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Section 15-300 of the Fauquier Zoning Ordinance defines a
“Sewage Treatment Facility” as:
a system to digest and/or treat more than 1,200 gallons
per day (gpd) of sewage; or any system approved for
experimental or provisional use by the Virginia Department
of Health; or any system requiring discharge into an open
ditch or water as a means of disposal.
Section 3-320 then goes on to require a special exception
for any “[s]ewage treatment system, disposal and water
purification” facility. Section 5-2002 sets forth the
standards for approval of a special exception for the Sewage
Treatment Facility. One of these standards, 5-2002.5,
specifically prohibits a private, individual sewage
treatment system from discharging into an open ditch or
water except where it replaces a failing existing system
serving an existing use:
5. A special exception for a private individual
sewage treatment system which discharges into an open ditch
or water shall be allowed for only to replace an existing
sewage system which is presently serving an existing use.
That existing sewage system must have failed and have been
certified by the Virginia Department of Health to pose a
real or potential health threat and a discharging sewage
treatment system is the only alternative for the repair. In
approving such a system the Board may establish conditions
including but not limited to use, maintenance, and testing.
A January 2004 text amendment to the
zoning ordinance aimed at eliminating multiple-user sewage
treatment systems outside of service districts eliminated a
sixth standard contained in Section 5-2002 related to
approval of sewage treatment facilities for commercial and
industrial uses. The deleted standard was:
6. A special exception for a private sewage
treatment system may be allowed for new construction for
Commercial or Industrial uses outside of service districts
provided that the system is operated under the control of
the Fauquier County Water and Sanitation Authority, or a
Class III wastewater operator which holds a current permit
licensed in the State of Virginia. In approving such a
system, the Board may establish conditions including but not
limited to use, maintenance, and testing.
The intent of the amendment that struck Standard 6 above,
from the Ordinance was to eliminate multi-user systems.
However, because of the existence of Standard 5, striking
Standard 6 also had the effect of eliminating the ability
for a private, individual sewage treatment system for all
commercial and industrial uses where such system discharges
into an open ditch or water. There is suggestion, from the
staff notes on the ordinance, that this effect was
unintentional. The record reflects no actual discussion of
whether or not the County wished to maintain the ability for
new individual commercial systems that discharge into an
open ditch or water.
The
Culpeper Farmers Cooperative (Co-op) has raised the issue in
the context of their planned relocation from Remington to a
6.25 acre property located at the intersection of Route 17
and Harper’s Run Drive, in the Cedar Run District. The
Co-op proposes to utilize a sewage treatment system that
discharges into an open ditch, and has filed a special
exception for such system. The applicant has indicated this
system is the only viable option for the site. While
reviewing the application, staff determined that the Zoning
Ordinance no longer allows approval of the proposed system
because it is a new system rather than a system designed to
replace a failing system.
On July 29,
2004, the Planning Commission voted to recommend approval of
a zoning ordinance amendment that would allow the
Cooperative to apply for a discharge system. The proposed
text amendment restores the ability for farm supply
establishments located in the RA zoning district to apply
for a special exception for such a system. As recommended
by the Planning Commission, the text amendment limits such a
system to sites that discharge less than 1,000 gallons per
day, which serve a single business, and only where the Board
of Supervisors finds that such discharge system is the only
viable option for the particular site. The special
exception process would allow the individual impacts and
merits of any proposed system to be considered on a
case-by-case basis, and provides for monitoring and
reporting.
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