ORDINANCE

 

AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF FAUQUIER COUNTY ADDING ARTICLE XVII ENTITLED  CONSERVATION EASEMENT SERVICE DISTRICT PROVIDING FOR THE CREATION OF A SPECIAL SERVICE DISTRICT TO PURCHASE CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING AGRICULTURE, PROVIDING OF OPEN SPACE AND AMELIORATING THE IMPACT OF DEVELOPMENT ON THE COUNTY

 

            WHEREAS, the Board of Supervisors has established a Purchase of Development Rights Program to acquire conservation easements for the purpose of protecting agriculture, providing open space and ameliorating the impact of development on the County; and

 

            WHEREAS, Virginia Code Section 10.1-1701 authorizes Counties to acquire open space conservation easements for the purpose of retaining or protecting natural or open space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical or architectural aspects of real property; and

 

            WHEREAS, Virginia Code Section 10.1-1703 authorizes Counties to acquire conservation easements for the purpose of conserving lands for farming; and

 

            WHEREAS, Virginia Code Sections 15.2-2400 through 15.2-2413 provide for the creation of service districts that will provide for the preservation or provision of open-space land as provided for in the Open Space Land Act (§10.1-1700 et seq); and

 

            WHEREAS, Virginia Code Section 15.2-2403.6 provides for the levy and collection of a tax on any property located in the service district to pay, either in whole or in part, for the provision of the service provided for under the service district; and

 

            WHEREAS, after due notice and public hearing as provided for by law, the Board of Supervisors has, by the adoption of this Ordinance, determined that it is in the interest of the health, safety and welfare of the citizens of Fauquier County to create a service district for the purpose of protecting agriculture, provision of open space and ameliorating the impact of development on the County; now, therefore, be it

 

            ORDAINED by the Fauquier County Board of Supervisors this 19th day of April 2004, that Chapter 8 of the Code of Fauquier County be, and is hereby, amended to add Article XVII, entitled the Conservation Easement Service District, providing for the creation of a special service district to purchase conservation easements for the purpose of protecting agriculture, provision of open space and ameliorating the impact of development on the County, said Article to read as follows:

 

ARTICLE XVII.  CONSERVATION EASEMENT SERVICE DISTRICT

 

Sec. 8-_____. Creation, Purpose and Description of Conservation Easement Service District.

 

(a)                           There is hereby created a Fauquier County Easement Service District with boundaries that follow the boundaries of Fauquier County, and which district includes all real and personal property located within the boundaries of Fauquier County, a political subdivision of the Commonwealth of Virginia.  No parcels or areas located within the boundaries of the district are excluded.

(b)                          The purpose of the district is to acquire open space conservation easements for the purpose of retaining or protecting natural or open space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical or architectural aspects of real property, and also to acquire conservation easements for the purpose of conserving lands for farming, and also to acquire conservation easements to provide open space to ameliorate the impact of development on the County.

(c)                           The proposed plan for acquiring the above-described conservation easements is for the County to acquire the easements by purchase, gift, proffer, donation of other authorized conveyance.  When purchased the cost of acquiring the easement may be financed by any or all of the following methods: the imposition of a service district tax, grants and donations of moneys, and the expenditure of general tax funds.

(d)                          The benefits which can be expected for the acquisition of the conservation easements are the retention and protection of natural or open space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, the protection of natural resources, maintenance or enhancement of air and/or water quality, the preservation of the historical or architectural aspects of real property, the conservation of lands for farming, and the provision of open space to ameliorate the impact of development on the County.

 

Sec. 8-_____.  Conservation Easement Service District – Levy.

 

(a)                                        The Board of Supervisors may annually levy a tax on assessed value of all real property within the Conservation Easement Service District, which tax shall be extended and collected in the same manner as real property taxes.

(b)                                       The Board of Supervisors may annually levy a tax on assessed value of all personal property within the Conservation Easement Service District, which tax shall be extended and collected in the same manner as personal property taxes.

 

Sec. 8-_____. Same-Use of Levy.

           

The County Treasurer shall keep all amounts realized from any levy made pursuant to this Article in a fund separate from all other monies of the County and all funds raised by this levy shall be applied and used for no other purpose than those set forth in this Article.

 

; and, be it

 

            ORDAINED FURTHER, That no levy under this Chapter shall be assessed for calendar year 2004; and, be it

 

            ORDAINED FINALLY, That the Board of Supervisors does hereby appropriate from the County’s general fund for Fiscal Year 2004-05 the amount of $1,338,000, which monies shall be transferred to the Conservation Easement Service District Fund, and which monies shall be used solely for the purposes set forth in this Article.