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Overview
Each year,
landowners may file by February 1st to create a
new Agricultural and Forestal District or to add parcels to
any existing Agricultural and Forestal District and the
Board considers these applications for new districts and
additions.
The
Agricultural and Forestal District Advisory Committee, as
well as the Planning Commission, are charged under the
Code of Virginia with providing advice to the Board of
Supervisors relative to these decisions.
The Orlean/Hume
Agricultural and Forestal District currently contains 92
parcels totaling 7,315 acres and will run until June 30,
2012.
Criteria
for Evaluating Applications
The Code
of Virginia also establishes standards to be considered
in determining whether or not to include land in an
agricultural and forestal district. These broad standards
include:
- The
agricultural and forestal significance of the land and
adjacent land;
- The
presence of any significant agricultural or forestal
lands within the district or adjacent areas that are not
now in active agricultural or forestal production;
- The
nature and extent of land uses other than active farming
or forestry within the district and in adjacent areas;
- Local
development patterns and needs;
- The
comprehensive plan and, if applicable, the zoning
regulations;
- The
environmental benefits of retaining the lands in
agricultural and forestal uses; and
- Any
other relevant matters.
The Code
further states that “in judging the agricultural and
forestal significance of land . . . soil, climate,
topography, other natural factors, markets for agricultural
and forestal products, the extent and nature of farm
structures, the present status of agriculture and forestry,
anticipated trends in agricultural economic conditions and
such other factors as may be relevant” may be
considered.
Property
The
applicants have requested that two parcels totaling 86.5565
acres be added to the District. The property is located at
the intersection of Tanner Branch Road and John Barton Payne
Road in Marshall. The applicants have indicated that the
properties are not a full-time working farm. The applicants
did indicate on the application that a neighboring farmer
cuts and takes hay in exchange for his labor. The wooded
portion of the property has qualified for Land Use taxation
for at least the last five years.
Overview
of Property
The
62.50-acre parcel is mostly wooded with open area. This
parcel is split by John Barton Payne Road, leaving a
5.5645-acre parcel (survey attached) that should be treated
as a separate lot of record. Although the parcel is mapped
incorrectly, the 5.5645-acre parcel meets the requirements
for addition to the District. The Commissioner of the
Revenue records show no improvements on the property. The
parcel is getting the special land use assessment on its
wooded land only. The Fauquier County Soil Survey shows the
property to predominately have the following soil types:
|
Soil Type |
Soil Name |
Characteristics |
Potential
Agricultural Uses |
|
20C |
Tankerville-Purcellville
complex |
Moderately deep, well drained,
strong brown coarse-loamy soils (Tankerville) and
very deep, well drained, strong brown fine-silty
soils (Purcellville) on rolling summits and strongly
sloping backslopes; fair development potential |
Prime Pasture |
|
20D |
Tankerville-Purcellville
complex |
Moderately deep, well drained,
strong brown coarse-loamy soils (Tankerville) and
very deep, well drained, strong brown fine-silty
soils (Purcellville) on moderately steep backslopes;
poor development potential |
Prime Pasture |
|
18D |
Tankerville loam |
Moderately deep, well drained,
strong brown, coarse-loamy soils on moderately steep
backslopes; poor development potential |
Secondary Pasture |
|
18E |
Tankerville loam |
Moderately deep, well drained,
strong brown, coarse-loamy soils on steep backslopes;
very poor development potential |
Not Suited |
|
17B |
Middleburg loam |
Very deep, well drained, brown
loamy soils in concave swales and along small
drainageways; poor development potential |
Prime Cropland |
|
10A |
Mongle loam |
Very deep, somewhat poorly
drained, yellowish brown loamy soils with
intermittent high water tables in concave
landscapes, along small drainageways and on alluvial
fans; very poor development potential |
Secondary Pasture |
The 24.0565-acre parcel is entirely
open space. The Commissioner of the Revenue records show
the parcel improved with a dwelling and equine paddock. The
Fauquier County Soil Survey shows the property to
predominately have the following soil types:
|
Soil Type |
Soil Name |
Characteristics |
Potential
Agricultural Uses |
|
20D |
Tankerville-Purcellville
complex |
Moderately deep, well drained,
strong brown coarse-loamy soils (Tankerville) and
very deep, well drained, strong brown fine-silty
soils (Purcellville) on moderately steep backslopes;
poor development potential |
Prime Pasture |
|
28C |
Fauquier and Eubanks soils |
Very deep, well drained, red
clayey soils (Fauquier) and/or very deep, well
drained, red loamy soils (Eubanks) on rolling
summits and strongly sloping backslopes; good
development potential |
Secondary Cropland |
|
17B |
Middleburg loam |
Very deep, well drained, brown
loamy soils in concave swales and along small
drainageways; poor development potential |
Prime Cropland |
|
10A |
Mongle loam |
Very deep, somewhat poorly
drained, yellowish brown loamy soils with
intermittent high water tables in concave
landscapes, along small drainageways and on alluvial
fans; very poor development potential |
Secondary Pasture |
Staff Recommendation
The parcels
requesting to be added are located on the outer boundary of
the District and allowing the parcels in the District would
be in accordance with the County’s policy on preserving
agricultural and forestal lands. Therefore, staff
recommends including the parcels in the District.
If the Board
of Supervisors recommends the parcels be included in the
District, staff recommends that they be subject to the
standard conditions below:
1.
That pursuant to Title 15.2, Chapter 43, Section
15.2-4312 of the Code of Virginia (1950), as amended,
the Fauquier County Zoning Ordinance shall apply except as
modified below. These modifications are necessary to assure
that the Ordinance does not conflict with the purpose for
which the District was established.
a.
All uses allowed in the applicable zoning district(s)
for each parcel listed shall require a special exception
permit except for agricultural or forestal production and
construction of dwellings for persons who earn a substantial
part of their livelihood from a farm operation on the
property or for members of their immediate family.
b.
Subdivision of land as defined in Article 2-39 of the
Fauquier County Subdivision Ordinance is not permitted.
c.
No special exception permit shall be in conflict with
the purposes for which the District was created.
2.
That these parcels shall qualify for land use value
assessment provided that the parcels meet the criteria of
Article 4 of Section 58.1-3229 et seq. of Chapter 32 of
Title 58.1 of the Code of Virginia.
3.
That the owners of land within the District shall not
terminate the District except as provided for in Section
15.2-4314 of the Code of Virginia.
4.
That lawful termination of any owner’s association in
the District shall not serve to terminate the existence of
the District, but the District shall continue in effect
until the review required by Section 15.2-4311 of the
Code of Virginia.
5. If any portion of a parcel less than 25 acres is sold,
boundary line adjusted or divided then the entire parcel
shall automatically be removed from the District.
6. If any portion of a parcel greater than 25 acres is
sold, boundary line adjusted or divided to below 25 acres
then the portion less than 25 acres shall automatically be
removed from the District.
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