DPWES Letters to Industry


Land Development Services
12055 Government Center Parkway
Fairfax, Virginia 22035
703-324-1780, TTY 711

October 29, 2004
04-19

Resource Protection Area Exceptions and Waivers to Permit Underground Detention in Residential Areas Considered in Conjunction with Rezonings and Special Exceptions

The purpose of this letter is to provide guidance with respect to submission requirements for Resource Protection Area Exceptions (RPAE) and waivers to permit underground detention in residential areas to be considered by the Board of Supervisors concurrently with rezoning and special exception applications pursuant to Section 118-6-1 of the Chesapeake Bay Preservation Ordinance and Section 6-0303.8 of the Public Facilities Manual respectively.

Requests for RPAEs are to be submitted to the Department of Public Works and Environmental Services (DPWES) at the Plan and Document Control counter, located on the 5th floor of the Herrity Building. The information identified below must be submitted in addition to the requisite review fee.

(a) Four copies of an application form provided by the Director and completed and signed by the applicant. Application forms are available at the Plan and Document Control counter and will be available on the County's website in the near future.

(b) Four copies of a Water Quality Impact Assessment that contains the components of Section 118-4-3 (a) through (g) of the Chesapeake Bay Preservation Ordinance. To facilitate reproduction, at least one copy must be unbound.

(c) Fourteen copies of a plat that meets the submission requirements of Paragraph 2 of Section 9-011 of the Zoning Ordinance, and one unbound 8.5 inch x 11 inch reduction of the plat that is suitable for reproduction. These copies are in addition to the copies submitted to the Department of Planning and Zoning for the related rezoning or special exception application.

(d) Photographs of the property showing existing structures, terrain and vegetation.

(e) Four copies of a map identifying classification of soil types, at a scale of one inch equals 500 feet, covering an area at least 500 feet beyond the perimeter of the proposed development.

(f) A statement of justification which addresses how the proposed development complies with the factors set forth in Sections 118-6-6(a) through (f) of the Chesapeake Bay Preservation Ordinance and the applicable criteria for the specific RPAE request category pursuant to Sections 118-6-7, 118-6-8 and 118-6-9.

Requests for waivers to permit underground detention in residential areas are also to be submitted to the Plan and Document Control counter. The information identified below must be submitted in addition to the requisite review fee.

(a) A statement of justification that describes the type, materials, size and location of underground facility proposed, and addresses safety, environment, and maintenance burden to the individual members of the homeowners or condominium owners association as expressed in dollars per year per residential unit (the parameters used in the calculation of this figure must be provided including details of yearly costs and the number of units).

(b) A cost estimate for the construction of the facility.

(c) A cost estimate and schedule of the required routine maintenance associated with the proposed facility.

(d) A schematic or exhibit that depicts the proposed facility.

(e) Two copies of the development plan and/or special exception plat.

(f) A copy of the draft proffer statements proposed by the applicant.

In order to avoid delays in the processing of the associated rezoning and/or special exception application, it is imperative that the need for an RPAE and/or waiver to permit underground detention in residential areas be determined and submission of a complete application to DPWES occur concurrently with the submission of the zoning application to the Department of Planning and Zoning (DPZ). Failure to submit such requests concurrently will likely result in a delay in the processing of the zoning application, as the staff recommendation on the zoning application is typically affected by the DPWES evaluation of these requests. In addition, the staff report on the zoning application that goes to the Planning Commission and Board of Supervisors needs to contain the DPWES analysis of the requests.

Staff is available to meet with applicants prior to submission to discuss questions and concerns about a potential RPAE or waiver of underground detention. Requests for pre-submission meetings should be coordinated through the Zoning Evaluation Division, DPZ or through the applicable Chief Stormwater Engineer in the Environmental and Site Review Division, DPWES. It is also imperative that any revised plans be submitted to DPWES if changes to the development plan and/or special exception plat occur during the processing of the zoning application, as changes may affect the RPAE/underground detention request. Such changes must be received a minimum of six weeks prior to the scheduled public hearing before the Planning Commission, so that the materials, staff findings, and staff recommendations may be included in the staff report for the zoning application.

If you have any questions or need additional information about submission requirements, please call Plan and Document Control at 703-324-1730, TTY 711.


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