General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Counties, Cities and Towns


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Counties, Cities and Towns

Passed

P HB 1767

Arts and cultural districts. Adds the Town of Blacksburg 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 - Shuler

P HB 1778

Traffic signal enforcement programs; civil penalty. Grants localities the authority to operate traffic signal enforcement systems. Localities may install photo-monitoring systems at no more than one intersection for every 10,000 residents at one time. Provisions within the bill limit the use and retention of images recorded and provide other parameters and limitations for localities.
Patron - Cosgrove

P HB 1860

Making of fires. Authorizes counties to regulate or prohibit the making of fires in public places and, during emergency, on private property. Existing language related to cities and towns is moved to this section without change.
Patron - Wittman

P HB 1862

Severance benefits to local officials. Requires that any severance benefits provided to any departing official appointed by a local school board shall be publicly announced by that school board prior to such departure.
Patron - Wittman

P HB 1919

Undergrounding electric transmission lines. Adds Stafford County to the list of jurisdictions in which the governing body is authorized to enter into an agreement with an electric utility that provides for an additional charge to be included in the utility bills of customers located in a special rate district. The proceeds from the charge will be used to cover the utility's additional costs of constructing proposed high-voltage transmission lines underground rather than overhead. The measure does not apply to lines in operation as of March 1, 2005. This bill contains an emergency clause.
Patron - Cole

P HB 1968

Subdivision of a lot for conveyance to a family member. Amends the statute that authorizes localities to provide an additional method for subdivision of a lot for conveyance to a family member. Under current law, the property owner must agree 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 bill provides that a locality may reduce or provide exceptions to such period of years when changed circumstances so require.
Patron - Lewis

P HB 1974

Economic revitalization zone. Allows any city, by ordinance, to establish one or more economic revitalization zones for the purpose of providing incentives to private entities to purchase real property and interests in real property to assemble parcels suitable for economic development. Each city establishing an economic revitalization zone may grant tax incentives and provide regulatory flexibility. Properties that are acquired through the use of eminent domain shall not be eligible for the incentives and regulatory flexibility provided by the ordinance.
Patron - Fralin

P HB 1979

Annexation. Extends from 2010 to 2020 the temporary restriction on city annexation authority, the granting of city charters, and county immunity proceedings.
Patron - Lohr

P HB 2010

Affordable dwelling units. Provides that localities that adopt a program of bonus density in exchange for affordable housing will be allowed certain incentives and that the program may also apply to certain elevator structures above four stories except for localities in Planning District Eight. Also, such program may include establishment of a local housing fund to help the locality achieve its affordable housing goals. This bill incorporates HB 2451 and HB 2910.
Patron - Suit

P HB 2050

County executive form of government; boards of supervisors; powers, elections, terms, and vacancies. Amends a provision applicable to Prince William County and the filling of a vacancy in the board. When a vacancy occurs just prior to a general election so that the special election to fill the vacancy cannot be held at that general election, the bill provides that the court shall order a special election to fill that vacancy not fewer than 45 and not more than 60 days after that general election.
Patron - McQuigg

P HB 2230

Tourism Financing Development Authority. Allows localities to create a Tourism Financing Development Authority. The authority shall have the power to 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

P HB 2261

Zoning violations; overcrowding. Provides for enhanced fines for any conviction resulting from a violation of provisions related to overcrowding of residential dwellings. These violations shall not be punishable by a jail term.
Patron - Rust

P HB 2263

Hospital or health center commissions; membership. Provides that members of a hospital or health center commission may be residents of the political subdivisions they represent. Under current law, members of a hospital or health center commission must be residents of the political subdivisions they represent.
Patron - Rust

P HB 2265

Validation of certain plats. Changes the date from 1953 to 1975 for purposes of validating subdivision plats that failed to comply with the technical requirements for recordation existing at the time such plat was recorded.
Patron - Rust

P HB 2267

Arts and cultural districts. Adds the City of Alexandria to those localities authorized to establish an arts and cultural district for the purpose of increasing awareness and support for the arts and culture in the locality. The locality may provide incentives for the support and creation of arts and cultural venues in the district, including tax incentives and certain regulatory flexibility. This bill is identical to SB 933.
Patron - Ebbin

P HB 2298

Donations by localities. Provides that localities may make gifts and donations of personal property and may deliver such gifts and donations to another governmental entity in or outside of the Commonwealth. This bill is identical to SB 868.
Patron - McClellan

P HB 2335

Economic development authority of Page County. Allows the county to increase the size of the authority's board of directors from seven to nine.
Patron - Gilbert

P HB 2380

Cash proffers; road improvements. Provides that the governing body of a locality may, notwithstanding the provisions of the Virginia Public Procurement Act, negotiate and award a contract without competition to an entity that is constructing road improvements pursuant to a special exception condition in order to expand the scope of the road improvements by utilizing cash proffers of others or other available locally generated funds. This bill contains an emergency clause.
Patron - May

P HB 2446

Housing assistance. Allows counties with the county executive form of government (Albemarle and Prince William) to provide for the use of funds, other than state funds, to provide grants, loans, and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. This bill is identical to SB 1387.
Patron - Frederick

P HB 2493

Farm wineries. Provides that local restriction upon licensed farm wineries' activities and events to market and sell their products shall be reasonable and shall take into account the economic impact on the farm winery of such restriction and whether such activities and events are usual and customary for farm wineries throughout the Commonwealth. The bill further provides that no local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance. This bill is identical to SB 1205.
Patron - Albo

P HB 2500

Conditional zoning. Allows "high-growth" localities to use the "Northern Virginia" form of conditional zoning. This will give high-growth localities greater flexibility including the ability to accept proffers, the need for which is not generated solely by the rezoning.
Patron - Orrock

P HB 2502

Donations made by a locality. Expands the definition of "donations" to include the lawful provision of in-kind resources for any event sponsored by the donee.
Patron - Lewis

P HB 2503

Transfer of development rights. Provides that any county and an adjacent city may enter voluntarily into an agreement to permit the county to designate eligible receiving areas in the city if the governing body of the city has also amended its zoning ordinance to designate the same areas as eligible to receive density being transferred from sending areas in the county. The bill also expands the definition of "sending property." This bill is identical to SB 869.
Patron - Toscano

P HB 2544

Authority to review subdivision plats. Requires a local planning commission or other agent of a locality to forward a plat to the appropriate state agency or agencies for review within 10 business days if approval of a feature or features of the plat by a state agency or an authorized public authority is necessary. The bill mandates that any state agency or public authority reviewing a plat (i) complete its review within 45 days of receipt of first submission and within 45 days of receipt if the plat has previously been disapproved and (ii) allow use of public rights-of-way for placement of utilities by permit when practical.
Patron - Lingamfelter

P HB 2547

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 HB 2676

Local budgets. Modifies the existing requirements for advertising and holding a public hearing when a locality amends its budget. Such requirements will apply to any amendment that exceeds one percent of the total expenditures shown in the current budget. Currently, the requirements apply if the amendment exceeds one percent or $500,000, whichever is less.
Patron - Ware, O.

P HB 2710

Powers of service districts. Grants the power to construct, repair, and maintain dams.
Patron - Barlow

P HB 2729

FEMA floodplain map; notification of changes. Provides that any locality notified by the United States Federal Emergency Management Agency (FEMA) that a change in the FEMA floodplain map concerns or relates to real property within the locality shall provide to each owner of any such property (i) written notification of such change and (ii) contact information for the National Flood Insurance Program.
Patron - Englin

P HB 2735

Participation in certain programs. Provides that any locality may participate in programs offered by the National Association of Counties.
Patron - Englin

P HB 2764

Local employees; right to receive certain benefit information in writing. Requires localities to provide information about relevant benefit options and programs in writing to any local employee who develops a life-threatening health condition. The employer shall provide appropriate forms to the employee so that the employee can communicate any election of benefit options to the employer in writing on the forms.
Patron - Hurt

P HB 2791

Permit for onsite sewage disposal system installation in Augusta County. Provides that Augusta County may require any person desiring to install an onsite sewage disposal system to secure a permit to do so. The county may prescribe a reasonable fee, not to exceed $150, for processing an application for such a permit. This bill is identical to SB 1215.
Patron - Lohr

P HB 2799

Purchase of electric power and energy. Provides that Virginia Tech and any municipal corporation that owned and operated an electric utility system on January 1, 2006, may contract with any other party to buy power and energy required for its present or future requirements, including the capacity and output of one or more specified projects located in the continental United States of America.
Patron - Marshall, D.W.

P HB 2834

Grants for home ownership. Raises from $5,000 to $25,000 the amount that localities may provide for home ownership grants for certain local government employees. Any such grants shall be subject to certain sales price and income limitations. This bill incorporates HB 2841 and HB 3121.
Patron - Waddell

P HB 2859

Attorneys for the Commonwealth. Provides that the Compensation Board shall prepare a list of localities eligible to have a full-time attorney for the Commonwealth and shall prioritize the list according to the same workload measures used by the Compensation Board in staffing standards established for assistant attorney for the Commonwealth positions in Commonwealth's Attorneys' offices statewide.
Patron - Moran

P HB 2882

Southwest Virginia Health Facilities Authority. Establishes a health facilities authority for Southwest Virginia. The Authority may acquire, construct, equip, establish, improve, maintain, and/or operate hospitals or health centers and may condemn property and issue bonds and other obligations for such purpose. However, the bonds and other obligations of the Authority shall not be a debt of any locality or of the Commonwealth.
Patron - Phillips

P HB 2894

Industrial development authorities. Allows the Town of St. Paul industrial development authority to return to a seven-member board of directors.
Patron - Phillips

P HB 3011

Bonding requirements; facilities dedicated for public use. Provides that a governing body of a locality shall not require a developer to furnish a bond for the estimated cost of construction of facilities to be dedicated for public use until construction plans are submitted for the section in which such facilities are to be located.
Patron - Hull

P HB 3031

Approval of transmission lines; affect on the legal status of comprehensive plans and local zoning ordinances. Requires that certain utilities receive notice of comprehensive plan amendments affecting electrical transmission lines. Also, provisions related to electrical transmission line corridors are added to the comprehensive plan enabling statute and to State Corporation Commission provisions.
Patron - Marshall, R.G.

P HB 3039

Lien for water and sewer charges. Adds the Town of Blacksburg to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property. This bill is identical to SB 1050.
Patron - Nutter

P HB 3079

Regional industrial facility authorities; Appalachian Region Interstate Compact. Expands the definition of "region" for purposes of creating regional authorities to include any locality within a jurisdiction participating in the Appalachian Region Interstate Compact, which is created by the bill and will become effective if at least one other state enacts the compact. A commission is created with representation from member states to promote economic and workforce development in cooperation with local governments. Six Virginia members are appointed as follows: two by the Senate Committee on Rules and four by the Speaker of the House of Delegates. This bill is identical to SB 1340.
Patron - Bowling

P HB 3119

Russell County Water and Sewer Authority. Provides that each member of the Russell County Water and Sewer Authority shall be a customer of a service provided by the Authority.
Patron - Phillips

P HB 3129

Powers of service districts. Adds the dredging of creeks and rivers to maintain existing uses to the powers of service districts.
Patron - Wittman

P HB 3141

Local governing body tie breakers. Eliminates the use of an unelected person to break tie votes of a county governing body. The option of an elected tie breaker remains.
Patron - Reid

P HB 3180

Fort Monroe Federal Development Authority board of directors. Creates the Virginia Fort Monroe Reuse Authority to make recommendations to the Governor and the General Assembly on the appropriate use of Fort Monroe. The bill provides for the membership of the Virginia Fort Monroe Reuse Authority and sets its quorum. The bill contains an emergency clause and is identical to SB 1392.
Patron - Gear

P SB 838

Disclosures in land use proceedings. Requires each individual member of the governing body, the planning commission, and the board of zoning appeals in any proceeding before each such body involving an application for the amendment of a comprehensive plan requested by the owner or contract purchaser of land for which the amendment is requested to make a full public disclosure of certain business or financial relationships that such member has or has had within the 12-month period prior to such hearing. The foregoing measure only applies to counties with the urban county executive form of government. In addition, current law provides that a zoning ordinance may provide that petitions brought by property owners, contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property. This bill eliminates contract purchasers, agents of contract purchasers, and agents of property owners from the category of persons to which the foregoing measure applies.
Patron - Devolites Davis

P SB 868

Donations by localities. Provides that localities may make gifts and donations of personal property and may deliver such gifts and donations to another governmental entity in or outside of the Commonwealth. This bill is identical to HB 2298.
Patron - Watkins

P SB 869

Transfer of development rights. Provides that any county and an adjacent city may enter voluntarily into an agreement to permit the county to designate eligible receiving areas in the city if the governing body of the city has also amended its zoning ordinance to designate the same areas as eligible to receive density being transferred from sending areas in the county. The bill also expands the definition of "sending property." This bill is identical to HB 2503.
Patron - Watkins

P SB 933

Arts and cultural districts. Adds the City of Alexandria 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. This bill is identical to HB 2267.
Patron - Ticer

P SB 955

Affordable housing dwelling unit ordinances. Provides that localities that adopt a program of bonus density in exchange for affordable housing will be allowed certain incentives and that the program may also apply to certain elevator structures above four stories except for localities in Planning District Eight. Also, such program may include establishment of a local housing fund to help the locality achieve its affordable housing goals. This bill is identical to HB 2010 and incorporates SB 1131.
Patron - Quayle

P SB 959

Insurance for retired employees of localities. Removes an exception for certain localities regarding the provision of group accident and health insurance to retired officers and employees.
Patron - Quayle

P SB 1050

Liens for water and sewer charges. Adds the Town of Blacksburg to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property. This bill is identical to HB 3039.
Patron - Edwards

P SB 1067

Appointment of volunteer assistant attorneys for the Commonwealth. Adds the City of Richmond to those localities with the authority to appoint volunteer assistant attorneys for the Commonwealth.
Patron - McDougle

P SB 1074

Clustering of single-family dwellings. Exempts any locality that is located within planning districts 12, 13 or 14, except any such locality within such planning districts that had a population growth rate of 20% or more from the next-to-latest to latest decennial census, from requirements to set aside a certain percentage of undeveloped property for possible cluster development.
Patron - Ruff

P SB 1110

Service districts; roads. Gives service districts additional powers with regard to road construction and maintenance, regardless of whether such roads are under the jurisdiction of VDOT.
Patron - Houck

P SB 1121

Powers and duties of police. Expands the authority of police in civil matters by granting authority to deliver, serve, execute, and enforce certain orders of isolation and quarantine and emergency custody orders. The bill also provides that parties responding to a reciprocal agreement for mutual aid between localities shall be liable to third parties only to the extent permitted under and in accordance with the laws of the state of the party rendering aid.
Patron - Cuccinelli

P SB 1205

Zoning; licensed farm wineries; local regulation of certain activities. Provides that local restriction upon licensed farm wineries' activities and events to market and sell their products shall be reasonable and shall take into account the economic impact on the farm winery of such restriction and whether such activities and events are usual and customary for farm wineries throughout the Commonwealth. The bill further provides that no local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance. This bill is identical to HB 2493.
Patron - Hanger

P SB 1215

Permit for onsite sewage disposal system installation in certain counties. Provides that Augusta County may require any person desiring to install an onsite sewage disposal system to secure a permit to do so. The county may prescribe a reasonable fee, not to exceed $150, for processing an application for such a permit. This bill is identical to HB 2791.
Patron - Hanger

P SB 1292

Grants for home ownership. Deletes the requirement that a separate ordinance be passed for each home ownership grant.
Patron - Norment

P SB 1306

Purchase of electric power and energy. Provides that Virginia Tech and any municipal corporation that owned and operated an electric utility system on January 1, 2006, may contract with any other party to buy power and energy required for its present or future requirements, including the capacity and output of one or more specified projects located in the continental United States of America.
Patron - Newman

P SB 1340

Regional industrial facility authorities; Appalachian Region Interstate Compact. Expands the definition of "region" for purposes of creating regional authorities to include any locality within a jurisdiction participating in the Appalachian Region Interstate Compact, which is created by the bill and will become effective if at least one other state enacts the compact. A commission is created with representation from member states to promote economic and workforce development in cooperation with local governments. Six Virginia members are appointed as follows: two by the Senate Committee on Rules and four by the Speaker of the House of Delegates. This bill is identical to HB 3079.
Patron - Puckett

P SB 1351

Public utility facilities; comprehensive plans. Amends provisions pertaining to comprehensive plans by localities and underground natural gas or underground electric distribution facilities of a public facility. Under current law, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under other provisions of general law, no public utility facility or public service corporation facility shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. This bill exempts an underground natural gas or underground electric distribution facility of a public utility from the foregoing measure.
Patron - Wagner

P SB 1387

Housing assistance. Allows counties with the county executive form of government (Albemarle and Prince William) to provide for the use of funds, other than state funds, to provide grants, loans, and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. This bill is identical to HB 2446.
Patron - Puller

P SB 1392

Fort Monroe Federal Development Authority board of directors. Authorizes the Governor to convey the property comprising Fort Monroe to the Fort Monroe Federal Area Development Authority created by the City of Hampton. The bill also provides for the membership of the Fort Monroe Federal Development Authority, sets its quorum, and prescribes its powers and duties. This bill contains an emergency clause and is identical to HB  3180.
Patron - Williams

P SB 1412

Authority of a zoning administrator. Whenever the zoning administrator of a locality within Planning District 8 has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of § 15.2-2209, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information.
Patron - Cuccinelli

Failed

F HB 1647

Undergrounding electric transmission lines. Adds Stafford County to the list of jurisdictions where the governing body is authorized to enter into an agreement with an electric utility that provides for an additional charge to be included in the utility bills of customers located in a special rate district. The proceeds from the charge will be used to cover the utility's additional costs of constructing, operating and maintaining proposed high-voltage transmission lines underground, rather than overhead.
Patron - Cole

F HB 1669

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

F HB 1670

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

F HB 1671

Development impact fees. Allows localities to adopt provisions in subdivision ordinances for the assessment of impact fees when existing parks, playgrounds, and recreational facilities are inadequate to support a proposed development. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any such assessment, the locality shall have in place a capital facilities plan that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development.
Patron - Marshall, R.G.

F HB 1683

Traffic light signal violation-enforcement program; local ordinances. Allows local governing bodies to adopt ordinances providing for a traffic light signal violation-enforcement program. Penalties for violations are capped at $50. This bill was incorporated into HB 1778.
Patron - McQuigg

F HB 1724

Statewide transportation impact fees. Imposes a fee for the issuance of a certificate of occupancy for every building or structure that is neither exempt from taxation by law nor actually valued at more than $100,000 at the time such final certificate of occupancy is issued. The fee is due within 90 days of the issuance of such certificate of occupancy. The amount of the fee is equal to five percent of the actual value of such building or structure, exclusive of the first $100,000 of such actual value. The amount of the fee may, however, increase to five percent of the sales price of such building or structure, exclusive of the first $100,000 of such sales price, if no fee has been collected on such building or structure and such building or structure is sold within 90 days of the issuance of a certificate of occupancy; in this event, the amount of the fee is due and payable on the date of the settlement of the sale. Under all circumstances, the fee is capped at $20,000 per building or structure. An amount equal to two-thirds of the fee is deposited into the Transportation Trust Fund and must be spent in the construction district in which the fee was collected. The Governor may waive the collection of the amount to be deposited into the Transportation Trust Fund if he determines that the economic benefits of the building or structure outweigh any negative impact such building or structure may have on transportation. Moreover, an amount equal to the remaining one-third of the fee is deposited into a special interest-bearing account of the locality in which the fee was collected, and such amount must be spent on transportation projects within that locality. A locality may waive the collection of the amount to be deposited into its special interest-bearing account if its governing body determines that the economic benefits of the building or structure outweigh any negative impact such building or structure may have on transportation.
Patron - Cole

F HB 1745

Residential development impact fee assessments; adequate public facilities. Allows localities to adopt ordinances for the assessment of impact fees and acceptance of cash proffers when certain public facilities are inadequate to support a proposed residential development. If the proposed development is for senior residents only, then impact fees may be assessed and cash proffers may be accepted in relation to the adequacy of public safety, or public sewer or water facilities. For all other proposed residential developments, the impact fees may be assessed, and the cash proffers may be accepted, in relation to the adequacy of education, transportation, or public water or sewer needs. Such fees and proffers 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 or acceptance of cash proffers, 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 or cash proffers paid by a developer to the capital project that served as the basis for such assessment or acceptance within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so. Any impact fee ordinance and any cash proffer ordinance shall expire after six years, and may then be adopted for consecutive six-year periods.
Patron - Marshall, R.G.

F HB 1762

Traffic Signal Enforcement Programs; civil penalty. Grants localities the authority to operate traffic signal enforcement systems. Localities may install photo-monitoring systems at no more than 25 intersections at one time. Provisions within the bill set the maximum fine, limit the use and retention of images recorded, and provide other parameters and limitations for localities. This bill was incorporated into HB 1778.
Patron - Purkey

F HB 1811

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

F HB 1820

Condemnation by authorities. Provides that any exercise of the power of eminent domain initiated by an authority after July 1, 2007, must first be approved by the governing body of the locality in which the power is to be exercised.
Patron - Suit

F HB 1856

Number of deputies. Provides that in any county that maintains, operates, or owns a local correctional facility, the Compensation Board shall fix a number of additional full-time deputies at not less than one deputy for each 750 population confined in the local correctional facility.
Patron - Wittman

F HB 1858

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 HB 1865

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 HB 1991

Road impact fees. Adds Caroline, King George, Lancaster, Northumberland, Richmond, and Westmoreland Counties to those localities authorized to impose road impact fees.
Patron - Wittman

F HB 2007

Reimbursement of expenses related to certain traffic incidents. Provides that the Commonwealth shall impose as a taxable cost upon any person convicted of violating certain traffic provisions a levy of $50 to be credited to the Office of the Comptroller, Line of Duty Disability Benefits Fund.
Patron - Callahan

F HB 2067

Virginia Indoor Clean Air Act; penalty. Provides that it shall be unlawful for any person to smoke in any establishment built and operated after July 1, 2008 as a restaurant, unless such establishment is constructed in such a manner that areas where smoking may be permitted are structurally separated from the portion of the restaurant in which smoking is prohibited and such areas contain structurally separated ventilation systems. Additionally, the bill provides that no wait staff or busboys in such restaurants shall be required by the proprietors or person who manages or otherwise controls any such restaurant to work in smoking areas mandated by this section without consent of such employees. The bill prohibits smoking in any building owned or leased by the Commonwealth or agency thereof or any locality. The bill contains technical amendments.
Patron - Cosgrove

F HB 2118

Impact fees for public facilities related to residential development. Provides that any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts consistent with the methodologies used in its comprehensive plan to defray the capital costs of public facilities related to the residential development. A locality imposing impact fees pursuant to the provisions of this bill shall allow credit against the impact fees for cash proffers collected for the purposes of defraying the capital costs of public facilities related to the residential development. In addition, a locality imposing impact fees pursuant to the provisions of this bill may require that such impact fees be paid prior to and as a condition of the issuance of any necessary building permits for residential uses.
Patron - Marshall, R.G.

F HB 2119

Underground electric transmission lines. Authorizes a locality in or adjacent to the Eighth Planning District to enter into an agreement with an electric utility that has proposed an overhead transmission line of 450 kV or more whereby the utility will construct the line underground and the additional cost of underground installation will be paid by the locality. The locality is authorized to create a special rate district and assess its customers in the special rate district a tax to recover its payments to the electric utility. The measure also authorizes the locality to create a stock corporation and provides that the electric utility will distribute to the corporation shares of its capital stock with a value equal to the additional cost of the underground installation that was paid by the locality.
Patron - Marshall, R.G.

F HB 2173

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

F HB 2174

Local grievance procedure. Provides immunity from civil liability for local officials who participate in the grievance process, except in instances of bad faith or malicious intent.
Patron - BaCote

F HB 2193

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 two 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 HB 2215

Urban county executive form of government; wage requirements for certain employees. Allows Fairfax County (described by form of government) to require vendors and contractors, who are awarded a county contract to perform work within the county, to pay to persons who are employed to perform such a contract and who will work within the county a wage higher than the federal minimum wage.
Patron - Amundson

F HB 2252

Prohibition of discrimination based on sexual orientation. Provides that the City of Richmond may enact an ordinance prohibiting discrimination in housing, employment, public accommodations, credit, and education on the basis of sexual orientation, provided that the scope of the protections provided by such ordinance are not inconsistent with nor more stringent than those of any state law prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability. "Sexual orientation" means having or being perceived as having an orientation toward heterosexuality, bisexuality, or homosexuality. "Sexual orientation" does not include sexual deviant disorders ("paraphilias") as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).
Patron - Waddell

F HB 2305

Preservation of historic areas and sites. Adds historic areas and sites to the existing provisions related to preservation of historic buildings and structures.
Patron - McQuigg

F HB 2325

Clustering. Defines several key terms in the existing clustering statute that requires most localities to designate a portion of unimproved land as eligible for clustering of single-family dwellings. Also, "unimproved land" shall apply to residentially zoned land only, rather than residential and agricultural land.
Patron - Gilbert

F HB 2326

Clustering of single-family dwellings. Makes the clustering provisions that are slated to become effective July 1, 2007, optional, rather than mandatory.
Patron - Gilbert

F HB 2327

Clustering of single-family dwellings. Exempts certain agricultural counties from provisions that require most localities to designate certain areas for potential clustering of single-family dwellings.
Patron - Gilbert

F HB 2358

Investigation of the Southeastern Public Service Authority. Requires the General Assembly to appoint a special commission to investigate the operations and finances of the Southeastern Public Service Authority and make findings regarding the performance and financial stability of the Authority.
Patron - Cosgrove

F HB 2359

Withdrawal from the Southeastern Public Service Authority. Provides that if a member locality withdraws from the authority, the locality shall not be obligated to continue depositing waste with, or paying waste disposal or management fees, rates or charges to, the authority for the same or comparable services.
Patron - Cosgrove

F HB 2360

Southeastern Public Service Authority; out-of-area waste. Requires the General Assembly to appoint a special commission to investigate the acceptance of out-of-area waste by the authority and make findings regarding whether it is in the best interest of the public.
Patron - Cosgrove

F HB 2449

Local noise abatement structure ordinances. Requires the governing body of every county, city, and town, no later than January 1, 2008, to adopt an ordinance requiring developers to construct, as part of any development abutting any highway or planned highway, in conjunction with such development, any and all noise walls or other noise mitigation structures that may be required to protect properties within the development from highway noise levels that exceed or will exceed standards established by the Virginia Department of Transportation or the federal government. If a noise impact study is required, such study may be conducted by the county, city, or town, by the Department, or by a reputable business with demonstrated expertise in acoustic engineering pursuant to a contract with the county, city, or town, the Department, or the developer whose development may be subject to noise impacts.
Patron - Frederick

F HB 2451

Affordable dwelling unit ordinances. Makes numerous changes to the affordable housing law including authorizing establishment of housing trust funds and allowing acceptance of cash in lieu of affordable units. This bill was incorporated into HB 2010.
Patron - Toscano

F HB 2463

Regional transportation authorities. Provides a mechanism for the establishment of regional transportation authorities embracing three or more contiguous localities.
Patron - Oder

F HB 2484

Photo-monitoring systems to enforce traffic light signals. Allows the Counties of Arlington and Fairfax, the Cities of Alexandria, Fairfax, Falls Church, and Virginia Beach, and the Town of Vienna to establish photo-monitoring systems to enforce traffic light signals, subject to specific requirements and procedures set forth. This bill was incorporated into HB 1778.
Patron - Bulova

F HB 2486

Conservation of trees during the development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10% tree canopy for a site zoned business, commercial, or industrial; (ii) 10% tree canopy for a residential site zoned 20 or more units per acre; (iii) 15% tree canopy for a residential site zoned more than 10 but less than 20 units per acre; (iv) 20% tree canopy for a residential site zoned more than five but not more than 10 units per acre; and (v) 30% tree canopy for a residential site zoned one to five units per acre. Finally, the bill mandates that any tree conservation ordinance provide for reasonable exceptions to or deviations from the canopy requirements.
Patron - Bulova

F HB 2489

Time limit for construction of single-family dwellings. Allows localities to adopt an ordinance establishing a reasonable time limit for the construction of a single-family detached dwelling unit, or any exterior addition or modification to a single-family detached dwelling unit, located on a lot equal to or smaller than one acre in size or that is located 200 feet or less from the next closest single-family detached dwelling unit.
Patron - Bulova

F HB 2490

Regional strategic plan. Removes the exemption for Planning District 8 with regard to preparation of a regional strategic plan.
Patron - Bulova

F HB 2598

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 - Plum

F HB 2667

Jurisdiction of localities to zone; signs. Provides that for the purpose of zoning, the governing body of a locality shall have jurisdiction over any advertising structure or any sign located on real property held, operated, or possessed by an educational institution described as being "at" such locality if such advertisement structure or any part of the advertising or informative contents of such sign is visible from real property that is not held, operated, or possessed by such educational institution. Nothing contained herein shall impair, limit, modify, or supersede any expressed term of any management agreement entered into on or before January 1, 2007.
Patron - Bulova

F HB 2777

Comprehensive plan to include urban development areas. Provides that every county that has adopted zoning shall, and any city or town may, amend its comprehensive plan to incorporate one or more proposed urban development areas, if such locality meets the criteria for high growth. For purposes of this section, an urban development area is an area designated by a locality that is most suited for development due to proximity to transportation facilities, the availability of public water and sewer, and its proximity to a city, town or other developed area. The comprehensive plan shall designate one or more urban development areas sufficient to meet projected residential growth in the locality for the ensuing 20-year period. Any comprehensive plan amended pursuant to this section shall also be amended to incorporate the opportunity for development that includes features that promote an improved quality of life. No county, city or town that has amended its comprehensive plan in accordance with this section shall limit or prohibit development pursuant to existing zoning or any application for rezoning based solely on the fact that the property is located outside the urban development area. Counties shall have until July 1, 2011, to amend their comprehensive plans in accordance with these provisions.
Patron - Athey

F HB 2796

Impact fees for public facilities related to residential development. Provides that any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts consistent with the methodologies used in its comprehensive plan to defray the capital costs of public facilities related to the residential development. A locality imposing impact fees pursuant to the provisions of this bill shall allow credit against the impact fees for cash proffers collected for the purposes of defraying the capital costs of public facilities related to the residential development. In addition, a locality imposing impact fees pursuant to the provisions of this bill may require that such impact fees be paid prior to and as a condition of the issuance of any necessary building permits for residential uses.
Patron - Marshall, R.G.

F HB 2814

Denying or modifying an application for rezoning when transportation network is inadequate. Allows a locality to provide in its zoning ordinance for the denial or modification of an application for rezoning when the existing and future transportation network is inadequate to handle the anticipated transportation impact of the proposed development. In determining whether the transportation network is inadequate, the locality shall provide in its zoning ordinance for the consideration of the following: (i) the locality's comprehensive plan, the Department of Transportation's secondary road and other transportation plans, or such other available information regarding the transportation network that will serve the proposed development; (ii) whether the proposed development reduces the level of service in the existing and future transportation network, as determined by the locality in consultation with appropriate transportation agencies; and (iii) whether the design and phasing of the proposed development, the funded capital improvements program, or other combination of public and private resources will address the anticipated transportation impact of the proposed development.
Patron - Sickles

F HB 2822

Reimbursement of expenses related to certain traffic incidents. Provides that the Commonwealth shall impose as a taxable cost upon any person convicted of violating certain traffic provisions a levy of $25 to be credited to the Office of the Comptroller, Line of Duty Disability Benefits Fund.
Patron - Sickles

F HB 2841

Grants for home ownership. Increases the maximum amount authorized for individual home-ownership grants from $5,000 per local government employee to $15,000 per local government employee. The bill also increases the maximum amount authorized for lifetime, cumulative home-ownership grants from $5,000 per local government employee to $15,000 per local government employee. This bill was incorporated into HB 2834.
Patron - Hall

F HB 2868

Number of deputies. Requires the number of full-time deputies appointed by the sheriff of a county without a police force to be fixed by the Compensation Board at not less than 10 deputies. The bill further requires the number of full-time deputies appointed by the sheriff of a locality with a police force to be fixed by the Compensation Board at not less than two.
Patron - McEachin

F HB 2910

Affordable housing dwelling unit ordinances. Provides that a local governing body may establish a housing fund, the purpose of which will be to assist nonprofit organizations to develop or preserve affordable housing for low- and moderate-income persons and families. This bill was incorporated into HB 2010.
Patron - Spruill

F HB 2926

Immigration; powers of law-enforcement officers. Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state facility committed under the authority of the United States. This bill incorporates HB 2933.
Patron - Rust

F HB 2927

Certain affordable dwelling unit ordinances. Deletes an exclusion for elevator structures four stories or above, thereby making such structures eligible for inclusion in such ordinances. This bill was incorporated into HB 2010.
Patron - Jones, D.C.

F HB 2931

Cooperation with federal officials regarding immigration status. Provides that no local government shall enact any ordinance or policy that limits or prohibits a law-enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within the Commonwealth. Also, various other provisions are put into place to ensure cooperation regarding determination of the immigration status of an individual.
Patron - Miller, J.H.

F HB 2939

County executive form of government; housing assistance. Provides that Albemarle County and Prince William County (described by form of government) may by ordinance provide for the use of funds, other than state funds, to provide grants, loans, and other assistance for county employees to purchase or rent residences, for use as the employee's principal residence, within the county. This bill was incorporated into HB 2446.
Patron - Miller, J.H.

F HB 2986

Development agreements; Planning District 8. Requires every locality located in Planning District 8 to include in its zoning ordinance provisions for the governing body to enter into binding development agreements with any persons owning legal or equitable interests in real property in the locality. Such agreements shall be authorized by ordinance, shall be for a term not to exceed 15 years, and may be renewed by mutual agreement of the parties for successive terms of not more than 10 years each. Development agreements may provide, among other things, for specific land uses and the density or intensity of such uses. No locality shall either request or accept a cash payment as part of a development agreement whose amount is scheduled to increase annually, from the time of agreement until tender of payment, by a percentage greater than the annual rate of inflation.
Patron - Ingram

F HB 3033

Transfer of development rights. Permits the severance and transfer of development rights from a sending property without requiring those rights to be immediately affixed to a specific receiving property. In addition, the bill authorizes the purchase and/or sale of development rights by the locality in order to establish a clearinghouse for the conveyance of development rights.
Patron - Bell

F HB 3060

Publication of certain local government land-use decisions. Provides that whenever the governing body of any county, city, or town approves a change in zoning or takes any similar action that involves or potentially will involve construction of new structures or expansion of existing structures whose construction or expansion would require or reasonably be expected to require the construction, reconstruction, improvement, or expansion of any transportation facility, and such transportation facility construction, reconstruction, improvement, or expansion is not provided for in the most recent six-year improvement plan of the Department of Transportation, the local governing body shall publish a notice to that effect at least once a week for two successive weeks in a newspaper published or having general circulation in the affected county, city, or town.
Patron - Frederick

F HB 3109

Shooting in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision.
Patron - Janis

F HB 3121

Grants for home ownership. Raises from $5,000 to $25,000 the amount that localities may provide for home-ownership grants to employees of the locality to purchase their primary residences in the locality. This bill was incorporated into HB 2834.
Patron - O'Bannon

F HB 3196

Comprehensive plan to include urban development areas. Provides that every county that has adopted zoning may, and that any city or town may, amend its comprehensive plan to incorporate one or more proposed urban development areas, if such locality meets the criteria for high growth. An urban development area is an area designated by a locality that is most suited for development due to proximity to transportation facilities, the availability of a public or community water and sewer system, or proximity to a city, town, or other developed area. The comprehensive plan shall designate one or more urban development areas sufficient to meet projected residential growth in the locality for the ensuing 20-year period. Any comprehensive plan amended pursuant to this section shall also be amended to incorporate the opportunity for development that includes features that promote new urbanism and traditional neighborhood development. No county, city, or town that has amended its comprehensive plan in accordance with these provisions shall limit or prohibit development pursuant to existing zoning or any application for rezoning based solely on the fact that the property is located outside the urban development area. Any locality that has not revised its comprehensive plan to establish an urban development area on or before July 1, 2008 shall not receive 50% of its annual secondary road allocation from the Virginia Department of Transportation.
Patron - Athey

F HB 3197

Urban transportation service districts. Provides for the creation of urban transportation service districts and provides a mechanism whereby counties that resume responsibility for maintaining all or portions of the state secondary highway system within their boundaries before July 1, 2010, will receive an amount equal to the urban allocation per lane mile for the area within the district for purposes of road maintenance. In addition, such locality shall receive an amount equal to the difference between the urban allocation and what VDOT would be spending within the service district if not for the creation of such district. Furthermore, localities that have established urban transportation service districts may provide for the denial or modification of an application for rezoning when the existing and future transportation network that will serve the proposed development is inadequate to handle the anticipated transportation impact of the proposed development. Such localities shall also be granted expanded impact fee authority.
Patron - Athey

F HB 3198

Local subdivision roads. Provides that no street or road or any portion thereof in any county shall be taken into the state secondary highway system for maintenance purposes unless it is classified by the Department as a local collector road. Other roads that, prior to July 1, 2007, would have been taken into the state secondary highway system shall be classified by the Department as local subdivision roads and shall not be taken into the state secondary highway system. A local subdivision road shall be any road, according to the Department, that primarily serves residents living within a subdivision. This bill was incorporated into HB 2227.
Patron - Athey

F SB 767

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 - Locke

F SB 782

Northern Virginia Transportation Authority; automated toll collections. Allows the Northern Virginia Transportation Authority to impose and collect tolls for use of newly constructed facilities and facilities that are reconstructed so as to increase their traffic capacity and allows the issuance of bonds supported by revenues generated by toll collections. The bill further requires that, on or before July 1, 2008, every agency of the Commonwealth having control of any toll facility in Northern Virginia must take all necessary actions to ensure that every toll facility under its control is capable of fully automated electronic operation.
Patron - Cuccinelli

F SB 817

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

F SB 832

Compensation Board; membership. Changes the membership of the Compensation Board to five members appointed by the Governor with one each from a list of nominees provided by (i) the Virginia Sheriffs' Association, (ii) the Virginia Clerks' Association, (iii) the Virginia Association of Commonwealth's Attorneys, (iv) the Treasurers' Association of Virginia, and (v) the Commissioners of Revenue Association of Virginia. The chairman and vice-chairman are elected by the members. Currently the Board consists of the Auditor of Public Accounts and the Tax Commissioner, who serve ex officio, and a member appointed by the Governor to serve as chairman.
Patron - Devolites Davis

F SB 837

Local limitations as to number of tattoo parlors. Provides that the City of Fairfax may by ordinance reasonably limit the number of tattoo parlors that may be operated at any one time within the locality.
Patron - Devolites Davis

F SB 852

Regulation of water and sewage systems. Provides that a locality's power to regulate sewage collection, treatment or disposal service and water service shall not require such locality to take over private water or sewer service or systems.
Patron - Lambert

F SB 871

Traffic Signal Enforcement Programs; civil penalty. Grants localities the authority to operate traffic signal enforcement systems. Localities may install photo-monitoring systems at no more than 25 intersections at one time. Provisions within the bill set the maximum fine, limit the use and retention of images recorded, and provide other parameters and limitations for localities. This bill was incorporated into SB 829.
Patron - Watkins

F SB 939

Conservation of trees during the land development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10% tree canopy for a site zoned business, commercial, or industrial; (ii) 10% tree canopy for a residential site zoned 20 or more units per acre; (iii) 15% tree canopy for a residential site zoned more than 10 but less than 20 units per acre; (iv) 20% tree canopy for a residential site zoned more than five but not more than 10 units per acre; and (v) 30% tree canopy for a residential site zoned one to five units per acre. Finally, the bill mandates that any tree conservation ordinance provide for reasonable exceptions to or deviations from the canopy requirements.
Patron - Ticer

F SB 988

Scenic protection and tourist enhancement districts. Allows Albemarle County to establish one or more overlay zones to regulate the visual impacts of buildings and structures. Any such overlay zone may be established upon any area in the county where it is determined that the visual impacts of buildings and structures within the area may have a significant adverse impact upon the county's scenic resources or on tourism.
Patron - Deeds

F SB 1037

Eminent domain; economic development. Provides that in any instance in which a substantial purpose of a condemnation is economic development, a locality shall 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 781.
Patron - O'Brien

F SB 1045

Immigration; powers of law-enforcement officers. Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state or local facility committed under the authority of the United States.
Patron - O'Brien

F SB 1064

Affordable dwelling unit ordinances. Adds Northampton County to the list of localities that may, by amendment to a zoning ordinance, provide for an affordable housing dwelling unit program. This bill was incorporated into SB 955.
Patron - Rerras

F SB 1085

Cable television services. Provides that a municipality currently authorized to provide cable television services may offer such services within the geographic boundaries of Planning Districts 2 and 3. The bill further provides that any locality in either Planning District 2 or 3 may contract with, or issue a franchise to, any public or private provider of cable television services to provide the citizens of such locality with such cable television services.
Patron - Puckett

F SB 1131

Local housing fund; voluntary coordinated housing preservation and development districts. Provides that the governing body of the City of Charlottesville may establish by resolution a housing fund, the purpose of which will be to assist for-profit or nonprofit housing developers or organizations to develop or preserve affordable housing for low and moderate income persons. The fund may be used to assist the developer or organization with such items as acquisition of land and buildings, lighting, sanitary and storm sewers, landscaping, walkways, construction of parking facilities, water-sewer hookup fees, and site improvements, including sidewalks, curbs, and gutters but not street improvements. Developers assisted in this manner shall provide a minimum of 20% of the units for low and moderate income persons, as defined by the city, for a minimum of 10 years. In addition, the governing body may declare by resolution that a portion of the city is eligible for use of the housing fund by designation of a voluntary coordinated housing preservation and development district. This bill was incorporated into SB 955.
Patron - Deeds

F SB 1160

Line of Duty Death and Health Benefits Trust Fund; revenue source. Imposes a $1 per month fee on monitored alarm systems, to be collected by alarm company operators. The funds will be deposited into the Line of Duty Death and Health Benefits Trust Fund.
Patron - Quayle

F SB 1188

Southeastern Public Service Authority. Provides that if a member locality withdraws from the authority, the locality shall not be obligated to continue depositing waste with, or paying waste disposal or management fees, rates or charges to, the authority for the same or comparable services. Also, the bill requires the General Assembly to appoint special commissions (i) to investigate the acceptance of out-of-area waste by the authority and make findings regarding whether it is in the best interest of the public and (ii) to investigate the operations and finances of the authority and make findings regarding the performance and financial stability of the authority. Also, numerous changes are made to the Virginia Water and Waste Authorities Act related to dissolution of an authority, out-of-state waste, and rates and charges.
Patron - Blevins

F SB 1242

Benefits coverage; employees and retired employees of localities. Provides that any locality that self-funds a health insurance program for its 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 SB 1252

Subdivision ordinance; cash escrow. Allows a procedure for the alternative use of cash escrows previously furnished to the governing body by the owner or developer in conjunction with the approval of a subdivision plat or site plan where such escrows were to be used for the construction of identified public improvements by someone other than the owner or developer.
Patron - Herring

F SB 1254

Denying or modifying an application for rezoning when transportation network is inadequate. Allows a locality to provide in its zoning ordinance for the denial or modification of an application for rezoning when the existing and future transportation network is inadequate to handle the anticipated transportation impact of the proposed development. In determining whether the transportation network is inadequate, the locality shall provide in its zoning ordinance for the consideration of the following: (i) the locality's comprehensive plan, the Department of Transportation's secondary road and other transportation plans, or such other available information regarding the transportation network that will serve the proposed development; (ii) whether the proposed development reduces the level of service in the existing and future transportation network, as determined by the locality in consultation with appropriate transportation agencies; and (iii) whether the design and phasing of the proposed development, the funded capital improvements program, or other combination of public and private resources will address the anticipated transportation impact of the proposed development. This bill was incorporated into SB 817.
Patron - Herring

F SB 1256

Storage of hazardous materials. Permits localities to prohibit the initiation of new storage of hazardous materials in floodplains five stream miles upstream of an intake for a public water supply. However, the provisions of this bill shall not apply to (i) operations of the Virginia Department of Transportation or its contractors concerning the construction, reconstruction, or maintenance of highways, or (ii) all Department of Defense facilities and operations.
Patron - Herring

F SB 1267

Advertisement of plans; descriptive summary. Provides that a party's actual notice of, or active participation in, the proceedings for which certain advertisement is required, shall waive the right of that party to challenge the validity of the plan or ordinance, or amendment thereof, due to the insufficiency of, or an error in, the advertisement. Also, no person mailed written notice pursuant to certain zoning ordinance amendments may challenge the validity of the plan or ordinance, or amendment thereof, due to the insufficiency of, or an error in, the advertisement.
Patron - Herring

F SB 1268

Impact fees. Grants general impact fee authority to "high-growth" localities. Any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts sufficient to defray all or part of the capital costs of public facilities related to residential development. Impact fees imposed and collected shall only be used for public facilities that are impacted by a particular development project; however, the fees may be used in the general area of the project.
Patron - Herring

F SB 1272

Transportation districts; compensation of commission members. Allows members of commissions of transportation districts to receive the same per diem as members of the General Assembly.
Patron - Whipple

F SB 1323

Jurisdiction of localities to zone; signs. Provides that for the purpose of zoning, the governing body of a locality shall have jurisdiction over any advertising structure or any sign located on real property held, operated, or possessed by an educational institution described as being "at" such locality if such advertisement structure or any part of the advertising or informative contents of such sign is visible from real property that is not held, operated, or possessed by such educational institution. Nothing contained in the bill shall impair, limit, modify, or supersede any expressed term of any management agreement entered into on or before January 1, 2007.
Patron - Cuccinelli

F SB 1329

Design and construction of public facilities. Allows localities to provide for adoption of guidelines for the design and construction of public facilities, public infrastructure, and other structures within areas of proposed development or rezoning.
Patron - Williams

F SB 1356

Impact fees for public facilities related to residential development. Provides that any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts consistent with the methodologies used in its comprehensive plan to defray the capital costs of public facilities related to the residential development. A locality imposing impact fees pursuant to the provisions of this bill shall allow credit against the impact fees for cash proffers collected for the purpose of defraying the capital costs of public facilities related to the residential development. In addition, a locality imposing impact fees pursuant to the provisions of this bill may require that such impact fees be paid prior to and as a condition of the issuance of any necessary building permits for residential uses. This bill was incorporated into SB 1268.
Patron - O'Brien

F SB 1368

State and local transportation planning. Excludes certain cities with full-time transportation planners from provisions that would require the submission of land use applications to VDOT for review.
Patron - Williams

F SB 1373

Withdrawal of the Roanoke County Sheriff's Office from training academy. Authorizes the Roanoke County Sheriff's Office to withdraw from the Cardinal Criminal Justice Academy. Current statutory provisions only allow a county to withdraw upon two-thirds vote of the board of directors of an academy. This bill would allow the county to withdraw absent such a vote.
Patron - Bell

F SB 1376

Comprehensive plan amendments. Allows a governing body desiring a comprehensive plan amendment to direct the local planning commission to prepare an amendment and submit it to public hearing within a period prescribed by the local governing body. Under current law, if the governing body desires an amendment it may direct the local planning commission to prepare an amendment and submit it to public hearing within 60 days after formal written request by the governing body. The bill also provides that the local governing body may approve, amend and approve, or disapprove the proposed comprehensive plan amendment within 90 days after conducting its public hearing.
Patron - Herring

F SB 1390

Eminent domain; definition of public uses. Provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, public corporations and public service companies. The bill states that the definition of public uses does not include the taking of land for the primary purpose of conferring a financial gain on a private person or increasing tax revenues. This bill was incorporated into SB 1296.
Patron - Saslaw

F SB 1398

Local regulation of all-terrain vehicles and similar vehicles near dwellings. Allows localities by ordinance to provide that any person who operates a dirt bike, all-terrain vehicle, or other similar vehicle, whether licensed or not, within 500 feet of any dwelling shall be guilty of a Class 4 misdemeanor. The parent or other person in loco parentis of a person under the age of 18 years who violates such provision shall be guilty of a Class 4 misdemeanor. Enhanced penalties shall apply for subsequent convictions.
Patron - Watkins

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