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069-10Action: RE��LUT��N Vesting of Healih Department Approvals Periaixaing to Reserve Drainfield Areas BOARD OF SUPERVISORS: March 24, 2010 � APPROVED ❑DENIED WHEREAS, on February 24, 241(1 the Frederick County Board of Supervisors adopted changes to Chapter 161 ofthe Code ofFrederick County, Sewage Disposal and Sewers, that required 140% reserve drainfield areas; and WHEREAS, on February 24, 2fl10 the Frederick County Board of Supervisors acted to honor the approvals for health systems issued by the Virginia Department of Health (VDH) --Lord Fairfax Health District as of February 24, 2014; and WHEREAS, the Virginia Department ofHealth —Lord Fairfax Health Districi issues various levels of health system approvals that would be affected by the Board's desire to honor previously issued health system approvals. ND�V, THEREFORE, BE �` ®RDAINED by the Frederick County Board of Supervisors that the following actions will deem a property vested and enabled to continue to utilize a 54 percent reserve 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 of February 24, 2410 (this includes subdivision plats that have been signed by the VDH and show drainfield locations)., • Properties that submitted applications for onsite systems as of February 24, 20 i 0. 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 drainfield location. • Subdivisions chat 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 have received administrative denials from the VDH shall be vested so long as they satisfy the VDH within the specified time frame or by February 24, 2011, whichever comes first. Passed this 24th day of March, 2(i 10 by the following recorded vote: Richard C. Shickle, Chairman ��� Gary A. Lofton A, Gary W. ]Dave Ay �' Bill M. Ewing Aye Gene E. Fisher Ay � Charles S. DeHaven, Jr. Aye Christopher E. Collins AJ� A C4 Frederick County Adrr�inistrator PDRes. #OS -10 BQS Res. 9rOb9 --t0 COiJNT� �f �1�I��12.1C� l�epartme�t �� Planning and bevel ®p�nent Il�EM ®RAl�TDUIVI s4o�s6s -s�s� ta��: s�o�s�s -6�ss 7[`0: Frederick County Board of Supervisors L� From: Candice E. Perkins, AICP, Senior Plannerl.,s Subject: Chapter 161 and 165-- Clarification of Vesting Policies Date: 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 prirzzary 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 adapted 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 Healih (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 reaffrm 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 "Vestin 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 drainfield area. Since the February meeting staff has been working with the VDH to examine what properties are covered by the vesting policy. 1t has been determined that a number of sites fall within this vesting policy, including properties with certification letters, valid 1D7 l�Iorth Kent Street, Suite 2D2 ®Winchester, Virginia 22601 -SDDD Fzedezick County Board of 5uperazsors RE: Vesting Resolutions M�.rch 24, 2010 Pagc 2 construction. permits, lots That were approved by the VDH with a 50% reserve drainf eld (recorded plats and approved plats on record with the VDH), properties with applications and subdivisions submiited to the VDH by February 24, 2010 (properties /subdivisions 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 29�, 2010 would be vested and honored at the 50 percezzt reserve drainfield area criteria has been attached (titled "Vesting of Health Depar[7nent Apx�rovals Pertaining to Reserve Drainf�eld 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. �f the Board of Supervisors is satisfied with the provided vestiu� statements it would be appropriate to approve the attached_resolutions. Please do not hesitate to contact me if you have any questions. CEP /dlw S ®LU�ICI�i�T Vesting of Rural Areas Subdivision Sketch Plans Action: BOARD OF SUPERVISORS: March 24, 2010 ❑ .APPROVED ❑DENIED WHEREAS, on December 9, 2409 the Frederick County Board of Supervisors adopted changes to Chapter 165 — Zoning, of the Code of Frederick County for changes to the RA (Rural Areas) Zoning District to Implement 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 the rural areas subdivision sketch plan process; and WHEREAS, on February 24, 2010 the Frederick County Board of Supervisors adapted changes to Chapter 161 of the Code of Frederick County, Sewage Disposal and Sewers, that required a 100% reserve drainfield area; and WHEREAS, the Frederick County Board of Supervisors desires to honor properties chat had completed the rtu-ai areas subdivision sketch plan process as of December 9, 2009, vesting the sketch plan and its associated 50 %reserve drainfield areas. NOW, THEREFORE, SE YT ORDAINED by the Frederick County Board of Supervisors that properties that have completed the rural areas suMivision sketch plan process as of December 9, 2409 will be deemed vested and -will be permitted to utilize a 44 percent rural preservation lot size, the bonus Iot, and the 50 %reserve drainTzeld areas. Richard C. Shickle, Chairman Gary A. Lofton Gary W. Dove Gene E. Fisher Christopher E. Collins PDRes. #09 -10 Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator l�'IEN.i]]E�AlOTD1Ul To: Scott Fincham, Envirann�ental Health Manager, Lard Fairfax Health District t�`rozxr: Tahn R. Riley, County Administrator Subject: Chapter 161 -- Vesting P ©lacy for the Reserve Drainfield Requirement Date: March 23, 2010 Under the recently adopted Chapter lb1 {Sewage;,Disposal Systems) of the Code of Frederick County there is a requirement that all drainf elds.for- onsite sewage'systems have none- hundred- percent reserve drainfield in addition to a prua�cy drainfield (� 161- 201.03 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 f ©r reserve drainfields and which sites would not be vested and therefore be required to have a 100% reserve drainfield area. Sites that are vested are as follows: • Properties that, have received certification Ietiers or construction permits from the VDH as of Febru 24 2010. - ary • 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 dra:infield locations) • Properties that., submitted 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 �ancl no larger vested. • Subdivision plats that have beerz'recorded {as of February 24, 2010) and were signed by the Zoning Administrator acid the VDH and show a drainf eld location. • Subdivisiors.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 ar they will be deemed void arid. 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 SO% reserve drainfield area (these properties are an record with the Departixient of Flanning & Development). • Properties that have received administrative denials from the VDH shall be vested sa long as they satisfy the VDH within the speeif ed time frame or by February 24, 2011, whichever comes first. Sites that would not be vested are as follows: • Anything received after February 24, 2010. Chapter 1 b 1 -- Vestinb Page 2 March 23, 2610 • Approvals for onsite systems or construction permits that have expired.. • Permits for onsite systems that have received denials from the VDH. • Subdivisions or applications for ansite systems not completed by February 24, 2011. • 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 3RR/CEP