§ 8E-9. Creation of Districts/Additions to Districts.

8E-9-1 Requirements for creation of district:

Any owner or owners of land may submit an application to the Board of Supervisors for the creation of a district within Culpeper County. Any application must be submitted no later than November 1st of each calendar year. Each district shall have a core of no less than two hundred (200) acres in one (1) parcel or in contiguous parcels. A parcel not part of the core may be included in such district if the nearest boundary of such parcel is within one (1) mile of the boundary of the core, or if it is contiguous to a parcel in the district the nearest boundary of which is within one (1) mile of the boundary of the core. No land shall be included in any district without the signature on such application, or the written approval of all owners thereof.
(Ord. of 12-1-1998)

Editor's note— Ord. of 12-1-1998 added the November 1st deadline to this section.

8E-9-2 Application process:

Upon the receipt of an application for a district or for an addition to an existing district, the Board of Supervisors shall refer such application to the Planning Commission which shall:

8E-9-2.1 Provide notice of such application by publishing a notice in a newspaper having general circulation within the district and by providing for the posting of such notice in five (5) conspicuous places within the district. In addition, the adjacent property owners as shown on the maps of Culpeper County used for tax assessment purposes shall be notified by first-class mail. The notice shall contain:

a.

A statement that an application for a district or an addition to a district has been filed with the Board of Supervisors and referred to the Planning Commission pursuant to this Article;

b.

A statement that the application will be on file open to public inspection in the department of development;

c.

Where applicable, a statement that any political subdivision whose territory encompasses or is part of the district may propose a modification which must be filed with the Planning Commission within thirty (30) days of the date that the notice is first published;

d.

A statement that any owner of additional qualifying land may join the application within thirty (30) days from the date that the notice is first published, or, with the consent of the Board of Supervisors, at any time before the public hearing that the Board of Supervisors must hold on the application;

e.

A statement that any owner who joined in the application may withdraw his/her land, in whole or in part, by written notice filed with the Board of Supervisors, at any time before the Board of Supervisors acts pursuant to § 15.2-4309 of the Code of Virginia and Article 8E-9-2.4 of the Culpeper County Code;

f.

A statement that additional qualifying lands may be added to an already created district at any time upon separate application pursuant to this Article;

g.

A statement that the application and proposed modifications will be submitted to the Advisory Committee; and

h.

A statement that, upon receipt of the report of the Advisory Committee, a public hearing will be held by the Planning Commission on the application and any proposed modifications.
(Ord. of 12-1-1998)

Editor's note— Amendment of 12-1-1998 added Subsections a. through h. to this section 8E-9-2.1

8E-9-2.2 Refer such application and proposed modifications to the Advisory Committee, which shall review and make its recommendations concerning the application and proposed modifications to the Planning Commission.
(Ord. of 12-1-1998)

Editor's note— Amendment of 12-1-1998 removed references to time periods and modified the language of this section.

8E-9-2.3 Hold a public hearing as prescribed by law and report its recommendations to the Board of Supervisors, including, but not limited to, the potential effect of the district and proposed modifications upon planning policies and objectives. Prior to conducting the public hearing and making recommendations, the Planning Commission shall publish a notice describing the district or addition, any proposed modifications and any recommendations of the Planning Commission and the Advisory Committee in a newspaper having a general circulation within the district and send notice by first class mail to those political subdivisions and adjacent property owners.
(Ord. of 12-1-1998)

Editor's note— Amendment of 12-1-1998 removed references to time periods and modified the language of this section.

8E-9-2.4 The Board of Supervisors, after receiving the report of the Planning Commission and the Advisory Committee, shall give proper public notice and notification to landowners as provided by § 15.2-4309 of the Code of Virginia, hold a public hearing as provided by law, and after such public hearing, may by ordinance create the district or add land to an existing district as applied for, or with any modifications it deems appropriate. Every district created hereunder shall have a core of no less than two hundred (200) acres in one (1) parcel or in contiguous parcels. The Board of Supervisors must take action on an application no later than May 1st of the year following the year of application.
(Ord. of 12-1-1998)

Editor's note— Amendment of 12-1-1998 added the phrase "give proper public notice and notification to landowners as provided by § 15.2-4309 of the Code of Virginia" to the first sentence, and specified that creation of or addition to districts shall be done by ordinance. The amendment also added the last sentence of this section.

Editor's note

Amendment of 12-1-1998 added the phrase "give proper public notice and notification to landowners as provided by § 15.2-4309 of the Code of Virginia" to the first sentence, and specified that creation of or addition to districts shall be done by ordinance. The amendment also added the last sentence of this section.