§ 8E-13. Development of Property in Districts.

8E-13-1 More intensive uses prohibited without Board approval:

Any parcel within an Agricultural and Forestal District shall not, without the prior approval of the Board of Supervisors, be developed to any more intensive use other than uses resulting in more intensive agricultural or forestal production, during the period which said parcel remains within the district. Construction and placement of dwellings for persons who earn a substantial part of their livelihood from a farm or forestry operations on the same property, or for members of the immediate family of the owner, and divisions of parcels for such family members, shall not be prohibited as a more intensive use. All other types of subdivision shall be considered a more intensive use unless the division results only in parcels greater than fifty (50) acres in size.

8E-13-2 Acquisition of land within Districts by agencies of the Commonwealth of Virginia or any political subdivision.

8E-13-2.1 At Acquiring Party's Request:

Pursuant to section 15.2-4313(A) of the Code of Virginia, any agency of the Commonwealth or any political subdivision which intends to acquire land or any interest therein by means other than by gift, devise, bequest or grant, or any public service corporation which intends to: (a) acquire land or any interest therein for public utility facilities not subject to approval by the State Corporation Commission, provided that the proposed acquisition in a Culpeper County agricultural and forestry district is in excess of one (1) acre from any one (1) farm or forestry operation, or in excess of ten (10) acres total within the district, or (b) advance a grant, loan, interest subsidy or other funds within a district for the construction of dwellings, commercial or industrial facilities or water or sewer facilities to serve nonfarm structures shall comply with the following:

8E-13-2.1-1 Notify the Board of Supervisors of Culpeper County and all of the owners of land within the district at least ninety (90) days prior to taking any such action. Notice to the landowners shall be sent first class or registered mail and shall state that further information on the proposed action is on file with the Board of Supervisors.

8E-13-2.1-2 As part of such notification to the Board of Supervisors, provide specific information regarding the following:

a.

A map detailing the land proposed to be acquired or on which the proposed dwellings, commercial or industrial facilities, or water or sewer facilities to serve non-farm structures are to be constructed.

b.

An evaluation of anticipated short-term and long-term impacts that the action might have on agriculture and forestry, agricultural and forestal resources, and agricultural and forestal policy, including but not limited to:

1)

How such impacts are proposed to be minimized.

2)

Approximately how much crop and pasture land will be taken out of production? What timber species are impacted and what is their estimated commercial value?

3)

What other alternatives to the proposed action have been looked at, and why was the proposed action chosen as the best alternative? Provide approximate financial, and general environmental comparisons.

4)

An evaluation of any alternatives which would not require action within the district.

c.

The necessity of the action to provide service to the public in the most economical and practicable manner, including but not limited to:

1)

Describe the project in detail, including a breakdown of phases, or potential future phases, if any.

2)

Give an approximate projection of the construction timetable.

3)

Describe the costs (by phase, if applicable) and indicate potential funding sources.

4)

What are the local, regional, and national benefits to be derived from the proposed project. Include items such as traffic flow and safety, enhancement, and any other positive benefits which might be derived.

5)

What businesses and/or residents will be displaced by the project, if any?

6)

All other reasons for the proposed action.

8E-13-2.1-3 The information required in section 8E-13-2.1-2 above shall be provided in the form of a written report and visual aids such as maps, charts, or photographs. Twenty (20) copies of all information shall be submitted.

8E-13-2.2 Review of Acquisition:

8E-13-2.2-1 Upon receipt of a notice filed pursuant to 8E-13-2.1, the Board of Supervisors, in consultation with the Planning Commission and the Advisory Committee, shall review the proposed action and make written findings as to:

a.

The effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district;

b.

The necessity of the proposed action to provide service to the public in the most economical and practical manner; and

c.

Whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impacts on agricultural and forestal resources within the district.

8E-13-2.1-2 If the Board of Supervisors finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety (90) days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of one hundred fifty (150) days from the date the notice was filed; and (ii) hold a public hearing, as prescribed by law, concerning the proposed action. The hearing shall be held where the Board of Supervisors usually meets or at a place otherwise easily accessible to the district. The Board of Supervisors shall publish notice in a newspaper having a general circulation within the district, and mail individual notice of the hearing to the political subdivisions whose territory encompasses or is part of the district and the agency, corporation or political subdivision proposing to take the action. Before the conclusion of the 150 day period, the Board of Supervisors shall issue a final order on the proposed action. Unless the Board of Supervisors, by an affirmative vote of a majority of the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action. If the agency, corporation or political subdivision is aggrieved by the final order of the Board of Supervisors, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located. However, if such public service corporation is regulated by the State Corporation Commission, an appeal shall be to the State Corporation Commission.
(Ords. of 5-6-1997; 12-1-1998)

Editor's note— Amendment of 5-6-1997 adopted this section to require information be provided to the Board of Supervisors along with a notice of an intended acquisition in an Agricultural and Forestal District. Amendment of 12-1-1998 revised Subsection 8E-13-2.1 substantially and added Subsection 8E-13-2.2 to bring this Article into conformance with state law.

Editor's note

Amendment of 5-6-1997 adopted this section to require information be provided to the Board of Supervisors along with a notice of an intended acquisition in an Agricultural and Forestal District. Amendment of 12-1-1998 revised Subsection 8E-13-2.1 substantially and added Subsection 8E-13-2.2 to bring this Article into conformance with state law.