E-7. Kincheloe Statewide Agricultural and Forestal District (AF 2013-SP-001)


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  • (a) The following parcel of land situated in the Springfield District, and more particularly described herein, is hereby included in the Kincheloe Statewide Agricultural and Forestal District:

    Owner Fairfax County Tax Map Parcel Number Acreage
    John T. Kincheloe, Trustee 85-1 ((6)) 2Z 5.00 acres
    Mary T. Kincheloe, Trustee 85-1 ((6)) 1 5.00 acres
    85-1 ((6)) 4 5.00 acres
    85-3 ((2)) 18Z 5.00 acres
    85-3 ((2)) 19Z 5.00 acres
    85-3 ((2)) 20Z 5.00 acres
    85-3 ((2)) 48Z 5.00 acres
    85-3 ((2)) 49Z 5.00 acres
    85-3 ((2)) 50Z 5.00 acres
    85-3 ((2)) 51Z 5.00 acres
    85-3 ((2)) 52Z 5.00 acres
    85-3 ((2)) 53Z 5.00 acres
    85-4 ((6)) 2Z 5.00 acres
    85-4 ((6)) 3Z 5.49 acres
    Mary T. Kincheloe & John T. Kincheloe, Trustees 85-4 ((1)) 10Z 43.86 acres
    85-4 ((1)) 23Z 132.61 acres
    John T. Kincheloe 85-4 ((1)) 20Z 5.55 acres
    85-4 ((1)) 21Z 5.81 acres
    85-4 ((1)) 22Z 5.81 acres
    85-3 ((1)) 6Z 36.01 acres
    85-4 ((1)) 1Z 7.72 acres
    Jean Nelson Kincheloe Swim 85-3 ((1)) 5Z 30.84 acres
    13219 Yates Ford Rd., LLC 85-3 ((1)) 7Z 35.60 acres
    Total: 374.29 acres

     

    (b) The Kincheloe Statewide Agricultural and Forestal District is established effective July 9, 2013, pursuant to Chapter 43, Title 15.2 of the Code of Virginia and Chapter 114 of the Fairfax County Code and is therefore subject to the provisions of those Chapters and the following provisions:

    (1) The Kincheloe Statewide Agricultural and Forestal District shall be reviewed after a period of ten years from the date of establishment by the Board of Supervisors. The Board may by ordinance renew the district or a modification thereof for another ten-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.

    (2) No parcel included within the district shall be developed to a more intensive use than its existing use at the time of the adoption of the ordinance for ten years from the date of adoption of the district. This provision shall not be construed to restrict expansion of, or improvements to, the agricultural or forestal use of this land, or prevent the construction of additional houses within the district, where otherwise permitted by applicable law, for either land owner, a member of the owner's family or for a tenant who farms the land.

    (3) 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 ten years from the date of adoption of the original ordinance.

    (4) Land used in agricultural and forestal production within the agricultural and forestal district of statewide significance shall qualify for an agricultural or 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 Virginia Code, if the requirement for such assessment contained therein are satisfied.

    (5) The applicants shall implement and abide by the recommendations of the Soil and Water Conservation Plan dated April 8, 2013 for the life of the Kincheloe Statewide 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 Plans dated February 26, 2009 and August 5, 1988, for the life of the Kincheloe Statewide 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 this 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 Statewide Agricultural and Forestal District.

    (8) The Cultural Resource Management Division 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 Resource Management Division shall be conducted only with prior permission of the property owner and at terms mutually acceptable to both parties and establishment 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.

(46-13-E-7.)