General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Counties, Cities and Towns

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Counties, Cities and Towns

Passed

P HB78

Reconstruction and restoration of certain damaged or destroyed nonconformities. Provides that if a building is damaged or destroyed by a natural disaster, the zoning ordinance may require that such building be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so.
Patron - Suit

P HB93

Subdivision and zoning ordinances; environmental site assessments. Allows localities to include in their subdivision or zoning ordinances provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment. A reasonable fee may be charged for the review of such environmental assessments. Such ordinances may also include provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans. The bill also provides that the residential property disclosure statement provided by the owner of residential real property to a purchaser include disclosure of adverse environmental site conditions. This bill is identical to SB 224.
Patron - Suit

P HB141

Impact fees for transportation. Adds Fauquier and Spotsylvania Counties to those localities authorized to impose impact fees for transportation and inserts a reference to the 1990 Census so as to narrow the potential application of that clause to Stafford County only. Also, an outdated provision is deleted.
Patron - Cole

P HB147

Powers of service districts. Provides that a locality creating a service district may contribute, from its general fund, an appropriate amount of funds to pay for certain authorized governmental services. The bill also allows a governing body creating a service district to accept the allocation, contribution, or reimbursement of funds from any locality for the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, expansion, and the operation or maintenance of any facilities and services in the district. Currently, the nonexhaustive list of available sources from which such governing body may accept the allocation, contribution, or reimbursement of funds extends only to persons, authorities, transportation districts, and state and federal agencies. This bill incorporates HB 149.
Patron - Cole

P HB148

Stormwater regulation. Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the improvement or maintenance of dams, whether publicly or privately owned, that serve to control stormwater. This bill incorporates HB 268.
Patron - Cole

P HB206

Powers of service districts. Expands the powers of service districts to include the accumulation and setting aside of annual tax revenue collected for road construction for such reasonable period of time as is necessary to finance such construction.
Patron - Cox

P HB308

Violations of zoning ordinance; penalties. Raises the maximum civil penalty for an initial summons from $100 to $200. The maximum civil penalty for second and subsequent violations of the zoning ordinance rises from $250 to $500.
Patron - Rust

P HB370

Regulation of firearms by counties; hunting. Amends existing provisions related to regulation of firearms along public highways by clarifying that the provisions apply to hunting.
Patron - Carrico

P HB456

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) adequate or sufficient 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; or (iv) 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 - Rust

P HB535

Water and sewer liens. Adds Manassas Park to those localities that have authority to provide that charges for water or sewer service may be a lien on the real estate served.
Patron - Parrish

P HB550

Fees for solid waste disposal by counties. Adds Highland County to the list of counties that have the authority to (i) levy penalty and interest on the fee for solid waste disposal and (ii) provide discounts for older and disabled persons on the fee for solid waste disposal. This bill is identical to SB 407.
Patron - Saxman

P HB686

Sidewalks. Allows localities to include in their subdivision ordinances provisions requiring the dedication for public use of a right-of-way for, and the construction of, a sidewalk on certain lots that are adjacent to an existing sidewalk.
Patron - Brink

P HB709

Waste disposal; civil penalty. Allows the City of Roanoke to impose a civil penalty without further notice for the non-removal of waste containers after the third notice.
Patron - Ware, O.

P HB771

Initiating Condemnation. Requires localities to hold a public hearing prior to adopting an ordinance or resolution initiating a condemnation. Other political subdivisions are also required to hold a public hearing prior to initiating a condemnation.
Patron - Armstrong

P HB781

Rights of residents and employees to contact elected officials. Provides that every local government employee has the right to express opinions to state or local elected officials on matters of public concern. Retaliation based upon a local government employee's exercise of such right is unlawful. This measure tracks the language in § 2.2-2902.1 that is applicable to state employees. In addition, the bill provides that certain local auditors shall be responsible for administering a telephone hotline, and a website, if cost-effective, through which local employees and residents may report incidences of fraud, waste, or abuse in the administration of local government. Accordingly, auditors are authorized to inform local employees of the hotline through a variety of measures. Furthermore, the auditors are required to investigate authentic allegations of fraud, waste, or abuse.
Patron - Albo

P HB822

Donations by libraries. Allows local public libraries to make donations of materials that are to be discarded from their collections to nonprofit organizations.
Patron - May

P HB915

Vacant and abandoned buildings. Provides that the City of Newport News may, by ordinance, require screening for certain vacant or abandoned retail or commercial properties. This bill is identical to SB 199.
Patron - Oder

P HB918

Board of zoning appeals; variances. Provides that the property upon which a property owner has been granted a variance shall be treated as conforming; however, the use or the structure permitted by the variance may not be expanded.
Patron - Oder

P HB919

Subdivision ordinance; easements. Modifies the timing for transfer of easements from a developer to a franchised cable television operator or telephone service provider. Existing language that refers to conveyance by reference on the final plat is amended to require conveyance within 30 days after a written request by the cable operator.
Patron - Oder

P HB955

Eminent domain; unincorporated churches. Includes "unincorporated churches" with regard to certain eminent domain provisions. Religious corporations are included under current law.
Patron - Joannou

P HB999

Grievance procedure; Albemarle County utilizing an administrative hearing officer rather than panel. Allows Albemarle County to utilize an administrative hearing officer rather than a three-member panel to hear cases involving employee grievances.
Patron - Toscano

P HB1002

Salary procedure for members of Arlington County Board and School Board. Provides that the procedure for determining the salary, reimbursements, and expenses allowed to each member of the Arlington County Board shall be the same procedure that exists for other counties in the Commonwealth. In addition, the bill provides the procedures by which the elected Arlington County School Board may set its members' salaries and grant itself fringe benefits, expenses, and reimbursements and sets a maximum salary of $25,000.
Patron - Englin

P HB1021

Board of zoning appeals decisions. Provides that the findings and conclusions of the board of zoning appeals on questions of fact are presumptively correct. The bill also directs the circuit court to hear any arguments on questions of law de novo.
Patron - Hurt

P HB1027

Expenses incurred in responding to DUI or other traffic incidents. Authorizes a locality to provide, by ordinance, that a person convicted of violating a DUI or other traffic statute shall be liable for restitution at the time of sentencing to the locality, or a responding law enforcement or volunteer fire or rescue squad, for reasonable expenses incurred by such locality, or responding law enforcement or volunteer fire or rescue squad when providing an appropriate emergency response to any accident or incident related to such violation. Currently, the Code authorizes a locality to provide that a person convicted of violating a DUI or other traffic statute shall be liable in a separate civil action for such reasonable expenses incurred.
Patron - Hurt

P HB1073

Conditional zoning. Provides that localities may accept proffered conditions once a public hearing has begun if the amended proffers do not materially affect the overall proposal.
Patron - Dudley

P HB1144

Additional method for subdivision of a lot for conveyance to a family member. Allows a locality to include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, if (i) the property has been owned for at least 15 consecutive years by the current owner or member of the immediate family and (ii) the property owner agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. The locality may require that the subdivided lot is no more than one acre and otherwise meets any other express requirement contained in the Code of Virginia or imposed by the local governing body.
Patron - Orrock

P HB1171

Removal of certain local board and commission members. Provides that a local governing body may remove, without limitation, any member of a local industrial development authority, planning commission, or wetlands board who misses any three meetings in a row, or any four meetings in any 12-month period.
Patron - Rapp

P HB1187

Electric authorities. Amends the Electric Authorities Act. An electric authority created by the Town of Elkton in which the Town is the authority's sole member is (i) subject to taxation only to the extent that the Town is subject to such taxation; (ii) subject to the provisions of the Virginia Personnel Act and the Virginia Public Procurement Act in the exercise of any power conferred under the Electric Authorities Act to the extent that such provisions would have applied to the Town of Elkton in the exercise of such power directly; and (iii) authorized to distribute electric energy for retail sale within the geographic area that was served as of January 1, 2006, by the Town of Elkton. In addition, the bill provides that the provisions of the Virginia Electric Utility Restructuring Act shall not apply to, or impair the exclusive territorial rights of, an authority created by the Town of Elkton in which the Town is the authority's sole member. This bill is identical to SB 406.
Patron - Landes

P HB1192

Cash proffers; road improvements. Allows localities to award a contract to certain entities that are willing to construct a more extensive road improvement utilizing cash proffers of others as well as other available funds, upon a written determination by the governing body stating the basis for awarding one construction contract to extend the limits of the road improvement. This bill is identical to SB 681.
Patron - Marshall, R.G.

P HB1214

High grass and weeds; civil penalty. Permits the City of Williamsburg to require that owners of occupied property cut grass, weeds and other foreign growth on the property and if a property owner, after reasonable notice, fails to do so the City may cut such grass, weeds or other foreign growth and the cost and expenses thereof shall be chargeable to and paid by the owner of the property.
Patron - Barlow

P HB1326

Buildings that significantly threaten public safety. Provides that localities may take action to prevent unauthorized access to buildings that significantly threaten public safety within seven days of reasonable written notice.
Patron - Ware, O.

P HB1356

Mutual aid agreements. Allows all sheriffs to enter into mutual aid agreements. Current provisions apply only to sheriffs with primary law-enforcement authority. This bill incorporates HB 1189.
Patron - Bell

P HB1372

Disclosures in land use proceedings. Provides an exception to the disclosure requirements in land use proceedings where the board of supervisors is the applicant and the application property involves more than 10 parcels under different ownership. The bill also clarifies that with respect to amendments of a zoning ordinance, the disclosure requirements apply only to zoning map amendments.
Patron - Hull

P HB1375

Preliminary plats. Requires certain preliminary plats to be forwarded to the appropriate state agency for review within 10 business days of receipt by the locality.
Patron - Hull

P HB1396

Authority to cut grass. Adds Hanover County to the list of 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. Hanover County may, 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 - Hargrove

P HB1435

Zoning; agricultural districts; farm wineries. Provides that localities may not require that a special exception or special use permit be obtained for the processing of wine by licensed farm wineries. Also, no locality may adopt any requirements for special exceptions or special use permits relating to licensed farm wineries that would be more restrictive than its requirements in effect as of January 1, 2006. Further, any special exception or special use permit in effect as of January 1, 2006, shall remain in effect until July 1, 2007, unless such exception or permit is either no longer required by the locality or is amended to be less restrictive. Other provisions are also included that are generally intended to temporarily preserve the status quo while the Secretary of Agriculture and Forestry undertakes a study of issues surrounding the farm winery industry. The results of such study are to be reported to the 2007 Session of the General Assembly.
Patron - Albo

P HB1404

Licensing and regulation of cable television systems. Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities. The new procedure provides for localities to grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality's rights-of-way, after requesting to negotiate a cable franchise agreement. Upon receipt of an application for an ordinance cable franchise, the locality shall adopt necessary ordinances within 120 days. A locality granting an ordinance franchise may, if it currently has fewer than three public, educational or governmental (PEG) channels, obtain up to three PEG channels from all cable operators. A locality that has approved a cable franchise in the 12 months preceding July 1, 2006, is exempted from provisions of this measure until an existing franchise expires. This bill is identical to SB 706.
Patron - Griffith

P HB1506

Proffered cash payments. Provides that a locality may accept proffered conditions if such locality has had population growth of five percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. In addition, the bill provides that a zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, including the payment of cash for any off-site road or transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program. The bill further provides that a locality may utilize any cash payments proffered for any road or transportation improvement that is incorporated into the capital improvements program as its matching contribution under the present revenue-sharing fund program for highway systems in certain counties. This bill incorporates HB 1520.
Patron - Athey

P HB1513

Coordination of state and local transportation planning. Provides that prior to adoption of any comprehensive plan or amendment the locality shall submit such plan or amendment to the Department of Transportation for review and comment. The Department shall provide written comment on the proposed plan or amendment within 90 days of receipt thereof. Also, upon submission to a locality of an application for rezoning, the locality shall submit such application to the Department of Transportation within 10 business days of receipt thereof. Such application shall include a traffic impact statement if required by the locality by ordinance. Within 45 days of its receipt of such application, the Department shall either (i) provide written comment on the rezoning application, or (ii) schedule a meeting, to be held within 60 days of its receipt of the application, with the local planning commission or other agent and the applicant to discuss potential modifications to the application to address any concerns or deficiencies. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within 10 business days of receipt of the plat or plan. The bill also provides that a local comprehensive plan may include the designation of new and expanded transportation facilities and recommendations that support the planned development of the territory covered by the plan. This bill incorporates HB 1609 and is identical to SB 699.
Patron - Frederick

P HB1521

Comprehensive plans and official maps; road improvements. Requires that the comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each road and transportation improvement shown on the plan. The bill also requires that the comprehensive plan include an official map that shall show road and transportation improvements, including the cost of such road and transportation improvements, which are sufficient to meet the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. The bill further provides that the comprehensive plan may include, but need not be limited to, the designation of a system of community service facilities such as sports playing fields and the designation of areas for various types of public and private development and use such as active and passive recreation. In addition, the local planning commission shall, in the preparation of a comprehensive plan, survey and study road and transportation improvements and the costs thereof. Furthermore, the comprehensive plan shall recommend methods of implementation, which may include, but need not be limited to, a recreation and sports resource map. This bill incorporates HB 1529.
Patron - Marshall, R.G.

P HB1525

Vacant building registration. Allows the Town of Pulaski, in conservation and rehabilitation districts, to require the owner of a building that has been vacant for a continuous period of 12 months to register such building and charge a fee not to exceed $25. Failure to register may result in a civil penalty. The current provisions apply only to cities.
Patron - Crockett-Stark

P HB1528

Capital improvement programs. Provides that a capital improvement program shall include estimates of cost of each road and transportation improvement adopted as an amendment to a locality's comprehensive plan.
Patron - Hamilton

P HB1537

Condemnation; sport shooting ranges. Provides that any sport shooting range operating or approved for construction in the Commonwealth, which upon condemnation relocates to another site in the same locality, shall not be subject to any noise control standard more stringent than those in effect when the sport shooting range was originally approved for construction or began operating, whichever was earlier.
Patron - Saxman

P HB1554

Virginia Residential Property Disclosure Act; Notice of historic district. Provides that the disclosure and disclaimer forms required under the Virginia Residential Property Disclosure Act contain a notice to purchasers that the property is located in a historic district if the owner has knowledge of such designation. Otherwise, the notice shall advise purchasers to exercise whatever due diligence prior to settlement.
Patron - Spruill

P SB51

Voluntary settlements among localities; effective date. Mandates that voluntary agreements that provide for municipal annexation shall take effect, in the absence of a stipulated date, on the first day of the month following court validation of the voluntary agreement. The Code currently provides for such agreements to take effect on January 1 of the year set forth in the agreement.
Patron - Ruff

P SB95

Cluster development. Exempts property located in an Air Installation Compatible Use Zone from a requirement for administrative approval by a locality of certain types of cluster development.
Patron - Blevins

P SB164

Powers of waste and water authorities. Clarifies the powers of waste and water authorities regarding cost reserves and expenditures for operating capital. A second enactment clause validates certain previous acts by such authorities.
Patron - Quayle

P SB199

P SB224

Subdivision ordinances; site assessments; remediation. Allows localities to include in their subdivision or zoning ordinances provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment. A reasonable fee may be charged for the review of such environmental assessments. Such ordinances may also include provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans. The bill also provides that the residential property disclosure statement provided by the owner of residential real property to a purchaser include disclosure of adverse environmental site conditions. This bill is identical to HB 93.
Patron - Quayle

P SB273

Arlington County Affordable Dwelling Unit ordinance; permitting certain densities in the comprehensive plan. Authorizes Arlington County to provide in its comprehensive plan for the physical development within the County for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the county. The bill authorizes the County to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the County's affordable housing fund in lieu of providing the units.
Patron - Whipple

P SB283

Arts and cultural districts. Adds the Town of Chincoteague to those localities that may by ordinance establish within their boundaries an arts and cultural district for the purpose of increasing awareness and support for the arts and culture in the locality. Each locality may provide incentives for the support and creation of arts and cultural venues in the district.
Patron - Rerras

P SB371

Optional provisions of a subdivision ordinance; Fairfax County. Provides that if an owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years, then (i) a personal, corporate, or property bond may be disallowed by the governing body as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets certain requirements; and (ii) the governing body may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25 percent of the estimated construction costs, but not exceed 50 percent of the estimated construction costs. Furthermore, the bill provides that if the subdivider or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years prior to a written request for partial release, the cumulative amount released may be equal to no less than 80 percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken.
Patron - Saslaw

P SB373

Transfer of development rights. Allows localities to provide for the transfer of development rights from a parcel of property located in the locality to another parcel of property located elsewhere in the locality.
Patron - Watkins

P SB374

Clustering of single-family dwellings. Deletes certain optional provisions regarding the clustering of single-family housing and reinserts those provisions as mandatory provisions of zoning or subdivision ordinances for counties and cities that had a population growth rate of 10 percent or more from the next-to-latest to latest decennial census year. Such localities shall provide in their zoning or subdivision ordinances, applicable to a minimum of 40 percent of the unimproved land contained in residential and agricultural zoning district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the localities may include any provisions they determine appropriate to ensure quality development, preservation of open space, and compliance with their comprehensive plan and land use ordinances.
Patron - Watkins

P SB406

P SB407

Fee for solid waste disposal. Adds Highland County to those counties that have certain additional authority with regard to the collection of such fees, including the ability to levy penalties for late payments. This bill is identical to HB 550.
Patron - Hanger

P SB467

Williamsburg Area Transit Authority. Establishes a local transportation authority in the Williamsburg area. The Authority shall prepare a regional transit plan for all or portions of those areas located within the City of Williamsburg, the County of James City, such portions of York County as its governing body desires to have covered, and the areas owned or operated by the College of William and Mary and the Colonial Williamsburg Foundation, to include, but not necessarily be limited to, transit improvements of regional significance.
Patron - Norment

P SB479

Water and sewer liens. Adds Manassas Park to those localities that have authority to provide that charges for water or sewer service may be a lien on the real estate served.
Patron - Colgan

P SB511

Virginia Regional Industrial Facilities Act. Adds Planning District 2 to those planning districts that may create a regional industrial facility authority with two or more localities rather than three or more localities.
Patron - Puckett

P SB514

Maintenance of certain private roads in Dickenson County. Adds Dickenson County to an existing provision allowing county maintenance of private roads serving certain cemeteries.
Patron - Puckett

P SB548

Virginia Regional Industrial Facilities Act. Clarifies that members of the board may be appointed for as many terms as the governing body desires.
Patron - Reynolds

P SB681

Cash proffers; road improvements. Allows localities to award a contract to certain entities that are willing to construct a more extensive road improvement utilizing cash proffers of others as well as other available funds, upon a written determination by the governing body stating the basis for awarding one construction contract to extend the limits of the road improvement. This bill is identical to HB 1192.
Patron - Colgan

P SB699

Coordination of state and local transportation planning. Provides that prior to adoption of any comprehensive plan or amendment the locality shall submit such plan or amendment to the Department of Transportation for review and comment. The Department shall provide written comment on the proposed plan or amendment within 45 days of receipt thereof. Also, upon submission to a locality of an application for rezoning, the locality shall submit such application to the Department of Transportation within five days of receipt thereof. Such application shall include a traffic impact statement if required by the locality by ordinance. Within 30 days of its receipt of such application, the Department shall either (i) provide written comment on the rezoning application, or (ii) schedule a meeting, to be held within 60 days of its receipt of the application, with the local planning commission or other agent and the applicant to discuss potential modifications to the application to address any concerns or deficiencies. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within five days of receipt of the plat or plan. The bill also provides that a local comprehensive plan may include the designation of a planned system of new and expanded transportation facilities including, but not limited to, roads and highways and commuter rail lines, where appropriate. This bill incorporates SB 724 and is identical to HB 1513.
Patron - Houck

P SB706

P SB720

Highway user fees. Provides that, when the capacity of any system of state highways or a portion thereof is expanded by construction or reconstruction, the Commonwealth Transportation Commissioner may enter into agreements with localities, authorities, and transportation districts to establish highway user fees for highways that the localities, authorities, and transportation districts maintain. The bill also allows any locality to establish highway user fees for highways that are not part of any system of state highways when such highway's capacity is expanded by construction or reconstruction.
Patron - Wagner

Failed

F HB139

Condemnation authority outside locality's boundaries. Requires localities condemning property outside their boundaries to first obtain consent from the locality in which the property is located.
Patron - Cole

F HB142

Zoning ordinances; group homes of six or fewer. Authorizes local governments to adopt zoning ordinances considering a residential facility in which no more than six mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. Any group home licensed prior to July 1, 2006, for occupancies of greater than six will be authorized to continue to operate pursuant to the zoning ordinance in effect at the time of its establishment.
Patron - Cole

F HB149

Powers of service districts. Allows a governing body or bodies creating a service district to accept the allocation, contribution, or funds of, or to reimburse from, any locality for the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, expansion, and the operation or maintenance of any facilities and services in the district. Currently, the nonexhaustive list of available sources from which such governing body or bodies may accept the allocation, contribution, or funds of, or reimbursements from, extends only to persons, authorities, transportation districts, and state and federal agencies. This bill was incorporated into HB 147.
Patron - Cole

F HB178

Number of deputy sheriffs. Requires the number of full-time deputies appointed by the sheriff of a county or city to be fixed by the Compensation Board at not less than 10 deputies.
Patron - McEachin

F HB190

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, or by any entity regulated by the State Corporation Commission, 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. This bill was incorporated into HB 94.
Patron - Marshall, R.G.

F HB266

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

F HB268

Stormwater regulation. Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the enlargement or improvement of dams, whether publicly or privately owned, that serve to control stormwater. This bill was incorporated into HB 148.
Patron - Cole

F HB283

Fees for water services. Clarifies that water services are treated the same as sewer services with regard to fees and charges.
Patron - Marshall, D.W.

F HB337

Plats. Clarifies the definition of "plat," adds a definition for "preliminary plat," and provides that if approval is required from a state agency, localities are required to forward a preliminary plat to the appropriate state agencies within five days.
Patron - Orrock

F HB380

Vacant building registration. Increases the vacant building annual registration fee from $25 to $100.
Patron - Dance

F HB408

Eminent domain; definition of public uses. Provides a definition of public uses and specifies instances in which the condemnation of real property may be used by a public entity to convey such property to a nongovernmental person or entity. Under the bill, "public uses" shall not include the use of eminent domain authority to condemn property if the intent is to increase or enhance tax revenues unless the increased or enhanced tax revenues are merely incidental when compared to the benefits that will accrue to the public. This bill was incorporated into HB 94.
Patron - Marshall, R.G.

F HB515

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. This bill was incorporated into HB 94.
Patron - Armstrong

F HB694

Virginia Baseball Stadium Authority. Expands the authority to include all professional sports and changes the name of the authority to the Virginia Sports Facility Authority.
Patron - Suit

F HB705

Local regulation; hunting and discharge of firearms. Prohibits a locality from regulating hunting or the discharge of firearms.
Patron - Hogan

F HB710

Buildings that significantly threaten public safety. Provides that localities may take action to secure buildings that significantly threaten public safety within seven days of reasonable written notice.
Patron - Ware, O.

F HB817

Affordable housing ordinances. Adds the Town of Leesburg to existing provisions that allow certain localities to provide for an affordable housing dwelling unit program. The program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of moderately priced housing by providing for optional increases in density in order to reduce land costs for such moderately priced housing.
Patron - May

F HB820

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

F HB881

Cable service; franchises; competition. Establishes franchising procedures that authorize eligible video providers, which include certificated providers of telecommunications services with previous consent to use the public rights-of-way, to provide cable service and other video service. Upon compliance with the requirements established by this measure, (i) the previous consent granted to an eligible video provider to use the public rights-of-way for telecommunications services is deemed a franchise authorizing it to use the rights-of-way to provide cable service and (ii) eligible video providers are granted a 15-year franchise. However, in order to hold the franchise, an eligible video provider shall file a certification at least 30 days prior to offering cable service in which it undertakes to comply with specific requirements. After the certificate is filed, the locality has 120 days to pass any required ordinances to regulate the provision of cable service. Localities may grant cable operators that obtained franchises prior to the enactment of this measure consent to obtain a franchise under the provisions applicable to eligible video providers after considering certain criteria. The grant of a franchise or the renewal of a franchise does not obligate an eligible video provider to provide cable service throughout the locality or in any specific territory within the locality. This bill was incorporated into HB 1404.
Patron - Kilgore

F HB914

Vacant and abandoned buildings. Provides that the City of Newport News may, by ordinance, require screening, landscaping, or other improvements for certain vacant or abandoned retail or commercial properties.
Patron - Oder

F HB924

Eminent domain; public use. Redefines public use to exclude public purposes such as an increase in tax revenue or an increase in jobs. This bill was incorporated into HB 94.
Patron - Landes

F HB956

Condemnation; public uses. Defines "public uses" as embracing uses of property where, following its acquisition by exercise of the power of eminent domain, (i) the ownership, possession, occupation, and enjoyment of the property shall be by the Commonwealth or by a political subdivision thereof or (ii) the public at large shall have the legal right to use the property, including use of the property by a public utility that is accountable to the public in its use of the property. Article I, Section 11 of the Constitution authorizes the General Assembly to define "public uses" for which property may be acquired by exercise of the power of eminent domain. An existing section defining "public uses" as embracing all uses necessary for public purposes is repealed.
Patron - Joannou

F HB962

Costs of blight abatement. Authorizes localities to place a lien on blighted properties repaired or acquired by the locality to recover interest at the annual rate of six percent on the cost of improvements made by the locality to bring such property in compliance with applicable building codes or the cost of disposing of the property. Currently, localities are authorized to charge simply the costs, but not any interest thereon, of blight abatement to the property owner.
Patron - Bulova

F HB1070

Transportation District Act of 1964; local taxation. Provides that the governing bodies comprising the transportation district may agree to impose a local tax to be used exclusively by the district in order to accomplish its purposes. Prior to becoming effective, the tax shall be approved by two successive governing bodies of each locality, with an intervening election occurring between the votes of the governing bodies. The tax need not be approved by voter referendum.
Patron - Hall

F HB1189

F HB1224

Permitted provisions in zoning ordinances. Clarifies that a locality may provide in its zoning or subdivision ordinance standards, conditions, and criteria for the dispersal of business establishments of persons engaged in any of the following businesses: (i) cashing checks, drafts, or money orders for compensation; (ii) making payday loans to any consumer residing in the Commonwealth; and (iii) lending money secured by a bailment of a certificate of title to a motor vehicle or by a security interest in a motor vehicle.
Patron - Jones, D.C.

F HB1278

Eminent domain; definition of public use. States that public uses shall not include the taking of private property for the primary purpose of or tax revenue enhancement. This bill was incorporated into HB 94.
Patron - Iaquinto

F HB1318

Adequate water resources. Permits localities to adopt reasonable provisions allowing the locality to deny or delay subdivision approval or issuance of a building permit or deny a rezoning request if the locality demonstrates that public facilities related to the provision of water are inadequate to support the services that will be required by a proposed subdivision or zoning classification. The locality shall base such determination on its water supply plan as approved by the Department of Environmental Quality and on-demand projections in such plan.
Patron - Wittman

F HB1341

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. This bill was incorporated into HB 94.
Patron - Bell

F HB1371

Condemnation proceedings; political subdivisions. Makes provisions that are applicable to localities also applicable to all other political subdivisions.
Patron - Hull

F HB1373

Urban county executive form of government; commission on human rights. Adds "sexual orientation" as prohibited discrimination in a county with the urban county executive form of government (Fairfax County).
Patron - Hull

F HB1414

Violations of ordinances; civil penalties. Provides that the attorney for the county, city, or town in which a violation of an ordinance occurs may enforce such ordinance by a civil action to recover a civil penalty of not more than $1,000 per violation. Any such civil penalty shall be paid into the general fund of such county, city, or town.
Patron - Hargrove

F HB1422

Cash proffers; purchase of development rights programs. Provides that a locality that has established a purchase of development rights program may include in its zoning ordinance provisions for the voluntary proffering in writing, by the owner, of reasonable conditions, which shall include the payment of cash to the locality for local purchase of development rights that will be dedicated as easements for conservation, open space, or other purposes pursuant to the Open-Space Land Act. No such proffer shall be accepted by a locality; however, if the owner has already proffered dedication of such easements to that locality. For purposes of this bill, development rights means the level and quantity of development permitted by the zoning ordinance expressed in terms of housing units per acre, floor area ratio, or equivalent local measure.
Patron - Wittman

F HB1476

Funding to localities for state mandates. Allows a locality upon request to the General Assembly to receive funding for new state mandates when the Consumer Price Index published by the U.S. Department of Commerce is more than the increase in the assessed value of private real estate in the locality.
Patron - McEachin

F HB1520

F HB1522

Subdivision ordinances; payment of pro rata share. Adds "roads" to existing provisions that allow localities to create development districts for paying the pro rata share of sewer, water, or drainage facilities.
Patron - Ware, R.L.

F HB1523

Property conveyance. Authorizes the City of Hampton to convey any portion of the real property known as the Carousel Site to a nonmunicipal entity.
Patron - Ward

F HB1529

Comprehensive plans and official maps; road improvements. Requires that the comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each road and transportation improvement shown on the plan. The bill also requires that the comprehensive plan include an official map that shall show road and transportation improvements, including the cost of such road and transportation improvements, which are sufficient to meet the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. In addition, the local planning commission shall, in the preparation of a comprehensive plan, survey and study road and transportation improvements and the costs thereof. The local planning commission, in localities where no official map exists or where an existing official map is incomplete, shall make, or cause to be made, a map showing the location of every road and transportation improvement and any cost thereof. This bill was incorporated into HB 1521.
Patron - Hamilton

F HB1542

Transfer of development rights. Authorizes localities as part of their zoning ordinances to provide for transfer of development rights from one parcel of land to another parcel of land, thereby increasing the density of development on one parcel while restricting development on the other parcel.
Patron - Sickles

F HB1594

Local government taxing authority. Equalizes municipal and county taxing authority by granting a county the same authority available to a municipality through the uniform charter powers if such county contributes 2 percent or more toward the costs of construction or improvement of the urban system highway or street construction projects within the county.
Patron - Hull

F HB1606

F HB1608

Comprehensive plan. Adds recreational and sports opportunities as factors to be considered by a locality in the preparation of its comprehensive plan. The characteristics and conditions of existing recreational and sports facilities and future needs shall be studied as part of such preparation. Also, sports facilities and playing fields are incorporated among those items that a locality may include in its long-range recommendations.
Patron - Valentine

F HB1609

Zoning; traffic impact. Requires localities to prepare and consider a traffic impact analysis prior to approving zoning amendments. This bill was incorporated into HB 1513.
Patron - McQuigg

F HB1610

Zoning; road capacity. Allows a locality to deny or modify a request for rezoning when the existing and future transportation network, which will serve the proposed development, is inadequate to handle the anticipated transportation impact of the proposed development.
Patron - Marshall, R.G.

F SB111

Violations of zoning ordinance; penalties. Raises the maximum civil penalty for an initial summons from $100 to $200. The maximum civil penalty for second and subsequent violations of the zoning ordinance rises from $250 to $500. Also, a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $10,000, rather than the current total of $5,000.
Patron - Howell

F SB131

Eminent domain; economic development. Provides that in any instance in which a substantial purpose of a condemnation is economic development, a locality must demonstrate that the condemnation is related to the redevelopment of an area that is at least two-thirds blighted. This bill was incorporated into SB 394.
Patron - O'Brien

F SB181

Conditional use permits. Provides that the governing body of a locality may impose a condition upon any special use permit issued after July 1, 2006, relating to retail alcoholic beverage licensees that provides that such special use permit shall be subject to an automatic review by the governing body upon a change in possession, a change in the owner of the business, or a transfer of majority control of the business entity.
Patron - Locke

F SB225

Road impact fees. Adds the City of Suffolk to those localities authorized to impose road impact fees. Also, an outdated sunset clause is deleted.
Patron - Quayle

F SB236

Certain local government ordinances requiring preservation of trees during the development process. Provides that certain Northern Virginia localities may, by ordinance, require preservation of trees on development sites to meet tree canopy requirements in proportion to predevelopment canopy. This bill also allows certain Northern Virginia localities to increase the amount of tree canopy required 20 years after development on residential sites. This bill is identical to SB 246.
Patron - Ticer

F SB246

F SB336

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. This bill was incorporated into SB 394.
Patron - Obenshain

F SB459

Disclosures in land use proceedings. Requires members of boards of supervisors who have received a gift or donation having a value greater than $99, either singularly or in the aggregate, to make full public disclosure at or before any proceeding involving a proposed amendment to the comprehensive plan if such gift or donation was given by an interested party, including the title owner, contract purchaser, lessee, and developer of any affected land, to the proposed comprehensive plan amendment. This bill also requires board members to disclose if such gift or donation was made by a trustee, attorney, agent, real estate broker, immediate family or household member, or close financial associate of any interested party. Currently, board members must only make full public disclosure at or before a land use proceeding if the gift or donation given by an interested party has a value greater than $100, and the land use proceeding involves an application for a special exception, variance, or amendment of a zoning ordinance.
Patron - Devolites Davis

F SB483

High grass and weeds; civil penalty. Allows localities within Planning District Number 23 (Hampton Roads) to require, by ordinance, the cutting of excessive weeds and grass on occupied properties.
Patron - Norment

F SB576

Ticket scalping ordinances. Provides that a locality may issue an ordinance providing that it is unlawful for any person, firm or corporation to resell for more than the (i) actual retail price or (ii) the price shown on the face, if any, any ticket for admission to any sporting event, theatrical production, lecture, motion picture or any other event open to the public. Currently, a locality may prohibit reselling such a ticket at a "profit."
Patron - McDougle

F SB631

Condemnation; "public use" defined. Defines "public uses," as mentioned Article I, Section 11 of the Constitution of Virginia, as the possession, occupation, and enjoyment of land by the general public or by public agencies, or the use of land for the creation or functioning of public utilities. In addition, the bill provides that public benefits or potential public benefits, including economic or private development, or an increase in the tax base, tax revenues, employment, or general economic health, do not constitute a public use. Furthermore, the proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use. This bill was incorporated into SB 394.
Patron - Cuccinelli

F SB640

Regulation of dance halls. Eliminates an exception to local dance hall regulatory authority that exempted certain restaurants having a dance floor with an area not exceeding 10 percent of the total floor area of the establishment.
Patron - Reynolds

F SB648

Virginia Indoor Clean Air Act; smoking in restaurants; civil penalties. Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions to the new smoking prohibitions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms clearly designated as "smoking" rooms so long as such rooms do not exceed 25 percent of the total accommodations within the establishment that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed; however, signs are not required on private homes, private residences, private vehicles, or home-based businesses, unless such private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care. Any person who continues to smoke in an area in which smoking is prohibited after having been asked to refrain from smoking will be subject to a civil penalty of not more than $100. Civil penalties of $250 will be levied for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses. Any law-enforcement officer may issue a summons regarding a violation of this law. The Board of Health will enforce the smoking restrictions and conduct an education program on the health benefits of avoiding exposure to secondhand smoke. The bill sets out relevant definitions and notes that any proprietor of a building or area excepted from the law has the right to prohibit smoking and that any principal or other administrator of an educational facility may adopt smoking prohibitions that are more stringent, including restrictions on smoking in areas on the facility's campus that are not enclosed; and that the new article must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any restaurant, establishment, building, or area or by other applicable law.
Patron - Bell

F SB673

Benefits coverage; employees and retired employees of localities. Provides that any locality that self-funds a health insurance program for their officers and employees may extend coverage under such program by any other class of persons as may be mutually agreed upon by the locality and the policyholder.
Patron - Whipple

F SB707

F SB724

Zoning; traffic impact. Requires localities to prepare and consider a traffic impact analysis prior to approving zoning amendments. This bill was incorporated into SB 699.
Patron - Quayle

Carried Over

C HB183

Condemnation; offer to repurchase. Provides that if a condemnor has acquired a fee simple interest in property by exercise of its power of eminent domain and subsequently fails to use the property for the declared public use for which it was condemned within three years of being vested with the title to such property, the condemnor shall offer, within 30 days following such determination, to sell such property to the former owner. The offer to sell shall be made by the condemnor at the price paid by the condemnor to the former owner plus interest at the annual rate of six percent; provided that the condemnor may increase the price by the fair market value of the condemnor's improvements, determined at the time the offer to sell is made. If a condemnor has acquired a fee simple interest in property by exercise of its power of eminent domain and subsequently fails to use the property for the declared public use for which it was condemned within 15 years of being vested with the title to such property, the condemnor shall offer, within 30 days following such determination, to sell such property to the former owner. The offer to sell shall be made by the condemnor at the fair market value of the property and improvements at the time of the offer.
Patron - Marshall, R.G.

C HB307

Zoning violations; penalties. Raises the maximum misdemeanor penalty for a zoning violation from $1,000 to $2,000. The misdemeanor maximum penalty for failure to remove or abate a zoning violation within the time period established by the court also increases from $1,000 to $2,000. Each 10-day period during which a zoning violation continues after the conviction or court-ordered abatement period has ended shall constitute a separate offense punishable by a fine of not less than $100 nor more than $2,500.
Patron - Rust

C HB704

County ordinances; discharge of firearms and hunting. Provides that a county may prohibit by ordinance hunting, the discharge of firearms, and the discharge of arrows from bows within one-half mile of a subdivision or in an area so heavily populated as to make hunting dangerous. However, no ordinance regulating the discharge of firearms or bows may be more restrictive than an ordinance concerning hunting. Any ordinance adopted after January 1, 1995 concerning the discharge of firearms or hunting that is more restrictive than the provisions of the act is invalid.
Patron - Hogan

C HB747

Regulation of parasail operators. Requires the Director of DPOR to regulate parasail operators. Any regulations adopted by the Director shall be consistent with the operating standards and guidelines of the Professional Association of Parasail Operators.
Patron - Purkey

C HB861

City of Martinsville; city reversion. Requires voter approval before the city can revert to town status.
Patron - Marshall, D.W.

C HB931

Tourism Financing Development Authority. Allows localities to create a Tourism Financing Development Authority. The authority shall have the power to issue bonds and establish a revolving loan fund or loan guarantee program to help carry out its powers and promote establishment of tourism infrastructure. Certain transient occupancy taxes may also be used for purposes of the authority.
Patron - Nutter

C HB1200

Population brackets. Replaces population brackets and other descriptions found in the Code of Virginia with locality names.
Patron - Landes

C HB1225

Comprehensive plan; smart growth policies; state funding. Requires localities to incorporate specified smart growth policies into their comprehensive plans. State funding is tied to such policies.
Patron - Jones, D.C.

C HB1420

Compensation Board; considerations for fixing salaries and staffing levels for certain sheriffs. Requires the Compensation Board to include in its allocation formula the effect of additional enforcement and safety needs of localities that (i) have bodies of water of 20,000 acres or more located wholly or partially within their jurisdiction and (ii) provide boating enforcement pursuant to a cooperative enforcement agreement with the Department of Game and Inland Fisheries.
Patron - Dudley

C HB1438

Permitted provisions in zoning ordinances; penalties. Authorizes a zoning ordinance to provide that any violation of limitations on occupancy of a residential dwelling unit shall be a Class 1 misdemeanor punishable by a fine of not less than $10 nor more than $2,500 and/or confinement in jail for not more than 12 months. The zoning ordinance may additionally provide that each day of such violation shall constitute a separate offense. Furthermore, the zoning ordinance may provide that in the case of a failure to remove or abate a violation of residential occupancy limitations within the time period established by the court, a court may order the violator to be confined in jail for not more than 12 months.
Patron - Sickles

C HB1497

City of Martinsville; city reversion. Requires approval from the Henry County voters before the city can revert to town status.
Patron - Marshall, D.W.

C SB432

Compensation Board. Adds two members to the Board who will be appointees of the House of Delegates and the Senate of Virginia. The gubernatorial appointee is required to be a former constitutional officer who may serve for up to six years.
Patron - Devolites Davis

C SB695

Local control over operation of boats. Provides that no locality or other political subdivision shall adopt or enforce any ordinance, resolution, or motion governing the operation of any watercraft, boat, or vessel other than those expressly authorized by statute. Any local ordinance, resolution, or motion adopted prior to July 1, 2006, governing the operation of any watercraft, boat, or vessel, other than those expressly authorized by statute, is invalid.
Patron - Hanger

C SB713

Affordable housing dwelling unit programs; ordinances. Provides that a locality may, in its zoning ordinance establishing an affordable housing dwelling unit program, exempt nonprofit organizations that develop housing for low- and moderate-income persons from subdivision provisions that impair such organizations' ability to subdivide land. In addition, owners of multifamily dwelling units are required to provide notice to the housing authority having an area of operation in which they are situated of their intent to sell or transfer ownership of such unit(s). Failure to provide the notification will not be the basis for invalidation of any sale, but may subject the terms of the sale to special review by the locality or the attorney for the locality to ensure that such sale has not resulted in a violation of any law by the transferring owner.
Patron - Marsh

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Counties, Cities and Towns

E-mail Webmaster