ORDINANCE

AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE FAUQUIER COUNTY ZONING AND SUBDIVISION ORDINANCES TO RESTRICT USE OF MULTIPLE USER SEWAGE DISPOSAL SYSTEMS TO SERVICE DISTRICTS AND TO PERMIT ONLY PUBLIC SEWER IN SERVICE DISTRICTS EXCEPT WITH A SPECIAL EXCEPTION

            WHEREAS, the Zoning and Subdivision Ordinances currently permit non-public sewer systems in service districts; and

            WHEREAS, the Zoning and Subdivision Ordinances currently permit public and multiple user sewer systems outside of service districts; and

            WHEREAS, the Board of Supervisors wishes to restrict public and multiple user sewer systems to service districts only; and

            WHEREAS, the Board of Supervisors wishes to require the use of only public sewer systems in service districts; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this ___ day of ________ 2003, That

A. The Fauquier County Zoning Ordinance be, and is hereby, amended to read as follows:

Section 5-2002. 6 is deleted.

Section 7-502 Public Sewer Requirements

1.      Public sewer shall be required for all lots and dwelling units located in any service district in which public sewer is available provided that public sewer is not required:

a)      Within the Catlett, Calverton and Midland Service Districts; or

b)      In any area of a service district designated as a non-sewered growth area in the Comprehensive Plan.

c)      In any area were the requirement for public sewer system has been removed by special exception pursuant to Section 3-330 and the general and specific standards contained in Article 5 of this Zoning Ordinance.

2.      Public and private sewer systems shall not be permitted outside of any service district.  For purposes of this subsection the term “sewer system” shall be defined as any sewage disposal system serving two or more lots or dwelling units.  Notwithstanding any other provision of this subsection to the contrary multiple use sewage disposal systems may be authorized outside of service district pursuant to Section 3-320 and the general and specific standards contained in Article 5 of this Zoning Ordinance when necessary to remediate a failed drainfield serving an existing use, which has been certified by the Virginia Health Department to pose a real or potential health threat and multiple use system is the only alternative for repair.

and

B. Subsection 4-11.2)A) of the Fauquier County Subdivision Ordinance be, and is hereby, amended as follows:

Section 4-11 Sanitary Sewer and Water

2) Additional Requirements-Service Districts

A) Sewer shall be required in service districts as set forth in Section 7-502 of the Fauquier County Zoning Ordinance.