1 PROPOSED
2 CHAPTER 11 22.
3 PLANNING, SUBDIVISION OF LAND AND ZONING.
4
5 Chapter drafting note: This chapter contains few significant changes. There are a
6 number of occasions in this chapter where sections have been relocated from one article to
7 another. In these instances the section is shown as stricken in its old location. However,
8 instead of showing the section as all new language in its proposed new location, as would
9 normally be done, the section will appear as old language so that the amendments which
10 have been made to the section will be more easily identified.
11
12 Article 1.
13 General Provisions.
14
15 § 15.1-427 15.2-2200. Declaration of legislative intent.
16 This chapter is intended to encourage local governments localities to improve the public
17 health, safety, convenience and welfare of its citizens and to plan for the future development of
18 communities to the end that transportation systems be carefully planned; that new community
19 centers be developed with adequate highway, utility, health, educational, and recreational
20 facilities; that the need for mineral resources and the needs of agriculture, industry and business
21 be recognized in future growth; that residential areas be provided with healthy surrounding
22 surroundings for family life; that agricultural and forestal land be preserved; and that the growth
23 of the community be consonant with the efficient and economical use of public funds.
24 Drafting note: No substantive change in the law.
25
26 § 15.1-427.1. Creation of local planning commissions; participation in planning district
27 commissions or joint local commissions.
28 The governing body of every county and municipality shall by resolution or ordinance
29 create a local planning commission by July 1, 1976, in order to promote the orderly development
30 of such political subdivision and its environs. In accomplishing the objectives of § 15.1-427 such
31 the planning commissions shall serve primarily in an advisory capacity to the governing bodies.
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1 The governing body of any county or municipality may participate in a planning district
2 commission in accordance with Chapter 34 (§ 15.1-1400 et seq.) of this title or a joint local
3 commission in accordance with § 15.1-443.
4 Drafting note: This section is moved to Article 2, § 15.2-2210.
5
6 § 15.1-428. Cooperation of planning commissions and other agencies.
7 The planning commission of any county or municipality may cooperate with other
8 planning commissions or legislative and administrative bodies and officials of other counties and
9 municipalities within or without such areas, so as to coordinate the planning and development of
10 such county or municipality with the plans of such other counties or municipalities. Such
11 commissions may appoint such committees and may adopt such rules as needed to effect such
12 cooperation. Such planning commissions may also cooperate with state and federal officials,
13 departments and agencies. Planning commissions may request from such departments and
14 agencies, and such departments and agencies of the Commonwealth shall furnish, such
15 reasonable information which may affect the planning and development of the county or
16 municipality.
17 Drafting note: This section is moved to Article 2, § 15.2-2211.
18
19 § 15.1-430 15.2-2201. Definitions.
20 As used in this chapter the words listed below shall have the meaning given, unless the
21 context requires a different meaning:
22 (u) "Affordable housing" means, as a guideline, housing that is affordable to households
23 with incomes at or below the area median income, provided that the occupant pays no more than
24 thirty percent of his gross income for gross housing costs, including utilities. For the purpose of
25 administering affordable dwelling unit ordinances authorized by this chapter, local governments
26 may establish individual definitions of affordable housing and affordable dwelling units
27 including determination of the appropriate percent of area median income and percent of gross
28 income.
29 (q) "Conditional zoning" means, as part of classifying land within a governmental entity
30 locality into areas and districts by legislative action, the allowing of reasonable conditions
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1 governing the use of such property, such conditions being in addition to, or modification of the
2 regulations provided for a particular zoning district or zone by the overall zoning ordinance.
3 (m) "Development" means a tract of land developed or to be developed as a unit under
4 single ownership or unified control which is to be used for any business or industrial purpose or
5 is to contain three or more residential dwelling units. The term "development" shall not be
6 construed to include any property which will be principally devoted to agricultural production.
7 (a) "Governing body" means the board of supervisors of a county or the council of a city
8 or town.
9 (b) "Historic area" means an area containing one or more buildings or places in which
10 historic events occurred or having special public value because of notable architectural,
11 archaeological or other features relating to the cultural or artistic heritage of the community, of
12 such significance as to warrant conservation and preservation.
13 (t) "Incentive zoning" means the use of bonuses in the form of increased project density
14 or other benefits to a developer in return for the developer providing certain features or amenities
15 desired by the locality within the development.
16 (c) "Local planning commission" or "local commission" means a municipal planning
17 commission or a county planning commission.
18 (r) "Mixed use development" means property that incorporates two or more different
19 uses, and may include a variety of housing types, within a single development.
20 (d) "Municipality" means a city or town incorporated under the laws of Virginia.
21 (e) "Official map" means a map of legally established and proposed public streets,
22 waterways, and public areas adopted by the governing body of a county or municipality a
23 locality in accordance with the provisions of Article 5 4 (§ 15.1-458 15.2-2233 et seq.) hereof.
24 (f) "Person" means individual, firm, corporation or association.
25 (s) "Planned unit development" means a form of development characterized by unified
26 site design for a variety of housing types and densities, clustering of buildings, common open
27 space, and a mix of building types and land uses in which project planning and density
28 calculation are performed for the entire development rather than on an individual lot basis.
29 (j) "Planning district commission" means a regional planning agency chartered under the
30 provisions of Chapter 34 42 (§ 15.1-1400 15.2-4200 et seq.) of this title.
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1 (n) "Plat of subdivision" means the schematic representation of land divided or to be
2 divided.
3 (o) "Site plan" means the proposal for a development or a subdivision including all
4 covenants, grants or easements and other conditions relating to use, location and bulk of
5 buildings, density of development, common open space, public facilities and such other
6 information as required by the subdivision ordinance to which the proposed development or
7 subdivision is subject.
8 (i) "Special exception" means a special use, that is a use not permitted in a particular
9 district except by a special use permit granted under the provisions of this chapter and any
10 zoning ordinances adopted herewith.
11 (h) "Street" means highway, street, avenue, boulevard, road, lane, alley, or any public
12 way.
13 (l) "Subdivision," unless otherwise defined in a local an ordinance adopted pursuant to §
14 15.1-465 15.2-2240, means the division of a parcel of land into three or more lots or parcels of
15 less than five acres each for the purpose of transfer of ownership or building development, or, if
16 a new street is involved in such division, any division of a parcel of land. The term includes
17 resubdivision and, when appropriate to the context, shall relate to the process of subdividing or
18 to the land subdivided and solely for the purpose of recordation of any single division of land
19 into two lots or parcels, a plat of such division shall be submitted for approval in accordance with
20 § 15.1-475 15.2-2258.
21 (p) "Variance" means, in the application of a zoning ordinance, a reasonable deviation
22 from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk
23 or location of a building or structure when the strict application of the ordinance would result in
24 unnecessary or unreasonable hardship to the property owner, and such need for a variance would
25 not be shared generally by other properties, and provided such variance is not contrary to the
26 intended spirit and purpose of the ordinance, and would result in substantial justice being done. It
27 shall not include a change in use which change shall be accomplished by a rezoning or by a
28 conditional zoning.
29 (k) "Zoning" or "to zone" means the process of classifying land within a governmental
30 entity locality into areas and districts, such areas and districts being generally referred to as
31 "zones," by legislative action and the prescribing and application in each area and district of
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1 regulations concerning building and structure designs, building and structure placement and uses
2 to which land, buildings and structures within such designated areas and districts may be put.
3 Drafting note: No substantive change in the law. "Governing body" and
4 "municipality" are deleted since those definitions are found in § 15.2-101. The remaining
5 definitions are alphabetized.
6
7 § 15.1-428.1 15.2-2202. Duties of state agencies.
8 A. The Department of Environmental Quality shall distribute a copy of the
9 environmental impact report submitted to the Department for every major state project pursuant
10 to regulations promulgated under § 10.1-1191 to the chief administrative officer of every county,
11 city, and town locality in which each such project is proposed to be located. The purpose of such
12 the distribution is to enable the local political subdivision locality to evaluate the proposed
13 project for environmental impact, consistency with the locality's comprehensive plan, local
14 ordinances adopted pursuant to this chapter, and other applicable law and to provide the locality
15 with an opportunity to comment. The Department shall distribute such the reports to local
16 political subdivisions localities, solicit their comments, and consider their responses in
17 substantially the same manner as the Department solicits and receives comments from state
18 agencies.
19 B. In addition to the information supplied under subsection A, every department, board,
20 bureau, commission, or other agency of the Commonwealth which is responsible for the
21 construction, operation, or maintenance of public facilities within any political subdivision of the
22 Commonwealth locality shall, upon the request of the local planning commission having
23 authority to prepare a comprehensive plan, furnish reasonable information requested by such the
24 local planning commission relative to the master plans of such the state agency which may affect
25 the locality's comprehensive plan. Each such state agency shall collaborate and cooperate with
26 the local planning commission, when requested, in the preparation of the comprehensive plan to
27 the end that the local comprehensive plan will coordinate the interests and responsibilities of all
28 concerned.
29 C. The Department of General Services shall require every state agency responsible for
30 the construction, operation, or maintenance of public facilities within the Commonwealth to
31 notify the chief administrative officer of every county, city, and town locality in which such the
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1 agency intends to undertake a capital project involving new construction costing at least
2 $100,000 and subject to review by the Department that such the agency has preliminary
3 construction and site plans available for distribution, upon the request of the locality. The
4 purpose of such the distribution shall be is to enable the local political subdivision locality to
5 evaluate the project for consistency with local ordinances other than building codes and to
6 provide the locality with an opportunity to submit comments to such the agency. Upon receipt of
7 a request from such a locality, the state agency shall transmit a copy of such the plans to the
8 locality for comment.
9 D. Nothing in this section shall be construed to require any state agency to duplicate any
10 submission required to be made by such the agency to a local political subdivision locality under
11 any other provision of law.
12 E. Nothing herein shall be deemed to abridge the authority of any such state agency
13 regarding the facilities now or hereafter coming under its jurisdiction.
14 F. The provisions of this section shall not apply to highway, transit or other projects, as
15 provided in § 10.1-1188 B.
16 G. The provisions of this section shall not apply to the entering of any option by any
17 state agency for any projects listed in subsection C.
18 Drafting note: No substantive change in the law. "Political subdivision" is
19 changed to "locality" since "political subdivision" is not a defined term.
20
21 § 15.1-429 15.2-2203. Existing planning commissions and boards of zoning appeals;
22 validation of plans previously adopted.
23 Upon the effective date of this chapter, planning commissions, by whatever name
24 designated, and boards of zoning appeals heretofore established shall continue to operate as
25 though created under the terms of this chapter. All actions lawfully taken by such commissions
26 and boards are hereby validated and continued in effect until amended or repealed in accordance
27 with this chapter.
28 The adoption of a comprehensive or master plan or any general development plans under
29 the authority of prior acts is hereby validated and shall continue in effect until amended under the
30 provisions of this chapter.
31 Drafting note: No change.
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1
2 § 15.1-431 15.2-2204. Advertisement of plans, ordinances, etc.; joint public hearings;
3 written notice of certain amendments.
4 A. Plans or ordinances, or amendments thereof, recommended or adopted under the
5 powers conferred by this chapter need not be advertised in full, but may be advertised by
6 reference. Every such advertisement shall contain a descriptive summary of the proposed action
7 and a reference to the place or places within the county or municipality locality where copies of
8 the proposed plans, ordinances or amendments may be examined.
9 The local planning commission shall not recommend nor the governing body adopt any
10 plan, ordinance or amendment thereof until notice of intention to do so has been published once
11 a week for two successive weeks in some newspaper published or having general circulation in
12 such county or municipality locality; however, such the notice for both the local planning
13 commission and the governing body may be published concurrently. Such The notice shall
14 specify the time and place of hearing at which persons affected may appear and present their
15 views, not less than six days nor more than twenty-one days after the second advertisement
16 appears in such newspaper. The local planning commission and governing body may hold a joint
17 public hearing after public notice as set forth hereinabove. If such a joint hearing is held, then
18 public notice as set forth above need be given only by the governing body. The term "two
19 successive weeks" as used in this paragraph shall mean that such notice shall be published at
20 least twice in such newspaper with not less than six days elapsing between the first and second
21 publication. After enactment of any plan, ordinance or amendment, further publication thereof
22 shall not be required.
23 B. When a proposed amendment of the zoning ordinance involves a change in the zoning
24 map classification of twenty-five or fewer parcels of land, then, in addition to the advertising as
25 above required, written notice shall be given by the local planning commission, or its
26 representative, at least five days before the hearing to the owner or owners, their agent or the
27 occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting
28 property and property immediately across the street or road from the property affected, including
29 those parcels which lie in other localities of the Commonwealth; and, if any portion of the
30 affected property is within a planned unit development, then to such incorporated property
31 owner's associations within the planned unit development that has have members owning
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1 property located within 2,000 feet of the affected property as may be required by the
2 Commission commission or its agent. In any county or municipality where notice is required
3 under the provisions of this section, notice shall also be given to the owner, his agent or the
4 occupant, of all abutting property and property immediately across the street from the property
5 affected which lies in an adjoining county or municipality of the Commonwealth. Notice sent by
6 registered or certified mail to the last known address of such owner as shown on the current real
7 estate tax assessment books or current real estate tax assessment records shall be deemed
8 adequate compliance with this requirement. If the hearing is continued, notice shall be remailed.
9 Costs of any notice required under this chapter shall be taxed to the applicant.
10 When a proposed amendment of the zoning ordinance involves a change in the zoning
11 map classification of more than 25 twenty-five parcels of land, then, in addition to the
12 advertising as above required, written notice shall be given by the local planning commission, or
13 its representative, at least five days before the hearing to the owner, owners, or their agent of
14 each parcel of land involved. One notice sent by first class mail to the last known address of such
15 owner as shown on the current real estate tax assessment books or current real estate tax
16 assessment records shall be deemed adequate compliance with this requirement, provided that a
17 representative of the local commission shall make affidavit that such mailings have been made
18 and file such affidavit with the papers in the case. Nothing in this paragraph shall be construed as
19 to invalidate any subsequently adopted amendment or ordinance because of the inadvertent
20 failure by the representative of the local commission to give written notice to the owner, owners
21 or their agent of any parcel involved.
22 When a proposed comprehensive plan or amendment thereto; a proposed change in
23 zoning map classification; or an application for special exception for a change in use or to
24 increase by greater than fifty percent of the bulk or height of an existing or proposed building,
25 but not including renewals of previously approved special exceptions, involves any parcel of
26 land located within one-half mile of a boundary of an adjoining county or municipality of the
27 Commonwealth, then, in addition to the advertising and written notification as above required,
28 written notice shall also be given by the local commission, or its representative, at least ten days
29 before the hearing to the chief administrative officer, or his designee, of such adjoining county or
30 municipality.
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1 The governing body may provide that, in the case of a condominium or a cooperative, the
2 written notice may be mailed to the unit owners' association or proprietary lessees' association,
3 respectively, in lieu of each individual unit owner.
4 Whenever the notices required hereby are sent by an agency, department or division of
5 the local governing body, or their representative, such notices may be sent by first class mail;
6 however, a representative of such agency, department or division shall make affidavit that such
7 mailings have been made and file such affidavit with the papers in the case.
8 The adoption or amendment prior to July 1, 1996, of any plan or ordinance under the
9 authority of prior acts shall not be declared invalid by reason of a failure to advertise or give
10 notice as may be required by such act or by this chapter, provided a public hearing was
11 conducted by the governing body prior to such adoption or amendment. Every action contesting
12 a decision of a locality based on a failure to advertise or give notice as may be required by this
13 chapter shall be filed within thirty days of such decision with the circuit court having jurisdiction
14 of the land affected by the decision. However, any litigation pending prior to January 1, 1976,
15 shall not be affected by the 1974, 1975 and 1976 amendments to this section, and any litigation
16 pending prior to July 1, 1996, shall not be affected by the 1996 amendment to this section.
17 Notwithstanding any contrary provision of law, general or special, any city with a
18 population between 200,000 and 210,000 which is required by this title or by its charter to
19 publish a notice, may cause such notice to be published in any newspaper of general circulation
20 in the city.
21 After enactment of any such plan, ordinance or amendment, further publication thereof
22 shall not be required.
23 A party's actual notice of, or active participation in, the proceedings for which the written
24 notice provided by this section is required shall waive the right of that party to challenge the
25 validity of the proceeding due to failure of the party to receive the written notice required by this
26 section.
27 Drafting note: No substantive change in the law. The clause in the third to last
28 paragraph is deleted since it is no longer needed. The remainder of the stricken language
29 is relocated within the section for clarity and is shown as new language.
30
31 § 15.2-2205. Additional notice of planning or zoning matters.
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1 Any locality may give, in addition to any specific notice required by law, notice by direct
2 mail or any other means of any planning or zoning matter it deems appropriate.
3 Drafting note: This section, formerly § 15.1-33.1, is relocated from old Chapter 1
4 with no change.
5
6 § 15.1-431.1 15.2-2206. When locality may require applicant to give notice; how given.
7 The governing body of any county or municipality Any locality may by ordinance require
8 that a person applying to the local governing body, local planning commission or board of
9 zoning appeals pursuant to this chapter be responsible for all required notices. The governing
10 body locality shall require that notice be given as provided by § 15.1-431 15.2-2204.
11 The governing body locality may provide that, in the case of a condominium or of a
12 cooperative, the written notice may be mailed to the unit owners' association or proprietary
13 lessee's association, respectively, in lieu of each individual unit owner.
14 Reliance by the The applicant may rely upon records of the city or county local real estate
15 assessor's office to ascertain the names of persons entitled to notice shall be deemed sufficient.
16 The applicant shall be required to supply the names and certify that notice has been sent
17 to those to whom notice has been required to be sent. The A certification of notice and a listing
18 of the persons to whom notice has been sent shall be supplied by the applicant as required by the
19 local governing body at least five days prior to the first hearing.
20 The governing body shall allow any person entitled to notice to waive such right in
21 writing.
22 Nothing herein shall be construed so as to affect the validity of any ordinance or
23 amendment adopted prior to July 1, 1992.
24 Drafting note: No substantive change in the law. The language is clarified with no
25 intended change in meaning.
26
27 § 15.1-503.4 15.2-2207. Public notice of juvenile residential care facilities in certain
28 localities.
29 In any county, city or town locality without an applicable zoning ordinance, the local
30 governing body may provide by ordinance that any party desiring to establish a public or private
31 detention home, group home or other residential care facility for children in need of services or
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1 for delinquent or alleged delinquent youth must first provide public notice and participate in a
2 public hearing in accordance with § 15.1-431 15.2-2204.
3 Drafting note: No substantive change in the law. This section is relocated from
4 Article 9.
5
6 § 15.1-499 15.2-2208. Restraining, etc., violations of chapter.
7 Any violation or attempted violation of this chapter, or of any regulation adopted
8 hereunder may be restrained, corrected, or abated as the case may be by injunction or other
9 appropriate proceeding.
10 Drafting note: No substantive change in the law. This section is relocated from
11 Article 9.
12
13 § 15.1-499.1 15.2-2209. Civil penalties for violations of zoning ordinance.
14 Notwithstanding the provisions provision 5 of § 15.1-491 (e) 15.2-2286, any locality may
15 adopt an ordinance which establishes a uniform schedule of civil penalties for violations of
16 specified provisions of the zoning ordinance. The schedule of offenses shall not include any
17 zoning violation resulting in injury to any persons, and the existence of a civil penalty shall not
18 preclude action by the zoning administrator under provision 4 of § 15.1-491 (d) 15.2-2286 or
19 action by the governing body under § 15.1-499 15.2-2208.
20 This schedule of civil penalties shall be uniform for each type of specified violation, and
21 the penalty for any one violation shall be a civil penalty of not more than $100 for the initial
22 summons and not more than $150 for each additional summons. Each day during which the
23 violation is found to have existed shall constitute a separate offense. However, specified
24 violations arising from the same operative set of facts shall not be charged more frequently than
25 once in any ten-day period, and a series of specified violations arising from the same operative
26 set of facts shall not result in civil penalties which exceed a total of $3,000. Designation of a
27 particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of
28 criminal sanctions, and except for any violation resulting in injury to persons, such designation
29 shall preclude the prosecution of a violation as a criminal misdemeanor.
30 The zoning administrator or his deputy may issue a civil summons as provided by law for
31 a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may
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1 make an appearance in person or in writing by mail to the department of finance or the treasurer
2 of the locality prior to the date fixed for trial in court. Any person so appearing may enter a
3 waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such
4 persons shall be informed of their right to stand trial and that a signature to an admission of
5 liability will have the same force and effect as a judgment of court.
6 If a person charged with a scheduled violation does not elect to enter a waiver of trial and
7 admit liability, the violation shall be tried in the general district court in the same manner and
8 with the same right of appeal as provided for by law. In any trial for a scheduled violation
9 authorized by this section, it shall be the burden of the locality to show the liability of the
10 violator by a preponderance of the evidence. An admission of liability or finding of liability shall
11 not be a criminal conviction for any purpose.
12 No provision herein shall be construed to allow the imposition of civil penalties (i) for
13 activities related to land development or (ii) for violation of any provision of a local zoning
14 ordinance relating to the posting of signs on public property or public rights-of-way.
15 Drafting note: No substantive change in the law.
16
17 Article 3 2.
18 Local Planning Commissions.
19
20 § 15.1-427.1 15.2-2210. Creation of local planning commissions; participation in
21 planning district commissions or joint local commissions.
22 The governing body of every county and municipality Every locality shall by resolution
23 or ordinance create a local planning commission by July 1, 1976, in order to promote the orderly
24 development of such political subdivision the locality and its environs. In accomplishing the
25 objectives of § 15.1-427 15.2-2200 such the local planning commissions shall serve primarily in
26 an advisory capacity to the governing bodies.
27 The governing body of any county or municipality Any locality may participate in a
28 planning district commission in accordance with Chapter 34 42 (§ 15.1-1400 15.2-4200 et seq.)
29 of this title or a joint local commission in accordance with § 15.1-443 15.2-2219.
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1 Drafting note: No substantive change in the law. This section is moved from
2 Article 1. "Political subdivision" is changed to "locality" since "political subdivision" is
3 not a defined term.
4
5 § 15.1-428 15.2-2211. Cooperation of local planning commissions and other agencies.
6 The planning commission of any county or municipality locality may cooperate with
7 other local planning commissions or legislative and administrative bodies and officials of other
8 counties and municipalities within or without such areas, localities so as to coordinate the
9 planning and development of such county or municipality with the plans of such other counties
10 or municipalities among the localities. Such Planning commissions may appoint such committees
11 and may adopt such rules as needed to effect such cooperation. Such planning Planning
12 commissions may also cooperate with state and federal officials, departments and agencies.
13 Planning commissions may request from such departments and agencies, and such departments
14 and agencies of the Commonwealth shall furnish, such reasonable information which may affect
15 the planning and development of the county or municipality locality.
16 Drafting note: No substantive change in the law. This section is moved from
17 Article 1. The language is clarified with no intended change in meaning.
18
19 § 15.1-437 15.2-2212. Qualifications, appointment, removal, terms, and compensation,
20 etc., of members of local planning commissions.
21 A local planning commission, hereinafter sometimes referred to as local commission,
22 shall consist of not less than five nor more than fifteen members, appointed by the governing
23 body, all of whom shall be residents of the county or municipality locality, qualified by
24 knowledge and experience to make decisions on questions of community growth and
25 development; provided, that at least one-half of the members so appointed shall be owners of real
26 property. The local governing body may require each member of the commission to take an oath
27 of office.
28 One member of the commission may be a member of the governing body of the county or
29 municipality locality, and one member may be a member of the administrative branch of
30 government of the county or municipality locality. The term of each of these two members shall
31 be coextensive with the term of office to which he has been elected or appointed, unless the
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1 governing body, at the first regular meeting each year, appoints others to serve as their
2 representatives. The remaining members of the commission first appointed shall serve
3 respectively for terms of one year, two years, three years, and four years, divided equally or as
4 nearly equal as possible between the membership. Subsequent appointments shall be for terms of
5 four years each. The local governing bodies may establish different terms of office for initial and
6 subsequent appointments including terms of office that are concurrent with those of the
7 appointing governing body. Vacancies shall be filled by appointment for the unexpired term
8 only. Members may be removed for malfeasance in office.
9 The local governing body may provide for: (1) reimbursement of actual expenses
10 incurred by members of the commission; or (2) compensation to such members, or any of them,
11 for their services; or (3) both compensation to commission members for their services,
12 reimbursement for actual expenses incurred, or both.
13 Drafting note: No substantive change in the law.
14
15 § 15.1-438 15.2-2213. Advisory members.
16 In cases where a municipality is situated within or is completely surrounded by a county,
17 or adjoins a county or another municipality and such localities have local commissions, a
18 representative of the local commission of such county or municipality, designated by it, may be,
19 with the consent of the governing bodies of both localities, an advisory member of the local
20 commission of such other county or municipality, as the case may be. A member of a local
21 planning commission may, with the consent of both governing bodies, serve as an advisory
22 member of the local planning commission of a contiguous locality.
23 Drafting note: No substantive change in the law. The language is simplified with
24 no change in meaning.
25
26 § 15.1-439 15.2-2214. Meetings.
27 The local planning commission shall fix the time for holding regular meetings, but it.
28 Commissions shall meet at least every two months, except that. However, in any county, city,
29 or town locality with a population of not more than 7,500, the commission shall be required to
30 meet at least once each year.
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1 Special meetings of the commission may be called by the chairman or by two members
2 upon written request to the secretary. The secretary shall mail to all members, at least five days
3 in advance of a special meeting, a written notice fixing the time and place of the meeting and the
4 purpose thereof.
5 Written notice of a special meeting is not required if the time of the special meeting has
6 been fixed at a regular meeting, or if all members are present at the special meeting or file a
7 written waiver of notice.
8 Drafting note: No substantive change in the law.
9
10 § 15.1-440 15.2-2215. Quorum majority vote.
11 A majority of the members shall constitute a quorum and no action of the local planning
12 commission shall be valid unless authorized by a majority vote of those present and voting.
13 Drafting note: No substantive change in the law.
14
15 § 15.1-441 15.2-2216. Facilities for holding of meetings and preservation of documents;
16 appropriations for expenses.
17 The governing body may provide the local planning commission with facilities for the
18 holding of meetings and the preservation of plans, maps, documents and accounts, and may
19 appropriate funds needed to defray the expenses of the commission.
20 Drafting note: No substantive change in the law.
21
22 § 15.1-442 15.2-2217. Officers, employees and consultants; expenditures; rules and
23 records; special surveys.
24 The local planning commission shall elect from the appointed members a chairman and a
25 vice-chairman, whose terms shall be for one year. If authorized by the governing body the
26 commission may (1) (i) create and fill such other offices as it deems necessary; (2) (ii) appoint
27 such employees and staff as it deems necessary for its work; and (3) (iii) contract with
28 consultants for such services as it requires. The expenditures of the commission, exclusive of
29 gifts or grants, shall be within the amounts appropriated for such purpose by the governing body.
30 The commission shall adopt rules for the transaction of business and shall keep a record
31 of its transactions which shall be a public record. Upon request of the commission, the governing
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1 body or other public officials may, from time to time, for the purpose of special surveys under
2 the direction of the commission, assign or detail to it any members of the staffs of county or
3 municipal administrative departments, or such governing body or other public official may direct
4 any such department employee to make for the commission special surveys or studies requested
5 by the local commission.
6 Drafting note: No substantive change in the law.
7
8 § 15.1-443 15.2-2218. County planning commission serving as commission of town; joint
9 local commissions.
10 The governing body of any town located within a county having a local commission, may
11 designate, with the consent of the governing body of such a contiguous county, by ordinance,
12 such the county planning commission as the local planning commission of such the town.
13 A county commission designated as a town commission shall have all the powers and
14 duties granted under this chapter to a local planning commission.
15 Any municipality town designating a county commission as its local planning
16 commission may contract annually to pay the county a proportionate part of the expenses
17 properly chargeable for the planning service rendered such municipality the town, and any such
18 payments may be appropriated to such the county planning commission in addition to any funds
19 budgeted for planning purposes.
20 Any one or more adjoining or adjacent counties or municipalities including any
21 municipality within any such county may by agreement provide for a joint local commission for
22 any two or more of such counties and municipalities. Such agreement shall provide for the
23 number of members of such commission and how they shall be appointed, in what proportion the
24 expenses of such commission shall be borne by the participating political subdivisions, and any
25 other matters pertinent to the operation of the commission as the joint local commission for such
26 political subdivisions. Any commission so created shall have, as to each participating political
27 subdivision, the powers and duties granted to and imposed upon local commissions under this
28 chapter.
29 Drafting note: No substantive change in the law. The last paragraph of this
30 section is moved to § 15.2-2219.
31
612
1 § 15.2-2219. Joint local planning commissions.
2 Any one or more adjoining or adjacent counties or municipalities including any
3 municipality within any such county may by agreement provide for a joint local planning
4 commission for any two or more of such counties and municipalities. Such The agreement shall
5 provide for the number of members of such the commission and how they shall be appointed, in
6 what proportion the expenses of such the commission shall be borne by the participating political
7 subdivisions localities, and any other matters pertinent to the operation of the commission as the
8 joint local planning commission for such the political subdivisions localities. Any commission so
9 created shall have, as to each participating political subdivision locality, the powers and duties
10 granted to and imposed upon local planning commissions under this chapter.
11 Drafting note: No substantive change in the law. This section is relocated from
12 the last paragraph of § 15.1-443.
13
14 § 15.1-502.1 15.2-2220. Duplicate planning commission authorized for certain local
15 governments.
16 Any city with a population between 140,000 and 160,000 which is subject to the
17 provisions of the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.), may by ordinance, may
18 establish a duplicate planning commission solely for the purpose of considering matters arising
19 from such Act. Sections 15.1-437 15.2-2210 through 15.1-445 15.2-2222 shall apply to such
20 the commission, mutatis mutandis.
21 The procedure, timing requirements and appeal to the circuit court set forth in §§
22 15.1-475 15.2-2258 through 15.2-2261 shall apply to the considerations of this commission,
23 mutatis mutandis.
24 To distinguish the planning commission authorized by this section from planning
25 commissions required by § 15.1-427.1 15.2-2210, the commissions commission established
26 hereunder shall have the words "Chesapeake Bay Preservation" in their its title.
27 Every The governing body of a municipality city that establishes a commission pursuant
28 to this section, in its sole discretion by ordinance, may abolish same the duplicate planning
29 commission.
30 Drafting note: No substantive change in the law. This section is relocated from
31 Article 9.
613
1
2 § 15.1-444 15.2-2221. Duties of commissions.
3 To effectuate this chapter, the local planning commission shall:
4 (a) 1. Exercise general supervision of, and make regulations for, the administration of its
5 affairs;
6 (b) 2. Prescribe rules pertaining to its investigations and hearings;
7 (c) 3. Supervise its fiscal affairs and responsibilities, under rules and regulations as
8 prescribed by the governing body;
9 (d) 4. Keep a complete record of its proceedings; and be responsible for the custody and
10 preservation of its papers and documents;
11 (e) 5. Make recommendations and an annual report to the governing body concerning the
12 operation of the commission and the status of planning within its jurisdiction;
13 (f) 6. Prepare, publish and distribute reports, ordinances and other material relating to its
14 activities;
15 (g) 7. Prepare and submit an annual budget in the manner prescribed by the governing
16 body of the county or municipality; and
17 (h) 8. If deemed advisable, establish an advisory committee or committees.
18 Drafting note: No substantive change in the law.
19
20 § 15.1-445 15.2-2222. Expenditures; gifts and donations.
21 The local planning commission may expend, under regular county or municipal local
22 procedure as provided by law, sums appropriated to it for its purposes and activities.
23 The governing body of a county or municipality A locality may accept gifts and
24 donations for local commission purposes. Any moneys so accepted shall be deposited with the
25 appropriate governing body in a special nonreverting local commission fund to be available for
26 expenditure by the local commission for the purpose designated by the donor. The disbursing
27 officer of the county or municipality locality may issue warrants against such special fund only
28 upon vouchers signed by the chairman and the secretary of the local commission.
29 Drafting note: No substantive change in the law.
30
31 Article 4 3.
614
1 The Comprehensive Plan.
2
3 § 15.1-446.1 15.2-2223. Comprehensive plan to be prepared and adopted; scope and
4 purpose.
5 The local planning commission shall prepare and recommend a comprehensive plan for
6 the physical development of the territory within its jurisdiction. Every and every governing body
7 in this Commonwealth shall adopt a comprehensive plan for the territory under its jurisdiction by
8 July- 1, 1980.
9 In the preparation of a comprehensive plan the commission shall make careful and
10 comprehensive surveys and studies of the existing conditions and trends of growth, and of the
11 probable future requirements of its territory and inhabitants. The comprehensive plan shall be
12 made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious
13 development of the territory which will, in accordance with present and probable future needs
14 and resources, best promote the health, safety, morals, order, convenience, prosperity and general
15 welfare of the inhabitants.
16 The comprehensive plan shall be general in nature, in that it shall designate the general or
17 approximate location, character, and extent of each feature shown on the plan and shall indicate
18 where existing lands or facilities are proposed to be extended, widened, removed, relocated,
19 vacated, narrowed, abandoned, or changed in use as the case may be.
20 Such The plan, with the accompanying maps, plats, charts, and descriptive matter, shall
21 show the commission's locality's long-range recommendations for the general development of
22 the territory covered by the plan, including the location of existing or proposed recycling centers.
23 It may include, but need not be limited to:
24 1. The designation of areas for various types of public and private development and use,
25 such as different kinds of residential, business, industrial, agricultural, mineral resources,
26 conservation, recreation, public service, flood plain and drainage, and other areas;
27 2. The designation of a system of transportation facilities such as streets, roads,
28 highways, parkways, railways, bridges, viaducts, waterways, airports, ports, terminals, and other
29 like facilities;
615
1 3. The designation of a system of community service facilities such as parks, forests,
2 schools, playgrounds, public buildings and institutions, hospitals, community centers,
3 waterworks, sewage disposal or waste disposal areas, and the like;
4 4. The designation of historical areas and areas for urban renewal or other treatment;
5 5. The designation of areas for the implementation of reasonable ground water protection
6 measures;
7 6. An official map, a capital improvements program, a subdivision ordinance, a zoning
8 ordinance and zoning district maps, mineral resource district maps and agricultural and forestal
9 district maps, where applicable; and
10 7. The location of existing or proposed recycling centers; and
11 7 8. The designation of areas for the implementation of measures to promote the
12 construction and maintenance of affordable housing, sufficient to meet the current and future
13 needs of residents of all levels of income in the locality while considering the current and future
14 needs of the planning district within which the locality is situated.
15 Drafting note: SUBSTANTIVE CHANGE; the first two paragraphs are combined.
16 The requirement of showing recycling centers is relocated to the list of items which “may”
17 be included in a comprehensive plan, and no longer “shall” be required.
18
19 § 15.1-447 15.2-2224. Surveys and studies to be made in preparation of plan;
20 implementation of plan.
21 A. In the preparation of a comprehensive plan, the local planning commission shall
22 survey and study such matters as the following:
23 1. Use of land, preservation of agricultural and forestal land, production of food and fiber,
24 characteristics and conditions of existing development, trends of growth or changes, natural
25 resources, historic areas, ground water, surface water, geologic factors, population factors,
26 employment, environmental and economic factors, existing public facilities, drainage, flood
27 control and flood damage prevention measures, transportation facilities, the need for affordable
28 housing in both the locality and planning district within which it is situated, and any other
29 matters relating to the subject matter and general purposes of the comprehensive plan.
30 However, if a locality chooses not to survey and study historic areas, then the locality
31 shall include historic areas in the comprehensive plan, if such areas are identified and surveyed
616
1 by the Department of Historic Resources. Furthermore, if a locality chooses not to survey and
2 study mineral resources, then the locality shall include mineral resources in the comprehensive
3 plan, if such areas are identified and surveyed by the Department of Mines, Minerals and Energy.
4 The requirement to study the production of food and fiber shall apply only to those plans adopted
5 on or after January 1, 1981.
6 2. Probable future economic and population growth of the territory and requirements
7 therefor.
8 B. The comprehensive plan shall recommend methods of implementation and shall
9 include a current map of the area covered by such the comprehensive plan. Unless otherwise
10 required by this chapter these , the methods of implementation may include but need not be
11 limited to:
12 1. An official map;
13 2. A capital improvements program;
14 3. A subdivision ordinance;
15 4. A zoning ordinance and zoning district maps; and
16 5. A mineral resource map.
17 The requirement for the local commission to survey and study production of food and
18 fiber in the preparation of a comprehensive plan shall not affect any comprehensive plan adopted
19 prior to January 1, 1981.
20 Drafting note: No substantive change in the law. The last paragraph is relocated
21 to subsection A1.
22
23 § 15.1-448 15.2-2225. Notice and hearing on plan; recommendation by local planning
24 commission to governing body.
25 Prior to the recommendation of a comprehensive plan or any part thereof, the local
26 planning commission shall give notice in accordance with § 15.2-2204 and hold a public hearing
27 on the plan, after notice as required by § 15.1-431. After such the public hearing has been held,
28 the commission may approve, amend and approve, or disapprove the plan. Upon approval of the
29 plan, the commission shall by resolution recommend the plan, or part thereof, to the governing
30 body and a copy shall be certified to the governing body.
617
1 Drafting note: No substantive change in the law. Old § 15.1-449 is added to the
2 end of this section.
3
4 § 15.1-449. Copy to be certified to governing body.
5 Upon recommendation of the comprehensive plan or a part thereof by the local
6 commission, a copy thereof shall be certified to the governing body.
7 Drafting note: The substance of this section is relocated to § 15.2-2225.
8
9 § 15.1-450 15.2-2226. Adoption or disapproval of plan by governing body.
10 After certification of the plan or part thereof, the governing body, after a public hearing
11 with notice as required by § 15.1-431 15.2-2204, shall proceed to a consideration of the plan or
12 part thereof and shall approve and adopt, amend and adopt, or disapprove the same plan within
13 ninety days after date of adoption of such resolution. The governing body shall act within ninety
14 days of the local planning commission's recommending resolution.
15 Drafting note: No substantive change in the law.
16
17 § 15.1-451 15.2-2227. Return of plan to local planning commission; resubmission.
18 If such the governing body disapproves the plan, then it shall be returned to the local
19 planning commission for its reconsideration, with a written statement of the reasons for its
20 disapproval.
21 The commission shall have sixty days in which to reconsider the plan and resubmit it,
22 with any changes, to the governing body.
23 Drafting note: No substantive change in the law.
24
25 § 15.1-452 15.2-2228. Adoption of parts of plan.
26 As the work of preparing the comprehensive plan progresses, the local planning
27 commission may, from time to time, recommend, and the governing body approve and adopt,
28 parts thereof; any. Any such part shall cover one or more major sections or divisions of the
29 county or municipality locality or one or more functional matters.
30 Drafting note: No substantive change in the law.
31
618
1 § 15.1-453 15.2-2229. Amendments.
2 After the adoption of a comprehensive plan, all amendments to it shall be recommended,
3 and approved and adopted, respectively, as required by § 15.1-431 15.2-2204. If the governing
4 body desires an amendment it may direct the local planning commission to prepare an
5 amendment and submit it to public hearing within sixty days after formal written request by the
6 governing body.
7 Drafting note: No substantive change in the law.
8
9 § 15.1-454 15.2-2230. Plan to be reviewed at least once every five years.
10 At least once every five years the comprehensive plan shall be reviewed by the local
11 planning commission to determine whether it is advisable to amend the plan.
12 Drafting note: No substantive change in the law.
13
14 § 15.1-455 15.2-2231. Inclusion of incorporated towns in county plan; inclusion of
15 adjacent unincorporated territory in municipal plan.
16 Any county plan may include planning of incorporated towns to the extent to which, in
17 the county local planning commission's judgment, it is related to planning of the unincorporated
18 territory of the county as a whole, provided, however that. However, the plan shall not be
19 considered as a comprehensive plan for any incorporated town unless recommended by the town
20 commission, if any, and adopted by the governing body of the town.
21 Any municipal plan may include the planning of adjacent unincorporated territory to the
22 extent to which, in the municipal local planning commission's judgment, it is related to the
23 planning of the incorporated territory of the municipality; provided, however that. However, the
24 plan shall not be considered as a comprehensive plan for such unincorporated territory unless
25 recommended by the county local commission, if any, and approved and adopted by the
26 governing body of the county.
27 Drafting note: No substantive change in the law.
28
29 § 15.1-456 15.2-2232. Legal status of plan.
30 A. Whenever the a local planning commission shall have recommended recommends a
31 comprehensive plan or part thereof for the county or municipality locality and such plan shall
619
1 have has been approved and adopted by the governing body, it shall control the general or
2 approximate location, character and extent of each feature shown on the plan. Thereafter, unless
3 such a feature is already shown on the adopted master plan or part thereof or is deemed so under
4 subsection D, no street or connection to an existing street, park or other public area, public
5 building or public structure, public utility facility or public service corporation facility other than
6 railroad facility, whether publicly or privately owned, shall be constructed, established or
7 authorized, unless and until the general location or approximate location, character, and extent
8 thereof has been submitted to and approved by the local commission as being substantially in
9 accord with the adopted comprehensive plan or part thereof. In connection with any such
10 determination the commission may, and at the direction of the governing body shall, hold a
11 public hearing, after notice as required by § 15.1-431 15.2-2204.
12 B. The commission shall communicate its findings to the governing body, indicating its
13 approval or disapproval with written reasons therefor. The governing body may overrule the
14 action of the commission by a vote of a majority of the its membership thereof. Failure of the
15 commission to act within sixty days of such a submission, unless such the time shall be is
16 extended by the governing body, shall be deemed approval. The owner or owners or their
17 agents may appeal the decision of the local commission to the governing body within ten days
18 after the decision of the commission. The appeal shall be by written petition to the governing
19 body setting forth the reasons for the appeal. The appeal shall be heard and determined within
20 sixty days from its filing. A majority vote of the governing body shall overrule the commission.
21 C. Widening, narrowing, extension, enlargement, vacation or change of use of streets or
22 public areas shall likewise be submitted for approval, but paving, repair, reconstruction,
23 improvement, drainage or similar work and normal service extensions of public utilities or public
24 service corporations shall not require approval unless involving a change in location or extent of
25 a street or public area.
26 D. Any public area, facility or use as set forth in subsection A which is identified
27 within, but not the entire subject of, a submission under either § 15.1-475 15.2-2258 for
28 subdivision or provision 8 of § 15.1-491 (h) 15.2-2286 for development or both may be deemed
29 a feature already shown on the adopted master plan, and, therefore, excepted from the
30 requirement for submittal to and approval by the commission or the governing body; provided,
31 that the governing body has by ordinance or resolution defined standards governing the
620
1 construction, establishment or authorization of such public area, facility or use or has approved it
2 through acceptance of a proffer made pursuant to § 15.1-491 (a) 15.2-2303.
3 E. No approval shall be required under this section of any application filed after January
4 1, 1988, with respect to the construction and operation of a water system under authority of §
5 15.1-875 by any city with a population of more than 260,000, and any denial of such an
6 application prior to the effective date of this subsection shall be of no force or effect; provided,
621
1 that the governing body may, in acting on any § 15.1-875 application, consider whether the water
2 system is in conflict with any specific provision of the comprehensive plan.
3 F. E. Approval and funding of a public telecommunications facility by the Virginia
4 Public Telecommunications Board pursuant to Article 6 (§ 2.1-563.23 et seq.) of Chapter 35.2
5 of Title 2.1 shall be deemed to satisfy the requirements of this section and local zoning
6 ordinances with respect to such facility with the exception of television and radio towers and
7 structures not necessary to house electronic apparatus. The exemption provided for in this
8 subsection shall not apply to facilities existing or approved by the Board prior to July 1, 1990.
9 The Board shall notify the governing body of the locality in advance of any meeting where
10 approval of any such facility shall be acted upon.
11 Drafting note: No substantive change in the law. Old subsection E expired on
12 February 1, 1995.
13
14 Article 5 4.
15 The Official Map.
16
17 § 15.1-458 15.2-2233. Maps to be prepared in counties and municipalities localities; what
18 map shall show.
19 In counties or municipalities localities where no official map exists, or where an existing
20 official map is incomplete, the local planning commission may make, or cause to be made, a map
21 showing the location of any:
22 1. Legally established public street, alley, walkway, waterway, and public area of the
23 county or municipality locality; and
24 2. Future or proposed public street, alley, walkway, waterway and public area.
25 No future or proposed street or street line, waterway, nor public area, shall be shown on
26 an official map unless and until the centerline of such the street, the course of such the waterway,
27 or the metes and bounds of such the public area, have been fixed or determined in relation to
28 known, fixed and permanent monuments by a physical survey or aerial photographic survey
29 thereof. In addition to the centerline of each street, the map shall indicate the width of the
30 right-of-way thereof. Local planning commissions are hereby empowered to make or cause to be
31 made the surveys required herein.
622
1 After adoption by the governing body of an official map, the local governing body may
2 acquire in any way permitted by law property which is or may be needed for the construction of
3 any street, alley, walkway, waterway or public area shown on such the map. When an application
4 for a building permit is made to a county or municipality locality for an area shown on the
5 official map as a future or proposed right-of-way, the county or municipality locality shall have
6 60 sixty days to either grant or deny the building permit. If the permit is denied for the sole
7 purpose of acquiring the property, the county or municipality locality has 120 days from the date
8 of denial to acquire the property, either through negotiation or by filing condemnation
9 proceedings. If the county or municipality locality has not acted within the 120 day period, the
10 building permit shall be issued to the applicant provided all other requirements of law have been
11 met.
12 Drafting note: No substantive change in the law.
13
14 § 15.1-459 15.2-2234. Adoption; filing in office of clerk of court.
15 After such the official map has been prepared and recommended by the local planning
16 commission it shall be certified by the commission to the governing body of the county or
17 municipality locality. The governing body may then approve and adopt the same map by a
18 majority vote of the its membership thereof and publish it as the official map of the county or
19 municipality locality. No official map shall be adopted by the governing body or have any effect
20 until approved by ordinance duly passed by the governing body of the county or municipality
21 locality after a public hearing, preceded by public notice as required by § 15.1-431 15.2-2204.
22 Within thirty days after adoption of the official map the governing body shall cause it to
23 be filed in the office of the clerk of the circuit court or courts of the county or city wherein deeds
24 are admitted to record.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-460 15.2-2235. Additions and modifications.
28 The governing body may by ordinance make, from time to time, other additions to or
29 modifications of the official map by placing thereon the location of any proposed street, street
30 widening, street vacation, waterway or public area in accordance with the procedures applicable
31 to such county or municipality the locality.
597
1 Prior to making any such additions or modifications of to the official map, the governing
2 body shall refer the same additions or modifications to the local planning commission for its
3 consideration. The commission shall take action on such the proposed additions or modifications
4 within sixty days and report its recommendations to the governing body.
5 Upon receipt of the report of the commission, the governing body shall hold a public
6 hearing on the proposed addition or modification to the official map and shall give notice of such
7 the hearing in accordance with § 15.1-431 15.2-2204. All such reports of the commission, when
8 delivered to the governing body, shall be available for public inspection.
9 Any ordinance embodying additions to or modifications of the official map shall be
10 adopted by at least the vote required for original adoption of the official map. After the public
11 hearing and the final passage of such ordinance, the additions or modifications shall become a
12 part of the official map of the county or municipality locality. All changes, additions or
13 modifications of the official map shall be filed with the clerk of the court as provided in §
14 15.1-459 15.2-2234.
15 Drafting note: No substantive change in the law.
16
17 § 15.1-461 15.2-2236. Periodic review and readoption.
18 The official map and any additions thereto or modifications thereof shall be reviewed
19 within not more than five years from the date of adoption or readoption of the map by the
20 governing body. The procedure by the local planning commission and the governing body in
21 connection with such the review shall conform to that prescribed as to original adoption of the
22 map. Neither the official map nor any additions thereto or modifications thereof shall be of any
23 force or effect for more than five years after adoption or readoption of the map unless readopted
24 by the governing body in accordance herewith.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-462 15.2-2237. Consultation with Commonwealth Transportation Board; copies of
28 map and ordinance to be sent to Commonwealth Transportation Board.
29 During the preparation of an official map the local planning commission shall consult
30 with the Commonwealth Transportation Board or its local representative as to any streets under
31 the jurisdiction of the Board, and prior to recommendation of the map to the governing body it
598
1 shall submit the same map to the Board for comment. Any recommendations of the Board, not
2 incorporated in the official map, shall be forwarded to the governing body when the map is
3 recommended by the local commission. When any county or municipality locality has adopted
4 an official map in accordance with the terms of this chapter a certified copy of the map and
5 ordinance adopting it shall be sent to the Board.
6 Drafting note: No substantive change in the law.
7
8 § 15.1-463 15.2-2238. Authority of counties under § 33.1-229 et seq. not affected.
9 The provisions of this article shall not affect the exercise of the authority contained in §
10 33.1-229 et seq., by counties that have withdrawn their roads from the secondary system of state
11 highways.
12 Drafting note: No change.
13
14 Article 6 5.
15 Capital Outlay Improvement Programs.
16
17 § 15.1-464 15.2-2239. Local planning commissions to prepare and submit annually
18 capital improvement programs to governing body or official charged with preparation of budget.
19 A local planning commission may, and at the direction of the governing body shall,
20 prepare and revise annually a capital improvement program based on the comprehensive plan of
21 the county or municipality locality for a period not to exceed the ensuing five years. The
22 commission shall submit the same program annually to the governing body, or to the chief
23 administrative officer or other official charged with preparation of the budget for the
24 municipality or county locality, at such time as it or he shall direct. Such The capital
25 improvement program shall include the commission's recommendations, and estimates of cost of
26 such the facilities and the means of financing them, to be undertaken in the ensuing fiscal year
27 and in a period not to exceed the next four years, as the basis of the capital budget for the county
28 or municipality locality. In the preparation of its capital budget recommendations, the
29 commission shall consult with the chief administrative officer or other executive head of the
30 government of the county or municipality locality, the heads of departments and interested
599
1 citizens and organizations and shall hold such public hearings as it deems necessary unless
2 otherwise required.
3 Localities may use value engineering for any capital project. For purposes of this section,
4 "value engineering" has the same meaning as that in § 2.1-483.1:1.
5 Drafting note: No substantive change in the law.
6
7 Article 7 6.
8 Land Subdivision and Development.
9
10 § 15.1-465 15.2-2240. Counties and municipalities Localities to adopt ordinances
11 regulating subdivision and development of land.
12 The governing body of any county or municipality every locality shall adopt an ordinance
13 to assure the orderly subdivision of land and its development. Such ordinance shall be adopted
14 by July 1, 1977. The word "subdivision" as used in any such ordinance shall have the meaning
15 set forth in § 15.1-430 (l).
16 Drafting note: No substantive change in the law. The last two sentences are
17 deleted as unnecessary.
18
19 § 15.1-466 15.2-2241. Mandatory provisions of a subdivision ordinance.
20 A. A subdivision ordinance shall include reasonable regulations and provisions that
21 apply to or provide:
22 1. For plat details which shall meet the standard for plats as adopted under § 42.1-82 of
23 the Virginia Public Records Act (§ 42.1-76 et seq.);
24 2. For the coordination of streets within and contiguous to the subdivision with other
25 existing or planned streets within the general area as to location, widths, grades and drainage,
26 including, for ordinances and amendments thereto adopted on or after January 1, 1990, for the
27 coordination of such streets with existing or planned streets in existing or future adjacent or
28 contiguous to adjacent subdivisions;
29 3. For adequate provisions for drainage and flood control and other public purposes, and
30 for light and air, and for identifying soil characteristics;
600
1 4. For the extent to which and the manner in which streets shall be graded, graveled or
2 otherwise improved and water and storm and sanitary sewer and other public utilities or other
3 community facilities are to be installed;
4 5. For the acceptance of dedication for public use of any right-of-way located within any
5 subdivision or section thereof, which has constructed or proposed to be constructed within the
6 subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or
7 sewerage system, waterline as part of a public system or other improvement dedicated for public
8 use, and maintained by the locality, the Commonwealth, or other public agency, and for the
9 provision of other site-related improvements required by local ordinances for vehicular ingress
10 and egress, including traffic signalization and control, for public access streets, for structures
11 necessary to ensure stability of critical slopes, and for storm water management facilities,
12 financed or to be financed in whole or in part by private funds only if the owner or developer (i)
13 certifies to the governing body that the construction costs have been paid to the person
14 constructing such facilities; (ii) furnishes to the governing body a certified check or cash escrow
15 in the amount of the estimated costs of construction or a personal, corporate or property bond,
16 with surety satisfactory to the governing body or its designated administrative agency, in an
17 amount sufficient for and conditioned upon the construction of such facilities, or a contract for
18 the construction of such facilities and the contractor's bond, with like surety, in like amount and
19 so conditioned; or (iii) furnishes to the governing body a bank or savings institution’s letter of
20 credit on certain designated funds satisfactory to the governing body or its designated
21 administrative agency as to the bank or savings institution, the amount and the form. The amount
22 of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the
23 estimated cost of construction based on unit prices for new public or private sector construction
24 in the locality and a reasonable allowance for estimated administrative costs, inflation, and
25 potential damage to existing roads or utilities, which shall not exceed twenty-five percent of the
26 estimated construction costs.
27 If a developer records a final plat which may be a section of a subdivision as shown on an
28 approved preliminary plat and furnishes to the governing body a certified check, cash escrow,
29 bond, or letter of credit in the amount of the estimated cost of construction of the facilities to be
30 dedicated within said section for public use and maintained by the locality, the Commonwealth,
31 or other public agency, the developer shall have the right to record the remaining sections shown
601
1 on the preliminary plat for a period of five years from the recordation date of the first section, or
2 for such longer period as the local commission or other agent may, at the approval, determine to
3 be reasonable, taking into consideration the size and phasing of the proposed development,
4 subject to the terms and conditions of this subsection and subject to engineering and construction
5 standards and zoning requirements in effect at the time that each remaining section is recorded.
6 In the event a governing body of a county, wherein the highway system is maintained by the
7 Department of Transportation, has accepted the dedication of a road for public use and such road
8 due to factors other than its quality of construction is not acceptable into the secondary system of
9 state highways, then such governing body may, if so provided by its subdivision ordinance,
10 require the subdivider or developer to furnish the county with a maintenance and indemnifying
11 bond, with surety satisfactory to the governing body or its designated administrative agency, in
12 an amount sufficient for and conditioned upon the maintenance of such road until such time as it
13 is accepted into the secondary system of state highways. In lieu of such bond, the governing
14 body or its designated administrative agency may accept a bank or savings institution’s letter of
15 credit on certain designated funds satisfactory to the governing body or its designated
16 administrative agency as to the bank or savings institution, the amount and the form, or accept
17 payment of a negotiated sum of money sufficient for and conditioned upon the maintenance of
18 such road until such time as it is accepted into the secondary system of state highways and
19 assume the subdivider's or developer's liability for maintenance of such road. "Maintenance of
20 such road" shall be deemed to mean, as used in this section, means maintenance of the streets,
21 curb, gutter, drainage facilities, utilities or other street improvements, including the correction of
22 defects or damages and the removal of snow, water or debris, so as to keep such road reasonably
23 open for public usage;
24 6. For conveyance, in appropriate cases, of common or shared easements to franchised
25 cable television operators furnishing cable television and public service corporations furnishing
26 cable television, gas, telephone and electric service to the proposed subdivision. Such easements,
27 the location of which shall be adequate for use by public service corporations which may be
28 expected to occupy them, may be conveyed by reference on the final plat to a declaration of the
29 terms and conditions of such common easements agreed to by franchised cable television
30 operators furnishing cable television and by such public service corporations and recorded in the
31 land records of the county or city. The failure of any such franchised cable television operator to
602
1 agree to the terms and conditions set out in such declaration shall not defeat or impair any such
2 common easement conveyance;
3 7. For monuments of specific types to be installed establishing street and property lines;
4 8. That unless a plat is filed for recordation within six months after final approval thereof
5 or such longer period as may be approved by the governing body, such approval shall be
6 withdrawn and the plat marked void and returned to the approving official; however, in any case
7 where construction of facilities to be dedicated for public use has commenced pursuant to an
8 approved plan or permit with surety approved by the governing body or its designated
9 administrative agency, or where the developer has furnished surety to the governing body or its
10 designated administrative agency by certified check, cash escrow, bond, or letter of credit in the
11 amount of the estimated cost of construction of such facilities, the time for plat recordation shall
12 be extended to one year after final approval or to the time limit specified in the surety agreement
13 approved by the governing body or its designated administrative agency, whichever is greater;
14 9. For the administration and enforcement of such ordinance, not inconsistent with
15 provisions contained in this chapter, and specifically for the imposition of reasonable fees and
16 charges for the review of plats and plans, and for the inspection of facilities required by any such
17 ordinance to be installed; such fees and charges shall in no instance exceed an amount
18 commensurate with the services rendered taking into consideration the time, skill and
19 administrator's expense involved. All such charges heretofore made are hereby validated;
20 10. For payment by a subdivider or developer of land of the pro rata share of the cost of
21 providing reasonable and necessary sewerage, water, and drainage facilities, located outside the
22 property limits of the land owned or controlled by the subdivider or developer but necessitated or
23 required, at least in part, by the construction or improvement of the subdivision or development;
24 however, no such payment shall be required until such time as the governing body or a
25 designated department or agency thereof shall have established a general sewer, water, and
26 drainage improvement program for an area having related and common sewer, water, and
27 drainage conditions and within which the land owned or controlled by the subdivider or
28 developer is located. Such regulations shall set forth and establish reasonable standards to
29 determine the proportionate share of total estimated cost of ultimate sewerage, water, and
30 drainage facilities required adequately to serve a related and common area, when and if fully
31 developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider
603
1 or developer within the area. Such share shall be limited to the proportion of such total estimated
2 cost which the increased sewage flow, water flow, and/or increased volume and velocity of storm
3 water runoff to be actually caused by the subdivision or development bears to total estimated
4 volume and velocity of such sewage, water, and/or runoff from such area in its fully developed
5 state.
6 Each such payment received shall be expended only for the construction of those
7 facilities identified in the established sewer, water, and drainage program; however, in lieu of
8 such payment the governing body may provide for the posting of a personal, corporate or
9 property bond, cash escrow or other method of performance guarantee satisfactory to it
10 conditioned on payment at commencement of such construction. The payments received shall be
11 kept in a separate account for each of the individual improvement programs until such time as
12 they are expended for the improvement program;
13 11. Any funds collected for pro rata programs under subdivision 10 of this subsection
14 prior to July 1, 1990, shall continue to be held in separate, interest bearing accounts for the
15 project or projects for which the funds were collected and any interest from such accounts shall
16 continue to accrue to the benefit of the subdivider or developer until such time as the project or
17 projects are completed or until such time as a general sewer and drainage improvement program
18 is established to replace a prior sewer and drainage improvement program. If such a general
19 improvement program is established, the governing body of any county or municipality may
20 abolish any remaining separate accounts and require the transfer of the assets therein into a
21 separate fund for the support of each of the established sewer, water, and drainage programs.
22 Upon the transfer of such assets, subdividers and developers who had met the terms of any
23 existing agreements made under a previous pro rata program shall receive any outstanding
24 interest which has accrued up to the date of transfer, and such subdividers and developers shall
25 be released from any further obligation under those existing agreements. The transferred assets
26 shall be the sole property of the county or municipality which established the general
27 improvement program;
28 12. 10. For reasonable provisions permitting a single division of a lot or parcel for the
29 purpose of sale or gift to a member of the immediate family of the property owner in accordance
30 with the provisions of § 15.2-2244, subject only to any express requirement contained in the
31 Code of Virginia and to any requirement imposed by the local governing body that all lots of less
604
1 than five acres have reasonable right-of-way of not less than ten feet or more than twenty feet
2 providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such
3 division shall be allowed per family member, and shall not be for the purpose of circumventing
4 this subdivision. For the purpose of this subdivision, a member of the immediate family is
5 defined as any person who is a natural or legally defined offspring, spouse, grandchild,
6 grandparent, or parent of the owner. The provisions of this subdivision shall apply only to
7 subdivision ordinances adopted by counties and the City of Suffolk;
8 13. For reasonable provisions, notwithstanding subdivision A 12, in a county having the
9 urban county executive form of government permitting a single division of a lot or parcel for the
10 purpose of sale or gift to a member of the immediate family of the property owner, subject only
11 to any express requirement contained in the Code of Virginia and to any requirement imposed by
12 the local governing body that all lots of less than five acres have frontage of not less than ten feet
13 or more than twenty feet on a dedicated recorded public street or thoroughfare. Only one such
14 division shall be allowed per family member, and the division shall not be for the purpose of
15 circumventing a local subdivision ordinance. For the purpose of this subsection, a member of the
16 immediate family is defined as any person who is a natural or legally defined offspring or parent
17 of the owner; and
18 14. 11. For the periodic partial and final complete release of any bond, escrow, letter of
19 credit, or other performance guarantee required by the governing body under this section in
20 accordance with the provisions of § 15.2-2245. within thirty days after receipt of written notice
21 by the subdivider or developer of completion of part or all of any facilities required to be
22 constructed hereunder unless the governing body or its designated administrative agency notifies
23 said subdivider or developer in writing of nonreceipt of approval by applicable state agency, or
24 of any specified defects or deficiencies in construction and suggested corrective measures prior
25 to the expiration of the thirty-day period.
26 If no such action is taken by the governing body or administrative agency within the time
27 specified above, the request shall be deemed approved, and a partial release granted to the
28 subdivider or developer. No final release shall be granted until after expiration of such thirty-day
29 period and there is an additional request in writing sent by certified mail return receipt to the
30 chief administrative officer of such governing body. The governing body or its designated
31 administrative agency shall act within ten working days of receipt of the request; then if no
605
1 action is taken the request shall be deemed approved and final release granted to the subdivider
2 or developer.
3 After receipt of the written notices required above, if the governing body or
4 administrative agency takes no action within the times specified above and the subdivider or
5 developer files suit in the local circuit court to obtain partial or final release of a bond, escrow,
6 letter of credit, or other performance guarantee, as the case may be, the circuit court, upon
7 finding the governing body or its administrative agency was without good cause in failing to act,
8 shall award such subdivider or developer his reasonable costs and attorneys' fees.
9 No governing body or administrative agency shall refuse to make a periodic partial or
10 final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not
11 directly related to the specified defects or deficiencies in construction of the facilities covered by
12 said bond, escrow, letter of credit or other performance guarantee.
13 Upon written request by the subdivider or developer, the governing body or its designated
14 administrative agency shall be required to make periodic partial releases of such bond, escrow,
15 letter of credit, or other performance guarantee in a cumulative amount equal to no less than
16 eighty percent of the original amount for which the bond, escrow, letter of credit, or other
17 performance guarantee was taken, and may make partial releases to such lower amounts as may
18 be authorized by the governing body or its designated administrative agency based upon the
19 percentage of facilities completed and approved by the governing body, local administrative
20 agency, or state agency having jurisdiction. Periodic partial releases may not occur before the
21 completion of at least thirty percent of the facilities covered by any bond, escrow, letter of credit,
22 or other performance guarantee. The governing body or administrative agency shall not be
23 required to execute more than three periodic partial releases in any twelve-month period. Upon
24 final completion and acceptance of said facilities, the governing body or administrative agency
25 shall release any remaining bond, escrow, letter of credit, or other performance guarantee to the
26 subdivider or developer. For the purpose of final release, the term "acceptance" is deemed to
27 mean: when said public facility is accepted by and taken over for operation and maintenance by
28 the state agency, local government department or agency, or other public authority which is
29 responsible for maintaining and for operating such facility upon acceptance.
30 For the purposes of this subsection, a certificate of partial or final completion of such
31 facilities from either a duly licensed professional engineer or land surveyor, as defined in and
606
1 limited to § 54.1-400, or from a department or agency designated by the local government may
2 be accepted without requiring further inspection of such facilities.
3 Drafting note: No substantive change in the law. The stricken portions of old
4 provisions 12 and 13 of this section now appear as subsections A and B of § 15.2-2244.
5 The stricken portions of old provision 14 of this section now appear as § 15.2-2245.
6 Former subsections B through H are split into the sections which follow.
7
8 § 15.2-2242. Optional provisions of a subdivision ordinance.
9 A subdivision ordinance may include:
10 B. A subdivision ordinance may include provisions 1. Provisions for variations in or
11 exceptions to the general regulations of the subdivision ordinance in cases of unusual situations
12 or when strict adherence to the general regulations would result in substantial injustice or
13 hardship.
14 C. A subdivision ordinance may require 2. A requirement for the furnishing of a
15 preliminary opinion from the applicable health official regarding the suitability of a subdivision
16 for installation of subsurface sewage disposal systems where such method of sewage disposal is
17 to be utilized in the development of a subdivision.
18 D. A subdivision ordinance may require 3. A requirement that, in the event streets in a
19 subdivision will not be constructed to meet the standards necessary for inclusion in the secondary
20 system of state highways or for state street maintenance moneys paid to municipalities, the
21 subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a
22 statement advising that the streets in the subdivision do not meet state standards and will not be
23 maintained by the Department of Transportation or the county or the municipalities localities
24 enacting the ordinances. Grantors of any subdivision lots to which such statement applies must
25 include the statement on each deed of conveyance thereof. However, counties and municipalities
26 localities in their ordinances may establish minimum standards for construction of streets that
27 will not be built to state standards.
28 For streets constructed or to be constructed, as provided for in this subsection, a
29 subdivision ordinance may require that the same procedure be followed as that set forth in
30 subdivision A provision 5 of this section § 15.2-2241. Further, the subdivision ordinance may
31 provide that the developer's financial commitment shall continue until such time as the local
607
1 government releases such financial commitment in accordance with the provisions of subdivision
2 A 14 provision 11 of this section § 15.2-2241.
3 E. A subdivision ordinance may include reasonable 4. Reasonable provision for the
4 voluntary funding of off-site road improvements and reimbursements of advances by the
5 governing body. If a subdivider or developer makes an advance of payments for or construction
6 of reasonable and necessary road improvements located outside the property limits of the land
7 owned or controlled by him, the need for which is substantially generated and reasonably
8 required by the construction or improvement of his subdivision or development, and such
9 advance is accepted, the governing body may agree to reimburse the subdivider or developer
10 from such funds as the governing body may make available for such purpose from time to time
11 for the cost of such advance together with interest, which shall be excludable from gross income
12 for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently
13 issued by the governing body on the following terms and conditions:
14 1. a. The governing body shall determine or confirm that the road improvements were
15 substantially generated and reasonably required by the construction or improvement of the
16 subdivision or development and shall determine or confirm the cost thereof, on the basis of a
17 study or studies conducted by qualified traffic engineers and approved and accepted by the
18 subdivider or developer.
19 2. b. The governing body shall prepare, or cause to be prepared, a report accepted and
20 approved by the subdivider or developer, indicating the governmental services required to be
21 furnished to the subdivision or development and an estimate of the annual cost thereof for the
22 period during which the reimbursement is to be made to the subdivider or developer.
23 3. c. The governing body may make annual reimbursements to the subdivider or
24 developer from funds made available for such purpose from time to time, including but not
25 limited to real estate taxes assessed and collected against the land and improvements on the
26 property included in the subdivision or development in amounts equal to the amount by which
27 such real estate taxes exceed the annual cost of providing reasonable and necessary
28 governmental services to such subdivision or development.
29 F. Site plan or plans of development which are required to be submitted and approved in
30 accordance with § 15.1-491 (h) shall be subject to the provisions of this section, mutatis
31 mutandis.
608
1 G. Notwithstanding subdivisions A 12 and A 13 of this section, a subdivision ordinance
2 may include reasonable provisions permitting divisions of lots or parcels for the purpose of sale
3 or gift to a member of the immediate family of the property owner in (i) any county or city which
4 has had population growth of ten percent or more from the next-to-latest to latest decennial
5 census year, based on population reported by the United States Bureau of the Census, provided
6 that until the 1990 census is reported, any county or city instead may qualify only if it has had an
7 estimated population growth of ten percent or more from 1980 to the most recent year for which
8 population estimates are available from the Center for Public Service of the University of
9 Virginia; (ii) any city or county adjoining such city or county; (iii) any towns located within such
10 county; and (iv) any county contiguous with at least three such counties, and any town located in
11 that county. Such divisions shall be subject to all requirements of the Code of Virginia and to any
12 requirements imposed by the local governing body.
13 H. 5. In a county having the urban county executive form of government, in any city
14 located within or adjacent thereto, or any county adjacent thereto or a town located within such
15 county, in any county with a population between 57,000 and 57,450, or in any county with a
16 population between 60,000 and 63,000, and in any city with a population between 140,000 and
17 160,000, the subdivision ordinance may include provisions for payment by a subdivider or
18 developer of land of a pro rata share of the cost of reasonable and necessary road improvements,
19 located outside the property limits of the land owned or controlled by him but serving an area
20 having related traffic needs to which his subdivision or development will contribute, to
21 reimburse an initial subdivider or developer who has advanced such costs or constructed such
22 road improvements. Such ordinance may apply to road improvements constructed after July 1,
23 1988, in a county having the urban county executive form of government; in a city located within
24 or adjacent to a county having the urban county executive form of government, or in a county
25 adjacent to a county having the urban county executive form of government or town located
26 within such county, and in any county with a population between 57,000 and 57,450, or in any
27 county with a population between 60,000 and 63,000, such ordinance may only apply to road
28 improvements constructed after the effective date of such ordinance.
29 Such provisions shall provide for the adoption of a pro rata reimbursement plan which
30 shall include reasonable standards to identify the area having related traffic needs, to determine
31 the total estimated or actual cost of road improvements required to adequately serve the area
609
1 when fully developed in accordance with the comprehensive plan or as required by proffered
2 conditions, and to determine the proportionate share of such costs to be reimbursed by each
3 subsequent subdivider or developer within the area, with interest (i) at the legal rate or (ii) at an
4 inflation rate prescribed by a generally accepted index of road construction costs, whichever is
5 less.
6 For any subdivision ordinance adopted pursuant to this subsection provision 5 of this
7 section after February 1, 1993, no such payment shall be assessed or imposed upon a subsequent
8 developer or subdivider if (i) prior to the adoption of a pro rata reimbursement plan the
9 subsequent subdivider or developer has proffered conditions pursuant to § 15.1-491 (a)
10 15.2-2303 for offsite road improvements and such proffered conditions have been accepted by
11 the local government locality, (ii) the local government locality has assessed or imposed an
12 impact fee on the subsequent development or subdivision pursuant to Article 8.1 8 (§ 15.1-498.1
13 15.2-2317 et seq.) of Chapter 11 of this title 22, or (iii) the subsequent subdivider or developer
14 has received final site plan, subdivision plan, or plan of development approval from the local
15 government locality prior to the adoption of a pro rata reimbursement plan for the area having
16 related traffic needs.
17 The amount of the costs to be reimbursed by a subsequent developer or subdivider shall
18 be determined before or at the time the site plan or subdivision is approved. The ordinance shall
19 specify that such costs are to be collected at the time of the issuance of a temporary or final
20 certificate of occupancy or functional use and occupancy within the development, whichever
21 shall come first. The ordinance also may provide that the required reimbursement may be paid (i)
22 in lump sum, (ii) by agreement of the parties on installment at a reasonable rate of interest or rate
23 of inflation, whichever is less, for a fixed number of years, or (iii) on such terms as otherwise
24 agreed to by the initial and subsequent subdividers and developers.
25 Such ordinance provisions may provide that no certificate of occupancy shall be issued to
26 a subsequent developer or subdivider until (i) the initial developer certifies to the local
27 government locality that the subsequent developer has made the required reimbursement directly
28 to him as provided above or (ii) the subsequent developer has deposited the reimbursement
29 amount with the local government locality for transfer forthwith to the initial developer.
610
1 6. Provisions for establishing and maintaining access to solar energy to encourage the use
2 of solar heating and cooling devices in new subdivisions. The provisions shall be applicable to a
3 new subdivision only when so requested by the subdivider.
4 Drafting note: No substantive change in the law. The provisions of subsection G
5 now appear as subsection C of § 15.2-2244. Former section 15.1-466.01 is added to the end
6 of this section as provision 6. Former subsection F is now § 15.2-2246.
7
8 § 15.2-2243. Payment by subdivider of the pro rata share of the cost of certain facilities.
9 10. For A. A locality may provide in its subdivision ordinance for payment by a
10 subdivider or developer of land of the pro rata share of the cost of providing reasonable and
11 necessary sewerage, water, and drainage facilities, located outside the property limits of the land
12 owned or controlled by the subdivider or developer but necessitated or required, at least in part,
13 by the construction or improvement of the subdivision or development; however, no such
14 payment shall be required until such time as the governing body or a designated department or
15 agency thereof shall have has established a general sewer, water, and drainage improvement
16 program for an area having related and common sewer, water, and drainage conditions and
17 within which the land owned or controlled by the subdivider or developer is located or the
18 governing body has committed itself by ordinance to the establishment of such a program. Such
19 regulations or ordinance shall set forth and establish reasonable standards to determine the
20 proportionate share of total estimated cost of ultimate sewerage, water, and drainage facilities
21 required adequately to adequately serve a related and common area, when and if fully developed
22 in accord with the adopted comprehensive plan, that shall be borne by each subdivider or
23 developer within the area. Such share shall be limited to the proportion of such total estimated
24 cost which the increased sewage flow, water flow, and/or increased volume and velocity of storm
25 water runoff to be actually caused by the subdivision or development bears to total estimated
26 volume and velocity of such sewage, water, and/or runoff from such area in its fully developed
27 state. In calculating the volume and velocity of stormwater runoff, the governing body shall take
28 into account the effect of all on-site stormwater facilities or best management practices
29 constructed or required to be constructed by the subdivider or developer and give appropriate
30 credit therefor.
611
1 B. Each such payment received shall be expended only for necessary engineering and
2 related studies and the construction of those facilities identified in the established sewer, water,
3 and drainage program; however, in lieu of such payment the governing body may provide for the
4 posting of a personal, corporate or property bond, cash escrow or other method of performance
5 guarantee satisfactory to it conditioned on payment at commencement of such studies or
6 construction. The payments received shall be kept in a separate account for each of the individual
7 improvement programs until such time as they are expended for the improvement program. All
8 bonds, payments, cash escrows or other performance guarantees hereunder shall be released and
9 used, with any interest earned, as a tax credit on the real estate taxes on the property if
10 construction of the facilities identified in the established water, sewer and drainage programs is
11 not commenced within twelve years from the date of the posting of the bond, payment, cash
12 escrow or other performance guarantee;
13 11. C. Any funds collected for pro rata programs under subdivision 10 of this subsection
14 section prior to July 1, 1990, shall continue to be held in separate, interest bearing accounts for
15 the project or projects for which the funds were collected and any interest from such accounts
16 shall continue to accrue to the benefit of the subdivider or developer until such time as the
17 project or projects are completed or until such time as a general sewer and drainage improvement
18 program is established to replace a prior sewer and drainage improvement program. If such a
19 general improvement program is established, the governing body of any county or municipality
20 locality may abolish any remaining separate accounts and require the transfer of the assets
21 therein into a separate fund for the support of each of the established sewer, water, and drainage
22 programs. Upon the transfer of such assets, subdividers and developers who had met the terms of
23 any existing agreements made under a previous pro rata program shall receive any outstanding
24 interest which has accrued up to the date of transfer, and such subdividers and developers shall
25 be released from any further obligation under those existing agreements. All bonds, payments,
26 cash escrows or other performance guarantees hereunder shall be released and used, with any
27 interest earned, as a tax credit on the real estate taxes on the property if construction of the
28 facilities identified in the established water, sewer and drainage programs is not commenced
29 within twelve years from the date of the posting of the bond, payment, cash escrow or other
30 performance guarantee..
612
1 Drafting note: No substantive change in the law. This section is relocated from
2 provisions 10 and 11 of old § 15.1-466 (now § 15.2-2241).
3
4 § 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member.
5 12. For A. In any county and the City of Suffolk a subdivision ordinance shall provide for
6 reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift
7 to a member of the immediate family of the property owner, subject only to any express
8 requirement contained in the Code of Virginia and to any requirement imposed by the local
9 governing body that all lots of less than five acres have reasonable right-of-way of not less than
10 ten feet or more than twenty feet providing ingress and egress to a dedicated recorded public
11 street or thoroughfare. Only one such division shall be allowed per family member, and shall not
12 be for the purpose of circumventing this subdivision section. For the purpose of this subdivision
13 subsection, a member of the immediate family is defined as any person who is a natural or
14 legally defined offspring, spouse, grandchild, grandparent, or parent of the owner. The
15 provisions of this subdivision shall apply only to subdivision ordinances adopted by counties and
16 the City of Suffolk;
17 13. For reasonable provisions, notwithstanding subdivision A 12 B. Notwithstanding
18 subsection A of this section, in a county having the urban county executive form of government,
19 a subdivision ordinance shall provide for reasonable provisions permitting a single division of a
20 lot or parcel for the purpose of sale or gift to a member of the immediate family of the property
21 owner, subject only to any express requirement contained in the Code of Virginia and to any
22 requirement imposed by the local governing body that all lots of less than five acres have
23 frontage of not less than ten feet or more than twenty feet on a dedicated recorded public street or
24 thoroughfare. Only one such division shall be allowed per family member, and the division shall
25 not be for the purpose of circumventing a local subdivision ordinance. For the purpose of this
26 subdivision subsection, a member of the immediate family is defined as any person who is a
27 natural or legally defined offspring or parent of the owner;.
28 G. C. Notwithstanding subdivisions A 12 and A 13 subsections A and B of this section, a
29 subdivision ordinance may include reasonable provisions permitting divisions of lots or parcels
30 for the purpose of sale or gift to a member of the immediate family of the property owner in (i)
31 any county or city which has had population growth of ten percent or more from the
613
1 next-to-latest to latest decennial census year, based on population reported by the United States
2 Bureau of the Census, provided that until the 1990 census is reported, any county or city instead
3 may qualify only if it has had an estimated population growth of ten percent or more from 1980
4 to the most recent year for which population estimates are available from the Center for Public
5 Service of the University of Virginia; (ii) any city or county adjoining such city or county; (iii)
6 any towns located within such county; and (iv) any county contiguous with at least three such
7 counties, and any town located in that county. Such divisions shall be subject to all requirements
8 of the Code of Virginia and to any requirements imposed by the local governing body.
9 Drafting note: No substantive change in the law. Subsections A and B are
10 relocated from provisions 12 and 13 of old § 15.1-466 (now § 15.2-2241); subsection C is
11 relocated from subsection G of the same section.
12
13 § 15.2-2245. Provisions for periodic partial and final release of certain performance
14 guarantees.
15 14. For A. A subdivision ordinance shall provide for the periodic partial and final
16 complete release of any bond, escrow, letter of credit, or other performance guarantee required
17 by the governing body under this section article within thirty days after receipt of written notice
18 by the subdivider or developer of completion of part or all of any facilities required to be
19 constructed hereunder unless the governing body or its designated administrative agency notifies
20 said the subdivider or developer in writing of nonreceipt of approval by an applicable state
21 agency, or of any specified defects or deficiencies in construction and suggested corrective
22 measures prior to the expiration of the thirty-day period.
23 B. If no such action is taken by the governing body or administrative agency within the
24 time specified above, the request shall be deemed approved, and a partial release granted to the
25 subdivider or developer. No final release shall be granted until after expiration of such thirty-day
26 period and there is an additional request in writing sent by certified mail return receipt to the
27 chief administrative officer of such governing body. The governing body or its designated
28 administrative agency shall act within ten working days of receipt of the request; then if no
29 action is taken the request shall be deemed approved and final release granted to the subdivider
30 or developer.
614
1 C. After receipt of the written notices required above, if the governing body or
2 administrative agency takes no action within the times specified above and the subdivider or
3 developer files suit in the local circuit court to obtain partial or final release of a bond, escrow,
4 letter of credit, or other performance guarantee, as the case may be, the circuit court, upon
5 finding the governing body or its administrative agency was without good cause in failing to act,
6 shall award such subdivider or developer his reasonable costs and attorneys' fees.
7 D. No governing body or administrative agency shall refuse to make a periodic partial or
8 final release of a bond, escrow, letter of credit, or other performance guarantee for any reason not
9 directly related to the specified defects or deficiencies in construction of the facilities covered by
10 said bond, escrow, letter of credit or other performance guarantee.
11 E. Upon written request by the subdivider or developer, the governing body or its
12 designated administrative agency shall be required to make periodic partial releases of such
13 bond, escrow, letter of credit, or other performance guarantee in a cumulative amount equal to no
14 less than ninety percent of the original amount for which the bond, escrow, letter of credit, or
15 other performance guarantee was taken, and may make partial releases to such lower amounts as
16 may be authorized by the governing body or its designated administrative agency based upon the
17 percentage of facilities completed and approved by the governing body, local administrative
18 agency, or state agency having jurisdiction. Periodic partial releases may not occur before the
19 completion of at least thirty percent of the facilities covered by any bond, escrow, letter of credit,
20 or other performance guarantee. The governing body or administrative agency shall not be
21 required to execute more than three periodic partial releases in any twelve-month period. Upon
22 final completion and acceptance of said the facilities, the governing body or administrative
23 agency shall release any remaining bond, escrow, letter of credit, or other performance guarantee
24 to the subdivider or developer. For the purpose of final release, the term "acceptance" is deemed
25 to mean means: when said the public facility is accepted by and taken over for operation and
26 maintenance by the state agency, local government department or agency, or other public
27 authority which is responsible for maintaining and for operating such facility upon acceptance.
28 F. For the purposes of this subsection section, a certificate of partial or final completion
29 of such facilities from either a duly licensed professional engineer or land surveyor, as defined in
30 and limited to § 54.1-400, or from a department or agency designated by the local government
31 locality may be accepted without requiring further inspection of such facilities.
615
1 Drafting note: No substantive change in the law. This section is relocated from
2 provision 14 of old § 15.1-466 (now § 15.2-2241).
3
4 § 15.2-2246. Site plans submitted in accordance with zoning ordinance.
5 Site plans or plans of development which are required to be submitted and approved in
6 accordance with provision 8 of § 15.2-2286 shall be subject to the provisions of §§ 15.2-2241
7 through 15.2-2245, mutatis mutandis.
8 Drafting note: No substantive change in the law. This section was formerly
9 subsection F of § 15.1-466.
10
11 § 15.1-466.01. Solar energy provision in subdivision ordinance.
12 Any county, city or town may provide in its subdivision ordinance for establishing and
13 maintaining access to solar energy to encourage the use of solar heating and cooling devices in
14 new subdivisions. Such provisions shall be applicable to a new subdivision only when so
15 requested by the subdivider.
16 Drafting note: This section is relocated to provision 6 of § 15.2-2242.
17
18 § 15.1-466.1 15.2-2247. Applicability of subdivision ordinance to mobile homes.
19 Any county, city, or town locality may designate by ordinance the areas within its
20 jurisdiction in which mobile homes may be located or mobile home parks may be established,
21 notwithstanding the absence of a zoning ordinance in such county, city, or town locality. Such
22 ordinance may also apply any of the provisions of §§ 15.1-466 15.2-2241 through 15.2-2245 in
23 the regulation and governing of the location, establishment, and operation of mobile homes or
24 mobile home parks. The ordinance may apply to any park or portion thereof licensed as a
25 campground pursuant to Title 35.1 of this Code. In the event of irreconcilable conflict between
26 the ordinance and state law, the state law shall supersede the ordinance.
27 Drafting note: No substantive change in the law.
28
29 § 15.1-467 15.2-2248. Application of certain municipal subdivision regulations beyond
30 corporate limits of municipality.
616
1 The subdivision regulations adopted by a municipality within the counties of Giles,
2 Clarke, Culpeper, Loudoun or Mecklenburg shall apply within the corporate limits and may
3 apply beyond, if the municipal ordinance so provides, within the distance therefrom set out
4 below:
5 (a) 1. Within a distance of five miles from the corporate limits of cities having a
6 population of one hundred thousand or more;
7 (b) 2. Within a distance of three miles from the corporate limits of cities having a
8 population of less than one hundred thousand; and
9 (c) 3. Within a distance of two miles from the corporate limits of incorporated towns.
10 Where the corporate limits of two municipalities are closer together than the sum of the
11 distances from their respective corporate limits as above set forth, the dividing line of
12 jurisdiction shall be halfway between the limits of the overlapping boundaries.
13 The foregoing distances may be modified by mutual agreement between the governing
14 bodies concerned, depending upon their respective areas of interest, provided such modified
15 limits bear a reasonable relationship to natural geographic considerations or to the
16 comprehensive plans for the area. Any such modification shall be set forth in the respective
17 subdivision ordinances, by map or description or both.
18 No such regulations or amendments thereto shall be finally adopted by any such
19 municipality until the governing body of the county in which such area is located shall have been
20 duly notified in writing by the governing body of the municipality or its designated agent of such
21 proposed regulations, and requested to review and approve or disapprove the same; and if such
22 county fail to notify the governing body of such municipality of its disapproval of such plan
23 within forty-five days after the giving of such notice, such plan shall be considered approved.
24 Provided, however, that in any county which has a duly appointed planning commission, the
25 governing body or the council shall send a copy of such proposed regulations or amendments
26 thereof to such commission which shall review and recommend approval or disapproval of the
27 same. The county commission shall not take any such action until notice has been given and a
28 hearing held as prescribed by § 15.1-431 15.2-2204. Such hearing shall be held by the county
29 commission within sixty days after the giving of notice by the municipality or its agent. Such
30 commission shall forthwith after such hearing make its recommendations to the governing body
31 of the county which shall within thirty days after such hearing notify the municipality of its
617
1 approval or disapproval of such regulations and no regulations effective beyond the corporate
2 limits shall be finally adopted by the municipality until notification by the governing body of the
3 county, except that if the county fails to notify the governing body of the municipality of its
4 disapproval of such regulations within ninety days after copy of the regulations or amendments
5 thereof are received by the county commission, the regulations shall be deemed to have been
6 approved.
7 Drafting note: No change. This section is not set out in the Code; however, the
8 Code Commission believes that it should be set out, due to the subject matter.
9
10 § 15.1-468 2249. Application of county subdivision regulations in area subject to
11 municipal jurisdiction.
12 The subdivision regulations adopted by the counties of Giles, Clarke, Culpeper, Loudoun
13 or Mecklenburg shall apply in all the unincorporated territory of the county; provided, that no
14 such regulations to be effective in the area of the county subject to municipal jurisdiction shall be
15 finally adopted by the county until the governing body of the municipality shall have been
16 notified in writing of such proposed regulations, and requested to review and approve or
17 disapprove the same, and if such municipality fails to notify the governing body of the county of
18 its disapproval of such regulations within forty-five days after the giving of such notice, the same
19 shall be considered approved; and provided further, that if the municipality has a duly appointed
20 planning commission, the governing body of the county or its agent shall give such notice to
21 such commission as is required to be given the county planning commission by § 15.1-467
22 15.2-2248, and the provisions of that section shall apply, mutatis mutandis, to the actions of such
23 commission and the governing bodies of the county and city, respectively.
24 Drafting note: No change. This section is not set out in the Code; however, the
25 Code Commission believes that it should be set out, due to the subject matter.
26
27 § 15.1-469 15.2-2250. Disagreement between county and municipality as to regulations.
28 When a disagreement arises between the counties of Giles, Clarke, Culpeper, Loudoun or
29 Mecklenburg and a municipality as to what regulations should be adopted for the area, and such
30 difference cannot be amicably settled, then after ten days' prior written notice by either to the
31 other, either or both parties may petition the circuit court of for the county wherein the area or a
618
1 major part thereof lies to decide what regulations are to be adopted. The court shall hear the
2 matter and enter an appropriate order.
3 Drafting note: No change. This section is not set out in the Code; however, the
4 Code Commission believes that it should be set out, due to the subject matter.
5
6 § 15.1-470 15.2-2251. Local planning commission shall prepare and recommend
7 ordinance; notice and hearing on ordinance.
8 In every county or municipality locality the local planning commission shall prepare and
9 recommend the subdivision ordinance and transmit same it to the governing body. The governing
10 body of every county or municipality locality shall approve and adopt a subdivision ordinance
11 only after a notice of intention so to do has been published, and a public hearing held, in
12 accordance with § 15.1-431 15.2-2204.
13 Drafting note: No substantive change in the law.
14
15 § 15.1-471 15.2-2252. Filing and recording of ordinance and amendments thereto.
16 When a subdivision ordinance has been adopted, or amended, a certified copy of the
17 ordinance and any and all amendments thereto shall be filed in the office of an official of the
18 municipality or county locality, designated in such the ordinance, and in the clerk's office of the
19 circuit court or courts in which deeds are admitted to record of for each county or municipality
20 locality in which such the ordinance is applicable.
21 Drafting note: No substantive change in the law.
22
23 § 15.1-472 15.2-2253. Preparation and adoption of amendments to ordinance.
24 A local planning commission on its own initiative may or at the request of the governing
25 body of the county or municipality locality shall prepare and recommend amendments to the
26 subdivision ordinance. The procedure for such amendment amendments shall be the same as for
27 the preparation and recommendation and approval and adoption of the original ordinance;
28 provided that no such amendment shall be adopted by the governing body of a county or
29 municipality locality without a reference of the proposed amendment to the commission for
30 recommendation, nor until sixty days after such reference, if no recommendation is made by the
31 commission.
619
1 Drafting note: No substantive change in the law.
2
3 § 15.1-473 15.2-2254. Statutory provisions effective after ordinance adopted.
4 After the adoption of a subdivision ordinance in accordance with this chapter, the
5 following provisions shall be effective in the territory to which such the ordinance applies:
6 (a) 1. No person shall subdivide land without making and recording a plat of such the
7 subdivision and without fully complying with the provisions of this article and of such the
8 subdivision ordinance.
9 (b) 2. No such plat of any subdivision shall be recorded unless and until it shall have has
10 been submitted to and approved by the local planning commission or by the governing body or
11 its duly authorized agent, of the county or municipality locality wherein the land to be
12 subdivided is located; or by the commissions, governing bodies or agents, as the case may be, of
13 each county or municipality locality having a subdivision ordinance, in which any part of the
14 land lies.
15 (c) 3. No person shall sell or transfer any land of a subdivision, before such a plat has
16 been duly approved and recorded as provided herein, unless such the subdivision was lawfully
17 created prior to the adoption of a subdivision ordinance applicable thereto, provided, that.
18 However, nothing herein contained shall be construed as preventing the recordation of the
19 instrument by which such land is transferred or the passage of title as between the parties to the
20 instrument.
21 (d) 4. Any person violating the foregoing provisions of this section shall be subject to a
22 fine of not more than $500 for each lot or parcel of land so subdivided or, transferred or sold; and
23 the. The description of such the lot or parcel by metes and bounds in the instrument of transfer or
24 other document used in the process of selling or transferring shall not exempt the transaction
25 from such the penalties or from the remedies herein provided.
26 (e) 5. No clerk of any court shall file or record a plat of a subdivision required by this
27 article to be recorded until such the plat has been approved as required herein; and the. The
28 penalties provided by § 17-59 shall apply to any failure to comply with the provisions of this
29 subsection.
30 Drafting note: No substantive change in the law.
31
620
1 § 15.1-474 15.2-2255. Administration and enforcement of regulations.
2 The administration and enforcement of subdivision regulations insofar as they pertain to
3 public improvements as authorized in §§ 15.1-466 15.2-2241 through 15.2-2245 shall be vested
4 in the governing body of the political subdivision locality in which the improvements are or are
5 to will be located.
6 Except as provided above, the governing body shall be responsible for administering and
7 enforcing the provisions of such the subdivision regulations, through its local planning
8 commission or otherwise.
9 Drafting note: No substantive change in the law.
10
11 § 15.1-474.1 15.2-2256. Procedure to account for fees for common improvements.
12 Upon a verified petition signed by the owners, other than the original subdivider, of ten
13 percent of the lots in any subdivision, the board of directors or other governing body of the
14 subdivision charged with collection of fees and the maintenance of common improvements shall
15 render an annual report with a statement of account of all fees collected and the disposition of all
16 funds derived from any fees assessed for the maintenance of common improvements to the lot
17 owners. The board of directors or other governing body of the subdivision may charge the lot
18 owners for the actual cost of copying the annual report.
19 Drafting note: No change.
20
21 § 15.1-474.2 15.2-2257. Procedure to modify certain covenants in certain counties.
22 Upon a verified petition signed by the owners, other than the original subdivider, of ten
23 percent of the lots in any subdivision heretofore previously recorded, the circuit court of for any
24 county with a 1980 population of more than 27,500 but less than 29,000, in which such
25 subdivision lies, shall have authority to conduct a hearing and modify any and all covenant
26 provisions of any heretofore previously recorded deed of dedication or other document relating
27 to road maintenance fees as to any roads located within the subdivision. Upon receipt of such the
28 petition, the court shall, if all owners of lots within such the subdivision are not before the court,
29 enter an order of publication under the provisions of subdivision 3 of § 8.01-316, making the
30 owners of all lots not owned by petitioners parties to the cause, which shall then be docketed and
31 set for trial on the chancery side of the court. Should the court, after hearing evidence and
621
1 argument of counsel, find that the streets and roads in the subdivision require maintenance in
2 excess of that provided for with the road maintenance funds specified in the covenants to permit
3 emergency vehicles ready access to the residents of the subdivision to ensure the public health,
4 safety, and welfare, the court may increase the fees required for road maintenance to the extent
5 reasonably necessary to permit emergency vehicles ready access to the residents of the
6 subdivision. The funds so collected shall be accounted for as provided in § 15.1-474.1
7 15.2-2256. Nothing herein shall be construed to prohibit the members of a subdivision
8 association from proceeding under the provisions of subsection C of § 55-344.
9 Drafting note: No substantive change in the law. This section should be carried
10 by reference only.
11
12 § 15.1-475 15.2-2258. Plat of proposed subdivision and site plans to be submitted for
13 approval.
14 A. Whenever the owner or proprietor of any tract of land located within any territory to
15 which a subdivision ordinance applies desires to subdivide the same tract, he shall submit a plat
16 of the proposed subdivision to the local planning commission of the county or municipality
17 locality, or an agent designated by the governing body thereof for such purpose. When any part
18 of the land proposed for subdivision lies in a drainage district such fact shall be set forth on the
19 plat of the proposed subdivision. When any grave, object or structure marking a place of burial is
20 located on the land proposed for subdivision, such grave, object or structure shall be identified
21 on any plans or site plans required by this article. When the land involved lies wholly or partly
22 within an area subject to the joint control of more than one political subdivision locality, the plat
23 shall be submitted to the local planning commission or other designated agent of the political
24 subdivision locality in which the tract of land is located. Site plan plans or plans of
25 development required by provision 8 of § 15.1-491 15.2-2286 (h) shall also be subject to the
26 provisions of this section §§ 15.2-2258 through 15.2-2261, mutatis mutandis.
27 Drafting note: No substantive change in the law. § 15.1-475 is split into four
28 sections.
29
30 § 15.2-2259. Local planning commission to act on proposed plat.
622
1 B. 1. A. The local planning commission or other agent shall act on any proposed plat
2 within sixty days after it has been officially submitted for approval by either approving or
3 disapproving such the plat in writing, and giving with the latter specific reasons therefor.
4 Specific reasons for disapproval may be contained in a separate document or may be written on
5 the plat itself. The reasons for disapproval shall identify deficiencies in the plat which cause the
6 disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall
7 generally identify such modifications or corrections as will permit approval of the plat.
8 2. B. If the local commission or other agent fails to approve or disapprove the plat within
9 sixty days after it has been officially submitted for approval, the subdivider, after ten days'
10 written notice to the commission, or agent, may petition the circuit court of for the county or
11 municipality locality in which the land involved, or the major part thereof, is located, to decide
12 whether the plat should or should not be approved. The court shall hear the matter and make and
13 enter such an order with respect thereto as it deems proper, which may include directing approval
14 of the plat.
15 3. C. If a local commission or other agent disapproves a plat and the subdivider contends
16 that such the disapproval was not properly based on the ordinance applicable thereto, or was
17 arbitrary or capricious, he may appeal to the circuit court having jurisdiction of such land and the
18 court shall hear and determine the case as soon as may be, provided that his appeal is filed with
19 the circuit court within sixty days of the written disapproval by such the local commission or
20 other agent.
21 Drafting note: No substantive change in the law. § 15.1-475 is split into four
22 sections.
23
24 § 15.2-2260. Localities may provide for submission of preliminary subdivision plats.
25 C1. A. Nothing in this article shall be deemed to prohibit the local governing body from
26 providing in its ordinance for the submission of preliminary subdivision plats for tentative
27 approval. The local planning commission, or an agent designated by the local commission or the
28 agent designated by the governing body to review preliminary subdivision plats or the local
29 commission shall complete action on such the preliminary plats within sixty days of submission
30 to such agent. However, if approval of a feature or features of the preliminary plat by a state
623
1 agency is necessary, the local commission or agent shall forthwith forward the preliminary plat
2 to the appropriate state agency or agencies for review.
3 2. B. Any state agency making such a review of a plat forwarded to it under this section,
4 including, without limitation, the Virginia Department of Transportation, shall complete its
5 review within forty-five days of receipt of such the preliminary plat. The Virginia Department of
6 Transportation shall allow use of its public rights-of-way for placement of utilities by permit
7 when practical and shall not unreasonably deny plat approval. If a state agency does not approve
8 the plat, it shall comply with the requirements, and be subject to the restrictions, set forth in the
9 second paragraph of this section § 15.2-2259 A (except for with the exception of the time period
10 therein specified). Upon receipt of the approvals from all state agencies, the local agent shall
11 act upon a preliminary plat within thirty-five days.
12 3. C. If a planning commission has the responsibility of review of preliminary plats and
13 conducts a public hearing, it shall act on such the plat within forty-five days after receiving
14 approval from all state agencies. If the local agent or commission does not approve the
15 preliminary plat, the local agent or commission shall set forth in writing the reasons for such
16 denial and shall state what corrections or modifications will permit approval by such agent or
17 commission; provided, however, that. However no local commission or agent shall be required to
18 approve a preliminary subdivision plat in less than sixty days from the date of its original
19 submission to the local commission or agent, and that all actions on preliminary subdivision plats
20 shall be completed by the local agent or commission and, if necessary, state agencies, within a
21 total of ninety days of submission to the local agent or commission.
22 4. D. If the local commission or other agent fails to approve or disapprove the
23 preliminary plat within ninety days after it has been officially submitted for approval, the
24 subdivider after ten days' written notice to the commission, or agent, may petition the circuit
25 court of for the county or municipality locality in which the land involved, or the major part
26 thereof, is located to enter such an order with respect thereto as it deems proper, which may
27 include directing approval of the plat.
28 5. E. If a local commission or other agent disapproves a preliminary plat and the
29 subdivider contends that such the disapproval was not properly based on the ordinance
30 applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court having
31 jurisdiction of such land and the court shall hear and determine the case as soon as may be,
624
1 provided that his appeal is filed with the circuit court within sixty days of the written disapproval
2 by such the local commission or other agent.
3 Drafting note: No substantive change in the law. § 15.1-475 is split into four
4 sections.
5
6 § 15.2-2261. Recorded plats or final site plans to be valid for not less than five years.
7 D. A. An approved final subdivision plat which has been recorded or an approved final
8 site plan, hereinafter referred to as "recorded plat or final site plan," shall be valid for a period of
9 not less than five years from the date of approval thereof or for such longer period as the local
10 planning commission or other agent may, at the time of approval, determine to be reasonable,
11 taking into consideration the size and phasing of the proposed development. A site plan shall be
12 deemed final once it has been reviewed and approved by the locality if the only requirement
13 remaining to be satisfied in order to obtain a building permit is the posting of any bonds and
14 escrows.
15 E. B. 1. Upon application of the subdivider or developer filed prior to expiration of a
16 recorded plat or final site plan, the local planning commission or other agent may grant one or
17 more extensions of such approval for additional periods as the local commission or other agent
18 may, at the time the extension is granted, determine to be reasonable, taking into consideration
19 the size and phasing of the proposed development, the laws, ordinances and regulations in effect
20 at the time of the request for an extension.
21 2. If the local commission or other agent denies an extension requested as provided
22 herein and the subdivider or developer contends that such denial was not properly based on the
23 ordinance applicable thereto, the foregoing considerations for granting an extension, or was
24 arbitrary or capricious, he may appeal to the circuit court having jurisdiction of land subject to
25 the recorded plat or final site plan, provided that such appeal is filed with the circuit court within
26 sixty days of the written denial by the local commission or other agency.
27 F. C. For so long as the final site plan remains valid in accordance with the provisions of
28 this section, or in the case of a recorded plat for five years after approval, no change or
29 amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted
30 subsequent to the date of approval of the recorded plat or final site plan shall adversely affect the
31 right of the subdivider or developer or his successor in interest to commence and complete an
625
1 approved development in accordance with the lawful terms of the recorded plat or site plan
2 unless the change or amendment is required to comply with state law or there has been a mistake,
3 fraud or a change in circumstances substantially affecting the public health, safety or welfare.
4 G. D. Application for minor modifications to recorded plats or final site plans made
5 during the periods of validity of such plats or plans established in accordance with this section
6 shall not constitute a waiver of the provisions hereof nor shall the approval of such minor
7 modifications extend the period of validity of such plats or plans.
8 H. E. The provisions of this section shall be applicable to all recorded plats and final site
9 plans valid on or after January 1, 1992. Nothing contained in subsections D, E, F, G and H of this
10 section shall be construed to affect (i) any litigation concerning the validity of a site plan pending
11 prior to January 1, 1992, or any such litigation nonsuited and thereafter refiled; (ii) the authority
12 of a governing body to impose valid conditions upon approval of any special use permit,
13 conditional use permit or special exception; (iii) the application to individual lots on recorded
14 plats or parcels of land subject to final site plans, to the greatest extent possible, of the provisions
15 of any local ordinance adopted pursuant to the Chesapeake Bay Preservation Act (§ 10.1-2100 et
16 seq.); or (iv) the application to individual lots on recorded plats or parcels of land subject to final
17 site plans of the provisions of any local ordinance adopted to comply with the requirements of
18 the federal Clean Water Act, Section 402 (p.) of the Stormwater Program and regulations
19 promulgated thereunder by the Environmental Protection Agency.
20 Drafting note: No substantive change in the law. Old § 15.1-475 is split into four
21 separate sections.
22
23 § 15.1-476 15.2-2262. Requisites of plat.
24 Every subdivision plat which is intended for recording shall be prepared by a certified
25 professional engineer or land surveyor, who shall endorse upon each such plat a certificate
26 signed by him setting forth the source of title of the owner of the land subdivided and the place
27 of record of the last instrument in the chain of title; when. When the plat is of land acquired from
28 more than one source of title, the outlines of the several tracts shall be indicated upon such the
29 plat. Provided, however, that. However, nothing herein shall be deemed to prohibit the
30 preparation of preliminary studies, plans, or plats of a proposed subdivision by the owner of the
626
1 land, city planners, land planners, architects, landscape architects, or others having training or
2 experience in subdivision planning or design.
3 Drafting note: No substantive change in the law.
4
5 § 15.1-501.1 15.2-2263. Expedited land development review procedure.
6 A. Any county having a population between 80,000 and 90,000 or between 212,000 and
7 216,000 may establish, by ordinance, a separate processing procedure for the review of
8 preliminary and final subdivision and site plans and other development plans certified by
9 licensed professional engineers, architects, certified landscape architects and land surveyors who
10 are also licensed pursuant to § 54.1-408 and recommended for submission by persons who have
11 received special training in such the county's land development ordinances and regulations. The
12 purpose of such the separate review procedure is to provide a procedure to expedite the county's
13 review of certain qualified land development plans. If a separate procedure is established, the
14 county shall establish within the adopted ordinance the criteria for qualification of persons and
15 whose work is eligible to use the separate procedure as well as a procedure for determining if the
16 qualifications are met by persons applying to use the separate procedure. Persons who satisfy
17 the criteria of subsection B below shall qualify as plans examiners. Plans reviewed and
18 recommended for submission by plans examiners and certified by the appropriately licensed
19 professional engineer, architect, certified landscape architect or land surveyor shall qualify for
20 the separate processing procedure.
21 B. The qualifications of those persons who may participate in this program shall
22 include, but not be limited to, the following:
23 1. A bachelor of science degree in engineering, architecture, landscape architecture or
24 related science or equivalent experience or a land surveyor certified pursuant to § 54.1-408.
25 2. Successful completion of an educational program specified by the board county.
26 3. A minimum of two years of land development engineering design experience
27 acceptable to the board county.
28 4. Attendance at continuing educational courses specified by the board county.
29 5. Consistent preparation and submission of plans which meet all applicable ordinances
30 and regulations.
31 The word "board" as used in this subsection shall mean the board of supervisors.
627
1 C. If an expedited review procedure is adopted by the board of supervisors pursuant to
2 the authority granted by this section, the board of supervisors shall establish an advisory plans
3 examiner board which shall make recommendations to the board of supervisors on the general
4 operation of the program, on the general qualifications of those who may participate in the
5 expedited processing procedure, on initial and continuing educational programs needed to
6 qualify and maintain qualification for such a program and on the general administration and
7 operation of such a the program. In addition, the plans examiner board shall submit
8 recommendations to the board of supervisors as to those persons who meet the established
9 qualifications for participation in the program, and the plans examiner board shall submit
10 recommendations as to whether those persons who have previously qualified to participate in the
11 program should be disqualified, suspended or otherwise disciplined. The plans examiner board
12 shall consist of six members who shall be appointed by the board of supervisors for staggered
13 four-year terms. Initial terms may be less than four years so as to provide for staggered terms.
14 The plans examiner board shall consist of three persons in private practice as licensed
15 professional engineers or land surveyors certified pursuant to § 54.1-408, at least one of whom
16 shall be a certified land surveyor; one person employed by the county government; one person
17 employed by the Virginia Department of Transportation who shall serve as a nonvoting advisory
18 member; and one citizen member. All members of the board who serve as licensed engineers or
19 as certified surveyors must maintain their professional license or certification as a condition of
20 holding office, and all such persons shall have at least two years of experience in land
21 development procedures of the county. The citizen member of the board shall meet the
22 qualifications provided in § 54.1-107; provided such member and, notwithstanding the
23 proscription of clause (i) of § 54.1-107, shall have training as an engineer or surveyor and may
24 be currently licensed, certified or practicing his profession.
25 D. The expedited land development program shall include an educational program
26 conducted under the auspices of a state institution of higher education. The instructors in the
27 educational program shall consist of persons in the private and public sectors who are qualified
28 to prepare land development plans. The educational program shall include the comprehensive
29 and detailed study of county ordinances and regulations relating to plans and how they are
30 applied.
628
1 E. The separate processing system may include a review of selected or random aspects
2 of plans rather than a detailed review of all aspects; however, it shall also include a periodic
3 detailed review of plans prepared by persons who qualify for the system.
4 F. In no event shall this section relieve persons who prepare and submit plans of the
5 responsibilities and obligations which they would otherwise have with regard to the preparation
6 of plans, nor shall it relieve the county of its obligation to review other plans in the time periods
7 and manner prescribed by law.
8 Drafting note: No substantive change in the law. This section is relocated from
9 Article 9. The definition for “board” is deleted as unnecessary.
10
11 § 15.1-477 15.2-2264. Statement of consent to subdivision; execution; acknowledgment
12 and recordation; notice to commissioner of the revenue or board of real estate assessors.
13 Every such plat, or deed of dedication to which the plat is attached, shall contain in
14 addition to the professional engineer's or land surveyor's certificate a statement as follows: "The
15 platting or dedication of the following described land (here insert a correct description of the
16 land subdivided) is with the free consent and in accordance with the desire of the undersigned
17 owners, proprietors, and trustees, if any." The statement shall be signed by such persons and duly
18 acknowledged before some an officer authorized to take acknowledgment of deeds. When thus
19 executed and acknowledged, the plat, subject to the provisions herein, shall be filed and recorded
20 in the office of the clerk of the circuit court where deeds are admitted to record for the lands
21 contained in the plat, and indexed in the general index to deeds under the names of the owners of
22 lands signing such the statement, and under the name of the subdivision. Owners shall notify the
23 appropriate commissioner of the revenue of improvements to real property situated in platted
24 subdivisions.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-478 15.2-2265. Recordation of plat as transfer of streets, termination of easements
28 and rights-of-way, etc.
29 The recordation of such a plat shall operate to transfer, in fee simple, to the respective
30 counties or municipalities localities in which the land lies such the portion of the premises
31 platted as is on such the plat set apart for streets, alleys or other public use and to transfer to such
629
1 county or municipality the locality any easement indicated on such the plat to create a public
2 right of passage over the same; land. The recordation of such plat shall operate to transfer to the
3 county or municipality locality, or to such association or public authority as the county or
4 municipality locality may provide, such easements shown on the plat for the conveyance of
5 stormwater, domestic water and sewage, including the installation and maintenance of any
6 facilities utilized for such purposes, as the county or municipality locality may require. Nothing
7 contained in this article shall affect any right of a subdivider of land heretofore validly reserved.
8 The clerk shall index in the name of all the owners of property affected by the recordation in the
9 grantor's index any plat recorded under this section. Nothing in this section shall obligate the
10 county, municipality, locality, association or authority to install or maintain such facilities unless
11 otherwise agreed to by the county, municipality, locality, association or authority.
12 Provided, that where When the authorized officials of a county, town or city locality
13 within which land is located, approve in accordance with the subdivision ordinances of such the
14 county, town or city locality a plat or replat of land therein, then upon the recording of such the
15 plat or replat in the circuit court clerk's office wherein land records are maintained, all
16 rights-of-way, easements or other interest of the county, town or city locality in the land included
17 on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that
18 an interest acquired by the county, town or city locality by condemnation, by purchase for
19 valuable consideration and evidenced by a separate instrument of record, or streets, alleys or
20 easements for public passage subject to the provisions of § 15.1-481 15.2-2271 or § 15.1-482
21 15.2-2272 shall not be affected thereby.
22 Drafting note: No substantive change in the law.
23
24 § 15.1-478.1 15.2-2266. Validation of certain plats recorded before January 1, 1953.
25 Any subdivision plat recorded prior to January 1, 1953, if otherwise valid, is hereby
26 validated and declared effective even though the technical requirements for recordation existing
27 at the time such plat was recorded were not complied with.
28 Drafting note: No change.
29
30 § 15.1-478.2 15.2-2267. Petition to restrict access to certain public streets.
630
1 Notwithstanding the provisions of § 15.1-478 15.2-2265, when the streets in a
2 subdivision have not been accepted into the highway system and serve only, or are primarily for,
3 the general welfare of the inhabitants of such the subdivision and do not serve as a connector to
4 other public rights-of-way, then upon petition to the governing body of the county, city or town
5 locality, signed by the owners of two-thirds of the subdivision lots, including the subdivider, if
6 he has an interest in said the subdivision, in such subdivision requesting that they be allowed to
7 restrict ingress and egress to the subdivision, the governing body may permit such the restriction
8 subject to the following conditions:
9 1. The restriction may be abolished at any time in the sole discretion of the governing
10 body,
11 2. Such The restriction shall not be asserted in opposition to the public ownership,
12 3. The streets shall not be blocked to ingress and egress of government or public service
13 company vehicles,
14 4. Necessary maintenance of such the streets will be paid for by such the owners, and
15 5. Such other conditions as may be imposed by the governing body.
16 Drafting note: No substantive change in the law.
17
18 § 15.1-479 15.2-2268. Municipality or county Localities not obligated to pay for grading,
19 paving, etc.
20 Nothing herein shall be construed as creating an obligation upon any municipality or
21 county locality to pay for grading or paving, or for sidewalks sidewalk, sewers sewer, curb and
22 gutter improvements or construction.
23 Drafting note: No substantive change in the law.
24
25 § 15.1-480 15.2-2269. Plans and specifications for utility fixtures and systems to be
26 submitted for approval.
27 If the owners of any such subdivision desire to construct in, on or under any streets or
28 alleys located in such subdivision any gas, water, sewer or electric light or power works, pipes,
29 wires, fixtures or systems, they shall present plans or specifications therefor to the governing
30 body of the county or municipality locality in which the subdivision is located or its authorized
31 agent, for approval. If the subdivision is located beyond the corporate limits of a municipality but
631
1 within the limits set forth in § 15.1-467 15.2-2248, such plans and specifications shall be
2 presented for approval to the governing body of such municipality, or its authorized agent, if the
3 county has not adopted a subdivision ordinance. The governing body, or agent, shall have thirty
4 days in which to approve or disapprove the same. In event of the failure of any governing body,
5 or its agent, to act within such period, such plans and specifications may be submitted, after ten
6 days' notice to the county or municipality locality, to the judge of the circuit or corporation court
7 having jurisdiction within for such county or city locality for his its approval or disapproval, and
8 his its approval thereof shall, for all purposes of this article be treated and considered as the
9 approval of by the county or municipality locality or its authorized agent.
10 Drafting note: No substantive change in the law.
11
12 § 15.1-480.1 15.2-2270. Vacation of interests granted to the governing body a locality as
13 a condition of site plan approval.
14 Any interest in streets, alleys, easements for public rights of passage, easements for
15 drainage, and easements for a public utility granted to the governing body of a county or
16 municipality locality as a condition of the approval of a site plan may be vacated according to
17 either of the following methods:
18 1. By a duly executed and acknowledged written instrument of the owner of the land
19 which has been or is to be developed in accordance with the site plan, declaring such the interest
20 or interests to be vacated, provided the governing body or authorized agent of the county or
21 municipality locality where the land lies consents to the vacation. The instrument shall be
22 recorded in the same clerk's office wherein is recorded the written instrument describing the
23 interest in real property to be vacated. The execution and recordation of such the instrument
24 shall operate to divest all public rights in, and to reinvest such the owner with the title to the
25 interests which formerly were held by the governing body; or
26 2. By ordinance of the governing body in the county or municipality locality in which the
27 property which is the subject of an approved site plan lies, provided that no interest shall be
28 vacated in an area in which facilities, for which bonding is required pursuant to §§ 15.1-466
29 15.2-2241 through 15.2-2245, have been constructed.
30 Such The ordinance shall not be adopted until after notice has been given as required by §
31 15.1-431 15.2-2204. The notice shall clearly describe the interest of the governing body to be
632
1 vacated by reference to the recorded instrument on which it was created and state the time and
2 place of the meeting of the governing body at which the adoption of the ordinance will be voted
3 upon. Any person may appear at such the meeting for the purpose of objecting to the adoption
4 of the ordinance. An appeal from the adoption of the ordinance may be filed within thirty days of
5 the adoption of the ordinance with the circuit court having jurisdiction of the land over which the
6 governing body's interest is located. Upon such appeal, the court may nullify the ordinance if it
7 finds that the owner of the property, which has been developed or is to be developed in
8 accordance with the approved site plan, will be irreparably damaged. If no appeal from the
9 adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on
10 appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office of any
11 court in which the instrument creating the governing body's interest is recorded.
12 The execution and recordation of such an ordinance of vacation shall operate to destroy
13 the effect of the instrument which created the governing body's interest so vacated and to divest
14 all public rights in and to such the property and vest title in such the streets, alleys, easements for
15 public rights of passage, easements for drainage, and easements for a public utility as may be
16 described in, and in accordance with, the ordinance of vacation.
17 Drafting note: No substantive change in the law.
18
19 § 15.1-481 15.2-2271. Vacation of plat before sale of lot therein; ordinance of vacation.
20 Where no lot has been sold, the recorded plat, or part thereof, may be vacated according
21 to either of the following methods:
22 1. With the consent of the governing body, or its authorized agent, of the county or
23 municipality locality where the land lies, by the owners, proprietors and trustees, if any, who
24 signed the statement required by § 15.1-477 15.2-2264 at any time before the sale of any lot
25 therein, by a written instrument, declaring the same plat to be vacated, duly executed,
26 acknowledged or proved and recorded in the same clerk's office wherein the plat to be vacated is
27 recorded and the execution and recordation of such writing shall operate to destroy the force and
28 effect of the recording of the plat so vacated and to divest all public rights in, and to reinvest
29 such the owners, proprietors and trustees, if any, with the title to the streets, alleys, easements for
30 public passage and other public areas laid out or described in such the plat; or
633
1 2. By ordinance of the governing body of the county or municipality locality in which the
2 property shown on such the plat or part thereof to be vacated lies, provided that no facilities for
3 which bonding is required pursuant to §§ 15.1-466 15.2-2241 through 15.2-2245 have been
4 constructed on such the property and no such facilities have been constructed on any related
5 section of the property located in the subdivision within five years of the date on which the plat
6 was first recorded.
7 Such The ordinance shall not be adopted until after notice has been given as required by §
8 15.1-431 15.2-2204. Said The notice shall clearly describe the plat or portion thereof to be
9 vacated and state the time and place of the meeting of the governing body at which the adoption
10 of the ordinance will be voted upon. Any person may appear at said the meeting for the purpose
11 of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may
12 be filed within thirty days of the adoption of the ordinance with the circuit court having
13 jurisdiction of the land shown on the plat or part thereof to be vacated. Upon such appeal the
14 court may nullify the ordinance if it finds that the owner of the property shown on the plat will
15 be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time
16 above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of
17 vacation may be recorded in the clerk's office of any court in which the plat is recorded.
18 The execution and recordation of such the ordinance of vacation shall operate to destroy
19 the force and effect of the recording of the plat, or any portion thereof, so vacated, and to divest
20 all public rights in and to such the property and reinvest such the owners, proprietors and
21 trustees, if any, with the title to the streets, alleys, and easements for public passage and other
22 public areas laid out or described in such the plat.
23 Drafting note: No substantive change in the law.
24
25 § 15.1-482 15.2-2272. Vacation of plat after sale of lot.
26 In cases where any lot has been sold, the plat or part thereof may be vacated according to
27 either of the following methods:
28 (a) 1. By instrument in writing agreeing to the vacation signed by all the owners of lots
29 shown on the plat and also signed on behalf of the governing body of the county or municipality
30 locality in which the land shown on the plat or part thereof to be vacated lies for the purpose of
31 showing the approval of such the vacation by the governing body. In cases involving drainage
634
1 easements or street rights-of-way where the vacation does not impede or alter drainage or access
2 for any lot owners other than those lot owners immediately adjoining or contiguous to the
3 vacated area, the governing body shall only be required to obtain the signatures of the lot owners
4 immediately adjoining or contiguous to the vacated area. The word "owners" shall not include
5 lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and
6 shall not include any consort of an owner. The instrument of vacation shall be acknowledged in
7 the manner of a deed and filed for record in the clerk's office of any court in which said the plat
8 is recorded.
9 (b) 2. By ordinance of the governing body of the county or municipality locality in which
10 the land shown on the plat or part thereof to be vacated lies on motion of one of its members or
11 on application of any interested person. Such The ordinance shall not be adopted until after
12 notice has been given as required by § 15.1-431 15.2-2204. The notice shall clearly describe the
13 plat or portion thereof to be vacated and state the time and place of the meeting of the governing
14 body at which the adoption of the ordinance will be voted upon. Any person may appear at such
15 the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the
16 adoption of the ordinance may be filed within thirty days with the circuit court having
17 jurisdiction of the land shown on the plat or part thereof to be vacated. Upon such appeal the
18 court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be
19 irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time
20 above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of
21 vacation may be recorded in the clerk's office of any court in which the plat is recorded.
22 Roads within the secondary system of highways may be vacated under either of the
23 preceding methods and such the action will constitute abandonment of the road, provided the
24 land shown on the plat or part thereof to be vacated has been the subject of a rezoning or special
25 exception application approved following public hearings required by § 15.1-431 15.2-2204 and
26 provided the Commonwealth Transportation Commissioner or his agent is notified in writing
27 prior to the public hearing, and provided further that the vacation is necessary in order to
28 implement a proffered condition accepted by the governing body pursuant to §§ 15.1-491 (a),
29 15.1-491.2 or § 15.1-491.2:1 15.2-2297, 15.2-2298 or 15.2-2303 or to implement a condition of
30 special exception approval. All abandonments of roads within the secondary system of highways
31 sought to be effected according to either of the preceding methods before July 1, 1994, are
635
1 hereby validated, notwithstanding any defects or deficiencies in the proceeding; however,
2 property rights which have vested subsequent to the attempted vacation are not impaired by such
3 validation. The manner of reversion shall not be affected by this section.
4 Drafting note: No substantive change in the law.
5
6 § 15.1-482.1 15.2-2273. Fee for processing application under § 15.1-481 15.2-2271 or §
7 15.1-482 15.2-2272 .
8 The governing body of any county or municipality Any locality may prescribe and charge
9 a reasonable fee not exceeding $150 for processing an application pursuant to § 15.1-481
10 15.2-2271 or § 15.1-482 15.2-2272 for the vacating of any plat.
11 Drafting note: No substantive change in the law.
12
13 § 15.1-483 15.2-2274. Effect of vacation under § 15.1-482 15.2-2272.
14 The recordation of the instrument as provided under paragraph (a) provision 1 of §
15 15.1-482 15.2-2272 or of the ordinance as provided under paragraph (b) provision 2 of §
16 15.1-482 15.2-2272 shall operate to destroy the force and effect of the recording of the plat or
17 part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or
18 easements for public passage so vacated in the owners of abutting lots free and clear of any
19 rights of the public or other owners of lots shown on the plat, but subject to the rights of the
20 owners of any public utility installations which have been previously erected therein. If any such
21 street, alley or easement for public passage is located on the periphery of the plat, such the title
22 for the entire width thereof shall vest in such the abutting lot owners. The fee simple title to any
23 portion of the plat so vacated as was set apart for other public use shall be revested in the owners,
24 proprietors and trustees, if any, who signed the statement required by § 15.1-477 15.2-2264 free
25 and clear of any rights of public use in the same.
26 Drafting note: No substantive change in the law.
27
28 § 15.1-483.1 15.2-2275. Vacation Relocation of boundary lines.
29 The governing body of any county, city or town Any locality may provide, as a part of its
30 subdivision ordinance, that the boundary lines of any lot or parcel of land may be relocated or
31 otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or
636
1 resubdivision (i) approved as provided in such the subdivision ordinance or (ii) properly
2 recorded prior to the applicability of a subdivision ordinance, and executed by the owner or
3 owners of such the land as provided in § 15.1-477 15.2-2264, provided such. The action does
4 shall not involve the relocation or alteration of streets, alleys, easements for public passage, or
5 other public areas; and provided further, that no. No easements or utility rights-of-way shall be
6 relocated or altered without the express consent of all persons holding any interest therein.
7 Drafting note: No substantive change in the law.
8
9 § 15.1-484. Vacation of plats recorded before effective date of chapter.
10 Notwithstanding the provisions of this article, any streets, alleys, easements or public
11 places shown on plats of subdivisions recorded in accordance with the provisions of any statute
12 in effect prior to June 29, 1962, may be vacated according to the provisions of any statute in
13 existence on or before June 29, 1962, notwithstanding that such statute may have been, or is
14 subsequently, repealed.
15 Drafting note: Repealed as unnecessary; § 15.2-2278 (§ 15.1-365) governs this
16 situation.
17
18 § 15.1-485 15.2-2276. Duty of clerk when plat vacated.
19 The clerk in whose office any plat so vacated has been recorded shall write in plain
20 legible letters across such plat, or the part thereof so vacated, the word "vacated," and also make
21 a reference on the same plat to the volume and page in which the instrument of vacation is
22 recorded.
23 Drafting note: No substantive change in the law.
24
25 § 15.1-465.1 15.2-2277. Franklin County may require that notice be given to deed
26 grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain
27 streets taken into secondary system.
28 The governing body of Franklin County may by ordinance require that the clerk of the
29 circuit court for the county, when a division of land creates any parcels equal to or greater than
30 five acres, notify every grantee shown on the recorded deed for such parcel (i) that any roads
31 constructed to serve parcels of five acres or more will not be accepted by the Virginia
637
1 Department of Transportation or by the county unless the roads meet applicable subdivision
2 street standards of the Department, and (ii) that neither the Department nor the county will
3 maintain such roads until such time as the roads are brought into compliance with applicable
4 subdivision street standards of the Department in effect at the time and without cost to funds
5 administered by the Department or the county. Such The notice shall be by first class mail to the
6 address shown on the recorded deed.
7 The county shall be deemed to have met the definition of "county" under subsection B of
8 § 33.1-72.1 upon adoption of such ordinance and shall be eligible to have certain streets taken
9 into the secondary system pursuant to § 33.1-72.1 without additional action being necessitated
10 with regard to subdivision ordinances.
11 Drafting note: No substantive change in the law. This section should be carried in
12 the Code by reference only.
13
14 § 15.1-365 15.2-2278. Vacating plat of subdivision.
15 Any plat of subdivision hereafter recorded in any clerk's office, whether or not pursuant
16 to §§ 15.1-465 through 15.1-485 this article, may be vacated in the manner prescribed by §
17 15.1-482 15.2-2272 and the provisions of §§ 15.1-483 15.2-2274 and 15.1-485 15.2-2276 shall
18 be applicable to such vacation.
19 Drafting note: This section is relocated from old Chapter 10.
20
21 § 15.1-29.2 15.2-2279. Ordinances regulating the building of houses and establishing
22 setback lines.
23 Any locality may by ordinance regulate the building of houses in the locality including
24 the adoption of off-street parking requirements, minimum setbacks and side yards and the
25 establishment of minimum lot sizes.
26 The governing body Any locality may require by ordinance require that no building be
27 constructed in such county or town within thirty-five feet of any street or roadway and may
28 provide for exceptions to such requirement whenever a large portion of existing buildings along
29 a section of street or roadway is within thirty-five feet of such street or roadway. The provisions
30 of such an ordinance shall not apply within the limits of any town which has enacted a zoning
31 ordinance or has adopted an ordinance establishing minimum setbacks.
638
1 Drafting note: The first paragraph is relocated from § 15.1-15 and is expanded to
2 include counties. The second paragraph is expanded to include cities. Neither provision
3 is probably of much use to localities since all localities must adopt subdivision ordinances
4 and most localities have adopted zoning ordinances.
5
6 Article 8 7.
7 Zoning.
8
9 § 15.1-486 15.2-2280. Zoning ordinances generally; jurisdiction of counties and
10 municipalities respectively.
11 The governing body of any county or municipality Any locality may, by ordinance,
12 classify the territory under its jurisdiction or any substantial portion thereof into districts of such
13 number, shape and size as it may deem best suited to carry out the purposes of this article, and in
14 each district it may regulate, restrict, permit, prohibit, and determine the following:
15 (a) 1. The use of land, buildings, structures and other premises for agricultural, business,
16 industrial, residential, flood plain and other specific uses;
17 (b) 2. The size, height, area, bulk, location, erection, construction, reconstruction,
18 alteration, repair, maintenance, razing, or removal of structures;
19 (c) 3. The areas and dimensions of land, water, and air space to be occupied by buildings,
20 structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and
21 structures, including variations in the sizes of lots based on whether a public or community water
22 supply or sewer system is available and used; or
23 (d) 4. The excavation or mining of soil or other natural resources.
24 (e) [Repealed.]
25 For the purpose of zoning, the governing body of a county shall have jurisdiction over all
26 the unincorporated territory in the county, and the governing body of a municipality shall have
27 jurisdiction over the incorporated area of the municipality.
28 Drafting note: No substantive change in the law; the last paragraph is moved to a
29 separate section.
30
31 § 15.2-2281. Jurisdiction of localities.
639
1 For the purpose of zoning, the governing body of a county shall have jurisdiction over all
2 the unincorporated territory in the county, and the governing body of a municipality shall have
3 jurisdiction over the incorporated area of the municipality.
4 Drafting note: No substantive change in the law. This section comes from §
5 15.1-486.
6
7 § 15.1-488 15.2-2282. Regulations to be uniform.
8 All such zoning regulations shall be uniform for each class or kind of buildings and uses
9 throughout each district, but the regulations in one district may differ from those in other
10 districts.
11 Drafting note: No substantive change in the law.
12
13 § 15.1-489 15.2-2283. Purpose of zoning ordinances.
14 Zoning ordinances shall be for the general purpose of promoting the health, safety or
15 general welfare of the public and of further accomplishing the objectives of § 15.1-427
16 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to
17 each of the following purposes, where applicable: (i) to provide for adequate light, air,
18 convenience of access, and safety from fire, flood, crime and other dangers; (ii) to reduce or
19 prevent congestion in the public streets; (iii) to facilitate the creation of a convenient, attractive
20 and harmonious community; (iv) to facilitate the provision of adequate police and fire protection,
21 disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools,
22 parks, forests, playgrounds, recreational facilities, airports and other public requirements; (v) to
23 protect against destruction of or encroachment upon historic areas; (vi) to protect against one or
24 more of the following: overcrowding of land, undue density of population in relation to the
25 community facilities existing or available, obstruction of light and air, danger and congestion in
26 travel and transportation, or loss of life, health, or property from fire, flood, panic or other
27 dangers; (vii) to encourage economic development activities that provide desirable employment
28 and enlarge the tax base; (viii) to provide for the preservation of agricultural and forestal lands
29 and other lands of significance for the protection of the natural environment; (ix) to protect
30 approach slopes and other safety areas of licensed airports, including United States government
31 and military air facilities; and (x) to promote the creation and preservation of affordable housing
640
1 suitable for meeting the current and future needs of the locality as well as a reasonable
2 proportion of the current and future needs of the planning district within which the locality is
3 situated. Such ordinance may also include reasonable provisions, not inconsistent with
4 applicable state water quality standards, to protect surface water and ground water as defined in §
5 62.1-255.
6 Drafting note: No change.
7
8 § 15.1-490 15.2-2284. Matters to be considered in drawing and applying zoning
9 ordinances and districts.
10 Zoning ordinances and districts shall be drawn and applied with reasonable consideration
11 for the existing use and character of property, the comprehensive plan, the suitability of property
12 for various uses, the trends of growth or change, the current and future requirements of the
13 community as to land for various purposes as determined by population and economic studies
14 and other studies, the transportation requirements of the community, the requirements for
15 airports, housing, schools, parks, playgrounds, recreation areas and other public services, the
16 conservation of natural resources, the preservation of flood plains, the preservation of
17 agricultural and forestal land, the conservation of properties and their values and the
18 encouragement of the most appropriate use of land throughout the county or municipality
19 locality.
20 Drafting note: No substantive change in the law.
21
22 § 15.1-493 15.2-2285. Preparation and adoption of zoning ordinance and map and
23 amendments thereto; appeal.
24 A. The planning commission of each county or municipality locality may, and at the
25 direction of the governing body shall, prepare a proposed zoning ordinance including a map or
26 maps showing the division of the territory into districts and a text setting forth the regulations
27 applying in each district. The commission shall hold at least one public hearing on such a
28 proposed ordinance or any amendment of an ordinance, after notice as required by § 15.1-431
29 15.2-2204, and may make appropriate changes in the proposed ordinance or amendment as a
30 result of such the hearing. Upon the completion of its work, the commission shall present the
641
1 proposed ordinance or amendment including the district maps to the governing body together
2 with its recommendations and appropriate explanatory materials.
3 B. No zoning ordinance shall be amended or reenacted unless the governing body has
4 referred the proposed amendment or reenactment to the local planning commission for its
5 recommendations. Failure of the commission to report 100 days after the first meeting of the
6 commission after the proposed amendment or reenactment has been referred to the commission,
7 or such shorter period as may be prescribed by the governing body, shall be deemed approval,
8 unless such the proposed amendment or reenactment has been withdrawn by the applicant prior
9 to the expiration of such the time period. In the event of and upon such withdrawal, processing
10 of the proposed amendment or reenactment shall cease without further action as otherwise would
11 be required by this subsection.
12 C. Before approving and adopting any zoning ordinance or amendment thereof, the
13 governing body shall hold at least one public hearing thereon, pursuant to public notice as
14 required by § 15.1-431 15.2-2204, after which the governing body may make appropriate
15 changes or corrections in the ordinance or proposed amendment. In the case of a proposed
16 amendment to the zoning map, such the public notice shall state the general usage and density
17 range of such the proposed amendment and the general usage and density range, if any, set forth
18 in the applicable part of the comprehensive plan. However, no land may be zoned to a more
19 intensive use classification than was contained in the public notice without an additional public
20 hearing after notice required by § 15.1-431 15.2-2204. Such Zoning ordinances shall be enacted
21 in the same manner as all other ordinances.
22 D. The governing body of any Any county which has adopted an urban county
23 executive form of government provided for under Chapter 15 8 (§ 15.1-722 15.2-800 et seq.) of
24 this title may provide by ordinance for use of plans, profiles, elevations, and other such
25 demonstrative materials in the presentation of requests for amendments to the zoning ordinance.
26 E. The adoption or amendment prior to March 1, 1968, of any plan or ordinance under
27 the authority of prior acts shall not be declared invalid by reason of a failure to advertise, give
28 notice or conduct more than one public hearing as may be required by such act or by this chapter,
29 provided a public hearing was conducted by the governing body prior to such the adoption or
30 amendment.
642
1 F. The adoption of a zoning ordinance prior to July 1, 1968, by the board of supervisors
2 of a county having the county executive form of organization and government shall not be
3 declared invalid by reason of a failure by such board to call for and hold an election in such
4 county for approval of such ordinance, provided that the provisions of this section for
5 advertisement and public hearings were complied with. Nothing herein contained shall be
6 construed so as to affect any litigation pending on March 20, 1970.
7 G. F. Every action contesting a decision of the local governing body adopting or failing
8 to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a
9 special exception shall be filed within thirty days of such the decision with the circuit court
10 having jurisdiction of the land affected by the decision. However, nothing in this subsection shall
11 be construed to create any new right to contest the action of a local governing body.
12 Drafting note: No substantive change in the law. Makes clarifying changes and
13 deletes language in subsection F which is no longer needed.
14
15 § 15.1-491 15.2-2286. Permitted provisions in zoning ordinances; amendments.
16 A zoning ordinance may include, among other things, reasonable regulations and
17 provisions as to any or all of the following matters:
18 (a) 1. For variances as defined in § 15.1-430 (p) or special exceptions, as defined in §
19 15.1-430 (i) 15.2-2201, to the general regulations in any district. in cases of unusual situations or
20 to ease the transition from one district to another, or for buildings, structures or uses having
21 special requirements, and for conditional zoning as defined in § 15.1-430 (q) and for the
22 adoption, in counties, or towns, therein which have planning commissions, wherein the urban
23 county executive form of government is in effect, or in a city adjacent to or completely
24 surrounded by such a county, or in a county contiguous to any such county, or in a city adjacent
25 to or completely surrounded by such a contiguous county, or in any town within such contiguous
26 county, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning
27 map of reasonable conditions, in addition to the regulations provided for the zoning district by
28 the ordinance, when such conditions shall have been proffered in writing, in advance of the
29 public hearing before the governing body required by § 15.1-493 by the owner of the property
30 which is the subject of the proposed zoning map amendment. Once proffered and accepted as
31 part of an amendment to the zoning ordinance, such conditions shall continue in effect until a
643
1 subsequent amendment changes the zoning on the property covered by such conditions.
2 However, such conditions shall continue if the subsequent amendment is part of a comprehensive
3 implementation of a new or substantially revised zoning ordinance.
4 (a1) In the event proffered conditions include a requirement for the dedication of real
5 property of substantial value, or substantial cash payments for or construction of substantial
6 public improvements, the need for which is not generated solely by the rezoning itself, then no
7 amendment to the zoning map for the property subject to such conditions, nor the conditions
8 themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning
9 district applicable thereto initiated by the governing body, which eliminate, or materially restrict,
10 reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning
11 district applicable to such property, shall be effective with respect to such property unless there
12 has been mistake, fraud, or a change in circumstances substantially affecting the public health,
13 safety, or welfare.
14 (a2) Any landowner who has prior to July 1, 1990, proffered the dedication of real
15 property of substantial value, or substantial cash payments for or construction of substantial
16 public improvements, the need for which is not generated solely by the rezoning itself, but who
17 has not substantially implemented such proffers prior to July 1, 1990, shall advise the local
18 governing body by certified mail prior to July 1, 1991, that he intends to proceed with the
19 implementation of such proffers. Such notice shall identify the property to be developed, the
20 zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice
21 shall have until July 1, 1995, substantially to implement such proffers, or such later time as the
22 governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the
23 completion of the development of the property. Any landowner who complies with the
24 requirements of this subdivision shall be entitled to the protection against action initiated by the
25 governing body affecting use, floor area ratio, and density set out in subdivision (a1), unless
26 there has been mistake, fraud, or a change in circumstances substantially affecting the public
27 health, safety, or welfare, but any landowner failing to comply with the requirements of this
28 subdivision shall acquire no rights pursuant to this section.
29 (a3) The provisions of subdivisions (a1) and (a2) of this section shall be effective
30 prospectively only, and not retroactively, and shall not apply to any zoning ordinance text
31 amendments which may have been enacted prior to March 10, 1990. Nothing contained herein
644
1 shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation
2 nonsuited and thereafter refiled.
3 Nothing in this section shall be construed to affect or impair the authority of a governing
4 body to: 1. Accept proffered conditions which include provisions for timing or phasing of
5 dedications, payments, or improvements; or 2. Accept or impose valid conditions pursuant to
6 subsection (c) of this section, subsection H of § 15.1-466, or other provision of law.
7 (b) 2. For the temporary application of the ordinance to any property coming into the
8 territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the
9 adoption of the zoning ordinance, and pending the orderly amendment of the ordinance.
10 (c) 3. For the granting of special exceptions under suitable regulations and safeguards;
11 notwithstanding any other provisions of this article, the governing body of any city, county or
12 town locality may reserve unto itself the right to issue such special exceptions. Conditions
13 imposed in connection with residential special use permits, wherein the applicant proposes
14 affordable housing, shall be consistent with the objective of providing affordable housing. When
15 imposing conditions on residential projects specifying materials and methods of construction or
16 specific design features, the approving body shall consider the impact of the conditions upon the
17 affordability of housing.
18 The governing body or the board of zoning appeals of any city with a population between
19 260,000 and 264,000 according to the 1990 United States Census may impose a condition upon
20 any special exception relating to alcoholic beverage control licensees which provides that such
21 special exception will automatically expire upon a change of ownership of the property, a change
22 in possession, a change in the operation or management of a facility or upon the passage of a
23 specific period of time.
24 (d) 4. For the administration and enforcement of the ordinance including the appointment
25 or designation of a zoning administrator who may also hold another office in the county or
26 municipality locality. The zoning administrator shall have all necessary authority on behalf of the
27 governing body to administer and enforce the zoning ordinance. His authority shall include (i)
28 ordering in writing the remedying of any condition found in violation of the ordinance; (ii) to
29 insure insuring compliance with the ordinance, bringing legal action, including injunction,
30 abatement, or other appropriate action or proceeding subject to appeal pursuant to § 15.1-496.1;
31 §15.2-2311; and (iii) in specific cases, making findings of fact and, with concurrence of the
645
1 attorney for the governing body, conclusions of law regarding determinations of rights accruing
2 under § 15.1-492 §15.2-2307. Where provided by ordinance, the zoning administrator may be
3 authorized to grant a variance from any building setback requirement contained in the zoning
4 ordinance if the administrator finds in writing that: (i) the strict application of the ordinance
5 would produce undue hardship; (ii) such hardship is not shared generally by other properties in
6 the same zoning district and the same vicinity; and (iii) the authorization of the variance will not
7 be of substantial detriment to adjacent property and the character of the zoning district will not
8 be changed by the granting of the variance. Prior to the granting of a variance, the zoning
9 administrator shall give, or require the applicant to give, all adjoining property owners written
10 notice of the request for variance, and an opportunity to respond to the request within twenty-one
11 days of the date of the notice. If any adjoining property owner objects to said request in writing
12 within the time specified above, the request shall be transferred to the Board of Zoning Appeals
13 for decision.
14 (e) 5. For the imposition of penalties upon conviction of any violation of the zoning
15 ordinance. Any such violation shall be a misdemeanor punishable by a fine of not less than $10
16 nor more than $1,000.
17 (f) 6. For the collection of fees to cover the cost of making inspections, issuing permits,
18 advertising of notices and other expenses incident to the administration of a zoning ordinance or
19 to the filing or processing of any appeal or amendment thereto.
20 (g) 7. For the amendment of the regulations or district maps from time to time, or for
21 their repeal. Whenever the public necessity, convenience, general welfare, or good zoning
22 practice require, the governing body may by ordinance amend, supplement, or change the
23 regulations, district boundaries, or classifications of property. Any such amendment may be
24 initiated (i) by resolution of the governing body, (ii) by motion of the local planning commission,
25 or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the
26 owner's agent therefor, of the property which is the subject of the proposed zoning map
27 amendment, addressed to the governing body or the local planning commission, who shall
28 forward such petition to the governing body; however, the ordinance may provide for the
29 consideration of proposed amendments only at specified intervals of time, and may further
30 provide that substantially the same petition will not be reconsidered within a specific period, not
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1 exceeding one year. Any such resolution or motion by such governing body or commission
2 proposing the rezoning shall state the above public purposes therefor.
3 In any county having adopted such zoning ordinance, all motions, resolutions or petitions
4 for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made
5 within such reasonable time as may be necessary which shall not exceed twelve months unless
6 the applicant requests or consents to action beyond such period or unless the applicant withdraws
7 his motion, resolution or petition for amendment to the zoning ordinance or map, or both. In the
8 event of and upon such withdrawal, processing of the motion, resolution or petition shall cease
9 without further action as otherwise would be required by this subdivision.
10 (h) 8. For the submission and approval of a plan of development prior to the issuance of
11 building permits to assure compliance with regulations contained in such zoning ordinance.
12 (i) 9. For areas and districts designated for mixed use developments as defined in §
13 15.1-430 (r) and or planned unit developments as defined in § 15.1-430 (s) 15.2-2201.
14 (j) 10. For the administration of incentive zoning as defined in § 15.1-430 (t) 15.2-2201.
15 The ordinance may also provide that petitions brought by property owners, contract
16 purchasers or the agents thereof, shall be sworn to under oath before a notary public or other
17 official before whom oaths may be taken, stating whether or not any member of the local
18 planning commission or governing body has any interest in such property, either individually, by
19 ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust,
20 or the settlor of a revocable trust or whether a member of the immediate household of any
21 member of the planning commission or governing body has any such interest.
22 The ordinance shall not require that a special exception or special use permit be obtained
23 for any production agriculture or silviculture activity in an area that is zoned as an agricultural
24 district or classification. For the purposes of this section, production agriculture and silviculture
25 is the bona fide production or harvesting of agricultural or silviculture products but shall not
26 include the processing of agricultural or silviculture products or the above ground application or
27 storage of sewage sludge. However, localities may adopt setback requirements, minimum area
28 requirements and other requirements that apply to land used for agriculture or silviculture
29 activity within the locality that is zoned as an agricultural district or classification.
30 Drafting note: No substantive change in the law. Superfluous and inaccurate
31 language is deleted in the first paragraph. Material in old provisions (a) through (a3)
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1 related to conditional zoning are relocated to § 15.2-2303. The last two paragraphs are
2 relocated as §§ 15.2-2287 and 15.2-2288.
3
4 § 15.2-2287. Localities may require oath regarding property interest of local officials.
5 The A zoning ordinance may also provide that petitions brought by property owners,
6 contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or
7 other official before whom oaths may be taken, stating whether or not any member of the local
8 planning commission or governing body has any interest in such property, either individually, by
9 ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust,
10 or the settlor of a revocable trust or whether a member of the immediate household of any
11 member of the planning commission or governing body has any such interest.
12 Drafting note: No substantive change in the law. This section is relocated from
13 old § 15.1-491 (now § 15.2-2286).
14
15 § 15.2-2288. Localities may not require a special use permit for certain agricultural
16 activities.
17 The A zoning ordinance shall not require that a special exception or special use permit be
18 obtained for any production agriculture or silviculture activity in an area that is zoned as an
19 agricultural district or classification. For the purposes of this section, production agriculture and
20 silviculture is the bona fide production or harvesting of agricultural or silviculture products but
21 shall not include the processing of agricultural or silviculture products or the above ground
22 application or storage of sewage sludge. However, localities may adopt setback requirements,
23 minimum area requirements and other requirements that apply to land used for agriculture or
24 silviculture activity within the locality that is zoned as an agricultural district or classification.
25 Prior to the initiation of an application for a special exception, special use permit,
26 variance, rezoning or other land use permit, or prior to the issuance of final approval, the
27 authorizing body may require the applicant to produce satisfactory evidence that any delinquent
28 real estate taxes owed to the county, city or town locality which have been properly assessed
29 against the subject property have been paid.
30 Drafting note: No substantive change in the law. This section is relocated from
31 old § 15.1-491 (now § 15.2-2286).
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1
2 § 15.1-486.1 15.2-2289. Certain local governments Localities may provide by ordinance
3 for disclosure of real parties in interest.
4 In addition to the powers granted by this chapter, the governing bodies of the Counties of
5 Arlington, Chesterfield, Dinwiddie, Fairfax, Frederick, Hanover, Loudoun and Powhatan, the
6 Cities of Fairfax and Suffolk and the Towns of Ashland and Leesburg localities may provide by
7 ordinance that the local planning commission, governing body or zoning appeals board may
8 require any applicant for a special exception, or a special use permit, amendment to the zoning
9 ordinance or variance to make complete disclosure of the equitable ownership of the real estate
10 to be affected including, in the case of corporate ownership, the name of stockholders, officers
11 and directors and in any case the names and addresses of all of the real parties of interest;
12 however. However, the requirement of listing names of stockholders, officers and directors
13 shall not apply to a corporation whose stock is traded on a national or local stock exchange and
14 having more than 500 shareholders.
15 Drafting note: SUBSTANTIVE CHANGE; the authority currently granted to
16 twelve localities is expanded to all localities. This section is currently carried in the Code
17 by reference only, but with these amendments, will now have general applicability.
18
19 § 15.1-486.4 15.2-2290. Uniform regulations for manufactured housing.
20 A. Counties, cities, and towns Localities adopting and enforcing zoning ordinances
21 under the provisions of this article shall provide that, in all agricultural zoning districts or
22 districts having similar classifications regardless of name or designation where agricultural,
23 horticultural, or forest uses such as but not limited to those described in § 58.1-3230 are the
24 dominant use, the placement of manufactured houses that are on a permanent foundation and on
25 individual lots shall be permitted, subject to development standards that are equivalent to those
26 applicable to site-built single family dwellings within the same or equivalent zoning district.
27 B. Counties, cities, and towns Localities adopting and enforcing zoning regulations
28 under the provisions of this article may, to provide for the general purposes of zoning
29 ordinances, adopt uniform standards, so long as they apply to all residential structures erected
30 within the agricultural zoning district or other districts identified in subsection A of this section
649
1 incorporating such standards. Such The standards shall not have the effect of excluding
2 manufactured housing.
3 C. Local zoning ordinances adopting provisions consistent with this section shall not
4 relieve lots or parcels from the obligations relating to manufactured housing units imposed by the
5 terms of a restrictive covenant.
6 Drafting note: No substantive change in the law.
7
8 § 15.1-486.3 15.2-2291. Group homes of eight or fewer single-family residence.
9 A. For the purposes of locally adopted zoning Zoning ordinances, for all purposes shall
10 consider a residential facility in which no more than eight mentally ill, mentally retarded, or
11 developmentally disabled persons reside, with one or more resident counselors or other staff
12 persons, shall be considered for all purposes as residential occupancy by a single family. For
13 the purposes of this subsection, mental illness and developmental disability shall not include
14 current illegal use of or addiction to a controlled substance as defined in § 54.1-3401. No
15 conditions more restrictive than those imposed on residences occupied by persons related by
16 blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection,
17 "residential facility" means any group home or other residential facility for which the
18 Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing
19 authority pursuant to this Code.
20 B. For the purposes of locally adopted zoning Zoning ordinances in counties having
21 adopted the county manager plan of government, for all purposes shall consider a residential
22 facility in which no more than eight aged, infirm or disabled persons reside, with one or more
23 resident counselors or other staff persons, shall be considered for all purposes as residential
24 occupancy by a single family. No conditions more restrictive than those imposed on residences
25 occupied by persons related by blood, marriage, or adoption shall be imposed on such facility.
26 For purposes of this subsection, "residential facility" means any group home or residential
27 facility in which aged, infirm or disabled persons reside with one or more resident counselors or
28 other staff persons and for which the Department of Social Services is the licensing authority
29 pursuant to this Code.
30 Drafting note: No substantive change in the law.
31
650
1 § 15.1-486.5 15.2-2292. Zoning provisions for family day homes.
2 A. For the purposes of locally adopted zoning Zoning ordinances, for all purposes shall
3 consider a family day home as defined in § 63.1-195 serving one through five children, exclusive
4 of the provider's own children and any children who reside in the home, shall be considered to
5 be, for all purposes, as residential occupancy by a single family. No conditions more restrictive
6 than those imposed on residences occupied by persons related by blood, marriage, or adoption
7 shall be imposed upon such a home. Nothing in this section shall apply to any county or city
8 which is subject to § 15.1-37.3:12 or § 15.1-687.19 § 15.2-741 or § 15.2-915.
9 B. A local governing body may by ordinance allow a zoning administrator to use an
10 administrative process to issue zoning permits for a family day home as defined in § 63.1-195
11 serving six through twelve children, exclusive of the provider's own children and any children
12 who reside in the home. The ordinance may contain such standards as the local governing body
13 deems appropriate and shall include a requirement that notification be sent by registered or
14 certified letter to the last known address of each adjacent property owner. If the zoning
15 administrator receives no written objection from a person so notified within thirty days of the
16 date of sending the letter and determines that the family day home otherwise complies with the
17 provisions of the ordinance, the zoning administrator may issue the permit sought. The ordinance
18 shall provide a process whereby an applicant for a family day home that is denied a permit
19 through the administrative process may request that its application be considered after a hearing
20 following public notice as provided in § 15.1-431 15.2-2204. The provisions of this subsection
21 shall not prohibit a local governing body from exercising its authority, if at all, under subsection
22 (c) provision 3 of § 15.1-491 15.2-2286.
23 Drafting note: No substantive change in the law.
24
25 § 15.1-491.01 15.2-2293. Airspace subject to zoning ordinances.
26 A. A zoning ordinance shall be applicable to the superjacent airspace of any
27 nonpublic-owned land area.
28 B. Airspace superjacent or subjacent to any public highway, street, lane, alley or other
29 way in this Commonwealth not required for the purpose of travel, or other public use, by the
30 Commonwealth or other political jurisdiction owning same it, shall be subject to the zoning
31 ordinance of the county or municipality locality in which such the airspace is located.
651
1 C. Airspace not provided for in subsection B herein that is superjacent to any land
2 owned by the Commonwealth or other political jurisdiction and occupied by a nonpolitical entity
3 or person shall be subject to the zoning ordinance that would be applicable if the land were
4 owned by a private person.
5 Drafting note: No substantive change in the law.
6
7 § 15.1-491.02 15.2-2294. Airport safety zoning.
8 The governing body of any county, city, or town Every locality (i) in whose jurisdiction a
9 licensed airport or United States government or military air facility is located or (ii) over whose
10 jurisdiction the approach slopes and other safety zones of a licensed airport, including United
11 States government or military air facility extend shall, by ordinance, before July 1, 1991, provide
12 for the regulation of the height of structures and natural growth for the purpose of protecting the
13 safety of air navigation and the public investment in air navigation facilities. Any such The
14 ordinance may be adopted regardless of whether the local governing body has adopted a zoning
15 ordinance applicable to other land uses in the locality. Any such The ordinance may be designed
16 and adopted by the locality as an overlay zone superimposed on any preexisting base zone.
17 The provisions of the airport safety zoning ordinance shall be in compliance with the
18 rules of the Virginia Aviation Board.
19 Drafting note: No substantive change in the law.
20
21 § 15.1-491.03 15.2-2295. Aircraft noise attenuation features in buildings and structures
22 within airport noise zones.
23 The governing body of any county, city or town Any locality in whose jurisdiction, or
24 adjacent jurisdiction, is located a licensed airport or United States government or military air
25 facility, may enforce building regulations relating to the provision or installation of acoustical
26 treatment measures in residential buildings and structures, or portions thereof, for which building
27 permits are issued after January 1, 1995, in areas affected by above average noise levels from
28 aircraft due to their proximity to flight operations at nearby airports. In establishing such the
29 regulations, the governing body locality may adopt one or more noise overlay zones as an
30 amendment to its zoning map and may establish different measures to be provided or installed
31 within each zone, taking into account the severity of the impact of aircraft noise upon such
652
1 buildings and structures within each zone. Any such regulations or amendments to a zoning map
2 shall provide a process for reasonable notice to affected property owners. Any regulations or
3 amendments to a zoning map shall be adopted in accordance with this chapter. A statement shall
4 be placed on all subdivision plots and site plans approved after January 1, 1995, giving notice
5 that a parcel of real property either partially or wholly lies within an airport noise overlay zone.
6 No existing use of property which is affected by the adoption of such regulations or amendments
7 to a zoning map shall be considered a nonconforming use solely because of such the regulations
8 or amendments. The provisions of this section shall not affect any local aircraft noise attenuation
9 regulations or ordinances adopted prior to the effective date of this act, and such regulations and
10 ordinances may be amended provided such the amendments shall not alter building materials,
11 construction methods, plan submission requirements or inspection practices specified in the
12 Virginia Uniform Statewide Building Code.
13 Drafting note: No substantive change in the law.
14
15 § 15.1-491.1 15.2-2296. Conditional zoning; declaration of legislative policy and
16 findings; purpose.
17 It is the general policy of the Commonwealth in accordance with the provisions of §
18 15.1-489 15.2-2283 to provide for the orderly development of land, for all purposes, through
19 zoning and other land development legislation. Frequently, where competing and incompatible
20 uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more
21 flexible and adaptable zoning methods are needed to permit differing land uses and the same
22 time to recognize effects of change. It is the purpose of §§ 15.1-491.1 15.2-2296 through
23 15.1-491.4 15.2-2300 to provide a more flexible and adaptable zoning method to cope with
24 situations found in such zones through conditional zoning, whereby a zoning reclassification
25 may be allowed subject to certain conditions proffered by the zoning applicant for the protection
26 of the community that are not generally applicable to land similarly zoned. The exercise of
27 authority granted pursuant to §§ 15.2-2296 through 15.2-2302 shall not be construed to limit or
28 restrict powers otherwise granted to any locality, nor to affect the validity of any ordinance
29 adopted by any such locality which would be valid without regard to this section. The provisions
30 of this section and the following five six sections shall not be used for the purpose of
31 discrimination in housing.
653
1 Drafting note: No substantive change in the law; the new sentence sets out a
2 portion of the second enactment clause of Chapter 320 of the Acts of Assembly of 1978.
3 The remainder of the enactment clause is located in § 15.2-2303 F.
4
5 § 15.1-491.2 15.2-2297. Same; conditions as part of a rezoning or amendment to zoning
6 map.
7 A. A zoning ordinance may include and provide for the voluntary proffering in writing,
8 by the owner, of reasonable conditions, prior to a public hearing before the governing body, in
9 addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a
10 rezoning or amendment to a zoning map; provided that (i) the rezoning itself must give rise for
11 the need for the conditions; (ii) such the conditions shall have a reasonable relation to the
12 rezoning; (iii) such the conditions shall not include a cash contribution to the county or
13 municipality locality; (iv) such the conditions shall not include mandatory dedication of real or
14 personal property for open space, parks, schools, fire departments or other public facilities not
15 otherwise provided for in subdivision A (f) of § 15.1-466 15.2-2241; (v) such the conditions
16 shall not include payment for or construction of off-site improvements except those provided for
17 in subdivision A (j) of § 15.1-466 15.2-2241; (vi) no condition shall be proffered that is not
18 related to the physical development or physical operation of the property; and (vii) all such
19 conditions shall be in conformity with the comprehensive plan as defined in § 15.1-446.1
20 15.2-2223. Once proffered and accepted as part of an amendment to the zoning ordinance, such
21 the conditions shall continue in effect until a subsequent amendment changes the zoning on the
22 property covered by such the conditions;. however, such However, the conditions shall continue
23 if the subsequent amendment is part of a comprehensive implementation of a new or
24 substantially revised zoning ordinance.
25 B. In the event proffered conditions include a requirement for the dedication of real
26 property of substantial value or construction of substantial public improvements, the need for
27 which is not generated solely by the rezoning itself, then no amendment amendments to the
28 zoning map for the property subject to such conditions, nor the conditions themselves, nor any
29 amendments to the text of the zoning ordinance with respect to the zoning district applicable
30 thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify
31 the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to
654
1 such property, shall be effective with respect to such property unless there has been mistake,
2 fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.
3 C. Any landowner who has prior to July 1, 1990, proffered the dedication of real
4 property of substantial value or construction of substantial public improvements, the need for
5 which is not generated solely by the rezoning itself, but who has not substantially implemented
6 such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior
7 to July 1, 1991, that he intends to proceed with the implementation of such proffers. Such The
8 notice shall identify the property to be developed, the zoning district, and the proffers applicable
9 thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995,
10 substantially to implement such the proffers, or such later time as the governing body may allow.
11 Thereafter, the landowner in good faith shall diligently pursue the completion of the
12 development of the property.
13 Any landowner who complies with the requirements of this subsection shall be entitled to
14 the protection against action initiated by the governing body affecting use, floor area ratio, and
15 density set out in subsection B, unless there has been mistake, fraud, or a change in
16 circumstances substantially affecting the public health, safety, or welfare, but any landowner
17 failing to comply with the requirements of this subsection shall acquire no rights pursuant to this
18 section.
19 D. The provisions of subsections B and C of this section shall be effective prospectively
20 only, and not retroactively, and shall not apply to any zoning ordinance text amendments which
21 may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to
22 affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter
23 refiled.
24 Nothing in this section shall be construed to affect or impair the authority of a governing
25 body to:
26 1. Accept proffered conditions which include provisions for timing or phasing of
27 dedications, payments, or improvements; or
28 2. Accept or impose valid conditions pursuant to subsection (c) provision 3 of § 15.1-491
29 15.2-2286 or other provision of law.
30 Drafting note: No substantive change in the law.
31
655
1 § 15.1-491.2:1 15.2-2298. Same; additional conditions as a part of rezoning or zoning
2 map amendment in certain high-growth localities.
3 A. Except for those localities to which § 15.1-491(a) 15.2-2303 is applicable, this
4 section shall apply to (i) any county, city, or town locality which has had population growth of
5 ten percent or more from the next-to-latest to latest decennial census year, based on population
6 reported by the United States Bureau of the Census, provided that until the 1990 census is
7 reported, any county, city, or town instead may qualify only if it has had an estimated population
8 growth of ten percent or more from 1980 to the most recent year for which population estimates
9 are available from the Center for Public Service of the University of Virginia; (ii) any city
10 adjoining such city or county; (iii) any towns located within such county; and (iv) any county
11 contiguous with at least three such counties, and any town located in that county.
12 In any such county, city, or town locality, notwithstanding any contrary provisions of §
13 15.1-491.2 15.2-2297, a zoning ordinance may include and provide for the voluntary proffering
14 in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing
15 body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a
16 part of a rezoning or amendment to a zoning map, provided that (i) the rezoning itself gives rise
17 to the need for the conditions; (ii) such the conditions have a reasonable relation to the rezoning;
18 and (iii) all such conditions are in conformity with the comprehensive plan as defined in §
19 15.1-446.1 15.2-2223. Once proffered and accepted as part of an amendment to the zoning
20 ordinance, such the conditions shall continue in effect until a subsequent amendment changes the
21 zoning on the property covered by such the conditions; however, such the conditions shall
22 continue if the subsequent amendment is part of a comprehensive implementation of a new or
23 substantially revised zoning ordinance.
24 No proffer shall be accepted by a county, city, or town locality unless it has adopted a
25 capital improvement program pursuant to § 15.1-464 15.2-2239 or local charter. In the event
26 proffered conditions include the dedication of real property or payment of cash, such the
27 property shall not transfer and such the payment of cash shall not be made until the facilities for
28 which such the property is dedicated or cash is tendered are included in the capital improvement
29 program, provided that nothing herein shall prevent a county, city, or town locality from
30 accepting proffered conditions which are not normally included in such a capital improvement
31 program. If proffered conditions include the dedication of real property or the payment of cash,
656
1 the proffered conditions shall provide for the disposition of such the property or cash payment in
2 the event the property or cash payment is not used for the purpose for which proffered.
3 B. In the event proffered conditions include a requirement for the dedication of real
4 property of substantial value, or substantial cash payments for or construction of substantial
5 public improvements, the need for which is not generated solely by the rezoning itself, then no
6 amendment to the zoning map for the property subject to such conditions, nor the conditions
7 themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning
8 district applicable thereto initiated by the governing body, which eliminate, or materially restrict,
9 reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning
10 district applicable to such the property, shall be effective with respect to such the property unless
11 there has been mistake, fraud, or a change in circumstances substantially affecting the public
12 health, safety, or welfare.
13 C. Any landowner who has prior to July 1, 1990, proffered the dedication of real
14 property of substantial value, or substantial cash payments for or construction of substantial
15 public improvements, the need for which is not generated solely by the rezoning itself, but who
16 has not substantially implemented such proffers prior to July 1, 1990, shall advise the local
17 governing body by certified mail prior to July 1, 1991, that he intends to proceed with the
18 implementation of such proffers. Such The notice shall identify the property to be developed,
19 the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such
20 notice shall have until July 1, 1995, substantially to implement such the proffers, or such later
21 time as the governing body may allow. Thereafter, the landowner in good faith shall diligently
22 pursue the completion of the development of the property. Any landowner who complies with
23 the requirements of this subsection shall be entitled to the protection against action initiated by
24 the governing body affecting use, floor area ratio, and density set out in subsection B above,
25 unless there has been mistake, fraud, or a change in circumstances substantially affecting the
26 public health, safety, or welfare, but any landowner failing to comply with the requirements of
27 this subsection shall acquire no rights pursuant to this section.
28 D. The provisions of subsections B and C of this section shall be effective prospectively
29 only, and not retroactively, and shall not apply to any zoning ordinance text amendments which
30 may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to
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1 affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter
2 refiled.
3 Nothing in this section shall be construed to affect or impair the authority of a governing
4 body to:
5 1. Accept proffered conditions which include provisions for timing or phasing of
6 dedications, payments, or improvements; or
7 2. Accept or impose valid conditions pursuant to subsection (c) provision 3 of § 15.1-491
8 15.2-2286 or other provision of law.
9 Drafting note: No substantive change in the law.
10
11 § 15.1-491.3 15.2-2299. Same; enforcement and guarantees.
12 The zoning administrator shall be is vested with all necessary authority on behalf of the
13 governing body of the county or municipality locality to administer and enforce conditions
14 attached to a rezoning or amendment to a zoning map, including (i) the ordering in writing of the
15 remedy of any noncompliance with such the conditions; (ii) the bringing of legal action to insure
16 compliance with such the conditions, including injunction, abatement, or other appropriate action
17 or proceeding; and (iii) requiring a guarantee, satisfactory to the governing body, in an amount
18 sufficient for and conditioned upon the construction of any physical improvements required by
19 the conditions, or a contract for the construction of such the improvements and the contractor's
20 guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by
21 the governing body, or agent thereof, upon the submission of satisfactory evidence that
22 construction of such the improvements has been completed in whole or in part. Failure to meet
23 all conditions shall constitute cause to deny the issuance of any of the required use, occupancy,
24 or building permits, as may be appropriate.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-491.4 15.2-2300. Same; records.
28 The zoning map shall show by an appropriate symbol on the map the existence of
29 conditions attaching to the zoning on the map. The zoning administrator shall keep in his office
30 and make available for public inspection a Conditional Zoning Index. The Index shall provide
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1 ready access to the ordinance creating conditions in addition to the regulations provided for in a
2 particular zoning district or zone.
3 Drafting note: No change.
4
5 § 15.1-491.5 15.2-2301. Same; petition for review of decision.
6 Any zoning applicant or any other person who is aggrieved by a decision of the zoning
7 administrator made pursuant to the provisions of § 15.1-491.3 15.2-2299 may petition the
8 governing body for the review of the decision of the zoning administrator. All such petitions for
9 review shall be filed with the zoning administrator and with the clerk of the governing body
10 within thirty days from the date of the decision for which review is sought, and such petitions
11 shall specify the grounds upon which the petitioner is aggrieved.
12 Drafting note: No substantive change in the law.
13
14 § 15.1-491.6 15.2-2302. Same; amendments and variations of conditions.
15 There shall be no amendment or variation of conditions created pursuant to the provisions
16 of § 15.1-491.2 15.2-2297 until after a public hearing before the governing body advertised
17 pursuant to the provisions of § 15.1-431 15.2-2204.
18 Drafting note: No change.
19
20 § 15.2-2303. Conditional zoning in certain localities.
21 A. A zoning ordinance may include reasonable regulations and provisions for
22 conditional zoning as defined in § 15.1-430 (q) 15.2-2201 and for the adoption, in counties, or
23 towns, therein which have planning commissions, wherein the urban county executive form of
24 government is in effect, or in a city adjacent to or completely surrounded by such a county, or in
25 a county contiguous to any such county, or in a city adjacent to or completely surrounded by
26 such a contiguous county, or in any town within such contiguous county, and in the counties east
27 of the Chesapeake Bay as a part of an amendment to the zoning map of reasonable conditions, in
28 addition to the regulations provided for the zoning district by the ordinance, when such
29 conditions shall have been proffered in writing, in advance of the public hearing before the
30 governing body required by § 15.1-493 15.2-2285 by the owner of the property which is the
31 subject of the proposed zoning map amendment. Once proffered and accepted as part of an
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1 amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent
2 amendment changes the zoning on the property covered by such conditions. However, such
3 conditions shall continue if the subsequent amendment is part of a comprehensive
4 implementation of a new or substantially revised zoning ordinance.
5 (a1) B. In the event proffered conditions include a requirement for the dedication of real
6 property of substantial value, or substantial cash payments for or construction of substantial
7 public improvements, the need for which is not generated solely by the rezoning itself, then no
8 amendment to the zoning map for the property subject to such conditions, nor the conditions
9 themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning
10 district applicable thereto initiated by the governing body, which eliminate, or materially restrict,
11 reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning
12 district applicable to such property, shall be effective with respect to such property unless there
13 has been mistake, fraud, or a change in circumstances substantially affecting the public health,
14 safety, or welfare.
15 (a2) C. Any landowner who has prior to July 1, 1990, proffered the dedication of real
16 property of substantial value, or substantial cash payments for or construction of substantial
17 public improvements, the need for which is not generated solely by the rezoning itself, but who
18 has not substantially implemented such proffers prior to July 1, 1990, shall advise the local
19 governing body by certified mail prior to July 1, 1991, that he intends to proceed with the
20 implementation of such proffers. Such notice shall identify the property to be developed, the
21 zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice
22 shall have until July 1, 1995, substantially to implement such proffers, or such later time as the
23 governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the
24 completion of the development of the property. Any landowner who complies with the
25 requirements of this subdivision subsection shall be entitled to the protection against action
26 initiated by the governing body affecting use, floor area ratio, and density set out in subdivision
27 (a1) subsection B, unless there has been mistake, fraud, or a change in circumstances
28 substantially affecting the public health, safety, or welfare, but any landowner failing to comply
29 with the requirements of this subdivision shall acquire no rights pursuant to this section.
30 (a3) D. The provisions of subdivisions (a1) Subsections B and (a2) C of this section shall
31 be effective prospectively only, and not retroactively, and shall not apply to any zoning
660
1 ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing
2 contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any
3 such litigation nonsuited and thereafter refiled.
4 E. Nothing in this section shall be construed to affect or impair the authority of a
5 governing body to: 1. Accept (i) accept proffered conditions which include provisions for
6 timing or phasing of dedications, payments, or improvements; or 2. Accept (ii) accept or impose
7 valid conditions pursuant to subsection (c) provision 3 of this section § 15.2-2286, subsection H
8 provision 5 of § 15.1-466 15.2-2242, or other provision of law.
9 F. In addition to the powers granted by the preceding subsections, a zoning ordinance
10 may include reasonable regulations to implement, in whole or in part, the provisions of §§
11 15.2-2296 through 15.2-2302.
12 Drafting note: No substantive change in the law; relocated from provisions (a)
13 through (a3) of § 15.1-491 (§ 15.2-2286). Subsection F sets out a portion of the second
14 enactment clause of Chapter 320 of the Acts of Assembly of 1978. The remainder of the
15 enactment clause is located in § 15.2-2296.
16
17 § 15.1-491.8 15.2-2304. Affordable dwelling unit ordinances in certain counties.
18 In furtherance of the purpose of providing affordable shelter for all residents of the
19 Commonwealth, the governing bodies of counties where the urban county executive form of
20 government is in effect, may by amendment to the zoning ordinances of such county provide for
21 an affordable housing dwelling unit program. Such The program shall address housing needs,
22 promote a full range of housing choices, and encourage the construction and continued existence
23 of moderately priced housing by providing for optional increases in density in order to reduce
24 land costs for such moderately priced housing.
25 Any local ordinance of any other locality providing optional increases in density for
26 provision of low and moderate income housing adopted before December 31, 1988, shall
27 continue in full force and effect.
28 Drafting note: No substantive change in the law.
29
30 § 15.1-491.9 15.2-2305. Affordable dwelling unit ordinances.
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1 A. In furtherance of the purpose of providing affordable shelter for all residents of the
2 Commonwealth, the governing body of any county, other than a county organized under the
3 urban county executive form of government, city or town may by amendment to the zoning
4 ordinances of such county, city or town locality provide for an affordable housing dwelling unit
5 program. Such program shall address housing needs, promote a full range of housing choices,
6 and encourage the construction and continued existence of moderately priced housing by
7 providing for optional increases in density in order to reduce land costs for such moderately
8 priced housing. Any local ordinance of any locality providing optional increases in density for
9 provision of low and moderate income housing adopted before December 31, 1988, shall
10 continue in full force and effect. Any local ordinance may authorize the governing body to (i)
11 establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market
12 conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines,
13 and (iii) offer incentives other than density increases, such as reductions or waiver of permit,
14 development, and infrastructure fees, as the governing body deems appropriate to encourage the
15 provision of affordable housing. Counties organized under the urban county executive form of
16 government shall be governed by the provisions of § 15.1-491.8 15.2-2304 for purposes of the
17 adoption of an affordable dwelling unit ordinance.
18 B. A zoning ordinance establishing an affordable housing dwelling unit program may
19 include, among other things, reasonable regulations and provisions as to any or all of the
20 following:
21 1. For a definition of affordable housing and affordable dwelling units.
22 2. For application of the requirements of an affordable housing dwelling unit program to
23 any site, as defined by the county, city or town locality, or a portion thereof at one location
24 which is the subject of an application for rezoning or special exception or, at the discretion of the
25 local governing body, site plan or subdivision plat which yields, as submitted by the applicant,
26 fifty or more dwelling units at an equivalent density greater than one unit per acre and which is
27 located within an approved sewer area.
28 3. For an increase of up to twenty percent in the developable density of each site subject
29 to the ordinance and for a provision requiring up to twelve and one-half percent of the total units
30 approved, including the optional density increase, to be affordable dwelling units, as defined in
31 the ordinance. In the event a twenty percent increase is not achieved, the percentage of
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1 affordable dwelling units required shall maintain the same ratio of twenty percent to twelve and
2 one-half percent.
3 4. For increases by up to twenty percent of the density or of the lower and upper end of
4 the density range set forth in the comprehensive plan of such county, city or town locality
5 applicable to rezoning and special exception applications that request approval of single family
6 detached dwelling units or single family attached dwelling units, when such applications are
7 approved after the effective date of a local affordable housing zoning ordinance amendment.
8 5. For a requirement that not less than twelve and one-half percent of the total number of
9 dwelling units approved pursuant to a zoning ordinance amendment enacted pursuant to
10 subdivision B 4 of this section shall be affordable dwelling units, as defined by the local zoning
11 ordinance unless reduced by the twenty to twelve and one-half percent ratio pursuant to
12 subdivision B 3 of this section.
13 6. For increases by up to ten percent of the density or of the lower and upper end of the
14 density range, whichever is appropriate, set forth in the comprehensive plan of such county, city
15 or town locality applicable to rezoning and special exception or, at the discretion of the local
16 governing body, site plan and subdivision plat applications that request approval of nonelevator
17 multiple family dwelling unit structures four stories or less in height when such applications are
18 approved after the effective date of a local affordable housing zoning ordinance. However, at the
19 option of the applicant, the provision pursuant to subdivision B 4 shall apply.
20 7. For a requirement that not less than six and one-quarter percent of the total number of
21 dwelling units approved pursuant to a zoning ordinance amendment enacted pursuant to
22 subdivision B 6 of this section shall be affordable dwelling units, as defined in the local zoning
23 ordinance. In the event a ten percent increase is not achieved, the percentage of affordable
24 dwelling units required shall maintain the same ratio of ten percent to six and one-quarter
25 percent.
26 8. For reasonable regulations requiring the affordable dwelling units to be built and
27 offered for sale or rental concurrently with the construction and certificate of occupancy of a
28 reasonable proportion of the market rate units.
29 9. For standards of compliance with the provisions of an affordable housing dwelling unit
30 program and for the authority of the local governing body or its designee to enforce compliance
31 with such standards and impose reasonable penalties for noncompliance, provided that a local
663
1 zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local
2 governing body.
3 C. Nothing contained in this section shall apply to any elevator structure four stories or
4 above.
5 D. Any ordinance adopted hereunder shall provide that the local governing body shall
6 have no more than 280 days in which to process site or subdivision plans proposing the
7 development or construction of affordable housing or affordable dwelling units under such
8 ordinance. The calculation of such period of review shall include only the time that plans are in
9 review by the local governing body and shall not include such time as may be required for
10 revision or modification in order to comply with lawful requirements set forth in applicable
11 ordinances and regulations.
12 E. A county, city, or town locality establishing an affordable housing dwelling unit
13 program in its zoning ordinance shall establish in its general ordinances, adopted in accordance
14 with the requirements of § 15.1-504 15.2-1427 B, reasonable regulations and provisions as to
15 any or all of the following:
16 1. For administration and regulation by a local housing authority or by the local
17 governing body or its designee of the sale and rental of affordable units.
18 2. For a local housing authority or local governing body or its designee to have an
19 exclusive right to purchase up to one-third of the for-sale affordable housing dwelling units
20 within a development within ninety days of a dwelling unit being completed and ready for
21 purchase, provided that the remaining two-thirds of such units be offered for sale exclusively for
22 a ninety-day period to persons who meet the income criteria established by the local housing
23 authority or local governing body or the latter's designee.
24 3. For a local housing authority or local governing body or its designee to have an
25 exclusive right to lease up to a specified percentage of the rental affordable dwelling units within
26 a development within a controlled period determined by the housing authority or local governing
27 body or its designee, provided that the remaining for-rental affordable dwelling units within a
28 development be offered to persons who meet the income criteria established by the local housing
29 authority or local governing body or its designee.
30 4. For the establishment of jurisdiction-wide affordable dwelling unit sales prices by the
31 local housing authority or local governing body or the latter's designee, initially and adjusted
664
1 semiannually, based on a determination of all ordinary, necessary and reasonable costs required
2 to construct the affordable dwelling unit prototype dwellings by private industry after
3 considering written comment by the public, local housing authority or advisory body to the local
4 governing body, and other information such as the area's current general market and economic
5 conditions, provided that sales prices not include the cost of land, on-site sales commissions and
6 marketing expenses, but may include, among other costs, builder-paid permanent mortgage
7 placement costs and buy-down fees and closing costs except prepaid expenses required at
8 settlement.
9 5. For the establishment of jurisdiction-wide affordable dwelling unit rental prices by a
10 local housing authority or local governing body or its designee, initially and adjusted
11 semiannually, based on a determination of all ordinary, necessary and reasonable costs required
12 to construct and market the required number of affordable dwelling rental units by private
13 industry in the area, after considering written comment by the public, local housing authority, or
14 advisory body to the local governing body, and other information such as the area's current
15 general market and economic conditions.
16 6. For a requirement that the prices for resales and rerentals be controlled by the local
17 housing authority or local governing body or designee for a period of fifty years after the initial
18 sale or rental transaction for each affordable dwelling unit, provided that the ordinance further
19 provide for reasonable rules and regulations to implement a price control provision.
20 7. For establishment of an affordable dwelling unit advisory board which shall, among
21 other things, advise the jurisdiction on sales and rental prices of affordable dwelling units; advise
22 the housing authority or local governing body or its designees on requests for modifications of
23 the requirements of an affordable dwelling unit program; adopt regulations concerning its
24 recommendations of sales and rental prices of affordable dwelling units; and adopt procedures
25 concerning requests for modifications of an affordable housing dwelling unit program. Members
26 of the board, to be ten in number and to be appointed by the governing body, shall be qualified as
27 follows: two members shall be either civil engineers or architects, each of whom shall be
28 registered or certified with the relevant agency of the Commonwealth, or planners, all of whom
29 shall have extensive experience in practice in the county, city, or town locality; one member
30 shall be a real estate salesperson or broker, licensed in accordance with Chapter 21 (§ 54.1- 2100
31 et seq.) of Title 54.1; one member shall be a representative of a lending institution which
665
1 finances residential development in the county, city, or town locality; four members shall consist
2 of a representative from a local housing authority or local governing body or its designee, a
3 residential builder with extensive experience in producing single-family detached and attached
4 dwelling units, a residential builder with extensive experience in producing multiple-family
5 dwelling units, and a representative from either the public works or planning department of the
6 county, city, or town locality; one member may be a representative of a nonprofit housing
7 organization which provides services in the county, city, or town locality; and one citizen of the
8 county, city, or town locality. At least four members of the advisory board shall be employed in
9 the county, city, or town locality.
10 8. The sales and rental price for affordable dwelling units within a development shall be
11 established such that the owner/applicant shall not suffer economic loss as a result of providing
12 the required affordable dwelling units. "Economic loss" for sales units means that result when
13 the owner or applicant of a development fails to recoup the cost of construction and certain
14 allowances as may be determined by the designee of the governing body for the affordable
15 dwelling units, exclusive of the cost of land acquisition and cost voluntarily incurred but not
16 authorized by the ordinance, upon the sale of an affordable dwelling unit.
17 Drafting note: No substantive change in the law.
18
19 § 15.1-503.2 15.2-2306. Preservation of historical sites and architectural areas in counties
20 and municipalities.
21 A. 1. The governing body of any county or municipality Any locality may adopt an
22 ordinance setting forth the historic landmarks within the county or municipality locality as
23 established by the Virginia Board of Historic Resources, and any other buildings or structures
24 within the county or municipality locality having an important historic, architectural,
25 archaeological or cultural interest, any historic areas within the county or municipality locality as
26 defined by § 15.1-430 (b) 15.2-2201, and areas of unique architectural value located within
27 designated conservation, rehabilitation or redevelopment districts, amending the existing zoning
28 ordinance and delineating one or more historic districts, adjacent to such landmarks, buildings
29 and structures, or encompassing such areas, or encompassing parcels of land contiguous to
30 arterial streets or highways (as designated pursuant to Title 33.1, including § 33.1-41.1 of that
31 title) found by the governing body to be significant routes of tourist access to the county or
666
1 municipality locality or to designated historic landmarks, buildings, structures or districts therein
2 or in a contiguous county or municipality locality. Such An amendment of the zoning ordinance
3 and the establishment of such a district or districts shall be in accordance with the provisions of
4 Article 8 7 (§ 15.1-486 15.2-2280 et seq.) of this chapter. The governing body may provide for a
5 review board to administer such the ordinance. Such The ordinance may include a provision
6 that no building or structure, including signs, shall be erected, reconstructed, altered or restored
7 within any such district unless the same is approved by the review board or, on appeal, by the
8 governing body of such county or municipality the locality as being architecturally compatible
9 with the historic landmarks, buildings or structures therein.
10 2. Subject to the provisions of subdivision 3 hereof of this subsection the governing body
11 may provide in such the ordinance that no historic landmark, building or structure within any
12 such district shall be razed, demolished or moved until the razing, demolition or moving thereof
13 is approved by the review board, or, on appeal, by the governing body after consultation with
14 such the review board.
15 3. The governing body shall provide by ordinance for appeals to the circuit court for such
16 county or municipality locality from any final decision of the governing body pursuant to
17 subdivisions 1 and 2 hereof of this subsection and shall specify therein the parties entitled to
18 appeal such the decisions, which such parties shall have the right to appeal to the circuit court for
19 review by filing a petition at law, setting forth the alleged illegality of the action of the governing
20 body, provided such the petition is filed within thirty days after the final decision is rendered by
21 the governing body. The filing of the said petition shall stay the decision of the governing body
22 pending the outcome of the appeal to the court, except that the filing of such the petition shall not
23 stay the decision of the governing body if such the decision denies the right to raze or demolish a
24 historic landmark, building or structure. The court may reverse or modify the decision of the
25 governing body, in whole or in part, if it finds upon review that the decision of the governing
26 body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it
27 may affirm the decision of the governing body.
28 In addition to the right of appeal hereinabove set forth, the owner of a historic landmark,
29 building or structure, the razing or demolition of which is subject to the provisions of subdivision
30 2 hereof of this subsection, shall, as a matter of right, be entitled to raze or demolish such
31 landmark, building or structure provided that: (1) He (i) he has applied to the governing body
667
1 for such right, (2) (ii) the owner has for the period of time set forth in the same schedule
2 hereinafter contained and at a price reasonably related to its fair market value, made a bona fide
3 offer to sell such the landmark, building or structure, and the land pertaining thereto, to such
4 county or municipality the locality or to any person, firm, corporation, government or agency
5 thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is
6 willing to preserve and restore the landmark, building or structure and the land pertaining
7 thereto, and (3) that (iii) no bona fide contract, binding upon all parties thereto, shall have been
8 executed for the sale of any such landmark, building or structure, and the land pertaining thereto,
9 prior to the expiration of the applicable time period set forth in the time schedule hereinafter
10 contained. Any appeal which may be taken to the court from the decision of the governing body,
11 whether instituted by the owner or by any other proper party, notwithstanding the provisions
12 heretofore stated relating to a stay of the decision appealed from shall not affect the right of the
13 owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more
14 than one year after a final decision by the governing body, but thereafter the owner may renew
15 his request to the governing body to approve the razing or demolition of the historic landmark,
16 building or structure. The time schedule for offers to sell shall be as follows: three months
17 when the offering price is less than $25,000; four months when the offering price is $25,000 or
18 more but less than $40,000; five months when the offering price is $40,000 or more but less than
19 $55,000; six months when the offering price is $55,000 or more but less than $75,000; seven
20 months when the offering price is $75,000 or more but less than $90,000; and twelve months
21 when the offering price is $90,000 or more.
22 4. The governing body is authorized to acquire in any legal manner any historic area,
23 landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in
24 the opinion of the governing body should be acquired, preserved and maintained for the use,
25 observation, education, pleasure and welfare of the people; provide for their renovation,
26 preservation, maintenance, management and control as places of historic interest by a department
27 of the county or municipal government locality or by a board, commission or agency specially
28 established by ordinance for the purpose; charge or authorize the charging of compensation for
29 the use thereof or admission thereto; lease, subject to such regulations as may be established by
30 ordinance, any such area, property, lands or estate or interest therein so acquired upon the
31 condition that the historic character of the area, landmark, building, structure or land shall be
668
1 preserved and maintained; or to enter into contracts with any person, firm or corporation for the
2 management, preservation, maintenance or operation of any such area, landmark, building,
3 structure, land pertaining thereto or interest therein so acquired as a place of historic interest;
4 however, the county or municipal government locality shall not use the right of condemnation
5 under this subsection unless the historic value of such area, landmark, building, structure, land
6 pertaining thereto, or estate or interest therein is about to be destroyed.
7 B. Notwithstanding any contrary provision of law, general or special, in the City of
8 Portsmouth no approval of any governmental agency or review board shall be required for the
9 construction of a ramp to serve the handicapped at any structure designated pursuant to the
10 provisions of this section.
11 Drafting note: No substantive change in the law. This section is moved from
12 Article 9.
13
14 § 15.1-492 15.2-2307. Vested rights not impaired; nonconforming uses.
15 Nothing in this article shall be construed to authorize the impairment of any vested right,
16 except that a zoning ordinance may provide that land, buildings, and structures and the uses
17 thereof which do not conform to the zoning prescribed for the district in which they are situated
18 may be continued only so long as the then existing or a more restricted use continues and such
19 use is not discontinued for more than two years, and so long as the buildings or structures are
20 maintained in their then structural condition; and that the uses of such buildings or structures
21 shall conform to such regulations whenever they are enlarged, extended, reconstructed or
22 structurally altered and may further provide that no "nonconforming" nonconforming building or
23 structure may be moved on the same lot or to any other lot which is not properly zoned to permit
24 such "nonconforming" nonconforming use.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-494 15.2-2308. Boards of zoning appeals to be created; membership, organization,
28 etc.
29 In and for any county or municipality Every locality which has enacted or enacts a zoning
30 ordinance pursuant to this chapter or prior enabling laws, there shall be created shall establish a
31 board of zoning appeals, which shall consist of no more than seven and no less than five either
669
1 five or seven residents of the county or municipality but shall always be an odd number locality,
2 appointed by the circuit court of for the county or city locality. Their terms of office shall be for
3 five years each except that original appointments shall be made for such terms that the term of
4 one member shall expire each year. The secretary of the board shall notify the court at least
5 thirty days in advance of the expiration of any term of office, and shall also notify the court
6 promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired
7 portion of the term. Members may be reappointed to succeed themselves. Members of the board
8 shall hold no other public office in the county or municipality locality except that one may be a
9 member of the local planning commission. A member whose term expires shall continue to serve
10 until his successor is appointed and qualifies. There shall also be appointed by the circuit court
11 of for a municipality city having a population of more than 140,000 but less than 170,000 or
12 more than 390,000 but less than 395,000 not less than one nor more than three alternates to the
13 board of zoning appeals, whose qualifications, terms and compensation shall be the same as
14 those of regular members. A regular member when he knows he will be absent from a meeting
15 shall notify the chairman twenty-four hours prior to the meeting of such fact. The chairman
16 shall select an alternate to serve in the absent member's place and the records of the board shall
17 so note.
18 Counties and municipalities Localities may, by ordinances enacted in each jurisdiction,
19 create a joint board of zoning appeals, which shall consist of two members appointed from
20 among the residents of each participating jurisdiction by the circuit court of for each county or
21 city, plus one member from the area at large to be appointed by the circuit court or jointly by
22 such courts if more than one, having jurisdiction in the area. The term of office of each member
23 shall be five years except that of the two members first appointed from each jurisdiction, the
24 term of one shall be for two years and of the other, four years. Vacancies shall be filled for the
25 unexpired terms. In other respects, joint boards of zoning appeals shall be governed by all other
26 provisions of this article.
27 With the exception of its secretary and the alternates, the board shall elect from its own
28 membership its officers, who shall serve annual terms as such and may succeed themselves. The
29 board may elect as its secretary either one of its members or a qualified individual who is not a
30 member of the board, excluding the alternate members. A secretary who is not a member of the
31 board shall not be entitled to vote on matters before the board. For the conduct of any hearing
670
1 and the taking of any action, a quorum shall be not less than a majority of all the members of the
2 board. The board may make, alter and rescind rules and forms for its procedures, consistent
3 with ordinances of the county or municipality locality and general laws of the Commonwealth.
4 The board shall keep a full public record of its proceedings and shall submit a report of its
5 activities to the governing body or bodies at least once each year.
6 Within the limits of funds appropriated by the governing body, the board may employ or
7 contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical
8 services. Members of the board may receive such compensation as may be authorized by the
9 respective governing bodies. Any board member or alternate may be removed for malfeasance,
10 misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him,
11 after a hearing held after at least fifteen days' notice.
12 Drafting note: No substantive change in the law.
13
14 § 15.1-495 15.2-2309. Powers and duties of board of zoning appeals.
15 Boards of zoning appeals shall have the following powers and duties:
16 1. To hear and decide appeals from any order, requirement, decision or determination
17 made by an administrative officer in the administration or enforcement of this article or of any
18 ordinance adopted pursuant thereto.
19 2. To authorize upon appeal or original application in specific cases such variance as
20 defined in § 15.1-430 (p) 15.2-2201 from the terms of the ordinance as will not be contrary to the
21 public interest, when, owing to special conditions a literal enforcement of the provisions will
22 result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and
23 substantial justice done, as follows:
24 When a property owner can show that his property was acquired in good faith and where
25 by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of
26 property at the time of the effective date of the ordinance, or where by reason of exceptional
27 topographic conditions or other extraordinary situation or condition of such the piece of property,
28 or of the condition, situation, or development of property immediately adjacent thereto, the strict
29 application of the terms of the ordinance would effectively prohibit or unreasonably restrict the
30 utilization of the property or where the board is satisfied, upon the evidence heard by it, that the
31 granting of such the variance will alleviate a clearly demonstrable hardship approaching
671
1 confiscation, as distinguished from a special privilege or convenience sought by the applicant,
2 provided that all variances shall be in harmony with the intended spirit and purpose of the
3 ordinance.
4 No such variance shall be authorized by the board unless it finds:
5 a. That the strict application of the ordinance would produce undue hardship.
6 b. That such the hardship is not shared generally by other properties in the same zoning
7 district and the same vicinity.
8 c. That the authorization of such the variance will not be of substantial detriment to
9 adjacent property and that the character of the district will not be changed by the granting of the
10 variance.
11 No such variance shall be authorized except after notice and hearing as required by §
12 15.1-431 15.2-2204. However, when giving any required notice to the owners, their agents or the
13 occupants of abutting property and property immediately across the street or road from the
14 property affected, the board may give such notice by first-class mail rather than by registered or
15 certified mail.
16 No variance shall be authorized unless the board finds that the condition or situation of
17 the property concerned is not of so general or recurring a nature as to make reasonably
18 practicable the formulation of a general regulation to be adopted as an amendment to the
19 ordinance.
20 In authorizing a variance the board may impose such conditions regarding the location,
21 character and other features of the proposed structure or use as it may deem necessary in the
22 public interest, and may require a guarantee or bond to ensure that the conditions imposed are
23 being and will continue to be complied with.
24 3. To hear and decide appeals from the decision of the zoning administrator.
25 No such appeal shall be heard except after notice and hearing as provided by § 15.1-431
26 15.2-2204. However, when giving any required notice to the owners, their agents or the
27 occupants of abutting property and property immediately across the street or road from the
28 property affected, the board may give such notice by first-class mail rather than by registered or
29 certified mail.
30 4. To hear and decide applications for interpretation of the district map where there is any
31 uncertainty as to the location of a district boundary. After notice to the owners of the property
672
1 affected by any such the question, and after public hearing with notice as required by § 15.1-431
2 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of
3 the ordinance for the particular section or district in question. However, when giving any
4 required notice to the owners, their agents or the occupants of abutting property and property
5 immediately across the street or road from the property affected, the board may give such notice
6 by first-class mail rather than by registered or certified mail. The board shall not have the
7 power to change substantially the locations of district boundaries as established by ordinance.
8 5. No provision of this section shall be construed as granting any board the power to
9 rezone property.
10 6. To hear and decide applications for special exceptions as may be authorized in the
11 ordinance. The board may impose such conditions relating to the use for which a permit is
12 granted as it may deem necessary in the public interest, including limiting the duration of a
13 permit, and may require a guarantee or bond to ensure that the conditions imposed are being and
14 will continue to be complied with.
15 No special exception may be granted except after notice and hearing as provided by §
16 15.1-431 15.2-2204. However, when giving any required notice to the owners, their agents or the
17 occupants of abutting property and property immediately across the street or road from the
18 property affected, the board may give such notice by first-class mail rather than by registered or
19 certified mail.
20 7. To revoke a special exception if the board determines that there has not been
21 compliance with the terms or conditions of the permit. No special exception may be revoked
22 except after notice and hearing as provided by § 15.1-431 15.2-2204. However, when giving any
23 required notice to the owners, their agents or the occupants of abutting property and property
24 immediately across the street or road from the property affected, the board may give such notice
25 by first-class mail rather than by registered or certified mail.
26 Drafting note: No substantive change in the law.
27
28 § 15.1-496 15.2-2310. Applications for special exceptions and variances.
29 Applications for special exceptions and variances may be made by any property owner,
30 tenant, government official, department, board or bureau. Such application Applications shall
31 be made to the zoning administrator in accordance with rules adopted by the board. The
673
1 application and accompanying maps, plans or other information shall be transmitted promptly to
2 the secretary of the board who shall place the matter on the docket to be acted upon by the board.
3 No such special exceptions or variances shall be authorized except after notice and hearing as
4 required by § 15.1-431 15.2-2204. The zoning administrator shall also transmit a copy of the
5 application to the local planning commission which may send a recommendation to the board or
6 appear as a party at the hearing. The governing body of any county, city or town Any locality
7 may provide by ordinance that substantially the same application will not be considered by the
8 board within a specified period, not exceeding one year.
9 Drafting note: No substantive change in the law.
10
11 § 15.1-496.1 15.2-2311. Appeals to board.
12 A. An appeal to the board may be taken by any person aggrieved or by any officer,
13 department, board or bureau of the county or municipality locality affected by any decision of
14 the zoning administrator or from any order, requirement, decision or determination made by any
15 other administrative officer in the administration or enforcement of this article or any ordinance
16 adopted pursuant thereto. Notwithstanding any charter provision to the contrary, any written
17 notice of a zoning violation or a written order of the zoning administrator dated on or after July
18 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the
19 notice of a zoning violation or a written order within thirty days in accordance with this section,
20 and that the decision shall be final and unappealable if not appealed within thirty days. The
21 appeal period shall not commence until such the statement is given. Such The appeal shall be
22 taken within thirty days after the decision appealed from by filing with the zoning administrator,
23 and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator
24 shall forthwith transmit to the board all the papers constituting the record upon which the action
25 appealed from was taken.
26 B. An appeal shall stay all proceedings in furtherance of the action appealed from unless
27 the zoning administrator certifies to the board that by reason of facts stated in the certificate a
28 stay would in his opinion cause imminent peril to life or property, in which case proceedings
29 shall not be stayed otherwise than by a restraining order granted by the board or by a court of
30 record, on application and on notice to the zoning administrator and for good cause shown.
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1 C. In no event shall a written order, requirement, decision or determination made by the
2 zoning administrator or other administrative officer be subject to change, modification or
3 reversal by any zoning administrator or other administrative officer after sixty days have elapsed
4 from the date of the written order, requirement, decision or determination where the person
5 aggrieved has materially changed his position in good faith reliance on the action of the zoning
6 administrator or other administrative officer unless it is proven that such written order,
7 requirement, decision or determination was obtained through malfeasance of the zoning
8 administrator or other administrative officer or through fraud. The sixty-day limitation period
9 shall not apply in any case where, with the concurrence of the attorney for the governing body,
10 modification is required to correct clerical or other nondiscretionary errors.
11 Drafting note: No substantive change in the law.
12
13 § 15.1-496.2 15.2-2312. Procedure on appeal.
14 The board shall fix a reasonable time for the hearing of an application or appeal, give
15 public notice thereof as well as due notice to the parties in interest and decide the same make its
16 decision within ninety days of the filing of the application or appeal. In exercising its powers the
17 board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or
18 determination appealed from. The concurring vote of a majority of the membership of the board
19 shall be necessary to reverse any order, requirement, decision or determination of an
20 administrative officer or to decide in favor of the applicant on any matter upon which it is
21 required to pass under the ordinance or to effect any variance from the ordinance. The board
22 shall keep minutes of its proceedings and other official actions which shall be filed in the office
23 of the board and shall be public records. The chairman of the board, or in his absence the acting
24 chairman, may administer oaths and compel the attendance of witnesses.
25 Drafting note: No substantive change in the law.
26
27 § 15.1-496.3 15.2-2313. Proceedings to prevent construction of building in violation of
28 zoning ordinance.
29 Where a building permit has been issued and the construction of the building for which
30 such the permit was issued is subsequently sought to be prevented, restrained, corrected or
31 abated as a violation of the zoning ordinance, by suit filed within fifteen days after the start of
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1 construction by a person who had no actual notice of the issuance of the permit, the court may
2 hear and determine the issues raised in the litigation even though no appeal was taken from the
3 decision of the administrative officer to the board of zoning appeals.
4 The 1975 amendments to §§ 15.1-495 and 15.1-496 shall not be taken into consideration
5 nor be interpreted to have any effect on any litigation instituted prior to January 21, 1975.
6 Drafting note: No substantive change in the law. The last sentence is deleted as it
7 is no longer needed.
8
9 § 15.1-497 15.2-2314. Certiorari to review decision of board.
10 Any person or persons jointly or severally aggrieved by any decision of the board of
11 zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the
12 county or municipality locality, may present to the circuit court of for the county or city a
13 petition specifying the grounds on which aggrieved within thirty days after the filing of the
14 decision in the office of the board.
15 Upon the presentation of such petition, the court shall allow a writ of certiorari to review
16 the decision of the board of zoning appeals and shall prescribe therein the time within which a
17 return thereto must be made and served upon the relator's attorney, which shall not be less than
18 ten days and may be extended by the court. The allowance of the writ shall not stay proceedings
19 upon the decision appealed from, but the court may, on application, on notice to the board and on
20 due cause shown, grant a restraining order.
21 The board of zoning appeals shall not be required to return the original papers acted upon
22 by it but it shall be sufficient to return certified or sworn copies thereof or of such the portions
23 thereof as may be called for by such the writ. The return shall concisely set forth such other facts
24 as may be pertinent and material to show the grounds of the decision appealed from and shall be
25 verified.
26 If, upon the hearing, it shall appear to the court that testimony is necessary for the proper
27 disposition of the matter, it may take evidence or appoint a commissioner to take such evidence
28 as it may direct and report the same evidence to the court with his findings of fact and
29 conclusions of law, which shall constitute a part of the proceedings upon which the
30 determination of the court shall be made. The court may reverse or affirm, wholly or partly, or
31 may modify the decision brought up for review.
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1 Costs shall not be allowed against the board, unless it shall appear to the court that it
2 acted in bad faith or with malice in making the decision appealed from. In the event the decision
3 of the board is affirmed and the court finds that the appeal was frivolous, the court may order the
4 person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in
5 making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn
6 subsequent to the filing of the return, the board may request that the court hear the matter on the
7 question of whether the appeal was frivolous.
8 Drafting note: No substantive change in the law.
9
10 § 15.1-498 15.2-2315. Conflict with statutes, local ordinances or regulations.
11 Whenever the regulations made under authority of this article require a greater width or
12 size of yards, courts or other open spaces, require a lower height of building or less number of
13 stories, require a greater percentage of lot to be left unoccupied or impose other higher standards
14 than are required in any other statute or local ordinance or regulation, the provisions of the
15 regulations made under authority of this article shall govern. Whenever the provisions of any
16 other statute or local ordinance or regulation require a greater width or size of yards, courts or
17 other open spaces, require a lower height of building or a less number of stories, require a greater
18 percentage of lot to be left unoccupied or impose other higher standards than are required by the
19 regulations made under authority of this article, the provisions of such statute or local ordinance
20 or regulation shall govern.
21 Drafting note: No change.
22
23 § 15.1-503 15.2-2316. Validation of zoning ordinances prior to 1971.
24 All proceedings had in the preparation, certification and adoption of zoning ordinances
25 by every county, city and town locality prior to January 1, 1971, which shall have been in
26 substantial compliance with the provisions of this chapter are validated and confirmed, and all
27 such zoning ordinances adopted or attempted to be adopted pursuant to the provisions of this
28 chapter are declared to be validly adopted and enacted, notwithstanding any defects or
29 irregularities in the adoption thereof.
30 Drafting note: No substantive change in the law. This section is relocated from
31 Article 9.
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1
2 Article 8.1 8.
3 Road Impact Fees.
4
5 § 15.1-498.1 15.2-2317. Applicability of article.
6 This article shall apply to (i) any county having a population of 500,000 or more as
7 determined by the most recent U.S. Census, (ii) any county or city adjacent thereto, (iii) any city
8 contiguous to such adjacent county or city, and (iv) any town within such county or an adjacent
9 county.
10 Drafting note: No substantive change in the law.
11
12 § 15.2-2318. Definitions.
13 As used in this article, unless the context requires a different meaning:
14 "Cost" includes, in addition to all labor, materials, machinery and equipment for
15 construction, (i) acquisition of land, rights-of-way, property rights, easements and interests,
16 including the costs of moving or relocating utilities, (ii) demolition or removal of any structure
17 on land so acquired, including acquisition of land to which such structure may be moved, (iii)
18 survey, engineering, and architectural expenses, (iv) legal, administrative, and other related
19 expenses, and (v) interest charges and other financing costs if impact fees are used for the
20 payment of principal and interest on bonds, notes or other obligations issued by the locality to
21 finance the road improvement.
22 "Impact fee" means a charge or assessment imposed against new development in order to
23 generate revenue to fund or recover the costs of reasonable road improvements necessitated by
24 and attributable to the new development. Impact fees may not be assessed and imposed for road
25 repair, operation and maintenance, nor to expand existing roads to meet demand which existed
26 prior to the new development.
27 "Impact fee service area" means land designated by ordinance within a locality, having
28 clearly defined boundaries and clearly related traffic needs and within which development is to
29 be subject to the assessment of impact fees.
30 "Road improvement" includes construction of new roads or improvement or expansion of
31 existing roads as required by applicable construction standards of the Virginia Department of
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1 Transportation to meet increased demand attributable to new development. Road improvements
2 do not include on-site construction of roads which a developer may be required to provide
3 pursuant to §§ 15.2-2241 through 15.2-2245.
4 Drafting note: This section is moved from § 15.1-498.2 with no change.
5
6 § 15.1-498.2 15.2-2319. Authority to assess and impose impact fees.
7 Any such county, city or town applicable locality may, by ordinance pursuant to the
8 procedures and requirements of this article, assess and impose impact fees on new development
9 to pay all or a part of the cost of reasonable road improvements attributable in substantial part to
10 such the new development.
11 Prior to the adoption of such the ordinance, any such county, city or town a locality shall
12 establish an impact fee advisory committee. Such The committee shall be composed of not less
13 than five nor more than ten members appointed by the governing body of the locality and at least
14 forty percent of the membership shall be representatives from the development, building or real
15 estate industries. The planning commission or other existing committee that meets the
16 membership requirements may serve as the impact fee advisory committee. The committee
17 shall serve in an advisory capacity to assist and advise the governing body of the locality with
18 regard to such the ordinance. No action of the committee shall be considered a necessary
19 prerequisite for any action taken by the locality in regard to the adoption of such an ordinance.
20 "Cost" includes, in addition to all labor, materials, machinery and equipment for
21 construction, (i) acquisition of land, rights-of-way, property rights, easements and interests,
22 including the costs of moving or relocating utilities, (ii) demolition or removal of any structure
23 on land so acquired, including acquisition of land to which such structure may be moved, (iii)
24 survey, engineering, and architectural expenses, (iv) legal, administrative, and other related
25 expenses, and (v) interest charges and other financing costs if impact fees are used for the
26 payment of principal and interest on bonds, notes or other obligations issued by the county, city
27 or town to finance the road improvement.
28 "Impact fee" means a charge or assessment imposed against new development in order to
29 generate revenue to fund or recover the costs of reasonable road improvements necessitated by
30 and attributable to such new development. Impact fees may not be assessed and imposed for
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1 road repair, operation and maintenance, nor to expand existing roads to meet demand which
2 existed prior to the new development.
3 "Impact fee service area" means land designated by ordinance within a county, city or
4 town, having clearly defined boundaries and clearly related traffic needs and within which
5 development is to be subject to the assessment of impact fees.
6 "Road improvement" includes construction of new roads or improvement or expansion of
7 existing roads as required by applicable construction standards of the Virginia Department of
8 Transportation to meet increased demand attributable to new development. Road improvements
9 do not include on-site construction of roads which a developer may be required to provide
10 pursuant to § 15.1-466.
11 Drafting note: No substantive change in the law; the last four paragraphs are
12 moved to § 15.2-2318.
13
14 § 15.1-498.3 15.2-2320. Impact fee service areas to be established.
15 The county, city or town locality shall delineate one or more impact fee service areas
16 within its jurisdiction. Impact fees collected from new development within an impact fee
17 service area shall be expended for road improvements within that impact fee service area. An
18 impact fee service area may encompass more than one road improvement project.
19 Drafting note: No substantive change in the law.
20
21 § 15.1-498.4 15.2-2321. Adoption of road improvements program.
22 Prior to adopting a system of impact fees, the county, city or town locality shall conduct
23 an assessment of road improvement needs within an impact fee service area and in the county,
24 city or town locality and shall adopt a road improvements plan for the area showing the new
25 roads proposed to be constructed and the existing roads to be improved or expanded and the
26 schedule for undertaking such construction, improvement or expansion. The road
27 improvements plan shall be adopted as an amendment to the required comprehensive plan and
28 shall be incorporated into the capital improvements program or, in the case of the counties where
29 applicable, the six-year plan for secondary road construction pursuant to § 33.1-70.01.
30 The county, city or town locality shall adopt the road improvements plan after holding a
31 duly advertised public hearing. The public hearing notice shall identify the impact fee service
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1 area or areas to be designated, and shall include a summary of the needs assessment and the
2 assumptions upon which the assessment is based, the proposed amount of the impact fee, and
3 information as to how a copy of the complete study may be examined. A copy of the complete
4 study shall be available for public inspection and copying at reasonable times prior to the public
5 hearing.
6 The county, city or town locality at a minimum shall include the following items in
7 assessing road improvement needs and preparing a road improvements plan:
8 1. An analysis of the existing capacity, current usage and existing commitments to future
9 usage of existing roads, as indicated by (i) current valid building permits outstanding, (ii)
10 approved conditional rezonings, special exceptions, and special use permits, and (iii) approved
11 site plans and subdivision plats. If the current usage and commitments exceed the existing
12 capacity of such the roads, the locality also shall determine the costs of improving such the roads
13 to meet such the demand. The analysis shall include a plan to fund the current usages and
14 commitments that exceed the existing capacity of such the roads.
15 2. The projected need for and costs of construction of new roads or improvement or
16 expansion of existing roads attributable in whole or in part to projected new development. Road
17 improvement needs shall be projected for the impact fee service area when fully developed in
18 accord with the comprehensive plan and, if full development is projected to occur more than ten
19 years in the future, at the end of a ten-year period. The assumptions with regard to land uses,
20 densities, intensities, and population upon which road improvement projections are based shall
21 be presented.
22 3. The total number of new service units projected for the impact fee service area when
23 fully developed and, if full development is projected to occur more than ten years in the future, at
24 the end of a ten-year period. A "service unit" is a standardized measure of traffic use or
25 generation. The locality shall develop a table or method for attributing service units to various
26 types of development and land use, including but not limited to residential, commercial and
27 industrial uses. The table shall be based upon the ITE manual (published by the Institute of
28 Transportation Engineers) or locally conducted trip generation studies.
29 Drafting note: No substantive change in the law.
30
31 § 15.1-498.5 15.2-2322. Adoption of impact fee and schedule.
681
1 After adoption of a road improvement program, the county, city or town locality may
2 adopt an ordinance establishing a system of impact fees to fund or recapture all or any part of the
3 cost of providing reasonable road improvements required by new development. The ordinance
4 shall set forth the schedule of impact fees.
5 Drafting note: No substantive change in the law.
6
7 § 15.1-498.6 15.2-2323. When impact fees assessed and imposed.
8 The amount of impact fees to be imposed on a specific development or subdivision shall
9 be determined before or at the time the site plan or subdivision is approved. The ordinance shall
10 specify that the fee is to be collected at the time of the issuance of a certificate of occupancy.
11 The ordinance shall provide that fees (i) may be paid in lump sum or (ii) be paid on installment
12 at a reasonable rate of interest for a fixed number of years. The county, city or town locality by
13 ordinance may provide for negotiated agreements with the owner of the property as to the time
14 and method of paying the impact fees.
15 The maximum impact fee to be imposed shall be determined (i) by dividing (i) projected
16 road improvement costs in the service area when fully developed by the number of projected
17 service units when fully developed, or (ii) for a reasonable period of time, but not less than ten
18 years, by dividing the projected costs necessitated by development in the next ten years by the
19 service units projected to be created in the next ten years.
20 The ordinance shall provide for appeals from administrative determinations, regarding
21 the impact fees to be imposed, to the governing body or such other body as designated in the
22 ordinance. The ordinance may provide for the resolution of disputes over an impact fee by
23 arbitration or otherwise.
24 No impact fees shall be assessed or imposed upon a development or subdivision if the
25 subdivider or developer has proffered conditions pursuant to §§ 15.1-491 (a) or § 15.1-491.2:1
26 15.2-2298 or 15.2-2303 for off-site road improvements and such the proffered conditions have
27 been accepted by the local government.
28 Drafting note: No substantive change in the law.
29
30 § 15.1-498.7 15.2-2324. Credits against impact fee.
682
1 The value of any dedication, contribution or construction from the developer for off-site
2 road improvements within the impact fee service area shall be treated as a credit against the
3 impact fees imposed on the developer's project. The local governing body locality may by
4 ordinance provide for credits for approved on-site improvements in excess of those required by
5 the development.
6 The locality also shall calculate and credit against impact fees (i) the extent to which (i)
7 developments have already contributed to the cost of existing roads which will serve the
8 development, (ii) the extent to which the new development will contribute to the cost of existing
9 roads, and (iii) the extent to which new development will contribute to the cost of road
10 improvements in the future other than through impact fees.
11 Drafting note: No substantive change in the law.
12
13 § 15.1-498.8 15.2-2325. Updating plan and amending impact fee.
14 The county, city or town locality shall update the needs assessment and the assumptions
15 and projections at least once every two years. The road improvement plan shall be updated at
16 least every two years to reflect current assumptions and projections. The impact fee schedule
17 may be amended to reflect any substantial changes in such assumptions and projections.
18 Drafting note: No substantive change in the law.
19
20 § 15.1-498.9 15.2-2326. Use of proceeds.
21 A separate road improvement account shall be established for the impact fee service area
22 and all funds collected through impact fees shall be deposited in such the interest-bearing
23 account. Interest earned on deposits shall become funds of the account. The expenditure of
24 funds from the account shall be only for road improvements within the impact fee service area as
25 set out in the road improvement plan for the impact fee service area.
26 Drafting note: No substantive change in the law.
27
28 § 15.1-498.10 15.2-2327. Refund of impact fees.
29 The county, city or town locality shall refund any impact fee or portion thereof for which
30 construction of a project is not completed within a reasonable period of time, not to exceed
31 fifteen years.
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1 Upon completion of a project, the county, city or town locality shall recalculate the
2 impact fee based on the actual cost of the improvement. It shall refund the difference if the
3 impact fee paid exceeds actual cost by more than fifteen percent. Refunds shall be made to the
4 record owner of the property at the time the refund is made.
5 Drafting note: No substantive change in the law.
6
7 Article 9.
8 Miscellaneous Provisions.
9
10 Drafting note: All sections in this article are repealed or relocated within this title.
11
12 § 15.1-499. Restraining, etc., violations of chapter.
13 Any violation or attempted violation of this chapter, or of any regulation adopted
14 hereunder may be restrained, corrected, or abated as the case may be by injunction or other
15 appropriate proceeding.
16 Drafting note: This section is relocated in Article 1 as § 15.2-2208.
17
18 § 15.1-499.1. Civil penalties for violations of zoning ordinance.
19 Notwithstanding the provisions of § 15.1-491 (e), any locality may adopt an ordinance
20 which establishes a uniform schedule of civil penalties for violations of specified provisions of
21 the zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in
22 injury to persons, and the existence of a civil penalty shall not preclude action by the zoning
23 administrator under § 15.1-491 (d) or action by the governing body under § 15.1-499.
24 This schedule of civil penalties shall be uniform for each type of specified violation, and
25 the penalty for any one violation shall be a civil penalty of not more than $100 for the initial
26 summons and not more than $150 for each additional summons. Each day during which the
27 violation is found to have existed shall constitute a separate offense. However, specified
28 violations arising from the same operative set of facts shall not be charged more frequently than
29 once in any ten-day period, and a series of specified violations arising from the same operative
30 set of facts shall not result in civil penalties which exceed a total of $3,000. Designation of a
31 particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of
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1 criminal sanctions, and except for any violation resulting in injury to persons, such designation
2 shall preclude the prosecution of a violation as a criminal misdemeanor.
3 Any person summoned or issued a ticket for a scheduled violation may make an
4 appearance in person or in writing by mail to the department of finance or the treasurer of the
5 locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of
6 trial, admit liability, and pay the civil penalty established for the offense charged. Such persons
7 shall be informed of their right to stand trial and that a signature to an admission of liability will
8 have the same force and effect as a judgment of court.
9 If a person charged with a scheduled violation does not elect to enter a waiver of trial and
10 admit liability, the violation shall be tried in the general district court in the same manner and
11 with the same right of appeal as provided for by law. In any trial for a scheduled violation
12 authorized by this section, it shall be the burden of the locality to show the liability of the
13 violator by a preponderance of the evidence. An admission of liability or finding of liability shall
14 not be a criminal conviction for any purpose.
15 No provision herein shall be construed to allow the imposition of civil penalties (i) for
16 activities related to land development or (ii) for violation of any provision of a local zoning
17 ordinance relating to the posting of signs on public property or public rights-of-way.
18 Drafting note: This section is relocated in Article 1 as § 15.2-2209.
19
20 § 15.1-499.2. Demolition of historic structures in certain counties; civil penalty.
21 The governing body of any county which has adopted the urban county executive form of
22 government may adopt an ordinance which establishes a civil penalty for the demolition, razing
23 or moving of a building or structure which is located in an historic district or which has been
24 designated by the governing body as an historic structure or landmark without the prior approval
25 from either the architectural review board or the governing body as provided by subdivision A 2
26 of § 15.1-503.2.
27 The civil penalty imposed for a violation of any such ordinance shall not exceed the
28 market value of the property as determined by the assessed value of the property at the time of
29 the destruction or removal of the building or structure, and that value shall include the value of
30 any structures together with the value of the real property upon which any such structure or
31 structures were located. Such ordinances may be enforced by the county attorney by bringing
685
1 an action in the name of the county in the circuit court. Such actions shall be brought against
2 the party or parties deemed responsible for such violation. It shall be the burden of the county
3 to show the liability of the violator by a preponderance of the evidence.
4 Nothing in this section shall preclude action by the zoning administrator under § 15.1-491
5 (d) or action by the governing body under § 15.1-499.
6 Drafting note: This section is relocated to Chapter 8.
7
8 § 15.1-500. Effect on existing resolutions and ordinances.
9 This chapter shall not affect any resolution or ordinance enacted under any other law
10 heretofore [prior to June 29, 1962] adopted except as specifically provided.
11 Drafting note: Repealed; the provisions of this section will generally be covered by
12 the seventh enactment clause of the recodification bill.
13
14 § 15.1-501. Effect of chapter on municipal charters.
15 No provision in any municipal charter in conflict with this chapter shall be affected
16 hereby. Furthermore, any city exercising zoning authority within the corporate limits of such city
17 pursuant to power expressly set out in the charter of such city may exercise, in addition to those
18 powers so provided in such charter, any or all of the powers and authority granted in Article 8 (§
19 15.1-486 et seq.) of this chapter to municipalities in relation to the zoning of territory under the
20 jurisdiction of such city, to the end that any of the purposes set out in such charter and in §
21 15.1-489, as from time to time amended, be accomplished.
22 Drafting note: Repealed. With regard to the first sentence, see § 15.2-100 for
23 provisions regarding conflicts between general law and charters. The second sentence is
24 repealed as unnecessary.
25
26 § 15.1-501.1. Expedited land development review procedure.
27 A. Any county having a population between 80,000 and 90,000 or between 212,000 and
28 216,000 may establish, by ordinance, a separate processing procedure for the review of
29 preliminary and final subdivision and site plans and other development plans certified by
30 licensed professional engineers, architects, certified landscape architects and land surveyors who
31 are also licensed pursuant to § 54.1-408 and recommended for submission by persons who have
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1 received special training in such county's land development ordinances and regulations. The
2 purpose of such separate review procedure is to provide a procedure to expedite the county's
3 review of certain qualified land development plans. If a separate procedure is established, the
4 county shall establish within the adopted ordinance the criteria for qualification of persons and
5 whose work is eligible to use the separate procedure as well as a procedure for determining if the
6 qualifications are met by persons applying to use the separate procedure. Persons who satisfy
7 the criteria of subsection B below shall qualify as plans examiners. Plans reviewed and
8 recommended for submission by plans examiners and certified by the appropriately licensed
9 professional engineer, architect, certified landscape architect or land surveyor shall qualify for
10 the separate processing procedure.
11 B. The qualifications of those persons who may participate in this program shall
12 include, but not be limited to, the following:
13 1. A bachelor of science degree in engineering, architecture, landscape architecture or
14 related science or equivalent experience or a land surveyor certified pursuant to § 54.1-408.
15 2. Successful completion of an educational program specified by the board.
16 3. A minimum of two years of land development engineering design experience
17 acceptable to the board.
18 4. Attendance at continuing educational courses specified by the board.
19 5. Consistent preparation and submission of plans which meet all applicable ordinances
20 and regulations.
21 The word "board" as used in this subsection shall mean the board of supervisors.
22 C. If an expedited review procedure is adopted by the board of supervisors pursuant to
23 the authority granted by this section, the board of supervisors shall establish an advisory plans
24 examiner board which shall make recommendations to the board of supervisors on the general
25 operation of the program, on the general qualifications of those who may participate in the
26 expedited processing procedure, on initial and continuing educational programs needed to
27 qualify and maintain qualification for such a program and on the general administration and
28 operation of such a program. In addition, the plans examiner board shall submit
29 recommendations to the board of supervisors as to those persons who meet the established
30 qualifications for participation in the program, and the plans examiner board shall submit
31 recommendations as to whether those persons who have previously qualified to participate in the
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1 program should be disqualified, suspended or otherwise disciplined. The plans examiner board
2 shall consist of six members who shall be appointed by the board of supervisors for staggered
3 four-year terms. Initial terms may be less than four years so as to provide for staggered terms.
4 The plans examiner board shall consist of three persons in private practice as licensed
5 professional engineers or land surveyors certified pursuant to § 54.1-408, at least one of whom
6 shall be a certified land surveyor; one person employed by the county government; one person
7 employed by the Virginia Department of Transportation who shall serve as a nonvoting advisory
8 member; and one citizen member. All members of the board who serve as licensed engineers or
9 as certified surveyors must maintain their professional license or certification as a condition of
10 holding office, and all such persons shall have at least two years of experience in land
11 development procedures of the county. The citizen member of the board shall meet the
12 qualifications provided in § 54.1-107; provided such member, notwithstanding the proscription
13 of clause (i) of § 54.1-107, shall have training as an engineer or surveyor and may be currently
14 licensed, certified or practicing his profession.
15 D. The expedited land development program shall include an educational program
16 conducted under the auspices of a state institution of higher education. The instructors in the
17 educational program shall consist of persons in the private and public sectors who are qualified
18 to prepare land development plans. The educational program shall include the comprehensive
19 and detailed study of county ordinances and regulations relating to plans and how they are
20 applied.
21 E. The separate processing system may include a review of selected or random aspects
22 of plans rather than a detailed review of all aspects; however, it shall also include a periodic
23 detailed review of plans prepared by persons who qualify for the system.
24 F. In no event shall this section relieve persons who prepare and submit plans of the
25 responsibilities and obligations which they would otherwise have with regard to the preparation
26 of plans, nor shall it relieve the county of its obligation to review other plans in the time periods
27 and manner prescribed by law.
28 Drafting note: This section is relocated in Article 6 as § 15.2-2263.
29
30 § 15.1-502.1. Duplicate planning commission authorized for certain local governments.
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1 Any city with a population between 140,000 and 160,000 which is subject to the
2 provisions of the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.), by ordinance, may
3 establish a duplicate planning commission solely for the purpose of considering matters arising
4 from such Act. Sections 15.1-437 through 15.1-445 shall apply to such commission, mutatis
5 mutandis.
6 The procedure, timing requirements and appeal to the circuit court set forth in § 15.1-475
7 shall apply to the considerations of this commission, mutatis mutandis.
8 To distinguish the planning commission authorized by this section from planning
9 commissions required by § 15.1-427.1, the commissions established hereunder shall have the
10 words "Chesapeake Bay Preservation" in their title.
11 Every governing body of a municipality that establishes a commission pursuant to this
12 section, in its sole discretion by ordinance, may abolish same.
13 Drafting note: This section is relocated in Article 2 as § 15.2-2220.
14
15 § 15.1-503. Validation of zoning ordinances prior to 1971.
16 All proceedings had in the preparation, certification and adoption of zoning ordinances
17 by every county, city and town prior to January 1, 1971, which shall have been in substantial
18 compliance with the provisions of this chapter are validated and confirmed, and all such zoning
19 ordinances adopted or attempted to be adopted pursuant to the provisions of this chapter are
20 declared to be validly adopted and enacted, notwithstanding any defects or irregularities in the
21 adoption thereof.
22 Drafting note: This section is relocated in Article 7 as § 15.2-2316.
23
24 § 15.1-503.2. Preservation of historical sites and areas in counties and municipalities.
25 A. 1. The governing body of any county or municipality may adopt an ordinance setting
26 forth the historic landmarks within the county or municipality as established by the Virginia
27 Board of Historic Resources, and any other buildings or structures within the county or
28 municipality having an important historic, architectural, archaeological or cultural interest, and
29 any historic areas within the county or municipality as defined by § 15.1-430 (b), amending the
30 existing zoning ordinance and delineating one or more historic districts, adjacent to such
31 landmarks, buildings and structures, or encompassing such historic areas, or encompassing
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1 parcels of land contiguous to arterial streets or highways (as designated pursuant to Title 33.1,
2 including § 33.1-41.1 of that title) found by the governing body to be significant routes of tourist
3 access to the county or municipality or to designated historic landmarks, buildings, structures or
4 districts therein or in a contiguous county or municipality. Such amendment of the zoning
5 ordinance and the establishment of such a district or districts shall be in accordance with the
6 provisions of Article 8 (§ 15.1-486 et seq.) of this chapter. The governing body may provide for
7 a review board to administer such ordinance. Such ordinance may include a provision that no
8 building or structure, including signs, shall be erected, reconstructed, altered or restored within
9 any such historic district unless the same is approved by the review board or, on appeal, by the
10 governing body of such county or municipality as being architecturally compatible with the
11 historic landmarks, buildings or structures therein.
12 2. Subject to the provisions of subdivision 3 hereof the governing body may provide in
13 such the ordinance that no historic landmark, building or structure within any such historic
14 district shall be razed, demolished or moved until the razing, demolition or moving thereof is
15 approved by the review board, or, on appeal, by the governing body after consultation with such
16 review board.
17 3. The governing body shall provide by ordinance for appeals to the circuit court for such
18 county or municipality from any final decision of the governing body pursuant to subdivisions 1
19 and 2 hereof and shall specify therein the parties entitled to appeal such decisions, which such
20 parties shall have the right to appeal to the circuit court for review by filing a petition at law,
21 setting forth the alleged illegality of the action of the governing body, provided such petition is
22 filed within thirty days after the final decision is rendered by the governing body. The filing of
23 the said petition shall stay the decision of the governing body pending the outcome of the appeal
24 to the court, except that the filing of such petition shall not stay the decision of the governing
25 body if such decision denies the right to raze or demolish a historic landmark, building or
26 structure. The court may reverse or modify the decision of the governing body, in whole or in
27 part, if it finds upon review that the decision of the governing body is contrary to law or that its
28 decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the
29 governing body.
30 In addition to the right of appeal hereinabove set forth, the owner of a historic landmark,
31 building or structure, the razing or demolition of which is subject to the provisions of subdivision
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1 2 hereof, shall, as a matter of right, be entitled to raze or demolish such landmark, building or
2 structure provided that: (1) He has applied to the governing body for such right, (2) the owner
3 has for the period of time set forth in the same schedule hereinafter contained and at a price
4 reasonably related to its fair market value, made a bona fide offer to sell such landmark, building
5 or structure, and the land pertaining thereto, to such county or municipality or to any person,
6 firm, corporation, government or agency thereof, or political subdivision or agency thereof,
7 which gives reasonable assurance that it is willing to preserve and restore the landmark, building
8 or structure and the land pertaining thereto, and (3) that no bona fide contract, binding upon all
9 parties thereto, shall have been executed for the sale of any such landmark, building or structure,
10 and the land pertaining thereto, prior to the expiration of the applicable time period set forth in
11 the time schedule hereinafter contained. Any appeal which may be taken to the court from the
12 decision of the governing body, whether instituted by the owner or by any other proper party,
13 notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from
14 shall not affect the right of the owner to make the bona fide offer to sell referred to above. No
15 offer to sell shall be made more than one year after a final decision by the governing body, but
16 thereafter the owner may renew his request to the governing body to approve the razing or
17 demolition of the historic landmark, building or structure. The time schedule for offers to sell
18 shall be as follows: three months when the offering price is less than $25,000; four months
19 when the offering price is $25,000 or more but less than $40,000; five months when the offering
20 price is $40,000 or more but less than $55,000; six months when the offering price is $55,000 or
21 more but less than $75,000; seven months when the offering price is $75,000 or more but less
22 than $90,000; and twelve months when the offering price is $90,000 or more.
23 4. The governing body is authorized to acquire in any legal manner any historic area,
24 landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in
25 the opinion of the governing body should be acquired, preserved and maintained for the use,
26 observation, education, pleasure and welfare of the people; provide for their renovation,
27 preservation, maintenance, management and control as places of historic interest by a department
28 of the county or municipal government or by a board, commission or agency specially
29 established by ordinance for the purpose; charge or authorize the charging of compensation for
30 the use thereof or admission thereto; lease, subject to such regulations as may be established by
31 ordinance, any such area, property, lands or estate or interest therein so acquired upon the
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1 condition that the historic character of the area, landmark, building, structure or land shall be
2 preserved and maintained; or to enter into contracts with any person, firm or corporation for the
3 management, preservation, maintenance or operation of any such area, landmark, building,
4 structure, land pertaining thereto or interest therein so acquired as a place of historic interest;
5 however, the county or municipal government shall not use the right of condemnation under this
6 subsection unless the historic value of such area, landmark, building, structure, land pertaining
7 thereto, or estate or interest therein is about to be destroyed.
8 B. Notwithstanding any contrary provision of law, general or special, in the City of
9 Portsmouth no approval of any governmental agency or review board shall be required for the
10 construction of a ramp to serve the handicapped at any structure designated pursuant to the
11 provisions of this section.
12 Drafting note: This section is relocated to Article 7 as § 15.2-2306.
13
14 § 15.1-503.4. Public notice of juvenile residential care facilities in certain localities.
15 In any county, city or town without an applicable zoning ordinance, the local governing
16 body may provide by ordinance that any party desiring to establish a public or private detention
17 home, group home or other residential care facility for children in need of services or for
18 delinquent or alleged delinquent youth must first provide public notice and participate in a public
19 hearing in accordance with § 15.1-431.
20 Drafting note: This section is relocated in Article 1 as § 15.2-2207.
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