Amendment to the Subdivision Ordinance

1
Board of Supervisors
Jack R. Cavalier, Chairman
Gary F. Snellings, Vice Chairman
Meg Bohmke
Paul V. Milde, III
Laura A. Sellers
Cord A. Sterling
Robert “Bob” Thomas, Jr.
Anthony J. Romanello, ICMA‐CM
County Administrator
October 8, 2014
MEMORANDUM TO:
Stafford County Planning Commission
FROM:
J
SUBJECT:
Amendment to the Subdivision Ordinance; Community Drainfields
ATTACHMENTS:
1.
Resolution R14-201
2.
Proposed Ordinance O14-31
ISSUE:
Consider an amendment to the County’s Subdivision Ordinance regarding community drainfields.
BACKGROUND:
The subdivision ordinance allows lots to be developed on private on-site sewage disposal systems (septic
drainfields). County Code Sec. 22-118, Water and sewer, (4)(g) requires Board of Supervisors approval
for the use of all community sewage disposal systems (community drainfields). Community drainfields
are designed to serve rural subdivisions that have insufficient soils to allow individual septic drainfields.
Community drainfields would typically be located in a subdivision’s common open space areas, owned
and operated by a homeowners association.
Virginia Code § 15.2-2157(C) states that localities shall not prohibit the use of alternative onsite sewage
systems (AOSS) that have been approved by the Virginia Department of Health. The subdivision
ordinance requires the Virginia Department of Health to approve the location and design of on-site
sewage disposal systems prior to approval of a subdivision plat where public sewer utilities are not
utilized. Virginia Code § 15.2-2157(D) further restricts the County from requiring maintenance standards
for AOSS. Under Virginia Code § 32.1-164 and 12VAC5-613-10, a community drainfield is an AOSS
and any system that serves more than three homes is classified as a large AOSS.
The current County regulation, Sec. 22-118(a)(g), requires Board of Supervisors approval for community
drainfields which is ineffective since the County cannot prohibit the use or impose maintenance
requirements on an AOSS where public sewer is not available. Community drainfields are defined as
1300 Courthouse Road, P. O. Box 339, Staﬀord, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staﬀordcountyva.gov
Memorandum to: Stafford County Planning Commission
October 8, 2014
Page 2 of 2
large AOSS, and the AOSS has to be approved by the Virginia Department of Health. Proposed
Ordinance O14-31 would eliminate language requiring Board of Supervisors approval of community
drainfields.
At its meeting on August 19, 2014, the Board of Supervisors referred proposed Ordinance O14-31
(Attachment 2) to the Planning Commission for a public hearing and recommendations by adopting
Resolution R14-201 (Attachment 1).
A public hearing was authorized by the Planning Commission at its September 10, 2014 meeting. The
time limit for the Planning Commission to make a recommendation is November 17, 2014.
RECOMMENDATION:
Staff recommends adoption of proposed Ordinance O14-31.
JAH:akh
Attachments (2)
Attachment 1
Page 1 of 2
Attachment 1
Page 2 of 2
Attachment 2
Page 1 of 2
O14-31
PROPOSED
BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA
ORDINANCE
At a regular meeting of the Stafford County Board of Supervisors (the Board) held in
the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on
the on the day of
, 2014:
---------------------------------------------------------------------------------------------------------MEMBERS:
VOTE:
Jack R. Cavalier, Chairman
Gary F. Snellings, Vice Chairman
Meg Bohmke
Paul V. Milde III
Laura A. Sellers
Cord A. Sterling
Robert “Bob” Thomas, Jr.
---------------------------------------------------------------------------------------------------------On motion of , seconded by , which carried by a vote of , the following was adopted:
AN ORDINANCE TO AMEND AND REORDAIN STAFFORD
COUNTY CODE SEC. 22-118, “WATER AND SEWER”, TO
ELIMINATE THE REQUIREMENT FOR BOARD OF SUPERVISORS’
APPROVAL OF THE USE OF COMMUNITY SEWAGE DISPOSAL
SYSTEMS FOR SUBDIVISIONS
WHEREAS, County Code Sec. 22-118(4)(g) requires the Board to approve the
use of community sewage disposal systems (community drainfields) for new
subdivisions; and
WHEREAS, Under Virginia Code §15.2-2157, the County shall not prohibit the
use of, nor require maintenance standards for, alternative onsite sewage disposal
systems (AOSS); and
WHEREAS, Virginia Administrative Code Section 12VAC5-613-10 defines a
community drainfield as a large AOSS; and
WHEREAS, the Board finds that Virginia Code §15.2-5157 renders the County
Code Sec. 22-118(a)(g) to be ineffective; and
WHEREAS, the Board conducted a public hearing and carefully considered the
recommendations of the Planning Commission and staff, and the testimony, if any, at
the public hearing; and
Attachment 2
Page 2 of 2
O14-31
Page 2
WHEREAS, the Board finds that this Ordinance is consistent with good
planning practice;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of
Supervisors on this the day of
, 2014, that Stafford County Code Sec. 28-118,
“Water and Sewer”, be and it hereby is amended and reordained as follows, with all
other portions remaining unchanged:
Sec. 22-118. Water and Sewer.
The following requirements apply to the provision of water and sewer:
(4)
On-site sewage disposal systems:
g.
The board of supervisors shall approve the use of all
community sewage disposal systems.
h g. These standards are in addition to those contained in section
25-165 of the County Code regulating utilities.
;and
BE IT FURTHER ORDAINED that this Ordinance shall become effective upon
adoption.
AJR:JAH:akh

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