F-68. - Armstrong Local Agricultural and Forestal District (AR 2010-SP-001).

(a)

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

Owner	Fairfax County Tax Map Parcel Number	Acreage
Charles and Katherine Armstrong	95-3 ((1)) 8A	40.0

 

(b)

The Armstrong Local Agricultural and Forestal District is established effective February 20, 2018, 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 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 must implement and abide by the recommendations of the Soil and Water Quality Conservation Plan, prepared by the Northern Virginia Soil and Water Conservation District (NVSWCD) on October 29, 2017 for the life of the Armstrong Local Agricultural and Forestal District. The Soil and Water Plan may be updated from time to time as determined necessary by the Northern Virginia Soil and Water Conservation District (NVSWCD).

(6)

The applicants must implement and abide by the recommendations of the Forest Management Plan dated October 14, 2010, for the life of the Armstrong 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 Agricultural and Forestal District, such harvesting must be in coordination with the State Forester so that special techniques designed to protect water quality may be utilized.

(7)

Those areas delineated by the Department of Planning and Zoning as Environmental Quality Corridors (EQC), Attachment A, 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 must be the permanent limits of clearing and grading for the life of the Armstrong Local Agricultural and Forestal District.

(8)

The applicants will follow the request of the Fairfax County Park Authority Memorandum dated November 16, 2017, to conduct a Phase 1 survey if the property ever undergoes development.

(9)

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 must 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.

(10)

The establishment and continuation of this district depends upon the continuing legality and enforceability of each of the terms and conditions stated in the 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.

(34-10-F-68; 04-18-F-68.)

(34-10-F-68; 04-18-F-68.)