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
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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
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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.
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Town of Leesburg
RFricols2009