ORDINANCE TO APPROVE THE 3rd RENEWAL OF THE
WHEREAS, Section 15.2-4311, Code of
WHEREAS, at such time of review, the local governing body must
determine whether to continue, modify, or terminate the district; and
WHEREAS, all requirements of Section 15.2-4311, Code of
WHEREAS, the Fauquier County Board of Supervisors have held a
public hearing regarding this matter; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 16th day
of June 2003, That the 3rd renewal of the Springs Valley
Agricultural and Forestal District be, and is hereby, adopted as follows:
That the third renewal of the Springs Valley
Agricultural and Forestal District is land which requires conservation and
protection for the production of food and other agricultural and forestal
products and as such is a valuable natural and ecological resource
providing open space and clean air and adequate safe water supplies and
other aesthetic purposes and is therefore valuable to public interest.
That the third renewal of the Springs Valley
Agricultural and Forestal District be, and is hereby, established this
16th day of June 2003, in accordance with the provisions of Title 15.2,
Chapter 43, Section 15.2-4311, Code of Virginia (1950), as amended.
That the renewal shall consist of the following
and be it,
FURTHER, That the same conditions and restrictions shall apply, to wit:
That pursuant to Title 15.2, Chapter 43, Section
15.2-4311, (b) of the Code of Virginia (1950), as amended, the Fauquier
County Zoning Ordinance shall apply except as modified below.
The modifications are necessary to assure that the Ordinance does
not conflict with the purpose for which the District was established.
All uses allowed by right in the applicable zoning
district(s) for each parcel shall require a special exception permit
except that farming and single family dwellings on a legally recorded
parcel of record shall be permitted by-right.
Subdivision of land as defined in Article 2-39 of
the Fauquier County Subdivision Ordinance is not permitted.
No special exception shall be in conflict with the
purposes for which the District was created.
That these parcels qualify for land use value
assessment provided that the parcels meet the criteria set forth in
Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 of the
That the owners of land within the District shall
not terminate the District except in accordance with Section 15.2-4314 of
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 15.2-4314 of the Code.
That parcels under twenty-five (25) acres shall be
excluded except where exempted by the Board.
That the District will expire on
OF COMMUNITY DEVELOPMENT
Renewal of the
EXPIRATION DATE OF DISTRICT:
Renewal required to prevent expiration of District
The Springs Valley Agricultural and Forestal District is located in
the western portion of the County and the boarders of the district are:
Route 211 to the north, the Town of
Various (See attached listings)
CURRENT AND SURROUNDING
The surrounding zoning of the District is RA (Rural Agricultural),
with the exception of those parcels which border the Villages of Turnbull
and Fauquier Springs, in which case the zoning is V (Village).
Springs Valley Fauquier Agricultural and Forestal District was originally
created in 1980 and was last renewed by the Board of Supervisors for a
third eight-year term in 1996. Without
this renewal, the District will expire on
renewal of the Springs Valley Agricultural and Forestal District is
contingent upon a Board of Supervisors policy which was adopted in March
of 1990. This policy states that parcels which are smaller than
twenty-five (25) acres in size shall be excluded from an Agricultural and
Forestal District unless one of the following exceptions is met:
(1) The subject property is under an open space easement; and/or
(2) The subject property is part of a working farm and under the same
ownership, or family ownership, of other lands which are currently a
working farm and are in or being added to an Agricultural and Forestal
AND FORESTAL ADVISORY COMMITTEE RECOMMENDATION:
order to make the third renewal of the Springs Valley Agricultural and
Forestal District come into conformance with the above referenced Board of
Supervisor’s policy, the Agricultural and Forestal Advisory Committee
recommends the following action for the Planning Commission to consider:
Recommend that all parcels listed on Attachment #A
be approved for renewal into the Springs Valley Agricultural and Forestal
District for another eight year term.
The Department of Community Development is in the process of
realigning the terms for Agricultural and Forestal Districts.
If renewed, this district would take effect
Recommend that all parcels listed on Attachment #B
be excluded from the renewal of the Springs Valley Agricultural and
Forestal District unless written notice from the property owner stating
that the parcel meets one of the criteria outlined in the Board’s March
1990 policy statement is received prior to the Board of Supervisor’s
public hearing, which is tentatively scheduled for June 16, 2003.
1. Parcels Recommended for Inclusion in the 3rd renewal of the Springs Valley Agricultural and Forestal District
Recommended for Removal from the 3rd renewal of the
Springs Valley Agricultural and Forestal District