A RESOLUTION TO APPROVE SPEX08-MA-017 & SPEX08-MA-020:  Applicants Wish to Obtain a Category 20 Special Exception in Order to Remediate or Repair an Existing Failed Septic System and a Category 23 Special Exception to Allow for Structures Associated with the Septic System to be Installed in the Federal Emergency Management Agency (FEMA) 100-Year Floodplain

WHEREAS, Katherine Ellsworth and Peter Petronzio, owners and applicants, are seeking Special Exceptions to allow for an individual sewage discharge system to remediate an existing failed system; and


WHEREAS, this request is to serve an existing three bedroom single family residence (located on a .74 acre parcel, PIN 6962-30-1310-000) owned by the applicants; and the discharge system requires a Category 23 Special Exception since the system will be located within the FEMA 100-year floodplain; and

WHEREAS, on January 29, 2009 and March 26, 2009, the Fauquier County Planning Commission held public hearings on the proposed Special Exception and unanimously recommended approval of the applications, subject to conditions; and

WHEREAS, on April 9, 2009, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006, 5-2000 and 5-2300; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 9th day of April 2009, That SPEX08-MA-017 & SPEX08-MA-020 be, and are hereby, approved, subject to the following conditions:

1.         The Special Exceptions are granted for and run with the land indicated in this application, currently known as PIN 6962-30-1310-000.

2.         This approval grants one private individual discharge sewage treatment system, for remediation of the failed system, to serve an existing single 3-bedroom family dwelling unit.

3.         The applicant shall submit evidence that applicable permits (such as but not limited to VDH and DEQ) have been granted for the discharge sewage treatment system, prior to any land disturbing activities for work associated with the Special Exception. 

4.         This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

5.         The individual discharge sewage treatment system (for less than or equal to 1,000 gallons per day of discharge, on a monthly average) shall be in general conformance with the Special Exception Plat prepared by Freeland Engineering, P.C. dated April 16, 2008.

6.         The individual discharge sewage treatment system shall be designed to serve a 3-bedroom single-family dwelling unit.  The design shall include any conditional permit requirements, per the Health Department or the Department of Environmental Quality.  A requisite reference shall be recorded with the deed.

7.         The applicant shall comply with 12 VAC 5-640-450 2, entitled "Ownership and Easements" of the Alternative Discharging Sewage Treatment Regulations for Individual Family Dwellings, to satisfy Health Department permit requirements.

8.         The applicant shall provide for either a water meter on its well or an effluent meter to track water usage and submit monthly reports to the Health Department to ensure compliance with this Special Exception and submit reports to the Department of Environmental Quality per VPDES permit conditions.

9.         All monitoring requirements shall meet Health Department and Department of Environmental Quality requirements.

10.     Evidence of a permanent maintenance and monitoring agreement from a state licensed laboratory, company or business and a report on the status of the permitted system shall be submitted to the Health Department, Department of Environmental Quality, and to the Zoning Administrator per regulatory agency permit requirements to ensure compliance with this Special Exception.  A requisite reference shall be recorded with the deed. 

11.     The applicant shall install oversized septic and pump tanks to provide adequate storage in the event of power outage.

12.     A land disturbing permit shall be required prior to construction if the total land disturbance exceeds 10,000 square feet.

13.     The on-site treatment system shall be flood-proofed so that potential points of inflow and infiltration, other that the discharge point, into the system will be above the 100- year FEMA floodplain elevation.

14.     No fill or installation of structures associated with this project shall create an increase in velocity or elevation on adjacent properties.

15.     Septic tanks must be located more than 100 feet from impounded waters.

16.     These Special Exceptions (SPEX08-MA-017 & SPEX08-MA-020) for a 3-bedroom single family dwelling unit are conditioned on the preservation of the existing historic farm house and the mill building.

17.     All existing historic exterior materials, including the weatherboard wood siding and wood-frame windows currently on the structure, shall be retained and repaired.

18.     Any exterior alterations and additions shall be reviewed and approved by the Building Engineer for consistency with preservation standards.

19.     A rubble stone foundation shall be required for the house, if the building is elevated out of the Base Flood Elevation area.  If the elevation required for flood-proofing is greater than four feet, consideration should be given to moving the house to higher ground on the property.

20.     Any expansion of the house footprint cannot exceed 10% of the existing structure. 

                                                                                    A Copy Teste 

                                                                                    Paul S. McCulla
                                                                                    Clerk to the Board of Supervisors

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