PUBLIC HEARING REQUEST
Board Meeting Date:
John C. Kandl
Robert C. Counts Community Development
Service District: None 7818-24-3358-000
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.
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.
Area, Location and Zoning:
property is located in the southern part of the County at the intersection
Property is surrounded by RA zoning. The prevailing land use is
agricultural with scattered residential development, mostly on farms or
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 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.
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,
Section 17-17 of the
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
It should be noted that,
according to the
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.
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:
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.
and Planning Commission Recommendation:
on assessments provided by the Health Department, the County Soil
Scientist, and the