E-1. - Patowmack Farm Statewide Agricultural and Forestal District (AR 80-D-001-04).

(a)

The following parcel of land situated in the Dranesville District, and more particularly described herein, is hereby included in the Patowmack Farm Statewide Agricultural and Forestal District:

Owner	Fairfax County Tax Map Parcel Number	Acreage
Patowmack Farm, A Virginia Limited Partnership	3-4 ((1)) 2Z	.487 acres
	3-4 ((1)) 3Z	.490 acres
	2-2 ((1)) 6Z	2.226 acres
	3-3 ((1)) 1Z	30.842 acres
	3-1 ((1)) 3Z	216.162 acres
	3-1 ((1)) 4Z	207.106 acres
Edith's Log Cabin, LLC A Virginia Limited Liability Company	3-1 ((1)) 5Z	12.667 acres
_____
Total		Total 469.98 acres

 

(b)

The Patowmack Farm Statewide Agricultural and Forestal District is established effective January 22, 2019, pursuant to Chapter 43, Title 15.2 of the Code of Virginia and Chapter 114 of the Fairfax County Code and is therefore subject to the provisions of those Chapters and the following provisions:

(1)

That no parcel included within the district may be developed to a more intensive use than its existing use at the time of adoption of the ordinance renewing such district for ten years from the date of adoption of the renewal of such district. This provision may not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land or prevent the construction of additional houses within the district, where otherwise permitted by applicable law, for either land owner, a member of the owner's family or for a tenant who farms the land.

(2)

That no parcel added to an already established district may be developed to a more intensive use than its existing use at the time of addition to the district for ten years from the date of adoption of the ordinance to renew the district.

(3)

That land used in agricultural and forestal production within the agricultural and forestal district of statewide significance will automatically qualify for an agricultural and forestal value assessment on such land pursuant to Chapter 4, Article 19 of the Fairfax County Code and to Title 58.1, Section 32 of the Code of Virginia, if the requirements for such assessment contained therein are satisfied.

(4)

That the district will be reviewed by the Board of Supervisors at the end of the ten-year period and that it may by ordinance renew the district or a modification thereof for another ten-year period. No owner(s) of land may be included in any agricultural and forestal district of statewide significance without such owner's written approval.

Additional Provisions

(5)

The applicants should implement and abide by the recommendations of the Forest Management Plan, dated August 1, 2008, and as may be amended in the future by the Department of Forestry (DOF), for the life of the Patowmack Farm Statewide Agricultural and Forestal District.

(6)

The applicants should implement and abide by the recommendations of the Soil and Water Conservation Plan, which was prepared by the Northern Virginia Soil and Water Conservation District (NVSWCD) on October 24, 2018, and as may be amended in the future by NVSWCD, for the life of the Patowmack Farm Statewide Agricultural and Forestal District. The applicants must also, within one year of approval of this application, work with NVSWCD to develop supplemental plans to specifically address any recommendation designated as "critical" in said Soil and Water Quality Conservation Plan, to the satisfaction of NVSWCD.

(7)

The boundaries of those areas delineated as Resource Protection Areas (RPAs) or Environmental Quality Corridors (EQCs) must be left undisturbed, except for agricultural and other related activities consistent with the Conservation Plan and Forest Management Plan, and as approved by DOF and NVSWCD. The boundaries of the RPA/EQC (see attached map) are the permanent limits of clearing and grading, except for agricultural and related activities consistent with the Conservation Plan and Forest Management Plan, for the life of the Patowmack Farm Statewide Agricultural and Forestal District.

(8)

The Archaeology and Collections Branch (ACB) Section of the Fairfax County Park Authority may be permitted to survey the property and recover artifacts. Surveys and other similar activities of the ACB may be conducted only with prior permission of the property owner and at terms mutually acceptable to both parties established before each occurrence and only at such time as non-agricultural land-disturbing activities require appropriate permits. All artifacts will be the property of the owners of the land in the district, unless they are transferred to the ownership of ACB

(9)

The establishment and continuation of this district depends upon the continuing legality and enforceability of each of the terms and conditions stated in this ordinance. This district may, at the discretion of the Board of Supervisors, be subject to reconsideration and may be terminated if warranted in the discretion of the Board of Supervisors upon determination by a court or any declaration or enactment by the General Assembly that renders any provisions illegal or unenforceable. The reconsideration/termination will be in accordance with the procedures for the establishment, renewal, or amendment of an A & F District as outlined in Section 114 of the County Code and will include an opportunity for the property owner(s) to demonstrate that the determination by a court or the declaration or enactment by the General Assembly does not apply to the conditions of this district. (15-83-A/E; 12-88-1; 44-88-E; 1-99-E; 05-09-E-1; 01-19-E-1.)