F-65. - Kincheloe Local Agricultural and Forestal District (AF 2009-SP-001).

(a)

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

Owners	Fairfax County Tax Map Parcel Number	Acreage
Mary T. Kincheloe	85-4 ((1)) 10Z	43.89
	85-4 ((1)) 23Z	132.61
	85-4 ((6)) 02	5.00
	85-4 ((6)) 03	5.49
	85-3 ((2)) 18	5.00
	85-3 ((2)) 19	5.00
	85-3 ((2)) 20	5.00
	85-3 ((2)) 48	5.00
	85-3 ((2)) 49	5.00
	85-3 ((2)) 50	5.00
	85-3 ((2)) 51	5.00
	85-3 ((2)) 52	5.00
	85-3 ((2)) 53	5.00
John T. Kincheloe	85-4 ((1)) 1Z	7.71
	85-4 ((1)) 20Z	5.54
	85-4 ((1)) 21Z	5.80
	85-4 ((1)) 22Z	5.80
John T. Kincheloe, Trustee	85-1 ((6)) 02	5.00
	Total:	261.88

 

(b)

The Kincheloe Local Agricultural and Forestal District is established effective May 18, 2009, 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, or to prevent the construction of one 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)

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 (8) years from the date of adoption of the original ordinance.

(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 Section 58.1-3230 et seq. of the Virginia Code, 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 Conservation Plan dated February 9, 2009, for the life of the Kincheloe Local Agricultural and Forestal District. The Soil and Water Conservation Plan may be updated from time to time as determined necessary by the Soil and Water Conservation District.

(6)

The applicants shall implement and abide by the recommendations of the Forest Management Plan dated February 26, 2009 for the life of the Kincheloe Local Agricultural and Forestal District. The Forest Management Plan may be updated from time to time as determined necessary by the State Forester. If the applicants choose to harvest the timber on the lands within the Kincheloe II Agricultural and Forestal District, such harvesting shall be in coordination with the State Forester so that special techniques designed to protect water quality may be utilized.

(7)

Those areas delineated as Environmental Quality Corridors (EQCs) shall 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 Urban Forester. The boundaries of the EQC shall be the permanent limits of clearing and grading for the life of the Kincheloe Local Agricultural and Forestal District (see Attachment A).

(8)

The Cultural Resource Management and Protection Division (CRMP) 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 CRMP shall be conducted only with prior permission of the property owner and at terms mutually acceptable to both parties and established before each occurrence.

(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 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. (32-09-F-65.)