ATTACHMENT A

ORDINANCE

AN ORDINANCE AMENDING SECTIONS 4-16, 7-10, 8-2, 9-5, AND 10-5

 OF THE FAUQUIER COUNTY SUBDIVISION ORDINANCE AS THEY

 RELATE TO THE STORMWATER MANAGEMENT ORDINANCE

WHEREAS, the Fauquier County Subdivision Ordinance Section 4-16 Bonding Requirements, Section 7-10 Grades, Section 8-2 Ditch Cross Section, Section 9-5 Preliminary Plan Requirements, and Section 10-5 Additional Subdivision Requirements provide for the design criteria, review, and bonding requirements for stormwater management in subdivision applications; and

WHEREAS, the Board of Supervisors is concerned that applicants appropriately manage stormwater generated by a proposed subdivision, and that off-site impacts of stormwater generated by new development be minimized; and

WHEREAS, on June 25, 2002, the Fauquier County Planning Commission held a public hearing on these proposed Subdivision Ordinance text amendments and voted to recommend that the Subdivision Ordinance be amended; and

WHEREAS, on August 19, 2002, the Board of Supervisors held a public hearing to receive citizen comments on this proposed Subdivision Ordinance text amendment; and

WHEREAS, the Board of Supervisors wishes to consider amendments to these sections; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 16th day of September 2002, That Sections 4-16,7-10, 8-2, 9-5, and 10-5 of the Fauquier County Subdivision Ordinance be, and are hereby, amended to read as follows:

SECTION 4 - PLAT PREPARATION PROCEDURES, GENERAL

4-16            Bonding Requirements

Prior to acceptance of dedicated a dedication for public use and/or maintenance of facilities, of any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvements dedicated for public use, and maintained by the locality, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by this Ordinance or other ordinances for vehicular ingress and egress, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities pursuant to the Fauquier County Stormwater Management Ordinance, financed or to be financed in whole or in part by private funds, if the owner or developer shall:

(1) certify to the agent for the governing body that the construction is complete and the costs have been paid to the person constructing such facilities; or

(2) furnish to the agent for the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body, in the amount sufficient for and conditioned upon the construction of such facilities, or a contact for the construction of such facilities and the contractors bond, with like surety, in like amount and so conditioned; or

(3) furnish to the agent for the governing body as to the bank or savings and loan association, the amount and the form. 

The amount of such certified check, cash escrow, bond or letter of credit shall include the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities.

SECTION 7 - MINIMUM STREET IMPROVEMENTS REQUIRED

7-10     Grades

The grades of streets submitted on subdivision plats shall be approved by the Virginia Highway Department Engineer prior to final action by the agent for the Fauquier County Board of Supervisors and shall be in accordance with the road designs and standards of the County of Fauquier.  Where the grade of any street exceeds 5% and on grades of less than 5% where soil conditions and the general topography make such necessary as determined by the governing body or its agent in conjunction with the engineer for the Virginia Department of Transportation, paved roadside ditches of a design satisfactory to meet the standards set forth in this Ordinance and the Virginia Department of Transportation standards shall be required.

SECTION 8 - SPECIAL AREA REQUIREMENTS FOR USE OF STREET STANDARDS

8-2       Ditch Cross Section

All public streets, accessways, or service drives in subdivisions having lots containing from 20,000 square feet to 5 acres shall be graded and paved in accordance with the typical section that is currently provided in the Fauquier County construction specifications and standards for the various classifications of streets as designated.  The standards are shown as Type 1-B, 2-B, 3-B, 4-A and 4-B.  Where curb and gutter is used in lieu of roadside ditches, roadways shall be constructed to standard typical sections for curb and gutter streets.  Where any street grade exceeds 5% and on grades of less than 5% where soil conditions and the general topography makes such necessary as determined by the governing body or it agent on recommendation of the Virginia Department of Transportation Resident Engineer for Fauquier County, paved roadside ditches shall be installed and extended to the nearest roadway culverts or outfall ditch in accordance with the current County construction specifications and standards.

SECTION 9 - PRELIMINARY PLATS

9-5            Preliminary Plan Requirements 

16) Preliminary plans indicating the provision/layout for all utilities, including but not limited to, water supply, sewage disposal, BMP's, and stormwater management facilities as outlined in the Fauquier County Stormwater Management Ordinance.

28) Location of any existing or proposed bridges.  Location of any proposed major culverts, SWM and BMP facilities as outlined in the Fauquier County Stormwater Management Ordinance.

SECTION 10 - FINAL PLATS

10-5            Additional Submission Requirements

B)        Final Construction Plans for subdivisions, resubdivisions or revisions, including the following minimum information as part of the final plans:

9) Storm drainage system plans including stormwater management as outlined in the Fauquier County Stormwater Management Ordinance.  Plans should be sufficient to build structure and outfall.  Drainage divides and summary should be shown on the plans.

C)        Calculations for drainage, stormwater management, BMP's, waterline flows, sewerage flows, or other areas where necessary for agency review of engineering methods, sealed and signed by a Virginia Licensed Professional Engineer or surveyor (with a 3-B license).  These calculations may be included on pages of the construction plans.  Stormwater Management plans shall be prepared in accordance with the Fauquier County Stormwater Management Ordinance.