View the Code of Virginia: Provisions applicable to certain conditional rezoning proffers.
The Proffer Management Team reviews approved proffers and conditions to determine whether they are in compliance. They issue proffer determinations and manage any proffer determination appeals that are filed. They also ensure that all bonded proffer and special exception conditions have been fulfilled prior to developer bond release, and performs audits of applications to ensure that all proffers and special exception conditions have been satisfied.
A proffer or proffered condition is a voluntary commitment from a landowner or developer to reduce or eliminate the impact of new development on neighboring properties and the county. In the case of residential development, applicants may assist localities by proffering cash or land towards public facilities and infrastructure needed to serve the new development, such as schools and roads.
A property owner may proffer in writing the provision of reasonable conditions to apply. Proffered conditions may include written statements, development plans, profiles, elevations, or other demonstrative materials. Once proffers are accepted, they become a part of the zoning regulations applicable to the property unless subsequently changed by a zoning concept plan amendment application or by a new zoning map amendment. A guarantee may be required by the Zoning Administrator for the construction, installation, provision or performance of any public improvements, site improvements, facilities or obligations required by proffers.
Special Exception Conditions
The Board of Supervisors may impose conditions, safeguards and restrictions upon the premises benefited by the special exception. Conditions and restrictions may include, but are not limited to, fencing, planting or other landscaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, size, height and location of signs, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The Board may require a guarantee or bond to ensure compliance with the conditions.
Proffer determinations are prepared by the Proffer Management Team to interpret proffer requirements or to request performance of proffer requirements. To request a proffer determination, submit a written request via U.S. Mail to the following address:
Department of Planning and Zoning
Attention: Zoning Administrator
P.O. Box 7000
1 Harrison Street, SE
Leesburg, VA 20177
Requests may also be submitted to the Building and Development Land Development Counter. The fee for a Proffer Determination is $690 and must be included with the application.
Any person aggrieved by a decision of the Zoning Administrator regarding any proffered condition may appeal such decision to the Board of Supervisors. Such appeal shall be filed within 30 calendar days from the date of the decision appealed by filing a notice of appeal with the Zoning Administrator. Such notice shall be a written statement specifying the grounds on which aggrieved and the basis for the appeal and shall include the materials specified in Section 6-1209(K). Upon receipt of the appeal notice, the Board of Supervisors shall take such testimony as it deems appropriate and shall render its decision within 90 calendar days after receipt of the appeal notice and following a public hearing. The Board of Supervisors may reverse or affirm wholly or partly or may modify the decision of the Zoning Administrator.