RESOLUTION

A RESOLUTION TO APPROVE SE03-S-25: A CATEGORY 29 SPECIAL EXCEPTION - WAIVER OF THE PUBLIC STREET REQUIREMENT FOR THE SWEETWATER SUBDIVISION, CRAIG AND NINA ANDERSON, OWNERS AND APPLICANT

WHEREAS, the applicant is currently required to construct a public road to serve Lots 2, 3, and 4 of the Sweetwater Subdivision; and

WHEREAS, the applicant has proposed significant changes to the subdivision that would mitigate the need for this public road; and

WHEREAS, the proposed changes include a lot line revision to Lot 2 to provide adequate frontage on an existing public road and the elimination of Lot 4 from the subdivision; and

WHEREAS, the applicant has requested that the public street requirement be waived on the grounds that it would serve only Lot 3 in the subdivision and, as such, would not be accepted into the public street system; and

WHEREAS, the applicant has demonstrated that an existing private entrance and drive can adequately serve the single residential lot known as Lot 3; and

WHEREAS, the Special Exception Plat adequately addresses the preservation existing ingress and egress easements for adjacent property owners, now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 21st day of April 2003, That SE03-S-25: A Category 29 Special Exception - Waiver of the public street requirement for the Sweetwater Subdivision, is hereby approved subject to the following conditions:

  1. The Boundary Line Adjustment plats resulting from the reconfigured Lots 3 and 4 shall have boldly printed thereon and be included as a covenant in each deed for a lot in the subdivision the following statement:

THE PRIVATE STREET IN THIS SUBDIVISION WILL NOT BE PAVED OR MAINTAINED WITH FUNDS OF FAUQUIER COUNTY OR FUNDS ADMINISTERED BY THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.  IN THE EVENT THAT OWNERS OF LOTS IN THE SUBDIVISION SUBSEQUENTLY DESIRE THE ADDITION OF SUCH PRIVATE STREETS TO THE SECONDARY SYSTEM OF STATE HIGHWAYS FOR MAINTENANCE, THE COST TO UPGRADE IT TO THE PRESCRIBED STANDARDS MUST BE PROVIDED FROM FUNDS OTHER THAN THOSE ADMINISTERED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF FAUQUIER COUNTY.  PRIVATE STREETS IN THIS SUBDIVISION ARE NOT DEDICATED FOR PUBLIC USE.

  1. In accordance with Section 7-305 of the Fauquier County Zoning Ordinance, the applicant must identify on the plat and record an Ingress and Egress Easement for public emergency and maintenance vehicles.  Such easements shall be recorded with the instruments, which create the private streets.
  2. Pursuant to Subdivision Ordinance Section 7-12, provisions for private street sign maintenance shall be included in the homeowner’s/property owner’s association documents or street maintenance agreement documents. In addition, the Boundary Line Adjustment plats shall include a statement that street signs for the private street will not be maintained with the funds from the County of Fauquier .
  3. Neither revised Lot 3 nor 5 shall be further subdivided unless a public street is built to provide frontage as required by Section 2-405 of the Zoning Ordinance.