2016-07ORDINANCE NO. 2016-07
AN ORDINANCE REPEALING CURRENT CHAPTER 86 (SUBDIVISIONS) IN ITS
ENTIRETY AND READOPTING THE CHAPTER WITH SIGNIFICANT
REVISIONS TO ALL ARTICLES AND SECTIONS CONTAINED THEREIN,
INCLUDING, BUT NOT LIMITED TO: ADMINISTRATIVE PROCEDURES,
DESIGN AND IMPROVEMENTS, ENFORCEMENT AND PENALTIES, AND
DEFINITIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that the current
Chapter 86 (Subdivisions) of the Code of the City of Fairfax, Virginia, be and the same
hereby is repealed in its entirety, and a new Chapter 86 (Subdivisions), be and the same
hereby is adopted, as amended, to read as attached hereto.
This ordinance shall become effective on October 1, 2016.
PUBLIC HEARING: July 12, 2016
ADOPTED: July 12, 2016
/29ta;7,iZ�
Mayor
Date
ATTEST:
22 rd
LN All , i
Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilman Stehle
Aye
M
City of Fairfax, Virginia
City Council Regular Meeting
TO: Honorable Mayor and Members of City Council
FROM: Robert Sisson, City Manager P
Agenda Item #
8c
City Council Meeting 7/12/2016
SUBJECT: Proposed amendments to the Code of the City of Fairfax, Chapter 86 (Subdivisions) to repeal the
current chapter in its entirety and readopt the chapter with significant revisions to all articles and
sections contained therein, including, but not limited to: administrative procedures, design and
improvements, enforcement and penalties, and definitions.
ISSUE(S): To conduct a public hearing and consider adoption of proposed amendments to the
Code of the City of Fairfax, Chapter 86 (Subdivisions) to repeal the current chapter in
its entirety and readopt the chapter with significant revisions to all articles and sections
contained therein.
SUMMARY: Adoption of the attached ordinance would repeal the current subdivision ordinance in
its entirety and readopt with significant revisions. The revisions to the subdivision
ordinance have been prepared through the zoning rewrite process initiated in
December 2013. The process has included community meetings and workshops and
work sessions with various city boards and commissions to gather input as well as a
detailed review of the ordinance language by an advisory committee. The Planning
Commission held a public hearing on the draft subdivision ordinance on May 23, 2016
and recommended approval with amendments to the City Council.
FISCAL IMPACT: None at this time.
RECOMMENDATION: Adopt the proposed amendments.
ALTERNATIVE: Defer action or do not adopt the proposed amendments.
RESPONSIBLE STAFF/
POC: Community Development & Planning
COORDINATION: City Attorney; Code Administration; Public Works
ATTACHMENTS: Staff Memo; Ordinance; Sample Motion; Draft Subdivision Ordinance
[► I : I ISTA_10i�1TP► it
To: Honorable Mayor and Members of the City Council
Through: Robert Sisson, City Manager
From: Brooke Hardin, Director of Community Development &
Planning
Subject: Proposed amendments to the Code of the City of Fairfax,
Chapter 86 (Subdivisions) to repeal the current chapter
in its entirety and readopt the chapter with significant
revisions to all articles and sections contained therein,
including, but not limited to: administrative procedures,
design and improvements, enforcement and penalties,
and definitions.
Meeting
Date: July 12, 2016
A rewrite of the City of Fairfax Subdivision Ordinance was prepared concurrently with the rewrite of
the Zoning Ordinance. The purpose of the Subdivision Ordinance rewrite and the process by which it
was conducted is consistent with that of the Zoning Ordinance (as is documented in the companion
staff report for the Zoning Ordinance rewrite).
On May 10, 2016, the City Council introduced an Ordinance to repeal and readopt the Subdivision
Ordinance. In accordance with Sections 15.2-2251 and 15.2-2253 of the Code of Virginia, a
recommendation from the Planning Commission to the City Council is required prior to the Council's
consideration of an amendment to the Subdivision Ordinance.
On May 23, 2016, the Planning Commission held a public hearing on the Draft City of Fairfax
Subdivision Ordinance. The Planning Commission also received a presentation on the list of edits in
Attachment A that summarize the changes in the Subdivision Ordinance from the 8.21.15 draft to the
5.2.16 draft.
The Planning Commission received input and closed the May 23 public hearing, but deferred decision
on this item until the June 13, 2016 meeting. On June 13, the Planning Commission recommended
approval of the draft Subdivision Ordinance with amendments (as shown in Attachment B) to the City
Council.
Attachment A: Summary of Revisions in the 5.2.16 Draft City of Fairfax Subdivision Ordinance
Attachment B: Amendments to the 5.2.16 Draft City of Fairfax Subdivision Ordinance
ATTACHMENT A
Summary of Revisions in the 5.2.16 Draft City of Fairfax Subdivision Ordinance
Following the publication of the 8.21.15 draft Subdivision Ordinance, work sessions with the Planning
Commission, City Council, and other boards and commissions were held in September 2015 through February
2016 and a community meeting was held in October 2015 to review significant items and receive feedback. In
addition, staff continued its review and editing of the document. Listed below is a summary of the various
comments followed by the revision (shown in italics) made to the 8.21.15 draft that was included in the 5.2.16
draft.
Article 1. Introductory Provisions
§1.1 Commentary (page 1-1): Commentaries that are included in the document do not have regulatory effect.
Would prefer that they be removed, changed into regulations, or turned into interpretations if necessary to
retain.
Commentaries were removed from throughout the draft ordinance, except for where they have been
otherwise integrated into the regulations in §3.1.6.D.3 (page 3-2).
§1.4.2.0 Conflict with private agreements and covenants (page 1-3): The language seems to give a choice of
private covenants or city regulations, clarify that city requirements must be met.
The draft ordinance was revised to include the language: "City regulations must be complied with, regardless
of any easement, covenant, deed restriction or other agreement between private parties."
Article 2. Design and Improvements
§2.2.4.A Minimum widths (page 2-2): Change the minimum right of way and pavement widths from VDOT to
public facilities manual as they are determined by the City of Fairfax.
The draft ordinance was revised as follows: "Right-of-way and surface widths shall be as specified or required
by 1400 the public facilities manual, including additional widths as may be required for side slopes and
drainage appurtenances."
§2.2.4.B Public dedication (page 2-2): Replace the term "city standards" with the more precise "public facilities
manual."
The draft ordinance was revised as follows: "Unless otherwise approved by the zoning administrator, all
streets shall be dedicated to the city and constructed in accordance with the public
facilities manual."
§2.3.4.A Sidewalks (page 2-4): The language pertaining to the requirement for sidewalks on single family lots
on existing streets is confusing, please clarify.
The draft ordinance was revised as follows:
"A. Where required
ATTACHMENT A
1. Unless otherwise specified below, sidewalks shall be required on both sides of all arterial,
collector, and local streets, and adjacent to all r -e+ mere -h4 sites.
existing str-eets.
3:2. Where a lot being subdivided or developed for single family use fronts on an existing
street ^^,I ..djGGL t eFty „R Lgith ,. r;,&„ a„ .,,,+ h,..,,, „ ;tiRg .-ideK'Glk and there is no
existing sidewalk on the some block face, no sidewalk shall be required.
43. The zoning administrator may review each site plan and subdivision on its own merits to
determine whether additional sidewalks will be required based on anticipated pedestrian
demand in the area."
§2.3.4.C.2.6 Brick (page 2-5): Include the Old Town Fairfax Transition Overlay District as an area where brick
sidewalks can be permitted with approval.
The draft ordinance was revised as follows: "In or adjacent to a historic district or the Old Town Fairfax
Transition Overlay District."
Article 3. Administration
§3.1.2.A Plat required, recordation (page 3-1): Ensure that boundary line adjustments include lot
consolidations and that boundary line adjustments do not constitute a minor subdivision.
The draft ordinance was revised as follows: 'Boundary line adjustments, including lot
consolidations
may be approved by the zoning administrator pursuant to the provisions
of 3.4.1 §3:3.4,4; "
§3.1.5.A Minor subdivision (page 3-1): Ensure that boundary line adjustments include lot consolidations and
that boundary line adjustments do not constitute a minor subdivision.
The draft ordinance was revised as follows:
4. A minor subdivision review is any subdivision that involves creation of no more than 49 lots„
..
§3.1.9.A.4 Variations and exceptions (page 3-5): Designate the City Council as the entity to receive appeals of a
variation or exception instead of the Planning Commission, consistent with the handling of waivers in the
current ordinance.
The draft ordinance was revised as follows: "An applicant may appeal the zoning administrator decision to
deny a variation or exception request to the city council. In reviewing the request, the
ATTACHMENT A
city council planning een9mirsien may approve or disapprove the request based on the applicable findings set
forth in this section."
§3.5 Administrative appeals (page 3-12): Designate the City Council as the entity to receive appeals of a
variation or exception instead of the Planning Commission, consistent with the handling of waivers in the
current ordinance.
The draft ordinance was revised as follows: "Any final decision by the zoning administrator, including but not
limited to decisions to deny a variation or exception request, may be appealed to the
ee
...... sie citv council within 30 days of the decision. In reviewing the request, the PIGRniRg GeRgmiss4en city
council may approve or disapprove the request based on the applicable requirements of this article."
ATTACHMENT B
Amendments to the 5.2.16 Draft City of Fairfax Subdivision Ordinance
The Planning Commission held a public hearing on May 23, 2016 on the draft Subdivision Ordinance. In
response to input from the public hearing and additional review, the following amendments to the 5.2.16 draft
were recommended by the Planning Commission to the City Council:
Editor's revisions were completed for chapter numbering errors in the draft ordinance.
Article 2. Design and Improvements
§2.4.1.A.1.B Lots frontage (page 2-6):
"On Gn-eppr-eve private street approved as part of a planned development."
Article 3. Administration
§3.1.9.A.4 Variations and exceptions (page 3-5):
"An applicant may appeal the zoning administrator or planning commission decision to deny a
variation or exception request to the ^'Gp4pg eemmi«i^^ city council. In reviewing the request,
the city council ^ Gnigi^^ c-^mmisr ^^ may approve or disapprove the request based on the
applicable findings set for in this section."
Article 5. Definitions
§5.3 Defined terms (page 5-3):
"PUBLIC FACILITIES MANUAL: The Public Facilities Manual of the City of Fairfax."
ORDINANCE NO. 2016 -
AN ORDINANCE REPEALING CURRENT CHAPTER 86 (SUBDIVISIONS) IN ITS ENTIRETY AND
READOPTING THE CHAPTER WITH SIGNIFICANT REVISIONS TO ALL ARTICLES AND
SECTIONS CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO: ADMINISTRATIVE
PROCEDURES, DESIGN AND IMPROVEMENTS, ENFORCEMENT AND PENALTIES, AND
DEFINITIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that the current Chapter 86
(Subdivisions) of the Code of the City of Fairfax, Virginia, be and the same hereby is repealed in its entirety,
and a new Chapter 86 (Subdivisions), be and the same hereby is adopted, as amended, to read as attached
hereto.
This ordinance shall become effective
INTRODUCED:
PUBLIC HEARING:
ENACTED:
ATTEST:
City Clerk
Vote
M. DeMarco
J. Greenfield
D. Meyer
J. Miller
E. Schmidt
J. Stehle
2
Mayor
Date:
SAMPLE MOTION
"I MOVE TO APPROVE AN ORDINANCE REPEALING CURRENT CHAPTER 86 (SUBDIVISIONS)
IN ITS ENTIRETY AND READOPTING THE CHAPTER WITH SIGNIFICANT REVISIONS TO ALL
ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO:
ADMINISTRATIVE PROCEDURES, DESIGN AND IMPROVEMENTS, ENFORCEMENT AND
PENALTIES, AND DEFINITIONS.
I FURTHER MOVE THAT THIS ORDINANCE SHALL BECOME EFFECTIVE ."
3
SUBDIVISION
ORDINANCE
CITY OF FAIRFAX,
VIRGINIA
ADOPTED 7/12/2016
EFFECTIVE 10/1/2016
Subdivision Ordinance Adopted 7/12/2016
City of Fairfax, Virginia I
Contents
Article 1. Introductory Provisions ...................................................................................................... 1-1
§1.1. Legal Provisions .......................................................................................................... 1-1
§1.2. Adoption Date and Effective Date ............................................................................. 1-1
§1.3. Word Usage and Construction of Language .............................................................. 1-2
§1.4. Interpretation of regulations ..................................................................................... 1-3
Article 2. Design and Improvements ................................................................................................. 2-1
§2.1. Construction standards and plans ............................................................................. 2-1
§2.2. Streets ........................................................................................................................ 2-1
§2.3. Pedestrian Facilities ................................................................................................... 2-3
§2.4. Lots and Blocks ........................................................................................................... 2-5
§2.5. Easements .................................................................................................................. 2-6
§2.6. Drainage ..................................................................................................................... 2-7
§2.7. Underground Utilities ................................................................................................ 2-7
§2.8. Sewer and Water ....................................................................................................... 2-8
§2.9. Surveys and Monuments ........................................................................................... 2-8
§2.10. Responsibility for Installation Costs ........................................................................... 2-8
§2.11. Guarantee of Improvements ..................................................................................... 2-9
§2.12. Inspections ................................................................................................................. 2-9
Article 3. Administration ................................................................................................................... 3-1
§3.1. General ....................................................................................................................... 3-1
§3.2. Minor Subdivisions ..................................................................................................... 3-6
§3.3. Major Subdivisions ..................................................................................................... 3-7
§3.4. Administrative Appeals ............................................................................................ 3-12
§3.5. Appeals to Court ...................................................................................................... 3-12
Article 4. Enforcement and Penalties ................................................................................................ 4-1
§4.1. Responsibility for Enforcement ................................................................................. 4-1
§4.2. Penalties for violation ................................................................................................ 4-1
Article 5. Definitions ......................................................................................................................... 5-3
CONTENTS
Adopted 07/12/2016 Subdivision Ordinance
II City of Fairfax, Virginia
§5.1. General ....................................................................................................................... 5-3
§5.2. Abbreviations ............................................................................................................. 5-3
§5.3. Defined Terms ............................................................................................................ 5-3
INDEX ................................................................................................................................................... I
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City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS 1-1
Article 1. Introductory Provisions
§1.1. LEGAL PROVISIONS
Title
This chapter shall be officially known and cited as the “City of Fairfax Subdivision Ordinance”, the
“subdivision ordinance” or “this chapter.”
Authority
This chapter was adopted pursuant to the terms and provisions of the Code of Virginia, § 15.2-
2240 ET seq.
Purposes
The purposes of this chapter are to:
A. Assure the orderly division of land and its development;
B. Implement the comprehensive plan and the purposes of the zoning ordinance;
C. Assure that the development of the city makes efficient and economical use of public funds;
and
D. Assure that improvements required by this chapter will be designed, constructed and
maintained so as not to become an undue burden on the community.
Delegation of authority
Whenever a provision appears requiring the zoning administrator or other city official to perform
an act or duty, that provision shall be construed as authorizing the zoning administrator, or other
city official to delegate that responsibility to other city employees.
Graphics and illustrations
Where graphics or illustrations included in this chapter conflict with the text of the regulations,
the text shall control. Otherwise, compliance with graphics and illustrations is required.
Headings, illustrations and text
In case of any difference of meaning or implication between the text of this chapter and any
heading, drawing, table, figure or illustration, the text shall control.
Lists and examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as
“including,“ “such as” or similar language are intended to provide examples; not intended to be
exhaustive lists of all possibilities.
Severability
This chapter and various parts, sections, subsections, and clauses thereof, are hereby declared to
be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged
unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be
affected thereby.
§1.2. ADOPTION DATE AND EFFECTIVE DATE
This chapter was adopted on July 12, 2016, becoming effective on October 1, 2016.
§1.3 Word Usage and Construction of Language Chapter 86. Article 1. Introductory Provisions
§1.3.1 Meanings and intent
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1-2 RETURN TO TABLE OF CONTENTS City of Fairfax, Virginia
§1.3. WORD USAGE AND CONSTRUCTION OF LANGUAGE
Meanings and intent
All provisions, terms, phrases and expressions contained in this chapter shall be construed
according to the purposes set out in §1.1.3.
Computation of time
A. References to "days" are to calendar days unless otherwise expressly stated.
B. The time in which an act is to be completed is computed by excluding the first day and
including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city,
that day is excluded and the time frame shall move forward to the next business day.
C. A day concludes at the close of business local time (5:00pm), and any materials received after
that time will be considered to have been received the following day.
References to other regulations, publications and documents
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that
reference shall be construed as referring to the most recent edition of such resolution, ordinance,
statute, regulation, or document or to the relevant successor document, unless otherwise
expressly stated.
Technical and non-technical terms
Words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases that may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning as specified in
Article 4.
A. Public officials and agencies
All public officials, bodies and agencies to which references are made are those of the City of
Fairfax, unless otherwise expressly provided.
B. Mandatory and discretionary terms
The words "shall," "will" and "must" are mandatory. The words "may" and "should" are
advisory and discretionary terms.
C. Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
1. "And" indicates that all connected items, conditions, provisions or events apply; and
2. "Or" indicates that one or more of the connected items, conditions, provisions or events
may apply.
D. Tenses and plurals
Words used in one tense (past, present or future) include all other tenses, unless the context
clearly indicates the contrary. The singular includes the plural, and the plural includes the
singular.
Chapter 86. Article 1. Introductory Provisions §1.4 Interpretation of regulations
§1.4.1 Minimum requirements
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City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS 1-3
§1.4. INTERPRETATION OF REGULATIONS
Minimum requirements
Regulations set forth by this chapter shall be interpreted as providing minimum regulations
necessary to promote and protect the public health, safety and welfare. If the requirements set
forth in this chapter are at variance with the requirements of any other lawfully adopted uses,
regulations, or ordinances, the more restrictive or higher standard shall govern. The more
restrictive provision is the one that imposes more stringent controls.
Conflicting provisions
A. Conflict with state or federal regulations
If the provisions of this chapter are inconsistent with those of the state or federal
government, the more restrictive provision will control, to the extent permitted by law.
B. Conflict with other city regulations
If the provisions of this chapter are inconsistent with one another, or if they conflict with
provisions found in other adopted ordinances, regulations of the city, any proffers or
conditions of approval, the more restrictive provision will control unless otherwise expressly
stated.
C. Conflict with private agreements and covenants
This chapter is not intended to interfere with, abrogate or annul any easement, covenant,
deed restriction or other agreement between private parties. The city does not enforce
private covenants. City regulations must be complied with, regardless of any easement,
covenant, deed restriction or other agreement between private parties. If the provisions of
this chapter impose a greater restriction than imposed by a private agreements or covenants,
the provisions of this chapter control.
§1.4 Interpretation of regulations Chapter 86. Article 1. Introductory Provisions
§1.4.2 Conflicting provisions
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THIS PAGE INTENTIONALLY BLANK
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City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS 2-1
Article 2. Design and Improvements
§2.1. CONSTRUCTION STANDARDS AND PLANS
A. All site-related improvements shall be designed and constructed in accordance with the
requirements of this article and the City of Fairfax Public Facilities Manual (public facilities
manual).
B. All streets and pedestrian facilities, water, sanitary sewer and storm drainage facilities shall
be designed and constructed to and through the property in question.
C. Where the public facilities manual does not specifically cover a design or construction issue,
the zoning administrator shall have the authority to enforce other nationally recognized
standards.
D. Construction plans for required improvements (§2.10.1) shall be submitted in the format and
scale specified in the public facilities manual prior to approval of the final plat.
§2.2. STREETS
Layout
Each street shall be configured, to the extent practicable, to conform to the natural topography,
to minimize the disturbance of critical slopes and natural drainage areas, and to provide site-
related vehicular interconnections and improvements within the subdivision, to existing or future
development on adjoining lands, and in accordance with the comprehensive plan.
Coordination and extension of streets
A. Coordination
Streets within proposed subdivisions shall be coordinated with existing or planned streets
adjacent or contiguous to such subdivisions, as to location, widths, grades and drainage.
B. Street signs
Street signs shall conform to city standards and shall be installed at all street intersections in
a location to be determined by the zoning administrator. Private streets and alleys shall be
clearly designated as such by a sign at every entrance from a public street.
C. Extension
1. All streets within a subdivision shall be extended and constructed to the abutting
property lines, except in the case of cul-de-sacs, to provide vehicular, bicycle and
pedestrian interconnections to future development on adjoining lands in accordance
with the public facilities manual.
2. The arrangement of the streets shall provide adequate access to adjoining lands within
the subdivision where necessary to provide for the orderly development of the city,
including, but not limited to, reserving temporary construction easements of sufficient
area to accommodate the future completion of the street when the adjoining lands are
developed.
Street types
Unless otherwise specified, all of the following street types are public streets.
§2.2 Streets Chapter 86. Article 2. Design and Improvements
§2.2.4 Design criteria
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2-2 RETURN TO TABLE OF CONTENTS City of Fairfax, Virginia
A. Alley
An alley is a road providing a secondary means of access to abutting property and not for
general traffic circulation or public dedication.
B. Service drives
Service drives are generally parallel and contiguous to an arterial street or thoroughfare
providing access to private property and affording access to such streets at limited intervals.
C. Local streets
A local street is a street whose principal purpose is to provide vehicular and pedestrian
access to the abutting property, which terminates in a loop or cul-de-sac or carries no
substantial through traffic.
D. Collector streets
A collector street is a street that collects and carries traffic from local streets of a commercial
or residential area to an arterial or other collector street, or arterial streets.
E. Arterial streets
An arterial street is a divided roadway with a minimum of four lanes with or without service
roads, principally serving through traffic movements. This type of street carries major
portions of the traffic entering and leaving the city.
F. Thoroughfare
A thoroughfare is a divided or non-divided highway of at least four lanes with intersections at
grade and direct access to abutting properties.
Design criteria
All streets types shall have right-of-way and be paved to minimum widths as required below:
A. Minimum widths
Right-of-way and surface widths shall be as specified or required by the public facilities
manual, including additional widths as may be required for side slopes and drainage
appurtenances.
B. Public dedication
Unless otherwise approved by the zoning administrator, all streets shall be dedicated to the
city and constructed in accordance with the public facilities manual.
C. Intersections
Intersections of streets shall be at an angle as nearly as possible at right angles, and shall not
be less than 60 degrees.
D. Street off-sets
Streets that do not align with existing streets shall have an offset of no less than 150 feet
between centerlines, unless otherwise approved by the zoning administrator.
E. Alleys
Alleys may be provided in the rear of lots as needed.
Chapter 86. Article 2. Design and Improvements §2.3 Pedestrian Facilities
§2.2.5 Reserve strips
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City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS 2-3
F. Dead-end streets and cul-de-sacs
1. Dead-end streets and cul-de-sacs shall be used only when determined by the zoning
administrator or planning commission that extension of the road to an adjacent
property is impractical or unnecessary.
2. Except as necessary to comply with §2.2.4.F.1, above, dead-end streets shall not be
longer than 10 times the minimum lot width or over 600 feet in length, whichever is
less. The length of cul-de-sac streets shall be measured from the center point of its
turnaround, along the centerline of its right-of-way and that of any intervening streets,
to the centerline of the right-of-way of the nearest through street.
3. All turnarounds must readily accommodate emergency vehicles and other necessary
truck traffic to the satisfaction of the fire marshal.
Reserve strips
Except where approved by the zoning administrator or planning commission, reserve strips
(private property “gaps” between the end of streets and the property boundary, effectively
protecting the use of dead-end and boundary streets) are prohibited.
Curb and gutter
Concrete curb and gutter shall be provided on both sides of all streets. Where a lot being
subdivided fronts on an existing street and adjacent property on either side do not have curb and
gutter, curb and gutter may not be required, subject to the approval by the zoning administrator.
Driveways
Driveways shall be provided in accordance with the provisions of the public facilities manual.
§2.3. PEDESTRIAN FACILITIES
Applicability
A. All new development and subdivisions shall provide pedestrian facilities and access in
accordance with the requirements of this §2.3.
B. Buildings and structures lawfully existing as of the effective date of this chapter may be
redeveloped, renovated or repaired without providing pedestrian facilities in conformance
with this §2.3; provided there is no increase in gross floor area in such building or structure
or no more than 10 percent increase in impervious surface on the site.
Layout
Pedestrian facilities shall be configured, to the extent practicable, to conform to the natural
topography, to minimize the disturbance of critical slopes and natural drainage areas, and to
provide site-related pedestrian interconnections and improvements within the subdivision or
development and to existing or future development on adjoining lands.
Types of pedestrian facilities
All pedestrian facilities shall comply with ADA requirements and the following:
A. Sidewalks
Sidewalks are strips or sections of hard surface material that provides an appropriate surface
a minimum of five feet in width, typically located adjacent and parallel to vehicle roadways,
§2.3 Pedestrian Facilities Chapter 86. Article 2. Design and Improvements
§2.3.4 Sidewalks
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2-4 RETURN TO TABLE OF CONTENTS City of Fairfax, Virginia
intended for use as a walkway for pedestrians. Sidewalks are located within a dedicated road
right-of-way or public easement.
B. Pedestrian paths
Pedestrian paths are strips or sections of hard surface material that provide an appropriate
surface a minimum of six feet in width, not typically located adjacent to vehicle roadways,
which provide pedestrian and non-motorized access to a property. Pedestrian paths are
located within a dedicated public easement not less than 15 feet in width or on private
property.
C. Multi-use trails
Multi-use trails are strips or sections of hard surface material that provide an appropriate
surface a minimum of 10 feet in width, not typically located adjacent to vehicle roadways,
which provide pedestrian and non-motorized access to and through a property. Multi-use
trails are located within a dedicated public easement not less than 15 feet or more than 20 in
width or on private property, depending on the site.
Sidewalks
Sidewalks shall be placed within the right-of-way adjacent to the building lot or parcel as
determined by the zoning administrator and as specified below.
A. Where required
1. Unless otherwise specified below, sidewalks shall be required on both sides of all
arterial, collector, and local streets, and adjacent to all sites.
2. Where a lot being subdivided or developed for single family use fronts on an existing
street and there is no existing sidewalk on the same block face, no sidewalk shall be
required.
3. The zoning administrator may review each site plan and subdivision on its own merits to
determine whether additional sidewalks will be required based on anticipated
pedestrian demand in the area.
B. Placement
1. Where sidewalks are required, sidewalks shall be provided according to one of the
following placement alternatives as determined by the zoning administrator:
(a) Sidewalks shall be placed against the back of curb (urban street frontage); or
(b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet
wide) is maintained between the back of curb and the inside edge of the sidewalk
and have a minimum paved width of five feet for this placement (sub-urban street
frontage); a minimum of three feet of green space shall be maintained adjacent to
all tree pits.
2. Site-specific placement, including where a variation from the placement methods
described in §2.3.4.B.1, above, is necessary or desired; or where an obstruction is
located within the paved area, the following criteria must be satisfied:
(a) All placement and transition sections must be approved by the zoning
administrator;
Chapter 86. Article 2. Design and Improvements §2.4 Lots and Blocks
§2.3.5 Pedestrian paths
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(b) All radii in transition sections must be a minimum of 10 feet; and
(c) In order to provide safe and adequate access on sidewalks, all sidewalks shall
comply with minimum clear width requirements around all obstructions, natural or
manmade.
C. Material
1. Concrete
Except as allowed in §2.3.4.C.2, below, all sidewalks shall be constructed of class A-3
concrete.
2. Brick
Installation and maintenance of brick sidewalks shall be permitted only with the
approval of the zoning administrator, and where:
(a) Where an existing sidewalk is brick and is being replaced or repaired; and
(b) In or adjacent to a historic district or the Old Town Fairfax Transition Overlay
District.
Pedestrian paths
Pedestrian paths shall be provided:
A. Within all multi-building developments to link buildings with destinations including, but not
limited to: parking, adjoining streets and sidewalks, mailboxes, trash disposal areas,
recreation and open space areas, and other on-site amenities;
B. In blocks over 600 feet in length to provide mid-block connections to abutting streets; and
C. At the end of cul-de-sacs that abut an existing or future schools, recreation and open spaces,
parks, trails, bikeways and streets.
Multi-use trails
Multi-use trails shall be provided in accordance with adopted plans.
Crosswalks
See public facilities manual.
Street furniture, trash cans
See public facilities manual.
§2.4. LOTS AND BLOCKS
Lots
A. Frontage
1. Every lot shall have frontage either:
(a) On a public street which, once constructed and improved by the applicant will
qualify for acceptance into the city's street system; or
(b) On a private street approved as part of a planned development.
2. Pipestem lots are prohibited.
§2.5 Easements Chapter 86. Article 2. Design and Improvements
§2.4.2 Blocks
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3. Double frontage lots shall, whenever practicable, be avoided.
B. Lot area and shape
1. Each lot within a subdivision shall satisfy applicable lot area and other requirements of
the zoning provisions of chapter 110.
2. Corner lots shall be increased in size whenever necessary so as to provide that any
structure to be placed thereon shall conform to the building and setback lines of both
streets. In addition to the minimum widths of rights-of-way required by §2.2.4,
additional right-of way or easements may be required to provide safe sight distances or
for traffic control.
C. Lot arrangement
Side lot lines shall be substantially at right angles or radial to curved street lines.
D. Lot shape
Lots shall be appropriately shaped for the type of building development contemplated and
shall conform to the zoning provisions of chapter 110.
E. Parcels not intended for building
The provisions of this section do not apply to parcels not intended for building, but for utility
or other non-building purposes, and so identified on the plat. (See Article 5)
Blocks
A. Blocks shall be laid out with special consideration given to the type of land use proposed
within the block.
B. Block length shall not be less than 250 feet or more than 800 feet.
C. Block width shall be sufficient to provide for two tiers of lots of appropriate depth, except
where prevented by topographical conditions, size of property, and where otherwise
required to separate residential development from through traffic.
§2.5. EASEMENTS
Drainage easements
Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there
may be required a drainage easement or right-of-way conforming substantially to the limits of
such watercourse, plus additional width to accommodate future needs as determined by the
zoning administrator. No construction shall impede, constrict or block the flow of water in any
easement or natural watercourse.
Stormwater facility easements
Easements shall be provided for all stormwater facilities.
Other easements
A. Easements shall be provided across parts of lots as needed to provide access for water,
sewer, franchised cable television operators furnishing cable television, and public service
corporations furnishing cable television, gas, telephone and electric service to each lot in a
proposed subdivision.
Chapter 86. Article 2. Design and Improvements §2.6 Drainage
§2.6.1 General
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B. Individual service lines do not need to be in easements.
§2.6. DRAINAGE
General
A. Drainage plans, to the extent practical, will attempt to follow the principle that the water
falling on a given site should be absorbed to the extent that after development the quantity
and rate of water leaving the site would not exceed predevelopment conditions. In part, the
intent of the plan should be to minimize the adverse cumulative effects of development in an
area on drainage.
B. Low impact development (LIDs) techniques that capitalize on and are consistent with natural
resources and processes will be used whenever possible, including but not limited to:
1. Rain catchment and harvesting for on-site irrigation purposes; and
2. Rain gardens (shallow depressions or swells) that slow storm runoff and reduce the
impact of what is found in storm water as it enters storm drainage control systems.
Storm drainage
A drainage system in accordance with the public facilities manual shall be provided consisting of
gutters, inlets, storm sewers and other appurtenances necessary to adequately drain the
subdivision in a maximum storm that may occur every 10 years (ten-year storm) after total
development of the watershed. Inlets shall be located to limit the spread of water in the gutter to
10 feet. The hydraulic grade line of the system shall rise no higher than one foot below the grade
of the gutter.
Culverts
Where streams are to be conducted through culverts a maximum storm that may occur once
every 25 years shall be used for the design of the culvert. The design must also show that no
damage will result to private or public property from flooding caused by a maximum storm that
may occur once every 100 years.
Floodplain and RPA
The final plat of every subdivision shall show any floodplain and resource protection area (RPA),
and any proposed development shall conform to the floodplain and Chesapeake Bay protection
requirements of chapter 110.
Drainage during construction
Adequate drainage will be provided at all times during construction.
§2.7. UNDERGROUND UTILITIES
General
Each utility shall be placed underground and located, to the extent practicable, in a manner that
conforms to the topography, minimizes the disturbance of critical slopes and natural drainage
areas, and allows vehicular and pedestrian interconnections within the subdivision and existing or
future development on adjoining lands.
§2.8 Sewer and Water Chapter 86. Article 2. Design and Improvements
§2.7.2 Underground installation
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Underground installation
All new utilities shall be located underground, except the following:
A. Equipment, including electric distribution transformers, switch gear, meter pedestals,
telephone pedestals, outdoor lighting poles or standards, radio antennae and associated
equipment, which is, under accepted utility practices are normally installed aboveground;
B. Meters, service connections, and similar equipment normally attached to the outside wall of
a utility customer's premises;
C. Satellite dishes; and
D. Temporary overhead facilities required for construction purposes.
Variations and exceptions
The zoning administrator or planning commission may grant variations or exceptions to the
undergrounding requirements of this §2.7 pursuant to §3.1.9. In addition to the factors set forth
within §3.1.9 the zoning administrator or planning commission in reviewing any such request shall
consider whether the requirement would unreasonably impact the existing aboveground utility
network to an extent that extensive off-site improvements would be necessary.
§2.8. SEWER AND WATER
Sanitary sewers and water mains shall be provided as needed, which conform with the standards and
specifications of the city and Fairfax County Water Authority, and shall be designed to serve all lots in
proposed subdivisions with provisions for future extensions to adjacent properties as required and shall
be installed and connected with the municipal systems.
§2.9. SURVEYS AND MONUMENTS
Surveys
A boundary survey shall be made and all other surveyed dimensions shown on the plat shall be to
an accuracy of one part in 10,000.
Monuments
Monuments of a minimum permanent quality of one-half inch by 30 inches iron pipe shall be set
at all angle points of the boundaries of the original tract to be subdivided and at all lot corners,
angle points and point of curvature of street right-of-way lines at grade. There shall be at least two
concrete monuments per block of a minimum quality of three inches diameter by three feet long,
set at a minimum depth of two feet.
§2.10. RESPONSIBILITY FOR INSTALLATION COSTS
Required improvements
Required site-related improvements shall include all infrastructure and public improvements
needed to serve the development, including streets and alleys, including curb, gutter, street signs,
traffic control devices, street lighting and any additional right-of-way necessary to the width
required by the city and for streets adjoining the site; pedestrian and bicycle facilities; easements;
water supply, including water mains and distribution lines; sanitary sewer lines; other utilities;
storm drainage facilities, including storm sewer lines and drainage structures, and curb returns;
retaining walls and structures necessary to ensure stability of critical slopes; tree canopy, sodding
Chapter 86. Article 2. Design and Improvements §2.11 Guarantee of Improvements
§2.10.2 Payment for required improvements
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and planting; surveys and monuments; site-related improvements for vehicular ingress and
egress, for public access streets; and any other improvements to be dedicated for public use.
Payment for required improvements
The subdivider or developer is responsible for payment of all costs of design, materials, and
installation of required improvements, unless otherwise provided, in accordance with the
requirements of this chapter and the construction standards.
§2.11. GUARANTEE OF IMPROVEMENTS
General
Prior to recordation of the final plat, each applicant shall execute a written agreement with the
city to complete the construction of all such required improvements within a period of time set
forth within such agreement, relative to a specified plan for development or phasing of the
proposed development.
Financial guarantee
Prior to final approval and prior to the zoning administrator's signature of the final plat, the zoning
administrator shall obtain the applicant's written acknowledgement and commitment to complete
construction of all site-related improvements in accordance with city requirements, standards and
specifications, and within the applicable time period, shall be backed by an adequate performance
guarantee, established as follows:
A. A financial guarantee shall be provided to ensure installation of required improvements
pursuant to the provisions of §2.10.
B. The financial guarantee shall be of a form and with security as provided by chapter 2, article
VI, division 2 of the City Code.
C. The amount of the financial guarantee shall be determined by the zoning administrator and
shall not exceed the total of the estimated cost of construction based on unit prices for new
public or private sector construction in the area and a reasonable allowance for estimated
administrative costs, inflation and potential damage to existing streets or utilities.
D. Releases of financial guarantees shall be made by the bond committee as provided by
chapter 2, article VI, division 2 of the City Code.
§2.12. INSPECTIONS
Inspection and supervision of improvements during installation shall be in accordance with the public
facilities manual.
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Article 3. Administration
§3.1. GENERAL
Applicability
Subdivision approval pursuant to the requirements of this article shall be required before the
division or re-division of a lot, tract or parcel of land into two or more lots or other division of
land, including consolidation of lots and any changes in street or lot lines.
Plat required, recordation
Any subdivider of any lot, tract or parcel of land, situated within the corporate limits of the city
shall cause a plat of such subdivision, with reference to known or permanent monuments, to be
made and recorded in the office of the clerk of the circuit court; provided that:
A. Boundary line adjustments (divisions of five lots or less not involving any public
improvements or dedications of rights-of-way or easements) may be approved by the zoning
administrator pursuant to the provisions of §3.3.4.A; and
B. Plat vacations may be approved by the zoning administrator or city council pursuant to the
provisions of §3.3.4.B.
Acts prohibited
Unless this chapter and the requirements of Chapter 22 of Title 15.2 of the Code of Virginia are
complied with:
A. No person shall subdivide land (including, without limitation, adjustment of any boundary) or
vacate any subdivision plat;
B. No subdivision plat shall be recorded in the office of the clerk of the circuit court, unless and
until it has been approved and signed by the zoning administrator;
C. No person shall sell or transfer any land of a division of land to which this chapter applies
before a plat has been approved and recorded as provided within this chapter, unless the
division was lawfully created prior to the adoption of a subdivision ordinance applicable
thereto. Nothing in this paragraph shall prevent the recordation of the instrument by which
the land is transferred or by which title passes between the parties to the instrument; and
D. The clerk of the circuit court shall not file or record a plat of a division of land to which this
chapter applies until the plat has been approved as provided in this chapter.
Zoning administrator
The city council delegates review and approval authority for all minor plats and final plats to the
zoning administrator. The zoning administrator shall determine whether a proposed division is a
subdivision within the meaning of the subdivision ordinance, and whether a proposed division is a
minor subdivision or a major subdivision as defined in §3.1.5, below.
Definitions for minor and major subdivision
A. Minor subdivision (§3.2)
1. A minor subdivision review is any subdivision that involves creation of no more than 49
lots;
§3.1 General Chapter 86. Article 3. Administration
§3.1.6 Application requirements
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2. Relocation or alteration of one or more lot lines so that land is exchanged or added to
and becomes part of an existing lot and no additional lot(s) is created; or
3. The consolidation of two or more previously approved lots.
B. Major subdivision (§3.3)
A major subdivision is any subdivision that does not meet the definition of a minor
subdivision.
Application requirements
A. Forms
Applications and plats required under this chapter shall be submitted on application forms
and in such numbers as required by the zoning administrator. The application form for each
subdivision review procedure shall establish the minimum information required for that
procedure.
B. Proof of ownership
All applications required under this chapter shall include satisfactory proof of ownership in
accordance with the Code of Virginia. Such proof may include identification of the property
owner, along with the book and page where the deed records are recorded on the plat.
C. Property owner endorsement
1. All applications shall include the name and signature of the current property owner(s) of
all property within the boundaries; or
2. Where the owner is not the applicant, the zoning administrator shall require an
applicant to present evidence that the applicant is an authorized agent of the owner.
Contract purchasers of property shall submit an agent authorization letter signed by the
owner.
D. Content
1. An application shall be sufficient for processing when it contains all of the information
necessary to decide whether or not the subdivision as proposed will comply with the
applicable requirements of this chapter.
2. The burden of demonstrating that an application complies with applicable approval
criteria is on the applicant. The burden is not on the city or other parties to show that
the standards or criteria have not been met.
3. Each application is unique and, therefore, more or less information may be required
according to the needs of the particular case. Information needs tend to vary
substantially from application to application and to change over time as result of code
amendments and review procedure changes. Staff has the flexibility to specify
submission requirements for each application and to waive requirements that are
irrelevant to specific situations. The applicant shall rely on the zoning administrator as
to whether more or less information should be submitted.
Concurrent applications
If approved by the zoning administrator, subdivision applications under this chapter may be
submitted and reviewed concurrently, provided that any application that also requires a variation
Chapter 86. Article 3. Administration §3.1 General
§3.1.8 Application processing
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or exception shall not be eligible for final approval until the variation or exception has been
granted.
A. Fees
1. All applications shall be accompanied by the associated filing fee and shall be filed with
the zoning administrator.
2. Filing fees shall be established from time to time by resolution of the city council to
cover all actual costs associated with the processing of applications. Such costs shall
include but not be limited to all costs associated with application review. (See VA Code
Ann. § 15.2-2286(A)(6) for more information.)
3. Filing fees are not refundable except where an application was accepted in error, the
fee paid exceeded the amount due, or where an application is withdrawn by the
applicant in writing prior to any significant expenditure of time reviewing the application
and prior to publication of any notices.
B. Completeness review
1. Applications will be reviewed for completeness within five days of submission.
2. An application shall be considered submitted only after the zoning administrator
certifies that it is complete, provided in the required form, includes all mandatory
information as may be required by the zoning administrator, and is accompanied by the
applicable fee.
3. If an application does not include all of the required information it will be deemed
incomplete. If an application includes all of the required information it will be deemed
complete. If an application is deemed to be incomplete, the zoning administrator shall
contact the applicant and provide a written explanation of the application’s deficiencies.
No further processing of the application shall occur until the deficiencies are corrected.
4. If the deficiencies are not corrected by the applicant within 60 working days, the
application shall be considered withdrawn. If an application is deemed withdrawn
because of failure to correct application deficiencies, notice shall be sent to the
applicant.
5. All applications must be certified complete at least 21 days prior to a planning
commission meeting, unless otherwise allowed by the zoning administrator.
Application processing
A. Referrals
The zoning administrator shall forward complete applications submitted under this article to
such other public officials and agencies as required by law or as deemed appropriate for
further review.
B. Staff reports
Review officials and agencies shall submit written reports containing recommendations on
each application to the zoning administrator and/or planning commission.
§3.1 General Chapter 86. Article 3. Administration
§3.1.9 Variations or exceptions
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C. Burden of proof or persuasion
In all cases, the burden is on the applicant to show that an application complies with
applicable approval criteria.
D. Conditions of approval
When the procedures of this article allow the zoning administrator or the planning
commission to approve an application with conditions, the conditions shall relate to a
situation created or aggravated by the proposed use or development. When conditions are
imposed, an application will not be deemed approved until the applicant has complied with
all of the conditions. Surety in a form acceptable to the city attorney may be required to
ensure compliance with the conditions.
E. Decisions
Unless specifically provided elsewhere, all final decisions by the planning commission,
including preliminary plats and administrative appeals, shall require an affirmative vote. Tie
votes shall be considered denials of any requested change.
F. Notice of decision
1. Within five days after final decisions are made on applications submitted pursuant to
this article, a written copy of the decisions shall be sent by first class mail or delivered to
the applicant and filed with the zoning administrator, where it shall be available for
public inspection during regular office hours.
2. If an administrative application or request is denied, the zoning administrator shall
provide in writing the cause of such disapproval to the applicant.
G. Inactive files
For inactive files, the zoning administrator may notify the applicant and applicant's agent in
writing that a file has been closed when the file has been inactive for a period of time equal
to or exceeding 12 months. Requests for action after a file has been declared inactive and the
applicant has been notified require resubmittal as a new application. Review fees and cost of
publication are required to be paid as part of the resubmittal.
Variations or exceptions
A. Whenever this chapter contains provisions for variation or exception to a requirement, the
zoning administrator or planning commission in considering a request for a variation or
exception, shall consider whether, because of unusual size, topography, shape of the
property, location of the property or other unusual conditions (excluding the proprietary
interests of the applicant) the requirement that is proposed to be varied or excepted would
result in substantial injustice or hardship and would not forward the purposes of this chapter
or serve the public interest.
1. In approving any such request, the zoning administrator or planning commission shall
find that adherence to the requirements would result in substantial injustice or
hardship, and that granting the variations or exceptions would not be detrimental to the
public health, safety or welfare or to the orderly development of the area.
2. Prior to varying or granting an exception to a provision of this chapter, the zoning
administrator or planning commission shall obtain a written opinion of the fire marshal
or building official as to whether the requested variations or exceptions can be
Chapter 86. Article 3. Administration §3.1 General
§3.1.9 Variations or exceptions
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accommodated within the applicable requirements of the Virginia Statewide Fire
Prevention Code (VSFPC) and the Uniform Statewide Building Code (USBC).
3. Prior to varying or granting an exception to a provision of this chapter involving utilities,
the planning commission shall obtain a written opinion of the zoning administrator as to
whether the requested variations or exceptions can be accommodated within applicable
regulations, specifications and ordinances governing utilities.
4. An applicant may appeal the zoning administrator or planning commission decision to
deny a variation or exception request to the city council. In reviewing the request, the
city council may approve or disapprove the request based on the applicable findings set
forth in this section.
B. A request for a variation or exception pursuant to subsection §3.1.9.A, above, may be made
either prior to or contemporaneous with submittal of a preliminary plat.
§3.2 Minor Subdivisions Chapter 86. Article 3. Administration
§3.2.1 Applicability
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§3.2. MINOR SUBDIVISIONS
Applicability
The review procedures of this §3.2 shall apply to all minor subdivisions and boundary line
adjustments.
Application requirements
All applications for minor subdivisions shall be submitted in accordance with §3.1.6 and shall
include a final plat in accordance with the requirements of §3.2.
Action by zoning administrator
A. Upon submission of a completed application, the zoning administrator shall review the
application in accordance with §3.1.8. Applications that are in compliance with the approval
criteria of §3.2.4 shall be approved.
B. If the minor subdivision is determined not to be in conformance with the approval criteria of
§3.2.4, the applicant may elect to proceed with major subdivision
review (§3.3).
Approval criteria
Minor subdivisions shall be approved only when the zoning
administrator finds that no more than 49 new lots are being created.
Actions following approval
Following approval, the applicant may submit the final plat as provided
in §3.3.3.
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Review
Chapter 86. Article 3. Administration §3.3 Major Subdivisions
§3.3.1 Pre-application meeting
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§3.3. MAJOR SUBDIVISIONS
Pre-application meeting
A. Before submitting an application for a major subdivision, each applicant shall hold a pre-
application meeting with the zoning administrator to discuss the procedures, standards and
regulations required for development approval in accordance with this chapter.
B. No official action shall be taken at such meeting and no commitments shall be made by the
city or any agency thereof at such meeting.
Preliminary plats
A. Application requirements
1. All applications for preliminary plat review shall be
submitted in accordance with §3.1.6, Application
requirements. Each preliminary plat shall include plans for
all property in the contiguous ownership or control of the
applicant.
2. The application shall enumerate any requested variation(s)
or exception(s) from the provisions of this chapter, and
shall state with specificity the justification for each.
3. Each preliminary plat shall include the delineation of:
(a) Resource protection area and resource management
area boundaries, if any, including notations of the
following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot
wide buffer area, as specified in subdivision 3 of
9VAC25-830-140;
(2) The permissibility of only water dependent
facilities or redevelopment in resource
protection areas, including the 100-foot wide
buffer area;
(3) The delineation of the buildable areas that are
allowed on each lot, based on the performance criteria specified in Part IV
(9VAC25-830-120 et seq.); and
(b) Front yard, side yard (interior) and side (street) yard requirements (setbacks); and
any other relevant easements or limitations regarding lot and building coverage in
accordance with the requirements of this chapter.
4. Preliminary plats shall be prepared by a certified professional engineer or land surveyor.
When the plat is of land acquired from more than one source of title, the outlines of the
several tracts shall be indicated upon such plat.
5. When a subdivision is to be developed in phases, a preliminary plat shall be submitted
for the entire development. Final plats shall be submitted for individual phases as each
Staff
Review
Final Action
Planning
Commission
Review
Completeness
Review
Application
Initiation
Recommendation
§3.3 Major Subdivisions Chapter 86. Article 3. Administration
§3.3.2 Preliminary plats
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phase is developed. Each new phase shall be developed adjacent to a previously platted
phase.
B. Action by the zoning administrator
1. Upon submission of a completed application, the zoning administrator shall review the
application in accordance with §3.1.8 and for compliance with the approval criteria of
§3.3.2.D.
2. The zoning administrator shall prepare a report that reviews the application in
accordance with comments provided by the review agencies, and the applicable
requirements of this chapter. The report, preliminary plat, and any related materials
shall be forwarded to the planning commission.
C. Action by the planning commission
1. The planning commission shall review the application for compliance with the approval
criteria of subsection §3.3.2.D, below.
2. The planning commission may approve the application, disapprove the plat, or send the
plat back to the zoning administrator for additional information.
D. Approval criteria
Preliminary plat applications shall be approved when the plat, including all new and residual
parcels, complies with the design and improvement standards of Article 2 and any other
applicable regulations.
E. Actions following approval
Approval of a preliminary plat does not constitute approval of the final plat. Rather, it shall
be deemed an expression of approval of the layout submitted on the preliminary plat as a
guide to the preparation of the final plat. Application for approval of the final (record) plat
will be considered only after the requirements for final plat as specified in §3.3.3 have been
fulfilled and all other specified conditions have been met.
F. Phased subdivisions
1. Protected rights
The right to develop subsequent future phases shown on an approved preliminary plat
shall be protected for five years or for such longer period as the planning commission
may, at the approval, determine to be reasonable, taking into consideration the size and
phasing of the proposed development, provided the requirements of Virginia Code §
15.2-2241(5) are satisfied.
2. Extensions
By application of the applicant filed prior to expiration of an approved preliminary plat,
the commission may grant one or more extensions of its approval for additional periods
as the commission may, at the time the extension is granted, determine to be
reasonable in accordance with the provisions of Virginia Code § 15.2-2261.
G. Period of validity
Once a preliminary plat is approved, it shall be valid for a period of five years, as specified
within Virginia Code § 15.2-2260(F), and subject to the provisions thereof.
Chapter 86. Article 3. Administration §3.3 Major Subdivisions
§3.3.3 Final plats
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Final plats
A. Application requirements
1. Final plats shall be submitted in accordance with §3.1.6, Application requirements.
2. The final subdivision plat submitted for approval and subsequent recording shall
conform to the approved preliminary plat. Any departure from the approved
preliminary plan shall be noted by a separate statement, and presented to the zoning
administrator with the final plat.
3. Final plats shall be prepared by a certified professional engineer or land surveyor, who
shall endorse upon the final plat a certificate signed by him setting forth the source of
the title of the owner of the land subdivided, and the place of record of the last
instrument in the chain of title. When the plat is of land acquired from more than one
source of title, the outlines of the several tracts shall be indicated upon such plat.
4. Engineered construction plans shall be submitted for the required improvements.
5. Each final plat shall include the delineation of:
(a) Resource protection area and resource management
area boundaries, if any, including notations of the
following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot
wide buffer area, as specified in subdivision 3 of
9VAC25-830-140;
(2) The permissibility of only water dependent
facilities or redevelopment in resource protection
areas, including the 100-foot wide buffer area;
(3) The delineation of the buildable areas that are
allowed on each lot, based on the performance
criteria specified in Part IV (9VAC25-830-120 et
seq.); and
(b) Front yard, side yard (interior) and side (street) yard
requirements (setbacks); and any other relevant easements or limitations
regarding lot and building coverage in accordance with the requirements of this
chapter.
6. Final plats shall meet the standard for plats as adopted under Virginia Code § 42.1-82,
which is part of the Virginia Public Records Act, Virginia Code § 15.2-2241(1) and § 15.2-
2258.
B. Action by the zoning administrator
1. Within 60 days of the submission of a completed application, the zoning administrator
shall review the application in accordance with §3.1.8 and for compliance with the
approval criteria of subsection §3.3.3.C, below. Subsequent submissions made within
45 days in accordance with Virginia Code § 15.2-2259.
Staff
Review
Final Action
Application
Submittal
Completeness
Review
Zoning
Administrator
Action
§3.3 Major Subdivisions Chapter 86. Article 3. Administration
§3.3.3 Final plats
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2. Upon a finding that all of the requirements of this chapter have been met, the zoning
administrator shall approve the final plat to which shall be affixed the signature of the
zoning administrator.
3. If the zoning administrator disapproves the final plat, the reasons for such disapproval
shall be stated in writing, specifying the provisions with which the final plat does not
comply.
C. Approval criteria
Final plats shall be approved when the following conditions exist:
1. Where a preliminary plat was required, the final plat shall be substantially consistent
with approved preliminary plat; and
2. The plat, including all new and residual parcels, complies with the design and
improvement standards of Article 2 and any other applicable regulations.
D. Recordation
Approved final plats shall be recorded in the office of the clerk of the circuit court within six
months after final approval by the zoning administrator.
E. Period of validity
1. Unless a final plat is recorded in the office of the clerk of the circuit court of Fairfax
County within six months after final approval, such approval shall be deemed withdrawn
and the plat shall be marked void and returned to the applicant; however, if
construction of any facilities to be dedicated for public use has commenced pursuant to
an approved plan or permit with surety approved by the city, the time for plat
recordation shall be extended to one year after final approval, or the time limit specified
in the approved surety agreement, whichever is greater.
2. Once a final plat is approved and the applicant has recorded the plat, it shall be valid for
not less than five years, as specified within Virginia Code § 15.2-2261, and subject to the
provisions thereof.
F. Actions following approval
1. The applicant shall provide the zoning administrator with the required number of copies
of the final plat as approved and signed by the zoning administrator.
2. Upon completion of the required improvements in accordance with §2.10 and before
the final and complete discharge of the financial guarantee required by §2.11, the
applicant shall file a certificate of completion and subdivision plan prepared by a
professional engineer, architect or a land surveyor (as-built subdivision plan), and the
developer shall also submit his or her own certification to the agent that all of the
construction costs for the improvements, including those for materials and labor, have
been paid to the person(s) constructing the improvements. The as-built subdivision plan
may be a copy of the original approved construction plan of proposed improvements
clearly showing all significant deviations from the approved construction.
3. Upon written request by the applicant, periodic partial releases of the bond or other
performance guarantee shall be approved by the zoning administrator up to a
cumulative amount of no more than 80 percent of the original amount. Periodic partial
releases shall not be granted before the completion of at least 30 percent of the
Chapter 86. Article 3. Administration §3.3 Major Subdivisions
§3.3.4 Plat modifications
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City of Fairfax, Virginia RETURN TO TABLE OF CONTENTS 3-11
facilities covered by the bond or other performance guarantee nor after completion of
more than 80 percent of the facilities. No more than three periodic partial releases shall
be granted in any 12-month period.
4. Upon the final approval of the as-built subdivision plan and as a condition to the
discharge of the subdivision bond, the owner or developer may be required to provide a
two-year warranty bond with surety equal to 10 percent of the original subdivision bond
and in a form conforming to chapter 2, article VI, division 2 of this Code.
G. Responsibility for improvements
Required improvements shall be the applicant’s responsibility in accordance with §2.10.
H. Guarantee of improvements
A guarantee of required improvements shall be provided in accordance with §2.11.
I. Inspections
Inspections of improvements shall be made in accordance with §2.12
Plat modifications
A. Boundary line adjustments
1. General
The boundary lines of any lot or parcel of land may be vacated, relocated or otherwise
altered by recordation of a deed or boundary line adjustment plat, without vacation of a
recorded plat.
2. Approval criteria
Boundary line adjustments may be approved subject to the following findings:
(a) The resulting lots will conform to the zoning requirements of chapter 110.
(b) No easements or utility rights-of-way located along any lot lines to be vacated may
be extinguished or altered without the express consent of all persons holding any
interest therein, and such consent shall be evidenced by the signatures of such
persons on the deed.
(c) The action shall not involve the relocation or alteration of streets, alleys,
easements for public passage, or other public areas.
(d) The deed reflecting the boundary line adjustment shall reference the recorded plat
by which the applicable lot lines were originally created, and the city attorney must
approve the deed in writing, on its face.
(e) The lots affected by a boundary line adjustment must have been:
(1) Part of an otherwise valid and properly recorded subdivision plat approved
pursuant to this chapter or a prior subdivision ordinance of the city; or
(2) Part of a properly recorded deed prior to the adoption of the first subdivision
ordinance of the city that required an approved subdivision plat under the
applicable circumstances.
§3.4 Administrative Appeals Chapter 86. Article 3. Administration
§3.3.4 Plat modifications
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B. Plat vacations
1. General
A recorded plat or any part thereof may be vacated pursuant to Virginia Code §§ 15.2-
2271 through 15.2-2274. The clerk of the circuit court shall write in plain legible letters
across such plat, or the part thereof so vacated, the word "vacated," and shall also make
a reference on the vacated plat to the volume and page in which the instrument of
vacation is recorded.
2. Where no lot has been sold
Where no lot has been sold within a subdivision, the recorded plat, or part thereof, may
be vacated according to one of the following methods:
(a) Zoning administrator approval
With the consent of the zoning administrator, any such vacation shall be
accomplished only by a written instrument as required by Virginia Code § 15.2-
2264, declaring the plat, or part thereof, to be vacated, and such written
instrument shall be approved and signed by the city attorney. Recordation of such
written instrument shall operate to destroy the force and effect of the recording of
the plat so vacated, and to divest all public rights in, and to reinvest the owners,
proprietors and trustees, if any, with the title to the streets, alleys, easements for
public passage and other public areas laid out or described in the plat.
(b) City council action
By ordinance of city council, provided that no facilities for which bonding is
required pursuant to Virginia Code §§ 15.2-2241 through 2245 have been
constructed on the property and no facilities have been constructed on any related
section of the property located in the subdivision within five years of the date on
which the plat was first recorded.
3. After sale of lot(s)
In cases where any lot(s) has been sold within a subdivision, the recorded plat, or part
thereof may be vacated in accordance with Virginia Code § 15.2-2272. Any written
instrument or ordinance vacating a plat pursuant to Virginia Code § 15.2-2272 shall
operate to destroy the force and effect of the recording of the plat or part thereof so
vacated, as set forth within Virginia Code § 15.2-2274.
§3.4. ADMINISTRATIVE APPEALS
Any final decision by the zoning administrator, including but not limited to decisions to deny a variation
or exception request, may be appealed to the city council within 30 days of the decision. In reviewing
the request, the city council may approve or disapprove the request based on the applicable
requirements of this article.
§3.5. APPEALS TO COURT
If the zoning administrator fails to approve final plat or to notify the applicant in writing of required
changes or modifications of the preliminary plat within 60 days of the date of the submission of a
complete application, the applicant may appeal to the circuit court.
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Article 4. Enforcement and Penalties
§4.1. RESPONSIBILITY FOR ENFORCEMENT
The zoning administrator is responsible for the interpretation, administration and enforcement of the
provisions of this chapter unless otherwise expressly stated.
§4.2. PENALTIES FOR VIOLATION
Any person violating the foregoing provisions of this chapter shall be guilty of a class 3 misdemeanor
and subject to a fine of not more than $500 for each lot or parcel of land so subdivided, transferred or
sold and shall be required to comply with all provisions of this article and the subdivision ordinance. The
description of the lot or parcel by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the transaction from the penalties or
remedies herein provided.
§4.2 Penalties for violation Chapter 86. Article 4. Enforcement and Penalties
§3.3.4 Plat modifications
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Article 5. Definitions
§5.1. GENERAL
Any term not herein defined shall be as defined elsewhere in the City Code, or, if not defined elsewhere
in the City Code, as defined in Webster's New International Dictionary, most recent edition.
§5.2. ABBREVIATIONS
ADA: American Disability Act.
BMP: Best management practices.
VSFPC: Virginia Statewide Fire Prevention Code.
USBC: Uniform Statewide Building Code.
§5.3. DEFINED TERMS
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
ABUTTING: The property directly touches another piece of property.
ADMINISTRATIVE ACTION: Nondiscretionary action taken by the city council, planning commission,
zoning administrator or other administrative staff interpreting regulations, or reviewing
subdivisions, site plans, or permits; an administrative action must satisfy the requirements
prescribed under state law or this chapter, whichever is stricter.
ALLEY: See §2.2.3.
ARTERIAL STREET: See “street” and §2.2.3.
BLOCK: A block is a rectangular space bounded on three sides by a street and on the forth by a lane and
occupied by or intended for buildings. (See also §2.3.1).
BOND COMMITTEE: A committee composed of the city manager, city attorney and the director of public
works authorized to determine the adequacy of, and approve bonds.
BOUNDARY LINE ADJUSTMENT: See §3.3.4.
BUILDING: A structure projecting above the level of the ground, intended for the shelter, support or
enclosure of persons, animals or chattels. When a structure is completely separated into two or
more portions by divisional walls from the foundation up to the roof without any normal access
openings each such portion of the building shall be deemed a separate building.
COMMISSION: The planning commission of the City of Fairfax.
CRITICAL SLOPE: That portion of a lot that has a grade in excess of 25 percent.
CUL-DE-SAC: A cul-de-sac is a short street designed to have one end permanently closed; the closed end
terminated by a vehicular turn around, approved by the zoning administrator.
DEVELOPER: See “applicant, subdivider or developer”.
§5.3 Defined Terms Chapter 110. Article 5. Definitions
§3.3.4 Plat modifications
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DEVELOPMENT: All and disturbance and the resulting landform associated with the construction of
residential, commercial, industrial, institutional, recreation, transportation or utility facilities or
structures or the clearing of land for non-agricultural or non-silviculture purposes.
FRONTAGE: The dimension of a property that is adjacent to a street, other than an alley.
LEGISLATIVE ACTION: Discretionary action taken planning commission, zoning administrator or other
administrative staff regarding the comprehensive plan or plan amendments, text amendments, or
map amendments (rezonings); a reasonably debatable action that could result in a decision that
promotes the general welfare of the city.
LOT: See “lot of record”.
LOT, CORNER: A lot bordering on two or more streets that intersect at an angle not greater than 135
degrees.
LOT, INTERIOR: A lot other than a through lot or corner lot.
LOT, PIPESTEM (FLAG LOT): An irregularly shaped lot which has an appendage or extension which does
not meet or exceed 75 percent of the lot width requirements of the applicable district.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the clerk of the circuit
court of Fairfax County, or a lawful lot existing on the effective date of the city’s zoning regulations
applicable to the district in which the lot is located and described by metes and bounds, the
description of which has been so recorded.
LOT, THROUGH (DOUBLE FRONTAGE LOT): A lot other than a corner lot that has frontage on more than
one street.
MAJOR SUBDIVISION: See §3.1.5 (See also §3.2)
MINOR SUBDIVISION: See §3.1.5 (See also §3.3)
OWNER: The owner of record according to the land records of Fairfax County.
PEDESTRIAN PATH: See §2.3.
PLAT OR PLAT OF SUBDIVISION: A plat or plat of subdivision is a schematic representation of land
divided or to be divided and information required by this chapter and state law.
PROFESSIONAL ENGINEER, ARCHITECT OR A LAND SURVEYOR: An engineer, architect or land surveyor
licensed by the commonwealth of Virginia.
PUBLIC FACILITIES MANUAL: The Public Facilities Manual for the City of Fairfax.
REQUIRED IMPROVEMENTS: Site-related improvements (§2.10.1).
RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a road, crosswalk, pedestrian
path, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer
main, or for other special use.
SITE OR PROJECT AREA: The total land area contained within the property lines of a development site
SITE-RELATED IMPROVEMENTS: See “required improvements”.
SLOPE EASEMENT: An easement to permit the creation and maintenance of slopes necessary to
stabilize construction or to stabilize lands adjacent to construction.
STREET, COLLECTOR: See §2.2.3.
Chapter 110. Article 5. Definitions §5.3 Defined Terms
Subdivision Ordinance 5/18/2013 ADOPTION DRAFT
City of Fairfax, Virginia 5-5
SERVICE DRIVE: See §2.2.3.
STREET, LOCAL: See §2.2.3.
STREET, PRIVATE: A local or collector street, not a component of the city street system that is owned
and regulated, with maintenance guaranteed by a private entity.
STREET, PUBLIC: A dedicated and accepted public right-of-way for vehicular traffic either accepted by
the city for maintenance or dedicated on an approved plat where the dedicator has entered into a
contract with the city to construct the same, including the following: thoroughfare, arterial,
collector, local, and service drive. (See §2.2.3)
STREET, THOROUGHFARE: See §2.2.3.
STRUCTURE: Anything constructed or erected which requires a location on the ground, or is attached to
something having a location on the ground, including but not limited to advertising signs,
billboards, fences, radio towers, gasoline pumps and swimming pools.
SUBDIVIDER: See “applicant, subdivider or developer”.
SUBDIVISION: Division or re-division of a lot, tract or parcel of land into two or more lots or other
division of land. This includes any changes in street or lot lines
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INDEX
Acts Prohibited, 3-1
Appeals
administrative, 3-12
to court, 3-12
Application Processing
general, 3-3
Application Requirements
general, 3-2
Blocks, 2-6
Boundary Line Adjustments, 3-11
Concurrent Applications, 3-2
Construction Standards and Plans, 2-1
Drainage, 2-7
Effective Date, 1-1
Improvements
financial guarantees for, 2-9
required, 2-8
responsibility for costs, 2-8
Inspections, 2-9
Lots, 2-5
Major Subdivision
defined, 3-2
review procedure for, 3-7
Minor Subdivision
defined, 3-1
review procedure for, 3-6
Monuments, 2-8
Multi-use Paths, 2-4
Pedestrian and Biking Facilities, 2-3
Pedestrian Paths, 2-5
Phased Subdivisions, 3-8
Plat Required, 3-1
Plat Vacations, 3-12
Preliminary Plat, 3-7
Reserve Strips, 2-3
Sewer and Water, 2-8
Sidewalks, 2-4
Street Signs, 2-1
Street Types, 2-1
Streets, 2-1, 2-6
Surveys, 2-8
Title, 1-1
Underground Utilities, 2-7
Variations and Exceptions, 3-4
Violations
penalties for, 4-1
Zoning Administrator, 3-1