properties. This proposal does
not appear to adversely affect neighboring properties.
Additional Submission Requirements (for Category 20 Uses)
In addition to the submission requirements set forth in
Section 011 above, all applications for Category 20 uses
shall be accompanied by the following:
Four (4) copies of a map showing the utility system
of which the proposed use will be an integral part, together
with a written statement outlining the functional
relationship of the proposed use to the utility system.
This was provided with the original Special Exception and
has been included as Attachment 8. The system’s increased
capacity will allow the option for others to connect if they
are in the Sewer Service Priority Area previously referenced
(Map 6.6H in the Comprehensive Plan).
2. Four (4) copies of a statement, prepared by a
certified engineer, giving the basic reasons for selecting
the particular site as the location for the proposed
facility and certifying that the proposed use will meet the
performance standards of the district in which located.
This was provided with the original Special Exception.
Standards for All Category 20 Uses
In addition to the general standards set forth in Section
006 above, all Category 20 special permit and special
exception uses shall satisfy the following standards:
1. Category 20 special permit and special exception
uses shall not be required to comply with the lot size
requirements or the bulk regulations set forth for the
zoning district in which located in Part 4 of Article 3.
However, such requirements may be established in the
conditions under which such a special permit or special
exception is granted. Meets lot size requirements and
2. No land or building in any district other than
the Industrial Districts shall be used for the storage of
materials or equipment, or for the repair or servicing of
vehicles or equipment or for the parking of vehicles, except
those needed by employees connected with the operation of
the immediate facility. None of the uses above are part
of this application.
3. In all zoning districts, other than the I-2
District, all equipment, machinery and facilities not
located within an enclosed building shall be effectively
screened. The application does not include equipment or
machinery, only drainfields.
4. If the proposed location of a Category 20 use is
in a Residential District there shall be a finding that
there is no more suitable site available for such use in a
Commercial or Industrial District, except that in the case
of electric transformer stations and telephone and telegraph
exchanges or dial centers, there shall be a finding that
there is no alternative site available in a Commercial or
Industrial District within distance of one mile, unless
there is a substantial showing that it is impractical for
satisfactory service to be rendered from an available
location in such Commercial or Industrial District. This
is the only site where drainfields could be located by a
Professional Soil Scientist, certified by the Health
Department, and function in conjunction with the current
system located at the airport.
5. A special exception for a private individual
sewage treatment system which discharges into an open ditch
or water, shall be allowed only to replace an existing
sewage system which is presently serving an existing use.
That existing sewage system must have failed and have been
certified by the Virginia Department of Health to pose a
real or potential health threat and a discharging sewage
treatment system is the only alternative for the repair. In
approving such a system the Board may establish conditions
including but not limited to use, maintenance, and testing.
No discharge proposed by the applicant.
6. Notwithstanding 5-2002.5, above, a private
individual sewage treatment system which discharges into an
open ditch or water may be approved in the RA/Rural
Agriculture zoning district for a farm supply establishment
where the standards listed below are met:
a. The system is operated under the control of a
Class III, or higher, wastewater operator which holds a
current permit licensed in the State of Virginia.
The system processes less than 1,000 gallons per day.
The Board finds such system to be the only viable
option for the particular site.
In approving such a system, the Board may establish
conditions including but not limited to use, maintenance,
testing and reporting.
The system has a permanent maintenance and monitoring
agreement from a state licensed laboratory, company, or
business to do maintenance and monitoring in the state and
No discharge proposed by applicant.
Staff and Review Agency Comments:
A site plan is required for this use per
Zoning Ordinance Section 3-320.7. The applicant will
follow through with the Zoning Office following approval of
the Special Exception amendment to see what type of site
plan would be required.
The following Zoning Ordinance standards are
5-006 General Standards;
5-2001 Additional Submission Requirements
(for Category 20 Uses);
5-2002 Standards for All Category 20 Uses.
Zoning Staff defers to Planning Staff the assessment of
standard compliance. These standards are met (see
Staff would recommend that the amended special
exception clearly indicate the properties eligible for
service by the proposed facility expansion, as this is not
clearly defined in the existing permit. The applicant
has provided a list of current users (Attachment 5). Any
new users will have to be part of the Service Priority Area
outlined in the Comprehensive Plan (Map 6.6H) as required by
a proposed Special Exception condition.
reserve areas on PIN #7900-51-6351 were approved by the
Health Department on September 9, 2008 and thereby relieve
the owner of the previous conditions pertaining to the
issuance of a discharge permit in order to meet the 100%
A responsible operator on-site daily and available to
evaluate the system periodically throughout the day and make
minor adjustments as needed could be considered in lieu of a
Class IV Operator on-site four hours per day. The operator
should possess the knowledge to recognize significant
maintenance issues that warrant contacting a Class IV
Operator for emergency assistance (i.e., the Service
The number of hours per day the system requires
monitoring may be tailored according to the reliability of
Quarterly effluent samples should be collected for
Total Nitrogen, BOD, and TSS, and the results submitted to
the Health Department as they become available.
Effluent flow should be estimated monthly and
submitted quarterly for review. If an actual meter is not
in place, flow may be estimated using the control panel to
determine the number of pumping events and then calculating
based on the dosing gallons. The design flow should be
amended from 4,350 to 8,800 gallons per day.
2003 Condition #6, the requirement for an on-site back-up
energy supply, our office would not object to the removal of
this condition provided that a sufficient portable generator
could be provided on-site within 4 hours of power failure.
This time period is based on the estimated storage volume
available in the treatment unit dosing tank with the system
operating at full capacity (8,800 gpd). These items have
been included in the recommended conditions of approval. As
originally planned, the system was designed with a capacity
of 8,800 gpd although the Health Department has noted that
the engineering specifications for the system reference
8,700 gpd. The cap will be left at 8,800 gpd as requested
by the applicant; staff feels confident that any required
final engineering could easily accommodate an additional 100
Engineering and Soil Scientist’s Office had no comment. The
Fauquier County Water and Sanitation Authority sent a list
of proposed conditions dated January 21, 2009 (Attachment
Commission Summary and Action of October 30, 2008:
Commission discussed this item at its work session. The
Cedar Run Commissioner expressed concern that WSA had not
taken over the system as required by the Board of
Supervisors in 2003 when they approved the Special Exception
allowing the wastewater treatment system. A public hearing
was held and no one spoke other than the applicant. The
Planning Commission voted unanimously to postpone action on
the item and leave the public hearing open. Planning
Commissioners stated that they would like to look at the
system and would like to talk with the Fauquier County Water
and Sanitation Authority (WSA) about the cost of bringing
the system to WSA’s standards.
Planning Commission Summary and
Action of December 10, 2008:
Commission discussed this item at its work session. Many of
the Commissioners expressed concern that the system had not
been turned over to WSA as required by previous conditions
of approval as well as concerns related to groundwater. A
public hearing was held at which one member of the public
spoke. Merle Fallon, Esq., stated that if the county
chooses to modify this Special Exception then the county
should allow others to do so as well. The Planning
Commission voted four to zero (Marshall Commissioner absent)
to postpone action on this item and leave the public hearing
Commission Summary and Action of January 29, 2009:
The Planning Commission discussed
this item at its work session. Many of the Commissioners
expressed concerns related to ownership, groundwater, and
monitoring. A public hearing was held without any
speakers. The Planning Commission voted five to zero to
postpone action on this item and leave the public hearing
Commission Summary and Action of February 26, 2009:
Commission discussed this item at its work session. A
public hearing was held without any speakers. The Planning
Commission unanimously voted to forward the application to
the Board of Supervisors with a recommendation of approval
subject to conditions.
Summary and Recommendation:
If the Board of Supervisors wishes
to recommend approval of the Special Exception Amendment,
the Planning Commission’s recommended conditions of approval
are listed below. These include the WSA recommended
Monitoring reports, along with all maintenance
reports and inspections, shall be submitted quarterly to the
Health Department via the county’s electronic reporting
A contract with a qualified service provider shall be
kept in effect at all times, with all new or renewed
contracts submitted to the Health Department for review.
A responsible operator shall be on-site daily and
available to evaluate the system periodically throughout the
day and make minor adjustments as needed. The operator
shall possess the knowledge to recognize significant
maintenance issues that warrant contacting a Class IV
Operator for emergency assistance.
Effluent flow shall be estimated monthly and
submitted to the Health Department quarterly for review. If
an actual meter is not in place, flow shall be estimated
using the control panel to determine the number of pumping
events and then calculating based on the dosing gallons.
The design flow shall be amended from 4,350 to 8,800 gallons
Quarterly effluent samples should be collected for
TSS (Total Suspended Solids), BOD5 (5 Day Biological Oxygen
Demand), pH and Total Nitrogen shall be performed and
submitted to the Health Department.
A reserve drainfield area shall be certified by the
Health Department to achieve the 100% requirement of the
A sufficient portable generator shall be provided
on-site within four hours of power failure.
The capacity of the system shall not be increased
beyond 8,800 gpd until a plan for allocating additional
capacity (i.e., adding users) has been approved by the Board
of Supervisors. The Planning Commission shall review any
such plan prior to the Board of Supervisors’ consideration.
The service area of the system shall be limited to
the Sewer Service priority area shown in the Comprehensive
Plan for the Midland Service District (Map 6.6H adopted in
2002), or as amended in future Comprehensive Plans.
Within 90 (ninety) days of approval of the Special
Exception amendment, the County shall contract with EGGI (or
other hydro geologist with similar experience in Fauquier
County) to establish a groundwater monitoring program, for
purposes of monitoring nitrates, for the drainfields
associated with the facility. The study shall include
recommendations on the number of monitoring wells to be
drilled to adequately monitor the groundwater in the
vicinity of the drainfields, and shall include
recommendation on well depths and monitoring frequencies.
The completed study shall be provided to the Health
Within 180 (one hundred eighty) days of completion of
the groundwater study required above, the county shall have
contracted for the drilling of the recommended monitoring
wells and shall immediately implement groundwater monitoring
as recommended in the study. Once the monitoring program is
in place, if at any time the nitrate levels in the
groundwater monitoring wells is determined to have elevated
above original background levels found at implementation of
the monitoring program, the County will immediately (within
sixty  days of said determination) contract with a
competent engineering consultant to perform a study of the
nitrogen removal capabilities of the Airport Wastewater
Treatment Plant (WWTP) and to investigate the necessity for
and feasibility of adding additional denitrification
facilities to the plant.
Within 90 (ninety) days of approval of this Special
Exception Amendment, the County shall contract with Fauquier
County Water and Sanitation Authority to perform an annual
operational audit of the Airport WWTP and its associated
facilities. The scope and timing of the audits shall be
negotiated between the County Administrator and the General
Manager of the Authority. An executed copy of the contract
shall be provided to the Department of Community Development
and the Planning Commission.
Within 90 (ninety) days of approval of this Special
Exception Amendment, the County shall have applied for a
VODES Permit for a 8,800 gpd flow discharge within the
Rappahannock Water Shed. A copy of the approved discharge
permit shall be submitted to the Department of Community
Within 180 (one hundred eighty) days of approval of
this Special Exception Amendment the County shall have
contracted with an engineering firm with appropriate
credentials for the preparation of a complete Operations and
Maintenance (O & M) Manual for the Airport WWTP. The manual
shall be prepared in conformance with the requirements of
the Commonwealth of Virginia, Sewage Collection and
Treatment (SCAT) Regulations for Wastewater Treatment Plan O
& M Manuals. The manual shall be reviewed and approved by
the Fauquier County Water and Sanitation Authority. A copy
of the completed, approved manual shall be provided to the
Zoning Administrator within one year of approval of the
Special Exception Amendment.
Ownership of the Airport WWTP shall be transferred to
the Fauquier County Water and Sanitation Authority once the
required monitoring systems and O & M manual are in effect.
Requested Action of the Board of
Conduct a public hearing and
consider adoption of the attached resolution.
Identify any other Departments,
Organizations or Individuals that would be affected by this