WHEREAS, in 1995, the rezoning of the Applicant’s property, known as Southcoate Village , was approved by the Board of Supervisors; and

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: 

1)      The Applicant hereby agrees that the extension of Southcoate Village Drive from the Southcoate Village Subdivision will cross the Craig Run floodplain in the area circled on the Special Exception Plat prepared by Carson, Harris & Associates, LLC (Carson/ Harris) dated April 5, 2002 , and last revised March 12, 2003 .  The design of this stream crossing, when finalized, shall be generally perpendicular to the stream.

2)      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 Southcoate Village Drive proposed with this application has been modified to eliminate a second impact to the 100-year floodplain between Craig Run and the proposed intersection with State Route 28 ( Catlett Road ).  However, the Applicant reserves the right to apply for a Special Exception for additional 100-year floodplain encroachments if the property identified by PIN #6899-31-7311-000 is rezoned or regional transportation planning dictates.

3)      Additionally, the Applicant hereby agrees to the following completion schedule:

a.       The final planimetric (horizontal) design of the road shall be completed and submitted to the Virginia Department of Transportation (VDOT) and the County for concept approval within three (3) months from the date of Board of Supervisors’ approval of this Special Exception.

b.      Within three (3) months of the date of approval of the aforementioned planimetric plan, Carson/Harris, shall prepare and submit for approval to Fauquier County a right-of-way reservation and temporary construction easement plat for the road.

c.       Final construction plans for the road, including all necessary drainage and stormwater management facilities, shall be prepared by Carson/Harris and submitted to Fauquier County no later than eight (8) months from the date of Board of Supervisors’ approval of this Special Exception.

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.

5)      The Applicant, D.C. Diamond Corporation, its successors and assigns, shall be responsible for ensuring the construction of the Southcoate Village Drive extension.  Furthermore, to ensure the timely construction of a second point of access to the Southcoate Village Subdivision, the applicant hereby agrees the construction bond for Southcoate Village Phases III and IV may be reduced but shall not be released until:

a.       Construction of the road extension contemplated in this Special Exception is completed and accepted; or

b.      An alternate second point of access to Southcoate Village is approved by the County and bonded for construction; or

c.       Final construction plans for a different design of the Southcoate Village Drive extension are approved and bonded for construction.

6)      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 County Engineer and will include the following provisions:

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:

(1)   U.S. Army Corps of Engineers Permits;

(2)   Virginia Department of Environmental Quality Permits;

(3)   Conditional and final letters of map revision from the Federal Emergency Management Agency;

b.                  Construction Costs

i                       Construction stakeout

ii                     Mobilization

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.