F-5. - Cajoll Local Agricultural and Forestal District (AR 83-D-006-04)

(a)

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

Owners	Fairfax County Tax Map Parcel Number	Acreage
Cajoll Company	8-3((1))45Z	31.97
	8-3((1))50Z	5.0
	8-3((1))51Z	15.41
John W. Hanes II Trust	8-3((1))47Z1	5.0
	Total:	57.38

 

(b)

The Cajoll Local Agricultural and Forestal District is established effective October 18, 2016, pursuant to Chapter 44, Title 15.2 of the Virginia Code 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 shall 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 shall 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 Plans 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 shall 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 Plans for the property.

(3)

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

(5)

The applicants shall implement and abide by the recommendations of the Soil and Water Quality Management Plans, prepared by the Northern Virginia Soil and Water Conservation District (NVSWCD) on July 13, 2016 for the life of the Cajoll Local Agricultural and Forestal District. The Soil and Water Quality Management Plans may be updated from time to time as determined necessary by NVSWCD. The applicant shall also, within one year of approval of this application, work with NVSWCD to develop supplemental plans to specifically address all recommendations designated as "critical" in said Soil and Water Quality Conservation Plans, to the satisfaction of NVSWCD.

(6)

The Cultural Resource Management and Protection Division (CRMP) of the Fairfax County Park Authority shall be permitted to survey the property for historic resources, upon request, and to recover artifacts from the property, subject to terms mutually acceptable to both parties and established before each occurrence.

(7)

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 shall 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.

(8)

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 shall 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 shall 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. (32-84-A/F/A-0061; 6-92-F; 18-00-F; 59-08-F-5; 31-16-F-5.)