RESOLUTION

A Resolution to Approve SPEX06-CR-025: A Category 20 Special Exception to Construct An Above Ground Water Facility AND SPEX06-CR-018: A Category 31 Special Exception to Construct A Community Well System

WHEREAS, Engle Homes Virginia, owner and Dewberry, applicant, are seeking Special Exception approval for construction of facilities for distribution, treatment and storage of water for a proposed subdivision; and

            WHERAS, the well facility (lot) and water system would be built by the applicant to WSA standards and then turned over to Fauquier County Water and Sanitation Authority  (WSA) for ownership, operation and maintenance; and

WHERAS, the applicant seeks to construct these facilities to provide water to serve thirty (30) lots within the proposed Estates at Old Marsh Subdivision; and

WHEREAS, the parcel is identified as PIN 6990-13-5554-000; and

WHEREAS, on July 27, 2006 and November 30, 2006, the Fauquier County Planning Commission held public hearings on the proposed Special Exceptions and recommended approval of the Category 20 application, subject to conditions; and

WHEREAS, the Category 31 Special Exception is not required since the WSA will take over this proposed system; and

WHEREAS, on December 14, 2006, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2000; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 14th day of December 2006, That SPEX06-CR-025 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. The development of the property shall be in general conformance with the Special Exception Plat entitled "Category 20 Special Exception Plat for Above Ground Facilities Associated With a Public Utility" dated June 16, 2006 and received in the Planning Office on June 15, 2006.
  4. A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance.
  5. An on-site monitoring plan, to include the provision of dedicated monitoring wells; mitigation for the well (Robinson Sr.) adversely impacted during testing; change in the water demand assumption, per unit from 400 gpd to 500 gpd; and identification of contaminant threats within 5,000 feet of the two production wells shall be developed and submitted to Fauquier Water and Sanitation Authority (WSA) and the County for approval with first submittal of the Construction Plan.
  1. The applicant shall submit approval from the owners of the Robinson Sr. well for any proposed mitigation measures prior to County approval of the Construction Plans.
  2. The applicant shall design and construct the entire water system, including the wells, water lines, pumps, hydro-pneumatic tank and ground storage tank, in accordance with  WSA standards and requirements so that it can be taken over by the WSA.
  3. Specific design of the system will be addressed during the preparation of Construction Plans; the design shall be based on the design requirements of the WSA Community Water System Standard and the Virginia Department of Health’s Waterworks Regulations.
  4. Prior to approval of the Construction Plans/Site Plan, the applicant shall provide verification from WSA as to the agreement to accept the water system proposed with this plan.
  5. The water storage tank and its infrastructure shall be located on a 100 foot by 100 foot lot dedicated to the WSA.
  6. The applicant shall provide an access easement to the tank site and parking area to allow for access by WSA or other government agencies.
  7. The maximum water storage tank height shall be thirty-three (33) feet.
  8. The maximum storage capacity of the water storage tank shall be 122,000 gallons.
  9. The tower storage facility shall be a silo style structure, as approved by WSA.
  10. The tank color shall be determined by WSA.
  11. The applicant shall maintain the existing mature tree buffer adjacent to the tank, as indicated on the Special Exception Plat.
  12. There is to be no fill in the wetlands without a DEQ/COE permit.
  13. All structures are to be above the 100-year water surface elevation of the adjacent creek.
  14. No subsurface drainfield can be closer than 100 feet to the well.  Additional separation would be preferable.
  15. Only manual (non-automatic) drip irrigation systems shall be permitted. This language shall be included within the HOA documents and on the Final Plats for the Estates at Old Marsh Subdivision or any other subdivision that utilizes this system.

; and, be it

            RESOLVED FURTHER, That the Board of Supervisors has determined that the application for the Category 31 Special Exception for a community well system is not required and, therefore, is not approved as part of this resolution. 

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