General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Counties, Cities and Towns

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Counties, Cities and Towns

Passed

P HB1514

Sheriffs; reimbursement of expenses incurred in responding to traffic incidents. Allows a locality to adopt an ordinance making a person convicted of certain traffic infractions or crimes liable in a separate civil action for reasonable expenses incurred by the sheriff's office of such locality for emergency response to an accident related to the violation. Current law allows the same for the locality itself and for volunteer rescue squads, but because sheriffs' offices are constitutional offices and not technically departments of the locality, the amendment is needed for clarity. Volunteer fire departments are also added to the provisions.
Patron - Cline

P HB1649

Industrial development authorities; civil actions; attorneys' fees. Provides that any written contract of the authority shall contain provisions addressing the issue of whether attorneys' fees shall be recoverable by the prevailing party in the event the contract is subject to litigation. The bill also provides that in any instance in which an authority has unsuccessfully challenged certain contracts related to easements, the authority shall be prohibited from bringing any further action against the landowner related to such matters.
Patron - Orrock

P HB1674

Reimbursement of expenses related to certain traffic incidents. Includes juvenile defendants in existing provisions that allow localities to seek reimbursement of expenses related to providing an emergency response to certain traffic and DUI incidents.
Patron - Cosgrove

P HB1775

Sale of personal property by locality. Provides that in any instance in which one of certain categories of personal property is sold with the intent to lease back the property, approval by the governing body, after notice and a public hearing, shall be required when the value of the proposed sale amount exceeds $2,000,000.
Patron - Purkey

P HB1843

Activities of certain former local officials. Adds Charlottesville to those localities that may place certain limits on the activities of former officers and employees for one year after their service has ended.
Patron - Van Yahres

P HB1877

Graffiti; mandatory minimum fine and jail. Amends local graffiti ordinance provisions to require that any violation carry a mandatory minimum fine of $500, where the defacement is (i) more than 20 feet off the ground, (ii) gang-related, or (iii) on an overpass. The bill also provides for cleaning of graffiti by a locality at its own expense.
Patron - McDougle

P HB1889

Procedure for enactment of certain local fees. Rewrites and clarifies the advertisement requirements for enactment of certain local fees.
Patron - Ware, R.L.

P HB1911

Uniform requirements for sheriffs and sheriff's deputies. Allows sheriffs and their deputies to wear any uniform that easily identifies the local law-enforcement officers to members of the public, so long as the design and style are approved by the sheriff and worn in accordance with policies established by the sheriff. This bill is identical to SB 890.
Patron - Orrock

P HB1916

Appointment of advisory boards, committees and commissions. Removes limits on the number of monthly meetings by such board, committees, and commissions for purposes of compensation, and eliminates the cap on maximum compensation.
Patron - Cole

P HB1922

Sewer fees and liens. Provides that certain sewer fees and charges shall be a lien on the property served only if certain procedures are followed including first obtaining a judgment against the lessee or tenant who contracted for the service. This bill incorporates HB 2004 and HB 2563.
Patron - Marshall, D.W.

P HB1923

Handley Board of Trustees in City of Winchester; terms. Decreases from 12 to six years the term for members of the Handley Board of Trustees. The board was created in 1896 for the purpose of carrying out the wishes of the late John Handley. This bill contains an emergency clause.
Patron - Sherwood

P HB2012

Memorials for war veterans. Adds Operation Iraqi Freedom to the list of wars and conflicts for which localities may erect monuments and memorials.
Patron - Armstrong

P HB2063

County manager plan; encroachments. Adds encroachments to those items for which a county with the county manager plan of government (Arlington County) may charge an application processing fee. This bill is identical to SB 1074.
Patron - Brink

P HB2158

Wireless service authority act. Allows multiple localities to create a wireless service authority.
Patron - Nutter

P HB2159

Boards of zoning appeals. Rewrites the criteria for instances in which the zoning administrator may grant a modification, currently referred to as a variance, from the zoning ordinance by including requirements related to the size, height, location or features of any building on the parcel of land. This bill incorporates HB 2152 and HB 2839.
Patron - Reese

P HB2168

Displacement of private waste companies. Adds requirements to the procedures localities must follow before displacing private companies providing garbage, trash, or refuse collection services. Such requirements include making a written finding of at least one of the following: (i) privately-owned refuse collection and disposal services are not available; (ii) the use of privately-owned and operated services has substantially endangered the public health or created a public nuisance; (iii) privately-owned services, although available, are not able to provide needed services in a reasonable and cost-efficient manner; (iv) or displacement is necessary to provide for the development or operation of a regional system of refuse collection or disposal for two or more localities.
Patron - Reese

P HB2228

Nonconventional sewage disposal systems; local authority; civil penalties. Authorizes localities to establish, by ordinance, a schedule of civil penalties for violations relating to the operation and maintenance of nonconventional sewage disposal systems. "Nonconventional sewage disposal system" means any Type II or Type III system, as defined in the Sewage Handling and Disposal Regulations 12 VAC 5-610-10 et seq., including holding tanks and residential discharging wastewater treatment systems.
Patron - Rust

P HB2234

Hospital authorities; commissioners. Allows the director of a local health department to serve as a commissioner, but not as chairman, on a hospital authority.
Patron - O'Bannon

P HB2282

Noise standards; shooting ranges. Provides that no locality shall submit a sport shooting range to noise control standards more stringent than those in effect at the time an application was submitted for construction or operation of the range. The existing law refers to the time of construction, not the time of application.
Patron - Janis

P HB2364

Appointment to planning district commissions. Allows planning district 14 to include representatives of higher education institutions on the planning district commissions.
Patron - Hogan

P HB2377

Inoperable motor vehicles; civil penalties. Conforms civil penalty provisions for violations of inoperable motor vehicle ordinances to those currently existing for zoning violations.
Patron - Rapp

P HB2381

Community development authorities. Removes population and tract size limitations for counties that want to establish a community development authority. No such limitations currently exist for cities and towns. Also, authorities are given powers related to the financing and funding of land acquisition.
Patron - Hall

P HB2386

Conveyance of easements. Eliminates the public hearing requirement for localities that convey certain site development easements across public property.
Patron - Barlow

P HB2391

Authority to cut grass. Adds Isle of Wight County to the 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 the grass or lawn area exceeds 12 inches in height; or may whenever the governing body deems it necessary, after reasonable notice, have the 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 the property and may be collected by the county as taxes and levies are collected.
Patron - Barlow

P HB2407

Comprehensive plan; accessible housing. Adds provisions regarding the elderly, persons with disabilities, age-restricted housing, nursing homes and assisted living facilities to the statutory guidelines for local comprehensive plans. The bill provides that localities shall implement these provisions by July 1, 2008. This bill is identical to SB 1238.
Patron - Phillips

P HB2408

Solid waste disposal fees; included on real estate tax bills. Permits counties to include solid waste disposal fees on the corresponding real estate tax bills.
Patron - Phillips

P HB2450

Regulation of stormwater; combined billing. Removes the requirement of passing an ordinance when a locality is establishing the order in which payments are applied for combined billing of stormwater charges and other charges.
Patron - Suit

P HB2455

Entitlement to tax revenues; baseball stadiums. Reinstates provisions to the Virginia Baseball Stadium Authority that expired on January 1, 2005, and extends them to January 1, 2008. These provisions entitle the Virginia Baseball Stadium Authority, subject to appropriation, to all personal income tax, corporate tax, and pass-through tax revenues collected by the Commonwealth as a result of the existence of a major league stadium. The locality in which the stadium is located may pledge all BPOL tax revenue generated on the premises of the stadium to the Authority. The Authority cannot issue bonds or lease the stadium to the Commonwealth if either would be considered a debt of the Commonwealth supported by debt revenues or a direct or contingent financial obligation of the Commonwealth. The locality may levy an admissions surcharge to be used to reimburse the locality for its expenses in connection with the stadium. This bill incorporates HB 2606.
Patron - Suit

P HB2456

Cash proffers requested or accepted by a locality. Provides that no locality shall require payment of a cash proffer prior to issuance of a building permit; however, a landowner may voluntarily agree to an earlier payment. Also, no locality shall either request or accept a cash proffer whose amount is scheduled to increase annually, from the time of proffer until tender of payment, by a percentage greater than the annual rate of inflation, as calculated by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics or the Marshall and Swift Building Cost Index.
Patron - Suit

P HB2521

Emergency medical services; maintenance of services. States that each locality shall seek to ensure that emergency medical services are maintained throughout the entire locality.
Patron - O'Bannon

P HB2532

Code enforcement by volunteers. Adds the City of Portsmouth to the list of localities that may utilize volunteers to help enforce certain local ordinances. This bill is identical to SB 1062.
Patron - Melvin

P HB2574

Maintenance of certain private roads. Provides that Buchanan County may make appropriations, in such sums and at such times as the governing body deems proper, for maintenance of private roads that provide the sole access to private family cemeteries containing 10 or more graves. Appropriations shall be made for this purpose only when necessary to keep the roads passable by motor vehicle. This bill is identical to SB 945.
Patron - Stump

P HB2615

Actions prior to convening of meeting. States that during the time prior to the governing body's actual call to order or convening of business, any expressions by members of the governing body or members of the public shall be held consistent with the individual's First Amendment right of freedom of speech.
Patron - Orrock

P HB2622

Return of local surplus funds. Allows any locality to develop a method for returning surplus real property tax revenues to taxpayers who are assessed real property taxes in any fiscal year in which the locality reports a surplus. Currently, this authority is granted to Albemarle County.
Patron - Byron

P HB2667

Terrorism hoax; reimbursement of expenses. Raises the flat fee that may be charged to a person convicted of certain terrorism hoax incidents in order to reimburse the locality for related expenses.
Patron - McDonnell

P HB2692

Northern Neck Chesapeake Bay Public Access Authority Act. Allows the Counties of Lancaster, Northumberland, Richmond and Westmoreland by resolution to declare that there is a need for a public access authority to be created. If an operating agreement is developed for the purpose of establishing or operating a public access authority for any such localities, these localities may form the Northern Neck Chesapeake Bay Public Access Authority. The Authority's duties shall include: (1) Identifying land, either owned by the Commonwealth or private holdings that can be secured for use by the general public as a public access site; (2) Researching and determining ownership of all identified sites; (3) Determining appropriate public use levels of identified access sites; (4) Developing appropriate mechanism for transferring title of Commonwealth or private holdings to the Authority; (5) Developing appropriate acquisition and site management plans for public access usage; and (6) Determining what holdings should be sold to advance the mission of the Authority. The Authority shall be governed by a board of directors with authority to (i) acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate any public access site within the territorial limits of the participating political subdivisions; (ii) construct, install, maintain, and operate facilities for managing access sites; (iii) determine fees, rates, and charges for the use of its facilities; (iv) apply for and accept gifts or other financial assistance; (v) appoint, employ, or engage such officers and employees as may be necessary or appropriate, and to fix their duties and compensation; (vi) contract with any participating political subdivision for such subdivision to provide legal services, engineering services, depository, and investment services; and (vii) borrow money and incur debt. Whenever it shall appear to the Authority that the need for the Authority no longer exists, the Authority, or in the proper case, any such subdivision, may petition the circuit court of a participating political subdivision for the dissolution of the Authority.
Patron - Pollard

P HB2695

Protection of established commercial fishing operations. Provides that registered commercial fishermen and seafood buyers who operate their businesses from their waterfront residences shall not be prohibited by a locality from continuing their businesses, notwithstanding the provisions of any local zoning ordinance. This section shall only apply to businesses that have been in operation by the current owner, or a family member of the current owner, for at least 20 years at the location in question. The protection granted by this section shall continue so long as the property is owned by the current owner or a family member of the owner.
Patron - Pollard

P HB2741

Shooting of arrows in populated areas. Adds the outdoor shooting of arrows from bows to existing provisions that allow counties to prohibit the shooting of firearms in heavily populated areas. Bows intended to be used as toys are excluded from the provisions.
Patron - Reid

P HB2770

Charitable donations by localities. Adds Habitat for Humanity to those organizations to which a locality may make a charitable donation.
Patron - Saxman

P HB2800

Development of former federal areas. Provides an alternative method for creating an authority under the Authorities for Development of Former Federal Areas Act, with such authority to be created by the City of Hampton rather than the governor, and expands the powers of such authorities.
Patron - Ward

P HB2865

Connection to public water systems. Allows localities to require developers to extend and connect to abutting or adjacent public water or sewer systems. Also, localities may require that all buildings constructed on lots resulting from subdivision of a larger tract that abuts or adjoins a public water or sewer system or main shall be connected to that public water or sewer system.
Patron - Byron

P HB2878

Burying of high voltage power lines. Provides that in Loudoun County and the Towns of Hamilton, Leesburg, and Purcellville, the governing body may enter into an agreement with a company providing electricity to the locality that calls for an additional charge to be included in the billing of customers that are in a special rate district for the purpose of placing proposed transmission lines underground, rather than overhead. The locality shall by ordinance set the boundaries of the special rate district and fix the amount of such tax. Thereafter, upon petition of over 60 percent of the owners of real estate within the boundaries of the proposed special rate district who shall collectively own not less than 60 percent of the property of the proposed special rate district, the agreement shall be submitted to the SCC for approval.
Patron - May

P HB2888

Proffer cash payments and expenditures by localities. Makes numerous changes to the existing law on the use of cash proffers by localities, including amendments that provide that any locality accepting a cash payment voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, within seven years of receiving full payment, begin construction or other improvements for which the cash payment was proffered. A locality that does not begin construction of the improvements for which the cash payment was proffered within seven years of receipt of the proffered cash payment, or make other authorized alternative improvements, shall pay the amount of that proffered cash payment to the Commonwealth Transportation Board for allocation to the appropriate construction program.
Patron - Lingamfelter

P SB777

Arts and cultural districts. Adds the cities of Falls Church, Petersburg, and Winchester to the list of localities that may establish an arts and cultural district for the purpose of increasing awareness and support for the arts and culture in the city. Each city may provide incentives for the support and creation of arts and cultural venues in the district. Each city may also grant tax incentives and provide certain regulatory flexibility in an arts and cultural district.
Patron - Potts

P SB795

Water and sewer liens. Adds Cumberland County to the list of localities that may provide that taxes on water and sewer service may be a lien on the property served.
Patron - Watkins

P SB869

Virginia Water and Waste Authorities Act; authorities' power to acquire property and grant security interests. Authorizes authorities formed under the Virginia Water and Waste Authorities Act to grant security interests in any personal property or any interest, right or estate held by the authority.
Patron - Quayle

P SB890

P SB894

Grievance procedures for local departments of social services. Requires a local social service department or local board to adopt a grievance procedure that is either (i) adopted by the locality, or (ii) approved by the State Board of Social Services, consistent with the state grievance procedure.
Patron - Howell

P SB900

Agricultural and forestal districts processing fees. Increases from $300 to $500 the cap on the fees that localities can charge for processing and reviewing an application for the creation of an agricultural or forestal district.
Patron - Norment

P SB921

Vacation of boundary lines. Authorizes localities to allow relocation or alteration of lot lines by recordation of a deed, without the requirement for a subdivision plat.
Patron - Blevins

P SB926

Relocation of public easements. Provides that all public easements, except those for public passage, occupying easements, those that contain private utility facilities, or common or shared easements for the use of franchised cable operators and public service corporations, may be relocated by recordation of plat or replat signed by the owner of the real property, approved by an authorized official of a locality, regardless of the manner of acquisition or the type of instrument used to dedicate the original easement. If the purpose of the easement is to convey stormwater drainage from a public roadway then the entity responsible for the operation of the roadway shall first determine that the relocation does not threaten either the integrity of the roadway or public passage. The bill requires the clerk to index the locality as grantor of any easement or portion thereof terminated and extinguished under this section.
Patron - Blevins

P SB938

Appointment of advisory boards, committees and commissions. Increases limits on compensation from $75 to $100 and removes the limit on the number of monthly meetings to be compensable.
Patron - Chichester

P SB945

Highway maintenance by Buchanan County. Authorizes the Board of Supervisors of Buchanan County to make appropriations for the maintenance of private roads that provide the sole access to private family cemeteries containing more than 10 graves. The bill allows such appropriations only when necessary to keep the roads passable by motor vehicle, and only if such action does not conflict with certain provisions contained in Chapter 3 of Title 57 related to access to cemeteries located on private property. This bill is identical to HB 2574.
Patron - Puckett

P SB956

Alleghany-Highlands Economic Development Authority. Provides that all appointments to the authority shall be made by the participating local governing bodies and eliminates a mandatory funding component.
Patron - Deeds

P SB957

Activities of certain former local officials. Adds Charlottesville to those localities that may place certain limits on the activities of former officers and employees for one year after their service has ended. The bill also replaces population brackets with specific localities.
Patron - Deeds

P SB1012

Relocation of courthouse. For purposes of courthouse relocation, "contiguous" includes contiguous property directly across a public right of way. The bill also replaces population brackets with specific localities.
Patron - Hanger

P SB1062

P SB1074

P SB1075

Zoning; transfer of development rights. Allows any county with the county manager plan of government to provide in its zoning ordinances for the dedication of density or other rights to develop real property, as defined by the county, from one or more parcels of property located in the county that are not the subject of a development application to one or more parcels of property located elsewhere in the county that are the subject of a development application. The provisions expire on July 1, 2008, if no eligible county adopts such an ordinance. Currently, Arlington County is the only county with the county manager plan of government. This bill is identical to HB 1851.
Patron - Ticer

P SB1086

Boards of zoning appeals. Amends current variance provisions by authorizing zone administrators to grant modifications from zoning ordinance provisions with respect to physical requirements, such as size, height, location or other features related to any building, structure, or improvements. The bill contains provisions regarding the issuance of modifications and appeals from denials of modification requests. The bill also replaces population brackets with specific localities.
Patron - Ticer

P SB1160

Airport noise zones. Provides that any locality in whose jurisdiction a United States Master Jet Base is located or any adjacent locality may adopt and enforce building regulations relating to the provision or installation of acoustical treatment measures applicable to certain nonresidential buildings and structures.
Patron - Stolle

P SB1189

Development of former federal areas. Provides an alternative method for creating an authority under the Authorities for Development of Former Federal Areas Act and exempts such authorities from the provisions of the Personnel Act and the Procurement Act.
Patron - Locke

P SB1220

Notice of certain planning and zoning amendments. Adds licensed public-use airports to those entities that shall receive written notice of certain planning and zoning proposals that are located within 3,000 feet of a boundary of the entity.
Patron - Colgan

P SB1230

Utility improvements; assessments. Adds the City of Chesapeake to the list of localities that may charge to abutting property owners the entire cost of qualifying utility improvements.
Patron - Quayle

P SB1238

Comprehensive plan; accessible housing. Adds provisions regarding the elderly, persons with disabilities, age-restricted housing, nursing homes and assisted living facilities to the statutory guidelines for local comprehensive plans. The bill's second enactment clause requires local implementation by July 1, 2008.
Patron - Puller

P SB1281

Water and sewer connections. Adds Campbell County to those counties that may require connection to their water and sewage systems by owners of property that may be served by such systems.
Patron - Hawkins

P SB1282

Automobile graveyards. Adds Campbell County to those counties that may require screening of automobile graveyards and junkyards.
Patron - Hawkins

P SB1313

Inoperable motor vehicles. Amends the Code sections authorizing localities to restrict the keeping of inoperable motor vehicles on residential or commercial property by requiring the one additional inoperable motor vehicle that is being used for restoration or repair to be shielded or screened from view, as well as the motor vehicle being actively restored or repaired.
Patron - Quayle

Failed

F HB1631

Local water supply emergency ordinances. Provides that a local water supply emergency ordinance may limit the water usage of businesses to a specified percent of normal use; however, the ordinance shall not establish different percentages for different categories of businesses. All businesses shall be treated equally except that the ordinance may exclude certain businesses from all limitations for health and safety reasons.
Patron - Van Yahres

F HB1739

Reimbursement of DUI expenses. Clarifies that a DUI arrest and subsequent conviction will trigger provisions allowing a locality to recover certain expenses related to the arrest.
Patron - Cosgrove

F HB1785

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof, in libraries that are owned or operated by the locality.
Patron - BaCote

F HB1797

Recreation facilities; fees. Provides that localities shall not charge user fees that exceed an amount calculated to cover the costs of construction and maintenance of recreation facilities and the labor costs associated with the scheduling of activities.
Patron - Albo

F HB1806

Local condemnation authority; definition of public uses. Amends the definition of "public uses" for which localities may exercise the power of eminent domain such that public use shall not include any condemnation of property by a locality that (i) is made with the intent of making the property available for ownership or use by a private entity unless any benefits that will accrue to the private entity as a result of its ownership or use of the property are merely incidental when compared to the benefits that will accrue to the public or (ii) is otherwise predominantly for a private purpose.
Patron - Marshall, R.G.

F HB1814

Deputy sheriffs' salaries. Removes current requirement that the salary of any deputy sheriff shall not exceed 90 percent of the salary of the sheriff by whom the deputy is employed.
Patron - Marshall, R.G.

F HB1819

Affordable dwelling unit ordinances. Changes several provisions of an affordable dwelling unit ordinance from mandatory to optional. The bill also makes technical amendments.
Patron - Suit

F HB1823

Zoning ordinances; transportation requirements. Provides that in determining the transportation requirements of the community, and prior to adopting a zoning ordinance or any amendment thereto, the locality shall conduct an assessment of road improvement needs within the locality and determine the impact of any proposed zoning amendment upon the existing road capacity. If a proposed zoning amendment will cause existing roads to exceed capacity, or if the impacted roads already exceed capacity, the proposed rezoning shall not be approved until the locality adopts a plan to fund road improvements necessary to meet road improvement needs and impacts.
Patron - Frederick

F HB1826

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 - Frederick

F HB1844

Affordable housing; Charlottesville. Adds Charlottesville to the list of localities that are currently permitted to establish an affordable housing dwelling unit program using the broadest authority permitted under the Code.
Patron - Van Yahres

F HB1848

The Virginia Clean Indoor Air Act; signs relating to seating of children in smoking areas of restaurants, bars, or lounges; civil penalty. Requires the proprietor or any person who owns, manages, or otherwise controls any bar, lounge, or other area of a restaurant that is subject to the smoking restrictions of the Virginia Clean Indoor Air Act or a local ordinance and has seating in one or more designated smoking areas to post signs at or near the entrance to any area in which smoking is permitted stating "Warning: Second-hand smoke is dangerous to the health of nonsmokers. Children who are 12 years old or younger should not be seated in any area of any bar, lounge, or restaurant in which smoking is permitted." The current civil penalty of $25 will apply to violations of the new sign requirement.
Patron - Eisenberg

F HB1851

Transfer of development rights. Allows Arlington County to include in their zoning ordinances provisions for the transfer of some or all specified development rights, including density and other rights as defined by the locality, from one or more parcels of property located elsewhere in the locality. These provisions shall expire on July 1, 2008, if the county has not enacted an ordinance by that date.
Patron - Eisenberg

F HB1880

Ticket scalping. Defines "resell for profit" for purposes of local ordinances that prohibit resale of tickets to certain public events.
Patron - Hargrove

F HB2004

Water and sewer charges. Provides that the owner of rental property shall be liable for delinquent fees or charges only if a locality or authority has advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that the owner will be liable for the delinquent fees or charges. This bill has been incorporated into HB 1922.
Patron - Armstrong

F HB2113

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. This bill has been incorporated into HB 2407.
Patron - Van Landingham

F HB2116

Urban county executive form of government; commission on human rights. Adds "sexual orientation" as prohibited discrimination and authorizes 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 HB2121

Signs prohibiting children under 12 from entering restaurant smoking section. Provides that the owner or proprietor of a restaurant shall post a sign prohibiting children under 12 from entering the smoking section and that he may be subject to a civil penalty of not more than $25 for failing to do so.
Patron - Eisenberg

F HB2152

Boards of zoning appeals. Rewrites the criteria for instances in which the board of zoning appeals may grant a variance to the zoning ordinance in order to grant the board additional flexibility. This bill has been incorporated into HB 2159
Patron - Amundson

F HB2167

Affordable housing. Provides that notwithstanding any other provision of law, no locality may adopt an affordable housing program, or implement an existing program, after January 1, 2005, pursuant to §15.2-2304 or 15.2-2305, or as part of a comprehensive plan pursuant to § 15.2-2223, that provides that a developer pay an affordable housing contribution as part of an approval using a (i) special exception, (ii) special use permit, (iii) site plan or (iv) subdivision process. The bill does not apply to not-for-profit developers.
Patron - Reese

F HB2220

Non-conventional sewage disposal systems; local authority; civil penalties. Authorizes a locality to establish, by ordinance, a schedule of civil penalties for violations relating to the operation and maintenance of non-conventional sewage disposal systems. "Non-conventional sewage disposal system" means any Type II or Type III system, as defined in the Sewage Handling and Disposal Regulations 12 VAC 5-610-10 et seq., including holding tanks and residential discharging wastewater treatment systems.
Patron - Rust

F HB2276

Local ordinance requiring removal of petroleum facility improvements; penalty. Authorizes any locality to provide by ordinance that the owner of improvements at a motor fuels retail facility, within three years after the premises cease to be used as such a facility, shall remove all improvements and grade the surface, and thereafter shall maintain the surface in a natural or vegetated state until another use is established on the site. This bill is identical to SB 1199.
Patron - Oder

F HB2280

Combining nonconforming lots. Allows localities to require the combination of abutting nonconforming lots under single ownership prior to issuance of a building permit for any such lot having substandard lot frontage, width, or area that is less than 50 percent of the required minimum under current lot regulations.
Patron - Spruill

F HB2346

Impact fees. Allows localities to adopt provisions for the assessment of impact fees. The impact fees may be assessed in relation to the adequacy of education, transportation, parks, or public safety needs. 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 impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan, and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so. Any impact fee ordinances shall expire after six years, and may then be adopted for consecutive six-year periods.
Patron - Marshall, R.G.

F HB2347

Local licensing of abortion clinics. Authorizes localities to adopt an ordinance requiring local licensing of abortion clinics. No person shall own, establish, conduct, maintain, manage or operate in an abortion clinic in any locality that has adopted such ordinance without obtaining a local license. Any requirements of licensure pursuant to such ordinance shall be in addition to, not in lieu of, any other requirements imposed on such facilities by law or Board of Health regulation. "Abortion clinic" is defined as any facility, other than a hospital as defined in § 32.1-123, in which 25 or more first trimester abortions are performed in any 12-month period.
Patron - Marshall, R.G.

F HB2354

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 HB2395

Wireless service authorities; offering qualifying communications services. Authorizes any wireless service authority to offer qualifying communications services on the same terms as localities and other political subdivisions, except that the provision by a wireless service authority of wireless high-speed data service and Internet access service to the public throughout a locality prior to July 1, 2004, shall not require State Corporation Commission approval.
Patron - Phillips

F HB2425

Family subdivision. Provides an exemption to minimum zoning requirements for certain family subdivisions.
Patron - Cole

F HB2476

School impact fees. Provides that a locality may by ordinance assess and impose impact fees on a new residential development to pay all or a part of the costs of school facility improvements attributable in substantial part to such development.
Patron - May

F HB2479

Cash Proffers. Provides that cash proffers accepted by certain localities for transportation purposes may be used for alternative transportation purposes that are in reasonable proximity to the development. Prior to the transfer of funds, the governing body shall conduct a public hearing and make a determination that (i) the cash proffers cannot be used in a timely manner for their original purpose, and (ii) the transfer of funds will improve transportation conditions within reasonable proximity to the development.
Patron - May

F HB2498

Car tax relief; replacing car tax reimbursements with other local taxing authority. Repeals the car tax reimbursement program and replaces it by giving counties the same taxing authority as cities, and allowing all localities the option of imposing a local income tax. The bill is effective January 1, 2007, and only if a Constitutional amendment is ratified in November 2006 making motor vehicles exempt from taxation. This bill has been incorporated into HB 2066.
Patron - Amundson

F HB2534

Video Infrastructure Development and Competition Act of 2005. Seeks to encourage video infrastructure development and promote the public interest in lower prices and higher quality video services by equalizing franchise requirements for all competitors to use the public rights-of-way.
Patron - Ingram

F HB2563

Water and sewer charges. Provides that the owner of rental property shall be liable for delinquent fees or charges only if a locality or authority has advised the owner of such real estate, at the time of initiating service to a lessee or tenant of such real estate, that the owner will be liable for the delinquent fees or charges. This bill has been incorporated into HB 1922.
Patron - Marshall, D.W.

F HB2591

Waiver of water and sewer charges. Allows localities to provide a waiver of all or a portion of water and sewer charges to families of active duty National Guard members and reservists.
Patron - Weatherholtz

F HB2606

Entitlement to tax revenues; baseball stadiums. Reinstates provisions to the Virginia Baseball Stadium Authority that expired on January 1, 2005. These provisions entitle the Virginia Baseball Stadium Authority, subject to appropriation, to all personal income tax, corporate tax, and pass-through tax revenues collected by the Commonwealth as a result of the existence of a major league stadium. The locality in which the stadium is located may pledge all BPOL tax revenue generated on the premises of the stadium to the Authority. The Authority cannot issue bonds or lease the stadium to the Commonwealth if either would be considered tax-supported debt or affect the Commonwealth's debt capacity unless authorized by the General Assembly. The locality may levy an admissions surcharge to be used to reimburse the locality for its expenses in connection with the stadium. This bill has been incorporated into HB 2455.
Patron - Callahan

F HB2818

Local coal and gas road improvement tax; sunset date. Removes the December 31, 2007, sunset date for the local coal and gas road improvement tax.
Patron - Phillips

F HB2839

Boards of zoning appeals. Rewrites the criteria for instances in which boards of zoning appeals may grant a variance to the zoning ordinance by changing the requirement of an "undue hardship" to a "clearly demonstrable" hardship. This bill has been incorporated into HB 2159.
Patron - Keister

F HB2877

Powers of service districts. Adds the burying of high voltage power lines to the powers of service districts.
Patron - May

F HB2901

Prohibition on certain legal actions; air installations compatible use zones. Provides that no person shall bring any action at law or suit in equity against any locality, the Commonwealth, or the federal government because of, or arising out of, the purchase, after July 1, 2005, of any property that falls within an air installations compatible use zone due to noise or other impacts associated with aircraft operation.
Patron - Cosgrove

F HB2904

Buchanan County Tourist Train Development Authority; eminent domain. Grants the authority the power of eminent domain for the purposes of establishing adequate space for an excursion train turn-around, sidings, boarding, and theme park facilities.
Patron - Stump

F HJ720

Encourage local governments to enhance disability access to public areas. Encourages local governments in the Commonwealth to enhance disability access in public buildings, facilities, and spaces by establishing teams of persons with disabilities qualified to provide advice and technical consultation on improving access to public areas.
Patron - Miller

F SB739

Binding referendum in Wythe County on adoption of zoning ordinance. Provides that the Circuit Court of Wythe County shall order a referendum to be held on the question of whether the qualified voters desire the county to adopt a zoning ordinance for their magisterial district. The referendum shall be held at the time of the 2005 November general election. If a majority of the voters voting in the referendum in a particular magisterial district vote in favor of the zoning ordinance, the proposed zoning ordinance shall become effective on January 1, 2006, in that magisterial district.
Patron - Reynolds

F SB758

F SB846

F SB947

Vacant building registration. Adds towns to the current provisions that allow cities to require payment of a fee from owners of vacant buildings.
Patron - Puckett

F SB1072

Fairfax County referendum; Dulles Corridor Rapid Transit Project. Provides for a binding referendum at the November 2005 election in Fairfax County on the question: "Shall the Fairfax County Board of Supervisors be prohibited from committing or appropriating County revenues and funds to the Dulles Corridor Rapid Transit Project?" If a majority of the voters vote yes, the Board will be prohibited from committing or appropriating county revenues to the Project beyond amounts legally committed prior to the effective date of the act.
Patron - Cuccinelli

F SB1100

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

F SB1199

F SB1206

Affordable housing. Provides that, notwithstanding any other provision of law, a locality shall adopt or implement an affordable housing program after January 1, 2005, that provides for a developer to pay a contribution as a part of approval using a (i) special exception, (ii) special use permit, (iii) site plan or (iv) subdivision process. However, localities may do so through bonus density. The bill does not apply to not-for-profit developers. The provisions expire on July 1, 2006.
Patron - Mims

F SB1271

Local condemnation authority; definition of public uses. Amends the definition of "public uses" for which localities may exercise the power of eminent domain to exclude any condemnation of property by a locality that (i) is made with the intent of making the property available for ownership by a private entity, unless any benefits that will accrue to the private entity as a result of its ownership are merely incidental when compared to the benefits that will accrue to the public; or (ii) is otherwise predominantly for a private purpose. The bill further defines public use to exclude the receipt of taxes or other revenue by any government entity resulting from the condemnation of property.
Patron - Cuccinelli

F SB1272

Solid waste disposal fees. Adds Northampton County to those counties authorized to levy a fee for the disposal of solid waste. Also, costs incurred by counties in operating convenience centers, contracting for hauling costs, and landfill tipping fees are added to the expenses for which a county may charge the fee.
Patron - Rerras

F SB1337

Video Infrastructure Development. Seeks to encourage video infrastructure development by equalizing franchise requirements for all competitors to use the public rights-of-way.
Patron - Stosch

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