ORDINANCE

AN ORDINANCE AMENDING SECTION 3-2(A)2 OF THE SUBDIVISION ORDINANCE RELATING TO ADMINISTRATIVE SUBDIVISION REQUIREMENTS

WHEREAS, in May of 2002, the Board of Supervisors transmitted proposed changes to the administrative subdivision requirements contained in the Subdivision Ordinance for Planning Commission review and recommendations; and

WHEREAS, on June 25, 2002, the proposed amendment was subject to Planning Commission public hearing with a recommendation that it be adopted as presented herein; and

WHEREAS, on July 15, 2002, the Board of Supervisors conducted a public hearing on the proposed amendment; and

WHEREAS, the Board of Supervisors considers and believes the amendment is in the best interest of the citizens of Fauquier County in terms of more effective management of environmental resources, as well as storm water management, and public/private street design; and

WHEREAS, the adopted Comprehensive Plan’s Chapter 8 of the Rural Areas Land Use Plan has specific objectives for refining the Subdivision Ordinance in a manner that protects water resources and forested areas, significant archeological/historic sites and areas, areas of natural scenic vistas, and limiting impacts on the rural road network; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 15^th day of July 2002, That Section 3-2(A)2 of the Fauquier County Subdivision Ordinance be, and is hereby, amended for all applications filed after this date, as follows:

3-2    Administrative Subdivisions.

A)   The agent may approve subdivisions of up to three (3)  two (2) lots ,including the residue, provided that:

1)      No bonding is required.

2)   The three lots are cumulative for each parcel of record as of May 9,  1968.

3)   All necessary requirements of this Ordinance and other County Ordinances are  met.

4)   The lot drainfield certification plat is approved by the Fauquier County Health      Department, or other entity providing public sewer and water services.

5)      The highway entrance is approved by the Virginia Department of Transportation.

6)      The right-of-way for Type III private streets providing access and frontage to administrative subdivision lots shall not exceed 1,000 feet in length, exclusive of the turnaround. The Agent may modify this limitation to allow a right-of-way length of up to 5,000 feet upon the submission of a formal modification application containing sufficient justification to allow the Agent to find that the proposed modification is warranted based upon a determination by the Agent that: 1) that properties through which the right-of-way will pass will not be unreasonably affected; 2) that no alternative for providing access is realistically feasible, and 3) that without the modification the 1,000 foot limitation places an unreasonable restriction on the use of the property. (Amended by the Board of Supervisors on September 19, 1996.)

7)      When the residue can no longer be divided under this provision or otherwise, a note to that effect shall be contained on the plat.