A Resolution to Reconsider the Denial of Special Exception Request # SPEX 05-CR-015 and Approve the Special Exception Request Subject to Conditions
WHEREAS, on May 12, 2005 the Board of Supervisors denied the above-referenced special exception request; and
WHEREAS, the applicants filed suit against the County challenging the denial, Civil Action No. CH05-132 ; and
WHEREAS, the County and the applicants have agreed to settle the pending litigation, subject to County approval of the Special Exception request as conditioned herein; and
WHEREAS, pursuant to that agreement the Circuit Court of Fauquier County entered a consent decree on September 8, 2006 remanding this matter to the Board of Supervisors for reconsideration; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 14th day of September 2006, That the denial of Special Exception Request #SPEX05-CR-015 be, and is hereby, reconsidered; and, be it
RESOLVED FURTHER, That Special Exception Request #SPEX05-CR-015 as conditioned herein is hereby determined to be appropriate and consistent with good zoning practice; and, be it
RESOLVED FINALLY, That Special Exception Request #SPEX 05-CR-015 is hereby approved, subject to the conditions set forth below, and that the County Attorney is hereby authorized to take such steps as are necessary to obtain the dismissal of Civil Action #CH05-132 in accordance with this approval.
CONDITIONS APPLICABLE TO CATEGORY 20 SPECIAL EXCEPTION
1. The Special Exception is granted for and runs with the land indicated in this application, also known as PINs 7931-25-3530-000 & 7931-25-0088-000, 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.
3. Prior to land disturbance, the applicant shall provide a Grading Plan for the proposed Aquarobic Filter bed wastewater treatment facilities for review and approval by the County Engineer and the Health Department.
4. The applicant shall provide a Site Plan for the Aquarobic Filter bed wastewater treatment facilities, pursuant to Article 12 of the Zoning Ordinance.
5. The two Aquarobic Filter bed wastewater treatment facilities shall be in general conformance, subject to final engineering, with the Special Exception Plats entitled “Filter Bed: Russell L. Runyon Estate Lot 4-R & Filter Bed: Russell L. Runyon Estate Lot 2-R” dated December 7, 2004 and the Special Exception Plat dated October 25, 2004, all received in the Planning Office on February 4, 2005.
6. The two (2) Aquarobic Filter Bed systems proposed shall each be designed to serve a two (2) bedroom, single-family dwelling unit with an occupancy limited to four (4) persons.
7. The applicant shall, during the construction of the homes, provide temporary safety fencing twenty (20) feet beyond the perimeter of the drainfields (mounds) and reserve area, if installed prior to completion of the construction of the home, to ensure no excavation and construction activities would render the sites void.
8. Evidence of a maintenance and monitoring agreement from a state licensed laboratory, company or business and a report on the status of the permitted system shall be submitted annually to the Health Department and to the Zoning Department to ensure compliance with this Special Exception.
9. The applicant shall maintain the plants and woody vegetation as shown in the engineered design of the system. These plants shall be maintained on a regular basis and replaced if any die back or do not thrive.
10. No drainfield or reserve drainfield or any part thereof shall be located within the 100 year floodplain.
A Copy Teste
Paul S. McCulla
Clerk to the Board of Supervisors