PUBLIC HEARING REQUEST

Owner/Applicant: Board Meeting Date:

John C. Kandl May 19, 2003

Staff Lead: Department:

Robert C. Counts Community Development

Magisterial District: Cedar Run PIN(s):

Service District: None 7818-24-3358-000

Topic:

SE03-CR-24: A Category 20 Special Exception to allow the construction of a private, individual wastewater treatment system with a point of discharge, John C. Kandl, Owner and Applicant.

Topic Description:

The Applicant is seeking a Special Exception to install an on-site private sewage disposal system with direct discharge. The system will replace a failed septic system and is necessary to allow the upgrades needed for the Applicant to occupy an existing dwelling on the property, identified as 7818-24-3358-000. The system has been designed by a professional engineer and approved by the Health Department and the Department of Environmental Quality.

Land Area, Location and Zoning:

The property is located in the southern part of the County at the intersection of Rogues Road (Route 602) and Ritchie Road (Route 644). The property is zoned RA. It is developed with a large storage building and a small residential structure. A map of the property is shown below.

Neighboring Zoning/Land Use:

The Property is surrounded by RA zoning. The prevailing land use is agricultural with scattered residential development, mostly on farms or large lots.

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on the proposed Special Exception request and take action on SE03-CR-24. A resolution reflecting the Planning Commission’s recommendation of approval is included for the Board’s consideration.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

Ordinance and County Code Requirements

The Fauquier County Zoning Ordinance provides that 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. The Ordinance further stipulates that the existing sewage system must have failed and have been certified by the Virginia Department of Health to pose a real or potential health threat. There must also be a finding that 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.

Section 17-17 of the County Code also imposes conditions on the construction of individual sewage disposal or treatment facilities requiring discharge into state waters. This Code section states that it “shall be unlawful for any person or firm to make application to any State agency or enter into the design of any sewage disposal system, by whatever name it shall be called, that would require point discharge into any stream or drainage way in Fauquier County prior to making a formal request for public hearing to the Fauquier County Board of Supervisors.”

In addition, this Code section requires that any person submitting a request for discharge into State waters shall submit written proof of notification of all downstream property owners for a distance of one (1) mile. Notice sent by certified mail to the last-known address of such owner as shown on the current real estate tax books of Fauquier County shall be deemed adequate compliance with this requirement. The provision of notice shall be the responsibility of the owner. No request shall be considered within five (5) days of any such notice.

It should be noted that, according to the County Code , the required public hearing is for the benefit of the people of Fauquier County , to provide notice only, of a proposed sewage discharge into County waters. Approval or disapproval of the proposed Special Exception by the Board of Supervisors in no way grants final approval of design, construction or discharge to County waters. All such approval shall be under the authorities so designated to perform such duties.

Engineering Considerations

The Engineering Division has reviewed the above referenced plan and has provided the following comments.

1. The plan view of an on-site disposal system states that VDOT will make ditch improvements to provide adequate drainage. Any improvements to the ditch line should be the responsibility of the applicant.

2. Provisions for maintenance and monitoring need to be provided.

3. According to aerial maps, there appear to be two structures on this site. This raises the question of whether both will be connected to this system.

4. Information on the anticipated velocity of the discharge needs to be provided. Some type of energy dissipater may be required at the discharge point.

5. Applicant is responsible for obtaining all applicable local, state and federal permits.

6. To discharge into an open ditch, the Virginia Department of Health must have certified that the existing system poses a real or potential health threat and a discharging sewage treatment system is the only alternative for repair. A copy of this certification must be provided.

Soils/Environmental

The County Soil Scientist has reviewed this application and has provided the following comments.

Having evaluated the site and soil conditions on this parcel, the Soil Scientist agrees with previous evaluators that there is nothing on-site for the disposal of treated wastewater. The soil type is predominately Jackland and Waxpool, which have shrink-swell clay in the subsoil and are very impermeable. Since this is a replacement of the existing failed system, this proposal presents the most reasonable alternative. The Health Department and the Soil Scientist suggested this particular system, after the soils on this parcel were evaluated. After speaking with Mr. Kandl, and the Health Department, it appears that VDOT has granted permission for discharge into its ditch section and all of the appropriate applications have been applied for. However, if approved, this Special Exception will require certain conditions:

Written authorization shall be obtained from VDOT for discharge of this system into its ditch right of way.
The applicant shall obtain all applicable permits from the Health Department and DEQ (VPDES permits).
The applicant shall provide the appropriate notification to residents down stream as required by Section 17-17 of the County Code .
An annual operation and maintenance program shall be submitted by the design engineer and approved by the Health Department.
The approved annual operation and maintenance program shall be contracted to a qualified and licensed professional operator.
Evidence of a continuing operation and maintenance program and a report on system performance shall be submitted annually to the Health Department and Zoning Division to ensure compliance with this Special Exception.

Transportation

The proposed point of discharge is into a ditch section maintained by VDOT. All pertinent information has been provided to VDOT and authorization will be granted if the Board of Supervisors approves the Special Exception.

Summary and Planning Commission Recommendation:

Based on assessments provided by the Health Department, the County Soil Scientist, and the County Engineer , the Planning Commission has found that the applicant has met the requirements of the Fauquier County Zoning Ordinance relating to the approval of this Special Exception. Accordingly, the Planning Commission has recommended the approval of SE03-CR-24 subject to the following conditions:

Written authorization shall be obtained from VDOT for discharge of this system into its ditch right-of-way.
The applicant shall obtain all applicable permits from the Health Department and DEQ (VPDES permits).
The applicant shall provide the appropriate notification to residents down stream as required by Section 17-12 of the County Code .
An annual operation and maintenance program shall be submitted by the design engineer and approved by the Health Department.
The approved annual operation and maintenance program shall be contracted to a qualified and licensed professional operator.
Evidence of a continuing operation and maintenance program and a report on system performance shall be submitted annually to the Health Department and Zoning Department to ensure compliance with this Special Exception.

Attachments: