Fairfax County Board of Supervisors Tightens Requirements on Developers

Fairfax County Office of Public Affairs
12000 Government Center Parkway, Suite 551
Fairfax, VA 22035-0065
703-324-3187, TTY 711, FAX 703-324-2010

July 31, 2006

Fairfax County Board of Supervisors
Tightens Requirements on Developers

The Fairfax County Board of Supervisors approved three proposals today at its regularly scheduled meeting that could lead to stricter bond requirements for developers in default; could require archaeological studies in historic districts; and will raise the contribution rate from developers for road improvements. The first two proposals require public hearings this fall. The third measure is effective immediately.

“Fairfax County is taking additional steps to protect our community and increase accountability as we continue to evolve further as the economic engine of the metropolitan area,” said Board of Supervisors Chairman Gerald E. Connolly. “We are tightening requirements to ensure developers keep their promises, protect our history and help fund critical road projects. I am confident the development community will stand with residents and the Board of Supervisors in sharing the responsibility for our county’s future.”

Stricter Bond Requirements
During the past year, county staff members have taken a number of steps to ensure developers complete all public improvements and proffer obligations required as part of their development projects. When action is taken after the public hearings in the fall, stricter bond requirements for developers in default will provide an additional level of protection for the county and its taxpayers. If a developer has not met all development obligations to the county in the previous seven years, then a personal, corporate or property bond would be disallowed; only certified checks, cash escrow, set-aside letter or letter of credit will be accepted. These same developers also will be required to post an additional 50 percent over the total bond estimate to cover administrative cost, inflation and potential damage to existing roads or utilities. The current bond reductions also will be further restricted from what is presently allowed. The county’s Public Facilities Manual would be amended to reflect the new requirements for developers in default.

Archaeological Studies
A proposed Zoning Ordinance Amendment would require developers to investigate and document cultural resources in or near historical overlay districts. Currently, there is no requirement to conduct an archaeological study at any stage of development unless otherwise required by development or proffered conditions. When action is taken after public hearings in the fall, the archaeological studies will help identify archaeological resources earlier in the development process and enable the design of projects to be sensitive to historical features.

Transportation Improvements
The Board of Supervisors approved a 3.4 percent increase, effective immediately, to the transportation fund contribution rate for developers building residential or non-residential projects in the Fairfax Center, Tysons Corner and Centreville areas. The funds will be dedicated toward completing a number of priority projects in those areas, including multi-modal improvements to Routes 7, 29, 50 and 123 and Waples Mill, Stone and Clifton roads. Developer contributions to projects in these areas are one source of funding for transportation projects included in the Board of Supervisors’ Four-Year Transportation Plan.

The public hearings for the bond requirements are scheduled before the Planning Commission on Sept. 21 and the Board of Supervisors on Oct. 23. The public hearings for the archaeological review are scheduled before the Planning Commission on Sept. 27 and the Board of Supervisors on Oct. 23.


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