General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Counties, Cities and Towns

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Counties, Cities and Towns

Passed

P HB1375

Notice of annexation. In addition to current advertisement requirements, provides that at least 10 days' written notice be given to the owner or agent of each parcel subject to a proposed annexation under an agreement defining annexation rights.
Patron - Landes

P HB1475

Richmond-Henrico Metropolitan Area Commission. Repeals the Act of Assembly that established this Commission. The Commission was to have studied the feasibility of annexation of all or a part of the County of Henrico by the City of Richmond and also study the advantages and disadvantages of merging the County and the City. The Act of Assembly required that the Commission be appointed and meet no later than October 1, 1960. Since neither of these events has occurred, the Act of Assembly is obsolete. This legislation is a recommendation of the Virginia Code Commission.
Patron - Landes

P HB1516

Control of firearms by local ordinance. Provides that no person may be prosecuted or convicted of a violation of any ordinance regulating the possession, carrying, or transportation of a firearm if he is (i) in possession of the firearm not in violation of any provision of Title 18.2 and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise possessing, carrying, or transporting the firearm in a lawful manner. This provision was formerly limited only to transporting the weapon. The provisions applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.
Patron - Black

P HB1628

Southside Virginia Business and Education Commission. Abolishes the Southside Virginia Business and Education Commission. The Commission was established in 1991 to enhance the economic development of the Southside region for the benefit of all citizens of the Commonwealth. In 2002, the Council lost all its funding and staff. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Cox

P HB1664

Payments to volunteer rescue squads by localities. Provides that a locality may make appropriations of money to volunteer fire companies or rescue squads in an amount sufficient to enroll any qualified member of such volunteer fire company or rescue squad in any program available within the locality intended to defray out-of-pocket expenses for emergency ambulance transportation.
Patron - Cox

P HB1679

Meetings of the planning commission and board of zoning appeals. Provides that the planning commission and board of zoning appeals may by resolution fix the day to which any meeting shall be continued if weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting shall be conducted at the continued meeting and no further advertisement is required. This authority is similar to that which currently exists for local governing bodies.
Patron - Rapp

P HB1738

Economic development authorities. Adds the counties of Charles City, Greene, New Kent, and Patrick to those localities that may choose to refer to their industrial development authority as an economic development authority. This bill incorporates HB 1781, HB 2022, and HB 2583.
Patron - McDougle

P HB1752

Local "Crime Stoppers" programs. Grants authority for local "Crime Stoppers" programs. Such programs are defined as a private, nonprofit Virginia corporation governed by a civilian volunteer board of directors that is operated on a local or statewide level that (i) offers anonymity to persons providing information to the organization, (ii) accepts and expends donations for cash rewards to persons who report to the organization information about alleged criminal activity and that the organization forwards to the appropriate law-enforcement agency and (iii) is established as a cooperative alliance between the news media, the community, and law-enforcement officials. This bill is identical to SB 1032.
Patron - Parrish

P HB1767

Certain duties of the commissioner of the revenue and treasurer; extensions to complete work. Allows the Department of Taxation to extend the time of delivery of personal property books by the commissioner of revenue for good cause and upon written notice to the county or city treasurer and local governing body.
Patron - Nutter

P HB1788

Activities of former local officers and employees. Adds the City of Virginia Beach (described by population) to those localities that may prohibit former officers and employees from providing personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involving the City or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a city officer or employee through decision, approval, or recommendation.
Patron - Tata

P HB1805

Compliance with subdivision ordinance. Clarifies that in addition to fines of up to $500 for each lot or parcel of land that is subdivided, transferred or sold in violation of certain provisions of the subdivision ordinance, the owner shall continue to be required to comply with all provisions of the subdivision ordinance.
Patron - Carrico

P HB1808

Treasurer; City of Galax. Abolishes the elected office of the treasurer at the conclusion of the current term, January 1, 2006. All duties of the office shall be assumed by the City's Director of Finance. City voters, in a May 2002 referendum, voted to abolish the office.
Patron - Carrico

P HB1821

Replacement of manufactured housing. Amends the existing statute related to replacement of nonconforming manufactured housing to provide that either the landowner or homeowner may remove such nonconforming home and replace it with another comparable manufactured home. In a mobile or manufactured home park, a single-section home may replace a single-section home, and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single or multi-section, that meets the current HUD manufactured housing code.
Patron - Scott

P HB1851

Development of former federal areas. Allows an authority created from a former federal area to change the name of the authority from the name chosen by the Governor.
Patron - Lingamfelter

P HB1876

Water and sewer charges. Adds the City of Roanoke to the list of localities that may by ordinance provide that taxes or charges imposed for water or sewers or use thereof within or outside the locality shall be a lien on the real estate served by such waterline or sewer.
Patron - Thomas

P HB1881

Service districts. Expands the power of service districts to include the control of insects that may carry diseases that are dangerous to humans.
Patron - Amundson

P HB1885

Local government health insurance programs; volunteer fire and rescue company members. Authorizes any locality that provides a group health insurance program for its officers and employees to allow eligible members of approved volunteer fire or rescue companies, as determined by the locality, to participate in such program, subject to the eligibility criteria established by the locality. A participating volunteer shall pay the full cost of his participation in the health insurance program.
Patron - May

P HB1888

Civil penalties for zoning violations. Raises the maximum civil penalty for second and subsequent violations of the zoning ordinance from $150 to $250. The civil penalty for an initial summons remains unchanged at $100. Also, a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000, rather than the current total of $3,000.
Patron - May

P HB1967

Duties of the Commission on Local Government. Transfers the Commission on Local Government to the Department of Housing and Community Development and provides that the Director of the Department shall serve as the Executive Director of the Commission. Also, provisions related to certain voluntary agreements between localities are amended to clarify that such agreements shall be binding on future local governing bodies.
Patron - Athey

P HB1974

Installment payment of assessments for local improvements; interest. Clarifies that such interest rate shall not exceed the index of average yield on U.S. Treasury securities adjusted to a constant maturity of one year.
Patron - Athey

P HB1992

Fees for solid waste disposal. Restates a population bracket, originally intended to apply to Accomack County, based on 2000 census figures. The existing language authorizes certain counties to impose fees related to the disposal of solid waste. Accomack County is also granted additional authority related to charging and collecting the fee, such as fee prorating, late penalties, and discounts. This bill is identical to SB 1075.
Patron - Bloxom

P HB2031

Background checks in localities. Allows localities to require applicants for employment to submit to fingerprinting and to provide information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. If an applicant is denied employment because of information appearing in his criminal history record, the locality shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.
Patron - Petersen

P HB2058

Local codification of ordinances. Provides that at least one copy, rather than three copies, of any codification or recodification, and at least one copy, rather than three copies, of every supplement thereto shall be kept in the office of the clerk of the governing body and shall be available for public inspection during normal business hours.
Patron - Cole

P HB2104

Economic development authorities. Provides that the authority jointly created by the Town of South Boston and Halifax County may be named the Economic Development Authority of Halifax, Virginia, and specifies how appointments to such authority are to be made.
Patron - Hogan

P HB2118

County manager form of government; background checks. Provides that as a condition of employment, any applicant in such county who is offered or accepts employment at the county's water treatment facility after September 1, 2001, shall be required to submit to fingerprinting and to provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. If an applicant is denied employment because of the information appearing in his criminal history record, the county shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.
Patron - Reid

P HB2270

Local employee bonuses. Grants localities greater flexibility in the awarding of bonuses.
Patron - Rust

P HB2362

Repair of deteriorating buildings. Allows localities to prescribe civil penalties, not to exceed a total of $1,000, for violations of ordinances related to the repair of deteriorating buildings.
Patron - Shuler

P HB2373

Background checks required for certain local employees or licensees. Provides that certain localities shall require any (i) applicant who is offered or accepts employment with the locality or (ii) prospective licensee for any categories of license designated by ordinance to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's or licensee's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant or licensee. Such applicant or licensee shall pay the cost of the fingerprinting or a criminal records check or both. The Central Criminal Records Exchange, upon receipt of an applicant's or licensee's record or notification that no record exists, shall make a report to the locality. If an applicant is denied employment or a licensee is denied a license because of the information appearing in his criminal history record, the locality shall notify the applicant or licensee that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.
Patron - Sherwood

P HB2395

Volunteer firefighter and emergency medical technician tuition reimbursement. Provides that any locality may by ordinance establish and administer a tuition reimbursement program for eligible volunteer firefighters or emergency medical services personnel, or both, for the purposes of recruitment and retention.
Patron - May

P HB2406

Comprehensive plan; affordable housing. Requires localities, as part of their comprehensive plan, to designate areas and implement measures for the construction, rehabilitation and maintenance of affordable housing, that is sufficient to meet the current and future needs of residents of all levels of income in the locality.
Patron - Oder

P HB2423

Community development authorities. Declares that a community development authority is a public body and corporate and political subdivision of the Commonwealth.
Patron - Janis

P HB2429

Advisory Committee for the Regional Competitiveness Act. Abolishes an advisory committee to the Department of Housing and Community Development known as the Advisory Committee for the Regional Competitiveness Act. The Committee was established in 1996 to develop recommendations for the distribution of funds to be used to encourage and reward regional strategic economic development planning and joint activities. The Committee has not been very active, and the program is not funded for the 2002-2004 biennium. This bill is identical to SB 806 that was recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Hugo

P HB2473

Removal of abandoned nonconforming signs. Provides that a locality may order the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. This bill is identical to SB 820.
Patron - Crittenden

P HB2476

Disposal of trash or cutting of weeds. Allows localities to regulate the times and placement of waste and waste containers set out for collection. The bill requires the locality to notify the owner of the waste or waste container to allow removal prior to imposing a civil penalty.
Patron - Crittenden

P HB2505

Expenses incurred in responding to DUI incident. Expands current provisions allowing reimbursement of expenses incurred in responding to DUI incidents by adding incidents related to other serious traffic offenses such as reckless driving and driving on a suspended license.
Patron - Griffith

P HB2509

Plat approval. Requires the planning commission to make a good faith effort 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 previously disapproved plat within 45 days of resubmittal. A circuit court petition pursuant to this section shall be given first priority on the civil docket.
Patron - McDonnell

P HB2600

Disclosure of proffered cash payments and expenditures by localities. Excludes localities with a population of 3,500 or less from certain reporting requirements related to cash proffers. Also, localities will be required to break down reported information by category.
Patron - Hall

P HB2642

Community development authority. Reduces the minimum tract acreage size from 3000 to 250 acres for certain counties with a population of less than 50,000 that want to create a community development authority.
Patron - McDougle

P HB2647

Lighting level regulation; Augusta County. Allows Augusta County to regulate the maximum upward exterior illumination levels of buildings and property zoned or used for commercial or business purposes. Such ordinance shall only apply to lighting installed after the effective date of the ordinance and shall not affect or be applied to agricultural or silvicultural operations, utility companies, facilities owned by the Department of Corrections, to lighting regulated by the Uniform Statewide Building Code or to premise security lighting for certain multi-family residential or commercial office buildings.
Patron - Cline

P HB2694

Voluntary settlements among local governments; acceptance of proffers. Allows certain localities to include provisions for the acceptance of proffered conditions on behalf of other localities pursuant to voluntary settlement agreements.
Patron - Hargrove

P HB2702

Mandatory connection to water and sewage systems in certain counties. Adds Wythe County to the list of counties that may require mandatory connection to their water and sewage systems by certain owners of property that may be served by such systems, but that may not charge a nonuser service charge.
Patron - Carrico

P HB2707

Community centers in certain towns. Allows any town in which a private movie theater has not been in operation for three years to operate a community center that includes a movie theater for the exhibition of motion pictures produced expressly for commercial exhibition.
Patron - Stump

P HB2715

Discount for early payment of taxes. Allows localities to establish discounts for the early payment of taxes.
Patron - Phillips

P HB2716

Auxiliary police forces. Allows the use of certain auxiliary police forces to transport prisoners with the concurrence of the sheriff.
Patron - Phillips

P HB2807

Transferring the property, duties, rights, and contractual obligations of the trustees of any unincorporated area commonly referred to as a town to the board of supervisors of the county in which the area is located. Transfers the property, duties, rights, and contractual obligations of trustees to the board of supervisors of the county where the area is located, confirms that any such unincorporated area is part of the county in which it is located, and provides that the trustees shall be deemed to have completed their terms of service and be dissolved.
Patron - Rapp

P HB2834

Biennial election of county supervisors in Gloucester County; initial terms. Allows Gloucester County to stagger the terms of its at-large members of the board of supervisors.
Patron - Morgan

P SB696

Jail processing fee. Authorizes the collection of jail processing costs incurred by a regional jail pursuant to a local ordinance. The General Assembly authorized these fees in 2002 applicable to local sheriffs' offices to defray the costs of processing arrested persons.
Patron - Deeds

P SB765

Southside Virginia Development Authority. Abolishes the Southside Virginia Development Authority. The Authority was established in 1992 to enhance the economic development of the Southside region of the Commonwealth and to provide financial support for the purchase of real estate construction of buildings, the installation of utilities, and other improvements. The Authority is not currently funded, and the Board has met since its organizational meeting. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Ruff

P SB806

Advisory Committee for the Regional Competitiveness Act. Abolishes an advisory committee to the Department of Housing and Community Development known as the Advisory Committee for the Regional Competitiveness Act. The Committee was established in 1996 to develop recommendations for the distribution of funds to be used to encourage and reward regional strategic economic development planning and joint activities. The Committee has not been very active, and the program is not funded for the 2002-2004 biennium. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to HB 2429.
Patron - Martin

P SB820

P SB823

Economic development authorities. Adds New Kent County to those localities that may choose to refer to their industrial development authority as an economic development authority.
Patron - Norment

P SB850

Local government group self-insurance pools. Corrects a reference to State Corporation Commission regulations regarding the investment of a group self-insurance pool's assets. The existing reference to regulations for group self-insurance workers' compensation plans is outdated, as the Commission promulgated specific regulations concerning the investment of local government self-insurance pools in 1987.
Patron - Miller, Y.B.

P SB904

Southeastern Public Service Authority of Virginia. Amends the original act creating the Southeastern Public Service Authority of Virginia to add the County of Isle of Wight to the list of cities that are authorized to contract obligations over a period of more than one year to guarantee indebtedness of the Authority. Pursuant to Article VII, § 10(b) of the Constitution of Virginia, the County of Isle of Wight has elected to be treated as a city for purposes of Article VII, § 10(a) regarding the issuance of bonds. The bill also authorizes the Authority to indemnify and hold harmless purchasers of Authority-owned interests in property for certain liabilities when the Authority leases back such property.
Patron - Quayle

P SB967

Board of zoning appeals. Provides that in the case of an appeal from the board of zoning appeals to the circuit court, from an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, the decision of the board shall be presumed correct. The appealing party may rebut the presumption by proving by a preponderance of evidence that the board erred in its decision. Current case law provides that a decision of the board is presumed to be correct and can be reversed or modified only if the trial court determines that the board applied erroneous principles of law or was plainly wrong and in violation of the purposes and intent of the zoning ordinance. The bill further provides that in the case of an appeal from any decision of the board that denied an application for a variance or an application for a special exception, there shall be a presumption that the decision of the board is correct, but the petitioner may rebut that presumption by showing to the satisfaction of the court that the board applied erroneous principles of law, or where the discretion of the board is involved, that the decision was plainly wrong and in violation of the purpose and intent of the zoning ordinance.
Patron - Watkins

P SB973

Virginia Regional Industrial Facilities Act. Redefines "facility" to include any structure or park, including real estate and improvements for manufacturing, warehousing, distribution, office, or other industrial or commercial purposes. Currently, the Act limits "facility" to industrial parks used for these purposes. The bill also grants such authorities the power to enter into certain cooperative arrangements.
Patron - Trumbo

P SB981

Public Finance Act; appeals from bond validation proceedings. Allows appeals from circuit court bond validation proceedings if a notice of appeal is filed with the circuit court within 15 days of the final judgment and if a petition if filed with the Supreme Court of Virginia within 30 days of the final judgment. Currently, a petition must be filed with the Court within 15 days of the final judgment. The bill shifts the burden from appellant to the clerk of the circuit court for transmitting a certified copy of the circuit court record to the Supreme Court of Virginia within 30 days of the final judgment when a notice of appeal is properly filed. The bill clarifies that failure of the clerk to do so will not affect the jurisdiction of the Supreme Court to hear the appeal.
Patron - Mims

P SB982

Public Finance Act; applicability. Provides that the provisions of the Public Finance Act apply to all suits, actions and proceedings involving the validity of bonds of any "instrumentality" of localities. The Act currently applies to any agency or instrumentality of the Commonwealth, but not of localities.
Patron - Mims

P SB990

Condemnation; reimbursement of property taxes. Directs localities in condemnation proceedings to reimburse owners of real property, or other person legally obligated to pay the real property taxes, for the pro rata portion of real property taxes paid for the period of time subsequent to the date of title vesting in the locality or the effective date of possession of such real property by the locality, whichever is earlier.
Patron - Mims

P SB1013

Conservation of trees during localities' development. Amends current provisions that allow localities to provide by ordinance for the planting and replacement of trees during the development process. Such tree conservation ordinances shall include provisions for the reduction of tree canopy requirements or the granting of tree cover credit in consideration for the preservation of certain trees. Localities may designate certain types of undesirable trees that shall not be used to meet minimum tree canopy requirements. The bill also provides that the 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

P SB1018

Economic development authorities. Adds Patrick County to those localities that may choose to refer to their industrial development authority as an economic development authority.
Patron - Reynolds

P SB1032

P SB1047

Economic development authorities. Adds Greene County to those localities that may choose to refer to their industrial development authority as an economic development authority.
Patron - Hanger

P SB1066

Disposal of trash or cutting of weeds. Allows localities to prescribe civil and criminal penalties for violations of ordinances related to the disposal of trash and the cutting of grass and weeds. The penalties may be up to $50 for the first violation and up to $200 for subsequent violations within one year of the first violation. Total civil penalties shall not exceed $3,000 in a 12-month period. These penalties are in lieu of criminal penalties, except that localities may prescribe a Class 3 misdemeanor in the event of three civil assessments against the same defendant in a 24-month period. The bill adds these same provisions to the laws authorizing localities to restrict or remove inoperable motor vehicles on residential or commercial property.
Patron - Maxwell

P SB1075

P SB1168

Mandatory connection to water and sewage systems in certain counties. Adds Bland County to the list of counties that may require mandatory connection to their water and sewage systems by owners of property that may be served by such systems and further provides that Bland County, in assuming the obligations of a public service authority, may assume such obligations under the same conditions as applicable to the public service authority.
Patron - Puckett

P SB1174

Buchanan County Tourist Train Development Authority. Creates the Authority and its board, which will consist of two representatives from the governing body of Buchanan County, five citizen members, three of whom shall be from Buchanan County, and one legislator. The Authority's powers are similar to those that other authorities possess. The Authority may also cooperate with any private or governmental entity in the state of West Virginia, Kentucky, Tennessee, or North Carolina in the development of a tourist train.
Patron - Puckett

P SB1189

Economic development authorities. Permits the Virginia Beach City Council to appoint 11 rather than seven commissioners to the economic development authority.
Patron - Wagner

P SB1193

Regulation of stormwater. Allows localities to provide full or partial waivers of stormwater storm drainage and facilities fees to any person who develops, redevelops or retrofits outfalls, discharges or property so that there is a permanent reduction in post-development stormwater flow and pollutant loading. Under current law, such waivers are available only to persons who have obtained permits from the Department of Environmental Quality (DEQ) for complete private maintenance of storm drainage and stormwater facilities. Such permits apply only to city and county stormwater systems serving more than 100,000 people, or to companies that have stormwater discharges entering streams directly from industrial facilities. This bill is intended to provide more flexibility to localities in encouraging development that reduces stormwater drainage in instances that are not currently subject to DEQ permitting requirements.
Patron - Wagner

P SB1244

Industrial development authorities; Russell County. Allows Russell County to appoint nine members to its industrial development authority, rather than seven, with two of the members coming from a town that has used its borrowing capacity to borrow $2 million or more for industrial development.
Patron - Puckett

P SB1291

Industrial development authorities; bonds. Clarifies the role of the board of directors in approving the terms of bonds.
Patron - Stosch

P SB1295

Failed

F HB1397

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

F HB1538

Adequate public facilities. Allows any locality with a population of at least 55,000 and an annual growth rate of at least one percent for three of the previous five years to adopt provisions in its subdivision ordinance for deferring the approval of subdivision plats or site plans when it determines that existing schools, roads, public safety, sewer or water facilities are inadequate to support the proposed development. Such deferrals cannot extend beyond 12 years, and applicants are entitled to approval of subdivision plats during the deferral period at the lowest density permitted in the locality for any zoning district.
Patron - Marshall, R.G.

F HB1539

Adequate public facilities. Allows any locality with a population of at least 55,000 and an annual growth rate of at least one percent for three of the previous five years to adopt provisions in its subdivision ordinance for deferring the approval of subdivision plats or site plans when it determines that existing schools, roads, public safety, sewer or water facilities are inadequate to support the proposed development. Applicants are entitled to approval of subdivision plats during the deferral period at the lowest density permitted in the locality for any zoning district. The bill specifies that any appraisal of property subject to a deferral under this subsection shall reflect the effect of such deferral on the fair market value of the property.
Patron - Marshall, R.G.

F HB1540

F HB1544

Road impact fees. Eliminates the contingent expiration date on road impact fee authority and removes the prohibition on assessing road impact fees upon a development if certain proffered conditions have previously been accepted by a locality.
Patron - Marshall, R.G.

F HB1578

Maximum occupancy of certain dwellings. Provides that any locality that has a population greater than 30,000, and has an established program to provide low-income housing through a trust fund or other rental housing program, may adopt an ordinance that provides that the occupancy limitations of the maintenance provisions of the Uniform Statewide Building Code shall apply to dwelling units within the jurisdiction, except that such ordinance may require that habitable spaces such as kitchens, living rooms, dining rooms and family rooms shall not be occupied for sleeping purposes or used in calculating the maximum occupancy of the building.
Patron - Parrish

F HB1581

Control of firearms by localities. Deletes provisions that allow localities to enforce certain ordinances adopted prior to 1987, related to control of firearms.
Patron - Cole

F HB1676

Local limitations as to number of tattoo parlors and body-piercing salons. Provides that any locality may reasonably limit the number of tattoo parlors and body-piercing salons that may be operated at any one time within its territorial limits. This is similar to existing authority related to limiting the number of pawnshops that may exist in a locality.
Patron - Petersen

F HB1699

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. However, a county may not rezone the property if the rezoning would adversely impact the terms of a loan that the property owner has obtained at least one year prior to a proposed county-initiated rezoning. 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

F HB1729

Chesapeake Bay Resource Protection Areas; density credits. Provides that a locality shall not grant a density credit to a developer during the zoning process or in connection with any other land use matter if the land in question is part of a Chesapeake Bay Resource Protection Area as determined by localities pursuant to Chesapeake Bay Preservation Act regulations.
Patron - Albo

F HB1781

Economic development authorities. Adds Charles City County to those localities that may choose to refer to their industrial development authority as an economic development authority.
Patron - Miles

F HB1799

Vested rights; manufactured housing. Limits the circumstances under which certain valid nonconforming manufactured housing units that have been removed from property may be replaced with another comparable manufactured housing unit to instances where removal is caused by fire or act of God and replacement is made within 60 days of the event that caused such removal.
Patron - Jones, D.C.

F HB1803

Appointments to planning commissions and boards of zoning appeals. Provides that no member of a planning commission or board of zoning appeals may be a member of the governing body or a member of the administrative branch of the locality, and no father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a member of the governing body or administrative branch may, during his term in office, be appointed as a member of the planning commission or board of zoning appeals.
Patron - Carrico

F HB1975

Assessments for local improvements. Provides that the Town of Front Royal (described by population) may impose taxes or assessments upon the owners of abutting property for constructing, improving and paving to the town's standards roads that have been in existence and use since prior to 1978 and that do not meet the town's standards for acceptance and maintenance, provided not less than 50 percent of such abutting property owners who own not less than 50 percent of the property abutting such street request the improvement or paving.
Patron - Athey

F HB1984

Referendum in Page County on election of the county chairman from the county at large. Provides that on or before August 15, 2003, the circuit court for Page County shall order a referendum to be held on the question of whether the qualified voters of the county shall elect a chairman of the board of supervisors from the county at large to serve as chairman and as an additional member of the board. The referendum shall be held at the time of the 2003 November general election. If a majority of the voters voting in the referendum vote in favor of the election of a chairman at large, the first election for a chairman shall be held at the November 2004 general election, and the candidate elected shall serve for a term of three years. Thereafter, the chairman shall be elected for a four-year term beginning with the November 2007 general election.
Patron - Louderback

F HB2022

F HB2039

Adequate public facilities; residential development impact fees. Allows localities to adopt provisions in subdivision ordinances for the assessment of impact fees when existing schools, roads, public safety, sewer or water facilities are inadequate to support a proposed residential development. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any such assessment, the locality shall have in place a capital facilities plan that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. Localities may only assess impact fees under this subdivision against persons constructing five or more residential structures per calendar year in such locality.
Patron - Marshall, R.G.

F HB2040

Subdivision ordinances; road impact fees. Allows localities in the Eighth Planning District to adopt in their subdivision ordinances provisions for the payment by a subdivider or developer of land, or by a subsequent owner of such development, of a pro rata share of the costs of reasonable and necessary off-site road improvements attributable to the traffic impacts caused by any free-standing retail store that has at least 100,000 square feet in retail floor space, and that generates a daily average of at least 46 vehicle trips per hour on weekdays. Such provisions may apply to new and existing developments.
Patron - Marshall, R.G.

F HB2041

Subdivision ordinances; road impact fees. Allows localities to adopt in their subdivision ordinances provisions for the payment by a subdivider or developer of land, or by a subsequent owner of such development, of a pro rata share of the costs of reasonable and necessary off-site road improvements attributable to the traffic impacts caused by any free-standing retail store that has at least 100,000 square feet in retail floor space, and that generates a daily average of at least 46 vehicle trips per hour on weekdays. Such provisions may apply to new and existing developments.
Patron - Marshall, R.G.

F HB2055

Suspension of water and sewer connections. Provides that a locality or a water and waste authority may suspend connections to its water and sewer systems during periods when mandatory water conservation measures have been imposed by the locality or by the Commonwealth in the area of the proposed connection.
Patron - Cole

F HB2057

Road impact fees. Extends the current sunset clause from July 1, 2003, to July 1, 2004, and caps the maximum road impact fee that a locality can charge at $10,000 or five percent of the sale price of each individual home or building within the development, whichever is less. Road impact fee authority currently only applies to the localities of Northern Virginia and Stafford County.
Patron - Cole

F HB2112

Nonconforming buildings and land uses. Provides that when a building is so situated on a lot that it violates a zoning requirement of a locality that prescribes the location of such a building in relation to the boundaries of the lot or when a building is situated on a lot that violates a zoning requirement of a locality that prescribes the minimum area of the lot, and when such building has been so situated for at least 10 years without the institution of an action to enforce such zoning requirement, such building shall be deemed a valid nonconforming building in relation to such boundaries or to the area of such lot, as the case may be. Further amendments provide that when a use of certain land or buildings on parcels that are 15 or more acres is not permitted by the zoning ordinance of a locality but has been established and continued in reasonable reliance on the actions of the locality, and have been in existence for 20 years without the institution of court action to enforce the ordinance regarding the use, such use shall be deemed a valid nonconforming use and may be continued.
Patron - Barlow

F HB2119

Criminal history record information for employees involved with the provision and operation of the public water supply. Allows localities to require criminal history record information on employees hired after September 11, 2001, who are involved with providing and operating the public water supply.
Patron - Reid

F HB2129

Mandatory connection to water and sewage systems in certain counties. Adds Montgomery County to the list of counties that may require mandatory connection to their water and sewage systems by owners of property that may be served by such systems.
Patron - Nutter

F HB2215

Permanent manufactured houses. Defines a permanent manufactured house as a manufactured home, as defined in § 36-85.3, that meets the following criteria: (i) is new; (ii) is multi-sectioned; (iii) is owned by the owner of the lot where the house is to be placed; (iv) has a minimum width of 24 feet; (v) has a minimum 5/12 roof pitch; (vi) is on an individual lot; (vii) is on a permanent foundation of brick or block set in mortar or dry stacked masonry piers with surface bonding and with masonry skirting; and (viii) has a finished floor area that is no less than 80 percent of the average finished floor area of all single-family residential structures within a one-half mile radius of the lot on which the house is to be placed. Localities adopting and enforcing zoning ordinances shall provide that any permanent manufactured house meeting the criteria of this section shall be permitted in at least two residential zoning districts that are not specifically designed or designated for permanent manufactured houses and subject to the same zoning regulatory standards applicable to a site-built, single-family dwelling within such zoning district or districts. Such regulatory standards shall not have the effect of excluding permanent manufactured housing from the locality. Local zoning ordinances adopting provisions consistent with this section shall not relieve lots or parcels from the obligations relating to permanent manufactured housing units imposed by the terms of a recorded declaration containing conditions, covenants or restrictions in any restrictive covenant. The provisions of this section shall not supersede any provisions in any historic district created pursuant to § 15.2-2306.
Patron - Suit

F HB2242

Restriction on number of adults residing in a dwelling unit. Provides that any locality may pass an ordinance limiting the number of adults residing in a dwelling unit. Such an ordinance shall include exceptions for: (i) the temporary presence of adults who have a legal residence elsewhere; (ii) adult children, stepchildren, grandchildren, and step-grandchildren; (iii) the parents and stepparents and the grandparents and step-grandparents of adult children; and (iv) caregivers who provide assistance with two or more activities of daily living during more than half the year for another adult residing in the dwelling unit. The provisions of such ordinance shall not apply to certain group homes and residential facilities. Violations of such an ordinance shall be a civil offense.
Patron - Watts

F HB2271

Cutting of grass and weeds. Broadens local authority with regard to the cutting of grass, weeds and foreign growth by expanding existing authority to include occupied property. Also, localities are given authority to impose civil penalties for violations of such provisions. A section containing similar provisions applicable to certain counties is repealed.
Patron - Rust

F HB2338

Condemnation powers. Permits localities to obtain possession of land prior to the completion of a condemnation proceeding for sidewalks along public streets and roads and for walkways leading to public transportation facilities.
Patron - Reese

F HB2354

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

F HB2420

Urban county executive form of government; commission on human rights. Adds "sexual orientation" as prohibited discrimination and for action against such discrimination by a human rights commission in a county with the urban county executive form of government (Fairfax County.)
Patron - Plum

F HB2475

Human rights ordinances. Allows the City of Newport News to prohibit discrimination on the basis of sexual orientation.
Patron - Crittenden

F HB2583

F HB2589

Attorneys for the Commonwealth; assistants. Authorizes that, beginning July 1, 2003, the attorney for the Commonwealth in any city or county that requires assistants to the attorney for the Commonwealth to serve on a full-time basis to allow such assistants to engage in the part-time practice of law, provided that such part-time practice of law does not include criminal defense or any activity that would create a conflict of interest for the office of such attorney for the Commonwealth.
Patron - Armstrong

F HB2591

Zoning; water resources. Provides that the general purpose of promoting the health, safety or general welfare of the public shall explicitly include the authority, through zoning, subdivision, site plan and building permit actions, to regulate, restrict, permit, prohibit and determine the uses of land based upon the present availability of drinking water resources and upon objective measures of future water resource availability.
Patron - Pollard

F HB2640

Centralized competitive purchasing by counties. Provides that school boards are to be included in counties' centralized competitive purchasing system only by mutual agreement.
Patron - Reese

F HB2714

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 - Hargrove

F HB2755

Annexation moratorium for towns. Provides for a five-year annexation moratorium for towns. Such a moratorium currently exists for cities until July 1, 2010. Any annexation initiated, but not finalized, by a town prior to July 1, 2003, shall be stayed until July 1, 2008.
Patron - Phillips

F HB2756

Towns may provide certain telecommunications services. Provides that a town may provide and operate telecommunication and related services, including without limitation cable television, Internet, and such other services as the town by its council shall determine are necessary or expedient to its citizens and may acquire, own, and operate all properties necessary and expedient to the provision of such services. Towns may establish, impose, and enforce rates and charges for such services that are operated, rendered, or furnished by the town.
Patron - Phillips

F HB2794

Rezoning of certain residential property. Allows high-growth localities to reduce the intensity or density of a residential zoning classification, including rezoning to a nonresidential use, on a property that has not begun significant development within eight years of being zoned for residential use.
Patron - Barlow

F HB2813

Monuments or memorials for war veterans. Expands existing protections for such monuments to include those erected by the Commonwealth.
Patron - Nixon

F SB781

Regulation of outdoor lighting near public waterways. Allows localities east of the fall line to regulate by ordinance outdoor lighting near public waterways so as to minimize glare and water surface reflections that may interfere with the ability of boat operators to maintain visual contact with illuminated navigation aids. The ordinance may require property owners near public waterways to shield their outdoor lighting on piers, wharves, port facilities, outdoor structures, bridges, and other property features. Property zoned or used for industrial or agricultural purposes is excluded from such ordinances.
Patron - Blevins

F SB843

Criminal justice training academies. Requires criminal justice training academies to provide all graduates with the publication "Police, Crimes and Offenses and Motor Vehicle Laws of Virginia."
Patron - Quayle

F SB888

Quorum of a local governing body. Provides that, notwithstanding any other provision of law, general or special, a majority of the governing body shall constitute a quorum. However, at its annual organizational meeting, a governing body may, by affirmative vote of a majority of elected members, choose a quorum of greater than a simple majority with such greater quorum requirement effective only until the following year's annual organizational meeting.
Patron - Ruff

F SB964

Urban county executive form of government; possessing dangerous weapons in certain county-owned or county-operated facilities; penalty. Provides that notwithstanding certain provisions of general law, the governing body of any county that has adopted the urban county executive form of government (Fairfax County) may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any county-owned or county-operated facility. Any such ordinance shall provide for appropriate exemptions for educational, instructional, theatrical, and historical events. Any such ordinance shall not apply to public streets, roads, or highways that are within such a county, but such an ordinance may be made applicable to the access roads and parking areas for the facilities that are subject to the ordinance. Notice of any such ordinance shall be posted at each public entrance of every county facility that is within the scope of the ordinance. A violation of such an ordinance shall be punishable as a Class 1 misdemeanor.
Patron - Byrne

F SB968

Adequate public facilities related to water supply. Provides that a subdivision ordinance may include reasonable provisions allowing the locality to determine whether public facilities related to water supply are adequate to support the services that will be required by a proposed subdivision. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) public facilities related to water supply whose adequacy will be used in making such determination; (ii) areas of potential growth where such provisions are applicable; and (iii) existing public facilities related to water supply and public facility needs in those potential growth areas.
Patron - Houck

F SB1022

F SB1029

F SB1070

Hampton Roads Sports Facility Authority. Makes several amendments to address an issue raised by the 2002 Code Commission. Chapters 651 and 689 of the 2002 Acts of Assembly were not fully printed in the 2002 State Code due to the 2002 Code Commission's opinion that these chapters were partially ineffective because the enacting legislation did not include an emergency retroactive clause. The 2002 Code Commission was of the opinion that an emergency retroactive clause needed to accompany Chapters 651 and 689 in order to prevent the sunset of certain provisions on January 1, 2002. This 2003 bill is substantively identical and would have the same effect as the provisions of Chapter 651 and 689 of the 2002 Acts of Assembly. The provisions of the bill will sunset on January 1, 2005, if the Authority has not executed a lease with a team that is a member of the National Hockey League or the National Basketball Association.
Patron - Rerras

F SB1072

Commissioners of the revenue. Authorizes commissioners of the revenue, when so requested by their local governing bodies, to enter into agreements with the Commissioner of the Department of Motor Vehicles (DMV) to act as agents of DMV in certain matters. Such agreements are not to include issuance of or processing of applications for driver's licenses, commercial driver's licenses, temporary driver's permits, learner's permits, motorcycle learner's permits, or special identification cards.
Patron - Rerras

F SB1111

Local government taxing authority. Equalizes city and county taxing authority by granting counties the same authority available to cities.
Patron - Whipple

F SB1126

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 proposed subdivision. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) public facilities whose adequacy will be used in making such determination; (ii) areas of potential growth where such provisions are applicable; and (iii) existing public facilities and public facility needs in those potential growth areas. Approval of a proposed subdivision may be made contingent upon a finding by a governing body of adequate public facilities. However, such locality's current comprehensive plan shall clearly identify public facility needs in a given area prior to disapproval of any subdivision request based upon the provisions of this subdivision. If a governing body finds that public facilities are inadequate to support the services that will be required by a proposed subdivision, and delays the proposed subdivision solely for that reason, the proposed subdivision shall be delayed only until such time as the governing body determines that public facilities are adequate. For purposes of this bill, high-growth locality means a locality that has had an annual growth rate in excess of one percent for at least three of the previous four years and has a population of at least 48,000.
Patron - Norment

F SB1175

F SB1262

Inoperable motor vehicles. Requires localities to allow at least three inoperable motor vehicles to be kept on residential or commercial property provided they are shielded from ordinary public view.
Patron - Trumbo

F SB1292

Adequate public facilities. Allows any locality to adopt provisions in its subdivision ordinance for deferring the approval of subdivision plats or site plans when it determines that existing schools, roads, public safety, sewer or water facilities are inadequate to support the proposed development. Such deferrals cannot extend beyond 12 years, and applicants are entitled to approval of subdivision plats during the deferral period at the lowest density permitted in the locality for any zoning district. The bill specifies that any appraisal of property subject to a deferral under the bill shall reflect the effect of such deferral on the fair market value of the property. A locality may also consider the adequacy of public facilities in the preparation of its zoning ordinance. Also, the purposes of zoning ordinances are amended to include protection against undue rate of development in relation to existing or available public facilities.
Patron - Byrne

F SB1297

Northern Virginia Transportation Program Bond Act of 2003. Authorizes the Northern Virginia Transportation Authority to issue bonds in an aggregate principal amount not to exceed $1 billion to complete and implement certain transportation projects included in the Northern Virginia Transportation Program Bond Act of 2003. In general, the first $50 million available for allocation in each fiscal year to the Northern Virginia construction district shall be credited to a special nonreverting fund in the state treasury titled the Northern Virginia Transportation Authority Fund, for use by the Authority. Moneys in the Fund shall be used solely for paying the costs to complete and implement such transportation projects including, but not limited to, the costs associated with issuing bonds and other obligations and with entering into contracts or other agreements as provided under the Act.
Patron - Colgan

F SB1299

School security officers. Provides that local school boards that established school security officers before 1998 may continue to employ school security officers as special police officers or conservators of the peace for maintaining safety in the public schools.
Patron - Marsh

F SB1301

Outdoor lighting standards. Allows localities by ordinance to establish outdoor lighting standards. Such ordinance shall apply only to new outdoor lighting and shall not require the replacement of a lighting system or fixture installed prior to the effective date of the ordinance. The ordinance shall not require any person or business to install outdoor lighting. Illumination levels specified in the ordinance may be tied to the most current standards and recommended practices established by the Illumination Engineering Society of North America but shall not be lower than such current standards and recommended practices. The ordinance shall contain the following exemptions from lighting standards: (i) lighting associated with maintenance or construction performed by the Virginia Department of Transportation; (ii) emergency lighting, used by, or at the direction of, police or fire-fighting, public service company, or emergency medical personnel; (iii) all lighting fixtures associated with agricultural activities; (iv) lighting used to illuminate a flag; (v) decorative holiday lighting; and lighting regulated by the Uniform Statewide Building Code.
Patron - Whipple

F SB1311

Special police officers. Provides that in any county with an environmental enforcement unit, the circuit court for such county may, upon the application of, and a showing by the governing body of a necessity for the security of property or the peace, appoint special police officers for that locality.
Patron - Deeds

F SB1347

Southside-Southwest Fiber Optic Network Authority. Creates the Southside-Southwest Fiber Optic Network Authority for the purpose of developing a fiber optic network to serve persons in the Southside region. The Authority will be governed by an 11-member board of directors, a majority of whom will also be members of the Tobacco Indemnification and Community Revitalization Commission. The Authority's powers include (i) issuing bonds, (ii) leasing capacity to retail providers of broadband and other telecommunications services, and (iii) applying for and accepting grants or loans of money or property from the Tobacco Indemnification and Community Revitalization Endowment.
Patron - Hawkins

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