Rose Hil Preserve Conditions

DEVELOPMENT CONDITIONS
AS APPROVED BY THE BOARD OF SUPERVISORS*
(*These conditions reflect corrections made on the record by the BOS ON 6/21/04.)

If it is the intent of the Board of Supervisors to approve SE 2003-LE-036 located at Tax Map 92-1 ((8)) 1-18; 92-1 ((7)) 1-8, 27-45, 55-63; 82-3 ((18)) 46-48, 53-54; and portions of Split Rock Road, Wayside Place and Raven Place to be abandoned and/or vacated (6412 – 6429 Wayside Place, 6408-6414 Raven Place, and 4711 – 4739, 4801-4812 and 4900 Split Rock Road) to allow a cluster development pursuant to Sect. 9-615 of the Fairfax County Zoning Ordinance, staff recommends that the Board condition the approval by requiring conformance with the following development conditions.
1	This special exception is granted for and runs with the land indicated in this application and is not transferable to other land.
2	This special exception is granted only for the purpose(s), structures and/or use(s) indicated on the special exception plat, as qualified by these development conditions.
3	This Special Exception is subject to the provisions of Chapter 101 of the County Code, Subdivision Provisions. Any plan submitted pursuant to this special exception shall be in substantial conformance with the approved Special Exception Plat entitled "Special Exception Plat Rose Hill Park", prepared by Christopher Consultants dated September 15, 2003 and revised through April 22, 2004, and these conditions. Minor modifications to the approved special exception may be permitted pursuant to Par. 4 of Sect. 9-004 of the Zoning Ordinance.
4	Prior to any land disturbing activities on the subject site and prior to subdivision approval, a Phase I archaeological study shall be conducted in accordance with the Virginia Department of Historic Resources Guidelines. If, based on the Phase I survey, the Cultural Resource Protection Section (CRPS) of the Fairfax County Park Authority concludes that a Phase II and/or Phase III archaeological study is warranted, then said studies shall be conducted. Artifacts found during the survey process that are deemed significant by the CRPS may be removed by the County.
5	Prior to subdivision plan approval, a geotechnical report of the subject site shall be submitted to the Geotechnical Review Board and all recommendations of the Geotechnical Review Board and DPWES shall be incorporated into the design of the subdivision, to the satisfaction of DPWES. The recommendations of the Geotechnical Review Board (GRB) shall be implemented even if this results in the loss of lots. Should the recommendations of the geotechnical report require a substantial modification to the lot layout, the limits of clearing and grading as shown on the SE Plat, or retaining walls that are not in substantial conformance with those shown on the SE Plat, then a special exception amendment shall be required, which may result in a loss of units. Any lot or unit lost because of this condition shall not be relocated to another part of the site.
6	Geotechnical notes outlining the method of plan implementation shall be submitted to DPWES for review and approval. If DPWES deems any inspection certification to be inaccurate, the Director of DPWES in coordination with the Applicant may retain a geotechnical engineer to perform the services set forth in the notes. In such event, any reasonable expenses incurred by Fairfax County shall be reimbursed by the Applicant.
7	Geotechnical inspection reports certified by a licensed professional engineer (the engineer of record) shall cover all aspects of the slope stabilization structures constructed on the subject site, engineered fill construction, the foundation of all buildings including floor slabs, roadways, public utilities and private driveways. To ensure that certified construction items are in compliance with the approved plans, the form of such certification shall be as determined by DPWES. If deemed necessary, DPWES may require the recordation of all or some of the certifications in the land records
8	The limits of clearing and grading shall be shall be in substantial conformance with that shown on the SE Plat. Any expansion of the limits of clearing and grading shall be permitted only for safety concerns where no other option is available as determined by the Geotechnical Review Board and DPWES. Any changes that are made to the limits of clearing and grading and the retaining walls as shown on the SE Plat at the time of subdivision plan shall be presented to the Rose Hill Civic Association, the Lee District Land Use Committee, the Lee District Planning Commissioner, and the Lee District Supervisor for review and comment prior to subdivision approval.
9	All homeowners’ association (HOA) common area on the perimeter of the site and those portions of the individual lots outside of the limits of clearing and grading are to be undisturbed. These areas shall be used as passive open space area only with no play equipment, above-ground structures of any type or storage of materials within the buffer planting area. However, individual lot owners shall be permitted to install play equipment on their lots so long as there is no clearing and grading necessary for such installation. Fences may be placed within the buffer area, but only if they are hand-installed. The limitations described above shall be disclosed in each initial home sales contract and in the homeowners’ association documents.
10	To ensure that no portion of any contiguous property is damaged as a result of the Applicant’s or the Applicant’s sub-contractor’s faulty and/or negligent grading and construction activity, the following measures shall be undertaken:
	10a Prior to the issuance of construction and/or building permits, whichever occurs first, the Applicant shall conduct inspections of consenting contiguous properties, including Tax Map Parcels 82-3 ((14)) (C) 1-4; 82-3 ((14)) (D) 9, 10; 82-3 ((18)) 49-51; 92-1 ((9)) 4A, 5A; 92-1 ((2)) (C) 6, 7; 92-1 ((6)) 40-49, 51-53, 58-61; 92-1 ((7)) 9-16, 26; 92-1 ((8)) 20-26, to determine any defects that may currently exist on those properties. The inspection shall cover the land and all improvements.
	10b A written request to the contiguous off-site property owners (as described above) shall be mailed (certified mail, return receipt requested), by the Applicant to request access to these properties for the purposes of inspection. This request shall explain the reason for the inspection. The property owners shall be given thirty (30) days from the postmark date of the notice to permit the inspection of the contiguous properties.
	10c Subject to the contiguous off-site property owner’s approval for access as stated in Development Condition 9b above, the inspection shall document the structural conditions of the dwelling unit and foundations of each of the contiguous off-site properties, including interior inspection of basements without removal of paneling and/or sheetrock, to establish existing house structural conditions and existing off-site property conditions prior to any construction and grading on the application property. The contiguous off-site property owners are obligated to disclose to the applicant at the time of inspection any defects of which they may be aware and that will continue and any previous corrective measures that may have been made to these properties. Said inspection shall be performed in the presence of the property owner (if so desired by said owner) by a qualified inspector, not affiliated with and independent of the Applicant and who is acceptable to Fairfax County. A written report with photographs shall be used to establish existing conditions.
	10d Upon completion of the inspection, the results shall be provided to each contiguous off-site property owner and reviewed with each property owner. Both the Applicant and property owner, as qualified in Development Condition 9f below, shall sign the existing condition report to verify its correctness and shall retain a copy for future reference. A copy of the signed report shall be provided to the Director of the Fairfax County DPWES.
	10e The Applicant will be relieved of its responsibility to conduct such an inspection if the contiguous off-site property owner refuses to allow access to the parcel and the house. Prior to being relieved of this responsibility, the Applicant shall mail a letter by certified mail, return receipt requested, to the property owner stating that the Applicant has not been granted access within the initial thirty (30) day period or has been refused access and this letter shall again request access. A copy of such letter shall also be submitted to the Lee District Supervisor and to the Director of DPWES. If the property owner who initially failed to grant access or who refused access again fails to grant the right of access within ten (10) days after the postmark of said second written request, then the Applicant shall be relieved of its obligations to inspect said landowner’s parcel.
	10f Any contiguous off-site property owner’s failure, within twenty (20) days of receipt, to sign the completed inspection report that reflects existing conditions, shall relieve the Applicant of any requirements to obtain said signature.
	10g Any inspections and obligations to the contiguous off-site property owner shall be transferable to a subsequent purchaser in accordance with the terms and conditions described herein.
11	Any portion of the contiguous off-site properties addressed in Development Condition 9 above that may be damaged or may have shifted as a result of the Applicant’s and/or Applicant’s subcontractor’s grading and/or construction activity, shall be repaired and stabilized by a bonded and insured licensed state contractor paid for by the Applicant, subject to the owner’s consent and granting of access Such repairs and stabilization shall be commenced within ninety (90) days of written notification per Development Condition 10B above to the Applicant by a property owner specifying the damage done by the Applicant’s and or Applicant’s subcontractor’s faulty and/or negligent grading and construction activity, unless reasonable additional time is needed to determine an appropriate course of action for repair. Upon receipt of said written notice, the Applicant and the contiguous off-site property owner shall meet to inspect the damage claim, to compare the damage claim with the existing condition report, and to determine an appropriate course of action for repair. If a repair is warranted under the requirements of this condition, such repair shall be diligently pursued and completed without unreasonable delay. Any repair required pursuant to the requirement of this condition shall be insured with a General Liability Policy, as described below. If, despite good faith efforts by both parties, an appropriate course of action for repair cannot be agreed upon, then the parties shall submit the matter to arbitration under the rules of the American Arbitration Association before taking any other action. The foregoing responsibility of the Applicant shall begin upon the commencement of development and shall remain effective until final bond release.
12	Adequate perimeter erosion and sediment control measures shall be installed prior to the start of any construction or earth moving activity as reviewed and approved by DPWES. No disturbed area shall be left unprotected for more than seven (7) days, except for those portions of the site in which earth moving activities are planned to occur imminently beyond that period.
13	Upon conveyance of each dwelling unit, each initial purchaser shall be provided a ten (10) year warranty if then offered in the marketplace from HBW (Home Buyer’s Warranty), RWC (Residential Warranty Corp.), QBW (Quality Builders Warranty), PWC (Professional Warranty Corporation) or other equivalently rated licensed insurer, licensed by the Commonwealth of Virginia, insuring structural stability for each dwelling unit constructed on the subject site for the warranty period. Such warranty shall be transferable by the initial purchaser to subsequent purchasers.
14	During development, General Liability insurance coverage, with a limit of two million dollars ($2,000,000) per occurrence with a $2,000,000 aggregate, insuring against on and off-site property damage which results from faulty and/or negligent grading and construction by the developer or any subcontractor on the subject site shall be obtained by the Applicant. Fairfax County shall be included as an additional insured party in the insurance policy required under this condition, and Fairfax County, as the additional insured, shall be given a forty-five (45) day notice of any proposed changes to the policy. All contractors and subcontractors working on the subject site shall also be required to obtain and maintain general liability insurance coverage in a commercially reasonable amount.
15	A geotechnical engineer shall be retained by the Applicant to be on-site during all phases of construction that are affected by soil stability. During the on-going construction, the geotechnical engineer shall prepare and submit written inspection reports to DPWES regarding on-site compliance with the geotechnical report approved by DPWES. The frequency of the preparation and submission of said inspection reports shall be determined by DPWES.
16	Construction methods that will minimize vibration and the disturbance of adjoining properties shall be utilized by the Applicant, as approved by DPWES. These construction methods shall not include dynamic compaction.
17	All slope stabilization features including but not limited to the piles, retaining walls and subsurface drains shall be bonded. The construction of private driveways shall be addressed in the geotechnical study and constructed in accordance with the Public Facilities Manual. Funds in an amount determined by DPEWS for potential stabilization of each driveway in an amount determined by DPWES shall be escrowed with DPWES in conjunction with the issuance of a building permit for each dwelling unit. The escrow shall be released at the time of final bond release.
18	Prior to the issuance of any building permits, slope stabilization features including, but not limited to piles, cutoff walls, retaining walls, soil nails, subsurface drains, granular wedges, shall be installed, inspected and certified to DPWES by a geotechnical engineer. An as-built plan for these features shall be submitted prior to the issuance of any building permits for the individual units. The geotechnical engineer shall state clearly in his or her certifications whether the slope stabilization features were installed in accordance with the design shown on County-approved plans.
19	During development of the subject site, the telephone number of the site superintendent that will be present on-site during construction shall be provided to the President of the Rose Hill Civic Association and to the Lee District Supervisor’s Office.
20	The deed to each dwelling unit shall contain a disclosure that the subject units are built in an area containing marine clay. The content of the disclosure shall be approved by the County Attorney and recorded in the land records of Fairfax County. Similar disclosure shall be provided in writing to each prospective purchaser in each initial home sales contract and in the homeowners’ association documents specifically stating that the dwelling unit was constructed on marine clay soils. Said initial purchaser shall be required to acknowledge in writing the receipt of this information.
21	Public streets within the proposed development shall be within a 44 foot-wide right-of-way and will measure 28 feet-wide from face of curb to face of curb, subject to VDOT approval. Should the waiver for the width of the public streets not be granted by VDOT, then the site layout shall be revised to reflect the required road width. Any widening of the road shall take place within the buildable area envelope shown on the SE Plat, shall not impact the limits of clearing and grading as set forth in Development Condition 8, and may result in a loss of lots. Should a waiver of the cul-de-sac diameter be granted for the cul-de-sac which serves proposed Lots 32 and 33, then the rear lots for Lots 32 and 33 may be increased.
22	A copy of the approved subdivision plat shall be provided to the President of the Rose Hill Civic Association within twenty (20) days of such approval.
23	Any structural retaining walls shall be constructed of stone or decorative split-faced block. Maintenance of all retaining walls shall be the responsibility of the HOA, even for those located within individual lots. Disclosure of this maintenance responsibility shall be provided to all prospective purchasers prior to entering into a contract of sale and shall be disclosed in the HOA documents. At the time of subdivision approval, a maintenance fund for the future maintenance and replacement of these retaining walls shall be established with the HOA and funded by the Applicant in an amount determined by DPWES.
24	Facades of the units and the design of the entrance feature shall be in substantial conformance with those shown on the SE Plat. The proposed entrance feature must meet the requirements of Article 12.
25	A homeowners’ association (HOA) shall be established to own, manage, and maintain the open space including the tree save areas and all other community owned land and improvements, including all structural retaining walls. The HOA documents shall provide for the fact that the HOA fees and budget will include a fund for retaining wall replacement, which shall not exceed $20,000, in coordination with DPWES.
26	Prior to entering into a contract of sale, all prospective purchasers shall be notified in writing by the Applicant that all vegetation provided within the HOA common area on the perimeter of the site and those portions of the individual lots outside of the limits of clearing and grading are to remain undisturbed. Said purchasers shall be required to acknowledge receipt of this information in writing. The Applicant shall also record a covenant among the land records of Fairfax County setting forth the maintenance responsibility for these individual lot owners with respect to the buffer planting areas on each of these lots. This covenant shall also contain a provision limiting the use of the buffer area as passive open space with no play equipment, above-ground structures of any type or storage of materials within the buffer planting area. Fences may be placed within the buffer area but only if they are hand-installed. The covenant shall run to the benefit of the HOA and the form of the covenant shall be reviewed and approved by the County Attorney, prior to recordation. Each deed of conveyance for said lots shall expressly contain these disclosures and these disclosures shall be contained in the HOA documents Common open space areas in which vegetation is sparse (as determined by the Urban Forestry Division, DPWES) shall be supplemented with six (6) foot high evergreen trees planted approximately twenty (20) feet on center, or with trees relocated from other portions of the property. The location and species of trees shall be reviewed and approved by the Urban Forestry Division of DPWES.
27	A tree preservation plan shall be submitted as part of the first and all subsequent subdivision plan submissions. The preservation plan shall be prepared by a professional with experience in the preparation of tree preservation plans, such as a certified arborist or landscape architect, and reviewed and approved by the Urban Forestry Division. The tree preservation plan shall consist of a tree survey that includes the location, species, size, crown spread and condition rating percentage of all trees 12-inches in diameter and greater ten feet to either side of the limits of clearing and grading shown on the SE Plat. The tree survey shall also include areas of clearing and grading not shown on the SE Plat resulting from engineering requirements, such as off-site clearing and grading for utilities or stormwater outfall. The condition analysis ratings shall be prepared using methods outlined in the latest edition of the Guide for Plant Appraisal published by the International Society of Arboriculture. Specific tree preservation activities that will maximize the survivability of trees identified to be preserved, such as: crown pruning, root pruning, mulching, fertilization, and others as necessary, shall be included in the plan.
28	The services of a certified arborist or landscape architect shall be retained by the Applicant. This arborist or landscape architect shall have the limits of clearing and grading marked with a continuous line of flagging prior to the pre-construction meeting. Before or during the pre-construction meeting, the Applicant's certified arborist or landscape architect shall walk the limits of clearing and grading with an Urban Forestry Division representative and a representative of the Lee District Land Use Advisory Committee to determine where minor adjustments to the clearing limits can be made to increase the survivability of trees at the edge of the limits of clearing and grading. Trees that are not likely to survive construction due to their species and/or their proximity to disturbance will also be identified at this time, and the Applicant shall be given the option of removing them as part of the clearing operation. Any tree that is designated for removal at the edge of the limits of clearing and grading or within a tree preservation area, shall be removed using a chain saw to avoid damage to surrounding trees. If a stump must be removed, this shall be done using a stump grinding machine in a manner causing as little disturbance as possible to the adjacent trees.
29	All trees shown to be preserved on the tree preservation plan shall be protected by tree protection fence. Tree protection fencing four foot high, 14-inch gauge welded wire attached to 6-foot steel posts driven 18 inches into the ground and placed no further than 10 feet apart shall be erected at the limits of clearing and grading as shown on the demolition, and Phase I and II erosion and sediment control sheets. All tree protection fencing shall be installed prior to any clearing and grading activities, including the demolition of any existing structures. The installation of all tree protection fence, except super silt fence, shall be performed under the supervision of a certified arborist. Three days prior to the commencement of any clearing, grading, or demolition activities, the Urban Forestry Division shall be notified and given the opportunity to inspect the site to assure that all tree protection devices have been correctly installed.
30	The proposed limits of clearing and grading shall be reviewed by the Urban Forestry Division, DPWES, to determine whether enhancements to tree save areas may be made based on field conditions, and to finalize the location of areas for possible supplemental plantings of indigenous plant species to include, if possible, the relocation of on-site hollies and dogwoods.
31	A transplanting plan shall be provided as part of the first and all subsequent submissions of the subdivision plan for review and approval by the Urban Forestry Division. The plan shall be prepared by a professional with experience in the preparation of tree transplanting plans, such as a certified arborist or landscape architect. Depending upon site constraints, the plan shall address one or all of the following items: the species and sizes to be transplanted; the existing locations of the trees; the proposed final locations of the trees; the proposed time of year when the trees will be moved; the transplant methods to be used, including tree spade size if applicable; details regarding after-transplant care, including mulching and watering, and, if necessary, support measures such as cabling, guying or staking.
32	A stormwater management pond shall be constructed on the subject site as shown on the SE Plat, subject to the review and approval of DPWES. In addition, and as a possible alternative to meeting best management practices (BMP) requirements, the Applicant shall explore the feasibility of the use of bioretention and other low impact development options with DPWES. Said options shall be implemented as permitted in consideration of existing soils and the review and approval of DPWES. A fence with a height of at least 42 inches shall be erected around the proposed stormwater management pond.
33	Construction activity, which includes idling of equipment, shall be limited to weekdays from 7:00 a.m. to 9:00 p.m. Monday through Friday, and from 8:00 a.m. to 5:00 p.m. on Saturdays. No construction activities will be permitted on Sundays. This condition applies to the original construction only and not to future additions and renovations by homeowners. Consistent with Condition #19, the site superintendent shall notify all employees and subcontractors of these hours of operation and shall ensure that the hours of operation are respected by all employees and subcontractors.
34	Notwithstanding the submission for processing of any applications, plans or plat in furtherance of the development of the subject site, it is acknowledged that no such application, plan or plat nor any permit that would allow earth-disturbing activity shall be approved by Fairfax County until or unless the pending vacation of right-of-way for Raven Place and portions of Split Rock Road and Wayside Place, as shown on the recorded subdivision plat for Section Three, Rose Hill Park and as proposed as part of the Application Property , is approved by the Board of Supervisors ("Board") and is final. The Applicant shall comply with all terms and conditions, if any, of any right-of-way vacation that may be approved by the Board of Supervisors. In the event that such vacation is not approved by the Board, or in the event that the Board’s approval is overturned by a court of competent jurisdiction, any development of the subject site pursuant to this special exception shall require a special exception amendment and it is acknowledged that such amendment may result in a loss of density. The Applicant hereby waives any right to claim or assert a taking or any other cause of action that otherwise may have arisen out of a Board decision to deny in whole or in part the right-of-way vacation.
35	The US Army Corps of Engineers shall be consulted in writing prior to the final subdivision plan approval to determine whether or not any action is required to ensure compliance with § 404 of the Clean Water Act. Any required actions shall be completed prior to grading the site. If any necessary permissions are not granted or the required actions are not completed, this Special Exception shall be null and void.
36	All foundations for buried basements shall have sump-pumps with interior and exterior drain tile. All exterior walls that are to be backfilled shall be treated with "epro" or an equivalent waterproofing system.
37	The Applicant shall send a copy of all site plan submissions to the Lee District Planning Commissioner for review and comment. The Applicant shall send a copy of the approved site plan to the Lee District Planning Commissioner.
The above proposed conditions are staff recommendations and do not reflect the position of the Board of Supervisors unless and until adopted by that Board. This approval, contingent on the above noted conditions, shall not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. Pursuant to Section 9-015 of the Zoning Ordinance, this special exception shall automatically expire, without notice, thirty (30) months after the date of approval unless the Subdivision has been recorded in the land records of Fairfax County or unless additional time is approved by the Board of Supervisors. The Board of Supervisors may grant additional time to establish the use or to commence construction if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the special exception. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required.