F-69. - Hickox Local Agricultural and Forestal District (AA 2012-SU-001).  


Latest version.
  • (a)

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

    Owners Fairfax County Tax Map Parcel Number Acreage
    Jon and Kim Hickox 53-3 ((7)) 0032 5.00 acres
    53-3 ((7)) 0033 5.00 acres
    64-1 ((4)) 007Z1 5.00 acres
    64-1 ((4)) 007Z2 5.00 acres
    64-1 ((4)) 007Z3 5.00 acres
    64-1 ((4)) 007Z4 5.94 acres
    64-1 ((7)) 0031 5.00 acres
    64-1 ((7)) 0034 5.00 acres
    64-1 ((7)) 0035 5.00 acres
    64-1 ((7)) 0036 5.00 acres
    64-1 ((7)) 0037 5.00 acres
    64-1 ((7)) 0038 5.00 acres
    64-1 ((7)) 0039 5.00 acres
    64-1 ((7)) 0040 5.00 acres
    64-1 ((7)) 0041 5.00 acres
    64-1 ((7)) 0042 5.00 acres
    Total: 80.94 acres

     

    (b)

    The Hickox Local Agricultural and Forestal District is established effective December 5, 2017 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 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 generally depicted on Exhibit A to these Provisions (dated December 5, 2017), and as remains in conformance with the approved Soil and Water Quality Management and Forest Management Plans 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 and Forest Management Plans 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, and continue to be, 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.

    (5)

    The applicants must implement and abide by the recommendations of the Forest Management Plan, which was prepared by the Virginia Department of Forestry (VADOF) on September 12, 2012, amended on August 19, 2015, and as may be amended in the future by VADOF, for the life of the Hickox Local Agricultural and Forestal District.

    (6)

    The applicants must implement and abide by the recommendations of the Soil and Water Conservation Plans, which were prepared by the Northern Virginia Soil and Water Conservation District (NVSWCD) on September 10, 2012 and amended on August 31, 2015, on April 17, 2017, and as may be amended in the future by NVSWCD, for the life of the Hickox Local Agricultural and Forestal District. The applicants must also, within one year of approval of this application, work with NVSWCD to develop supplemental plans to specifically address any recommendation designated as "critical" in said Soil and Water Quality Conservation Plan, to the satisfaction of NVSWCD.

    (7)

    Those areas delineated as Resource Protection Areas (RPAs) or Environmental Quality Corridors (EQCs) must be left undisturbed, with the exception of selective thinning operations and removal of noxious weeds and invasive species 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 VADOF. The boundaries of the RPA/EQC (see Exhibit B) are the permanent limits of clearing and grading for the life of the Hickox Local Agricultural and Forestal District.

    (8)

    The Cultural Resource Management and Protection (CRMP) Section of the Fairfax County Park Authority must be permitted to survey the property and recover artifacts. Surveys and other similar activities of the CRMP may be conducted only with prior permission of the property owner and at terms mutually acceptable to both parties 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/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.

    (10)

    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.

(34-12-F-69; 50-17-F-69.)