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Home My WebLink About56-05 Crooked Run Wastew. Reclam. - Wasterwater Treatment Plan - Opequon - Backfile (2)SITE PLAN TRACKING SHEET Date: /O File opened c a Reference Manual updated/number assigned S//o o — D-base updated File given to Renee' to update Application Action Summary CLOSE OUT FILE: 1 / oA r Approval (or denial) letter mailed to applicant/copy made for file LA c,- File stamped 'approved", 'denied" or "withdrawn" 1" Reference Manual updated l 14, 0S-- D�-base updated File given to Renee' for final update to Application Action Summary (,z, Lc,)k�lor MPRovEn U a,%Common',Tnd:m; aeetrSne Plan TMkmQ wpd Reaaed ov07103 i SITE PLAN APPLICATION CHECKLIST The checklist shown below specifies the information which is required to be submitted as part of the site plan application_ The Department of Planning & Development will review the application to ensure that it is complete prior to accepting it. If any portion of the application is not complete, it will be returned to the applicant(s). (1) One (1) set of approved comment sheets are required from each relevant review agency prior to final approval of a site plan. It is recommended that applicants contact the Department of Planning & Development to determine which review agencies' are relevant to their site plan application. A list of potentially relevant review agencies is shown below: Frederick County Department of Planning & Development Department of GIS (Geographic Information Services) ✓ Frederick County Sanitation Authority Frederick County Building Inspections Department r/ Frederick County Department of Public Works Frederick County Fire Marshal �— Frederick County Health Department X Frederick County Departm=1 of Parks & Recreation Virginia Department of Transportation (VDOT) '— City of W-Mchester k Town of Stephens City X Tourn of lAiddletown \_ Frederick County / Winchester Airport Authority L - "" (2) One (1) copy of the Site Plan application form. A (3) Payment of the site plan review fee. �—� (4) One (1) reproducible copy of the Site Plan (if required). Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 February 27, 2006 Eric R. Lawrence County of Frederick Planning & Development 107 N. Kent Street Winchester, VA 22601 Earl Sutherland Patton Harris Rust & Associates 117 Piccadilly Street, Suite 200 Winchester, VA 22601 Wellington H. Jones, P.E. Frederick County Sanitation Authority PO Box 1877 Winchester, VA 22604 Gentlemen: SUBJECT: CROOKED RUN WASTEWATER TREATMENT PLANT Please find, enclosed, a copy of a letter received by this office regarding the tax status of the Crooked Run Wastewater Treatment Plant. Please note that, at present, the Frederick -Winchester Service Authority is listed as the project owner. In checking with the Department of Environmental Quality regarding the permit for the Crooked Run facility, what I received showed that the permit was still held by the Wheatlands LLC. At this point, should we pursue having the permit transferred to the Frederick -Winchester Service Authority, or hold on that until such time that the plant is up and running? I would like your input, please. in erely, Jesse W. Moffett Executive Director Frederick -Winchester Service Authority JW M:ncg Enclosure (1) -7 o c -1AWm(a1N1N aNd Proomofl fAc VaEuas of f a 0oNyrr kmit tliro R eNvlroNNyeNtae StewardsAl W 1974 .g K9 Y N9 P COMMONWEALTH ®f VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE Preston Bryant 4411 Early Road, P.O. Box 3000, Harrisonburg, Virginia 22801 David K. Paylor Secretary of Natural Resources (540) 574-7800 Fax (540) 574-7878 Director www.deq.virginia.gov February 23, 2006 Ms. Sheila Wallace Virginia Department of Taxation Taxpayers Assistance Section P.O. Box 1880 Richmond, Virginia 23282 Re: Project Name: Crooked Run Wastewater Reclamation Facility Owner: Frederick -Winchester Service Authority Construction Co.: Patterson Construction Co., Inc. Dear Ms. Wallace: R. Bradley Chewning, P.E. Regional Director FE9 � 7 ,_;�6 In accordance with Article 5, Section 58.1-3660, Code of Virginia, the State Water Control Board certifies to the Department of Taxation that the enclosed letter dated February 17, 2006, describes property having been constructed, reconstructed, erected, or acquired in conformity with the state program or requirements for abatement or control of water pollution or contamination. If we may be of further assistance, do not hesitate to contact our office. Any further action or decision regarding this project is a matter for your office. Sincerely, r nt of Environmental Quality Enclosures cc: Patterson Construction Co., Inc. Frederick -Winchester Service Authority D. Wyvill/Correspondence File MEMORANDUM DEPARTMENT OF ENVIRONMENTAL QUALITY Valley Regional Office 4411 Early Road - P.O. Box 3000 Harrisonburg VA 22801 SUBJECT: Tax Exemption Request TO: Water Pen -nits Manager FROM: Jason R. Dameron X' DATE: February 23, 2006 COPIES: Patterson Construction Co., Inc. Frederick -Winchester Service Authority D. Wyvill/Correspondence File 1. Proposal Identification: Crooked Run Wastewater Reclamation Facility 2. Owner: Frederick -Winchester Service Authority 3. Has this proposal been submitted to the Board/Director for approval? Yes 4. If the answer to (3) is yes, has approval been received? Yes Date of approval: If the answer to (3) is no: Explanation: January 31, 2006 5. Do you believe you have sufficient information on the proposal to judge whether it is "pollution control equipment and facilities" in its entirety? Yes 6. In your opinion, does the proposal consist of "pollution control equipment and facilities" in its entirety? Yes If the answer to (6) is no: Explanation: 7. Did you receive a letter from the municipal STP saying that the equipment/facilities are consistent with their pretreatment program? Not applic. Patterson Construction Co., Inc. GeneralYMechanical Contractor February 17, 2006 DEQ PO Box 3000 Harrisonburg. Va. 22801 v Attention: Mr. Jason R. Dameron Re. Frederick County — Crooked Run Wastewater Reclamation Facility VPDES Permit VA0080080 Dear Mr. Dameron: As we have discussed by phone, Patterson Construction Co., Inc. requests a tax exemption certification for the referenced project. In accordance with your February 16, 2006 e-mail, the requested information is as follows: 1. Project Owner — The Project Owner is Frederick — Winchester Service Authority, 107 North Kent Street, Winchester, Virginia 22601. 2. Project Name — The Project Name on the Plans and Specifications is Crooked Run Wastewater Reclamation Facility. 3. Project Number — The Project Permit Number is VA0080080. 4. Brief description of Project Equipment and Materials— See the enclosed Attachment "A" of Mr. Loyd's January 31 2006 Letter of Authorization for a concise listing of the Project Facilities. 5. Date plans and specifications approved by DEQ or VDH — The enclosed letter from Mr. Loyd dated January 31, 2006 states that it is authorization to construct the project and the approval is valid for 5 years. 6. Anticipated project completion date — The anticipated date for substantial completion of the project to initially accept sewage is the week of June 18, 2006 and the estimated completion for the Start Up is the week of August 13, 2006, depending of the availability of sewage from the new homes to have sufficient quantities to Start Up and run the facility. A copy of our current bar chart schedule is enclosed. It is my understanding that the following equipment would not be included in the exemption because final approval is still pending: 1. Fan Press by Prime Solutions. 2. Solids Conveyor by Keystone. 3. Ultraviolet Disinfection Units by Wedeco. Please advise us if any further information is needed. Sincerely, R. W. Mott Project Manager 4806 Plank Road, Fredericksburg, VA 22407, 540-786-5645 Class A2705032726 COUA" ft"KEDERICK Department of PlanningIMI SWPment 540/ 65-5651 FAX: 540/ 665-6395 November 29, 2005 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Approval of Site Plan #56-05; Crooked Run Wastewater Reclamation Facility Property Identification Number (PIN): 87-A-103 Dear Ron: The Frederick County Department of Planning and Development administratively approved the above - referenced site plan on November 28, 2005. The site plan is approved for the construction of the new Crooked Run Wastewater Reclamation Facility on Crappie Lane, located within the Shenandoah Development off of Front Royal Pike (Route 522). The site consists of the following: • A landscape screen along part of the southern property line. • A 680sf control building with three parking spaces (one handicap accessible), a 540sf UV Disinfection area, a 1296sf solids processing building and a 630sf headworks building. • Sludge holding tanks and oxidation ditches. 1 am providing you with four copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, please advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on -site inspection. Do not hesitate to contact me if you have any questions or concerns. S'ncerely, t Candice E. Perkins, Planner 11 cc: Jane Anderson, Real Estate Patrick Barker, Economic Development Commission Bill Ewing, Opequon District Supervisor Rick Ours, Roger Thomas, Opequon District Planning Commissioner Frederick County Sanitation Authority, P.O. Box 1877, Winchester, VA 20604 Oxbridge Development at Shenandoah, LC, 600 Jefferson Plaza, Suite 550, Rockville, MD 20852 CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-50M % Nov 03 05 07:460 PHRR WINCHESTER 540-665-0493 P.1 !W Km S (- o s• ONE Patton Harris Rust & Associates Engineers. Surveyors, Planners. Landscape Architects. ly reet T)g .1 I \ nc ester 39 Not22601 F 540.665.0493 Fax Transmittal To: Ma rk Cheran 0 Organization/Company: FC Planning Fax Number: From: Ro. i Mislowsky Date: 11- 4-05 Project Name/Subject: She nandoah WWTP — Crooked RUn Internal Project File Number: Total Pages including cover: 4 A hard copy of this tax ❑ will ❑ will not be mailed to you: Comments: Mark, Here are the approvals from the ages rcies tasked with review of the site plan. Please find FCSA Inspections Fire Marshall Public Works has already issued the : and Disturbance permit VDOT is not involved Please le tme know when I can send ever sets for approval signature. Ron NOTE: This message is intended for the ise of the addressee and may contain information that is privileged and confidential If you are not the intended recipient, you are hereby notified that any dissemination of this cornmunication is strictly prohibited. If you receive this facsimile in error, please notify us immediately at the number above. Thank you. Nov 03 05 07:46p PHRR WINCHESTER • 540-665-0493 p•2 gilbert w. clifford & asp ociates a clvlsion of Patton Harris Rust & Associates,pc Engineare. Surveyors. Planners. Landecop Architects. P R—A 1t7 East Piccadilly Str set, Suite Z00 Winchester, Virginia 2 601 H T 540,667.2139 F 540.665.0493 To: organization/Company: Address: John Mlitacre FCSP P.O.:3ox 1877 Vt%inc fester, VA 22604 Telephone Number: Date: Octol >er 17, 2005 From: Ron ] ifislowsky Project Name/Subject: Croo: zed Run Wastewater Reclamation Facility Via: Internal Project File #: Quantity File # Olate Description Transmitted ® Herewith 2 Revised Site Plan ❑ under separate cover Material ❑ Originals A �� V,E4 /I( s &a7 ❑Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice • �Ll rG - SHT ❑ Sepia 57 ,gy/� / /off" D S Purpose ❑ Your use ❑ Your Files Notes: ® Approval 2 yo y D 5- ❑ Please Return: correcw Pora ❑ Please Submit: Revoed Pnns Received by: Date: Nov 03 05 07:46p PHRA WINCHESTER • 540-665-0493 p•3 • Fre:derR6 Control number Date received SP05-0065 9/16/2005 Project Name Crooked Run waste water plant Addiess City 117 E. Piccadilly Winchester Type Application ox ID Number Site Plan Current Zoning Date reviewed 10/12/2005 Applicant Patlon,Harris Rust & Associates State Zip VA 22601 Applicant Phone 540.667-2139 Fire District Rescue District 11 11 Election District R Recommendations Automatic Sprinkler System Automatic fire Alarm System Residential Sprinkler System Yes Yes No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not identified Emergency Vehicle Access Comment: Access Comments Requirements Hydrant Location Adequate Roadway/Alsleway Width Adequate Fire Lane Required Yes Special Hazards Yes Additional Comments Fire lanes shall be identified arounJ the fire hydrants. Chemical storage will require an emergency plan. Plan Approval Recommended Reviewed By Signature Yes Linoburg Title p•4 Nov 03 05 07:46p PHRR WINCHESTER • 540-665-0493 • Request for Site Plan Comments I: i ederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections D pt. 107 N. Kent St. Attn: Building Official Fourth Floor 107 N. Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information a,, accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: Patton 1 iarris Rust & Associates, pc Address: c/o Ronald A. Mislowsky 117 E. Piccadilly Street Winche ;ter, VA 22601 Phone Number: (540) 61 i7-2139 Name of development and/or description of the request: Crooked Run Wastewater Recla nation Facility Location of property: Shenandoah Development, lout' i end of Crappie Court Inspections Developm nt's Comments: If ay-e an • Request for Site Plan Comments • Frederick County Eneinecrin2 Department L Mail to: Hand deliver to: Frederick County Engineering Dept. 107 N. Kent St. Attn: Director of Engineering Fourth Floor 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5643 (540)665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc Address: c/o Ronald A. Mislowsky 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: Crooked Run Wastewater Reclamation Facility Location of property: Shenandoah Development, south end of Crappie Court Engineering Dept. use only Date received Date revision received Incomplete Incomplete Date reviewed 1 / 05 Date r,Csyiewed_ Signature and Date Signature and Date (revisions) Date approved 'r Nov 09 05 02:49p PHRR WINCHESTER 540-665-0493 p.1 f■ 0 1, 'r Patton Harris Rust & Ass,xiates Engineers. Surveyors, Planners. Landscape i Architects. PHA 1 1 East ccac Illy Street Winn chesteer, Virc iinia 22601 T 540.667.2139 F 540.665.0493 Fax Transmittal 493 To: M irk Chcran Organization/Company: F<: Planning Fax Number: From: Rc n Mislowskynm ' Date: November 9, 2005 Project Name/Subject: Sh mandoah WWTP — Crooked Run Internal Project File Number: — Total Pages including cover: A hai l copy of this fax ❑ will [] will not be mailed to you. Comments: Mark, Here are the approvals from the age icies tasked with review of the site plan. Please find FCSA Inspections Fire Marshal Public Works has already issued the . and Disturbance permit VDOT is not involved Please let me know when I can send ever sets for approval signature. Ron NOTE: This message is intended for the i se of the addressee and may contain information that is privileged and confidential. If you are not the intended recipient, yoi. are hereby notified that any dissemination of this communication is strictly prohibited. If you receive this facsimile in error, I lease notify us immediately at the number above. Thank you. Nov 09 05 02:49p PHRR WINCHESTER 540-GGS-0493 p.2 • 0 Control number Date received SP05-0065 9/16/2005 Project Name Crooked Run waste water plant Address City 1 17 E. Piccadilly Winchester Type Application ax ID Numbor Site Plan Current Zoning D Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Date reviewed Dote Revised 10/12/2005 Applicant PaHon,Harris Rust & Associates State Zip Applicant Phone VA 22601 540-667-2139 Fire District Rescue District 11 11 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Residential Sprinkler System No Fire Lane Required Yes Special Hazards Yes Additional Comments Fire lanes shall be identified aroLlrn: the fire hydranls. Chemical storage will require an emergency plan. Plan Approval Recommended Reviewed By Signature , Yes Linaburg / Nov 09 05 02:50p p.3 PHRR WINCHESTER • 540-665-0493 • Request for Site Plan Comments Frederick County Inspections Department Mail to: Frederick County Inspections Dept. Attn: Building Official 107 N. Kent Strcct Winchester, VA 22601 (540) 665-5650 Hand deliver to: 107 N. Kent St. Fourth Floor Winchester, VA 22601 (540) 665-5650 1XI6167s__ Please fill out the information z s accurately as possible in order to assist the agency with their review. Please attach one (1) copy of he site plan with this sheet. Applicant's Name Address: Phone Number Patton Ilams Rust & Associates, pc c/o Ro lald A. Mislowsky 117 E. Piccadilly Street Winch aster, VA 22601 540 (.67-2139 Name of development and/or d-scnption of the request: Crooked Run Wastewater Recl unation Facilitv Location of property: Shenandoah Development, sou h end of Crappie Court Inspections Dle�velopm nt's Comments: if n 12-7,a'!�� ar e �S� G'cK oT � i5 ��✓�. Nov 09 05 02:51p PHRR WINCHESTER • 540-665-0493 • p.4 Request for Site Plan Comments F rederick County EngineeringDepartment Mail to: Frederick County Engineering kept. Hand deliver to: Attn: Director of Engineering 107 Kent St. 107 N. Kent Street Fourtthh Floor Winchester, VA 22601 Winchester, VA (540) 665-5643 (540) 665-5643 Please fill out the information a: accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Patton I larris Rust & Associates, pc Address: c/o Ron ild A. Mislowsky 1 l7 E. F iccadilly Street Winche: ter, VA 22601 Phone Number: 540 6E 7-2139 Name of development and/or de; cription of the request: Crooked Run Wastewater Reclar cation Facilitv Location of property: Shenandoah Development, south end of Crappie Court En eering Department's Coma Patton Harris Rust & Assoctes, Pc • Engineers, Surveyors, Planners, Landscape Architects PH i East er, V rgin a 226 Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: Candice Perkins Frederick County Planning 107 N. Kent Street Winchester, VA 22601 November 23, 2005 Ron Mislowsky Crooked Run Reclamation Facility Quantity File # Date r, Notes: Received by: Plans Transmittal Internal Project File #: Description Date: Transmitted 0 Herewith ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Approval ❑ Please Return: Corrected Pnnts ❑ Please Submit: Revised Pnnts Nov 09 05 02:16p %MIN PHRR WINCHESTER • 540-665-0493 • 'r Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. P�n117East Piccad Ili Street Win chester, YrC inia 22601 T 540.665.Fc1X Transmittal F 540.66.0493 0493 To: Mark Chem oryanizationICompany: FC Planning _ Fax Number: From: Rc n N islowsky Date: November 9, 2005 Project Name/Subject: Sh rnandoah WWII' — Crooked Run Internal Project File Number: _ Total Pages including cover: A ha d copy of this tax ❑ will ❑ will not be mailed to you. Comments: Mark, Here are the approvals from the age ncies tasked with review of the site plan. Please find FCSA Inspections Fire Marshal Public Works has already issued the Land Disturbance permit VDOT is not involved Please let me know when I can send over sets for approval signature. Ron NOTE: This message is intended for the use of the addressee and may contain information that is pavileged and confidential. If you are not the intended recipient, r )u are hereby notified that any dissemination of this commumcatioa is strictly prohibited. If you receive this facsimile in error please notify us immediately at the number above. Thank you. Nov 09 05 02:16p PHRR WINCHESTER • 540-665-0493 is p.2 - . ......:::.. Control number Date received SP05-0065 9/16/2005 Project Name Crooked Run waste water plant Address Clly 1 17 E. Piccadilly Winchester Type Application ax ID Number Site Plan Current Zoning 0 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequote Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments arity Frarid:;Rescue. f .th:e,;,Fire: Mdtr .q1 `...' ,.:.:,:.r..._....,:.::.....Q ...:... ants... Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Residential Sprinkler System No Fire Lane Required Yes Special Hazards Yes Additional Comments Fire lanes shall be identified arOUn(l the fire hydrants, Chemical storage will require an emergency plan. Plan Approval Recommended Reviewed By Signature l' Yes Linaburg Title _. Nov 09 05 02:17p PHRR WINCHESTER 540-665-0493 p.3 /� Request for Site Plan Comments �� Fi ederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections D apt. 107 N. Kent St. Attn: Building Official Fourth Floor 107 N. Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information a:, accurately as possible in order to assist the agency with their review. Please attach one (1) copy of t ie site plan with this sheet. Applicant's ?Fame: Patton 3arris Rust & Associates, Address: c/o Rot ald A. Mislowsky 117 E. 'iccadilly Street Winch(stcr, VA 22601 Phone Number: (540) 57-2139 Name of development and/or di -scription of the request: Crooked Run Wastewater Rech mation Facility Location of property. - Shenandoah Development, soul h end of Crappie Court Inspections Develop 's Cot unents: �„ � „�� a r-e an �0 4C K o T �c ✓FYI Nov 09 05 02:18p PHRR WINCHESTER 540-665-0493 p.4 • • Request for Site Plan Comments Frederick County Engineering Department Mail to: Frederick County Engincering kept. Hand deliver to: 107 N. Kent St. Attn: Director of Engineering Fourth Floor 107 N. Kent Street Winchester, VA 22601 Winchester, VA (540) 665-5643 (540) 665-5643 Please fill out the information a: accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: Patton 1 larris Rust & Associates, pc Address: c/o Ron ild A Mislowsky 117 E. Piccadilly Street Winche ,ter, VA 22601 Phone Number: (540) 6(7-2139 Name of development and/or de: cription of the request: Crooked Run Wastewater Reclai cation Facility Location of property: Shenandoah Development, south end of Crappie Court Eng leering Department's Comn Nov 09 05 02:18p PHRR WINCHESTER • - ilbert w. clifford & associates �r g a division of Patton Harris Rust a Assoc ates,pc Engineers. Surveyors, Pjanners. Landscape Architects. /♦� 117 East Piccadily Slri al, Sale 200 P�L l Winchester, v irgnia 22 O1 H F 540.665.0493 i F 540.665.0493 �� To: Organization/Company: Address: John Vhitacre FCSA P.O. P ox 1877 Winch aster. VA 22604 540-665-0493 Telephone Number: Date: Octob °r 17, 2005 From: Ron N islowsky Project Name/Subject: Crook -d Run Wastewater Reclamation Facility Via: _ Internal Project File #: Quantity File # C ate Description Transmitted ® Herewith 2 Revised Site Plan ❑ Under separate cover Material A ❑ Originals V1,511V 11!6�00d640 V.❑ Photocopies TC ❑ Diskette/ �! ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice • �f ' - 5y7 yB ❑ Sepia Rio V o S Purpose ❑ Your Use ❑ Your Files Notes: 9 Approval /1/Oy ❑ Please Return: Corrected Prvd6 ❑ Please Submit: Revised Pnnls Received by: Date: p.5 COUNTY of FRI±✓DERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator DATE: October 3, 2005 RC: Discussion — Crooked Run Wastewater Reclamation Facility At the October 19, 2005 Planning Commission meeting, staff will present the site plan for the Crooked Run Wastewater Reclamation Facility to the Planning Commission for review. Customarily, projects involving public facilities are brought before the Planning Commission prior to site plan approval. A representative from the Sanitation Authority and Patton Harris Rust & Associates will be present during the Planning Commission meeting. The Wastcv,'atcl' Reclamation Facility will be located in the Shenandoah Development (Lake Frederick), a 2,130 unit age restricted development off of Front Royal Pile (Route 522 South) on Crappie Lane. Access will be provided to front Royal Pike via a private road network within the subdivision. As you probably are already aware, the site for the Shenandoah Development is CUrrently being prepped for CO11StrLICtlO11 and land disturbance and construction Of the road to the site is underway. The site plan for the plant is attached for your information. This capital improvement project is being presented for informational purposes, no action is required. Please contact me ifyou need any additional information. MRC/CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FOREST LM(ES LIMITEI 86 A 227 S N- iW e°N s` �S MADISON FARMS, LLC si A 15 �Q O%BR)DGE DEVELOPMENT AT SHEMA)OOAH si A 103 HEN0.V.0 �Nw'L(,H 7 }�fc DJ ,VAR�� r) 13 lC 9l A Map Features Zoning SP # 56 - 05 81 (Buvne:s Nepntwroo n0 gstnd) MS (MedcN nd Support Orst) B2 (Business General Drstnd) Ra (Resrdenaal Planned Comnonty D stod) Crooked R �.�- w••... N R•bnna N1s. B3 (Boone:: Indu:nisl Transdron Drstnd) . R5 (Reodenbal R—eabonal Cor, undy Orstnd) u n Bu•enp Road Centerlines - 1•��. ti EM(E.tract—M.-factunrp Drswt) HE (Hpner Educsbon DrUrKQ ++._ RA(Rural Areas Oismd) damanc Q RP (Raodenbal Pee Dntncl) /11/ 87 A 103 ) ^� M I(I ndu:insl LpM Orstnd) \ OPn c•N \i Lul• 0 M2 (Industnal. General 061nd) "1N OS—A �� UOA ♦ MH I (Modb Home Convnunrty (Wnd) N (��\� j I \ 0 500 1,000 2 000 Feet Z4 ik Nl-� IT A f J,4 a t Alk Map Features Zoning 81 (13-- Nghbh-d Dt,.Ct) MS (Melb-f SupportDW-t) SP # 56 05 B2 (8--, G.—W D,t-t) Q R4 (R.W.nb.1 Planned C—tv Dw-1 R— 03 (B—ss lW-ft,al T—sd— DsImt) ♦ R5 (R,.,,Mnb.1 C—n" Dll"c', Crooked Run 9--" Road Centerlines EM (E.vmd— M—fw.—q Dmt-t) RA (R-1 A—, Dstnct) '... A, HE (Hgh., Ed-abon Drurwt) Q RP (Revaential Parlor— Ckstncv) 87 - A - 103 CD Mt (Ind.0,81 Ught D.Ird) M2 (Irid-Mal G.—al D.Ird) 0 WIIA M141 (M.W. H.— C—dy Om,.d) H I 0 500 1,000 2 000 Feet 09/22/2005 16:44 FAX 3012944151 OXDRIDGE GROUP 12]002 CONSTRUCTION AND SERVICE AGREEMENT THIS AGREEMENT is made anll-entercd as of this- 9Tz -. day of , 2001 by and between FRBDERICK COUNTY SANITATION AUTHORITY (the "Authority"), a Virginia body politic and corporate organized and existing under the provisions of the Virginia Water and Waste Authorities Act,-- Va. Code, Ann_- § 15.2-5114; et- sec .-(the "Act"); and the FREDERICK-WINCHESTER SERVICE AUTHORITY ("FWSA" 1, a Virginia body politic and corporate organized and existing under the provisions of the Act; and DOGWOOD DEVELOPMENT GROUP L C, or assigns (the 'Developer") RECITALS R-1. The Authority, in accordance with its Charter and as provided by the Act, owns and operates water and sewer facilities and provides water service and sewer collection and transmission service in the County of Frederick, Virginia. The Authority also is permitted to provide water and sewer service partly within and partly without the boundar*es of the County of Frederick. The Authority also operates one or more sewage treatment plants which are owned by FWSA. R-2. FWSA was incorporated as provided by the Act to acquire, finance, construct, operate and maintain sewage treatment facilities, in the County of Frederick, including treatment plants, trunks or interceptors and pumping stations, together with all the -pertinent equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FWSA -for their operation,- but not- including -sewage collection facilities. FWSA contracts ..with .the Authority for the operation. and maintenance of certain sewage treatment facilities and joins this Agreement to signify its intention to designate the Authority as its agent during the construction of and to enter an agreement with the Authority for the operation and maintenance by the Authority o,f the Crooked Run Wastewater Treatment Plant SA . 1 09/22/2005 16:44 FAX 3012944151 OXBRIDGE GROUP 16 003 (the "Crooked Run Wastewater- Treatment Plant Operations Agreement"), generally in the form of the Parkins Mill Operations Agreement with the Authority dated August 1, 1988. R-3. - The -Developer is the contract purchaser of approximately 978.acres, 928.of which are located principally within the County of Frederick, but with approximately 50 acres located within Clarke County and a small portion in Warren County, Virginia. The property currently is zoned to permit the construction of 2,130 residential units, plus additional retail and commercial units in the County of Frederick. An additional 200 residential units and a Continuing Care Retirement Community site also arc the subject of a rezoning application in Clarke County. The development project is to be named "Shenandoah" and shall be referred to hereinafter as such. Attached hereto. as- Exhibit .A -is- a map of .tlie- area. -which includes. Shenandoah and certain surrounding properties which are included in the "Crooked Run Regional Sewer Service Area." R-4. The Developer, FWSA and the Authority desire to enter into this Agreement to design, construct and finance a water distribution system (the "Water System") and a sewer collection system (the "Sewer Collection System") and a wastewater treatment plant (the "Crooked Run Wastewater Treatment Plant'), the latter two systems tog gther are referred to hereafter as the "Wastewater System." The Water System and the Sewer Collection System will be conveyed to the Authority. The Crooked Run Wastewater Treatment Plant, upon completion and acceptance, will be conveyed to FWSA to permit the Authority to serve Shenandoah and the Crooked Run Sewer Service Area as provided hereafter. R-5. The Crooked Run Wastewater Treatment Plant is being desfigned by Gilbert W. Clifford & Associate in accordance with the applicable design and performa�ce criteria required by and acceptable to the Au rity, and by the Virginia Department of Health and the Virginia Department of Environmental Quality. The wastewater treatment plant will be permitted to discharge treated effluent, initially pursuant to the Virginia ' Department of Environmental 2 09/22/2005 16:44 FAX 3012944151 OXBRIDGE GROUP U004 Quality Permit No. VA0080080 as the same may be amended, extended or re -issued (the "DEQ Permit") NOW, THEREFORE, in consideration of these premises, the Authority, FWSA and the Developer do agree as -follows: AGREEMENT 1. Wastewater System. The Developer will design and construct or cause to be constructed, at its expense, sewer collection and transmission facilities to serve Shenandoah. In addition, _t e Developer shall design and construct or cause to be constructed the Crooked Run Wastewater Treatment Plant sized adequately to serve Shenandoah and the Crooked Run Sewer Service Area as outlined on Exhibit "A." a. The wastewater' treatment 'platrt- shatt be constructed in phases,.. with 'the fast phase having-4 design capacity of 375,000 gpd and"with'the" second-phhse having a design capacity of an 'addYtiohal 225,000 The parties agree that the plant capacity of the wastewater treatment plant is intended for the exclusive use of they Shenandoah project and" the .adjoining .areas in Clarke. and Frederick County shown" within the Crooked- Run Sewer Service Area. No portion of the- foregoing' capacity shal!)be available to serve any properties other than -Shenandoah without the prior approval - of the Developer first haying been obtained. Subject to the approval of cognizant goverrunental officials of either Clarke or Frederick Courtty, it shall be the Authority's responsibility to use its best efforts to obtain, at the expense of others as • set forth in Paragraph 3, all regtrinad'conserrts and approvals for-o�tension of water or "sewer' to the properties -within -the' Crooked Run Sewer Service Area beyond Shenandoah. The Authority of FWSA, at'its own expense, shall have the right to expand the Wastewater System to transport and treat sewage flows in excess of 0.600 mgd. b. " The Developer shall be permitted to expand the Wastewater System • and to -provide treatment capacity sufficient to coiriplete development 'of Slienandoiih'as currently planned and" approved and as the same may be enlarged or expanded in the fixture. Design and construction of any such SA expanded facilities shall be at the sole cost and expense of 3 09/22/2005 16:45 FAX 3012944151 OXBRIDGE GROUP • U 005 the Developer, subject to the .approval of. the Authority which _approval .shall _not be unreasonably withheld, 'conditioned or delayed. , The Authority and FWSA shall cooperate to obtain necessary approvals by the appropriate regulatory agencies, if any. All provisions' of .. this Agreement shall apply to any construction for expansion of the Wastewater System •and, to any additional capacity made available by such cons ction, as applicable. 2. Water System. The Developer will construct or cause to be constructed, at its expense, water distribution facilities to serve' Shenandoah, on a* timely basis to serve that development as it.proceeds. a. Upon- completion -of each phase of tide water distribution facilitim-noted above;-thd Devcloper4ill convey the same to` the •Authority and the- Developerwill be permitted to connect to the water supply facilities of the Authority. -Thc Authority thereafter " shall provide - water to se �e Shenandoah in quantities" and at pressures adequate-tozet applicable health 'standards and- in - accordance with the -' 'Authority's Water and Sewer Standards Specifications, as amended from time -to -time . i b. 'rhe-Developtr shall grant to the- Authority a, site for -the location of a water tank to be designedazid constructed -by n `� and at the cost' of the Authority at the location- generally depicted upon Exhibit A. The parties agree that the Developer at its expense shall be permiq' ed to cause the name "Shenandoah" to be painted on or applied to the water tank according to design and color specifications prepared by Developer and in conformaswe with applicable sign regulations. C. 'Me Authority is hereby granted ttir- ' lit to explore for an additional- ground water sourre,-p ed such exploration dots not interfere with construction or development adivo or damage property Ynthiit Shenandoah. d. The Authority shall be pemiitted to construct a water well to connect to its water system, with such water well to be located in the area of the wastewater treatment plant or W A such other place as theparties. may agree hereafter. - 3. Easement AEguisition. The Authority agrees that it will use its best efforts to negotiate and to acquire all easements necessary to permit construction of the Water System and Ell 09/22/2005 16:45 FAX 3012944151 OXBRIDGE GROUP 0 006 the Wastewater System facilities. The Authority further agrees that, if necessary, it will exercise its power of eminent domain to acquire any necessary easement which can not be obtained voluntarily. All expenses of acquiring easements by the Authority necessary to serve Shenandoah through the exercise of the power of eminent domain shall be borne by the Developer. 4. Design and Construction Standards, Warranty. All construction of the Wastewater System, and the Water System to be performed by the Developer, shall be performed in accordance- with- the plans approvod-by the Authority -and eoguizantTegulatory authorities in accordance with the Authority's Water and Sewer Standards and Specifications; in effect at the time of design and construction, a current copy of which is attached hereto as Exhibit "B." The Developer shall not be required.t pact a hand or any other form of surety in connection with either the Wastewater System or the Water System. a. The Water System and Wastewater System facilities shall be -constructed -in- phases coincident with Developer's construction schedule for Shenandoah and shall become a part of the water and sewer system- of t1tt-Authority upon completion and 'acceptance' by the Authin�ity. Upon n such com lotion of construction' and acceptance, the Developer agrees to execute an a fiver to e A}tdiority and, as to e Crooked Run Wastewater Treatment Plant, to FWSA, a bill of sale and deed transferring title to the aforesaid facilities' to the Authority and FWSA: The signature of the 'Authority- or-FWSA on- the trill of -sale shall indicate its acceptance: The' Authority and the- Developer agree that the - facilities -'shall be -conveyed -and accepted upon satisfactory completiorr of each phase- and not later than the -'completion of the�-phase of development requiring service from such facility. b. The -Developer will execute7and- record in the Office of the Clerk -of -the Court easements in -the-form approved by the Authority necessary' for 'the 'Authority to own, operate, maintain, repair; replace or reconstruct, said facilities. The Developer also shall execute a deed to transfer in fee simple to FWSA title to the land upon which the wastewater treatment plant is situated, together with an easement for access thereto from the nearest public road. 5 09/22/2005 16:45 FAX 3012944151 OXBRIDGE GROUP 1� 007 • 0 Evidence of the proper recordation -of such deeds shall be provided ' to the Authority' and FWSA promptly'- after execution of the bill of sale asset forth herein: c. Developer 'hereby warrants that al-l- materials, equipment and work performed with respect to the Wastewater System and the water distribution system shall be frpe of defects in material and -workmanship for one ygar from the date of -acceptance of- those- facilities by the Authority. The Developer shall specifically assign t&,�ind for the benefit of the Authority all - material --and -equipment warranties provided by manuafacturm and suppl:iprs of all components of those facilities. Unless' such work is pedbrirted pursuant to the referenced material and equipmenj warranties, the Developer shall provide all repairs or reconstruction of defective construction; -materials • or workmanship, including all shrinkage or settlement-gr other faults arising therefrom, promptly and'at its own expense, when notified in writing to do so by the Authority aid to the reasonable satisfaction of the Authority, for•one year from the date of acceptance of the facilities by the.Authority or FWSA. 5. Service, Rates, Fees and Charges. Upon completion and acceptance of each phase of the Water System and the Shenandoah Sewer System, the Authority shall be responsible to own and/or operate those systems and to provide water and sewer service to Shenandoah in conformance with all- applicable regulatory requirements and as. provided in the Act. Specifically, and without limitation, the Authority on behalf of FWSA as owner, agrees to pursue vigorously issuance by the Virginia Department of Environmental Quality, of the renewed, re -issued and expanded Permit in phases of 0.375 mgd and, ultimately, 0.600 mgd. a. Availability' fees" sbali be paid to the Authority for connection to the Authority's water system in accordance with Rates, Fees and Charges established by the Authority as permitted by the Act. b. The Authority shall fix, charge -and lleet availability fees for each property connected to- the -Wastewater System. The Authority agrees that those charges currently are $3,220 per residential unit and the corresponding commercial charges as set forth on thg attached Exhibit C. The Authority agrees that it shall not reduce the current SA - availability fee applicable -to properties. within the Crooked Run Sewer Service Area, and that it will incrcasc such rates 6 09/22/2005 16:46 FAX 3012944151 OXDRIDGE GROUP U 008 to equal the corresponding rakes charged to customers served by any other portion'of the Authority's system. C. Ninety-five percent of all availability fees c611ected for use of sewer capacity provided by the Shenandoah System shall be paid to the Developer in payments made quarterly with each payment to include fees received by the.Authority "for the three month period preceding 1hp quarterly payment. This payment obligation by the Authority to the Developer shall continue until the earlier of such,time as the .600 mgd design and p6miitted capacity of the plant has been reached; or 15 years after completion and conveyance of the plant to FWSA. d. rn "addition;" the Atithority 'shall" fix, charge and collect continuing service charges" for"sewe�service provided by the Crooked Run Sewer Service' Area' in an amount which shall cover the O&M Costs of the Wastewater System. 6. Operation and Maintenance "Subsidy. Annually' beginning one year after completion and acceptance of the wastewater treatment plant, the pazti011s shall establish an operation and -maintenance escrow fund tb subsidize-operation-7d maintenance costs ("O&M Costs") of the wastewater treatment plant. for -purposes of this Agreerrrent,.,O&M costs shall be limited to actual costs paid by the Authority in connection with the operation and maintenance of the wastewater treatment plant and shall not include overhead or soft costs of the Authority. The escrow account shall exist and remain funded until such time as 1,000 residential units or their commercial equivalent have been connected to the Shenandoah Sewer System. The form and credit substance and amount of the escrow account shall be as agreed by the parties one year following the acceptance of the first phase of the Shenandoah Sewer System and annually thereafter, if necessary. The Authority shall maintain separate records of the O&M Costs associated with the operation "of the wastewater treatment plant and'shall require the Developer to make annual deposits to the escrow account sufficient to defray short falls in the previous year over continuing sewer service charges collected by the Authority from customers served by the wastewater treatment plant. The parties agree that the Developer's obligation to subsidize 4J/� 7 09/22/2005 16:46 FAX 3012944151 OYBRIDGE GROUP 0009 operation of the wastewater treatment plant as provided herein shall be fully satisfied or proportionately satisfied in relation to the number of connections actually made, if the following residential connections or their commercial equivalents) are made to the Shenandoah System on the following schedule. By Year Ent! After Date of Acceptance Yca� 1 - 100 connections Year 2 - 200 connections Yeflr 3 - 400 connections Yeaf 4 - 600 connections Year S - 800 connections Year 6 - 1,000 connections Developer's obligation to provide this subsidy shall end upon 1,000 connections being made to the Shenandoah System. Any sums remaining in the escrow fund after 1,000 connections have been made shall be paid directly to the Developc>r.- 7. Obligations of FWSA. The parties hereto restate and incorporate the Recitals. In particular, FWSA joins this Agreement to indicate its consent and support of the undertakings of the Authority and the Developer. ' FWSA further agrees promptly to -negotiate the Crooked Run Wastewater Treatment Plant Operations Agreement by which FWSA will o)vrn the Crooked Run Wastewater Treatment Plant to be operated by the Authority on the terms set forth in said Operation Agreement. NUSCELLANEOUS 8. Recordation. So that the successors and assigns of the Authority and Developer shall have notice of the obligations set forth herein as they relate to the Development, this Agreement may be recorded by either party among the land records of Frederick County, Virginia. 9. No Joint Venture Partnership or Agency. -It is not -the purpose or intention of this Agreement to create, .and this Agreement shall not be construed to create a joint venture, For purposes of this Agsc =n%, esch res(dtntial eonnecrion to the Shcnandoah Sewcr Systcm shall assurr: a flow of 250 sPd• Cornn=rcial conncctions shall =umc a flow of 1.500 gpd for arch 1,000 &quart Cat. (- CSA) 8 09/22/2005 16:46 FAX 3012944151 • OXBRIDGE GROUP [a 010 partnership, agency or other relationship whereby either party hereto shall be held liable for the omissions, commissions or performance of the other party. 10. Waiver. Failure of either party to enforce a term or condition of this Agreement shall in no event be deemed a waiver of the right to do so thereafter. 11. Amendments. No change.or modifications to this Agreement shall be valid unless the same is in writing and signed by all parties. No purported or alleged waiver or modification of this Agreement or any term or provision hereof shall be effective unless in writing and signed by the party against whom such waiver or modification is sought to be enforced. 12. Assianrments. This Agreement, or any part of it, shall be fully assignable by the Developer, provided each proposed Assignee agrees in writing to assume the Developer's responsibilities hereunder 13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. The Developer and the Authority specifically waive the defense or plea of the Rule Against Perpetuities. 14. Severability.- If any term or provision'of this Agreement -shall be determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining terms and provisions of this Agreement, and to the extent possible this Agreement shall be interpreted and enforced as if such invalid or extent unenforceable provision had not been included in this Agreement. 15. Further Assurances. The Parties hereto shall execute and deliver such further instruments and do such further acts and things as may reasonably be required to carry out the intent and purposes of this Agreement. 16. Ham. The descriptive headings in this Agreement are inserted for convenience only and do not constitute apart of this Agreement. t �'SA E 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP Q 011 17. Countnatts. This Agreement may be executed in counterparts, each of which shall constitute one and the sarne instrument. 18. Notices. Any notice given under -the provisions of this Agreement shall --be in writing and delivered or sent by certified mail, return receipt requested, or by facsimile, as follows: If to Authority: W. H. Jones; -Erzgineer-Director - Frederick County Sanitation Authority Post OfMce-Box 1877 Winchester, Virginia 22604-8377 'Phone No. ' 540-668-1061 x320 Facsimile No. 540-868-1429 If to-FWSR: , Jesse W. Mdffett;'Executive Director >;rcderick-Winchester Service Authority P.O.' R6x 43 Wine ter, Virginia 22604 Phoneo. 540-722-3 579 Facsimile No. 540-722-1103 If to the Developer: Ray F. Smith,'fr.• c/o Dogwood Developmetrt Group LLC 11800 Sunrise Valley Drive St'ite 925 Reston; .Virginia 20191 Phone No. 703-716-1032 Facsimile No. 703-620-6328 With a copy to: Stanley M. Franklin, Esq. McGuireWoos LLP 1750 Tysons Boulevard, Suite 1800 McLean; Virginia 22102 Phone No. (703) 712-5453 Facsimile No. (703) 712-5226 19. No Third_Party B_enefiiciax-ies. No person shall be a third party beneficiary of this Agreement. 10 091122/2005 16:47 FAX 3012944151 OXBRIDGE GROUP Z 012 20. Effective Date. This Agreement shall take effect and shall become fully enforceable by and against the parties hereto upon the date of the written notice tom the Developer to the Authority that the Developer or assigns has completed the purchase of Shenandoah. 21, Exhibits. Exhibit A, Exhibit B and Exhibit C are attached to this Agreement and the Recitals contained herein, are incorporated into this Agremnent. IN WITNESS WHF-R-EOF, the parties hereto have caused this Agreement to be executed the day and year first above written. FREDERICK COUNTY SANITATION AUTHORITY Date: 3-20-0 / f f (SEAL) Jam T. Anderson, Chairman 'FREDERICK-WINCHESTERSERVICE AUTHORITY Date: � _ (SEAL) C. Robert Solenberger, Chairman SHENANDOA.H DEVELOPMENT COMPANY, LLC. BY: DOGWOOD DEVELOPMENT GROUP LLC Date: T , 15'y: Ray F. Smith, Jr., Manager 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP 0013 COMMONWEALTH OF VIRGINIA } COUNTY OF FREDERICK ) I / a Notary Public in and for the County and State aforesaid, hereby. certify that James. T. Anderson, Chairman of Frederick County Sanitation Authority, has acknowledged the same before me in my County and State aforesaid. Given under my hand thi& a0/'.. day of __ , 2001. 4o;taLry_ Public My commission Expires: G - 30 -0 -7- COMMONWEALTH OF VIRGINIA COUNTY OF WINCHESTER• ,- 1a Notary Public in --and for the County and State aforesaid, hereby certify that C.' Robert Solenberger, Chairman of Frederick -Winchester Service Authority, has acknowledged the same before mein my County and State aforesaid. Given,under my hand this J , , day of- . 2001. Notary Public My Commission Expires: �� o20OA COMMONWEALTH Of VIRGINIA COUNTY OF FAIRFAX . I, �/t-CX y G ,Q. La Notary Public in and for the County and State aforesaid, hereby certify that Ray- F.' Sinitli, Manager of Dogwood Development Group LLC, has acknowledged the same before me in my Colanty and State aforesaid. Given under my hand this clay of 2001. NotaAPubbli . My Commission Expires: 3% oot 12 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP li� 014 • _ Exhibi t A F-;I 7) A J, 10 ' L • 1 conmDe; t ! C. a Y; r7ao ubw �':- r P • ' ;' �' ,l �aFic r �. to �'`s,�� •� .`�` :� '.' �- � •+ • Jam'• C,_ � • - L� _ '� � ✓ 1. ..�j•�•�((�1 i_ � /,� r' • a flr V• ,_n r• — , �. Vx•Prisoo 7 i r �-� 1 - '? n •1 late r,t WA Qt 40 ,�,f �.; '� ,`_. � it `7f •,r ' lArke COUOh ,�_ - f•-.�:I�„%•� fit.-`..a3._, i-'40 Acl %q5 l " y Cc ' __ J +� ,` .. •ICI .. f f i - Proposed "Crooked 'Run", ?�': - ;J_i j • - I Regional Sewer Servicery I i �-�/� ,::.� `� .. � (1 relr•• f �illy�e Ccpter I - I tvss"', stgr Iq LIP grlbcrt w cl►fford & essoC uu 00/22/2005 16:48 FAX 3012944151 OXBRIDGE GROUP Z 015 Exhibit B MEDERICK COUNTY StiONI TATION AUTHORITY WATER AND SEWER STANDARDS AND SPECIFICATIONS REVISED MARCH 2O01 09/22/2005 16:48 FAX 3012944151 OXBRIDGE GROUP z016 Exhibit C FREDFMCK COUNTY SANITATION AUTHORITY CONNECTION FEES (effective July 1, 2000) WATER Availability Charge Lateral Charr Installed by Installed by Meter others A 5/3 2,220 W (2) S2,100 3/4 2,442 .125(2) S2,100 I -Inch 3,108 L40 (2) S2,100 1-1/2" 3,"6 .275(2) 3 2-inch 6,438 325 (2) 3 3-Inch 24,420 1 1 4-lach 3.1,090 1 1 6-hmh 46,620 1 1 8-Inch 64,380 1 1 SEWER AvaiLability Charge Lateral Chazyc lid by Installed by Meter Odx=l Authority 518 3,220 -0- S1,575 3/4 3,652 '0- S1,575 1-hach 4,640 -0- S1,575 1- 1/2" 5,976 -0- S1,575 2-lacb 9,629 -0- S1,575 3-Inch 36,520 -0- 4 4-Inch 46,480 40- 4 6-Inch 69,720 •o- 4 8-Inch 96,290 -0- 4 Notes. 1) FCSA to furnish and install wet taps to existing mains at cost plus 10%. Contractor to fuunish and install hnrs, vaults and meters. 2) FCSA to provide and install disc meters 2" and smaller. 3) FCSA to provide 2" service line to property line with 2-inch ball valve at cost Qlus 1(M. FCSA to fu nush and install disc meter. Contractor to furnish and install ureter vault and teeter setter. 4) Installed bycantraciot if More than 4-inch required. (4" by FCSA - $1,575) FIRE LINE AVAE AZILITY CHARGES 50%.of the difference bemam the Availability Charge for the domestic meter size used and the Fite -Line Detector Double Check size used. COUNTYa Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator��L� DATE: October 3, 2005 RE: Discussion — Crooked Run Wastewater Reclamation Facility At the October 19, 2005 Planning Commission meeting, staff will present the site plan for the Crooked Run Wastewater Reclamation Facility to the Planning Commission for review. Customarily, projects involving public facilities are brought before the Planning Commission prior to • site plan approval. A representative from the Sanitation Authority and Patton Harris Rust & Associates will be present during the Planning Commission meeting. The Wastewater Reclamation Facility will be located in the Shenandoah Development (Lake Frederick), a 2,130 unit age restricted development off of Front Royal Pike (Route 522 South) on Crappie Lane. Access will be provided to Front Royal Pike via a private road network within the subdivision. As you probably are already aware, the site for the Shenandoah Development is currently being prepped for construction and land disturbance and construction of the road to the site is underway. The site plan for the plant is attached for your information. This capital improvement project is being presented for informational purposes, no action is required. Please contact me if you need any additional information. MRC/CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FOREST LANES LIMITED Bs A 777 �00'10 r, 9\ / lrAOFR Y 9.1 A ,RK iJ \\ �' ee J=r e *r p0 * Ste' E� p� Z i C(EYF�,OF _ hF RFr� s MADISON FARMS. LLC 97 A 15 EFG LC 9) A 7! OnBRIDGE DEVELOPMENT AT SHENANDOAH 17 A_19) Map Features Zoning SP # 56 - 05 bPl +r /v � , Q 81 (Business. NephDorht d Drsbrd) ♦ MS (Medical support Dlstnct) L•bWnd• Ncw.b ^, O.m, Q Bi (Business, General Qsbic) Q Re (R esidensal, Planned Lomnwnry Psbl d) Crooked R u n +\.— s•••m• /�/ q•b+.ry NhN ♦ 87 (8usiness. Induslnal Transibon District) ♦ RS (Residenbal R*Creahbnal Currerunry Dntrtct) B."" Road Centerllnaa ♦ EM (E.bactrve Manubctunrq Distdd) IV ♦ HE (Hrpher Educalon Dratrid) RA (Rural Areas Drstdd) `! RP (Revdenhtornu al Pernce Dlstnd) 88 7 A 10 3 ) ^� ♦ Mt fl dustnal. Llpht Disldd) N OPs"aS �� t�•n• Q Mi (Industrial. Ganeral DnMct) O 5D0 1.000 . A OIr A �S� In +A ♦ MH1 (MoGNCof—lWy District) bome Feet W W tiM1 ,F 0 EFB, .C+ X > Map Features Zoning SP # 56 - 05 Avor¢a M^ �U &ems 0 BI (Bus,n.ss, Neighborhood Dratilds) MS (Medical Support Dmt—l) t....mo^a. B2 (Buvness General DV-1) ® R4 (Resrdenbal. Planned Co —unity District) Crooked R u n rs.•� Se..m. /\/ R.e,nry w... BJ (Buvne,s. lndu tn.l Trandron OrsbM) RS (Resrdenba) Recreational Cody Distract) a•e.,e. 1� .s RoadCentertln.s IV EM(E.badl—ManuractunngOmtncl) . Hnd E (Higher Education Drfl) Q RA(RuralA,—Dislncl) (� RP (Reud.ntid .l Peornunc. DHlnct) (� � 87 A 8 103 ) �v Mt (Ind-1-1. Light Ustnct) N Oo.�`.h \i Tr..s Q M2 (Industn.l. Gen.,.[ (Mtnct) 0 500 1.000 MHI (mobil. lt— C--,.ty (hslndt) M ) s Feet _-- - _- 09/22/2005 16:44 FAX 3012944151 .• OXBRIDGE GROUP 0002 TTI CONSTIRUCTION. A_ND SERVICE AGREEMENT • THIS AGREEMENT is made an�-entercd as of this- yI'� _ day of, 2001 by and between FREDERICK COUNTY SANITATION AUTHORITY (the "Authority"), a Virginia body politic and corporate organized and existing under the provisions of the Virginia Water and Waste Authorities. Act;-- Va. Code, Ann.. § 15.2-5144; et- sew., -(the "Act"); and the FREDERICK-WINCHESTER SERVICE AUTHORITY ("FWSA"1, a Virgjnia body politic and corporate organized and existing under the provisions of the Act; and DOGWOOD DEVELOPMENT GROUP L�C, or assigns (the "Developer") RECITALS R-1. The Authority, in accordance with its Charter and as provided by the Act, owns and operates water and sewer facilities and provides water service and sewer collection and transmission service in the County of Frederick, Virginia. The Authority also is permitted to provide water and sewer service partly within and partly without the boundarjes of the County of • Frederick. The Authority also.operates one or more sewage treatment plants which are owned by FWSA. R-2. FWSA was incorporated 'as provided by the Act to acquire, finance, construct, operate and maintain sewage treatment facilities, in the County of Frederick, including treatment plants, trunks or interceptors and pumping stations, together with all the-pgrtinent equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FWSA -for their operation,- but- nor iiicluding-sewage collection facilities. FWSA contracts _with the Authority for the operation..and maintenance of certain sewage treatment facilities and joins this Agreement to signify its intention to designate the Authority as its agent during the construction of and to enter an agreement with the Authority for the operation and maintenance by --the Authority of the Crooked Run Wastewater Treatment Plant i SA 1 09/22/2005 16:44 FAX 3012944151 (the "Crooked Run Wastewater- Treatment Plant Operations Agri merit"), generally in the form of the Parkins Mill Operations Agreement with the Authority dated August 1, 1988. R-3-. - The -Developer. is the -contract pwcbaser of -approximately 91&acres, 428 -ef which are located principally within the County of Frederick, but with approximately 50 acres located within Clarke County and a small portion in Warren County, Virginia. The property currently is zoned to permit the construction of 2,130 residential units, plus additional retail and commercial units in the County of Frederick. An additional 200 residential units and a Continuing Care Retirement Community site also are the subject of a rezoning application in Clarice County. The development project is to be named "Shenandoah" and shall be referred to hereinafter as such. Attached hereto- as- Exhibit -A. -is- a.map- of .the` area. -wl ieh -includes. Shenandoah and certain surrounding properties which are included in the "Crooked RuriRegional Sewer Service Area:" R4. The Developer, FWSA and the Authority desire to enter into this Agreement to design, construct and finance a water distribution system (the "Water System") and a sewer collection system (the "Sewer Collection System") and a wastewater treatment plant (the . "Crooked Run Wastewater Treatment Plant"), the latter two systems tog.7ther are referred to hereafter as the "Wastewater, System." The Water System and the Sewer Collection System will be conveyed to the Authority. The Crooked Run Wastewater Treatment Playit, upon completion and acceptance, will be conveyed to FWSA to permit the Authority to serve Shenandoah and the Crooked Run Sewer Service Area as provided hereafter. R-5. The Crooked Run Wastewater Treatment Plant is being desfigned by Gilbert W. Clifford & Associate in accordance with the applicable design and performance criteria required by and acceptable to the Atr r ty, and by the Virginia Department of Health and the Virginia Department of Environmental Quality. The wastewater treatment plant will be permitted to discharge treated e�fluent, initially pursuant to the - Virginia � l�epartrnent of Environmental -A - 2 09/22/2005 16:44 FAX 3012944151 OXBRIDGR GROUP 0 004 Quality Permit No. VA0080090 as the same may be amended, extended or re -issued (the "DEQ • • Permit"). NOW, THEREFORE, in consideration of these premises, the Authority, FWSA and the Developer do agree as -follows! AGREENMNT 1. Wastewater System. The Developer will design and construct or cause to be constructed, at its expense, sewer collection and transmission facilities to serve Shenandoah. In addition, the Developer shall design and construct or cause to be constructed the Crooked Rum Wastewater Treatment Plant sized adequately to serve Shenandoah and the rooked Run Sewer Service Area as outlined on Exhibit "A." a. The wastewater' treatment "plant' sMt be constructed in phases,- with 'thc first phase havi.ng—� design capacity of 375,000-gpd .and- withIbe•second-.ph'ase having a design capacity -af*an 'adtditiohal 225,000- gpo. The parties agree that'the plant capacii} of the wastewater treatment plant is intended for the exclusive use of- -they Shenandoah project and_ the .adjoining .areas in Clarke . and Frederick County shown -within the Crooked -Run Sewer Service Area. No portion of the -foregoing capacity shall be available to serve any properties other' than Shenandoah without the prior approval • of the Developer first haying been obtained. Subject to -the approval of cognizant governmental officials of either Clarke or .Frederick Courrtty, it shall be the Authority`s responsibility to use its best efforts to obtain, at the' expense of others as, set -forth in Paragraph 3, all required 'conser& -and approvals for -extension of water or sewer* to the .properties -within -tree • Crooked Run Sewer Service Area beyond Shenandoah. Th6 Authority of FWSA;' at -its own expense, shall have the righi to expand the Wastewater System to transport and treat sewage -flows in excess of 0.600 mgd. b. The Developer• shall be. 'permitted to expand the Wastewater System � and 'to 'provide treatnimt capacity sufficient to coiriplete developriment'of ShenandoWas currently planned and" approved arid as the same may be enlarged or expanded in the future. Design and construction of any such (9s) - expanded facilities shall be at the sole cost and expense of 3 09/22/2005 16;45 FAX 3012944151 OXBRIDGE GROUP M the Developer, ,subject to the..apprvvo of the Authority which _approval .shall_ -not be measonably withheld, . -conditioned- or delayed: -The Authority and FWSA shall cooperate to obtain necessary apprav�ls -by the appropriate regulator; agencies, if any, All Oro"isions `'. of tlxis Agreement shall apply to any conswurc ion for expansion of the Wastewater -System , to any additional capacity made available by such constniction, as applicable. 2. Water System., The Developer will construct or cause to be constructed, at its expense, water riistributioiY facilities to servd' _Shenaiaaoah, on a timely basis to serve that development as it -proceeds. a. Upoarcompletiorr of each phase of a water distribution facilities-noted�above,-Ibw Dev lap li convey the sane to` the Authority and the- Developer will be permitted to connect *o the water supply facilities of the-AnOmrity. -.'life, Authority tiiereafter - shall provide water to se le ' She»andoah in -quantities-and _at pressures adequate-tc et - applicable health 'standards an& -in - accordance with the 'Authority's Water .and Sewer Standards Specifications, as amended from timarto, time: . .a h. - ' The -Developer shall grant to the Authority w site for- e ldcadt oii of -a water tank td be-desitrh-zm edd-constructed y and at the cost''of the Authority at the location -generally depipted -upon -Exhibit A. The parties -agree that the Developer at its. expense shall be permit to cause the name '`Shenandoah" to `be painted on ar applied to the water . tank according to design . and .color . specifications prepared by Developer and in conformance with applicable sign regulations. c. The Authority is hereby granted �ht to explore for an additional Bound water som-ze; ed such exploration does riot interfere with construction -or development•aetiVAy or damage property rtlmi Shenandoah. d. The Authority shall be permitted to construct a water, well to connect to its water system, with such water well to be located in the area of the wastewater treatment plant or W t . A su& other place as the. parties. may agree hereafter. . 3. Easement Acquisition. The Authority agrees that it will use its best efforts to Negotiate and to acquire all easements necessary to permit construction of the Water System and 4 09/22/2005 16:45 FAX 3012944151 • OXDRIDGE GROUP U 006 • the Wastewater System facilities. Th-e Authority,farther agrees that, if necessary, it will exercise its power of eminent domain to acquire any necessary easement which can not be obtained voluntarily. All expenses of acquiring easements by the Authority necessary to serve Shenandoah through the exercise of the power of eminent domain shall be borne by the Developer. 4. Design and Construction Standards, Warranty. All construction of the Wastewater System, and the Watei' System to be performed by the Developer, shall be performed in accordance with'the plans approved -by the Authority -and cognizant-zegulatory authorities in accorda-Tice with the Authority's Water and Sewer Standards and Specifications; in effect at the time of design and construction, a current copy of which is attached hereto �s Exhibit "B." The Developer shall not bereguired-to nnst a hand ar any other form of surety in connection with either the Wastewater System or the Water System. a: The -Water System and Wastewater System facilities shall be -constructed -in' phases' coincident with Developer's construction Schedule- for Shenandoah and shall become a part of the water and sewer-systern- of dTe-Authority upon completion and *acceptance' by the AutWty. Upon n such coin lotion of constivctiori and acceptance, the Developer agrees to execute an e rver to e Authority and, as to e Crooked Run Wastewater Treatment Plant, to FWSA, a bill of sale and deed transferring title to the. aforesaid facilities to the 'Authority and FWSA: The signature of the *Authority- or-FWSA on- the trill' of --sale shall indicate its acceptance.- The' Authority and the Developer agree that 'the -facilities -'shall be conveyed Wand accepted upon satisfactory -completio7r of each phase and not later than the -completion of thc-phase of devcloprnant requiring service from such facility. b. The -Developer wili-execute�and-.=cmd in the Office of the Clerk- of the Court easements in -the-�orm approved by the 'Authority necessary for 'the" 'Authority to own, operate, maintain; repair; replace or ieconstract said facilities. The Developer also shall execute a deed to transfer in fee SA simple to FWSA title to the land upon which the wastewater treatment plant is situated, together with an easement for access thereto from the nearest public road. 5 09/22/2005 16:45 FAX 3012944151 OXBRIDGE GROUP fa 007 Evidence of the properrecordation -of such deeds shall be provided ' to the' Authority" dhd FWSA promgtly`-`aftet execution of the bill vfsale asset forth herein: c. Developer `hereb; warrants -than al_f-materials, equipment -ifid work performed with -respect to the Wastewater System and the water distribution system shall be %a of defects in material and- workmanship for onee year froin the date of Acceptance. of- Loose- fki<lities by !he Authority. The Developer stall specifically assip .,and for the benefit of the .. Authority 'all' material --and -,equipment warranties provided by-mamafaetuters and suppfi;rs of all components i3f tie facilities. Unl ' s' inch work is perforated pursuant to the referenced material and equiomdg1 warranties, the Developer shall provide all repairs or reconstruction of defective construction; - -materials - or workmanship, including all shrinkage or settlement-gr other faults arising th6refrom, prorirptly aiid-at_ its own t-�pense, when notified in writing to do so by the Authority k1d to the reasonable satisfaction of the Authority, for,one year from the date of acceptancer of the facilities by the.Authority or FWSA. 5. Service, _ Rates, Fees and Charges. Upon completion and acceptance of each phase of the Water System and the Shenandoah Sewer System, the Authority shall be responsible to own and/or operate those systems and to provide water and sewer service to Shenandoah in conformance with all_ applicable. regulatory requirements and as. pMvided in the Act. Specifically, and without limitation, the Authority on behalf of FWSA as owner, agrees to pursue vigorously issuance by the Virginia Department of Environmental Qaality, of the renewed, re -issued and expanded Permit in phases of 0.375 mgd and, ultimately, 0.600 mgd. a. Availability' fees- shall be paid to the Authority for connection to the Authority's water system in accordance with Rates, Fees and Charges established by the Authority as permitted by the Act. b. _ The authority shall fix, charge -and cllect availability fees for each property connected ton the�Nastewater System. Iite Authority agrees that 'those urges currently are $3,'Z20 per residential unit aid the corresponding commercial changes as set forth on tli_q attached Exhibit C. The Authority agrees that it shall not reduce the current availability fee .applicable -to properties: within the Crook Run Sewer Service Area, and that it will increase such rates 6 • • • 09/22/2005 16:46 FAX 3012944151 OXDRIDGE GROUP 10 008 to equal the corresponding rakes charged to customers • served by any other portiou'of the Mthoriry's system. C. Ninety-five percent of all availability fees 6611ectW for use of sewer capacity provided by the Shenandoah System shall be paid to the Developer in payments made quarterly with each payment to include fees received .by the. Authority.for the three- month period preceding �tbe quarterly payment. This payment obligation by the Authority to the Developer shall continue until the earlier of such -time as the .600 mgd design and 'ptrnzitted capacity - of the plant has been reached; or 15 years after completion and conveyance of the plant to FWSA. d. In "addition;".thc 'Authority 'shall- fix, charge and collect continuing service charges' fvr setiver�service provided by the Crooked -Ruh Sewer Service'Area'in an amount which shall cover the O&M Costs of the Wastewater System. 6. Operation and Maintenance 'Subsidy. " Arintiallyl beginning one year after completion and acceptance of the wastewater treatment plant, the parties shall establish an operation and -maintenance escrow fund tb subsidize operation-7d maintenance costs ("O&M Costs") of thewastowater treatment plant. for -purposes of this Agreement, O&M costs shall be limited to actual costs paid by the Authority in connection with the operation and maintenance of the wastewater treatment plant and shall not include overhead or soft costs of the Authority. The escrow account shall exist and remain funded until such time as 1,000 resiliential units or their commercial equivalent have been connected to the Shenandoah Sewer System. The form and credit substance and amount of the escrow account shall be as agreed by the parties one year following the acceptance of the first phase of the Shenandoah Sewer System and annually thereafter, if necessary. The Authority shall maintain separate records of the Q&M Costs associated with the operation of the wastewater treatment'plant and'shAll require the Developer to make annual deposits to the escrow account sufficient to defray short falls in the previous year over continuing sewer service charges collected by the Authority from customers served by the wastewater treatment plant. The parties agree that the Developer's obligation to subsidize O,SI� 7 091122/2005 16:46 FAX 3012944151 OXBRIDGE GROUP to009 operation of the wastewater treatment plant as provided herein shall be fully satisfied or proportionately satisfied in relation to the number of connections actually trade, if the following residential connections or their commercial equivalents' are made to the Shenandoah System on the following schedule. By Year End Ater Date of Acceptance Yet 1 - 100 connections Year 2 - 200 connections Yew 3 - 400 connections Yeaf 4 - 600 connections Year 5 - 800 connections Year 6 - 1,000 connections Developer's obligation to provide this subsidy shall -end upon 1,000 connections being made to the Shenandoah System. Any suns remaining in 'the escrow fund after 1;000 connections have been trade shall be paid directly to the Developer,- . 7. Obligations of FWSA. The parties hereto restate and incorporate the Recitals. In particular, FWSA joins this Agreement to indicate its consent and support of the undertakings of the Authority and the Developer.' FWSA further agrees prozriptly to negotiate the Crooked Run Wastewater Treatment Plant Operations Agreement by which FWSA will o7 the Crooked Run Wastewater Treatment Plant to be operated by the Authority on the terms set forth in said Operation Agreement. AUSCELLANFOUS & Recordation. So that the successors and assigns of the Authority and Developer shall have notice of the obligations set : forth herein as they relate to the Development, this Agreement may be recorded by either party among the land records of Frederick County, Virginia. 9. No Joint Venture, Partnership or Agency. 'It is tiot-the purpose or intention of this Agreement to create, .and -this Agreement shall not be eonsUm- W to create a joint venture, Po: purpas-cs of this Agrcca tt, each ms`dmtia[ connection to the Shcnandaah Scwcr System shall assun= a Stow of 250 gpd• /� {� Cornnzcrcial con=tions Shall =unC a tioVr of 1,500 SPA for each I, M cqua= feet. CSA� s0 09/22/2005 16:46 FAX 3012944151 OXBRIDGE GROUP [A0 10 partnership, agency or other relationship whereby either party hereto shall be held liable for the iomissions, commissions or performance of the other party. . lo..... Waiver. Failure of either party to enforce a term or condition of this Agreement shall in no event be deemed a waiver of the right to do so thereafter. 11. Amendments. No change -or modifications to this Agreement shall be valid unless the same is in writing and signed by all parties. No purported or alleged waiver or modification of this Agreement or any term or provision hereof shall be effective unless in writing and signed by the party against whom such waiver or modification is sought to be enforced. 12. Assignments. This Agreement, or any part of it, shall be fully assignable by the Developer, provided each proposed Assignee agrees in writing to assume the Developer's responsibilities hereunder 13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. The Developer and the Authority specifically • waive the defense or plea of the Rule Against Perpetuities. 14. Severability.' If any term or provisiori*of this Agreement' shall be determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining terms and provisions of this Agreement, and to the extent possible this Agreement shall be interpreted and enforced as if such invalid or extent unenforceable provision had not been included in this Agreement. 15. Further Assurances. The Parties hereto shall execute and deliver such further instrumenXs and do such further acts and things as may reasonably be required to cant' out the intent and purposes of this Agreement. 16. Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a,W of this Agreement. • USA E 09/22/2005 16:47 FAX 3012944151 CJ OXBRIDGE GROUP • 0011 17. Counterparts. This Agreement may be executed in counterpails, each of which shall constitute one and the sarne instrument. 18. Notices. -Afiy notice given under -the provisions of -this Agreement shati--be in writing and delivered or sent, by certified mail, return receipt requested, or by facsimile, as follows: If to Authority: W. H. Jones;-Eingineff-Dirdctbr - Vrederick County Sanitation Authority k6st Offide-Box 1877 Win6h_6ster,- Virginia 22604-8377 'Ph6ne-No. - ' 540-668-1061 x320 Facsimile No. 540-868-1429 Jess&W_ M6ffett'Executive Director Frederick -Winchester Service Authority P.'0.' 36x 43 Win"ter, Virginia 22604 Ph6 lo. 540-722-3579 Facsimile No. 540-722-1103 If to the Developer: Ray F. Snifth,'Jr.' clo Dogwood Developmetrt Omp ULC It 800 Sunrise Valley Drive S,Uite 925 Restorz;-.Virginia 20191 Phone NO. 703-716-1032 Facsimile No. 703-620-6328 With a copy to: Stanley M. Franklin, Esq. M6GhiteWoqs LLP 1750 Tysons -5oulevard, Suite 1800 MdLeah; Virginia 22102 Plione N6'. (703) 712-5453 S!A Farsimile'No. (703) 712-5226 19. No gird Parw Reneficiasies. No person shall be a third party beneficiary of this Agreement. 10 • 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP is WJ 012 20. Effective Date. This Agreement shall take effect and shall become fully enforceable by and against the parties hereto upon the date of the written notice from the Developer to the Authority that the Developer or assigns has completed the purchaise of Shenandoah. 21. Exhibits. Exhibit A, Exhibit B and Exhibit C are attached 'to this Agreement and the Recitals contained herein, are incorporated into this Agrcement_ _. IN WMTESS WHEREOF, the parties hereto have caused this Agreement to be executed the day.and year first above written. FREDERICK COUNTY SANITATION AUTHORITY Date: '20 a I f (SEAL) i Jam T. Anderson, Chairman FREDERICK-WINCHESTER'SP,RVICE AUTHORITY Date: �✓l��G- �.''�/,•�'i/Y�/ . C. Robert colenberger, Chairman SHENANDOAH DEVELOPMENT COMPANY, LLC. BY: DOGWOOD DEVELOPMENT GROUP LLC Date: T - T y: Ray F. Smith, fr., Manager CONQvTONWEALTH OF VIRCTiUA } COUNTY OF FREDERICK ) a Notary Public in and for the County and State aforesaid, hereby-certify.hereby-certify. that James. T. Anderson, Chainnan of Frederick County Sanitation Authority, has acknowledged_ the same before me in my County and State aforesaid.. Given under my hand this ga 4.day of , 2001. Notary-pu$lic My Commission Expires: 30 -0 -2w COMMONWEALTH OF VIRGINIA ) COUNTY OF WINCHESTER: ) I, l�f,• _ , a Notary Public in -ma d for the County and State aforesaid, hereby -certify that C. Robert Solenbetger,-Chaiman of Frederick=Vinchester Service Authority, has acknowledged the same before mein my County and State aforesaid. Griven,.under my hand this. day .of- . 2001. r . Notary Public My Cornrnission Expires: CONRAONWEALTH Of VIRGDgIA ) COUNTY OF FAIRFAX) 1, �it��{ L f . Le-s .vev�- ; a- Notary Public -in and for the County and State aforesaid, Hereby' certify brat Ray' F.` Srhith;- Manager of Dogwood Development Group LLC, has acknowredged the winebefore nae in' my C6�my and State aforesaid. Given under my hun&this (3ay of 2001. Notary 1?ubli My Commission Expires: -X gar 12 • B/22/2005 1B:47 t'Ab 3012944151 OXBRIDGE GROUP ig014 Exhibit A ( `� '�� '- � (.• :,1, - c. err• -n,� /y _ �'� ,/ � c Is l f is l..• �' � 4. •y�•.t �.. •. .r� C+��bk T (30 AO 1277 . JN , ' ♦ ��i�) 1ddyj er y .{i <ti. �7.20 ObW red N. 7A Kr) ;etc J"sn, oleo I, ��:�_i. `fie ,:~�• �1.�=�� J �{LO 7� � 'ti-- i�,\^. �( - 60 o i I .\�''', f r�'�1 •, ( , Clarke Coueh � 7. T J roposed ``Crooke Regional. Sewer Service 'A rea gound2 ry L'k114ge Center 1 � �V�asi`ewatEr ,1,. (Com Ia1j 1 j '' Tr�stlot 61i� i I V. J•'- Fri: r^� '�! .'� i .,1 ' �: , _ � M1° �`',1 - (. '• ��v _ gilbcrt w cl►fford & essoc uu 0 rT" MERICK'COIJI+TY SANITATION AItTHOR,i"I'X WATER AND SEWER STANDARDS AND SPECMICAMONS REVISED MARCH 2001 I • t Ic FRF,DEMC>K COUNTY SANITATION AUTHORITY CONNECTION FEES (effective Juicy 1, 2000) PLATER - Avaiiabili Char e ' Lateral - - Installed by - Installed by Meter- • Others Authority 5/8 ' 2,220 ' (2) $2,100 -3/4 2,442 - 125 (2) 52,100 1=hers 3,108 1,40(2) $2,100 1-1/2" 3,9196 275 (2) 3 2-Inch 6,438 325 (2) 3 3-Inch • 24,420 4-Inch 31,080 6-Inch 46,620 8-iJhch 64,380 1 1 SEWER" - AJailabili Ch e Lateral t:n e- lmta�d by Installed by Meter " Others Authoriity 5/8 ' I ' ' -3,22fl ` •-0- $1,575 3/4 S,652 +0- 51,575 I -lack ' 4,649 ;0- 51,575 1-1/2" 5,976 _0- S1,575 2-Lech 9,628 -0- $1,575 3-Inch -36,520 -0- 4 4-Inch 46,480- -0- 4 6-Inch .69,7.20 =0- 4 8 Inch 96,280 - - -0- 4 Notes. 1) FCSA to furnish and install -et taps -to existing mains at cost plus 10%. Contractor to furnish and install linrs, vaults and meters. 2). FCSA to provide and install disc meters 2" and smaller. 3) PCSAto-provide 2" service line to property line with 2-inch ball valve at cost O us 10%. FCSA to furnish and instalt-disc-meter. Contractor to furnish and install ureter vault and meter sc r. '4) `Installed. bycontractof if�ore than 4-inch required. (4" by FCSA = $1,575) -FLR.E LINE AVAH AM]UTY CHARGES 50%,6f the djffmme t bctwocii'the Availability Charge for the domestic meter cize used and the Five -Line Detector Double Check size used'. Exhibit C 1 • • C111VERICK `J September 12, 2005 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC H 7 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Re: Review Comments for Site Plan #56-05; Crooked Run Wastewater Reclamation Facility Property Identification Number (PIN): 87-A-103 Dear Ron: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) Special Limited Power of Attorney Form. Please have the property owner sign the attached Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. 2) Signature Line. On the coversheet, the expiration date should be five years, not two. 3) Notes. Provide a note that all utilities must be underground. 4) Building Restriction Lines. On sheet 2 under project summary, the building restriction lines are incorrect. 5) Floodplain. On sheet 4, show the floodplain for Crooked Run. 6) Building Size. On sheet 4, provide the square footage of each building. 7) Crappie Drive. State that Crappie Drive is private. 8) Curb and Gutter. The parking lot needs to have curb and gutter. 9) Sidewalk. A HC ramp needs to be provided onto the sidewalk. The detail on sheet 3 shows asphalt, concrete should be used. 10) Landscape Screen Detail. On the detail shown on sheet 3, change the Lilac or Forsythia to a deciduous tree. Also, on sheet 3 provide the number of trees that will be needed for the landscape screen. 11) Utility Lines. This site plan needs to reflect the location of any sewer and water lines. 12) Screening. While the southern portion of the site has a buffer to screen it from the adjacent property, the rest of the site has a chain link fence. A board -on -board fence is suggested instead of the chain link fence (or the utilization of additional evergreens) for screening purposes. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC Re: Site Plan 956-05 September 12, 2005 After you have revised the site plan, please resubmit one copy so that I may verify the Information contained on the plan. This site plan needs to be reviewed by the Frederick County Planning Commission at a public meeting. Once the issues in this letter are resolved, I will need 46 copies of the site plan. After this plan is reviewed and approved by the Planning Commission, I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: the Frederick Colmty Insjmctiolls Department, the Frederick Cozmly Er1gineer, the Frederick County Fire Marshal, the FrederickCounrySanilationAuthority, the Virginia DepartmelltofTra71.S7301'tatioll, the Frederick County health Department. Do not hesitate to contact nle if you have any questions or concerns regarding this letter. Sincerely, Candice E. Perkins Planner 11 Attachment CEP/bad cc: Frederick County Sanitation Authority, 1-1.0. Box 1877, Winchester, VA 20604 Oxbridge Development at Shenandoah, LC, 600 Jefferson Plaza, Suite 550, Rockville, MD 20852 SITE PLAN APPLICATION Depaitment oiP1 n ing'anfiUCve7opfiiFnT 6 only. Date application received b U ,r Application # Complete. Date of acceptance Incomplete. Date of return. 1. Project Title: Crooked Run Wastewater Reclamation Facility 2. Location of Property: Shenandoah Development (Address): South end of Crappie Court 3. Property Owner: Frederick County Sanitation Authority Address: P.O. Box 1877 Winchester, VA 22604 Telephone: 540-868-1061 4. Applicant/Agent: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Telephone: 540-667-2139 5. Designer: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Telephone: 540-667-2139 Contact: Ron Mislowsky • 6a. Is this a standard or `minor' site plan? 6b. Is this an original or revised site plan? 7a. Total acreage of parcel to be developed 7b. Total acreage of parcel: 8. Property Information: a) Property Identification Number: b) Current Zoning c) Present Use: d) Proposed Use: e) Adjoining Property Use(s) f) Adjoining Property Identification Number (s) g) Magisterial District (s) 0 Standard X Minor Original X Revised 4.0174 770.61 87-A-103 R5 Vacant Waste water treatment plant Agricultural, vacant, residential 87-A-95, 15, 107, 105, 103A, 86-A-273D, 273C, 223, 218, 27-A-12, 14, 13, 15, 16, 94A-1-1-12, 10-11, 11-20, 93-A-77 Opequon I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature Date' ®` Patton Hams Rust & Associates,pc August 8, 2005 Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Shenandoah Development Crooked Run Wastewater Treatment Plant Dear Mark, PA We've prepared a site plan application for the new wastewater treatment plant at H 1 \ Shenandoah. I've enclosed the application and plans. The plan has already been reviewed for erosion control and building permit and those approvals are in hand. The FCSA and DEQ have also approved these plans for construction. CGRR1SRA'E VW,iNIA OFFIr,f% LASIAAIC:RIR; -�_tlnf.inl, MARrfANG OFFI E; C .I�rnL.f h wo rIll— WEsi VIRGINIA Off,cF ..,rW" . T 4, F r:i As the Frederick County Sanitation Authority is the owner, we've assumed the application fee would be waived. If you have any questions, please do not hesitate to call. Regards, PATTON HARRIS RUST & ASSOCIATES, pc •Ronald A. Mislowsky, P.F-, VP Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.fredericl_va.ns Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Nklnchestcr, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That 1(We) (Name)Oxbridge Developments (Phone) 301-294-4150 (Address) 600 Jefferson Plaza Suite 550 Rockville MD 20852 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by instrument No.22116 _ on PageYR 2004 and is described as Parcel:103 Lot: Block:A Section:87 Subdivision: do hereby make, constitute and appoint: (Namc)Ronald A Mislowsky PHRA Phone: 540-667-2139 (Address)l 17 E. Piccadilly Street Suite 200 Winchester VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thcreof,�,(v e) h Signature(s) my (our) hand and seal this / 4--day of S,�L PT, 200 M,4 , yc 14IV State of Virgirria, G+y/Count f 1 i ni e a 6_1 r--o ,e c e 's ,To -wit: 1 / 64 ra W i i SQ AJ Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this day of s Ad___I_—- 6- /- Z'd E6b0-999-ObS 2131S3HOWIf'1 21Hd pSE �b0 SO ET daS • .i �� 1 The following information must be included on your site plan. If your site plan is incomplete or is missing information, it will not be reviewed and returned to you for revisions. Administrative Information Y N 1. Name of proposed development. 2. Name, address, and phone number of owner. 3. Name, address, and phone number of developer. ✓ 4. Name, address, and phone number of designer. 5. Certificate of surveyor, engineer, or architect. 6. Date plan prepared and date of revisions. 7. A listing of all conditions placed on the site as a result of a conditional use permit or conditional zoning approval. 8. A space labeled "Approved by the Zoning Administrator" for the approval signature and date of approval. 1 p� 9. A description of setbacks or conditions placed on the site as a result of a variance approval. (Reference the variance application number.) General Site Information Y N 10. Location map (scale 1:2000) 11. Magisterial District 12. Scale of site plan (not to exceed 1:50) 13. North Arrow 14. Zoning of site 15. Use, zoning, and Property Identification Number (PIN#) of all adjoining properties. This includes properties located across right-of-ways, streams, and railroad tracks. 16. Surveyed boundaries for all lots and parcels. -- R-L6' O co—) ( �a 9 General Site (con't) Y N _LG Buildina Information • 1 17. Acreage of all lots included in the plan. 18. The location and dimensions of all required setbacks and yard areas. 19. The location and type of all dwelling units. 20. Location and description of all recreation facilities. 21. Location of sidewalks and pedestrian ways. 22. Location and area of common open space. 23. The location, height, and dimensions of all signs. Location, height, and specifications of outdoor lighting fixtures. 5. Location and nature of outdoor storage areas. 26. Location of outdoor trash receptacles and dimensions of structure (fencing, etc.) required to enclose receptacles. Y N 27. The height of all buildings and structures. 28. Location of all buildings, structures and uses. ✓ 29. The proposed use of each building, structure and area. 30. Ground floor area and total floor area of all buildings with FAR calculations for commercial and industrial zoning districts. Roads Y N 31. Name and number of existing and planned streets on and adjoining the site. 32. Location of existing and planned streets on and adjoining the site. ✓ 33. Posted speed limit of existing adjacent roads. � 34. Location and dimensions of all proposed entrances from public right-of-ways. H Utilities Y N 0 35. Location of all entrances on adjoining roads within 200 feet of the proposed or existing entrance. 36. Dimensions, boundaries, width, pavement, and construction of planned roads. 37. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals. 38. Location and width of all easements, including access, utility, and drainage easements. 39. Location and nature of fire lanes, fire hydrants, and all other facilities necessary to meet Fire Code requirements. Parkins Y N ✓ 40. Calculations describing the required number of parking and loading spaces. 41. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing and other features to be used. 42. Location and dimension of all disabled parking spaces and ramps. Natural Features Y N Existing and finished contour lines. _IL 44. Location of steep slopes, woodlands, floodplains, wetlands, sinkholes, and other environmental features. F-000� _ 45. Location of streams and drainage ways. 71 0 i J Landscaping Y N 47. Erosion and Sediment Control Y N Landscaping plan describing location and types of plants to be used. Location of required buffers and screening with cross sections or profiles. 48. A stormwater management plan with run off calculations and location and description of facilities to be used. 49. Soil erosion and sedimentation control plan describing the location and methods to be used to minimize erosion and sedimentation during development. 12 Patton Hams Rust & Associe, pc • Engineers, Surveyurs, Planners, Landscape Architects i East Piccadilly Street, Suite 200 R+AWinchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 Memorandum To: Candice Perkins Organization/Company: Frederick County Planning From: Ron Mislows Date: September 15, 15& Project Name/Subject: Crooked Run VAM PHR+A Project file Number: cc: Bassim Kattan We've revised the plans per your continents. The changes are: 1. The expiration date has been changed. 2. The setbacks have been corrected. 3. A note concerning underground utilities has been added. 4. The flood plain elevation is shown on sheet 3. 5. The building sizes are shown. 6. Crappie Drive is noted as "Private". 7. Curbing is provided at the parking. Please note vehicular access is required to the oxidation ditches. 8. We've noted the landscape screen is shown on sheet 3. 9. We've revised the Forsythias to a deciduous tree. 10. A plan with the on site piping is provided as sheet 4A. Also, please note: The chain link security fence with barbed wire is required by DEQ. The asphalt sidewalk is acceptable per direction of Mr. Cheran. The limited Power of Attomey form is provided. Let me know if you have other questions.