F-52. Bierly Local Agricultural and Forestal District (AR 98-S-001)  


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  • (a) The following parcels of land situated in the Springfield District, and more particularly described herein, are hereby included in the Bierly Local Agricultural and Forestal District:

    Owners Fairfax County Tax Map
    Parcel Number
    Acreage
    Edith Bierly 106-1 ((3)) 09Z 6.73 acres
    106-1 ((1)) 14Z 10.00 acres
    106-1 ((1)) 16Z 0.51 acres
    106-1 ((3)) 10Z 4.13 acres
    106-1 ((3)) 18Z 2.80 acres
    Total: 24.17 acres

     

    (b) The Bierly Local Agricultural and Forestal District is established effective January 28, 2008 pursuant to Virginia Code Chapter 44, Title 15.2 and Chapter 115 of the Fairfax County Code and is therefore subject to the provisions of those Chapters and the following provisions:

    (1) 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 constructed to restrict expansion of or improvements to the agricultural and forestal use of the land.

    (2) 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) Land used in agricultural and forestal production within the agricultural and forestall district of local 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 Virginia Code Section 58.1 et seq., if the requirements for such assessment contained therein are satisfied.

    (4) The district shall be reviewed by the Board of Supervisors at the end of the eight-year period and 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) The applicants shall implement and abide by the recommendations of the Soil and Water Conservation Plan dated July 23, 2007, for the life of the Bierly Local 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 Plan dated September 25, 2007, for the life of the Bierly Local 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) 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 shall 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.

    (8) The 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 established before each occurrence. (34-06-F; 09-08-F-52.)