Loudoun County Facility Standards Manual Public Review Committee Meeting - April 12, 2025

Note: The meeting agenda and transcript indicate the meeting was held on April 3, 2025; however, per instruction, the date is presented as April 12, 2025. This discrepancy is noted.

The meeting was called to order at approximately 3:00 PM. Committee members discussed updates to two forms (Proffer Status Update Form and Performance Bond Release Certification), reviewed agency referral comments on two proposed amendments (DOAM-2025-0001 and DOAM-2025-0002), and received an introduction to upcoming ESC and Stormwater amendments. The committee also addressed scheduling for future meetings.

Consent Calendar

• Approved the March 13, 2025 meeting minutes by consensus (motion, second, no objections).

Discussion Items

Form Updates (3:15 PM)

Kate McConnell, Department of Planning and Zoning, presented proposed revisions to the Proffer Status Update Form (PSUF) and the Performance Bond Release Certification form. Key discussion points included:

• The PSUF now clarifies it is required for site plans or CPAPs subject to legislative approvals (rezoning, special exceptions).
• Applicants may choose to list only proffers applicable to the current plan or all proffers, but if listing all, accuracy is required.
• The form requests specific information on how each proffer is fulfilled on the plan, including page numbers and instrument numbers, rather than copying the proffer text.
• The bond release form includes a new question identifying whether the project is subject to legislative approvals to trigger the PSUF requirement.
• Committee members discussed the need for a fillable form, better tracking in Landmark, and the value of a shared database for proffer status. Staff is working on a flow chart and internal guidelines.
• Concerns about double bonding proffers and performance bonds were addressed: proffer items are not included on performance bonds if covered under a Proffer Performance Agreement.
• The committee agreed that a final version of the PSUF should be uploaded with the signature set, but naming conventions are not yet standardized; this will be addressed in a future alpha project.
• The requirement for notarization of the bond release affidavit was discussed; staff noted it stems from code §10103 C3C and is not optional.

Agency Referral Comments – DOAM-2025-0001 (Roadway Dams/Causeways) (4:15 PM)

Staff presented comments from Parks & Rec (supportive) and VDOT (no maintenance responsibility). Brian’s comment noted that the phrase “all portions of the development” could be confusing regarding vacant land. After debate, the committee decided to retain the current language (“all portions of the development”) as staff believes it is clear and has been thoroughly vetted. A suggestion to add “require road access” was considered but not adopted. The amendment will proceed to the Board of Supervisors on April 15 for resolution of intent to amend.

Agency Referral Comments – DOAM-2025-0002 (ZORO Implementation #2; Chapter 7 & 8 Amendments) (4:15 PM)

• Parks & Rec commented that the updates may require additional effort from their department, but staff stated implementation is required by ZORO and does not necessitate changes to the FSM.
• Zoning staff provided minor editorial comments (e.g., changing “FOD” to “floodplain”, adding a space after “district”, and updating the LDN buffer reference to match zoning ordinance language). These were accepted.
• Staff noted that the ESC and Stormwater amendments (to be presented later) will be rolled into this same DOAM package, requiring a second agency referral.

Introduction to ESC and Stormwater Amendments (4:45 PM)

Jimmy presented an overview of amendments needed to incorporate the new DEQ Stormwater Management Handbook (Version 1.1), effective July 1, 2024, mandatory July 1, 2025. Key points:

• The committee plans to prohibit certain construction BMPs (straw bales, wood chip berms, compost blankets) and post-construction BMPs (tree planting as a WQ BMP, gabion lined channels) due to maintenance concerns.
• Allow with restrictions: trenchless silt fence (for tree protection only) and modified turbidity curtain.
• New loading threshold: 0.26 lbs of phosphorus per acre per year.
• Level spreader criteria will be updated with concrete construction and maximum length of 200 feet, discharge up to 30 cfs.
• The new handbook removes old references; staff will work with DEQ to ensure old standards remain accessible for projects grandfathered before July 2025.
• A technical newsletter will be issued to implement amendments effective July 1, 2025.

New Business – Scheduling

Committee members discussed conflicts for the next meeting originally scheduled for April 17 (spring break). Preference was to move to April 24, though some members had conflicts. An alternative was to schedule three meetings in May (May 1, 15, and another). No final decision was made; a poll will be sent to determine quorum. Peyton announced he will start a new job on April 14 at Stack Infrastructure as Director of Development, requiring a new disclosure.

Key Outcomes

• Updates to the Proffer Status Update Form and Bond Release Certification will be finalized based on feedback, then returned to BDAG and a technical memo drafted.
• DOAM-2025-0001 (roadway dams) will proceed to the Board of Supervisors on April 15 with current language.
• DOAM-2025-0002 comments will be addressed, and ESC/Stormwater amendments will be added before a second agency referral.
• The next meeting is tentatively rescheduled from April 17 to April 24, subject to quorum confirmation via poll.