CONSENT AGENDA REQUEST

Sponsor:

 Board of Supervisors Meeting Date:

 

Harry F. Atherton, Vice Chairman, Marshall District Supervisor

 

October 13, 2005

Staff Lead:

Department:

 

Frederick P. D. Carr, Director

 

Community Development

Topic:

 

A Resolution to Approve a Memorandum of Understanding between the Fauquier County Board of Supervisors and the John Marshall Soil and Water Conservation District 

 

Topic Description:

 

The proposed agreement updates and clarifies the requisite coordination, as well as the operational and administrative guidelines for the Erosion and Sediment Control Program consistent with present day practices and the Virginia Code and regulations.

 

Requested Action of the Board of Supervisors:

 

Consider adoption of the attached resolution.

 

Financial Impact Analysis:

None required.

 

Summary Staff Report:

 

1.      Background Information:  Fauquier County and the John Marshall Soil and Water Conservation District (JMSWCD) have been operating under the current Memorandum of Understanding (MOU) since June 8, 1994.  The MOU focuses on the implementation of the state mandated Erosion and Sediment Control Program.  The Office of the County Engineer serves as the overall Erosion and Sediment Control Program Administrator.  Examples of key JMSWCD responsibilities are as follows: (a) review and approval of the E&S plans submitted as part of construction plans, site plans, or any land disturbance of greater than 10,000 square feet; (b) responsible for the site inspections during project site preparation and for all single family homes and commercial development; (c) responsible for site violation reports, identifying violations and coordinating the corrective measures developers must complete. 

 

2.      Updated MOU: The proposed agreement simply updates the MOU to reflect responsibilities and inspections consistent with the Virginia Erosion and Sediment Control Handbook and regulatory changes, Fauquier County ordinances, and existing practices and coordination between the JMSWCD staff and the Department of Community Development. Other responsibilities are identified within the attached Memorandum of Understanding.

 

The service this Department receives from the JMSWCD continues to be excellent, with over 6,000 inspections projected for this year alone.  Staff recommends that this updated Memorandum of Understanding be Board of Supervisors approved.

 

Identify any other Departments, organizations or Individuals that would be affected by this request:

 

John Marshall Soil and Water Conservation District

Fauquier County Board of Supervisors

Department of Community Development

 

 

 

 


 

MEMORANDUM OF UNDERSTANDING  BETWEEN THE
FAUQUIER COUNTY BOARD OF SUPERVISORS AND THE

        JOHN MARSHALL SOIL AND WATER CONSERVATION DISTRICT

 

 

            This Memorandum of Understanding is made and entered into the     day of      , 2005 by and between the Fauquier County Board of Supervisors, the John Marshall Soil and Water Conservation District, and the Fauquier County Department of Community Development.

 

            Whereas, the Fauquier County Board of Supervisors, the John Marshall Soil and Water Conservation District (JMSWCD), and the Fauquier County Department of Community Development recognizing the need for a close working relationship, especially with the Erosion and Sediment (E&S) Program, enter into this memorandum of understanding; and

 

            Whereas, This Memorandum of Understanding supplements the one approved by the Board of Supervisors on April 14, 2005, addressing personnel and financial operations

 

 

            THE FAUQUIER COUNTY BOARD OF SUPERVISORS AGREES TO:

 

1.   Provide sufficient funding to the John Marshall Soil and Water Conservation District (JMSWCD), to provide support to Fauquier County’s Erosion and Sediment Control Program.

 

2.   The Board of Supervisors recognizes that in order to maintain a high quality level of service and comply with federal, state, and local requirements, sustained increased workload volumes may require, for example, additional funding to cover operating expenses ( i.e. staff, office space, 4-WD vehicles). 

 

3.   Update and enforce the E&S Ordinance as required by State mandates.

 

4.   Notify the JMSWCD Board in writing of Fauquier County Board of Supervisors’ priority projects to be identified for expedited review.

 

5.   Establish fees to collect revenues to defer approximately 50% of the JMSWCD operating expense of the E&S Program.

 

 

            THE JOHN MARSHALL SOIL AND WATER CONSERVATION DISTRICT (JMSWCD) AGREES TO:

 

1.    Be the Plan Review Agency for E&S plans for Fauquier County, inclusive of The Plains and The Town of Remington, excluding only the Town of Warrenton, upon referral from the Department of Community Development.  The JMSWCD will submit comments in writing to Community Development within state established timeframe.  Attend and participate in the Technical Review Committee meetings and other meetings (i.e. Planning Coordination) as time allows.

 

2.   Provide state mandated E&S inspections and follow-up correspondence for all permitted projects, including the Rural Single Family Home Program.

 

3.   Review periodic responsible land disturbance (RLD) and National Pollutant Discharge Elimination System (NDPES) monitoring reports submitted by the developer as needed.

 

4.   Work with developers in the field to revise E&S Plans, if necessary, to achieve the appropriate E&S practices for the site.  In-field changes can be made through a written request for variance, a plan amendment or an in-field change documented in an E&S inspection report.

 

5.   Forward the files for all completed projects to the Department of Community Development.

 

6.   Keep the Department of Community Development informed of significant problems and the status on all projects, as requested or necessary.

 

7.   Coordinate regular meetings with the Department of Community Development representative and as needed with the Division of Soil and Water Conservation.

 

8.   Investigate E&S and drainage complaints on permitted project sites.  Drainage complaints on permitted project sites will be conducted in conjunction with the Department of Community Development. 

 

9.   Provide a written quarterly report to the Board of Supervisors and the Department of Community Development with respect to the E&S program.

 

10.  Inform the Department of Community Development and the Board of Supervisors when the E&S Program workload begins to exceed the capacity of the JMSWCD.  

 

11.  Report potential site violations of the E&S Ordinance and the Zoning Ordinance to the Department of Community Development.

 

12. Provide supervision and up-to-date training for their staff to complete E&S Plan review and inspections, including state mandated certifications.

 

13.  Inform applicants desiring ponds that a zoning permit and that a plan and land disturbing permit may be required prior to commencing any work.

 

14.  Provide support to the Department of Community Development for planning, management and conservation of soil and water resources.

 

15.  Inform applicants that a zoning permit is required for animal waste storage facilities, as well as a permit from the Department of Environmental Quality.

 

16.  Provide one copy of the JMSWCD minutes of regular monthly board meetings to the following:

 

                        a.          Each member of the Board of Supervisors

                        b.         County Administrator

                        c.          Director of Community Development

                        d.         County Liaison 

 

 

 

 

                                    THE DEPARTMENT OF COMMUNITY DEVELOPMENT AGREES TO:

 

1.    Be the Plan Approval Authority and forward an E&S Inspection file to the JMSWCD for their use in inspections after the Land Disturbing Permit has been issued.  The file will include: A copy of the Land Disturbing Application, the Land Disturbing Permit, and the E&S plan.  Upon request from the JMSWCD the Agreement in Lieu of Plan will be provided for Single Family Home Projects.

 

2.   Be responsible for collecting all fees in regards to the Erosion and Sediment Control program.

 

3.   Be responsible for all reductions, releases, and tracking of bonds.

 

4.   Be responsible for issuing all enforcement actions, including formal Notices to Comply, Stop Work Orders, and other enforcement measures for all permitted projects.

 

5.   Provide program support and enforcement for stop inspection orders on rural single family homes.

 

6.   Provide technical assistance to the JMSWCD, when requested.

 

7.   Coordinate regular meetings with the Department of Community Development representative and as needed with the Division of Soil and Water Conservation.

 

8.   Provide a copy of the Fauquier County Ordinances and the Fauquier County Code and updates free of charge to the John Marshall Soil and Water Conservation District.

 

9.    Be the Stormwater Management Plan Review Agency and Approval Authority.

 

10.  Keep the JMSWCD informed of any in field changes and/or plan modifications made and request input on the changes. 

 

11.  Notify JMSWCD of the bond reduction/release requests to ensure that there are no outstanding E&S violations.

 

12.  Investigate complaints on non-permitted sites and assist with drainage complaints on permitted project sites.

 

13.  Provide a 45 day deadline for submission of plan review comments.

 

14.  Provide monthly final occupancy report and an initial footer’s report for the rural single family homes.  Coordinate other reports as requested.

 

15.  Appoint a liaison to consult with the JMSWCD.

 

 

           This Memorandum of Understanding and the obligations placed upon the parties to it are subject to the appropriation of sufficient funds to carry out the duties imposed hereunder.  Should insufficient funds be appropriated for the purposes intended this memorandum and the duties and obligations contained herein shall be terminated upon the last day for which sufficient funds have been appropriated.  Termination by non-appropriation shall not be considered default.

 

It is further understood that this memorandum can be revisited and updated upon agreement by all undersigned parties.

 

 

BOARD OF SUPERVISORS OF FAUQUIER

COUNTY, a Body Politic

 

 

                                                                                                      By:____________________________________   

 

DEPARTMENT OF COMMUNITY

DEVELOPMENT OF FAUQUIER COUNTY

 

 

 By:   ____________________________________

 

JOHN MARSHALL SOIL & WATER 

CONSERVATION DISTRICT, a Political

Subdivision of the Commonwealth of Virginia 

 

 

By:   ___________________________________