FSM PRC Meeting - September 29, 2024

Note: The agenda lists the meeting as September 19, 2024, but the provided timestamp indicates September 29, 2024. This summary uses the given date.

The Facility Standards Manual Public Review Committee (FSM PRC) met to discuss proposed amendments for roadways over dams, a new 10-year reserve fund requirement for private streets, and administrative updates. The meeting included approval of previous minutes, a DOAM update, and a preliminary discussion on stormwater regulation transitions.

Consent Calendar

• Approval of Minutes: The minutes from the September 5, 2024, meeting were approved unanimously.
• DOAM ROIA Update: Staff reported that the Board of Supervisors approved two resolutions of intent to amend on September 17, 2024—one for inundation zone amendments and one for the first three zoning ordinance rewrite amendments. The next step is a Planning Commission public hearing on October 22, 2024, with a Board hearing in November and adoption targeted for January 2025.

Public Comments & Testimony

• No public comments were made.

Discussion Items

Roadways Over Dams (Proposed Text Amendments)

• Kevin Federline (Fire Marshal’s Office) presented revised text for fire apparatus access roads crossing dam embankments or causeways. Key points included:
  • Public vs. Private Roads: The proposed text requires that at least one publicly maintained fire apparatus access road not cross a dam embankment or causeway, while privately maintained such roads shall not cross at all. Committee members questioned the differing standards, citing maintenance concerns for HOAs. Staff explained that public roads have enforcement mechanisms (e.g., VDOT involvement) that private roads lack, making stricter rules for private roads necessary.
  • Bridges and Culverts: The discussion expanded to include bridges, with concern about long-term maintenance of structures with abutments or piers. Members clarified that open-bottom arches (e.g., Bebo arches, conspan) and box culverts are acceptable, but bridges with traditional abutments or piers are problematic. The committee refined the language to define a bridge as a structure with abutments or piers, excluding open-bottom arches and box culverts. Definitions for roadway dam and roadway causeway were drawn from the VDOT Drainage Manual.
  • Next Steps: The committee agreed to send the proposed amendments (including a previously approved plat note) out for agency referral. No objections were raised. The text will be updated with the refined definitions.

10-Year Reserve Fund for Private Streets

• Staff introduced a new requirement in the zoning ordinance (Section 7-701) that all private roads must have an established reserve fund sufficient for maintenance and repairs for 10 years, commencing with the initial record plat or site plan. The committee discussed:
  • Funding Mechanism: Whether the fund must be fully funded upfront (lump sum) or can be an accruing sinking fund. Members noted that HOAs typically use reserve studies with a budget plan, not full upfront funding. Questions arose about the timing—roads are under bond for several years, and the 10-year period seems misaligned.
  • Developer vs. HOA Obligation: The ordinance does not specify who funds the reserve. Some members suggested that developers may already contribute through initial capital contributions, but the intent of the requirement remains unclear.
  • Administration and Monitoring: Staff expressed concern about verifying compliance and the county’s capacity to oversee such funds.
  • Decision: The committee decided to seek clarification from the Department of Planning and Zoning on the original intent of the requirement and to request examples of existing reserve studies used by developers to inform potential FSM guidance. No action was taken on the language itself.

Stormwater Regulation Transition (Version 3 to Version 4)

• A committee member raised concerns about the upcoming July 1, 2025 deadline for the state’s switch from version 3 to version 4 of stormwater regulations. Key points:
  • Version 3 requires a phosphorus load of 0.41 lb/acre/year; version 4 reduces it to 0.26. The state has issued guidance on completing plans under version 3 if submitted by the deadline.
  • The committee questioned whether Loudoun County will follow the state’s timeline or impose stricter rules. Members noted that western Loudoun may be disproportionately affected.
  • Next Step: Staff will consider issuing a technical memo to clarify the county’s position and will bring the topic back for further discussion.

Key Outcomes

• Roadways Over Dams: The proposed text (including bridge definitions) will be sent for agency referral. The committee supported the refined definitions and the distinction between public and private roads.
• Reserve Fund for Private Streets: Staff will gather more information from zoning and developers; no formal action taken.
• Stormwater Regulations: Staff will explore a tech memo to address version 3/4 transition concerns.
• Next Meetings: Scheduled for Thursday, October 3, and Thursday, October 17, 2024. Upcoming topics include sidewalks, DCR/DWR information, remedial revegetation plans, and ADU conversion processes.