PUBLIC HEARING AGENDA REQUEST

Sponsor:

 Meeting Date:

 Harry F. Atherton, Chairman, Marshall District

 

October 20, 2003

Staff Lead:

Department:

 

Frederick P.D. Carr, Director

Community Development

 

Topic: An Ordinance Approving the Amendment to Sections 3-331 and 7-501 and Sections of the Zoning Ordinance 17-5 and 19-18 of the Fauquier County Code

 

Topic Description:

On July 21, 2003 , the Board of Supervisors referred to the Planning Commission proposed changes to Sections 3-331, 7-501 of the Fauquier County Zoning Ordinance, and Sections 17-5 and 19-8 of the Fauquier County Code Relating to the Provision of Public Water and Sewer.  The principal focus was water supply in the Marshall Service District (Sections 3-331 and 7-501); however, there is one housecleaning refinement also included regarding public sewer (Code Section 17-5).

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Summary:

As a result of the Board of Supervisors June 2003 work session, proposed text amendments regarding individual well supplies for commercial and industrial uses were limited in focus to only land zoned industrial or commercial in the Marshall Magisterial District.  Based upon that direction, the results of the proposed amendments to the Fauquier County Zoning Ordinance and County Code would require all owners of land zoned industrial or commercial in the Marshall Service District to hook onto public water, unless a special exception relieving the landowner of that responsibility is granted by the Board of Supervisors.

Note that new homes and subdivisions within a designated service district are required to connect to public water service when within 300 feet.  There are exceptions.  One is when a proposed subdivision has 7 or more lots in an area not currently served by a public utility whether located in a service district or not. The special exception process currently provides the following standards for those circumstances, when the waiving of the requirement for a public water system and central water system would be warranted for consideration:

1.      The Fauquier County Water and Sanitation Authority (WSA) refused in writing to operate the proposed system or the applicant demonstrates to the Board that the provision of a public or central water system is technically or economically infeasible.

2.      The applicant demonstrates that the proposed central water system or individual wells on individual lots will not damage wells of adjoining parcels or interfere with future development of adjoining parcels.  This demonstration will be based on the results of a hydrogeological report and testing as outlined in Chapter 18 of the Subdivision Ordinance.

3.      Where a private central water system is proposed, the applicant has sufficient financial resources and a business plan to insure the successful operation of the system for a period of at least 10 years, adequate provisions will be made for the continued successful operation of the system, and the system will be deeded to a homeowners association with all necessary authority and easements to operate the system in perpetuity.

The proposed text amendments do not affect existing homes or alter the Zoning Ordinance and Code requirements for new subdivisions in any residential, RA or RC zoning categories, with one exception. The proposed change (underlined portion only) to the Fauquier County Code (Section 17-5) states:  “The owner of any building or structure for which water is required, and for which building permits for such building or structure are issued after April 20, 1982, shall be required to connect such building or structure to approved public water supply system, provided that said building or structure is within three hundred (300) feet of approved public water system, and that the public water supply system provider has the necessary capacity to permit connection…………………………if the public water system provider does not have the necessary capacity to permit the connection to the public water supply system, the landowner may install an individual well upon the grant of a special exception pursuant to Section 3-331 of the Fauquier County Zoning Ordinance.”  From a legal perspective, this provision now allows a stated process of relief for those within that radius of 300 feet when public water service capacity is simply unavailable.

Also remaining unchanged is the public water supply requirement for residential subdivisions of 7 lots or greater in size within (1) designated areas of the Bealeton, Catlett, Marshall, New Baltimore, Opal, Remington and Warrenton Service Districts; and (2) outside service districts in the R-1, R-2, RR-2 and V zones.  That requirement can be waived only through special exception per the referenced standards above (numbered 1-3; Section 5-3100 of the Zoning Ordinance).

A housecleaning amendment for public sewer is included for Section 17-5 of the Fauquier County Code.  This text amendment removes a “Catch 22” problem where public sewer connection is mandatory but the service provider indicates that, for example, it has no capacity for connection within a service district. This code revision provides relief to the property owner or developer through the special exception process. 

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

 Fauquier County Water and Sanitation Authority

 Marshall Water Works

 Department of Community Development

 ORDINANCE

AN ORDINANCE APPROVING THE AMENDMENT TO SECTIONS 3-331, AND 7-501 AND SECTIONS OF THE ZONING ORDINANCE 17-5 AND 19-18 OF THE FAUQUIER COUNTY CODE

WHEREAS, the Fauquier County Zoning Ordinance currently permits use of wells within service districts under certain circumstances; and

WHEREAS, the Fauquier County Code prohibits the use of wells in service districts where the landowner is within 300 feet of a public water line; and

WHEREAS, the Board of Supervisors referred and requested recommendations from the Planning Commission on July 21, 2003 regarding text amendments to Sections 3-331 and 7-501 of the Zoning ordinance and Sections 17-5 and 19-18 of the Fauquier County Code; and 

WHEREAS, on August 28, 2003 , the Planning Commission held a public hearing and forwarded the text amendments with a recommendation of approval; and

WHEREAS, on October 20, 2003 , the Fauquier County Board of Supervisors held a public hearing; and

WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance and Fauquier County Code, and is in the best interest of the citizens of Fauquier County ; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 20th day of October 2003, That Sections 3-331 and 7-501 of the Zoning Ordinance and Sections 17-5 and 19-18 of the Fauquier County Code be, and are hereby, amended to read as follows:

Text Amendments to the Zoning Ordinance:

3-331 Waiver of Public/Central Water Requirement  (Category 30)  

RC  RA    RR-2  V    R-1  R-2  R-3  R-4  TH  GA  MDP  C-1  C-2  C-3  CV  I-1  I-2

.                 SE   SE    SE   SE   SE   SE    SE   SE    SE    SE   SE    SE           SE  SE

7-500  Water and Sewer requirements and Central Water System Requirements.

7-501 Public water requirement.

Public water shall be required for:

1.   all residential subdivisions, multifamily or townhouse development of 7 or more lots or units under the following circumstances:

A.  Within the Bealeton, Marshall, New Baltimore, Opal, Remington and Warrenton and Catlett service districts except in those areas designated as non-sewered and/or non-public water growth areas in the Comprehensive Plan.

B.   Outside service districts in the R-I, R-2, RR-2 and V zones.

2.   commercial or industrially zoned properties located in the following service districts: Marshall

3.C. these circumstances; however, the requirement for a public water system may be removed by special  exception pursuant to Sections 5-3100.

Text Amendments to the Fauquier County Code :

Sec. 19-18.  Installation, replacement or repair of individual water systems within three hundred feet of public water supply system.

The owner of any building or structure for which water is required, and for which building permits for such building or structure are issued after April 20, 1982, shall be required to connect such building or structure to approved public water supply system, provided that said building or structure is within three hundred (300) feet of approved public water supply system and that the public water system provider has the necessary capacity to permit the connection. In addition, if any water system is found by the county health department to be polluted or not potable, it shall be unlawful for any person to replace or repair any water system or any part thereof in any manner to improve its operating conditions, if the public water supply system is within three hundred (300) feet of any building or structure which such water system served; provided, that it not be unlawful to make emergency repairs so as to permit use of the facility pending connection to the public water supply system, provided such connection is made in the most expedient manner and provided the health department is notified of such connection or temporary repairs. It is further provided that the owner of any building or structure for which water is required and which is connected to an approved public water supply system shall not disconnect the building or structure from such public water supply system  If the public water system provider does not have the necessary capacity to permit the connection to the public water system the landowner may install an individual well upon the grant of a special exception pursuant to Section 3-331 of the Fauquier County Zoning Ordinance.

Sec. 17-5.  Installation, replacement or repair of individual sewage disposal systems within three hundred feet of sanitary sewer.

The owner of any building or structure for which sewage disposal is required shall be required to connect such building or structure to approved public or private sewer, provided that said building or structure is within three hundred (300) feet of approved public or private sewer, and provided further that the owner of any such private system permits such connections and the public or private sewage system has the necessary capacity to permit the connections. In addition, if any privy system or individual sewage disposal or individual treatment system is found by the county health department to have become insanitary or malfunctioning, it shall be unlawful for any person to replace, repair or clean any such system or any part thereof in any manner to improve its operating conditions if a public or private sewer is within three hundred (300) feet of any building or structure which such privy or individual sewage disposal or individual treatment system served; provided, that it shall not be unlawful to make emergency repairs or clean out so as to permit use of the facilities pending connection to the public or private sewer, provided such connection is made in the most expedient manner and provided the health department is notified of such connection or temporary repairs; and provided further that individual sewage disposal systems that serve property adjacent to a force main sewer line can be replaced, repaired or cleaned, notwithstanding the provisions hereof, subject to county health department approval. It is further provided that the owner of any building or structure for which sewage disposal is required and which is connected to an approved public or private sewer shall not disconnect the building or structure from such public or private sewer. If the public or private sewer system provider does not have the necessary capacity to permit the connection to the sewer system the landowner may install an individual septic system upon the grant of a special exception pursuant to Section 3-330 of the Fauquier County Zoning Ordinance and any other approval required under this Code or the Zoning Ordinance.