Diane Cox Basheer, Trustee
2071 Chain Bridge Road
Suite 510
Vienna, VA 22182
(703) 749-0140 FAX (703) 749-0142
Kenneth O. Thompson, Trustee
12531 Clipper Drive
Suite 201
Woodbridge, VA 22192
{703 ) 690-7969 FAX (703) 690-7288

Applicant's Proposed Special Exception Development Conditions
SE 2003-LE-036

February 23, 2004

1.    A fifty foot wide conservation area around the perimeter of the property including a portion of the area identified as "proposed open space," as shown on the SEP, shall be established approximate to the adjacent residential community. The conservation area shall be comprised of natural vegetation unless clearing and grading is required for installation of utilities, stormwater management facilities, emergency access, the entry features and conditions reviewed and approved by the Geotechnical Review Board. Areas that have been cleared, or areas in which vegetation is sparse, shall be planted with six (6) foot high evergreen trees planted approximately twenty (20) feet on center. The location and species of trees shall be coordinated with the Urban Forestry Division of DPWES. At the time of recordation of the record plat for the subdivision of the Application Property, the Applicant shall record a fifty (50) foot conservation easement, exclusive of those areas encumbered by utility and emergency access easements, the stormwater management pond, and the entry features. Said conservation easement shall run to the benefit of the Board of Supervisors of Fairfax County in form approved by the County Attorney. The conservation easement will require that this area be preserved in its natural state, as supplemented by the plantings referenced herein, and maintained by the homeowners association created for the Application Property.

2.    As specified below, the Applicant shall be obligated to repair and stabilize any portion of the contiguous off-site properties that may be damaged as a proximate result of the Applicant's faulty and negligent grading and construction activity. The work shall be performed by a bonded and insured licensed state contractor selected by the Applicant.

Before construction and grading begins, the Applicant shall mail, by certified mail, return receipt requested, a written request to the contiguous off-site property owners to request access to their property for purposes of inspection. The property owners shall be given ten (10) days from the date of the notice to permit the inspection of the contiguous off-site properties. Subject to property owner approval, the Applicant will then conduct and document an inspection of the structural conditions of the e dwelling unit and foundations 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 such construction and grading. Said inspection shall be performed in the presence of the property owner. The property owner is obligated to disclose to Applicant at time of inspection any defects of which they are aware, and/or any corrective measures that have been taken with regard to the structure. Said inspection shall be performed by a qualified inspector, independent of the Applicant and acceptable to Fairfax County. A written report with photographs will be used to establish such existing conditions. Upon completion of the inspection, the Applicant will review the results with each landowner and both Applicant and landowner will sign the existing condition report to verify its correctness and each will retain a copy for future reference. A third copy will be provided to the Director of the Fairfax County DPWES for reference. The Applicant will be relieved of its responsibility to conduct such an inspection if the landowner 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 landowner stating that the Applicant has not been granted access within the initial ten (10) day period or has been refused access and this letter shall again request access. A copy of such letter request shall also be submitted to the Lee District Supervisor and the Director of DPWES. If the landowner who initially failed to grant access or who refused access again fails to grant the right of access within ten (10) days after the date of said second written request, then the Applicant shall be relieved of its obligations to inspect said landowner's parcel. Any landowner's failure, within ten (10) days of receipt to sign the completed inspection report that accurately reflects existing conditions, shall relieve the Applicant of any requirement to obtain said signature. In addition, any landowner's failure to grant access in a proper and timely manner or to sign the inspection report in a proper and timely manner shall relieve the Applicant of any and all legal obligations which the Applicant may owe to said landowner under these conditions. Any inspections and obligations to the property owner shall be transferable to a subsequent purchaser in accordance with the terms and conditions described herein.

3.    Subject to the owner's consent and access, the Applicant will repair and stabilize any portion of the contiguous off-site properties that may have shifted and may have caused damage to any structures or property as approximate result of the negligent and faulty grading of construction activity performed by Applicant's contractor. Such repairs and stabilization shall be commenced within ninety (90) days of written notification to the Applicant by a landowner specifying the damage done by the Applicant's negligent and faulty 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 landowner will 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 subject to review and approval by DPWES. 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 the later of: (i) two years after the issuance of the final residential use permit, or (ii) not less than five years from the date of start of construction as determined by the date of issuance of site disturbance permits for the Application Property.

4.    Upon conveyance of a dwelling unit, the Applicant shall provide to each initial purchaser a ten (10) year warranty if then offered in the marketplace from HBW (Home Buyer's Warranty), RWC (Residential Warranty Corp.), QBW (Quality Builder's Warranty), or other equivalently rated licensed insurer, licensed by the Commonwealth of Virginia, insuring structural stability for each dwelling unit constructed on the Application Property for the warranty period. Such warranty shall be transferable by the initial purchaser to subsequent purchasers.

5.    The Applicant shall, during development, obtain and maintain General Liability insurance coverage with a limit of Two Million Dollars ($2,000,000.00) per occurrence with a $2,000,000.00 aggregate, insuring against on and off-site property damage which results from faulty and negligent grading and construction by the developer or any subcontractor on the Application Property. 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 native of any proposed changes to the policy.

6.    To further insure the Applicant's ability to protect on-site and contiguous off-site property owners, the Applicant shall require all contractors and subcontractors working on the Application Property to also obtain and maintain general liability insurance coverage in a commercially reasonable amount.

7.    The Applicant will provide by covenant approved by the County Attorney and recorded in the land records of Fairfax County with the deed to each dwelling unit for affirmative disclosure that the subject units are built in an area containing marine clay. The Applicant shall provide a similar disclosure in each new home sales contract specifically stating that the dwelling unit was constructed on marine clay soils.

8.    The homeowners association created for the residential development shall be responsible for the maintenance of the perimeter of the stormwater management pond and the buffer area, which shall include the removal of dead, dying and diseased trees and those that may present a hazard to the adjacent residential community.

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