F-16. - Belmont Bay II Local Agricultural and Forestal District (AR 84-V-007-04).  


Latest version.
  • (a)

    The following parcel of land situated in the Mount Vernon District, and more particularly described herein, is hereby included in the Belmont Bay II Local Agricultural and Forestal District:

    Owner Fairfax County Tax Map Parcel Number Acreage
    EDH Associates 113-4 ((1)) 27Z 114.99 acres

     

    (b)

    The Belmont Bay II Local Agricultural and Forestal District is established effective January 23, 2018, pursuant to Chapter 44, Title 15.2 of the Code of Virginia and Chapter 115 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 establishing such district for eight years from the date of adoption of such ordinance. This provision may not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land, as represented on the application materials associated with this approval and as remains in conformance with the approved Soil and Water Quality Management Plan and Forest Management Plan for the property, or to prevent the construction of one additional house within the district, where otherwise permissible by applicable law, for either an owner, a member of an 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 eight years from the date of adoption of the original ordinance, subject to continued conformance with the approved Soil and Water Quality Management Plan and Forest Management Plan for the property.

    (3)

    That land used in agricultural and forestal production within the agricultural and forestal district of local 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 Virginia Code § 58.1-3230 et seq., 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 eight-year period and that it may by ordinance renew the district or a modification thereof for another eight-year period. No owner(s) of land may be included in any agricultural and forestal district of local significance without such owner's written approval.

    Additional Provisions

    (5)

    The applicants should continue to implement and abide by the recommendations of the Forest Management Plan, prepared by the Virginia Department of Forestry (VADOF) on August 29, 2017, and as may be amended in the future by VADOF, for the life of the Belmont Bay II Local Agricultural and Forestal District. If the applicants choose to harvest the timber on the lands within this Agricultural and Forestal District, such harvesting should be in coordination with the State Forester, to ensure that appropriate techniques designed to protect water quality are utilized.

    (6)

    Those areas delineated by the Department of Planning and Zoning as Environmental Quality Corridors (EQCs) must be left undisturbed, with the exception of selective thinning operations performed to enhance existing vegetation, and the removal of dead, dying and diseased vegetation, in accordance with the Forest Management Plan, and as approved by the VADOF. The boundaries of the EQC (see Exhibit A) are the permanent limits of clearing and grading for the life of the Belmont Bay II Local Agricultural and Forestal District.

    (7)

    The Cultural Resource Management and Protection (CRMP) Section of the Fairfax County Park Authority must be permitted to survey the property and recover artifacts from the property for the life of the Belmont Bay II Local Agricultural and Forestal District. Surveys and other similar activities of CRMP may be conducted only with the prior permission of the owners of the property and at terms mutually acceptable to both parties established before each occurrence. All surveys and other archaeological activities must be conducted in a manner which protects the privacy of the sites and the property within the District. All prehistoric and historic artifacts which are found on the property may be loaned to the County for cataloging and study for a period of up to five years, and will be returned to the property owner at the end of the five year period.

    (8)

    Prior to beginning harvesting activities, the applicant must consult with the United States Fish and Wildlife Service regarding the presence of endangered species on-site. The applicant must adhere to all applicable Federal and State Regulations (including the 1973 Endangered Species Act, as amended) regarding the protection of the known bald eagle nest on-site, and any other endangered species which may be present on-site as determined by the United States Fish and Wildlife Service and/or the Virginia Department of Game and Inland Fisheries. Should these agencies differ, the U.S. Fish and Wildlife Service will take precedence.

    (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 115 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.

    (10)

    The establishment and continuation of this district depends upon the implementation of each of the terms and conditions stated in this ordinance. This district may, at the sole discretion of the Board of Supervisors, be subject to reconsideration and may be terminated if such action is determined to be warranted by the Board of Supervisors upon determination that the terms and conditions stated in this ordinance are not being implemented. 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 115 of the County Code. (AF-84-V-007; 12-93-F; 16-01-F-16; 43-09-F-16; 03-18-F-16.)