F-16. Belmont Bay II Local Agricultural and Forestal District (AR 84-V-007-03)  


Latest version.
  • (a) The following parcel of land situated in the Mount Vernon District, and more particularly described herein, is hereby included in the Belmont Bay II Local Agricultural and Forestal District:

    Owner Fairfax County Tax Map Parcel Number Acreage
    EDH Associates 113-4 ((1)) 27z 114.99 acres

     

    (b) The Belmont Bay II Local Agricultural and Forestal District is established effective August 3, 2009, 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 shall 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 shall not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land, or to prevent the construction of one additional house within the district, where otherwise permitted 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 shall 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.

    (3) That land used in agricultural and forestal production within the agricultural and forestal district of local significance shall 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 shall 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 shall be included in any agricultural and forestal district of local significance without such owner's written approval.

    (5) As determined by the Virginia Department of Forestry (DOF) after consultation with the County's Urban Forestry Division of the Department of Public Works and Environmental Services, the boundaries of the Environmental Quality Corridor (EQC) shall be considered the permanent limits of clearing and grading for the life of the District (Map on File with the Department of Planning and Zoning.) No activities may be permitted in the EQC except for the following as determined by the DOF after consultation with the County's Urban Forestry Division:

    (a) Existing residential and agricultural uses including all pasture land, farm related buildings, residential structures, and surrounding yards. Additional residential and agricultural activities may be added provided that no clearing of the EQC is associated with such expansion;

    (b) The removal of dead, dying, or diseased vegetation; and

    (c) Mixed age forest management in accordance with the DOF guidelines for best management practices (BMPs) to provide water quality benefits and to minimize erosion may be performed provided that: (1) no disturbance or removal of any trees shall be permitted within the required area of undisturbed open space surrounding any bald eagle's nest as required by State and Federal regulation; (2) Any tree removal on steep slopes (15% or greater) shall be limited to the removal of dead and dying vegetation.

    This provision does not relieve the applicant from compliance with the Chesapeake Bay Preservation regulations. Prior to any removal of any vegetation within the EQC, the applicant shall submit to the DOF and the County's Urban Forestry Division for review and approval of the following information: (1) a plot sample timber cruise (inventory) for the area of tree removal which depicts the species and diameter distribution of existing marketable trees and identifying the portion thereof which is proposed to be removed; (2) the proposed access to the area of tree removal; and (3) forestry BMPs which provide water quality benefits and include erosion and sedimentation controls. The owner shall submit to inspections by the Virginia DOF and the County's Urban Forestry Division to ensure compliance with this provision.

    (6) The applicant shall implement and abide by the recommendations of the Forest Management Plan dated May 13, 2009, for the life of the Belmont Bay II Local Agricultural and Forestal District. The Forest Management Plan may be updated from time to time as determined necessary by the DOF.

    (7) The Heritage Resources Branch of the Fairfax County Park Authority shall be permitted to survey the property and recover artifacts from the property for the life of the Belmont Bay II Local Agricultural and Forestal District. Surveys and other similar activities of the Heritage Resources Branch shall be conducted only with the prior permission of the owners of the property and at terms mutually acceptable to both parties established before each occurrence. All surveys and other archaeological activities shall be conducted in a manner which protects the privacy of the sites and the property within the District. All prehistoric and historic artifacts which are found on the property may be loaned to the County for cataloging and study for a period of up to five years, and shall be returned to the property owner at the end of the five year period.

    (8) The applicant shall adhere to all applicable Federal and State Regulations (including the 1973d Endangered Species Act, as amended) regarding the protection of the known bald eagle nest on-site, and any other endangered species which may be present on-site as determined by the United States Fish and Wildlife Service and/or the Virginia Department of Game and Inland Fisheries. Should these agencies differ, the U.S. Fish and Wildlife Service shall take precedence.

    (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. (AF-84-V-007; 12-93-F; 16-01-F-16; 43-09-F-16.)