A proffer or proffered condition is a voluntary commitment from a landowner or developer to reduce or eliminate the impact of new development on neighboring properties and the county. In the case of residential development, applicants may assist localities by proffering cash or land towards public facilities and infrastructure needed to serve the new development, such as schools and roads.
Once proffers are accepted, they become a part of the zoning regulations applicable to the property unless subsequently changed by a zoning concept plan amendment application or by a new zoning map amendment. A guarantee may be required by the Zoning Administrator for the construction, installation, provision or performance of any public improvements, site improvements, facilities or obligations required by proffers.
Informal Proffer Information Request
Effective December 1, 2019, the Department of Planning and Zoning will be using a new online submission form that will enable users to request specific research-based information on approved proffers in an informal and legally non-binding manner. The form is for advisory purposes only and intended to provide information for specific inquiries on proffers that have been approved by the Board of Supervisors including:
- Requesting a proffer status update on an approved legislative application;
- Whether a particular proffer for a site or application has been fulfilled;
- Whether the performance of a certain action(s) would satisfy an outstanding proffer obligation; or
- Whether the performance of a certain action(s) could be deemed in substantial conformance with a particular proffer or legislative application.
Responses to Informal Proffer Information Requests are non-binding on behalf of the County. This form may not be used to request and shall not serve as a substitute for an official proffer determination. For information to request an official proffer determination, see the tab labeled determinations below.
The Board of Supervisors may impose conditions, safeguards and restrictions upon the premises benefited by the special exception.
Conditions and restrictions may include, but are not limited to:
- Fencing, planting or other landscaping
- Additional setbacks from property lines
- Location and arrangement of lighting
- Setting of reasonable time limitations, size, height and location of signs
- Other reasonable requirements deemed necessary to safeguard the interest of the general public.
The Board may require a guarantee or bond to ensure compliance with the conditions
Proffer determinations are prepared by the Proffer Management Team to interpret proffer requirements or to request performance of proffer requirements. To request a proffer determination, submit a written request via U.S. Mail to the following address:
Department of Planning and Zoning
Attention: Zoning Administrator
P.O. Box 7000
1 Harrison Street, SE
Leesburg, VA 20177
Requests may also be dropped off to the Department of Planning and Zoning Front Counter. The fee for a Proffer Determination is $690 and must be included with the application.
Any person aggrieved by a decision of the Zoning Administrator regarding any proffered condition may appeal such decision to the Board of Supervisors. Such appeal shall be filed within 30 calendar days from the date of the decision by filing a notice of appeal with the Zoning Administrator. Such notice shall be a written statement specifying:
- The grounds on which aggrieved
- The basis for the appeal
- Include materials specified in Section 6-1209(J)
Upon receipt of the appeal notice, the Board of Supervisors shall take such testimony as it deems appropriate and shall render its decision within 90 calendar days after receipt of the appeal notice and following a public hearing. The Board of Supervisors may reverse or affirm wholly or partly or may modify the decision of the Zoning Administrator.