8E-1-1 Intent:

It is the intent of this Article to conserve and protect and to encourage the development and improvement of agricultural and forestal lands for the production of food and other agricultural and forestal products. It is also County policy to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open spaces, for clean airsheds, watershed protection, wildlife habitat, as well as for aesthetic purposes. It is the purpose of this Article to provide a means by which agricultural and forestal land may be protected and enhanced as a viable segment of the County's economy and as an economic and environmental resource of major importance. As such, this Article is intended to ensure that agricultural and forestal districts are taken into account in the consideration of any decisions which would potentially impact agricultural and forestal lands.

For the purposes of this Article:

8E-2-1 Advisory Committee:

The Agricultural and Forestal District Advisory Committee as appointed by the Board of Supervisors of Culpeper County.

8E-2-2 Agricultural and Forestal District:

Any property enrolled in such a district as prescribed in § 15.2-4305 of the Code of Virginia and as recognized by the County of Culpeper.

8E-2-3 Buffer:

An area inside of the boundaries of a property running parallel to the property lines which must be left free of any structures, principal or accessory.

8E-2-4 Buffer, undisturbed:

A buffer as defined above, but which shall be left in its natural vegetative state and which shall be free of any improvements including roads. However, fences, berms, and additional vegetation shall be allowed. Maintenance such as mowing grassy areas to prevent the establishment and spread of noxious weeds and grasses, and the removal and/or replacement of dead and diseased trees shall be permitted within an undisturbed buffer.

(Ord. of 6-5-2007(4))

8E-3-1 Establishment; purpose:

The Advisory Committee is established by the Board of Supervisors in accordance with § 15.2-4304 of the Code of Virginia. The Committee shall advise the Board of Supervisors and the Planning Commission in relation to the proposed establishment, modification, and termination of agricultural and forestal districts. The Committee input shall provide expert advice relating to the desirability of the proposed action, including advice as to the nature of farming and forestry within the proposed district or addition and the relation of such activities in the proposed district or addition to the entire County.

In addition to advising the Planning Commission and the Board of Supervisors with regard to the establishment, modification, and termination of agricultural and forestal districts, the Advisory Committee shall make recommendations regarding the impact of non-agricultural land uses on adjacent land which is in an agricultural and forestal district. The Planning Commission and/or Board may seek such advice by special referral of land use applications to the Advisory Committee, or as required by this Article.

8E-4-1 When applicable:

The provisions of this Article shall be applicable whenever any land use application is submitted for property which is adjacent to land in an agricultural and forestal district, or separated only by a body of water or a public or private road or highway.

8E-5-1 Impact:

The land use application shall be approved or denied only after the impact on the adjacent agricultural and forestal district has been taken into consideration. In considering such impact, at least the following concerns shall be taken into account:

8E-5-1.1 Development of agricultural and forestal lands;

8E-5-1.2 Protection and preservation of clean air sheds;

8E-5-1.3 Protection and preservation of watersheds;

8E-5-1.4 Protection and preservation of wildlife habitats;

8E-5-1.5 Protection and preservation of the aesthetics of an agrarian community;

8E-5-1.6 Protection and enhancement of agriculture and forestry as viable segments of the economy;

8E-5-1.7 Protection and enhancement of agriculture and forestry as environmental resources; and

8E-5-1.8 The purposes of this Article.

8E-6-1 Mandatory Referrals:

The following land use applications shall be approved or denied only after the Advisory Committee has considered the impact of the land use on the district:

8E-6-1.1 Minor subdivisions as defined in the Culpeper County Subdivision Ordinance.

8E-6-1.2 Major subdivisions as defined in Culpeper County Subdivision Ordinance.

8E-6-1.3 Official amendments to the Culpeper County Zoning Map.

8E-6-2 Discretionary Referrals:

The following land use applications may be referred to the Advisory Committee for consideration of the impacts upon the district at the discretion of either the Board of Supervisors, the Planning Commission, or at the discretion of the zoning administrator:

8E-6-2.1 Use permits governed by Article 17 of this Ordinance.

8E-6-2.2 Comprehensive Plan amendments.

8E-6-2.3 Site Plans as per Article 20 of this Ordinance.

8E-6-2.4 Variances.

8E-6-2.5 Other land use, zoning or planning applications.

In any event, the zoning administrator, Planning Commission, Planning Director, board of zoning appeals, Board of Supervisors or other County official making a decision which is subject to this ordinance shall take into account the adjacent agricultural and forestal district.

8E-7-1 Power/Role of the Advisory Committee:

The Advisory Committee may recommend that buffers and/or other protection measures be incorporated into the proposed adjacent land use.

8E-7-2 Consideration of Impact on Land Use:

The Advisory Committee, in making recommendation for any buffer or other protection measure, shall clearly state the reasons for such recommendation and indicate how the buffer or other protective measure will serve the purposes of this Article. In making a recommendation that includes buffers, the Advisory Committee shall take into account the size of the buffer and the impact upon the property which is subject to the land use application to insure that such property maintains viability for the uses deemed appropriate.

8E-7-2.1 Minor Subdivisions: Buffers and protection measures recommended by the Advisory Committee for minor subdivisions shall be forwarded to the zoning administrator, who shall have authority to determine what shall be required, provided that if the applicant objects to the buffer or other protection measure on the grounds that it is so onerous as to make the property unusable for the desired purpose or creates an unnecessary burden of cost, then the applicant may appeal to the Board of zoning appeals.

8E-7-2.2 Major Subdivisions, Use Permits, and Rezonings: Buffers and protection measures recommended by the Advisory Committee for major subdivisions, use permits, and rezoning applications shall be sent forward for further consideration by the Planning Commission and finally, by the Board of Supervisors. The Board of Supervisors shall have the final authority to impose any such buffers or protection measures.

8E-7-2.3 Site Plans: When considering site plans, the Planning Commission may impose buffers or other protection measures according to the provisions of this Article.

8E-7-2.4 Other Land Use Decisions: Any official(s) making a land use decision shall take into account any adjacent agricultural and forestal district.

8E-7-3 Maximum Buffer Sites:

The following table shall serve as a guideline for requiring buffers. The table indicates the maximum buffer which can be required. Smaller buffers may be specified where appropriate.

8E-7-4 Other Protection Measures:

As an alternative to buffers, or as an additional requirement, the following may be imposed as a means of serving the purposes of this Article.

8E-7-4.1 Fences;

8E-7-4.2 Berms;

8E-7-4.3 Landscaping;

8E-7-4.4 Covenants and Easements;

8E-7-4.5 Denial of Application.

8E-7-5 Where buffers may be imposed:

Buffers and protection measures may be imposed only on the property of the applicant and only along those boundary or property lines which are shared by property in which an agricultural and forestal district is adjacent, or separated only by a body of water or a public or private road or highway.

8E-7-6 Covenants and easements:

Where covenants or easements are recorded which ensure that a buffer remain undisturbed, or where the buffer is enhanced by additional landscaping, fencing, or berming, the Advisory Committee shall take such enhancement into account and may reduce the required buffer accordingly.

8E-8-1 Buffers shall not outlast district:

Any buffer imposed upon a property as a result of its adjacency to an agricultural and forestal district shall cease to remain in effect after the agricultural and forestal district ceases to exist. A required buffer shall become null and void only after the adjoining property in the agricultural and forestal district is withdrawn from such district or the district is terminated. In order to make a buffer null and void, the owner of the property subject to the buffer must request that the zoning administrator verify that the conditions in this section have occurred. If they have, and if there is a plat or record which reflects the buffer, the owner must record a plat which indicates the removal of the buffer. Approval of such plat by the zoning administrator shall be required prior to recordation.

(Ord. of 11-4-2015(1))

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.

8E-10-1 Considerations:

Land being considered for inclusion in a district may be evaluated by the Advisory Committee and the Planning Commission through the Virginia Land Evaluation and Site Assessment (LESA) System. The following factors should be considered by the Planning Commission and the Advisory Committee, and at any public hearing when an application that has been filed is being considered:

8E-10-1.1 The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto;

8E-10-1.2 The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production;

8E-10-1.3 The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto;

8E-10-1.4 Local developmental patterns and needs;

8E-10-1.5 The Comprehensive Plan and, if applicable, the zoning regulations;

8E-10-1.6 The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and

8E-10-1.7 Any other matter which may be relevant.

In judging the agricultural and forestal significance of land, any relevant agricultural or forestal maps may be considered, as well as soil, climate, topography, other natural factors, markets for agricultural and forestal products, the extent and nature of farm structures, the present status of agriculture and forestry, anticipated trends in agricultural economic conditions and such other factors as may be relevant.

8E-11-1 Review time period:

Agricultural and Forestal Districts shall be reviewed every eight (8) years. Review of any District should start at least ninety (90) days prior to the expiration of the eight (8) year period.
(Ord. of 12-1-1998)

Editor's note— Amendment of 12-1-1998 changed the start time from one hundred twenty (120) days prior to the expiration of the eight-year period to ninety (90) days prior.

8E-11-2 Recommendations:

The Board of Supervisors shall seek recommendations from the Planning Commission and the Advisory Committee in conjunction with such reviews.

8E-11-3 Advertisement and notification:

The Planning Commission shall schedule as part of the review a public meeting with the landowners, and shall send by first-class mail a written notice of the meeting and review to all owners of land within the district. The notice shall state the time and place for such meeting; that the district is being reviewed and may be continued, modified, or terminated; and that land may be withdrawn from the district at the owner's discretion by filing a written notice with the Board of Supervisors at any time before such body acts to continue, modify or terminate the district. The Board of Supervisors shall hold a public hearing as provided by law.
(Ord. of 5-6-1997)

Editor's note— Ordinance of 5-6-1997 amended this section to conform to state law.

8E-11-4 Actions following review:

Following review of any district, the Board may, by ordinance, continue, modify, or terminate the District. Whenever a district is reviewed, land may be withdrawn at the owner's discretion by filing a written notice to the Board of Supervisors prior to Board action regarding the district. Failure to submit written notice to withdraw in a timely manner will result in continuation of the district unless the Board excludes property through modification or termination of the district.

The Board of Supervisors may stipulate conditions to continuation of the district and may establish a period before the next review of the district, which may be different from the conditions or period established when the district was created. Any such different conditions or period shall be described in a notice sent by first-class mail to all landowners in the district and published in a newspaper having a general circulation within the district at least two (2) weeks prior to adoption of the ordinance continuing the district.
(Ords. of 5-6-1997; 12-1-1998)

Editor's note— Amendment of 5-6-1997 amended this section to conform to state law. Amendment of 12-1-1998 added the words "by ordinance" in the first sentence of the first paragraph.

8E-11-5 Repealed.

Editor's note— Former § 8E-11-5 dealt with discretionary review and was repealed.

(Ord. of 8-5-1997)

8E-12-1 At owners request:

At any time after the creation of a district, any owner of land lying within the district may file a written request with the Board of Supervisors to withdraw all or part of such land from the district for good and reasonable cause. The Board of Supervisors shall refer the request to the Planning Commission and the Advisory Committee for their recommendations. Public hearings shall be held by both the Planning Commission and the Board of Supervisors.

8E-12-2 Upon death of owner:

Upon the death of a property owner, any heir, devisee, surviving tenant in common, or the personal representative of the sole owner of any fee simple interest in land lying within the district shall, as a matter or right, be entitled to withdraw such land from the district upon the inheritance or descent of such land provided that such heir, devisee, personal representative, or surviving tenant in common files written notice of withdrawal with the Board of Supervisors and the County Assessor within two (2) years of the date of death.

(Ord. of 6-1-2010, § (2))

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.

8E-14-1 Compliance:

Notwithstanding the provisions of this Article, all actions pertaining to agricultural and forestal districts shall be in compliance with Chapter 43 of Title 15.2 of the Code of Virginia, as may be amended from time to time.