RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION #SE02-CR-29 EASTERN CLEARING:  A CATEGORY 20 SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A PRIVATE WASTEWATER TREATMENT SYSTEM WITH DISCHARGE INTO AN OPEN DITCH

            WHEREAS, William A. Hamp, Owner, and Karen H. Coleman, Applicant, are seeking Special Exception approval pursuant to Zoning Ordinance Category 20 Public Utilities, to allow the construction of a private wastewater treatment system with discharge into an open ditch; and

            WHEREAS, on May 29, 2003 and June 26, 2003, the Planning Commission held public hearings on this application and, on June 26, 2003, voted to forward the application to the Board of Supervisors with a recommendation of approval; and

WHEREAS, on July 21, 2003 , the Board of Supervisors considered the written and orally presented information of the Applicant 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 21st day of July 2003, That the Special Exception request of William A. Hamp, Owner, and Karen H. Coleman, Applicant, to allow the construction of a private wastewater treatment system with discharge into an open ditch, be, and is hereby, approved, subject to the following conditions:

  1. This 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 the special exception plat approved with the application, as qualified by these development conditions.

  1. The Site Plan shall be generally consistent with the plat approved with this Special Exception, with modifications only as necessary to meet the requirements of the Zoning Ordinance.

4.      This Special Exception is subject to the provisions of the Fauquier County Zoning Ordinance, as may be determined by the Fauquier County Department of Community Development.

  1. The proposed discharge corridor shall be restored to its pre-existing conditions.  This includes not only re-grading the swale but also removing all organic matter (tree stumps, mulch, and all other wood debris) and foreign materials found in the swale. This shall be done according to the Virginia Department of Health recommendations. Special care shall be taken to ensure that grading does not disturb soil to an excessive depth and that the shallow bedrock below is not exposed since this will interfere with infiltration.

6.      The discharge corridor shall be permanently fenced and shall remain a permanent swale.  A substantial permanent fence with a minimum height of five (5) feet shall be constructed and installed to prevent damage to the discharge corridor.  The fence shall be maintained and inspected monthly and, if needed, repaired within 48 hours of any damage.

  1. An annual maintenance contract shall be required for the proposed alternative wastewater treatment system with copies sent to the Virginia Department of Health and the Fauquier County Zoning Office.  Consideration for the maintenance of the discharge corridor shall be included in this contract.  If the discharge corridor is damaged in any way, it shall be reported immediately to the Virginia Department of Health for recommendations for repair. 

8.      Eastern Clearing shall work with the downstream property owner to ensure the drainage offsite will not interfere in any way with the current use of the downstream property owner’s land.

9.      The discharge ditch shall be constructed and maintained such that it conveys effluent at a non-erosive velocity and ponding does not occur.