DPWES Letters to Industry


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

July 24, 2006
06-15

Proffer Fulfillment Narratives/Analyses
Standardization of Plan Submission Format


Issue:  Proffer fulfillment narratives/analyses prepared and submitted by private sector professionals with their site and subdivision plans often need more detail and specificity in the narrative's descriptions to clearly identify the following:

  • How, when and where the proffer was, or will be, satisfied
  • Status of proffer "triggers"
  • Deviations from proffers and/or development plans

Background: Plan reviewers are finding that the level of detail in many proffer response narratives is insufficient.  Some submissions consist of short answers such as "shall comply" or "proffer acknowledged", which are not helpful to the reviewer in determining how a proffer was, or will be, ultimately fulfilled.  Reviewers either need to do extensive research independently to determine whether proffers have really been met or interpreted correctly, or they may need to disapprove the plan, either one of which results in delaying the process for engineers and reviewers alike.  Standardizing the submission will reduce time for proffer review and enforcement and will assist staff in identifying issues earlier in the process.

Procedures: Effective September 1, 2006, the following format must be used when submitting proffer narratives/analyses:

  1. Proffer fulfillment narratives must follow the format and numbering system of the proffer statement.  Each portion of the proffer needs to be addressed individually.  If a proffer has subsections (i.e., Proffer 1a., b., c...), each subsection must have a separate response with specific detail about the how, when and where it was or will be fulfilled.  If a subsection will not be met until a later time, please note that and the anticipated timing or event as well.
  2. Please include the following information for improvements and dedications:
    • Improvements
      1. Plan Number and Approval Date, if applicable
    • New Dedications
      1. Plan Number,
      2. Plat Number, or
      3. Deed Book and Page, if recorded.
    • Existing Dedications
      1. Deed Book and Page, or
      2. Route Number
  3. If the proffer has a trigger, note that it is satisfied or provide a current status of the trigger and at what point the proffer is estimated to be completed.  (If the trigger is issuance of RUP's, a tabulation of approved units by plan number will be sufficient.  We recognize that an exact number issued may be difficult for large projects.)
  4. If proffers are associated with multiple plans, please create a matrix illustrating in which plan (i.e., plan name and county number) specific proffers will be fulfilled.  See below:

 

Proffer Narrative Matrix
Proffer # Response and Method Compliance
Associated Plan #, Plat #, or Deed Book and Page Comments
       
       
       

 

In addition, plan reviewers have found it to be helpful when the proffer text and response are placed in a chart or document side by side. Submitting engineers are encouraged to submit their narrative in this format.

We understand that some of these requirements may be difficult or time consuming, particularly for older cases. County staff is working on creating a database to eventually track proffer fulfillment, which will help staff and industry alike in conducting research. Standardizing the narratives will have both short and long-term benefits as we continue to make improvements to our process.

If you have any questions or need additional information, please contact Ken Williams in the Environmental and Site Review Division at 703-324-1730, TTY 711.

 


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