RESOLUTION

A RESOLUTION TO AUTHORIZE THE CUTTING OF DANGER TREES

            WHEREAS, Richard Wayne Arrington is the record owner of a parcel of land in Fauquier County, Virginia, described as Parcel Identification No. 7829-32-8352-000; and

            WHEREAS, Richard Wayne Arrington and Linda G. Arrington are the record owners of a parcel of land in Fauquier County, Virginia, described by Parcel Identification No. 7829-21-2945-000; and

            WHEREAS, both parcels are subject to Purchase of Development Rights (PDR) easements; and

            WHEREAS, by a resolution of the Fauquier County Board of Supervisors dated August 13, 2009, the County authorized the relocation of Dominionís existing 100-foot easemenrs on both parcels; and

            WHEREAS, by a resolution of the Fauquier County Board of Supervisors dated August 13, 2009, the County authorized the grant of a 50-foot easement by Richard Wayne Arrington and Linda G. Arrington over the portion of both parcels subject to the PDR easements; and

            WHEREAS, to ensure the safety of Dominionís transmission line and facilities, Dominion needs the right to trim, fell, cut or remove any tree, limb, shrub, landscaping, vegetation or crop which is located outside of Dominionís easements, which in the opinion of Dominionís certified arborist, may endanger the safe or proper operation of Dominionís transmission line and facilities because (1) if the tree, limb, shrub, landscaping vegetation or crop fell, it would fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; or (2) the tree, limb, shrub, landscaping, vegetation or crop demonstrates signs of physical defects, e.g. root disease, stem decay, leaning trees, weak crotches or cracked stems, and if it fell, it would cause a healthy tree to fall within (10) feet of a conductor on Dominionís transmission line and facilities; and

            WHEREAS, because the PDR easement does not preclude the cutting of trees or clearing activities, allowing Dominion to trim, fell, cut or remove any tree, limb, shrub, landscaping, vegetation or crops is not a conversion or diversion of open space in accordance with the terms of the PDR easements; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of October, 2009, That to ensure the safety of Dominionís transmission line and facilities, the County hereby authorizes Dominion to, in its reasonable discretion, trim, fell, cut or remove any tree, limb, shrub, landscaping, vegetation or crop which is located outside its easement area, which in the opinion of Dominionís certified arborist, may endanger the safe or proper operation of Dominionís transmission line and facilities because (1) if the tree, limb, shrub, landscaping vegetation or crop fell, it would fall within ten (10) feet of a conductor on Dominionís transmission line and facilities; or (2) the tree, limb, shrub, landscaping, vegetation or crop demonstrates signs of physical defects, e.g. root disease, stem decay, leaning trees, weak crotches or cracked stems, and if it fell, it would cause a healthy tree to fall within (10) feet of a conductor on Dominionís transmission line and facilities; and be it

            RESOLVED FURTHER, That the County finds that this authorization does not contravene its prior resolution of August 13, 2009; and be it

            RESOLVED FURTHER, That the County finds that this authorization does not constitute a diversion of open space in accordance with provision of ß 10.1-1704 of the Code of Virginia; and be it

            RESOLVED FINALLY, That this resolution is contingent upon the final approval of the Arringtons.

 

                                                             A Copy Teste

                                                            ____________________________________

                                                            Clerk to the Board of Supervisors

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