General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Counties, Cities and Towns

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Counties, Cities and Towns

Passed

P HB52

Bedford Joint Economic Development Authority. Allows the Bedford Joint Industrial Development Authority to be named the Bedford Joint Economic Development Authority, or such other name as the governing bodies of the City of Bedford and Bedford County shall choose.
Patron - Putney

P HB141

Referendum in Page County on election of the county chairman from the county at large. Provides that the circuit court of the County shall order a referendum on the question of whether there should be a chairman of the county board of supervisors elected at large. If a majority of the qualified voters voting in such referendum vote in favor of the election of a county chairman of the board of supervisors from the county at large, beginning at the next general election for the board of supervisors, the county chairman shall be elected for a term of four years.
Patron - Louderback

P HB240

Regional Industrial Facility Authority. Grants localities in which a facility owned by an authority is located greater flexibility to direct that tax revenue collected with respect to the facility shall be remitted to the authority.
Patron - Nutter

P HB300

Donations by localities. Allows localities to make donations to any nonprofit organization providing recreational or daycare services to persons 65 years of age or older.
Patron - Ware, R.L.

P HB303

Reimbursement of certain traffic incident expenses. Raises from $100 to $250 the flat fee that localities may seek from a person convicted of violating certain traffic-related offenses in order to reimburse the locality for providing an appropriate emergency response to any accident or incident related to such violation. The bill provides that costs for firefighting, rescue and emergency medical services may be ordered as restitution.
Patron - Fralin

P HB417

Ready access to proffer cash payments and expenditures reports. Requires the local Conditional Zoning Index to provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the local governing body for the Commission on Local Government. The bill also requires the local zoning administrator to update the Conditional Zoning Index annually and no later than November 30 of each year.
Patron - Lingamfelter

P HB434

County manager plan of government; budget, constitutional officers and easements. Amends the county manager plan of government (currently applying only to Arlington County) to (i) clarify the county manager's budget reporting duties, (ii) extend certain housing benefits to employees of constitutional officers, and (iii) grant the county manager authority to acquire certain temporary construction easements on behalf of the board.
Patron - Brink

P HB438

Abatement of nuisances; liens. Provides that charges imposed by municipalities related to abatement of nuisances shall constitute a lien against the property ranking on a parity with liens for unpaid local taxes. A locality may waive such liens in order to facilitate the sale of the property under certain circumstances.
Patron - Suit

P HB484

Permits to sell or purchase pistols or revolvers in counties. Repeals provision that authorized counties to require a permit for the sale and purchase of revolvers and requires that any records created pursuant to that provision that are in the custody of a county be destroyed no later than July 31, 2004. As passed, this bill is identical to SB 227.
Patron - Cole

P HB530

Control of firearms; applicability to authorities and local governmental agencies. Removes the grandfather clause that allows localities to enforce ordinances governing firearms that were passed before January 1, 1987, and affirmatively declares that any local ordinances adopted prior to January 1, 1987, are invalid. The bill also removes language relating to the purchase of handguns that would allow a more stringent local ordinance relating to purchase or transfer of firearms adopted prior to January 1, 1987, to supersede state law relating to purchase or transfer. This change is necessary because the bill would invalidate any such local ordinance. This bill incorporates HB 483.
Patron - Hogan

P HB533

Buchanan County Tourist Train Development Authority. Increases the membership of the authority's board from eight to 22 members and permits the authority to borrow money and to accept contributions, grants, and other financial assistance from any private person, foundation or financial institution.
Patron - Stump

P HB601

Inspection of water supplies. Changes the requirement that localities test the public water supply for the presence of methyl tertiary-butyl ether (MTBE) by requiring the test to be done annually rather than quarterly. MTBE is a synthetic compound used as an oxygenate in reformulated gasoline (RFG) to help reduce air pollution, and has been found to enter the water supply by leaking from faulty underground storage tanks. The State Board of Health may establish an alternate testing schedule for certain waterworks where annual testing is not otherwise required.
Patron - Dudley

P HB679

Removal of nonconforming abandoned signs. Provides that any locality may, by ordinance, require certain abandoned nonconforming signs to be removed by the owner of the property on which the signs are located, if notified by the locality to do so. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the locality through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property.
Patron - Rapp

P HB683

Industrial development authorities. Allows any locality to refer to its industrial development authority as an economic development authority.
Patron - Rapp

P HB714

Zoning adjacent to military bases, military installations, and military airports. Requires localities to give written notice to the commander of any military base, military installation, or military airport that is within 3,000 feet of a proposed comprehensive plan or zoning change. Also, such installations are added to the list of items that a locality may include in its comprehensive plan and protection against encroachment against such installations is added as a purpose of zoning ordinances.
Patron - Oder

P HB715

Provisions of a subdivision ordinance. Clarifies provisions related to conveyance of easements to franchised cable television operators and public service corporations.
Patron - Oder

P HB717

Missing child reports. Requires that local law-enforcement agencies enter descriptive information about a missing child into the Virginia Criminal Information Network and National Crime Information Center systems, forward the report to the Missing Children Information Clearinghouse maintained by the State Police, notify other local law-enforcement agencies, and initiate an investigation within two hours of receiving a report of a missing child. Currently, the law requires that this be done "immediately," but does not define what this means. The amendment clarifies that "immediately" means in no case more than two hours within receipt of the report.
Patron - Shannon

P HB737

Water and sewage systems. Adds Franklin 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 and 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 - Dudley

P HB744

Virginia Coalfield Economic Development Authority. Expands the powers of the Authority to engage in economic development marketing and business attraction activities and to pay from the Authority's funds any and all expenses incurred in connection with such economic development marketing and business attraction activities.
Patron - Stump

P HB812

Sale of military grave markers prohibited; civil penalty. Provides that any person who sells or offers for sale any military grave marker of one or more deceased persons who served in the military service of the Commonwealth, the United States, or any of the states thereof, shall be assessed a $100 civil penalty payable to the Literary Fund. The provisions do not apply to the sale if the grave marker was (i) conveyed with real property to which it remains affixed, (ii) sold or offered for sale following manufacture or fabrication and prior to initial installation or dedication, or (iii) lawfully acquired. The bill has an effective date of January 1, 2005.
Patron - Eisenberg

P HB819

Notice of zoning amendment. Provides that when a proposed amendment of the zoning ordinance involves a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved.
Patron - Drake

P HB820

Condemnation of lands within adopted conservation or redevelopment plans. Provides that after the adoption of a conservation or redevelopment plan, should any property located within the area of the conservation or redevelopment plan be downzoned without the expressed consent of the property owner, and should the locality initiate condemnation proceedings against that owner after any such downzoning, the date of valuation shall be the date of adoption of the conservation or redevelopment plan. If the property located within a conservation or redevelopment plan was downzoned without the expressed consent of the property owner within a period of five years prior to the adoption of the conservation or redevelopment plan, and if such downzoning was not part of a comprehensive rezoning of the locality, then, if the locality should initiate condemnation proceedings within five years after the adoption of the conservation or redevelopment plan against the same owner who owned the property at the time of the downzoning, the date of valuation shall be the day before the date the property was downzoned.
Patron - Drake

P HB827

Home-ownership assistance. Allows that a locality may by ordinance provide for the use of funds, other than state funds, for grants to assist employees of the locality to purchase residences in such locality. The residences shall be the primary residence of any employee receiving such grants or loans and individual grants shall not exceed $5,000 per employee.
Patron - Drake

P HB874

Affordable housing. Adds the City of Alexandria to the list of localities with authority to provide for an affordable housing dwelling unit program under § 15.2-2304.
Patron - Van Landingham

P HB911

Tourism Development Authority. Authorizes the Tourism Development Authority to form corporations, limited partnerships or limited liability companies for the purposes of fostering or promoting tourism, job creation, economic development, or the sale of goods manufactured and produced in Virginia. The Authority was established in 1993 for the LENOWISCO and Cumberland Plateau Planning District Commissions to promote, expand and develop tourism industries in that coal-producing region.
Patron - Phillips

P HB919

Water and sewer authorities; conduits for fiber optic cable. Permits water and sewer authorities to install, own and lease pipe or conduit for purpose of carrying fiber optic cable provided that certain conditions are met.
Patron - Phillips

P HB931

Meetings of governing bodies. Provides that any city or town that holds an organizational meeting in compliance with its charter or code shall be deemed to be in compliance with general law provisions. The provisions of this act shall apply to the actions of all city and town councils beginning July 1, 1997.
Patron - Marshall, D.W.

P HB934

Constitutional officers; employment. Allows a constitutional officer to hire an employee without readvertising if the initial advertisement ran within 120 days. The current time limit is 60 days.
Patron - Marshall, D.W.

P HB963

Exterior lighting regulation; James City County. Allows James City 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, certain outdoor advertising signs, temporary VDOT construction or maintenance, utility companies, facilities owned by the Department of Corrections, lighting regulated by the Uniform Statewide Building Code or to premises security lighting for certain multi-family residential or commercial office buildings. Any lighting installed prior to the effective date of the ordinance shall not be treated as nonconforming. The provisions of the bill expire if not acted upon by July 1, 2006.
Patron - Barlow

P HB988

Urban County executive form of government; disclosures in land use proceedings. Amends provisions requiring certain disclosures in land use proceedings in any county with the urban county executive form of government (Fairfax County) by lowering the current $200 gift threshold to any gift or donation having a value of more than $100, singularly or in the aggregate during a 12 month period. The provisions do not take effect until January 1, 2005, and do not apply to applications for a special exception, variance, or zoning amendment filed prior to that date. This bill is identical to SB 228.
Patron - Hugo

P HB1137

Reimbursement for costs of responding to emergencies. Provides that failure to satisfy a judgment to a locality for responding to an emergency call necessitated by a DUI, reckless driving, driving without a license, driving on a suspended or revoked license and improperly leaving the scene of an accident or a terrorist hoax results in suspension of the person's driver's license, registration certificates and license plates.
Patron - McDonnell

P HB1150

Local government; control of firearms and ammunition. Prohibits a local government from adopting an ordinance governing the storage of firearms or ammunition. Currently, a local government is prohibited from adopting an ordinance governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms or ammunition.
Patron - McDonnell

P HB1158

Urban county executive form of government; sanitary districts. Allows a county with the urban county executive form of government (Fairfax County) to create and amend sanitary districts by using a notice that uses a descriptive summary, rather than a full text notice, and to use a geographic description in place of the metes and bounds descriptions. Also, all proceedings held in the creation, amendment, or dissolution of any district created pursuant to former and existing general law are ratified, validated, and confirmed, and any and all such districts are declared to have been validly created, amended, or dissolved notwithstanding any defects or irregularities in the publication of any notice or the description of any boundaries.
Patron - Hull

P HB1190

Duties of the Commission on Local Government. Transfers responsibility for oversight of certain Commission actions to the Secretary of Commerce and Trade.
Patron - Scott, J.M.

P HB1211

Community development authorities. Provides that the revenue bonds issued by a development authority shall not be deemed to constitute a debt, liability, or obligation of any other political subdivision and shall not impact upon the debt capacity of any other political subdivision.
Patron - Hall

P HB1255

Cash proffers; issuance of bonds. Provides that localities that are authorized to accept voluntary cash proffers may also issue bonds under the provisions of the Public Finance Act to finance certain improvements to the extent that the costs of such improvements have been pledged by landowners as voluntary cash proffers.
Patron - Orrock

P HB1258

City council salaries. Allows city council members to be paid in accordance with the payroll cycle of city employees.
Patron - Baskerville

P HB1299

Law-enforcement officer certification. Provides that the requirement for the successful completion of the law-enforcement certification examination may be waived by the Department of Criminal Justice Services based upon previous law-enforcement experience and training.
Patron - Weatherholtz

P HB1373

Service districts; road construction. Adds "road construction" to the powers of service districts. The bill also requires the involvement of the local governing body in establishing certain transportation services to be operated or maintained by the Virginia Department of Transportation.
Patron - Hugo

P HB1392

Reciprocal agreements. Allows private institutions of higher learning to enter into certain reciprocal agreements to the same extent as state-supported institutions of higher learning.
Patron - Weatherholtz

P HB1393

Regional Industrial Facility Authority. Grants localities in which a facility owned by an authority is located greater flexibility to direct that tax revenue collected with respect to the facility shall be remitted to the authority. Also, the scope of the act is expanded to include those areas within planning districts 1 and 2. The act currently applies to planning districts 3, 4, 5, 10, 11, 12, 13, 14 and 19. This bill is identical to SB 546.
Patron - Keister

P HB1456

Nuisance abatement. Makes various changes to facilitate the ability of localities to abate nuisances and dispose of tax delinquent properties, including (i) expansion of instances in which an unpaid charge may constitute a lien on property, (ii) decreasing the time period that a locality shall wait prior to taking action to sell certain tax delinquent properties, (iii) expanding the ability of localities to declare a property as abandoned, and (iv) expanding the instances in which a locality may petition for the conveyance of a deed in lieu of a sale at public auction for certain parcels.
Patron - Jones, D.C.

P HB1485

Liability insurance for localities. Adds operational medical directors, fire department operational medical directors, police department operational medical directors and certain physicians course directors to those persons that a locality may include in its liability insurance or self-insurance program.
Patron - Sickles

P SB45

State and local health departments; reimbursement. Adds Chesterfield County to those localities that may supplement salaries and reimburse travel expenses of employees of state and local health departments.
Patron - Martin

P SB69

P SB76

Regulations on political campaign signs. Supersedes local ordinances and regulations that would prohibit the display of political campaign signs on private property with the permission of the owner of the property and in compliance with zoning and right-of-way restrictions applicable to temporary non-political signs.
Patron - Potts

P SB90

Criminal background checks. Allows localities to decide whether the locality or the individual pays the cost of fingerprinting for criminal record checks.
Patron - Marsh

P SB115

Automobile graveyards and junkyards. Adds York County to the current list of counties that may adopt an ordinance requiring the screening of automobile graveyards and junkyards. The bill also specifies the counties that were previously set forth by population bracket.
Patron - Williams

P SB152

Industrial development authorities. Allows any locality to call its industrial development authority an economic development authority.
Patron - Deeds

P SB190

Water and sewage connections. Allows Wythe County, in assuming the obligations of a public service authority, to assume such obligations under the same terms and conditions as applicable to the public service authority.
Patron - Reynolds

P SB204

Inoperable motor vehicles. Defines "shielded or screened from view" as not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. The bill also provides that an owner may keep a vehicle he is actively restoring (if it is screened from view) and one additional vehicle being used for such restoration on the property.
Patron - Quayle

P SB206

Moratorium on city annexation and county immunity notices and proceedings. Extends the moratorium on annexation proceedings. Under the current law, the moratorium ends following the end of any biennium in which actual appropriations to local governments for law-enforcement expenditures are less than the amount statutorily required.
Patron - Quayle

P SB227

Permits to sell or purchase pistols or revolvers in counties. Repeals provision that authorized counties to require a permit for the sale and purchase of revolvers and requires that any records created pursuant to that provision that are in the custody of a county be destroyed no later than July 31, 2004. This bill is identical to HB 484.
Patron - Cuccinelli

P SB228

P SB280

Provision of cable television services by certain localities. Provides that the Auditor of Public Accounts, in connection with the audit of a locality's cable television services, shall not disclose the portions of a comprehensive business plan that reveal marketing strategies of a municipal cable television service.
Patron - Wampler

P SB317

State police. Increases from 18 to 21 years the age of a person for whom a missing child report is filed when that person's whereabouts is unknown and the person has been reported missing to a law-enforcement agency. The bill also requires the police or sheriff's office, upon receiving a missing child report, to enter the information into the Virginia Criminal Information Network, in addition to other data systems.
Patron - Howell

P SB353

Comprehensive plan. Requires that the plan include a transportation element that designates a system of transportation infrastructure needs and recommendations as appropriate, including, but not limited to, roadways, bicycle and pedestrian accommodations, railways, bridges, waterways, airports, ports, and public transportation facilities. The bill also requires the Virginia Department of Transportation to provide technical assistance upon request.
Patron - Houck

P SB369

Mutual aid agreements for power and natural gas. Provides that localities and investor-owned public utilities, electric cooperatives, and interstate natural gas companies may enter into mutual aid agreements in order to prepare for, prevent, and restore power and natural gas outages and failures.
Patron - Watkins

P SB400

Local water-saving ordinances. Permits localities to restrict the nonessential use of ground water during declared water shortages or water emergencies. This authority currently applies only to the City of Virginia Beach (described by population.)
Patron - Norment

P SB426

Regulation of stormwater; billing. Allows a locality to combine the billings for stormwater charges with billings for water or sewer charges, real property tax assessments, or other billings, and to establish by ordinance the order in which payments will be applied to the different charges. The bill also prohibits localities from combining its billings with other localities, political subdivisions, or waste and water authorities without the consent of that locality or political subdivision.
Patron - Wagner

P SB437

Inoperable motor vehicles. Amends existing provisions that apply to various localities as described by form of government or by population bracket, by specifying such localities by name and by adding the cities of Hampton and Newport News. Otherwise, the substance of the section, which allows localities by ordinance to prohibit any person from keeping an inoperable vehicle on certain property, except within a fully enclosed building or structure or otherwise shielded or screened from view, is unchanged.
Patron - Locke

P SB461

P SB480

P SB529

Inoperable motor vehicles. Gives localities greater flexibility in defining "inoperable motor vehicles."
Patron - Hanger

P SB546

P SB574

P SB600

Local water and sewage systems. Adds Franklin County to existing provisions that allow certain counties to require connection to their water and sewage systems, or in the case of persons having an adequate domestic supply or source of potable water and a system for the disposal of sewage, allow the county to impose a nonuser fee. Also, Franklin County is granted authority to treat certain unpaid taxes or charges imposed for water or sewers as a lien on the real estate served by such waterline or sewer. The bill also replaces a population backet with Amelia County.
Patron - Hawkins

P SB661

Certain restrictions on real property. Provides that any municipal or recreational purpose restriction placed on certain real property, located wholly or in part in Virginia Beach, acquired by the Commonwealth shall be satisfied if the property is used for tourism purposes that benefit the locality's tourism industry.
Patron - Blevins

Failed

F HB62

Mayor and chief administrative officer in certain cities. Provides that in certain cities, at the November 2004 election, and every four years thereafter, a general election shall be held to elect the mayor. The person receiving the most votes in a majority of the city council districts shall be elected. Should no one be elected, a run-off election shall be held between the two persons receiving the highest total of votes citywide. The person receiving the most votes in a majority of districts shall be elected. An elected term shall run four years. Anyone eligible to serve on city council may serve as mayor except no one may be elected mayor for three consecutive terms. The mayor in such cities shall appoint a chief administrative officer subject to the advice and consent of a majority of the city council members. The chief administrative officer shall be responsible solely to the mayor and serve at the pleasure of the mayor. The mayor will be a full-time position with salary and expenses set by the city council. The provisions of this bill apply to any city in which a popular referendum dealing with the organization of local government and held in accordance with the terms of the city charter or applicable general law has passed after July 1, 2003, and prior to July 1, 2004, and the terms of such referendum are consistent with those set forth in the bill.
Patron - Marshall, R.G.

F HB100

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 HB216

Affordable housing. Adds Fauquier County to those localities with authority to provide for an affordable housing dwelling unit program under § 15.2-2304 rather than the general law provisions.
Patron - Athey

F HB269

Smoking in restaurants. Allows Gloucester County to prohibit smoking in county restaurants.
Patron - Morgan

F HB278

Control of firearms by localities. Allows localities by ordinance to provide for the regulation of possession or carrying of firearms into any buildings owned or used by such locality for governmental purposes. Also, various provisions are deleted that currently generally prohibit local regulation of the purchase, possession, transfer and ownership of firearms.
Patron - Purkey

F HB335

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 HB407

Local highways, roads and streets; repairs and utilities. Requires all repairs and utility work done on any local highway, road or street that is not part of the state highway system to comply with established Virginia Department of Transportation standards.
Patron - Welch

F HB436

Industrial development authorities. Allows the Chesapeake Industrial Development Authority to call itself an economic development authority. This bill is incorporated into HB 683.
Patron - Suit

F HB483

Control of firearms by localities. Deletes provisions that allow localities to enforce certain ordinances related to control of firearms adopted prior to 1987, and affirmatively declares that such ordinances are invalid.This bill is incorporated into HB 530.
Patron - Cole

F HB880

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 HB960

Virginia Indoor Clean Air Act. Prohibits smoking in public restrooms in restaurants.
Patron - Barlow

F HB966

Additions and modification to a locality's official map. Allows local governing bodies to make additions or modifications to the official map without submitting a report to the planning commission and without holding a public hearing if such additions or modifications have already been approved in the locality's capital improvement program and subject to a public hearing.
Patron - Barlow

F HB970

Authority to cut grass. Adds Isle of Wight County (described by population) to those counties with authority to require that the owner of occupied residential real property cut the grass or lawn area of less than one-half acre on such property when growth on such grass or lawn area exceeds 12 inches in height; or may whenever the governing body deems it necessary, after reasonable notice, have such grass or lawn area cut by its agents or employees, in which event, the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected.
Patron - Barlow

F HB1006

Authority to regulate the use and occupancy of buildings in Loudoun County. Grants Loudoun County authority to regulate the use and occupancy of buildings constructed, altered, remodeled or improved. In regulating use and occupancy of such buildings, the County may by ordinance limit, restrict, lower, or control the number of people who may reside in or occupy a building or dwelling unit, to discourage or eliminate neighborhood blight caused by excessive occupancy. The County may provide that the violation of an ordinance adopted under this section constitutes a Class 3 misdemeanor and may enforce the section by suit in equity. Upon an affirmative finding of the need to protect the public health, welfare, and safety of its citizens, Loudoun County may provide by ordinance for the issuance of certificates of compliance with current building regulations for existing residential rental buildings located in areas of the County subject to neighborhood blight, as designated by the county board, after inspections of such buildings upon a termination of the tenancies or when such rental property is sold.
Patron - Rust

F HB1224

Basketball on public streets. Allows a locality to permit the playing of basketball with mobile basketball hoops on public streets that are cul-de-sacs, courts, dead ends or similar streets. Such mobile basketball hoops shall not be placed in areas that restrict access by public service workers such as postal workers, garbage collectors and public safety officials or negatively impact neighboring residents.
Patron - Spruill

F HB1311

Family subdivisions of property; limited liability companies. Permits a limited liability company that owns property and whose membership consists entirely of members of an immediate family to divide the property among members of the limited liability company.
Patron - May

F HB1349

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 HB1369

Portsmouth Industrial Development Authority. Allows the Portsmouth Industrial Development Authority to be named the Portsmouth Economic Development Authority.
Patron - Melvin

F HB1471

Grants for home ownership. Allows a locality to provide for the use of funds, other than state funds, to provide grants for employees of the locality or school board to purchase or rent residences, for use as the employee's principal residence, within the locality.
Patron - Shannon

F SB77

F SB135

Sheriffs' vehicles. Clarifies that sheriffs' offices may use unmarked vehicles.
Patron - Lambert

F SB180

Boards of zoning appeals; appointments. Allows the Chesapeake city council to appoint members of the board of zoning appeals. Appointments are typically made by the circuit court.
Patron - Blevins

F SB209

F SB210

F SB264

Purchase or sale of guns in certain counties. Repeals provisions that require a permit to sell or purchase guns in counties having a density of more than 1,000 persons per square mile.
Patron - Cuccinelli

F SB395

Inoperable motor vehicles; civil penalties. Replaces the current civil penalty authority for enforcement of inoperable motor vehicle ordinances with provisions that currently apply to zoning violations. The penalty for an initial summons is increased from $50 to $100. The maximum penalty for a series of violations arising from the same set of operative facts is increased from $3,000 to $5,000.
Patron - Norment

F SB453

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

F SB580

Permitted provisions in certain zoning ordinances. Allows localities whose entire geographic area is wholly or partially within an area designated as severe nonattainment for ozone to include provisions for the adoption of transportation infrastructure overlay districts to allow, either as a matter of right under applicable zoning regulations or with the approval of a special exception, special use permit, or rezoning application, the transfer of some or all specified development rights from property located outside the boundaries of a transportation infrastructure overlay district to property located within such overlay district. Where adopted, transportation infrastructure overlay districts shall be established to encourage development in areas of the locality where mass transit and other existing or planned transportation facilities or services are projected to best meet the levels of service specified for transportation in the comprehensive plan. Authority under this bill expires in localities five years after they are no longer in severe nonattainment for ozone.
Patron - Ticer

F SB596

Industrial development authorities. Allows the Clarksville Industrial Development Authority to call itself an economic development authority. This bill is incorporated into SB 152.
Patron - Ruff

Carried Over

C HB219

Virginia Baseball Stadium Authority. Allows a locality to submit names for selection of Authority members, clarifies that the Authority shall not obtain property by condemnation, and provides that the governing body of the locality in which the major league baseball stadium is proposed to be located shall make a determination whether the proposed major league baseball stadium is in the locality's interest, and if the locality determines that it is not, then the Authority shall not, directly or indirectly, exercise any of its powers to establish a major league baseball stadium in the locality.
Patron - Brink

C HB482

Impact fees for residential development. Allows localities to 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. However, in no event shall the impact exceed five percent of the sale price of the property, or five percent of the assessed value if the property is not being sold, or $10,000, whichever is less. 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

C HB562

Virginia Baseball Stadium Authority. Requires approval of the stadium site by the local governing body.
Patron - Albo

C HB729

Adequate public facilities; residential development deferral and impact fees; local bonds for infrastructure. Allows high-growth localities to adopt provisions in subdivision ordinances for the deferral of approval subdivision plats or site plans when existing schools, roads, public safety, sewer or water facilities are inadequate to support a proposed development. Infrastructure shall be deemed inadequate if, at the time of the submission of a plat or plan, or preliminary plat or plan where preliminary plats or plans are required, the cost to the locality of providing infrastructure necessary to serve the development proposed in such plat or plan at build out would exceed $100,000. In order to defer approval of a plat or plan, a locality must have in force, or promptly initiate and diligently pursue the adoption, for the area in which the plat or plan is proposed, a capital improvement plan that provides that adequate infrastructure shall be available to serve the development shown in such proposed plat or plan within no more than 10 years of the date of submission of such plat or plan, provided that the plat or plan at the time of submission otherwise meets the requirements of the local ordinance for approval. The capital improvement plan shall be funded on at least an annual basis in an amount necessary to provide sufficient funds to ensure that those elements of infrastructure that were deemed inadequate for purposes of such deferral will be adequate at the end of such 10-year period. "High-growth locality" means any locality that has grown in population by more than one percent for at least three of the previous five years. The bill authorizes the governing body of any high-growth locality to, through the use of bonds, finance the cost of new infrastructure or improvements to existing infrastructure determined inadequate pursuant to a local ordinance authorized by this bill, provided that the locality shall have obtained a voluntary and binding commitment from the applicant to pay an impact fee equivalent to the annual principal and interest and for the period required to retire such bonds. The locality may secure such commitment in any reasonable manner that it deems necessary to ensure the revenues necessary to retire such bond. Finally, the bill adds to the general zoning statues the authority to adopt local ordinances related to the timing of development when public facilities are not deemed adequate by the local governing body.
Patron - Marshall, R.G.

C HB752

Impact fees. Expands the existing road impact fee provisions to include school improvements and extends the applicability of such provisions from Northern Virginia localities to all localities. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee. Also, an obsolete sunset clause is deleted.
Patron - May

C HB893

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 - Sickles

C HB1433

Comprehensive plan; accessible housing. Adds the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of accessible housing to items that shall be included in a locality's comprehensive plan.
Patron - Van Landingham

C HB1434

Nonconforming lots in the City of Chesapeake. Allows certain nonconforming lots in the City of Chesapeake to be developed according to certain guidelines.
Patron - Spruill

C HB1479

Conservation of trees. Increases current 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. 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.
Patron - Sickles

C HJ110

Local school boards and local governing bodies; new school construction. Encourages local school boards and local governing bodies, in cooperation with the Department of General Services, to recognize and incorporate the Leadership in Energy and Environmental Design (LEED) Green Building Rating System into state and local practices for the design and procurement of construction projects.
Patron - Van Yahres

C SB123

Transportation impact fees for certain counties. Provides that any county that has been granted a charter by the General Assembly (currently includes Chesterfield, James City and Roanoke) may by ordinance enact reasonable provisions for the assessment of impact fees on new residential development for the purpose of mitigating the effect of such new development on the locality's transportation infrastructure. Any such fees shall be payable at the time of issuance of any building permit. No impact fee shall be assessed if the owner has made proffers of cash for roads or constructed off-site improvements that mitigate the transportation impact from such development but such fees may be assessed to the extent that such proffers and improvements do not mitigate such impact.
Patron - Watkins

C SB170

Jail deputies. Codifies budget language (Item 64 E) to provide that the Commonwealth will fund one jail deputy for every three beds of operational capacity and in overcrowded jails one jail deputy for every five average annual daily prisoners above operational capacity.
Patron - Stolle

C SB290

Local "living wage" provisions. Provides that no local governing body may establish "living wage" provisions without approval of the General Assembly. Any "living wage" ordinance previously adopted by a local governing body that did not receive the approval of the General Assembly shall be considered void.
Patron - O'Brien

C SB351

Local water supply facilities. Authorizes localities to include in their subdivision ordinances provisions allowing the locality to determine whether there are adequate water sources and drinking water distribution infrastructure to deliver sufficient and safe water for human consumption to meet the demand required by a new subdivision. Before it adopts such an ordinance, the locality must identify in its comprehensive plan, and in the local regional water plan required by the state, the (i) adequacy of public water supply facilities that will be used in making such a determination, (ii) the areas where such subdivisions may be located, and (iii) existing water supply and infrastructure needs in the potential growth area. If the locality determines that adequate water supply or related water facilities do not exist, it must provide a timeframe of when such supply or facilities will be adequate to meet the water demand. The determination of what constitutes an adequate water supply is based on the demand projections developed as part of the adopted local or regional water supply plan.
Patron - Houck

C SB393

Adequate levels of service for educational facilities. Provides that, concurrent with its periodic review of the comprehensive plan, the planning commission in localities with certain proffer zoning authority, in consultation with the school board and the division superintendent, shall make a study estimating the capacity in elementary, middle and high school facilities that would be needed to meet established levels of service for the locality based on anticipated growth in the locality during the period projected by the comprehensive plan. The recommendations shall be prepared with the active participation of the school board and division superintendent and must include a statement of their concurrence in the recommendations. Such localities may include in their ordinances provisions that no application for approval of the preliminary plat for a new residential subdivision, or for approval of a site plan or plan of development for any other new development incorporating more than five residential units, will be accepted unless it is accompanied by certification issued by the planning commission after consultation with the school board, that proposed subdivisions or other development is consistent with the adopted educational facilities plan for the locality, and will not cause the level of service for the schools available in the locality to serve the new development to decline below the standards established pursuant to this bill. Refusal of an application shall be without prejudice to refiling at such time as the applicant is able to obtain certification. Ordinances adopted under this bill may provide that in lieu of the certification required, if the proposed subdivision or development will cause the level of service for the schools available to serve the proposed subdivision or development to fall below the established standards, as a condition of approval the applicant may elect to pay, and the locality may assess, an educational facilities fee sufficient to cover the costs of additional capital improvements that will be imposed upon the school division in which the new proposed subdivision or development is to be located, which improvements are necessitated by and attributable to the proposed subdivision or development and which are required to maintain the level of service established for the schools serving the proposed subdivision or development.
Patron - Quayle

C SB534

Road impact fees. Adds Henrico County (described by form of government) to those localities that may utilize road impact fees. Also, an obsolete sunset provision is deleted.
Patron - Stosch

C SB592

Sheriff's vehicles. Allows sheriffs' offices to use unmarked vehicles.
Patron - Quayle

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