051-04
BOARD OF SUPERVISORS
A RESOLUTION APPROVING VOLUNTARY SETTLEMENT AGREEMENT
BETWEEN THE COUNTY OF FREDERICK, VIRGINIA AND THE TOWN OF
STEPHENS CITY, VIRGINIA
WHEREAS, the County of Frederick and the Town of Stephens City have negotiated a
Voluntary Settlement pursuant to Chapter 34, Title 15.2 of the Virginia Code; and
WHEREAS, such Voluntary Settlement provides for (i) the annexation of certain
territory ofthe County to the Town, (ii) the development of the annexation areas according to a
jointly approved Land Use Plan, (iii) the grant of immunity of the County from annexation for a
period of fifteen (15) years, and (iv) the transfer of certain cash proffers received by the Town to
the County; and
WHEREAS, the Board of Supervisors of Frederick County and the Town Council of the
Town of Stephens City have caused a Notice of this meeting to be published in a newspaper
having general circulation in the County and Town; and
WHEREAS, such notice contained a descriptive summary of the Voluntary settlement;
and
WHEREAS, it is the desire of the Board of Supervisors of Frederick County to adopt the
Voluntary Settlement Agreement and submit the name to the Commission on Local Government
for its review and recommendation as provided by Va. Code S 15.2-3400(3).
NOW, THERE FORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby ADOPT the Voluntary Settlement Agreement dated March 24, 2004,
between the County of Frederick and the Town of Stephens City, a copy of which is attached to
this Resolution as Exhibit A.
BE IT FURTHER RESOLVED, that the Chairman of the Board of Supervisors execute
such Voluntary Settlement Agreement in triplicate and that the County Administrator transmit
the same to the Town for signature by the appropriate parties of the Town of Stephens City.
BE IT FURTHER RESOLVED, that Special Counsel for Frederick County take all
steps necessary to have the Voluntary Settlement Agreement reviewed by the Commission on
Local Government as provided by and pursuant to Va. Code S 15.2-3400 and 15.2-903(4)(h).
Adopted this 24th day of March, 2004 by the following recorded vote.
Richard C. Shickle Aye Gina A. Forrester Aye
Barbara E. Van Osten Aye W. Harrington Smith, Jr. A)TQ
Gary W. Dove Aye Lynda J. Tyler A)'p
Bill M. Ewing Ayp
Frederick Countys
Resolution No.: 051-04
VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE TOWN OF
STEPHENS CITY AND FREDERICK COUNTY
THIS AGREEMENT is made and entered into this the 24th day of March, 2004, and
executed in triplicate originals (each executed copy constituting an original) by and
between the TOWN OF STEPHENS CITY, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, and the COUNTY OF FREDERICK, VIRGINIA, a political
subdivision of the Commonwealth of Virginia.
WHEREAS, the Town and the County have reached this Agreement, pursuant to
Title 15.2, Chapter 34, of the Code of Virginia, (i) providing for the annexation of certain
territory of the County to the Town (ii) providing for the development of the annexation
areas in accordance with a jointly approved land use plan, (iii) providing for the grant of
immunity to the County from annexation for a period of 15 years, and (iv) providing for the
transfer of certain cash proffers received by the Town to the County.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Town and the County agree as follows:
SECTION 1
DEFINITIONS
The Town and the County hereto agree that the following words, terms, and
abbreviations as used in this Agreement shall have the following defined meanings, unless
the context clearly provides otherwise:
1.1. "Town" means the Town of Stephens City, Virginia.
1.2. "Town Council" means the Town Council of the Town of Stephens City,
Virginia.
1.3. "County" means the County of Frederick, Virginia.
1.4. "County Board of Supervisors" means the Board of Supervisors of the County
of Frederick, Virginia.
1.5. "Code" means the Code of Virginia (1950), as amended. A reference to a
specific Code provision shall mean that Code provision as it existed on the date of
execution of this Agreement, or any successor provision should the Code be amended
after execution of this Agreement.
1.6. "Commission" means the Commission on Local Government.
1.7. "Special Court" means the Special Three-Judge Court appointed by the
Supreme Court of Virginia pursuant to Title 15.2, Chapter 30, of the Code.
1.8. "Section" refers to the parts of this Agreement unless the context indicates
that the reference is to sections of the Code.
1.9. "Subsection" refers to the parts of this Agreement set out in the various
"Sections."
1.10. "Future Land Use Plan" refers to the written text outlining the future "land use
for the Phase I and Phase II Annexation Areas agreed to by the Town Council and the
County Board of Supervisors on July 9, 2003, and any or all amendments thereto mutually
agreed upon by the Town and the County.
1.11. "Future Land Use Map" refers to the map dated July 9, 2003, agreed to by
the Town and the County showing the future land use in the Phase I and Phase II
Annexation Areas by colored bubbles.
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SECTION 2
VOLUNTARY ANNEXATION
2.1. Phase I Annexation Area The Town and the County agree to the annexation
by the Town of certain County territory consisting of three (3) separate areas, collectively
referred to as "Phase I Annexation." Each area are described by metes and bounds on
attached Exhibit A and is depicted on the map attached as Exhibit B. The Phase I
Annexation Areas are generally described as follows:
(a) Area A ("Northern Area"): the area generally lying to the north of the existing
Town boundaries and to the west of Interstate 81, including approximately 255.acres of
land, more particularly described in Exhibit A.
(b) Area B ("Southern Area"): the area generally lying southwest of the existing
Town boundaries containing approximately 100 acres of land, more particularly described
in Exhibit A.
(c) Area C ("Interstate Area"): the small strip of land lying between the existing
boundaries of the Town and the western right-of-way of Interstate 81, containing
approximately 5 acres, more particularly described in Exhibit A.
2.2 Survey of Phase I Annexation Areas. The Town shall have prepared, at its
expense, a survey showing each of the Phase I Annexation Areas. The survey plat of the
Phase I Annexation Areas and a metes and bounds description of each of the Phase I
Annexation Areas shall be submitted to and filed with the Commission and the Special
Court appointed to affirm, validate and give full force and effect to this Agreement.
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2.3. Effective Date of Phase I Annexation. The Phase I Annexation provided for
in Subsection 2.1 of this Agreement shall become effective on the first day of the second
calendar month after entry of the Order by the Special Three-Judge Court appointed
pursuant to Va. Code 915.2-3400 to affirm, validate and give full force and effect to this
Agreement.
2.4. Extension of Municioal Services. The Town agrees that, upon the effective
date of the Phase I Annexation, the Town will extend its municipal services to the Phase
I Annexation Areas on the same basis and at the same level as such services are now or
hereafter provided to the areas within its current corporate limits where like conditions
exist. The Town and the County agree that the Special Court will have exclusive jurisdiction
to hear any dispute between the Town and the County with respect to the Town's
compliance with the provisions of this Subsection and agree that the County has standing
to pursue a declaratory judgment action with the Special Court to enforce the provisions
of this Subsection.
SECTION 3
LAND USE AND ZONING IN PHASE I ANNEXATION AREAS
3.1. Future Land Use. The Town and the County agree that the orderly
development of the Phase I Annexation Areas is in the best interest of both the Town and
the County. The Town and the County have agreed upon the Future land Use Plan
attached hereto as Exhibit C, and the Future Land Use Map (hereinafter "the Map),
attached hereto as Exhibit D. The Future Land Use Plan and Map depict the types of land
uses for the Phase I Annexation that the Town and the County have agreed are most
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appropriate for the reasonably near future. The Future Land Use Plan and Map are to
serve as a guide to future development as specified in Section 3 of this Agreement. The
Town and the County agree that immediately upon validation of this Agreement by the
Special Court to amend their respective Comprehensive Plans to incorporate the Future
Land Use Plan and Map into their respective Comprehensive Plans, if they have not
already done so. Nothing herein shall be construed to prohibit the Town and County, upon
mutual agreement, from repealing, modifying, or amending the Future Land Use Plan and
Map provided for herein.
3.2. Interim Zoning Classifications. The Town Council agrees to amend its zoning
ordinance to provide that, upon the effective date of the Phase I Annexation, each tax
parcel of land in the Phase I Annexation Areas shall be temporarily classified as part of the
Town's zoning district that is most comparable to the County's zoning district in which each
such tax parcel was located immediately prior to the Phase I Annexation. The Town and
the County agree that based upon the existing County and Town zoning districts, the most
comparable districts are as follows:
County Zoning District
RA Rural Areas
RP Residential Performance
R4 Residential Planned Community
R5 Residential Recreational Community
B1 Neighborhood Business
B2 Business General
B3 Industrial Transition
M1 Light Industrial
M2 Industrial General
EM Extractive Manufacturing
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Town Zoning District
Residential R-1
Residential R-3
Residential R-3
Residential R-2
Business B-1
Community Business B-2
Industrial 1-1
Industrial 1-1
Industrial 1-2
Industrial 1-2
3.3. Affirmation or Rezonina of Interim Zoning Classifications.
(a) Within six (6)months after the effective date of the Phase I Annexation, the
Town Council shall either (i) affirm the zoning districts established pursuant to Subsection
3.2, for the Phase I Annexation Areas, or (ii) reclassify one or more tax parcels in the
Phase I Annexation Areas to different Town zoning districts that substantially conform to
the Future Land Use Plan.
(b) After completing the herein referenced reclassification process, the Town
Council shall then have the full discretion and power to approve or disapprove any
rezoning requests, whether initiated by property owners or the Town itself. The Town
specifically agrees that it will only approve rezoning requests that substantially conform to
the Future Land Use Plan until the terms and conditions in Subsection 3.4 of this
Agreement are complied with.
(c) The Town and the County agree that existing Town zoning districts that
would substantially conform to the land use as shown on the Future Land Use Plan are as
follows:
Future Land Use Plan
Town Zoning District
Mixed Use
Industrial 1-1
Residential R-1
Residential R-1, R-2, or R-3
Business B-1 or
Community Business B-2
Business B-2 and/or
Residential R-3
Light Industrial/Manufacturing
Conservation/Open Space
Residential
Commercial/Office
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3.4. Future Land Use Constraints.
(a) The Town and the County agree that the obligations imposed on the Town
Council with respect to zoning and rezoning matters as reflected in Subsections 3.1, 3.2
and 3.3 shall remain in effect and the Town Council will specifically comply with such
Subsections until such time as 60% of the total acreage in the Phase I Annexation Areas
have developed.
(b) After the development of 60% of the total acreage in the Phase I Al1nexation
Areas, the Town Council shall have complete discretion to deal with all zoning and
rezoning matters within the Phase I Annexation Areas upon the merits of each zoning
application without reference to Subsections 3.1, 3.2 and 3.3.
(c) In determining whether 60% of the undeveloped acreage in the Phase I
Annexation Area has developed, the Town and the County agree that the calculation shall
include an examination of each tax parcel in the Phase I Annexation Areas to determine
if the tax parcel has developed since the effective date the Phase I Annexation.
(d) The Town and the County agree that the term "developed" as used in this
Agreement for the purpose of making the 60% calculation shall mean:
(1) The Town and the County agree that if a residential dwelling of any
kind is constructed upon any tax parcel in the Phase I Annexation Areas which contains
(5) acres or less, then that entire tax parcel shall be deemed developed.
(2) The Town and the County agree that if a residential dwelling of any
kind is constructed upon any tax parcel in the Phase I Annexation Areas which contains
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more than five (5) acres, then only five (5) acres of that tax parcel shall be deemed
developed.
(3) The Town and the County agree that any tax parcel in the Phase I
Annexation Areas that is exclusively in commercial or industrial use shall be deemed
developed in making the 60% calculation.
(4) The Town and the County agree that any tax parcel being used for
commercial or industrial activities on which agricultural operations or uses are also
occurring, including the planting and harvesting of crops or plant growth of any kind,
pasture, horticulture, silviculture, dairying, floriculture, or the raising of poultry and/or
livestock, then the portion (or acreage) of such tax parcel being put to such agricultural
uses shall be deemed undeveloped in making the 60% calculation.
(e) The Town and the County agree that any tax parcel or part of any tax parcel
used for public roads and highways or public facilities, or which lies in the 1 OO-year flood
plain shall be excluded from the total acreage in the Phase I Annexation Areas for the
purpose of making the 60% calculation.
SECTION 4
PHASE II ANNEXATION
4.1. Phase II Annexation Area. The Town and the County agree to the Phased
Annexation of County territory lying generally to the south of the existing Town corporate
limits and to the West of Interstate 81. This area is referred to as the Phase II Annexation
Area and is described by metes and bounds in Exhibit A and is depicted on .the map
attached as Exhibit B to this Agreement containing approximately 350 acres. The Phased
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Annexation by the Town shall occur in strict accordance with the terms and conditions set
out in Section 4 of this Agreement.
4.2. Survey of Parcels in Phase II Annexation Area. The Town shall have
prepared, at its expense, a survey showing the Phase /I Annexation Area. The survey plat
of the Phase II Annexation Area and a metes and bounds description of the Phase II
Annexation Area shall be submitted to and filed with the Commission and the Special Court
appointed to affirm, validate and give full force and effect to this Agreement.
4.3. Terms and Conditions of Annexation. The Town and the County agree that
the Town may annex any tax parcel or parcels in the Phase II Annexation Area by the
passage of an ordinance by a majority vote of the members elected to Town Council
provided one or more of the following terms and conditions are met:
(a) The tax parcel is deemed developed subsequent to the effective date of this
Agreement, as the term "developed" is defined in Subsection 3.4, or
(b) The County has issued a building permit for any such tax parcel or parcels
subsequent to the effective date of this Agreement; or
(c) An owner in the Phase II Annexation Area requests the annexation of a tax
parcel or parcels in the Phase /I Annexation Area to the Town subsequent to the effective
date of this Agreement; and
(d) The tax parcel or parcels referred to in Subsections 4.3 (a), (b) and (c) of this
Section that are to be annexed are either contiguous to the Town or contiguous to another
tax parcel that is contiguous to the Town;
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(e) In the event annexation is sought for a tax parcel or parcels that are not
contiguous to the Town but are contiguous to another tax parcel or parcels that are
contiguous to the Town, the tax parcel or parcels that are not contiguous to the Town must
meet the requirements of Subsections 4.3 (a), (b) or (c) of this Section. The contiguous
parcel shall also be annexed to the Town to insure that the Town remains a compact body
of land.
4.4. Complete Annexation of Phase II Annexation Area. When 60% of the acres
in the Phase II Annexation Area have developed as that term is defined in Subsection 3.4
of this Agreement, the Town may annex the remaining tax parcels within the Phase II
Annexation Area.
4.5. Conditions Precedent to the Town Annexing by Ordinance Pursuant to
Subsections 4.1. 4.2. 4.3. and 4.4 of this Agreement. The Town shall not pass any
ordinance to annex any territory in the Phase II Annexation Area unless and until:
(a) The Town provides the County written notice of its intent to adopt an
annexation ordinance for any tax parcel or parcels in the Phase II Annexation Area. Such
notice shall be delivered at least 60 days prior to the adoption of an annexation ordinance;
(b) The Town provides with the Annexation Notice to the County, (i) a metes and
bounds description, (ii) survey plat of the tax parcel or parcels to be annexed to the Town,
and (iii) a written statement of the Town's basis for annexing such tax parcel or parcels.
Such written statement should include reference to specific Subsections of this Agreement
that permit such annexation;
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(c) The County gives notice to the Town within such 60-day notice period that
it does not object to the annexation. The Town and the County specifically agree that in
the event the County objects to the annexation, the County will give written notice to the
Town (i) detailing its reasons for objecting to the proposed annexation and (ii) stating why
the County feels the proposed annexation is not in compliance with this Agreement. The
Town agrees that it will not pass any ordinance of annexation until such dispute between
the Town and the County has been resolved.
(d) The Town and the County further agree that should the County give notice
of its objection to the annexation, both the Town and the County shall have the standing
to immediately initiate a declaratory judgment action with the Special Court appointed to
affirm, validate and give full force and effect to this Agreement to determine if the noticed
proposed annexation is in accordance with this Agreement.
4.6. Effective Date of Annexation by Ordinance. The effective date of any
annexation that occurs pursuant to Section 4 of this Agreement shall be fixed or
established in the Annexation Ordinance and shall be no sooner than 30 days .after the
date of adoption of any Annexation Ordinance.
4.7. Extension of Municipal Services. The Town agrees that, upon the effective
date of any Phase II Annexation, the Town will extend its municipal services to the
particular Phase II Annexation tax parcel or parcels that are annexed to the Town on the
same basis and at the same level as such services are now or hereafter provided to the
areas within its current corporate limits where like conditions exist. The Town and County
agree that the Special Court will have exclusive jurisdiction to hear any dispute between
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the Town and the County with respect to the Town's compliance with the provisions of this
Subsection and agree that the County has standing to pursue a declaratory judgment
action with the Special Court to enforce the provisions of this Subsection.
SECTION 5
LAND USE AND ZONING IN PHASE II ANNEXATION AREA
5.1. Future Land Use. The Town and the County agree that the orderly
development of the Phase II Annexation Area is in the best interest of both parties. The
Town and the County have agreed upon the Future Land Use Plan attached hereto as
Exhibit C, and the Future Land Use Map (hereinafter "the Map"), attached hereto as Exhibit
D. The Future Land Use Plan and Map depict the types of land uses for the Phase II
Annexation Area that the Town and the County have agreed are most appropriate for the
reasonably near future. The Future Land Use Plan and Map are to serve as a guide to
future development as specified in Section 3 of this Agreement. The Town and the County
agree that immediately upon affirmation and validation of this Agreement by the Special
Court to amend their respective Comprehensive Plans to incorporate the Future Land Use
Plan and Map into their respective Comprehensive Plans if they have not already done so.
5.2. Interim Zoning Classifications. The Town Council agrees to amend its zoning
ordinance to provide that, upon the effective date of the annexation of any tax parcel or
parcels in the Phase II Annexation Area, each tax parcel or parcels annexed to the Town
shall be temporarily classified as part of the Town's zoning district that is most comparable
to the County's zoning district in which each such parcel was located immediately prior to
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a Phase II Annexation. The Town and the County agree that based upon the existing
County and Town zoning districts, the most comparable district are as follows:
Countv Zoning District
RA Rural Areas
RP Residential Performance
R4 Residential Planned Community
R5 Residential Recreational Community
B1 Neighborhood Business
B2 Business General
B3 Industrial Transition
M1 Light Industrial
M2 Industrial General
EM Extractive Manufacturing
Town Zoning District
Residential R-1
Residential R-3
Residential R-3
Residential R-2
Business B-1
Community Business B-2
Industrial 1-1
Industrial 1-1
Industrial 1-2
Industrial 1-2
5.3. Affirming or Rezoning of Interim Zoning Classifications.
(a) Within six (6) months after the effective date of a Phase II Annexation, the
Town Council shall either (i) affirm the zoning districts established pursuant to Subsection
5.2, for a Phase II Annexation; or (ii) shall reclassify one or more tax parcels of land in the
Phase II Annexation Area to different Town zoning districts that substantially conform to
the Future Land Use Plan.
(b) After completing the herein referenced reclassification process, the Town
Council shall then have the full discretion and power to approve or disapprove any
rezoning requests, whether initiated by property owners or the Town itself. The Town
specifically agrees that it will only approve rezoning requests that substantially conform to
the Future Land Use Plan until the terms and conditions of Subsection 5.4 of this
Agreement are complied with.
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(c) The Town and the County agree that existing Town zoning districts that
would substantially conform to the land use as shown on the Future Land Use Plan are as
follows:
Future Land Use Plan
Town Zonina District
Mixed Use
Industrial 1-1
Residential R-1
Residential R-1, R-2, or R-3
Business B-1 or
Community Business B-2
Business B-2 and/or
Residential R-3
Light Industrial/Manufacturing
Conservation/Open Space
Residential
Commercial/Office
5.4. Future Land Use Constraints.
(a) The Town and the County agree that the obligations imposed on the Town
Council with respect to zoning and rezoning matters as reflected in Subsections 5.1, 5.2
and 5.3 shall remain in effect and the Town Council will specifically comply with such
Subsections until such time as 60% of the original undeveloped acreage in the Phase II
Annexation Area has developed.
(b) After the development of 60% of the undeveloped acreage in the Phase II
Annexation Area, the Town Council shall have complete discretion to deal with all zoning
and rezoning matters within the Phase II Annexation Area upon the merits of each zoning
application without reference to Subsections 5.1, 5.2 and 5.3.
(c) In determining whether 60% of the acreage in the Phase II Annexation Area
is developed, the Town and the County agree that Subsections 3.4 (a), (b), (c), (d) and (e)
shall be followed and applicable to the 60% calculation in the Phase II Annexation Area.
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SECTION 6
WAIVER OF ANNEXA liON RIGHTS. IMMUNITY AND DEANNEXA TION
6.1. Waiver of Annexation Riahts. The Town and the County agree that for a
period of 15 years following the effective date of the Phase I Annexation, the Town waives
all its statutory rights to annex County territory and will not initiate, institute or support any
proceeding to annex territory of the County except (i) as specifically provided in Section 4
of this Agreement or (ii) any annexation that may be the result of a mutual agreement
between the Town and the County. It is the intent of the Town and the County that the
County be immune from any annexation to the Town for such 15-year period.
6.2. Citizen Annexation. In the event annexation proceedings are instituted by
property owners or qualified voters pursuant to 915.2-3203 of the Code or any statute
similar thereto, the Town agrees that it will not support such proceedings and, if requested
by the County, will oppose at no cost to the Town all such proceedings during the 15-year
immunity period. The Town specifically agrees not to provide any legal assistance,
engineering assistance, financial aid, or any other aid or assistance to property owners or
qualified voters petitioning for annexation pursuant to Va. Code 915.2-3203 of the Code.
6.3. Deannexation.
(a) The Town and the County agree that it is desirable to contract the
Town corporate limits by deannexing a small territory (Deannexation Area) in the northwest
part of the Town and south of Route 648.
(b) The Deannexation Area is described by metes and bounds description
on attached Exhibit A and is depicted on the map attached as Exhibit B.
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(c) The Town and County agree that the deannexation will take effect on
the same date as the effective date of the Phase I Annexation.
SECTION 7
CASH PROFFERS
7.1. Proffers. The Town and the County have both adopted conditional zoning
which permits landowners to offer cash proffers in connection with a rezoning application.
7.2. Payment of Cash Proffers. The Town and the County agree that the Town,
as part of its review of any rezoning application in the Phase I or Phase II Annexation
Areas, shall refer such application to the Frederick County Planning Department for its
review prior to action by the Town. The County Planning Department will compute the
capital facilities impact on the County of the zoning request as it relates to capital facilities
for schools, parks and recreation, and fire and rescue. This will allow the applicant for
rezoning in the Phase I or Phase II Annexation Areas to determine and submit proffers with
its zoning application to the Town to address such capital facilities impact. The Town and
the County agree that the Town will, upon receipt of cash proffers relating to a rezoning in
the Phase I or Phase II Annexation Areas, immediately pay and transfer to the County; (a)
100% of all proffers specifically designated by the rezoning applicant for school, fire, and
rescue facilities or purposes, and (b) 40% of all proffers designated for any other capital
facilities or purposes. However, nothing herein shall be construed to require the. Town to
payor transfer to the County any cash proffers, or any portion thereof, designated by the
rezoning applicant for any specific capital facility or project which will be the sole obligation
of the Town to construct or develop. Likewise, the Town will pay to the County the entire
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amount of any cash proffers designated for any specific capital facility or project which will
be the sole obligation of the County to construct or develop.
SECTION 8.
COMMISSION AND SPECIAL COURT APPROVAL
8.1. Commission Approval. The Town and the County agree to promptiy initiate
the steps necessary and required by Title 15.2, Chapter 34 of the Code to obtain review
of this Agreement by the Commission.
8.2. Special Court Approval. Following the issuance of the report of findings and
recommendations by the Commission, the Town and the County agree that they will take
all steps necessary and will submit this Agreement in its present form to a Special Court
for affirmation and validation and to give it full force and effect, as required by Title 15.2,
Chapter 34 of the Code.
8.3. Termination for Failure to Affirm and Validate and Give Full Force and Effect
to This Agreement. The Town and the County agree that if this Agreement is not affirmed,
validated and given full force and effect by the Special Court without modification, this
Agreement shall immediately terminate. However, the parties may waive termination by
mutually agreeing to recommended modifications by the Special Court.
SECTION 9.
MISCELLANEOUS PROVISIONS
9.1. Binding Effect. This Agreement shall be binding upon and inure to the benefit
to the Town and the County, and each of the future governing bodies of the Town and the
County, and upon any successor to either the Town or the County.
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9.2. Amendments. This Agreement may be amended, modified, or supplemented
in whole or in part, by mutual agreement of the Town and the County, prior to affirmation,
by a written document of equal formality and dignity, duly executed by the authorized
representatives of the Town and the County.
9.3. Enforceability. This Agreement shall be enforceable only by the Special
Court affirming, validating, and giving full force and effect to this Agreement or by a
successor Special Court appointed to pursuant to Title 15.2, Chapter 30 of the Code,
pursuant to a declaratory judgment action initiated by either of the parties hereto to secure
the performance of any provisions, covenants, conditions and terms contained in this
Agreement or the Order affirming, validating, and giving full force and effect to this
Agreement.
9.4. Standing. The Town and the County agree that each shall and does have
standing to enforce any of the provisions, covenants, conditions and terms of this
Agreement.
WITNESS the following signatures and seals:
TOWN OF STEPHENS CITY, VIRGINIA
By:
Mayor
ATTEST:
Town Clerk
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COUNTY OF FREDERICK, VIRGINIA
By:
Chairman of the Board of Super..risors
ATTEST:
Board Clerk
19
LEGEND,
Boundaries:
_ Stephens City
Town Boundary
_ Stephens City
Well Head Protection Area
_ Stephens City
SewerMlaler Service Area
Proposed Adjustments:
~
r--.
I__.J
Proposed land Uses
-
-
CJ
-
C1
-
--
.
Phase I Annexation Area
(360 Acres)
Phase II Annexation Area
(351 Acres)
Light Industrial/Manufacturing
(286 Acres)
ConservationlOpen Space
(252 Acres)
Medium Density Residential
(76 Acres)
Commercial/Office
(35 Acres)
Mxed Use
(61 Acres)
Proposed Bypass
Mioor Collector Road
New Interstate Interchange
TOWN OF
STEPHENS CllY,
VIRGINIA
This joint land use plan was
adopted by the Frederick County Board of
Supervisors on July 9, 2003
and by the Stephens City Town Council on
July 1, 2003.
o
,
"
W+E
s
SCALE:
2000
4000 Feet
This map was produced by
Frederick County Dept. of GIS
on July 2, 2003.