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Resources ·
Articles · Low Impact Developments Can
Cause Catch-22
Low Impact Developments Can Cause Catch-22
May 28, 2004
Low
Impact Developments, the latest trend in managing environmental impact, are
causing some clients to be caught between practicability/constructability
and proffer obligation for zoning approval.
The
basis of a Low Impact Development (LID) consists of a stormwater management
plan that minimizes curb and gutter systems or storm sewers for managing
rainwater, with the intent of reducing impact on local streams and creeks.
Instead, it opts for "rain gardens," "green roofs," and other systems that
contain all stormwater on site, mimicking pre-existing hydrologic site
conditions. Although tests indicate these designs can work in sandier,
looser soil areas, they do not tend to work well with the clay soil of
Northern Virginia.
The
Fairfax County Department of Planning and Zoning often requests LID
standards as part of a proffer for obtaining approval to change zoning.
However, the LID standards are not part of the Public Facilities Manual and
can conflict with existing ordinances. As a result, the Department of
Public Works and Environmental Services cannot accept these designs without
waivers, which may be difficult to obtain.
Some
clients have proffered these LID standards in blanket fashion, only to have
plans rejected by DPWES. This places the client in a Catch-22,
obligated to conform to LID as part of obtaining zoning but unable to get
plans approved.
BC
strongly advises its clients to avoid broadly stating you will provide LID.
Be specific as to which practices you will use, and make sure your engineers
review the constructability of the proposed practices before you commit to
them in proffers. If you have any questions, feel free to give Peter
Rinek a call at (703) 449-8100 or email him at
prinek@bccon.com.
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