F-74. - May Properties IV LLC (AF 2019-DR-001).

(a)

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

Owner	Fairfax County Tax Map Parcel Number	Acreage
May Properties IV LLC	07-3 ((1)) 1	50.30
	07-3 ((1)) 7	2.00
	07-3 ((1)) 8	7.58
	07-3 ((1)) 15A	6.38
	07-3 ((1)) 15C	2.37
		Total: 68.63 acres

 

(b)

The May Properties IV LLC is established effective October 15, 2019, 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)

That no parcel included within the district will 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 will not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land, as represented in the application materials associated with this approval and as remains in conformance with the approved Soil and Water Quality Conservation Plan for the property, or to prevent the construction of one (1) 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 will 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 Section 58.1-3230 et seq. of the Code of Virginia, 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 will be included in any agricultural and forestal district of local significance without such owner's written approval.

(5)

The Applicants will 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 May 10, 2019 for the life of the May Properties IV LLC Local Agricultural and Forestal District. It will be the responsibility of the landowner/manager to contact the NVSWCD for plan revisions. This may occur at expiration of the three-year nutrient management plan, when land use practices change, and/or new agricultural uses are added.

(6)

That the Applicant will be responsible for addressing any future deficiencies or adverse impacts to the human health and the environment related to the closure of the Crippen Stump Dump as may be determined by the Virginia Department of Environmental Quality (DEQ). The Applicant will abide by recommendations based on DEQ guidance, dated November 21, 2016, related to closure of the Crippen Stump Dump Landfill and the Revocation of the Solid Waste Permit (SWP) 317 (included in Appendix 1). The Applicants' responsibilities will be to:

A.

Inspect the cap periodically, no less than quarterly, and after major storm events for evidence of settlement, subsidence or erosion that could compromise the effectiveness of the final cover system. Repairs will be made as needed to the final cover system.

B.

Protect the integrity of the cap during all ground disturbing activities related to the property's intended agriculture use as well as during the design and implementation of any structures or facilities related to this use. This includes digging, tilling, and other soil preparation activities; fence or grapevine structure installation; the installation of related utilities including irrigation and/or electrical systems; and the construction of roads, parking areas, and/or other accessory structures or buildings.

C.

Inspect the cap for erosion related to grazing, should this area be used for animal pasture in the future.

D.

Inspect storm water conveyances, no less than quarterly, and after major storm events for evidence of erosion. Conveyances will be maintained including ditches and ditch lining, pipes, and storm water/sediment ponds.

E.

Ensure that any proposed building and other structures will be designed and built to prevent the accumulation of decomposition gasses.

F.

Maintain the survey plat and deed notation required by the Virginia Solid Waste Management Regulations (VSWMR) 9 VAC 20-81-160.D.5., in perpetuity with Fairfax County Land Records.

(7)

The parcels have moderate probability to contain historical archaeological sites, as well as Native American sites. The Applicant agrees to notify and grant access to Fairfax County Park Authority staff to conduct archaeological surveys in the event the house and grounds are to be disturbed.

(8)

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 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.

(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/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. (38-19-F-74.)