Land Development Services

CONTACT INFORMATION: Monday through Thursday, 8 a.m. - 4 p.m. and Friday, 9:15 a.m. - 4 p.m. Please note that visitors may not be added to in-person queues past 3:45 p.m.
703-222-0801 TTY 711
12055 Government Center Pkwy
Fairfax, VA 22035
Bill Hicks
Director

Meeting Approval Conditions

Approval Conditions are administrative actions that must be completed prior to:

  1. a specific plan or application obtaining final approval in the case of a Pre-Approval Condition or
  2. the bond for a specific plan or application being released by the County for a Post-Approval Condition.

To see what outstanding conditions apply to your plan, please visit PLUS. Click on the “Site” tab, then click on the plan you’d like to view conditions on. Then click “Conditions” to see the Conditions of Approval.

Click on the image below for full size:
App caption

 

Residential Plans

The condition name will vary depending on what facility is proposed on the plan. This Maintenance Agreement states that the property owners are responsible for the maintenance of the stormwater facility and it must be signed and notarized by all property owners and will be recorded at the Courthouse.

 

Periodically during the approval of a development plan, improvements required by a state or local regulation are deferred. When it is determined that it is in the best interest of the county and the applicant to defer an improvement, a Future Construction Escrow and Future Construction Agreement must be provided to ensure there are adequate funds to construct the improvement at a future date.

 

The Pro Rata Share is a fee assessed for the increase to the impacts on the storm drainage system. The Pro Rata Share Agreement is an acknowledgment of the fee and that it is held for the purposes of the County’s drainage improvement program.

 

A Land Disturbance Permit Application is required to obtain the Land Disturbance Permit that is issued with the site related plan. All property owners must be listed with an address where they can be contacted during the construction project. A Responsible Land Disturber is required to be listed on the application. This can either be a Professional Engineer or they must have the Responsible Land Disturber Certificate from the State of Virginia Department of Environmental Quality.

 

A stormwater permit is required when Chapter 124 of the County Code (Stormwater Management Ordinance) is enforced based on what is proposed on the plan. No separate application is required, but a $308 fee is due, and the permit is combined with your Land Disturbance Permit.

 

A Virginia Department of Transportation permit is required when any work is done in the State maintained right-of-way. This can include a new or replacement of a driveway entrance, utility work, or any other scope that impacts the road. To obtain a VDOT permit check out the single lot permit guidelines on their website or email.

 

The Conservation Agreement is made between the County and the property owners to ensure proposed measures of conservation are established. This agreement must be signed and notarized by all property owners and is verified by using the County’s Tax Records. The deposit amount must be paid prior to issuance of the grading plan and land disturbance permit. The deposit will be returned with interest upon final site inspection pending no site violations during construction.

Conservation deposits may be held by Fairfax County Department of Finance in an interest-bearing account and any accrued interest may be paid at the time of release.

 

This condition appears when certain soils types are listed on the plan and will be cleared by staff after plan approval.

Commercial Plans

An Adjoining Property Notice is sent to notify surrounding owners of new development based off the following codes:

You will need:

  • Adjoining Property Notice Sample Package
  • The Mailing List Generator is a tool to determine a selection of properties within the county to create mailing labels or an orderly extract of owners and owners' addresses.
  • Plans that require notices: 
    • Subdivision Plans (SD) 
    • Site Plans (SP)
    • Record Plat (RP)
    • Waivers associated with SP or SD plans 
    Important: Reviewers may require additional notices depending on certain circumstances. 
 

The Development Agreement is made between the developer and the County to ensure all improvements to the public infrastructure, such as streets, sidewalks, and utilities are constructed according to the approved site-related plan and within a reasonable timeframe. A bond is posted to be used by the County to complete the improvements in the event the developer defaults.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

The Sanitary Sewer agreement authorizes the developer to relocate, connect, extend, and improve sanitary sewer facilities.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

The condition name will vary depending on what facility is proposed on the plan. This Maintenance Agreement states that the property owners are responsible for the maintenance of the stormwater facility and it must be signed and notarized by all property owners and will be recorded at the Courthouse.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

Periodically during the approval of a development plan, improvements required by a state or local regulation are deferred. When it is determined that it is in the best interest of the county and the applicant to defer an improvement, a Future Construction Escrow and Future Construction Agreement must be provided to ensure there are adequate funds to construct the improvement at a future date.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

The Pro Rata Share is a fee assessed for the increase to the impacts on the storm drainage system. The Pro Rata Share Agreement is an acknowledgment of the fee and that it is held for the purposes of the County’s drainage improvement program.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

A land disturbance permit application is required to obtain the Land Disturbance Permit that is issued with all site related plans. A Responsible Land Disturber is required to be listed on the application. This can either be a Professional Engineer or they must have the Responsible Land Disturber certificate from the State of Virginia Department of Environmental Quality.

 

A stormwater permit is required when Chapter 124 of the County Code (Stormwater Management Ordinance) is evoked and is issued within the Land Disturbance Permit. No separate application is required, but a $308 fee is due for the permit. If a VPDES permit is also required, the $308 fee is not assessed again, and you will only have to pay the VPDES permit fees. 

Department of Environmental Quality  issues VPDES permits for all point source discharges to surface waters and to dischargers of stormwater from Municipal Separate Storm Sewer Systems (MS4s). The VDPES application (also known as the Registration Statement) and a site map must be submitted to the County, who submits it to DEQ on behalf of the applicant. There are fees due to both the County and to DEQ which get assessed separately.

Please submit the VPDES Registration Statement to LDSConstructionGP@fairfaxcounty.gov for review and processing.

The Conservation Agreement is made between the County and the developer to ensure proposed measures of conservation are established. This agreement must be signed and notarized by the developer. The deposit will be returned with interest upon final site inspection pending no site violations during construction.

Please submit the agreement to LDSBAC@fairfaxcounty.gov, or upload the agreement directly under your BOND Record in PLUS and notify LDSBAC that it has been uploaded to your BOND Record PLUS.

All documents that are submitted to the county for approval by a Corporation (Inc.), Limited Liability Company (LLC), Limited Partnership (LP), or other entity must be signed by persons who have legal authority to bind the entity on behalf of which they are signing, and proof of such authority must accompany the document. Such proof may consist of a resolution by the entity's Board of Directors, Operating Agreement, the by-laws of the entity, a power of attorney, or some other document that clearly establishes that the person signing the document has the legal authority to do so.

Executed agreements and escrows, deposits, easements, and fees must be submitted, approved and recorded, if applicable, within twelve (12) months from the date of transmittal of the permit package to the developer or the plan must be recertified by a professional engineer on an annual basis. Failure to comply with this requirement will result in the plan being returned, unapproved, to the submitting engineer.

Fairfax Virtual Assistant