A Resolution to Approve A COMPREHENSIVE PLAN CONFORMANCE DETERMINATION IN ACCORDANCE WITH THE CODE OF VIRGINIA, SECTION 15.2‑2232, AND A Category 20 Special Exception TO ALLOW FOR THE CONSTRUCTION OF A NEW 500 kv switching station and future substation equipment


WHEREAS, Virginia Electric & Power Company d.b.a. Dominion Virginia Power, applicant and Virginia Electric & Power Company, owner, is seeking Special Exception approval for construction of a new 500 kV switching station and an area to accommodate future substation equipment (Bristers Station) on PINs 7848-19-6462-000 and 7848-29-2318-000; and


WHEREAS, the Code of Virginia, Section 15.2-2232, requires determination by the Board of Supervisors that this proposal is in substantial accord with the Comprehensive Plan; and       


WHEREAS, on August 25, 2005, and September 29, 2005, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and


WHEREAS, on September 29, 2005, the Fauquier County Planning Commission recommended denial of the application; and


WHEREAS, on October 13, 2005, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and


            WHEREAS, the Board of Supervisors did not concur with the Planning Commission and it has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2000 and that the proposed public utility is in conformance with the Fauquier County Comprehensive Plan in accord with the Code of Virginia, Section 15.2-2232; now, therefore, be it


            RESOLVED by the Fauquier County Board of Supervisors this 13th day of October 2005, That SPEX06-CR-001 be, and is hereby, approved, subject to the following conditions:


1.                  The 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.


3.                  This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated, and shall be in general conformance with, the Special Exception Plat titled “Special Exception Permit, Bristers Station Site, Cedar Run Magisterial District, Fauquier County, Virginia” dated July 13, 2005, approved with the application, as qualified by these development conditions.


4.                  Prior to land disturbance for any new construction or alterations of any type, a Site Plan consistent with the approved Special Exception, provisions of Article 12 of the Fauquier County Zoning Ordinance and the bulk regulations for the underlying RA zoning district must be approved prior to obtaining building and zoning permits.


5.                  The applicant shall maintain the Glare Standards of Section 9-900 of the Fauquier County Zoning Ordinance.


6.                  The applicant shall maintain the standards for Outdoor Light Control of Section 9-1000 of the Fauquier County Zoning Ordinance.


7.                  The applicant shall maintain the applicable County performance standards for Noise and meet the requirements contained in Section 9-705 of the Zoning Ordinance.


8.                  Any use or activity not specified in this Special Exception shall require new permit or Special Exception approval.


9.                  The site entrance shall be approved by the Virginia Department of Transportation (VDOT) in accordance with the commercial entrance standard in the Minimum Standard of Entrances to State Highways.


10.              The applicant is responsible for any utility relocation costs associated with construction and appropriate authorization is required for any work within rights-of-way or easements.


11.              All required state and federal permits are to be filed with the first submission of the Site Plan. This includes the U.S. Army Corps of Engineers wetlands permit for disturbance of wetlands. (Fauquier County SWMO Section 4.1.5)


12.              No stormwater runoff generated from new development shall be discharged into jurisdictional wetlands without adequate treatment. An oil containment unit will be necessary so oil or other liquids that may leak from the transformers will not be discharged into the surrounding areas. (Fauquier County SWMO Section 4.2E)


13.              The project shall meet all applicable requirements of the Fauquier County Stormwater Management Ordinance. (Fauquier County SWMO Section 1.3)


14.              The project shall comply with the Virginia Statewide Fire Prevention Code "SFPC" (2000 International Fire Code "IFC" as amended by Virginia and adopted by Fauquier County.)


15.              A water source shall be provided at the site entrance on Cromwell Road, in accordance with a nationally recognized standard such as NFPA 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting.


Code Reference; 508.1 Fire Protection Water Supplies – Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into within the jurisdiction.


16.              The total area of the site developed for the switching facility shall be limited to the 6.37 acre fenced area depicted on the Special Exception Plat as well as approximately 11.72 acres of site clearing.  Unless the Board of Supervisors approves an amendment to this Special Exception, the remaining parcel acreage shall be deed restricted from further development with limited exceptions through a recorded easement. Those exceptions are limited to the following uses:


            a. Installation of utility poles, transformer, lines and facilities related to the transmission and distribution of electricity;


            b. Natural gas lines, reduction station equipment and facilities related to the distribution of natural gas;


            c. Installation of well for potable use, septic tank, drainfield and required reserve, and effluent lines for the facility;


            d. Agricultural, forestry, wildlife habitat areas and observation points or open space uses, including low impact public recreational facilities for environmental observation, study and activities (excluding athletic fields, which are to be located at other designated County park areas); and


            e. Use resulting from state or federal regulations that requires operational and equipment improvements outside of the existing project footprint, which is approved by amendment to the Special Exception by the Board of Supervisors.


The referenced easement will include the conditions mentioned above, and shall be reviewed and approved by the County Attorney.


17.  The applicant shall obtain and, as necessary, maintain all applicable federal, state and local permits. In addition, the Department of Community Development, on behalf of the Fauquier County Board of Supervisors, reserves the right to inspect the site at any reasonable time without prior notice to insure that the operation of the facility meets the conditions of this Special Exception.


18.  If the facility is permanently decommissioned, and operations have ceased for a two-year period, then the applicant is required to remove all facility equipment and infrastructure represented in the approved site plan. In addition, all mandatory federal and state environmental clean up requirements must be met, and the site returned to its natural state within three years after the referenced two-year termination of operations.


19.  The Special Exception is granted for and runs with the land indicated in this application and is not transferable, except as defined in Condition 16 above. Conditions of the permit shall be applicable to all successors and assigns of the applicant. In the event that the Applicant challenges any condition of this Special Exception, the Board of Supervisors evidences its intent that these conditions are not severable.


20.  Prior to Site Plan approval, the applicant must submit an Emergency Response Plan for Fauquier County Office of Emergency Services’ approval. That plan includes an updated emergency contact list and protocol, and must be approved prior to the issuance of any building permit for the facility.


21.  This Special Exception shall approve the Bristers Switching Station which includes: three (3) 500kV breakers, three (3) 500kV backbone structures, a control enclosure, aluminum bus, steel support structures and other ancillary equipment as required.  It shall also include approval for two (2) future 500 kV lines, three (3) future 230 kV lines, and one bank of 500-230 kV transformers consisting of four (4) single phase units.


22.  A landscape/buffering plan shall be prepared and submitted with the Site Plan for the facility, pursuant to Zoning Ordinance requirements for approval by the Department of Community Development.  This will include a vegetated buffer to screen the use from visibility of adjacent property owners and the roadway.  Planting shall be avoided directly underneath the conductors as it would create risks to the integrity and reliability of the electric service.  In addition, the applicant shall identify tree stands that are to be preserved and the method of protection before and after construction. 


23.  Maintenance of Dead and Dying Trees and Replacements: The applicant shall replace any trees planted that die; tree replacement shall occur in perpetuity. If any trees shown on the approved site plan to be preserved or planted as part of the perimeter buffer become diseased or are dying, then the applicant may remove those trees. If the removed trees are part of the screening buffer as shown on the approved landscape/buffer plan, then the applicant shall replace with such number of trees as are necessary to satisfy the screening intent of the approved landscape/buffer plan. The replacement trees shall be planted as nearly as possible to the location of the removed trees. The replacement trees must be the equivalent to that shown on the approved plan.


Protection: The applicant shall be responsible for and employ reasonable efforts for the protection of the tops, trunks and roots of all existing trees, as well as other vegetation on the site. Protection devices shall be installed along the limits of clearing and grading, prior to any construction occurring onsite. Such protection shall be maintained until all work in the vicinity has been completed, and shall not be removed without the consent of the County Engineer.