A RESOLUTION TO APPROVE SE02-L-27: A CATEGORY 23 SPECIAL EXCEPTION TO ALLOW THE CROSSING OF A FLOODPLAIN TO CONSTRUCT A REQUIRED ROADWAY, D.C. DIAMOND CORPORATION, OWNER AND APPLICANT
WHEREAS, in 1995, the
rezoning of the Applicant’s property, known as
WHEREAS, that property is adjacent to the property identified by PIN #6889-31-7311-000, also owned by the Applicant; and
WHEREAS, the rezoning of Southcoate Village included proffered conditions that require the Applicant to either construct or bond for construction a second access to the subdivision no later than the recordation of the first final plat for Phase III; and
WHEREAS, these proffered conditions preclude any development of Southcoate Village beyond the combined 86 units of Phases I and II, without an approved second access constructed or bonded for construction; and
WHEREAS, the Applicant has proposed to design and build the required second access to Southcoate Village across the property identified by PIN #6889-31-7311-000; and
WHEREAS, this proposed road alignment requires the crossing of a floodplain; and
WHEREAS, the Planning Commission has conducted a public hearing on SE02-L-27, and reviewed the Applicant’s proposal to bond both design and construction of the required roadway; and
WHEREAS, the Planning Commission has forwarded a recommendation to approve SE02-L-27 subject to certain conditions; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 21st day of July 2003, That SE02-L-27 be, and is hereby, approved subject to the following conditions:
The Applicant hereby agrees that the extension of
There shall be no other impacts to the 100-year floodplain
with this Special Exception beyond that which is described above.
As such, the alignment of
3) Additionally, the Applicant hereby agrees to the following completion schedule:
The final planimetric (horizontal) design of the road shall
be completed and submitted to the
Within three (3) months of the date of approval of the
aforementioned planimetric plan, Carson/Harris, shall prepare and submit
for approval to
Final construction plans for the road, including all
necessary drainage and stormwater management facilities, shall be prepared
by Carson/Harris and submitted to
d. Road construction activities shall commence within six (6) months of final construction plan approval by all applicable local, State, and Federal agencies.
e. Road construction shall be completed within twenty-four (24) months of Board of Supervisors’ approval of this Special Exception.
4) Pursuant to the schedule established in the preceding paragraph, the Director of Planning may grant the Applicant a one-time six (6) month extension. Additional extensions, if requested, may only be granted by the Fauquier County Planning Commission.
The Applicant, D.C. Diamond Corporation, its successors and
assigns, shall be responsible for ensuring the construction of the
a. Construction of the road extension contemplated in this Special Exception is completed and accepted; or
An alternate second point of access to
Final construction plans for a different design of the
The Applicant hereby agrees to bond an amount sufficient to
cover the design and construction costs of the road.
Said bond amount shall be determined based on a planimetric
(horizontal) road plan approved in conceptual form by VDOT and the
a Approved Design and Permitting Costs, including but not limited to:
i. Construction Plans to be prepared by Carson/Harris for a fixed fee agreed to by Carson/Harris and the County and stated in the approved bond
ii. Record Plats & Deeds
iii. Studies and/ or mitigation plans required to obtain all necessary State and Federal permits and/or letters of concurrence, including, but not limited to:
(3) Conditional and final letters of map revision from the Federal Emergency Management Agency;
b. Construction Costs
i Construction stakeout
iii Clearing, grading and erosion controls
iv Construction materials and installation
v Contingency for the removal of unsuitable materials and replacement with suitable materials
c. “As-built” surveys, plans and certifications;
d. 15% Contingency; and
e. Annual Inflation Factor; of five percent (5%).
Carson, Harris & Associates, LLC, its successors or assigns, shall assist in facilitating any engineering related items.
7) The Applicant, its successors and assigns, shall be responsible for complying with these conditions, which shall run with the land.