RESOLUTION

A RESOLUTION TO APPROVE SPEX09-CR-018 & SPEX09-CR-019:  a Category 20 Special Exception to allow for the addition of 1.6 miles of 115 kV electrical conductor onto the western side of State Corporation Commission (SCC) approved 230 kV transmission line structures north from the Bristers Substation & the addition of two 3-pole structures to connect the new conductor to the existing 115 kV line east to the Sowego Substation

WHEREAS, Dominion Virginia Power, applicant and easement owner and Stanley M. & Sue F. Heflin, Porter W. & Teresa M. Longerbeam, Mary Jo Lynskey, Nancy M. McCuiston, Bonnie M. Morgan, Brian A. Morgan, Daniel W. Morgan, Gregory T. Morgan, Joel H. Morgan, Michael J. Morgan, Timothy J. Morgan, William F. Morgan, Jenifer S. Williams, Joseph William & Beverly G. Hayes, Cynthia Jo Stroud, and The Allen Family Ltd. Partnership, property owners, is seeking Special Exception approval for construction of for the addition of 1.6 miles of 115 kV electrical conductor onto the western side of State Corporation Commission (SCC) approved 230 kV transmission line structures north from the Bristers Substation and two 3-pole structures to connect the new conductor to the existing 115 kV line east to the Sowego Substation (within the FEMA 100-year floodplain); and

WHEREAS, the following PINs are part of the project 7839-84-6628-000, 7849-10-611-000, 7849-11-3813-000, 7849-15-7177-000, 7849-17-0225-000, 7849-27-8879-000 & 7849-28-3304-000; and

WHEREAS, on April 30, 2009, the Fauquier County Planning Commission held a public hearing on the Special Exception requests and recommended unanimously that the applications be approved, subject to conditions; and

WHEREAS, on June 11, 2009, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors concurred with the Planning Commission and agreed that the applications satisfy 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 11th day of June 2009, That SPEX09-CR-018 & SPEX09-CR-019 be, and are hereby, approved, subject to the following conditions:

 

1.                  The Special Exceptions (SPEX09-CR-018 & SPEX09-CR-019) are granted for and run with the land (easement) indicated in this application, known as PINs 7839-84-6628-000, 7849-10-8611-000, 7849-11-3813-000, 7849-15-7177-000, 7849-17-0225-000, 7849-27-8879-000 & 7849-28-3304-000, and are not transferable to other land.

2.                  The Special Exceptions are granted only for the purpose(s), structure(s) and/or uses indicated, and shall be in general conformance with the Special Exception Plat titled “Dominion Virginia Power Bristers-Sowego 115 kV Transmission Line Relocation” dated February 2009, received in the Planning Office on March 19, 2009, approved with the applications, as qualified by these development conditions.

3.                  Prior to land disturbance for any new construction or alterations of any type, a Site Plan consistent with the approved Special Exception, provisions of Article 12 of the Fauquier County Zoning Ordinance and the bulk regulations for the underlying RA zoning district must be approved prior to obtaining building and zoning permits.

4.                   Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facilities or system that would increase flood heights and/or velocities, on adjacent properties. 

5.                   If the power lines cross any state maintained roads, a VDOT permit shall be obtained prior to the start of construction.

6.                  The applicant is responsible for any utility relocation costs associated with construction and appropriate authorization is required for any work within rights-of-way or easements.

7.                  If the lines are permanently decommissioned, and operations have ceased for a two-year period, then the applicant is required to remove all facility equipment and infrastructure represented in the approved site plan. In addition, all mandatory federal and state environmental cleanup requirements must be met, and the site returned to its natural state within three years after the referenced two-year termination of operations.

8.                  Conditions of the Special Exception shall be applicable to all successors and assigns of the applicant. In the event that the applicant challenges any condition of this Special Exception, the Board of Supervisors evidences its intent that these conditions are not severable.

9.                  This Special Exception shall approve the construction of the following: 1) The addition of 1.6 miles of 115 kV electrical conductor onto the western side of State Corporation Commission (SCC) approved 230 kV transmission line structures north from the Bristers Substation, and 2) construction of two 3-pole structures to connect the new conductor to the existing 115 kV line east to the Sowego Substation.

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