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Resources · Articles · Shared Utility Easements To Be Required

Shared Utility Easements To Be Required

May 28, 2004

 

The Fairfax County Board of Supervisors is planning to amend Chapter 101 of the Subdivision Ordinance to comply with recent changes to the Code of Virginia about shared utility easements.  Currently, common easements for use by cable, telephone, gas, and electric companies are optional provisions for subdivision ordinances.  After July 1, 2004, they will be required and must be designated on the final plat, unless waived by all utility companies.

 

Benefits of the shared utility easements include minimizing disturbance of the property for utility construction, which could save trees and ultimately reduce utility companies' costs for construction and restoration, as well as eliminate costs and confusion involved in acquiring separate easements.  However, the changes to the Code of Virginia do not require utility companies to use the shared easement.  Utilities may prefer to install their lines separately, after construction begins, to be able to route lines in the most cost-effective manner and to route lines around unforeseen obstacles such as underground rock.

 

The Planning Commission and the Board of Supervisors will hold hearings on June 3 and June 21 respectively to consider these issues in the amendment of the Subdivision Ordinance to comply with the changes to the Code of Virginia.  The Department of Public Works and Environmental Services says the implementation of shared easements will be problematic and is planning a three-stage rollout of the new requirements.  The background, explanation, and details of the proposed amendment can be found in this DPWES Staff Report.  Detailed information about the hearing times and locations is also included.

 

BC advises its clients to pay attention to the outcome of these hearings and the resulting amendments to the Subdivision Ordinance to avoid complications and confusion in project planning.  If you have any questions about these changes, feel free to give Mike Tucker a call at (703) 449-8100 or email him at mtucker@bccon.com.

 

 

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