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HomeMy Public PortalAbout2009_07_14_R083 - Fricols Sewage Disposal The Town of Leesburg, Virginia PRESENTED July 14, 2009 RESOLUTION NO. 2009-083 ADOPTED: July 14,2009 A RESOLUTION: AUTHORIZING AN AGREEMENT WITH FRICOLS, LC, REGARDING SEWAGE DISPOSAL ON THE PROPERTY KNOWN AS PARCEL I-A, CBRE HOLDING COMPANY SUBDIVISION WHEREAS, Fricols, LC, is the owner of a 32.32 acre tract of land (Parcell-A, CBRE Holding Company Subdivision; Loudoun County PIN 150007663) situated outside the corporate limits of the Town of Leesburg but within the service area to be served in the future by the Town's utility systems in accordance with policies adopted by Loudoun County and the Town; and WHEREAS, by Resolution number 2006-16 adopted January 24,2006, the Town authorized connection of the Fricols, LC, property to the planned Lower Sycolin/Tuscarora Creek Sewer subject to certain conditions set out in the Resolution; and WHEREAS, the Blake Landscapes Office and Operations Center at 42034 Cochran Mill Road, Leesburg, situated on approximately ten acres of the Fricols, LC, property utilizes a "pump and haul" system for sewage disposal under Sewage Disposal Permit No. T80143170001 authorized by the Loudoun County Board of Supervisors on March 20, 2007; and WHEREAS, Pursuant to Section 12V AC 5-610-420 of the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations, July 1, 2000, Fricols, LC, applied March 11,2009, to the Virginia Department of Health for a sewage pump and haul permit to serve a proposed commercial office to be developed on its remaining acreage by a subdivision application to the Loudoun County on property at 42034 Cochran Mill Road, Leesburg; and - 2 - A RESOLUTION: AUTHORIZING AN AGREEMENT WITH FRICOLS, LC, REGARDING SEW AGE DISPOSAL ON THE PROPERTY KNOWN AS PARCEL I-A, CBRE HOLDING COMPANY SUBDIVISION WHEREAS, Section 12V AC 5-610-440 of the said regulations authorizes issuance of permits of sewage disposal utilizing pump and haul systems after "concurrence of the local political subdivision"; and WHEREAS, the Loudoun County Board of Supervisors Transportation and Land Use Committee on May 26,2009, unanimously recommended approval of the said permit; and WHEREAS, the Town seeks assurance from Fricols, LC, that it will connect its property and subdivisions thereof to the Lower Sycolin/Tuscarora Creek Sewer and abandon use of the pump and haul system for sewage disposal within a reasonable time after completion of the sewer; and WHEREAS, Fricols, LC, intends and desires to connect facilities on its property to the Lower Sycolin/Tuscarora Creek Sewer when the sewer is available. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Concurrence of the Loudoun County Board of Supervisors to issuance of a "pump and haul" permit as described in the March 11,2009, application made by Fricols, LC, to the Virginia Department of Health is acceptable to the Town with an expiration date of six(6) months after the availability of public sewer. SECTION II. The Town Manager is authorized and directed to execute an agreement on a form prepared by town attorney with Fricols, LC, with the following terms and conditions: a. Fricols, LC, understands and agrees that a condition of the proposed "pump and haul" permit to be issued by the Commonwealth of Virginia Department of Health is that it - 3 - A RESOLUTION: AUTHORIZING AN AGREEMENT WITH FRICOLS, LC, REGARDING SEWAGE DISPOSAL ON THE PROPERTY KNOWN AS PARCEL I-A, CBRE HOLDING COMPANY SUBDIVISION will abandon use of "pump and haul" system from both facilities and connect sanitary sewer facilities on Parcel I-A CBRE Holding Company Subdivision to the Lower Sycolin/Tuscarora Creek Sewer within six month of its completion and availability for connection; and, further, Fricols, LC, understands and agrees that the Town will recommend to the Loudoun County Board of Supervisors revocation of the permit six months from the date Town facilities are completed and available to the property. b. The Town will assist Fricols, LC, in the acquisition of easements required for connection of the said property to the Lower Sycolin/Tuscarora Creek Sewer. c. That the connection of improvements to Parcel I-A CBRE Holding Company Subdivision will be subject to the Town's policies and procedures with respect to availability fees, pro-rata fees and service charges and, further, that the cost of construction of the necessary utility infrastructure to connect with the Town's sewer system will be borne by the Fricols, LC. PASSED this 14th day of July, 2009. ~d~ Town of Leesburg RFricols2009