F-63. - Fink-Butler Local Agricultural and Forestal District (AF 2007-SU-001).

(a)

The following parcels of land situated in the Sully District, and more particularly described herein, are hereby included in the Fink-Butler Local Agricultural and Forestal District:

Owners	Fairfax County Tax Map Parcel Number	Acreage
Lisa Fink-Butler	064-3((1))13A	3.90 acres
(Executor of Estate of	064-3((1))14A	7.77 acres
Juanita F. Smith)	064-3((1))20A	16.98 acres
	Total:	28.66 acres

 

(b)

The Fink-Butler Local Agricultural and Forestal District is established effective October 15, 2007 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)

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 (8) years from the date of adoption of such ordinance. This provision shall not be constructed to restrict expansion of or improvements to the agricultural and forestal use of 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 forestall district of local significance shall qualify for an agricultural or forestal value assessment on such land pursuant to Chapter 4. .Article 19 of the Fairfax County Code and to Section 58.1 et seq. of the Code of Virginia, of the requirement for such assessment contained therein are satisfied.

(4)

The district shall be reviewed by the Board of Supervisors at the end of the eight-year period and 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 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 and executed on August 17, 2007, for the life of the Fink-Butler (Former Smith) 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.

(6)

The applicants shall implement and abide by the recommendations of the Forest Management Comments which was prepared by the Area Forester on September 25, 2007, for the life of the Fink-Butler (Former Smith) 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 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 shall be in accordance with procedures established by the Board of Supervisors and communicated to 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.

(8)

Those areas delineated as Environmental Quality Corridors (EQCs) shall be left undisturbed and the boundaries of the EQC shall be the permanent limits of clearing and grading for the life of the Fin-Butler Local Agricultural and Forestal District. There shall be no new structures or clearing and grading permitted in the EQC.

(9)

The CRMPS of the Fairfax County Park Authority shall be permitted to survey the property and to recover artifacts from the property. Surveys and other similar activities of the CRMPS shall be conducted only with prior permission of the property owner and in accordance with terms mutually acceptable to both parties and established before each occurrence.

(10)

Areas located in the flood plain of Cub Run shall be allowed to naturally regenerate into forest land by discontinuing the mowing of these areas, as recommended by the Forest Management Plan. (40-07-F-63.)