F-20. - Middleton Farms Local Agricultural and Forestal District (AR 86-C-001).  


Latest version.
  • (a)

    The following parcel of land situated in the Hunter Mill District, and more particularly described herein, is hereby included in the Middleton Farms Local Agricultural and Forestal District:

    Owner Fairfax County Tax Map Parcel Number Acreage
    Harry M. Middleton, Jr. 25-3((1))13 92.35
    Rebecca A. Middleton

     

    (b)

    The Middleton Farms Local Agricultural and Forestal District is renewed effective May 9, 1994, pursuant to Code of Virginia, Chapter 36.1, Title 15.1, and Chapter 115 of the Fairfax County Code and is therefore subject to the provisions of those Chapters and the following provisions:

    (1)

    No parcel included within the district shall be developed to a more intensive use than its existing use at the time of adoption of the ordinance establishing this district for eight (8) years from the date of adoption of such ordinance. This provision shall not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land or to prevent the construction of one (1) additional house within the district, where otherwise permitted by applicable law, for either an owner, a member of an owner's family or for a tenant who farms the land.

    (2)

    No parcel added to an already established district shall be developed to a more intensive use than its existing use at the time of addition to the district for eight (8) years from the date of adoption of the original ordinance.

    (3)

    Land used in agricultural and forestal production within the Agricultural and Forestal District of local significance shall automatically qualify for an agricultural or forestal value assessment on such land pursuant to Chapter 4, Article 19 of the Fairfax County Code and to Code of Virginia, Section 58-769.4 et seq., if the requirements for such assessment contained therein are satisfied.

    (4)

    That the district shall be reviewed by the Board of Supervisors at the end of the eight-year period. No owner of land shall be included in any Agricultural and Forestal District of local significance without such owner's written approval.

    (5)

    As determined by the Virginia Department of Forestry after consultation with the County's Urban Forestry Branch of the Department of Environmental Management, the boundaries of the EQC shall be permanent limits of clearing and grading for the life of the Middleton Farms Local Agricultural and Forestal District. No activities may be permitted in the EQC except for the removal of dead, dying and diseased vegetation as determined by the Virginia Department of Forestry after consultation with the County's Urban Forestry Branch.

    (6)

    The applicant shall implement and abide by the recommendations of the Forest Management Plan which was prepared by the Area Forester on February 16, 1994, for the life of the Middleton Farms Local Agricultural and Forestal District. The Forest Management Plan may be updated from time to time as determined necessary by the Area Forester.

    (7)

    The applicant shall 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 on January 24, 1994, for the life of the Middleton Farms Local Agricultural and Forestal District. The Soil and Water Conservation Plan may be updated from time to time as determined necessary by the Northern Virginia Soil and Water Conservation District.

    (8)

    The applicant shall consult with the Fairfax County Fire and Rescue Department within sixty (60) days of the renewal of the Middleton Farms Local Agricultural and Forestal District regarding the development of a maintenance and inspection plan for the two (2) existing gasoline tanks. The recommended guidelines of the Fire and rescue Department shall be implemented for the life of the Middleton Farms Local Agricultural and Forestal District.

    (9)

    The Heritage Resources Branch of the Office of Comprehensive Planning shall be permitted to survey the property and to recover artifacts from the property for the life of the Middleton Farms Local Agricultural and Forestal District. Surveys and other similar activities of the Heritage Resources Branch shall 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.

    (10)

    The establishment and continuation of this district depends upon the continuing legality and enforceability of each of the terms and conditions stated herein. This district may in 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 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 or condition hereof invalid, illegal or unenforceable. The reconsideration shall be in accordance with procedures established by the Board of Supervisors and communicated to the property owner and shall include an opportunity for the property owner 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.

    Note: The Middleton Farms Local Agricultural and Forestal District was established by the Board of Supervisors on June 23, 1986. (27-86-F; 22-94-F.)