New amendment to the Public Facilities Manual allows administrative waivers of previously mandatory provisions

Recently, the Fairfax County Board of Supervisors approved an amendment to the Public Facilities Manual (PFM) that provides greater flexibility during the site development review process, and allows innovative ideas to solve engineering problems without a lengthy legislative process.

Previously, if a provision in the PFM used the words “must” or “shall,” it was a mandatory minimum requirement and could not be waived. Now, if the request meets certain conditions and is not mandated by other law, the Director of Land Development Services can waive these previously mandatory provisions.

In practice, this means that county staff can use their professional judgement when the realities of a development project make it difficult to follow the PFM. This increased flexibility can help shorten the development review process and allows sensible designs to improve the finished product, while still protecting the community and the environment. This change is part of the county’s efforts to return the PFM to its original intent as a guidance document.

To take advantage of this new flexibility, the waiver request must meet the following conditions:

• A strict application of the PFM standard cannot be met for a particular site; or new or creative designs are proposed; and
• Variations meet the intent of the provisions, and the submitting engineer provides an adequate justification and supporting data.

In addition, any waivers or alternative designs must comply with specific requirements of the Virginia Code, County Code, and other applicable regulations, such as specific standards of the Virginia Department of Transportation and other reviewing agencies, from which variances may not be granted at the local level.

To take request a waiver, customers should use the current waiver application form. More improvements to the PFM are underway through the PFM Flexibility Project.