When I make community presentations, citizens regularly tell me they prefer rezoning over by-right development because of the proffer system. Proffers benefit both the new development and the surrounding community. Now, the Virginia General Assembly is considering HB 770 and SB 549 (identical bills) which would end the proffer system as we have known it in Fairfax County. Read the bill at: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB770.
Crafted at the behest of the home builder industry, the bills strictly limit off-site proffers for all rezonings with residential components, including mixed-use developments. Exceptions will be extended only to address a need uniquely created by the new development and to create a direct benefit to the new development. Additionally, current provisions which allow proffering of architecture, design features, building materials and methods of construction will be specifically prohibited.
The Fairfax County Board of Supervisors is opposed to the changes. They noted that, while education, transportation and recreation proffers would probably continue, proffers for upgrades to other public facilities like water and sewer, storm water management outfalls, libraries and public safety would be deemed "unreasonable." For rezonings granted but not yet constructed, the legislation provides for existing proffers to be undone through Proffer Condition Amendments.
Because it meets only monthly, the SFDC Board of Directors has not discussed this proposal, but staff wanted to make you aware of it because of the brevity of the 60-day General Assembly session. If you have an opinion, please make it known by contacting your state legislators. In our area, they are:
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Edythe Kelleher, SFDC Executive Director
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