F-75. - DiBona (AF 2019-DR-002).

(a)

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

Owners	Fairfax County Tax Map Parcel Number	Acreage
Charles J. and Evelyn E. DiBona	013-2 ((1)) 9H	20.61
	013-2 ((1)) 7D	23.61
	013-2 ((1)) 7E	6
		Total: 50.22 acres

 

(b)

The DiBona Local Agricultural and Forestal District is established effective December 3, 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 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 Applicant will enhance the 35-foot-buffer around the pond by implementing the recommendations of the Northern Virginia Soil and Water Conservation District (NVSWCD) and meeting at yearly intervals or more frequently as may be determined by the NVSWCD, to ensure the success of the buffer. The Applicant will implement and abide by all other recommendations of the Soil and Water Quality Conservation Plan, prepared by the NVSWCD on August 26, 2019, for the life of the DiBona Local Agricultural and Forestal District. It will be the responsibility of the landowner/manager to contact the NVSWCD for plan revisions. This may occur when land use practices change, and/or new agricultural uses are added. Funding and technical assistance is available through the Virginia Conservation Assistance Program (VCAP).

(6)

The Virginia Forest Stewardship Management Plan, prepared by the State Forester on July 25, 2019, contains another approach to buffer enhancement and may be selected for implementation by the Applicant. Funding and technical assistance through Trees for Clean Water program is available should the State Forester's approach be chosen. Other funding sources for trees are listed on page 7 of Appendix 4. The Applicant will implement and abide by all other recommendations of the Virginia Forest Stewardship Management Plan for the life of the DiBona Local Agricultural and Forestal District. The Virginia Forest Stewardship Management Plan may be updated from time to time as determined necessary by the State Forester.

(7)

The Applicant will restore the areas where invasive trees were removed (currently covered with woodchips) to native meadow or forest. This will occur progressively over the eight-year term as regrowth of invasive trees, particularly autumn olive, is reduced over the first few years. The Applicant may work with the NVSWCD, the State Forester, or other professionals skilled in forest or meadow restoration.

(8)

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.

(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 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.

(10)

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. (43-19-F-75.)