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INDEX
Counties,
Cities and Towns
Passed
P
HB61
Courthouses; construction
and repair. Requires a panel to determine that a danger to health,
welfare, and safety of court employees or the public exists before a judge
can issue an order requiring a county or city to construct a new courthouse
or to repair or secure an existing courthouse.
Patron - Morgan
P
HB106
Posting of certain
statement. Authorizes boards of supervisors and city or town
councils to post prominently in a conspicuous place in their primary local
government administrative building for all citizens to read the phrase
"In God We Trust," which is the national motto of the United States pursuant
to 36 U.S.C. § 186 (1999). In addition, the Office of the Attorney
General is required to intervene on behalf of local governments and to
provide legal defense of this provision. An enactment clause authorizes
local governments to accept contributions in cash or in-kind from any
person (defined to include individuals, companies, organizations, and
other legal entities) to defray the costs of implementing this provision.
Patron - Marshall, R.G.
P
HB124
Mandatory provisions
of subdivision ordinances. Clarifies that "such facilities" refers
to facilities specifically mentioned in the statute.
Patron - Hull
P
HB182
Local advisory boards;
compensation. Raises the amount that localities can compensate
members of advisory boards from $50 to $75 for regular meetings, not to
exceed one meeting per month. Also, localities may provide compensation
for training.
Patron - Parrish
P
HB185
Tree canopy bank.
Provides that certain localities may by ordinance provide for
an off-site tree canopy bank to meet a portion of a development's tree
canopy requirements in instances where its local ordinance allows for
reasonable exceptions to or deviations from standard tree canopy requirements
during the development process. This bill is identical to SB 76.
Patron - Parrish
P
HB225
Liens for local
water and sewer charges; Goochland County. Allows Goochland County
to provide that charges for water or sewers or use thereof shall be a
lien on the real estate served by such waterline or sewer. Where residential
rental real estate is involved, no lien shall attach (i) unless the user
of the water or sewer services is also the owner of the real estate or
(ii) unless the owner of the real estate negotiated or executed the agreement
by which such water or sewer services were provided to the property.
Patron - Janis
P
HB227
Service districts;
property assessment. Provides that any locality imposing a tax
pursuant to service district authority may base the tax on the full assessed
value of the taxable property within the service district, notwithstanding
any special use value assessment of property within the service district
for land preservation, provided the owner of such property has given written
consent. This bill is identical to SB 275.
Patron - Janis
P
HB344
Open-space special
districts. Allows local governments to create, by ordinance,
a service district with the authority to acquire interests in real property
in order to preserve open-space land. Currently, such service districts
are limited to purchasing development rights that are to be dedicated
as easements for conservation and open-space purposes.
Patron - Albo
P
HB346
Clustering of single-family
dwellings so as to preserve open space. Provides that a locality
may provide in its zoning or subdivision ordinance standards, conditions
and criteria for clustering of single-family dwellings and the preservation
of open space developments. In establishing such standards, conditions
and criteria, the governing body may include any provisions it determines
appropriate to ensure quality development, preservation of open space
and compliance with its comprehensive plan and land use ordinances. If
proposals for clustering of single-family dwellings and the preservation
of open space developments comply with the locality's adopted standards,
conditions and criteria, the development and open space preservation shall
be permitted by right under the local subdivision ordinance. The implementation
and approval of the cluster development and open space preservation shall
be done administratively by the locality's staff and without a public
hearing. No local ordinance shall require that a special exception, special
use, or conditional use permit be obtained for such developments. However,
any such ordinance may exempt developments of two acres or less. In any
instance where the proposed density is greater than the density permitted
in the applicable land use ordinance, the locality may continue to require
approval of a special exception, special use permit, conditional use permit
or rezoning. Localities that currently provide for clustering of simple-family
dwellings upon approval of a special exception shall have until July 1,
2004, to comply with the provisions of this bill.
Patron - Albo
P
HB349
Immunity from annexation.
Prohibits cities from commencing an annexation under provisions
allowing property owner-initiated annexations. Such actions are currently
prohibited by the annexation moratorium imposed under § 15.2-3201.
Patron - Rapp
P
HB377
Service districts;
nuisance animals. Allows the Town of Front Royal, through its
service district, to construct, maintain and operate facilities, equipment
and programs as may be necessary or desirable to control, eradicate and
prevent the infestation of rats and removal of skunks and the conditions
that harbor them.
Patron - Athey
P
HB474
Volunteer inspectors
in certain cities. Allows the City of Chesapeake to utilize supervised
trained and qualified volunteers to issue notices of noncompliance for
certain types of property maintenance and zoning violations. Currently,
only the City of Virginia Beach has such authority.
Patron - Suit
P
HB477
Advertisement of
zoning amendments. Amends the existing advertisement requirements
for certain zoning amendments to include changes to the applicable zoning
ordinance text regulations affecting use or development density.
Patron - Suit
P
HB479
Boards of zoning
appeals. Allows an alternate member of the board to be appointed
for votes in which a regular member will have to abstain.
Patron - Suit
P
HB495
Preliminary subdivision
plat approval. Provides that once a preliminary subdivision plat
is approved, it shall be valid for a period of five years, provided the
subdivider (i) submits a final subdivision plot for all or a portion of
the property within one year of such approval and (ii) thereafter diligently
pursues approval of the final subdivision plot.
Patron - Orrock
P
HB566
Mutual aid agreements
for law enforcement. Allows localities and other law-enforcement
entities in noncontiguous localities, excluding agencies of state-supported
institutions of higher learning, to enter into mutual aid agreements.
The current law requires entities to have contiguous boundaries. This
bill is identical to SB 493 and HB 894.
Patron - Byron
P
HB588
Transportation district
commissions. Provides that the bonds of such commissions shall
be filed with the Department of the Treasury's Division of Risk Management
rather than the Comptroller.
Patron - Reid
P
HB619
Middle Peninsula
Chesapeake Bay Public Access Authority Act. Allows the Counties
of Essex, Gloucester, King William, King and Queen, Mathews, Middlesex,
and the Towns of West Point, Tappahannock and Urbanna by resolution to
declare that there is a need for a public access authority to be created.
If an operating agreement is developed for the purpose of establishing
or operating a public access authority for any such localities, these
localities may form the Middle Peninsula Chesapeake Bay Public Access
Authority (Authority). The Authority's duties shall include: 1. Identifying
land, either owned by the Commonwealth or private holdings that can be
secured for use by the general public as a public access site; 2. Researching
and determining ownership of all identified sites; 3. Determining appropriate
public use levels of identified access sites; 4. Developing appropriate
mechanism for transferring title of Commonwealth or private holdings to
the Authority; 5. Developing appropriate acquisition and site management
plans for public access usage; 6. Determining what holdings should be
sold to advance the mission of the Authority; and 7. Performing other
duties required to fulfill the mission of the Authority. The Authority
shall be governed by a board of directors with authority to (i) acquire,
establish, construct, enlarge, improve, maintain, equip, operate and regulate
any public access site within the territorial limits of the participating
political subdivisions; (ii) construct, install, maintain, and operate
facilities for managing access sites; (iii) determine fees, rates, and
charges for the use of its facilities; (iv) apply for and accept gifts
or other financial assistance; (v) appoint, employ or engage such officers
and employees as may be necessary or appropriate, and to fix their duties
and compensation; (vi) contract with any participating political subdivision
for such subdivision to provide legal services, engineering services,
depository and investment services; and (vii) borrow money and incur debt.
Whenever it shall appear to the Authority that the need for the Authority
no longer exists, the Authority, or in the proper case, any such subdivision,
may petition the circuit court of a participating political subdivision
for the dissolution of the Authority.
Patron - Morgan
P
HB735
Route 28 transportation
improvement districts. Allows property to be included in multiple
districts, authorizes the Commonwealth Transportation Board to receive
and disburse funds from transportation improvement districts under agreements
entered into pursuant to the Public Private Transportation Act of 1995,
and eliminates the procedure for abolishing districts through petition
by owners of land within the districts.
Patron - Black
P
HB847
Local government
attorney. Allows such attorneys to be paid at an hourly rate
and recover reasonable expenses.
Patron - Stump
P
HB868
Solid waste disposal
fees; discounts for seniors and disabled. Provides authority
for Wise County (described by population) to discount solid waste fees
for persons aged 60 years or older and disabled persons based on ability
to pay.
Patron - Phillips
P
HB894
Mutual Aid Agreements
for Law Enforcement. Allows localities and other law-enforcement
entities in non-contiguous localities, excluding agencies of state-supported
institutions of higher learning, to enter into mutual aid agreements.
The current law requires entities to have contiguous boundaries. This
bill is identical to SB 493 and HB 566.
Patron - McDougle
P
HB939
Virginia Indoor
Clean Air Act. Prohibits smoking in any part of the interior
of any public elementary, intermediate, and secondary school. Present
law allows smoking in certain designated areas after student activities
have been concluded.
Patron - Morgan
P
HB977
Appointment of boards
of zoning appeals. Adds localities in the fifteenth circuit to
those where the board of zoning appeals may be appointed by the chief
judge of the circuit court rather than by the circuit court generally.
Patron - Pollard
P
HB990
Industrial development
authorities. Clarifies that whenever an IDA is given authority
to finance through bonds, it may also refinance such bonds. Also, the
City of Richmond is given authority to call its IDA an economic development
authority. This bill is identical to SB 432.
Patron - Hall
P
HB993
Revocation of special
exceptions. Clarifies that a board of zoning appeals may only
revoke a special exception that has been granted by the board of zoning
appeals, and that a governing body that issues special exceptions may
revoke such special exceptions in the same manner as the board of zoning
appeals.
Patron - Councill
P
HB994
Land use applications;
delinquent taxes. Includes building permits and erosion and sediment
control permits as types of permits that localities may issue subject
to payment of delinquent real estate taxes.
Patron - Councill
P
HB1031
Designation of police
to enforce trespass violations. Grants lessees, custodians, and
persons lawfully in charge of real property authority to designate the
local law-enforcement agency as a "person lawfully in charge of the property"
for the purpose of forbidding another to go or remain upon the property.
Current law only gives this authority to owners of real property.
Patron - Moran
P
HB1072
Hampton Roads Sports
Facility Authority. Continues numerous provisions within the
act creating the Authority by changing the sunset date from January 1,
2002, to January 1, 2005, but that bonds shall be issued only upon approval
by the National Hockey League or National Basketball Association of a
team to be located in the City of Norfolk. The purpose of the Authority
is to facilitate the attraction and operation of a National Basketball
Association or National Hockey League franchise. Additional changes clarify
that a temporary facility may be treated the same as the permanent facility
for the purposes of certain tax benefits. This bill is identical to SB
580.
Patron - Jones, J.C.
P
HB1078
County manager plan;
employee benefits. Allows any county with the county manager
plan of government (currently, only Arlington County), to provide for
the use of funds, other than state funds, to provide grants for county
and school board employees to purchase or rent residences, for use as
the employee's principal residence, within the county.
Patron - Brink
P
HB1094
County manager plan;
applicant preemployment information. Allows Arlington County
to require applicants for county employment to submit to fingerprinting
and a criminal records check.
Patron - Brink
P
HB1174
Dual office holding
by local officers. Allows dual office holding by a part-time
assistant attorney for the Commonwealth with the consent of the respective
attorneys for the Commonwealth and the Compensation Board.
Patron - Hogan
P
HB1178
Notice of zoning
amendments. Provides that if the provisions of a recorded plat
or final site plan, which was specifically determined by the governing
body, and not its designee, to be in accordance with the zoning conditions
previously approved, conflict with any underlying zoning conditions of
such rezoning approval, the provisions of the recorded plat or final site
plan shall control, and the zoning amendment notice requirements of §
15.2-2204 shall be deemed to have been satisfied.
Patron - Hull
P
HB1180
Residency requirements.
Extends a sunset clause from July 1, 2002, to July 1, 2004, thereby
allowing the Cities of Hopewell and Petersburg to continue using residency
as a basis for participation in local police or fire cadet programs or
local homesteading programs.
Patron - Ingram
P
HB1189
Mandatory connection
to water and sewage systems. Adds Buckingham County, Halifax
County, and Nelson County to those counties with authority to require
connection to their water and sewage systems by owners of property that
may be served by such systems.
Patron - Abbitt
P
HB1190
Release of performance
guarantees. Requires that should a governing body, an administrative
agency, the Virginia Department of Transportation, or other political
subdivision choose to inspect any proposed public facility constructed
by a subdivider or developer that is the subject of any performance guarantee
required by the governing body or the Virginia Department of Transportation,
the inspection shall be based solely upon conformance with the terms and
conditions of the performance agreement.
Patron - Hull
P
HB1282
Deputies, appointees
and employees of constitutional officers; political activities. Provides
that no locality shall prohibit deputies, appointees and employees of
county and city treasurers, sheriffs, attorneys for the Commonwealth,
clerks of circuit courts and commissioners of revenue from participating
in political activities while off duty, out of uniform and not on the
premises of their employment with the locality. Existing law extends this
provision to firefighters, emergency medical technicians and law-enforcement
officers.
Patron - Ingram
P
HB1299
Nonconforming use;
manufactured housing. Provides that the nonconforming use statute
shall not be construed to prevent removal of a valid nonconforming manufactured
housing unit from property and replacement of that unit with another comparable
manufactured housing unit that meets current HUD standards. Such replacement
unit shall retain the valid nonconforming status of the prior unit.
Patron - Jones, J.C.
P
HB1301
Certification of
law-enforcement officers. Extends from July 1, 2001, to July
1, 2003, the date by which all entry level law-enforcement officers, in
order to obtain certification, shall successfully complete statewide certification
examinations developed and administered by the Department of Criminal
Justice Services.
Patron - Griffith
P
HB1343
Regional criminal
justice training academies. Authorizes the Division of Capitol
Police to become a party to an agreement creating an academy or to join
an existing academy.
Patron - Sherwood
P
SB76
Tree canopy bank.
Provides that any locality with a population density of at least
75 persons per square mile may by ordinance provide for an off-site tree
canopy bank to meet a portion of a development's tree canopy requirements
in instances where its local ordinance allows for reasonable exceptions
to or deviations from standard tree canopy requirements during the development
process. This bill is identical to HB 185.
Patron - Colgan
P
SB181
Moratorium on city
annexation and county immunity notices and proceedings. Provides
that, beginning July 1, 2004, cities may undertake annexation proceedings
and counties may request immunity from annexation when actual appropriations
to local governments for law-enforcement expenditures are less than the
amount statutorily required.
Patron - Trumbo
P
SB215
County manager plan;
applicant preemployment information. Requires applicants for
employment with Arlington County to submit to fingerprinting and a criminal
records check. The bill also requires the county to notify the applicant
if information obtained from the Central Criminal Records Exchange contributes
to denial of the applicant.
Patron - Ticer
P
SB234
Affordable housing.
Grants Albemarle County greater flexibility in administration
of its affordable dwelling program by placing the County's authority under
the broader enabling provisions currently applying only to Fairfax County,
Loudoun County and Arlington County. The bill also eliminates the population
bracket reference to Loudoun County and inserts a reference by county
name.
Patron - Hanger
P
SB248
Municipal deed restriction
on certain property in Virginia Beach. Clarifies that "municipal
recreational purposes" include entering into a public-private partnership
for improvements to any golf course located on tracts that were conveyed
to the City by the Commonwealth.
Patron - Stolle
P
SB269
Contracting for
provision of water and waste services. Provides that localities
and water and waste authorities may contract for, and contract to provide,
meter reading, billing and collections, leak detection, meter replacement
and any related customer service functions.
Patron - Puckett
P
SB275
Service districts;
property assessment. Provides that any locality imposing a tax
pursuant to service district authority may base the tax on the full assessed
value of the taxable property within the service district, notwithstanding
any special use value assessment of property within the service district
for land preservation, provided the owner of such property has given written
consent. This bill is identical to HB 227.
Patron - Stosch
P
SB276
Localities incurring
obligations for school improvement; tenants in common with school boards.
Makes the local governing body of a locality a tenant in common
with the local school board in instances where the locality has incurred
a multi-year financial obligation to fund the acquisition, construction
or improvement of public school property. Created by operation of law,
such tenancy in common arises when the local governing body incurs the
financial obligation, and terminates upon the payment of the obligation
in full. No recordation of any deed of conveyance is required by this
bill. These provisions shall not confer to the local governing body any
additional powers over school board decisions relative to school board
property. The bill further allows the local governing body to elect, by
resolution, not to acquire tenancy in common to some or all public school
property in the locality. The bill provides for an emergency enactment.
Patron - Stosch
P
SB300
Granting franchises
for operation of vehicular ferry transportation systems. Provides
that the authority of localities for the granting of franchises shall
include the authority to grant an exclusive franchise for the operation
of a vehicular ferry transportation system in Northumberland County. The
locality may regulate such systems, including the establishment of fees
and rates.
Patron - Chichester
P
SB359
Solid waste depositories;
localities' authority; penalties. Grants all localities the authority
to limit the use of waste depositories or receptacles, owned or maintained
by the locality, to the disposal of garbage and other solid waste originating
from within the boundaries of such locality. Any locality adopting such
an ordinance may provide penalties for its violation.
Patron - Reynolds
P
SB363
Volunteer inspectors
in certain cities. Allows the Cities of Chesapeake and Richmond
to utilize supervised trained and qualified volunteers to issue notices
of noncompliance for certain types of property maintenance and zoning
violations. Currently, only the City of Virginia Beach has such authority.
Patron - Blevins
P
SB369
Competitive purchasing;
schools. Requires the governing body of a county to obtain the
approval of the school board before including the school board in the
county's centralized competitive purchasing of supplies.
Patron - Blevins
P
SB406
Sheriffs' processing
fee. Provides that any county or city may by ordinance authorize
a sheriff to impose a processing fee not to exceed $25 on any individual
admitted to the county or city jail following conviction. The fee shall
be ordered as a part of court costs collected by the clerk and shall be
used by the local sheriff's office to defray the costs of processing arrested
persons into local jails.
Patron - Rerras
P
SB432
Industrial development
authorities. Clarifies that whenever an IDA is given authority
to finance through bonds, it may also refinance such bonds. Also, the
City of Richmond is given authority to call its IDA an economic development
authority This bill is identical to HB 990.
Patron - Marsh
P
SB492
Economic development
authorities. Adds Bedford County to those localities that may
choose to refer to their industrial development authority as an economic
development authority.
Patron - Newman
P
SB493
Mutual aid agreements
for law enforcement. Allows localities, and other law-enforcement
entities in non-contiguous localities, excluding agencies of state-supported
institutions of higher learning, to enter into mutual aid agreements for
the use of law-enforcement forces. The current law requires entities to
have contiguous boundaries. This bill is identical to HB 566 and HB 894.
Patron - Newman
P
SB510
Police retirement
system; Fairfax County. Increases from five to seven the number
of members on the policemen's pension and retirement board for any county
having the executive form of government and modifies the required make-up
of such board. The bill also contains some technical amendments.
Patron - Saslaw
P
SB576
Northern Virginia
Transportation Authority. Revises statutory provisions dealing
with the Northern Virginia Transportation Authority by substituting provisions
recommended by the Joint Subcommittee Studying Creation of a Northern
Virginia Regional Transportation Authority (the "Barry Commission") for
2001 legislation that created the Authority.
Patron - Barry
P
SB580
Hampton Roads Sports
Facility Authority. Continues
numerous provisions within the act creating the Authority by changing
the sunset date from January 1, 2002, to January 1, 2005, but that bonds
shall be issued only upon approval by the National Hockey League or National
Basketball Association of a team to be located in the City of Norfolk.
The purpose of the Authority is to facilitate the attraction and operation
of a National Basketball Association or National Hockey League franchise.
Additional changes clarify that a temporary facility may be treated the
same as the permanent facility for the purposes of certain tax benefits.
This bill is identical to HB 1072.
Patron
- Rerras
P
SB589
Local recycling
and waste disposal; civil penalties. Authorizes localities
to provide civil penalties for the unauthorized use of or failure to
use solid waste management facilities and appurtenances for the collection,
management, recycling and disposal of solid waste, recyclable materials,
and other refuse. Current law states only that localities may provide
"penalties" for such unauthorized or failed usage. The bill also precludes
localities from bringing both criminal and civil charges against an
individual for the same offense.
Patron - Wagner
P
SB593
Local control
of firearms. Provides that a statute that does not refer to
firearms or ammunition shall not be construed to provide express authorization
for localities to regulate firearms. From and after January 1, 1987,
no locality shall adopt any ordinance, resolution, or motion, nor take
any administrative action governing the purchase, possession, transfer,
ownership, carrying or transporting of firearms, ammunition, or components
or combination thereof other than those expressly authorized by statute.
The bill provides a locality is not prohibited from adopting workplace
rules relating to "terms and conditions of employment."
Patron - Hanger
P
SB652
Noise attenuation
standards. Provides that in addition to subdivision plans,
all recorded surveys and final site plans must include a statement giving
notice that the property either partially or wholly lies within an airport
noise overlay zone. The bill also contains a technical amendment
Patron - Blevins
P
SB660
Southside Virginia
Tourism Development Authority. Establishes a tourism development
authority for the West Piedmont and the Southside Planning District
Commissions. The Authority shall inventory attractions and events and
market, promote, expand and develop the tourism industries of these
tobacco-producing localities as a whole. The Authority shall have the
power to (i) borrow money and to accept contributions, grants and other
financial assistance from the United States of America and agencies
or instrumentalities thereof, the Commonwealth, or any political subdivision,
agency, or public instrumentality of the Commonwealth; (ii) formulate
a tourism development and marketing agenda for each locality in the
West Piedmont and Southside Planning District Commissions; (iii) receive
and expend moneys on behalf of tourism marketing and development; and
(iv) coordinate the individual tourism efforts of the localities who
choose to be members of the Authority.
Patron - Hawkins
P
SB679
Virginia Regional
Industrial Facilities Act. Amends the Act by making a number
of technical changes and clarifications to provisions related to board
vacancies, alternate board members, board meetings, loans, and the issuance
and validity of bonds.
Patron - Trumbo
Failed
F
HB93
Commission on
Local Government; regulations for disclosure of highway improvement
costs. Requires the Commission to promulgate regulations that
require each locality to disclose to each commercial building permit
applicant that the applicant may be responsible for certain highway
improvement costs. The Commission shall develop a disclosure form that
shall be signed by every commercial building permit applicant.
Patron - Dudley
F
HB121
Clustering of
dwellings. Requires localities to include in their subdivision
and zoning ordinances provisions allowing the clustering of single-family
detached dwellings on lots of lesser size so as to preserve open space.
No ordinance shall require that a special use permit be obtained for
such clustering. This bill is incorporated into HB 346.
Patron - Hull
F
HB166
Civil penalties
for zoning violations. Raises the civil penalty for subsequent
zoning violations from $150 to $250. Also, specified violations arising
from the same operative set of facts may be charged once every five
days rather than 10 days, and the maximum civil penalty of $3,000 is
changed to $5,000.
Patron - Petersen
F
HB204
Impact fees for
residential development. Provides that certain high-growth
localities may adopt an ordinance providing for payment of impact fees
for residential development. The impact fee shall be in an amount representing
the proportional total or partial cost of capital improvements reasonably
related to the transportation, education, and public safety needs for
public facilities generated by the additional residential development.
No impact fee shall be assessed unless the capital improvements related
to the additional development have been included in the locality's capital
improvement program. All impact fees collected shall be used by the
locality for the purpose of completing capital improvements specified
in the ordinance.
Patron - Cole
F
HB205
Partial release
of certain performance bonds by localities. Provides that when
localities make partial releases of performance bonds, such partial
releases shall not exceed fifty percent of the original amount until
sufficient public uses are established for acceptance, unless a maintenance
agreement and indemnifying bond have been posted in accordance with
subdivision 5 of § 15.2-2241.
Patron - Cole
F
HB206
Adequate public
facilities. Provides that in any high-growth locality, a zoning
ordinance may include reasonable provisions allowing the locality to
determine whether public facilities are adequate to support the services
that will be required under the new zoning classification. Approval
of a proposed rezoning may be made contingent upon a finding by the
governing body of adequate public facilities. However, such locality's
comprehensive plan shall clearly identify public facility needs in a
given area prior to disapproval of such zoning request.
Patron - Cole
F
HB207
Adequate public
facilities. Provides that in any high-growth locality, a subdivision
ordinance may include reasonable provisions allowing the locality to
determine whether public facilities are adequate to support the services
that will be required by a new subdivision. Approval of a proposed subdivision
may be made contingent upon a finding by the governing body of adequate
public facilities. However, such locality's comprehensive plan shall
clearly identify public facility needs in a given area prior to disapproval
of such subdivision request.
Patron - Cole
F
HB262
Licensing of all-terrain
vehicles. Allows localities to license all-terrain vehicles,
prescribe a licensing fee, and dispose of such vehicles that remain
unclaimed after 30 days.
Patron - McQuigg
F
HB376
Service districts;
eradication of nuisance animals. Allows service districts to
control and eradicate rats, skunks and other nuisance animals, and the
conditions that harbor them.
Patron - Athey
F
HB481
Nonconforming
uses. Reduces from two years to six months the period of time
that the use of a nonconforming sign may be discontinued before losing
its valid nonconforming use status.
Patron - Suit
F
HB483
Public comment
at meetings of governing bodies and school boards. Requires
governing bodies and school boards to provide a reasonable opportunity
for members of the public to comment on matters of concern prior to
taking official action.
Patron - Suit
F
HB496
Downzoning of
property under use value assessment. Provides that when the
owner of property requests and is granted a downzoning of property that,
at the time of the downzoning, was subject to a special use value assessment
pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title
58.1, the assessing locality shall, for a period of 10 years, for purposes
of valuation, assessment and taxation continue to treat such property
as if no change in use has occurred.
Patron - Orrock
F
HB603
Notice of rezoning.
Requires all rezoning notices to be sent by registered or certified
mail at least 21 days, rather than five days, prior to the public hearing.
Currently, if a proposed zoning amendment involves more than 25 parcels
of land, the notice may be sent by first-class mail. This bill is incorporated
into HB 477.
Patron - Black
F
HB750
Urban county executive
form of government; commission on human rights. Adds "sexual
orientation" as prohibited discrimination with regard to actions and
investigations by a human rights commission in a county that has adopted
the urban county executive form of government. Currently, only Fairfax
County has adopted such form of government.
Patron - Plum
F
HB976
Granting franchises
for operation of a vehicular ferry transportation systems. Provides
that the authority of localities for the granting of franchises shall
include the authority to grant an exclusive franchise for the operation
of a vehicular ferry transportation system in Northumberland County.
The locality may regulate such systems, including the establishment
of fees and rates.
Patron - Pollard
F
HB980
Bounties for coyotes
and groundhogs. Allows for localities to pay bounties, out
of any available funds, for the killing of groundhogs. Current law only
provides for bounties for killing coyotes.
Patron - Pollard
F
HB981
Revocation of
special exceptions. Clarifies that a governing body that issues
special exceptions may revoke such special exceptions in the same manner
as the board of zoning appeals. This bill is incorporated into HB 993.
Patron - Pollard
F
HB1063
Capital Region
Airport Commission. Adds one member from Petersburg and one
member from Dinwiddie County to the Commission.
Patron - Bland
F
HB1130
Mandatory connection
to water and sewage systems. Allows an owner of undeveloped
land located in a county with the authority to require connection to
the county's water system to elect to use a well for providing a supply
of water so long as such well meets applicable health requirements and
county ordinances. Such an owner choosing to use a well shall not be
required to pay a connection fee, a frontage fee, or a monthly nonuser
service charge. In addition, owners of a non-potable water source located
in a locality with mandatory water connection requirements may use such
water source for irrigation purposes. The bill also states that its
provisions shall not affect the rights and powers of Water and Waste
Authorities.
Patron - Bryant
F
HB1351
Preservation of
monuments and memorials. Provides that certain monuments or
memorials that are erected on public property of the Commonwealth or
any of its political subdivisions shall not be relocated, removed, disturbed
or altered. However, the Commonwealth and its political subdivisions
may temporarily relocate or remove a monument or memorial in order to
perform necessary construction or maintenance on streets, highways or
utilities. No street, bridge, structure, park, preserve, reserve, or
other public area of the Commonwealth or any of its political subdivisions
dedicated in memory of or named for any historic figure or historic
event may be renamed or rededicated. No person may prevent the public
body from taking proper measures and exercising proper means for the
protection, preservation, and care of these monuments, memorials, or
nameplates.
Patron - Reid
F
SB171
Compensation Board;
allowance for deputy sheriffs. Provides that the Compensation
Board shall increase its allowance for deputy sheriffs serving sheriffs
concurrently with the appointment of an additional judge to the general
district or circuit court served by such sheriff. This increase will
allow sheriffs to hire an additional full-time deputy sheriff concurrent
with the judicial appointment, with reimbursement from the Compensation
Board. The bill also provides that in subsequent fiscal years, the allowance
for deputy sheriffs for the respective sheriff's office shall provide
for the compensation of the additional full-time deputy sheriff.
Patron - Colgan
F
SB384
Grants for home
ownership. Allows localities to make grants of local funds
to employees of the locality or of the school board for the purchase
of a house, apartment or condominium in the locality. The house, apartment
or condominium purchased must be used as the principal residence of
the grant recipient.
Patron - Whipple
F
SB424
Possessing dangerous
weapons in certain county facilities; penalty. Provides that
the governing body of any county that has adopted the urban county executive
form of government may, by ordinance, make it unlawful for any person
to possess a dangerous weapon upon the property, including buildings
and grounds, of any county-owned or county-operated facility, violation
of the ordinance to be punishable as a Class 1 misdemeanor.
Patron - Byrne
F
SB427
County manager
plan; employee benefits. Allows any county with the county
manager plan of government (currently, only Arlington County) to (i)
provide for the use of funds, other than state funds, to provide incentives
for county and school board employees to purchase or rent residences
for use as the employee's principal residence within the county, and
(ii) offer health insurance benefits to other members of the county
employee's households, as defined by ordinance.
Patron - Ticer
F
SB443
Regulation of
commercial kennels. Requires localities adopting and enforcing
zoning ordinances to provide that prior to approval of construction
or expansion of any commercial kennel, a majority of property owners
residing within a 1,500-foot radius of the kennel shall be required
to approve of such use.
Patron - Williams
F
SB495
Civil penalties
for violations of certain local ordinances. Provides for civil
penalties, not to exceed $100 for a single violation and $3,000 for
multiple violations, for violations of certain local ordinances related
to removal of trash, cutting of weeds and the keeping of inoperable
motor vehicles.
Patron - Edwards
F
SB626
Local telecommunications
services. Allows a locality, electric commission or board,
industrial development authority, or economic development authority
in certain underserved areas to offer qualifying telecommunications
services, or enter into public-private partnerships to offer such qualifying
telecommunications services. A "qualifying telecommunications service"
is defined as a telecommunications service, that shall include but is
not limited to high-speed data service and Internet access service,
of general application, that is not otherwise generally and competitively
available in the geographic area in which the service will be offered
by an entity other than the county, city, town, electric commission
or board, industrial development authority, or economic development
authority. Such services may be provided only after approval by the
State Corporation Commission. This bill is incorporated into SB 245.
Patron - Hanger
F
SB630
Mandatory connection
to water and sewage systems. Provides that an owner of undeveloped
land, located in a county with the authority to require connection to
the county's water and sewer systems, may elect to use private systems
for providing a supply of water and for the disposal of sewage so long
as such systems meet the requirements of the Virginia Department of
Health. Such owner shall not be required to pay a connection fee, a
frontage fee, or a monthly nonuser service charge.
Patron - Hanger
Carried
Over
C
HB16
Local government
taxing authority. Equalizes city and county taxing authority
by granting counties the same authority available to cities and towns
through the uniform charter powers.
Patron - Hull
C
HB105
Conservation of
trees during localities' development. Adds to current law provisions
for the conservation and preservation of existing trees during the development
process in localities with a population density of at least 75 persons
per square mile.
Patron - Marshall, R.G.
C
HB122
Potomac Region
Transportation Development Authority. Creates the Potomac Region
Transportation Development Authority, representing the Counties of Arlington,
Fairfax, Loudoun, and Prince William, and the Cities of Alexandria,
Fairfax, Falls Church, Manassas, and Manassas Park. The Authority is
empowered to issue bonds in accordance with applicable law, including
the issuance of bonds and other evidences of debt, in order to finance
or assist in the financing of transportation projects undertaken pursuant
to the Public-Private Transportation Act of 1995 (§ 56-556 et seq.)
within one or more of the Potomac Region localities represented in the
Authority.
Patron - Hull
C
HB131
Local government
taxing authority. Equalizes city and county taxing authority
by granting counties the same authority available to cities and towns
through the uniform charter powers.
Patron - Darner
C
HB256
Rezoning property
to previous zoning designation in counties. Allows a county
to include in its zoning ordinance provisions that permit the county
to grant any rezoning with a condition requiring that an approved site
plan or final subdivision plan be obtained for the development within
a specified period of not less than 10 years. If no such approval is
obtained during the specified period, the county may rezone the property
to its previous zoning designation. If a county rezones such property
to its previous zoning designation, the county shall compensate the
property owner through use of a tax credit equal to the amount of excess
real estate taxes that the landowner has paid due to the higher zoning
classification.
Patron - McQuigg
C
HB271
Local outdoor
lighting standards and regulations. Grants all localities authority
to establish by ordinance outdoor lighting standards and regulations
for the purpose of controlling exterior illumination levels, incidence
of glare, light trespass or urban sky-glow, or for the purpose of conserving
energy.
Patron - Callahan
C
HB480
Mandatory connection
to public water and sewer; attorneys' fees in Virginia Beach. Provides
that when legal action is required to compel a property owner in Virginia
Beach to comply with any mandatory water and sewer connection ordinance,
a locality shall be entitled to recover its reasonable attorneys' fees
from hiring outside counsel in any action to compel such connection.
Patron - Suit
C
HB482
Disposal of trash
or cutting of weeds. Allows localities to prescribe civil penalties
for violations of ordinances related to the disposal of trash and the
cutting of grass and weeds.
Patron - Suit
C
HB608
Lighting level
ordinances; Augusta County. Grants Augusta County authority
to provide by ordinance for the regulation of maximum upward exterior
illumination levels of buildings and property zoned or used for commercial
or business purposes. Exceptions are made for outdoor advertising and
VDOT lighting.
Patron - Saxman
C
HB712
Virginia Shell
Building Initiative. Provides that the Virginia Economic Development
Partnership shall promulgate regulations whereby the state shall guarantee
the interest on a locality-owned shell building up to one million dollars
per year in economically stressed localities.
Patron - Armstrong
C
HB769
Restriction on
number of adults residing in a dwelling unit. Provides that
any locality may include in its zoning ordinance restrictions on the
number of adults residing in a dwelling unit based on the lot size and
the zoning category. Such an ordinance shall provide (i) exceptions
for the temporary presence of adults who have a legal residence elsewhere,
(ii) for at least three adults in any dwelling unit, (iii) for a cap
of no less than eight adults in any dwelling unit in an area zoned for
lots of one acre or larger; and (iv) that the provisions of such ordinance
do not apply to group homes and residential facilities as defined in
§ 15.2-2291.
Patron - Watts
C
HB996
Plat approval.
Requires the planning commission to identify all deficiencies
in a plat that cause disapproval and identify all modifications or corrections
as will permit approval of the plat. The local planning commission shall
act on any proposed plat within 45 days of submittal, rather than 60
days. The failure to act within 45 days or to state the reasons for
disapproval shall cause the plat to be deemed approved. The commission
shall act on any proposed plat that it has previously disapproved within
30 days after the plat has been resubmitted for approval.
Patron - McDonnell
C
HB1013
Grants for home
ownership. Allows localities to make grants of local funds
up to $3,000 to local employees for the purchase of a house, apartment
or condominium in the locality. The house, apartment or condominium
purchased must be used as the principal residence of the grant recipient.
Patron - Scott
C
HB1017
Prohibition on
possession of handguns in certain county-owned buildings; penalty. Provides
that any county with urban county executive form of government may,
by ordinance, make it unlawful for any person to possess a handgun in
any county-owned building, violation of the ordinance to be punished
as a Class 1 misdemeanor.
Patron - Scott
C
HB1212
Zoning; manufactured
housing. Provides, under certain circumstances, that certain
manufactured homes shall be deemed the same as site-built homes for
purposes of zoning regulatory standards.
Patron - Suit
C
HB1367
Zoning amendments.
Provides that no amendment to the zoning map shall be instituted
without the written consent of or just compensation to the landowner
whose property is the subject of such amendment.
Patron - Black
C
SB100
Local outdoor
lighting standards and regulations. Grants all localities authority
to establish, by ordinance, maximum outdoor lighting standards and regulations
for the purpose of controlling exterior illumination levels, incidence
of glare, light trespass or urban sky-glow. Such standards and regulations
shall not affect or be applied to agricultural or silvicultural operations.
The provisions of this act will expire on July 1, 2005.
Patron - Howell
C
SB475
Lighting level
regulations; City of Chesapeake. Grants the City of Chesapeake
authority to provide by ordinance for the regulation of maximum exterior
illumination levels of buildings and property. Such ordinances shall
not apply to agricultural or silvicultural activities, or to outdoor
advertising signs owned by a person licensed by the Department of Transportation.
Patron - Quayle
C
SB484
Conservation of
trees during localities' development. Increases current 20
percent tree canopy requirements for certain localities adopting local
tree conservation and replacement ordinances from 15 to 20 percent tree
canopy for residential sites zoned between 10 and 20 units per acre,
and from 20 to 30 percent for residential sites zoned for 10 or less
sites per acre. Permits localities to include tree conservation provisions
in their ordinance and sets forth requirements for such provisions.
Such tree conservation ordinances may include provisions for the reduction
of tree canopy requirements or the granting of tree cover credit in
consideration for the preservation of certain trees, and shall provide
for exceptions to and deviations from tree preservation requirements
where the locality determines the requirements would preclude or significantly
hinder uses otherwise allowed by the local zoning ordinance. Locality
may by ordinance disallow certain types of trees from being planted
to meet minimum tree canopy requirements. Provides that new law does
not invalidate 10-year minimum tree cover standards adopted by cities
established before 1780, or 20 minimum tree cover replacement standards
adopted by localities after July 1, 1990.
Patron - Howell
C
SB566
Dog recreation
facilities. Prohibits localities from establishing dog recreation
facilities within 1,500 feet of public elementary schools. "Dog recreation
facility" means any park, recreation facility or other property acquired
for public use and established for the primary purpose of allowing dog
owners or custodians to run dogs unrestricted or off-leash within the
confines of such facility.
Patron - Byrne
C
SB613
Inoperable motor
vehicles. Defines "shielded or screened from view," for purposes
of keeping inoperable vehicles, as shielded from ordinary public view
by means of a solid rigid six-foot opaque fence composed of standard
fencing materials, or a landscape arrangement of non-deciduous trees
or shrubs, sufficient in height, spacing, density, and circumference
to shield the vehicle, or any combination of fencing or landscaping
that meets this definition. "Shielded from ordinary public view" means
not visible by someone standing at ground level from outside of the
property on which the inoperable vehicle is located.
Patron - Trumbo
C
SB616
Alleghany Highlands
Economic Development Authority. Changes references to the City
of Clifton Forge to the Town of Clifton Forge to reflect the Town's
recent reversion. Also, provisions requiring contribution of a portion
of the machinery and tools tax are made optional for a period of two
years if Alleghany County and certain localities agree to commit resources
to economic development in an amount greater than or equal to that required
by current law.
Patron - Deeds
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