ATTACHMENT 2

 

RESOLUTION

 

A Resolution to DENY TERMINATION OF AN OPEN SPACE USE AGREEMENT

 

WHEREAS, Fauquier County has established a special land assessment program for the preservation of real estate devoted to open space, pursuant to Section 58.1-3233 of the Code of Virginia, 1950, as amended; and

 

WHEREAS, a landowner may qualify for the special land assessment program for the preservation of open space upon the execution and recordation of a written Open Space Use Agreement between the landowner and the Board of Supervisors;  and

 

WHEREAS, on March 31, 2004, an Open Space Use Agreement was entered into between the Board of Supervisors and David R. and Georgia K. Buckwalter; and

 

WHEREAS, on November 4, 2004, a request to withdraw from the Open Space use Agreement was received from said landowners; and

 

WHEREAS, the Agreement stipulates in Section 11 that an agreement may be terminated in the manner provided in the Code of Virginia for withdrawal of land from an Agricultural & Forestal District; and

 

WHEREAS, the Fauquier County Board of Supervisors referred by resolution the request to terminate the Open Space Use Agreement to the Agricultural & Forestal Advisory Committee and Planning Commissions for their recommendations; and

 

WHEREAS, on March 9, 2005, the Agricultural & Forestal Advisory Committee forwarded a recommendation to the Board that the Open Space Use Agreement be maintained, with amendments as necessary to facilitate the operation of the farm; and

 

WHEREAS, on April 26, 2005, the Planning Commission conducted its public hearing and considered the request and, on September 25, 2005, forwarded a recommendation to the Board that the Open Space Use Agreement be maintained; and

 

WHEREAS, on December 8, 2005, the Board of Supervisors held a public hearing on the issue and determined that the identified hardship is not sufficient basis for terminating the open space agreement; now, therefore, be it

 

RESOLVED by the Fauquier County Board of Supervisors this 8th day of December 2005, That the request to terminate the Buckwalter Open Space Use Agreement be, and is hereby, denied.