DPWES Letters to Industry

Land Development Services
12055 Government Center Parkway
Fairfax, Virginia 22035-5503
703-324-1780, TTY 711

March 9, 2005

Site Plan Expiration

The purpose of this letter is to remind industry professionals that, in accordance with Section 17-110 of the Fairfax County Zoning Ordinance, site plans approved after January 1, 1992, are valid for a period of five (5) years from the date of approval. Thereafter, a site plan may be extended beyond the five year period if an extension request is approved by the Director, or if a Building Permit has been obtained for such site plan before expiration of the approved site plan and the Building Permit remains current.

It has recently come to the attention of county staff that developers are seeking to extend bond and development agreements without regard to whether the underlying site plan has expired. Please be advised that bonds, letter of credits, set-aside agreements, and development agreements can not be extended if the underlying site plan has expired, and similarly, new Building Permits can not be issued if the associated site plan has expired. Once a site plan has expired, the only recourse available is submission of a new site plan to Plan and Document Control for review and approval. Accordingly, you and/or your clients must ensure that site plan extension requests are made in a timely manner, and in accordance with the requirements described in Section 17-111 of the Zoning Ordinance.

Please note that pursuant to Zoning Ordinance § 17-111, a request for a site plan extension must be filed in writing with the Director within forty-five (45) days prior to the expiration date of the approved site plan or minor site plan. All written extension requests should be submitted to Plan and Document Control, Land Development Services, 12055 Government Center Parkway, Fairfax, Virginia 22035-5503. Failure to apply for an extension prior to the expiration date of the site plan shall cause the site plan or minor site plan approval to expire without notice on the expiration date. If the request is timely filed, the site plan shall remain valid until the extension request is acted upon by the Director.

County Staff is reviewing the relevant provisions in the Zoning Ordinance to develop recommendations for amendments to clarify and possibly enhance the flexibility of the existing expiration and extension process.

Please contact the Environmental and Site Review Division at 703-324-1720, TTY 711 if you have any questions regarding the status of your site plan or site plan extension request and Plan and Document Control at 703-324-1730, TTY 711 if you have any questions regarding site plan submission requirements.

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