RESOLUTION TO APPROVE SPECIAL EXCEPTION #SE02-S-19 W.C.L. JAMISON AND
THELMA H. JAMISON, TRUSTEES, OWNERS AND APPLICANTS
#6995-65-2468-000 AND #6995-76-6411-000
W.C.L. Jamison and Thelma H. Jamison, Trustees, owners and applicants, are
seeking special exception approval pursuant to Zoning Ordinance Category
23 Floodplain Uses, to allow construction of two (2) floodplain crossings
and other grading in a floodplain of Mill Run and an unnamed tributary of
Mill Run; and
WHEREAS, the Planning Commission held a public hearing on this
application on April 25, 2002, and, on May 30, 2002, voted to forward the
application to the Board of Supervisors with a recommendation of approval;
WHEREAS, on July 15, 2002, the Board of Supervisors considered the written and orally presented information of the applicants and conducted a public hearing for this application; and
WHEREAS, the Board of Supervisors has determined that the application is in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 15th
day of July 2002, That the application of W.C.L. Jamison and Thelma H.
Jamison, Trustees, owners and applicants, be, and is hereby, approved,
subject to the following conditions:
1. The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.
2. This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on special exception plat approved with the application, as qualified by these development conditions.
3. With respect to the floodplain conditions, any final subdivision plat submitted pursuant to this special exception shall be in general conformance with the special exception plat dated March 12, 2002.
4. There shall be no significant increase in flood levels or velocity of floodwaters off-site as a result of this floodplain crossing, as determined to the satisfaction of the County Engineer prior to construction plan approval for any phase of development that requires a floodplain crossing.
5. Prior to construction plan approval for any phase of the development that involves a floodplain disturbance of a temporary or permanent nature, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA). The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain crossing. Bonding will be required to cover the amount of the LOMR fee, the as-built plans and any other requirements as outlined in FEMA’s CLOMR.
6. The Final Plat for each phase of the subdivision shall show the revised floodplain limits. In no instance shall more than 25% of any individual residential lot be covered with floodplain.
The final design of the floodplain crossings shall be as indicated
in the special exception application, with final design standards,
waterway openings, and specifications approved by the County Engineer.
The floodplain crossings shall be designed to incorporate
“countersinking technologies” acceptable to VDOT and the County at
each crossing location. The
countersunk culvert design shall incorporate a single box culvert that
spans, at a minimum, the bed and banks of the existing stream channel.
A multi-cell culvert design is permissible; however, the additional
cells must be outside the limits of the natural bed and banks and set at
an elevation consistent with the existing overbank regions.
A minimum “countersinking” of one-foot (1’) shall be provided
below the existing stream invert.
8. Any land disturbed within the floodplain shall be stabilized with either temporary or permanent seed in accordance with Virginia Erosion and Sediment Control Regulations.
9. Prior to the issuance of any land disturbing permits for this project, the applicant shall submit written evidence indicating to the County Engineer that the US Army Corps of Engineers and/or Virginia Marine Resources Commission has approved any disturbance within wetland areas or other regulated waterways.