§ 101-3-9. Adoption of Pro Rata Road Reimbursement Districts.

(a)

Upon receipt of a petition requesting the establishment of a Pro Rata Road Reimbursement District including all submission requirements, staff of the Department of Transportation will evaluate the request, assisted by staff of Land Development Services, the Department of Planning and Development and such other staff as may be necessary.

(b)

Staff will prepare a recommendation for forwarding to the Planning Commission and Board of Supervisors.

(c)

A public hearing on the requested Pro Rata Road Reimbursement District shall be held before the Planning Commission and before the Board of Supervisors. Such public hearings shall be advertised in accordance with the requirements of the Code of Virginia, Sections 15.2-106 and 2204. The Office of Transportation shall oversee advertising and notice requirements. Petitioner shall submit proof that he has sent by certified mail, return receipt requested, written notice of the public hearings to the owner of each parcel within the proposed District at the last known address of such owner as shown in the current real estate tax assessment records. Such notice shall include the maximum pro rata road reimbursement payment proposed for each dwelling unit within the proposed District and the maximum proposed pro rata reimbursement rate to be assessed for each vehicle trip per day estimated to be generated by all uses within the proposed District other than dwelling units. Such notice shall include the location where the petition may be reviewed in its entirety.

(d)

In adopting a Pro Rata Reimbursement District, the Board of Supervisors may modify the district boundaries as requested by the petitioner to include a lesser land area and may adopt pro rata road reimbursement payments for dwelling units and a pro rata road reimbursement rate per vehicle trip per day for all other uses less than were advertised. The Board of Supervisors may also approve in whole or in part the extent of the public road improvements which the petitioner has asked to be the basis for the pro rata road reimbursements.

(e)

A Pro Rata Road Reimbursement District may be adopted after the public road improvements have been constructed to the point where they are being used by the public, but prior to the acceptance of such public road improvements by the governmental units which are to have ultimate responsibility for their maintenance, subject to the following conditions:

(1)

The public road improvements for which pro rata reimbursement has been approved are accepted by the governmental units which are to have ultimate responsibility for their maintenance within one (1) year after the effective date of the District; and

(2)

Required pro rata road reimbursement payments which have been deposited with the Bonds and Agreements Branch prior to acceptance of such public road improvements by the governmental units which are to have ultimate responsibility for their maintenance shall not be forwarded to the initial subdivider or developer until such acceptance may occur.

(f)

Any Pro Rata Road Reimbursement District approved by the Board of Supervisors shall include the following:

(1)

A map which clearly delineates the boundaries of the District, drawn on the current Fairfax County Real Property Identification Map.

(2)

One of the following as chosen by the petitioner under the provisions of Section 101-3-7(g):

(A)

The name and current mailing and street addresses of the initial subdivider or developer entitled to receive the pro rata road reimbursement payments, as well as the Fairfax County Real Property Identification Map Number and street address of the parcel, the record title owner of which will be entitled to receive pro rata road reimbursement payments at such time as they may be made; or

(B)

The name and current mailing and street addresses of the initial subdivider or developer entitled to receive the pro rata road reimbursement payments, or, if the petitioner (initial subdivider or developer) has designated an agent for the purposes of receiving pro rata road reimbursement payments and signing notarized certifications pursuant to the paragraph (b) of Section 101-3-11, the name and mailing and street addresses of such agent.

(3)

A listing, by Fairfax County Real Property Identification Map Number, of all properties within the District owned by the initial subdivider or developer.

(4)

The amount of the pro rata road reimbursement payment required for each dwelling unit and the pro rata reimbursement rate (dollar amount per vpd) to be assessed for each vehicle trip per day estimated to be generated for all uses other than dwelling units.

(5)

The total amount of reimbursable costs approved by the Board.

(6)

The effective date of the District.

(g)

All of the information required under preceding paragraph (f), including a map of the adopted Pro Rata Road Reimbursement District, shall be set forth in Appendix I to this Code.

(h)

Upon adoption of a Pro Rata Road Reimbursement District, the District shall remain valid for a period of twenty-five (25) years from the date of the District, or for such lesser period or longer period as the Board may initially or subsequently specify by ordinance, provided, however, that if the initial subdivider or developer should be reimbursed the total amount of reimbursable costs approved by the Board, as adjusted to incorporate the lesser of either changes in the Virginia Highway Construction Bid Index since the effective date of the District or the legal rate of interest set forth in Code of Virginia, Section 6.1-330.53, as amended prior to the expiration of the period of District validity, no further pro rata road reimbursement payments shall be required within the District.

(i)

Boundaries of adopted Pro Rata Road Reimbursement Districts may not overlap. (13-93-101, § I; Ord. 39-97-101; 37-00-101; 23-17-101; 27-19-101.)