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068-10,�; = s :.� Vesting of Rural Areas Subdivisi ©n Sketch Flans Action; BOARD OF SUPERVISORS: March 24, 2010 �I APPROVED � DEl`�TIED WHEREAS, on December 9, 2009 the Frederick County Board of Supervisors adopted changes to Chapter 165 — Zoning, of the Cade of Frederick County for changes to the RA (Rural Areas} Zoning District to Irrrplerrrent the Rural Areas Report and Recommendations. Following the adoption of the RA Zoning District ordinance revisions, the Board of Supervisors adopted a vesting statement that honored the 40 percent rural preservation lot size and the preservation tract `bonus' lot for those properties that had completed ilre rural areas subdivision sketch plan process; and WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors adopted changes to Chapter 161 of the Code of Frederick County, Sewage Disposal and Sewers, that required a 100 °f° reserve drainfeld area; and WHEREAS, the Frederick County Board of Supervisors desires to honor properties that had completed the rural areas subdivision sketch plan process as of December 9, 2009, vesting the sketch plan and its associated 50 °!a reserve drainfreld areas. NOW, THEi2EFORE, BE ZT OI.tDAlNED by the Frederick County Board of Supervisors that properties that have completed the rural areas subdivision sketch plan process as of December 9, 2009 will be deemed vested and will be perr7ritCed to utilize a 40 percent rural preservation lot size, the bonus lot, and the 50 %reserve drainfield areas. Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary 'W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye e �� �.�/ T `hn Riley; .Ir. rick County Administrator P�Res. #fl9 -10 SOS Res. ��068 -10 COUNTY of P�DE�IC� I)epartrnent of Planning and Deve[oprnent MEMORANDUM 540/ 665 -5651 �`AX: 540!665 -6395 To: Frederick County Board of Supervisors �� From: Candice E. Perkins, AICP, Senior Planner���� Subject: Chapter 161 and 155— Clarification of Vesting Policies Aate: March 24, 2010 On December 9, 2009 the Frederick County Board of Supervisors adopted changes to Chapter 165 �- Zoning, for changes to the RA (Rural Areas) Zoning District to implement the Rural Areas Report and Recommendations. The primary changes associated with this ordinance amendment were an increase in the rural preservation lot size and elimination of the bonus lot provision. With the approval of this ordinance amendment the Board adopted a vesting statement that honored the 40 percent rural preservation lot size and the bonus lot for those properties that had completed the rural areas subdivision sketch plan process. On February 24, 2010 the Frederick County Board of Supervisors adopted changes to Chapter 161 — Sewage Disposal and Sewers. One of the changes to Chapter 161 involved a requirement fora 100 percent reserve drainfield area. With the approval of this ordinance amendment the Board adopted a vesting statement that honored all sites that had submitted applications to the Virginia Department of Health (VDH }. It has been expressed to staff that sites that had completed the rural areas subdivision sketch plan process as of December 9, 2009 should also be vested with a 50 percent drainfield area. A resolution to clarify and reaffirm the Board's expectation that rural areas subdivision sketch plans that have completed the review process should be vested in terms of the 40 percent preservation tract, bonus lot credit, and be enabled to utilize a 50 percent reserve drainfield has been attached (titled "Vesting of Rural Areas, Subdivision Sketch Plans, Staff has also been made aware of concerns regarding what properties were vested with the approval of the revisions to Chapter 161. At the February 24, 2010 meeting the Board of Supervisors vested sites that have received Virginia Department of Health (VDH) approval as well as sites that had submitted applications to the VDH as of February 24, 2010 with a 50% reserve drainf eid area. Since the February meeting staff has been working with the VDH to examine what properties are covered by the vesting policy. It has been determined that a number of sites fall within this vesting policy, including properties with certification letters, valid 107 l� ®rth Kept Street, Suiie 202 �Vir�chester, Virginia 22601 -5000 Frederick Couniy Board of Supervisors RE: Vesting Resolutions March 24, 2010 Page 2 construction permits, lots that were approved by the VDH with a 50% reserve drainfield (recoxded plats and approved plats on record with the VDH), properties with applications and subdivisions submitted to the VDH by February 24, 2010 (propertieslsubdivisians have until February 24, 2011 to complete the process and receive approval), and properties that had received administrative denials from the VDH shall be vested so long as they satisfy the VDH with the specified time frame. A resolution to clarify and reaffirm the Board's vesting position of February 24, 2010 that health system approvals issued by the VDH as of February 24, 2010 would be vested and honored at the 50 percent reserve drainf"ield area criteria has been attached titled " Vestin of Health Department Approvals Pertaining to Resezve Drainfield Areas ". Also attached is a copy of the draft memorandum that would be provided to the VDH advising of the new County drainfield requirement and its vesting position. This memorandum is the correspondence to the VDH reflecting the Board's vesting intensions pertaining to 50 percent reserve drainfields. If the Board of Supervisors is satisfied with the provided vesting statements it would be appropriate to approve the attached resolutions. Please do not hesitate to contact me if you have any questions. CEPldlw Action: RESOLUTION Vesting of Health Department Approvals Pertaining to Reserve Drainfield Areas BOARD OF SUPERVISORS: March 24, 2010 ❑ APPROVED ❑DENIED WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors adopted changes to Chapter 161 of the Code of Frederick County, Sewage Disposal and Sewers, that required 100% reserve drainfield areas; and WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors acted to honor the approvals for health systems issued by the Virginia Department of Health {VDH) —Lard Fairfax Health District as of February 24, 2010; and WHEREAS, the Virginia Department ofHealth —Lard Fairfax Health District issues vazious levels of health system approvals that would be affected by the Board's desire to honor previously issued health system approvals. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the following actions will deem a property vested and enabled to continue to utilize a 50 percent reser<�e drainfield area: • Properties that have received certification letters or construction permits from the VDH as of February 24, 2010. • Properties that have received approvals for their onsite systems from the VDH as ofFebruary 24, 2010 (this includes subdivision plats that have been signed by the VDH and show drainfield locations }. • Properties that submitted applications far onsite systems as of February 24, 2010. Applications must be completed and approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Subdivision plats that have been recorded (as of February 24, 2010) and were signed by the Zoning Administrator and the VDH and show a draianfield location. • Subdivisions that have been submitted to the VDH as of February 24, 2410. Subdivisions must be completed and approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Properties that have received administrative denials from the VDH shall be vested so long as ti'iey satisfy the VDH within the specified time frame or by February 24, 2011, whichever comes first. Passed this 2�lth day ref March, 2010 by the following recorded vote: Richard C. Shickle, Chairman Crary A. Lofton Gary W. Dove Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. #08 -10 1'VIEMORAND�UM To: Scott Fincham, Environmental Health Manager, Lord Fairfax Health District From: .iohn R. Riley, County Administrator Subject: Chapter 161— Vesting Policy for the Reserve Drainfield Requirement Date: March 23, 2010 Under the recently adopted Chapter 161 (Sewage Disposal Systems) of the Cade of Frederick County there is a requirement that all drainfields, for onsite sewage systems have aone- hundred- percent reserve drainfield in addition to a primary drainfield {§ 161201.03 Requirements of onsite sewage systems). The purpose of this' memorandum is to outline which sites would be vested under the current Virginia Department of Health {VDH) minimum standard for reserve drainfrelds and which sites would not be vested and tkierefore be required to have a 100 ° /a xeserve drainfield area. Sites that are vested are as follows: • Properties that have received certifrcation letters or construction permits from the VDH as of February 24, 2010. • Properties that' have received approvals'. for their onsite systems from the VDH as of February 24, 2010 (this includes subdivision plats that have been signed by the VDH and show grainfield locations). , • Properties that submi�teg applications for onsite systems as of February 24, 2010. Applications must be completed and approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Suladvision plats than have been recorded {as of February 24, 2010) and were signed by the Zoning Administrator -and the VDH and show a drarnfield location. • Subdivisions :that have been submitted to the VDH as of February 24, 2010. Subdivisions must be completed and, approved by the VDH by February 24, 2011 or they will be deemed void and no longer vested. • Properties that had completed the rural areas subdivision sketch plan process as of December 9, 2009, vesting the sketch plan and its associated 50% reserve grainfield area (these properties are on record with the Department of Plamaing &Development). • Properties that have received administrative denials from the VDH shall be vested sa long as they satisfy the VDH within the specif ed time frame or by February 24, 2011, whichever comes first. Sites that would not be vested are as faliows: • Anything received after February 24, 2010. Chapter 161 � Vesting Page 2 March 23, 2010 • Appxovals for onsite systems or construction permits that have expired. • Permits for onsite systems that have received denials from the VDH. • Subdivisions or applications for onsite systems not completed by February 24, 201 1. • Existing lots of record that were not originally recorded showing a site for an onsite system approved by the VDH, Please do not hesitate to contact me if you have any questions. JRR/CEP