Counties, Cities and Towns

Counties, Cities and Towns

P Passed

P HB581

Road maintenance fees in certain county subdivisions. Provides that a governing body's powers with respect to service districts shall include the construction, maintenance and general upkeep of streets and roads that are not under the jurisdiction of VDOT, upon petition of over 50 percent of the property owners who own not less than 50 percent of the property to be served.

Patron - Ruff

P HB1610

County executive form of government; vacancies on board of supervisors. Requires an immediate special election to fill a vacancy on the board in Prince William County (described by form of government). The bill provides that the judge of the circuit court shall order the election within 15 days of the vacancy and set an election date within 45 to 60 days of the order with certain restrictions. The local electoral board shall set the candidate filing deadline for the special election. There shall not be a temporary appointment by the remaining board members to fill the vacancy pending the election. However, if the vacancy occurs within the 180 days before the expiration of the term of the office, there shall be no special election, and the remaining board members shall appoint a new member to fill the vacancy for the remainder of the term.

Patron - McQuigg

P HB1630

Waiver of certain liens. Allows localities to waive liens associated with weed or trash removal or property repair or demolition in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

Patron - Thomas

P HB1669

Localities; immunity for certain computer failures. Provides that tort actions may not be brought against the Commonwealth's counties, cities, towns or entities established by one or more local governments to provide public transportation services, or other political subdivisions, or employees or officers thereof based upon the failure of a computer, software program, database, network, information system, firmware, or other device to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change. Acts or omissions constituting gross negligence or willful misconduct are excluded from the bill's coverage. The bill is a recommendation of the Joint Commission on Technology and Science.

Patron - Almand

P HB1711

Solid waste fee. Provides that certain electric utilities are required to provide Wise County (described by population) with a customer list and billing addresses upon request of the board. The provisions expire on January 1, 2001.

Patron - Phillips

P HB1825

Donations by localities. Permits localities to make monetary gifts and donations to state colleges and universities providing services to the locality's residents.

Patron - Phillips

P HB1828

Industrial Development and Revenue Bond Act. Allows the Wise County board of supervisors to appoint eight members to an authority created under such act, rather than seven. This bill is identical to SB 893.

Patron - Phillips

P HB1862

Trespass; local ordinances. Authorizes localities to establish a procedure, by ordinance, permitting a property owner to designate the local law-enforcement authority to enforce trespass violations occurring on the property.

Patron - McQuigg

P HB1878

Public recreational facilities authorities. Includes land conservation projects among the projects that may be undertaken by such authorities. Currently, public recreational facilities authorities may construct and operate fairgrounds, campgrounds, sports facilities, gardens, parks, zoos and other projects. This is a recommendation of the Commission of the Future of Virginia's Environment. This bill is identical to SB 1219.

Patron - Deeds

P HB1962

Vacant building registration. Amends provisions which allow localities by ordinance to impose a $25 annual registration fee on owners of vacant buildings to provide that failure to register vacant buildings located in conservation and rehabilitation districts or in blighted areas shall be punishable by a civil penalty not exceeding $250.

Patron - DeBoer

P HB1963

Residency requirements for certain local employees. Amends provisions prohibiting localities from conditioning employment on the basis of residency in a particular locality by adding two additional exceptions: (i) employees participating in a local police cadet program and (ii) employees participating in a local homesteading program. The new exceptions apply only to the Cities of Petersburg and Hopewell (described by population).

Patron - DeBoer

P HB1965

Liens for water and sewer charges. Adds the City of Petersburg and Stafford County to the list of localities which may by ordinance provide that taxes or charges incurred for water or sewers or use thereof within or outside such county or city shall be a lien on the real estate served by such waterline or sewer.

Patron - DeBoer

P HB2035

Special police officers. Eliminates the requirement that a person appointed as a special police officer reside in the Commonwealth during his tenure of office.

Patron - Moran

P HB2096

Virginia Regional Industrial Facilities Act. Adds Smyth County to those localities authorized to participate in the creation of an authority under the Act. Bland and Wythe Counties are also listed, and their population descriptions are deleted.

Patron - Tate

P HB2110

Street names. Provides that renaming streets on previously recorded and filed site plans or subdivision plats shall not cause vacation of such site plans or subdivision plats. Upon receipt of a certified copy of such action, the clerk of the circuit court shall record or file the certified copy.

Patron - Ware

P HB2111

Minutes of meetings for counties. Allows counties to fulfill minutes-of-meetings requirements of regularly occurring meetings at which no official action is taken by tape or sound recording.

Patron - Ware

P HB2171

Sheriffs and deputies. Repeals a 1938 act of assembly requiring sheriffs and their deputies to wear a uniform while in the performance of their duties. Current statutory law (§§ 15.2-1610 and 19.2-78) requires sheriffs and their deputies to wear a uniform while in the performance of their duties.

Patron - Stump

P HB2177

Industrial Development and Revenue Bond Act. Amends the Act to conform with 1994 changes in the Internal Revenue Code, thus enabling an IDA to issue enterprise zone facility bonds for projects which are presently prohibited.

Patron - Jones, J.C.

P HB2220

Regulating mooring and anchoring. Authorizes the City of Hampton to enact an ordinance to control the mooring and anchoring of vessels in the City's waters. The bill also prohibits such an ordinance from imposing a fee to moor or anchor a vessel.

Patron - Behm

P HB2277

Local telecommunications services. Grants localities, electric commissions or boards, industrial development authorities and economic development authorities the ability to lease on nondiscriminatory terms, for a term not to exceed 10 years, a certain telecommunications infrastructure to one or more certificated local exchange telephone companies and to not-for-profit educational schools and institutions, hospitals, health clinics and medical facilities for use in serving their not-for-profit purposes. The price for such lease may include reasonable provisions for the recovery of the cost of the network and installation of additional fiber and related facilities to complete the lessor's network but shall not otherwise be related to the revenue or profit of the lessee. The lessor may not profit from the leasing of such facilities. No such lease shall be effective unless, prior to entering into such lease: (i) the proposed lessee petitions the State Corporation Commission to approve such lease of the dark fiber and (ii) the Commission, after notice and an opportunity for hearing in the affected area, issues a written order approving the lease or fails to approve or disapprove the lease within 60 days after notice. The State Corporation Commission shall find that it is in the public interest to approve such lease unless one of several factors can be demonstrated to the Commission. The July 1, 2000, sunset provision which was attached to the 1998 amendments (House Bill No. 335) is repealed.

Patron - Bryant

P HB2324

Special use permits for certain residential uses. Provides that no local ordinance shall require as a condition of approval of a subdivision plat, site plan, or plan of development, or issuance of a building permit, that a special use permit be obtained for construction of residential dwellings at the use and density permitted by right under the ordinance. Certain exceptions to the bill are provided.

Patron - Jackson

P HB2340

Annexation moratorium. Extends the current moratorium on annexation proceedings until the sooner of July 1, 2010, or such time as the General Assembly fails to appropriate a yearly sum of money for aid to localities with police departments under the program initiated by House Bill 599 of 1979. This bill is identical to SB 1053 and SB 724.

Patron - Jones, S.C.

P HB2411

Virginia Regional Industrial Facilities Act. Adds Planning District 12 (West Piedmont) to those areas of the state where localities may create an authority under the Virginia Regional Industrial Facilities Act. This bill is identical to SB 974.

Patron - Armstrong

P HB2436

Advanced Communications Assistance Fund created. Creates the Advanced Communications Assistance Fund, to be administered by the Innovative Technology Authority, to help underserved localities in the Commonwealth take full advantage of advanced communications services. The Fund, which may be used for grants or loans, will consist of such funds as may be appropriated by the General Assembly and any gifts, grants, or donations from public or private sources.

Patron - Bennett

P HB2455

Virginia Water and Waste Authorities Act; exemption from Utility Facilities Act. Exempts from the operation of the Utilities Facilities Act (§ 56-265.1 et seq.), an authority, or any subsidiary thereof, organized pursuant to the Virginia Water and Waste Authorities Act to operate a refuse collection and disposal system that, pursuant to statute, is specifically authorized to include in the system (i) facilities for processing solid waste as a fuel, and (ii) facilities for generating steam and electricity for sale. However, the exemption is conditioned on a requirement that electricity generated at such facilities be sold only to federal agencies whose primary responsibilities are national defense, and that the energy is delivered directly from the generator to customer facilities or to a public utility. This bill is identical to SB 1202.

Patron - Williams

P HB2474

Service districts. Provides that, with regard to the installation of street lights, a locality may provide by ordinance that upon a petition of at least 60 percent of the property owners within a subdivision, or such higher percent as provided by ordinance, the locality may impose taxes or assessments upon all owners within the subdivision who benefit from such improvements. The taxes or assessments shall not be in excess of the peculiar benefits resulting from the improvements to such property owners. If an assessment is made for the installation of street lights, the locality making the assessment may provide by ordinance that the actual costs of installing, maintaining and operating such street lights be charged to and collected from each landowner as a separate component of the locality's billing system for any public utility.

Patron - Orrock

P HB2519

Board of zoning appeals. Provides that in Virginia Beach (described by population) the board of zoning appeals shall be appointed by the governing body, rather than the circuit court.

Patron - Wardrup

P HB2532

Zoning violations. Provides that each 10-day period during which a zoning violation continues after the or court-ordered abatement period has ended shall constitute a separate offense punishable by a fine of not less than $100 nor more than $1,500. Currently, each 30-day period of violation is punishable by a fine of up to $1,000.

Patron - Drake

P HB2598

Liens for water and sewer charges. Adds the City of Richmond to those localities authorized to place a lien on real estate for unpaid water and sewer charges.

Patron - Jones, D.C.

P HB2624

Annexation; agricultural operations. Provides that the annexation court shall consider the adverse impact on agricultural operations in its deliberations and may fix terms and conditions in the annexation order to protect agricultural operations.

Patron - Dudley

P HB2693

Insurance for local government employees and former employees. Clarifies that localities which offer group health plans to its employees may provide in the plan that any participating retiree who subsequently terminates his coverage may not thereafter rejoin a group health plan provided by the locality. However, the bill also provides a period of time, expiring on July 1, 2000, for former members to rejoin such programs.

Patron - Scott

P HB2697

Truancy ordinances. Provides that law-enforcement officers may pick up children who have been expelled from school and required to attend an alternative education program and deliver the child to such program.

Patron - Byron

P HB2734

Virginia Regional Industrial Facilities Act. Adds the area within the boundaries of Planning Districts 11 and 12, without regard to population, to those areas permitted to create an authority under such Act. With regard to Planning Districts 11 and 12, the governing bodies of any two or more localities within the region, as opposed to three localities under current law, may create such authority. Also, with regard to any authority created by Planning Districts 11 and 12, only members of the appointing governing body of each member locality shall be appointed to the board. This bill is identical to SB 1301.

Patron - Bryant

P HB2748

Sanitary districts. Permits such districts to provide for undergrounding of existing and future distribution lines for electricity, telephone, cable television and similar services and utilities. Sanitary districts, which are created and governed by the governing body of a locality, have the power to issue bonds.

Patron - Scott

P SB724

Annexation moratorium; aid for localities. Extends the current moratorium on annexation proceedings until the sooner of July 1, 2010 or such time as the General Assembly fails to appropriate a yearly sum of money for aid to localities with police departments under the program initiated by House Bill 599 of 1979. This bill is identical to SB 1053 and HB 2340.

Patron - Williams

P SB739

Virginia Water and Waste Authorities; condemnation in certain counties. Provides that the governing body of Frederick County (described by population), when an authority proposes to exercise its power of eminent domain by condemning land on which a designated historic landmark, building, structure, district, object or site is located, may prohibit such exercise of power. The prohibition requires a two-thirds vote, and the vote must be taken within 90 days of the authority's offer of purchase to the landowner. The act expires on July 1, 2004.

Patron - Potts

P SB757

County manager plan; county manager. Eliminates the requirement that the Arlington County (described by form of government) county manager be paid in monthly installments.

Patron - Whipple

P SB821

Supplemental salary of the clerk of circuit court. Removes a conflict in the law that authorizes localities to supplement the salaries of the clerk of the circuit court. The provision is in conflict with the current general appropriation act (Item 71), which authorizes localities to supplement the salaries for all constitutional officers except the clerk, and § 17.1-287, which requires the full salary of the clerk to be set out in the general appropriation act. The conflict arose during the repeal of Title 14.1 and recodification of Title 17 when the existing law was inadvertently changed.

Patron - Gartlan

P SB893

Patron - Wampler

P SB930

Interjurisdictional law-enforcement authority. States that in counties where no police department had been established and the sheriff is the chief law-enforcement officer, the sheriff may enter into agreements and may furnish and receive interjurisdictional law-enforcement assistance for all law-enforcement purposes. Sheriffs providing or receiving such assistance shall have all the authority, benefits, immunity from liability and exemptions from laws, ordinances and regulations as officers acting within their own jurisdictions.

Patron - Bolling

P SB937

Local liability insurance. Allows localities to provide liability insurance to members of commissions and boards, in addition to employees and volunteers.

Patron - Whipple

P SB938

Assessments of real property in certain counties. Deletes provisions requiring the treasurer of Arlington County (described by population density in § 1 of the original uncodified act of 1950) to maintain a firmly bound book recording the names of property owners against whom certain sidewalk and sewer assessments have been levied.

Patron - Whipple

P SB949

Bounties for coyotes. Authorizes localities to permit the killing of coyotes within their boundaries and pay bounties for coyotes killed.

Patron - Marye

P SB974

Patron - Reynolds

P SB1045

Curb ramps. Clarifies that localities shall require curb ramps along curbs of streets that incorporate accessible routes for pedestrian use.

Patron - Forbes

P SB1053

Patron - Newman

P SB1065

Industrial development authorities. Provides that in any county with the county manager form of government (Henrico County), the authority may be called an economic development authority.

Patron - Watkins

P SB1066

Industrial development authorities; compensation. Raises the cap from $50 to $200 for the amount that directors of an industrial development authority board may receive for attendance at meetings. Directors receive no salary for service on the board.

Patron - Watkins

P SB1107

Law-enforcement officer certification. Provides that all entry-level, law-enforcement officers seeking certification on or after July 1, 2001, shall successfully complete statewide certification examinations developed and administered by the Department of Criminal Justice Services. The bill provides that the Department may delegate the administration of the examinations to an approved criminal justice training academy.

Patron - Holland

P SB1149

Local governing body members. Allows a member of a local governing body to serve as a member of a board of directors of a Regional Industrial Facility Authority.

Patron - Trumbo

P SB1202

Virginia Water and Waste Authorities Act; exemption from Utility Facilities Act. Exempts from the operation of the Utilities Facilities Act (§ 56-265.1 et seq.) an authority, or any subsidiary thereof, organized pursuant to the Virginia Water and Waste Authorities Act to operate a refuse collection and disposal system that, pursuant to statute, is specifically authorized to include in the system (i) facilities for processing solid waste as a fuel and (ii) facilities for generating steam and electricity for sale. However, the exemption is conditioned on a requirement that electricity generated at such facilities be sold only to federal agencies whose primary responsibilities are national defense, and that the energy is delivered directly from the generator to customer facilities or to a public utility.

Patron - Quayle

P SB1219

Patron - Hanger

P SB1254

Liens for water and sewer charges. Adds the Cities of Richmond, Newport News and Petersburg to those localities authorized to place a lien on real estate for unpaid water and sewer charges.

Patron - Marsh

P SB1301

Patron - Hawkins

P SB1326

Inoperable vehicles. Amends provisions allowing certain localities by ordinance to require screening or removal of inoperable vehicles to permit such localities to apply such ordinance to areas used for residential purposes, even if not zoned for such use.

Patron - Edwards

F Failed

F HB1448

Assessments for underground relocation of utility lines. Adds Fairfax County (described by population) to the provision allowing a governing body to impose assessments upon the owners of abutting property for the underground relocation of distribution lines for electricity, telephone, cable television and similar utilities. Such underground relocation may only be ordered by the governing body and the cost thereof apportioned in pursuance of an agreement between the governing body and the abutting landowners.

Patron - Scott

F HB1456

Local assessments for improvements. Adds the undergrounding of utilities in revitalization zoning districts to the list of improvements for which a locality may charge abutting property owners an assessment. The assessment shall not be in excess of the peculiar benefits resulting from the improvement.

Patron - Callahan

F HB1550

Open space. Defines "real estate devoted to open space" and includes such land use among those a locality may include in its comprehensive plan.

Patron - Murphy

F HB1606

County taxing authority. Grants counties the same taxing authority as municipalities under § 15.2-1104 of the Uniform Charter Powers Act, including the authority to raise annually by taxes and assessments on property, persons and other subjects of taxation, which are not prohibited by law, such sums of money as in the judgment of the county are necessary to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the county, in such manner as the county deems necessary or expedient.

Patron - Davies

F HB1750

Attorney for the Commonwealth; full-time status. Provides that the Compensation Board shall not consent to the conversion to full-time status of attorneys for the Commonwealth unless the sum of the three-year average arrest figures, the three-year average weighted arrest figures and caseload figures of the attorney for the Commonwealth for the circuit court and all lower courts of the locality as compiled by the Supreme Court is greater than 2,500.

Patron - Deeds

F HB1774

Expense allowances of sheriffs and deputies to be paid by the Commonwealth. Requires the Compensation Board to include expenses for transportation of prisoners to medical and other necessary appointments, and to court appearances when such court facility is not adjacent to the jail or jail farm in the payment of expenses to sheriffs and deputies.

Patron - Griffith

F HB1967

Removal or repair of buildings. Decreases from 30 days to 14 days the length of time a locality must wait after giving the required notice before beginning removal or repair of unsafe buildings.

Patron - DeBoer

F HB2015

Local telecommunications services. Allows the City of Manassas (described by proximity to state highways) to provide telecommunications services to the public. The section currently prohibits the provision of such services by localities, except for the Town of Abingdon.

Patron - Parrish

F HB2105

Curfews. Allows localities by ordinance to prohibit unemancipated minors who are required to attend school, but who have been suspended or expelled, from frequenting or being in public places during school hours unless attended by their parents. This bill has been incorporated into HB 2697.

Patron - Ingram

F HB2112

Conditional zoning. Allows any locality to use the type of conditional zoning that is currently reserved for northern Virginia and Eastern Shore localities. Of the three types of conditional zoning authorized by the Code, this type is generally considered by localities to be the most flexible.

Patron - Grayson

F HB2113

Adequate public facilities. Allows localities to adopt reasonable provisions requiring applicants for various land use permits to demonstrate that public facilities related to the provision of public education, water and sewerage are adequate to support the services which will be required by a proposed subdivision or rezoning. A locality may deny or delay approval or issuance of a building permit if the applicant is unable to demonstrate such adequacy.

Patron - Grayson

F HB2119

Franchises; certain transportation projects. Provides that for franchise grants required for qualified transportation projects approved and awarded pursuant to the Public-Private Transportation Act of 1995, the franchise requirements of the Code and the Virginia Constitution are deemed to have been met.

Patron - Robinson

F HB2135

Issuance of building permits may be based on capital improvements. Allows any county by ordinance to establish the maximum number of residential building permits to be issued in each calendar year. However, the county shall first (i) establish reasonable, maximum debt ratios for the county after consultation with its financial advisors, (ii) adopt a capital improvements program and annually fund the program, and (iii) annually fund at least 10 percent of the capital improvements program with current revenues, exclusive of debt service or proffered zoning conditions. The number of new residential units in each upcoming calendar year is to be determined by analyzing the ability of the county to provide school capacity as measured against the adopted maximum debt ratios and capital improvements program. Such ordinance may include reasonable provisions for (i) the allocation of residential building permits by established planning areas during the year and (ii) the payment by the builder of a proportional cash contribution for school capital costs in the event the builder seeks a building permit beyond the established limit for the year.

Patron - May

F HB2137

Advisory referendum; Loudoun County. Provides for an advisory referendum in Loudoun County during the November 2, 1999, election on the question of whether the General Assembly should grant the county authority to enact an adequate public facilities ordinance. The ordinance could provide that the approval of residential subdivision plats and issuance of resident building permits shall be contingent upon the availability of roads, schools, public safety services, and water and sewer services that are adequate to support the development.

Patron - May

F HB2208

Local telecommunications services. Deletes provisions enacted in 1998 (House Bill 335) which generally prohibit localities from offering telecommunications services.

Patron - Stump

F HB2226

Subdivision ordinances; performance guarantees. Provides that when a governing body makes periodic partial releases of performance guarantees, such partial releases shall not exceed 50 percent of the original amount until sufficient public uses are established for acceptance, unless a maintenance agreement and indemnifying bond have been posted.

Patron - Howell

F HB2257

Workplace issues. Grants localities and school boards authority to seek to improve communications and address workplace issues for local government and school board employees by gathering information directly from employees regarding such issues as benefits, compensation, policies and procedures governing the workplace, communications, and general morale. The locality and school board may use the information to guide future personnel policy directions.

Patron - Day

F HB2262

Local telecommunications services. Allows the City of Bedford (described by population) to provide telecommunications services. The section currently prohibits the provision of such services by localities, except for the Town of Abingdon.

Patron - Putney

F HB2270

Subdivision and zoning ordinances. Provides that the subdivision and zoning ordinances of a locality are to be consistent with the comprehensive plan and that no land may be zoned to a more intensive use classification or density than is set forth in the comprehensive plan.

Patron - Murphy

F HB2293

Organization of local government. Exempts the City of Martinsville (described by population) from the prohibition on localities establishing governmental entities with the authority to provide telecommunications equipment, infrastructure or services.

Patron - Armstrong

F HB2326

Northern Virginia Transportation District. Adds Loudoun, Prince William, and Stafford Counties and the Cities of Fredericksburg, Manassas and Manassas Park to the District; adds representatives of the Commonwealth Transportation Board, the Department of Rail and Public Transportation, Capital Region Transportation Planning Board, and the Washington Metropolitan Transportation Authority; increases the voting membership by adding one additional member of the Virginia Senate and one additional member of the House of Delegates to the District's Commission; allows all Commission members to participate equally in all Commission activities, but provides that only local government representatives and members of the House of Delegates and Virginia Senate may vote; and abolishes other transportation districts created within Northern Virginia and transfers their powers and responsibilities to the Northern Virginia Transportation District.

Patron - McClure

F HB2342

Vested rights. Provides that only acts occurring after July 1, 1998, shall be applicable when determining what qualifies as a significant affirmative governmental act.

Patron - Jones, S.C.

F HB2383

Adequate public facilities. Allows high-growth localities to adopt reasonable provisions allowing the locality to determine whether public facilities are adequate to support the services which will be required by a proposed subdivision, site plan or rezoning. Approval of a proposed subdivision, site plan or rezoning may be made contingent upon a finding by the governing body of adequate public facilities. Such provisions shall include reasonable exceptions for small developments or other categories of development as deemed appropriate by the governing body.

Patron - Blevins

F HB2398

Governing bodies; prohibition on discharge. Prohibits the discharge from employment of a member of a governing body in Smyth County (described by population), or of any town within such county, as a result of his absence from employment due to attendance at regular meetings of the governing body upon giving written notice of at least 10 days to his employer of such absence. Any employer violating the provisions of this section shall be subject to a civil penalty of up to $2,500.

Patron - Tate

F HB2429

Virginia Indoor Clean Air Act. Prohibits smoking in restrooms located in restaurants. Smoking is currently prohibited in restrooms located in buildings owned or leased by the state and public restrooms of health care facilities. There is also a technical amendment.

Patron - Barlow

F HB2459

Zoning violations. Provides that if an individual becomes the owner of property after the violation of the zoning ordinance initially occurred, such individual is not subject to fines or criminal penalties.

Patron - Black

F HB2466

Industrial development authorities. Provides that the bond-issuing powers granted to industrial development authorities shall not be used by an authority for purely local matters thereby allowing a county to circumvent the referendum requirements of Article VII, § 10 of the Virginia Constitution.

Patron - Sherwood

F HB2468

Downzoning. Sets out provisions related to local government downzonings. Currently, the validity of downzonings is determined by case law. The provisions of this bill closely follow previous court holdings with the exception of that portion of subsection C which states that an amendment to a locality's comprehensive plan which significantly (i) changes the projected use or (ii) lessens the projected intensity or density of a parcel shall be deemed a change in circumstances which substantially affects the public health, safety or welfare of the neighborhood. To date, the courts have not held that such comprehensive plan amendments will qualify as a change in circumstances.

Patron - Keating

F HB2472

Emergency medical services. Revises the authority of local governing bodies to franchise or permit emergency medical services vehicles by specifically noting this authority does not authorize any local governing body to adopt any ordinance relating to the franchising or permitting of emergency medical services vehicles that deprives any person of his liberty to contract for services or which interferes with the right of any person to contract for services or impairs the obligation of contracts. This bill also requires any authority established in a locality for the purpose of operating emergency medical services to comply with the general law and Board regulations. Technical amendments are also included.

Patron - Orrock

F HB2536

Removal or repair of unsafe structures. Amends provisions which allow a locality to remove or repair unsafe structures by (i) requiring that all notices be sent to lien holders, in addition to the property owners (ii) replacing the requirement for publishing a notice in a newspaper with a requirement to post a notice on the property (the requirement to also give notice by certified or registered mail is unchanged) and (iii) reducing from 30 days to 14 days the period of time a locality must wait to take action after giving notice.

Patron - Drake

F HB2725

Comprehensive plan; telecommunications facilities. Provides that any telecommunications facility to be located in the right of way of the Virginia Department of Transportation shall be subject to provisions requiring review and approval by the planning commission. The bill states that the act is declarative of existing law.

Patron - Hull

F HB2750

Preservation of historic sites. Allows localities to use condemnation powers to remove a physical impediment having a substantial adverse affect upon the preservation of the historic character of a designated historic area or structure.

Patron - DeBoer

F SB355

Adequate public facilities. Allows high-growth localities, as part of a zoning ordinance, to determine whether public facilities are adequate to support the services which will be required by a proposed subdivision or rezoning. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) public facilities whose adequacy will be used in making such determination, (ii) areas of potential growth where such provisions are applicable and (iii) existing public facilities and public facility needs in those potential growth areas.

Patron - Chichester

F SB361

Graffiti removal. Permits localities to require that whenever a property owner, after required notice, fails to remove or repair graffiti from a building owned by him, and the locality has such graffiti removed or repaired by its agents or employees, the cost and expenses thereof, not to exceed $350 per incident or $500 in any calendar year, shall be chargeable to and paid by the owner of such property. There is a July 1, 2001, sunset clause.

Patron - Whipple

F SB763

Public Finance Act; advisory referendum. Provides that when a locality is required to hold a referendum before issuing bonds, the locality may request that the referendum include both the required question regarding the issuance of bonds and an advisory question to take the sense of the voters regarding the project for which the bonds may be issued.

Patron - Mims

F SB842

Expedited land development review procedure. Requires all counties to develop an expedited land development review procedure for the review of preliminary and final subdivision and site plans and other development plans. The section is currently optional for Loudoun and Prince William Counties (described by population.) The purpose of the separate review procedure is to provide a procedure to expedite counties' review of certain qualified land development plans. Such plans will be reviewed by licensed professional engineers, architects, certified landscape architects and land surveyors who meet certain educational and experience requirements. The board of supervisors shall also establish an advisory plans examiner board which shall make recommendations to the board of supervisors on the general operation and administration of the program. The expedited land development program shall include an educational program which includes a comprehensive and detailed study of county ordinances and regulations relating to plans and how they are applied.

Patron - Norment

F SB973

Local telecommunications services. Allows the City of Martinsville (described by population) to install and lease telecommunications infrastructure in order to make telecommunications services, including high-speed telecommunications fiber, accessible to the public. The section currently prohibits the provision of such services by localities, except for the Town of Abingdon.

Patron - Reynolds

F SB998

Issuance of building permits may be based on capital improvements. Allows high-growth localities by ordinance to establish the maximum number of residential building permits to be issued in each calendar year. However, the locality shall first (i) establish reasonable, maximum debt ratios for the locality after consultation with its financial advisors, (ii) adopt a capital improvements program and annually fund the program, and (iii) annually fund at least 10 percent of the capital improvements program with current revenues, exclusive of debt service or proffered zoning conditions. The number of new residential units in each upcoming calendar year is to be determined by analyzing the ability of the locality to provide school capacity as measured against the adopted maximum debt ratios and capital improvements program. Such ordinance may include reasonable provisions for (i) the allocation of residential building permits by established planning areas during the year and (ii) the payment by the builder of a proportional cash contribution for school capital costs in the event the builder seeks a building permit beyond the established limit for the year. The provisions of the section expire on July 1, 2004.

Patron - Mims

F SB1113

Transportation district commissions. Increases the number of Senate members appointed to the Tidewater Transportation District Commission from one to two; provides for the appointment of three House of Delegates members and three Senate members to the Hampton Roads Transit Commission; limits membership of the Hampton Roads Transit Commission to city council members and General Assembly members; requires that terms of city council members appointed to the Tidewater Transportation District Commission or the Hampton Roads Transit Commission be terminated when they cease to be city council members; and limits appointments to the Hampton Roads Transit Commission to eight years (except for appointments to fill unexpired terms).

Patron - Schrock

F SB1118

Vested rights. Provides that only acts occurring after July 1, 1998, shall be applicable when determining what qualifies as a significant affirmative governmental act.

Patron - Whipple

F SB1137

Road and school impact fees. Adds school facilities to provisions which currently allow northern Virginia localities to adopt impact fee ordinances for roads. Prior to the adoption of an ordinance, a locality shall establish an impact fee advisory committee, conduct an assessment of road and school improvement needs and delineate one or more impact fee service areas within its jurisdiction. Impact fees collected from new development within an impact fee service area shall be expended for road or school improvements within that impact fee service area. Also, provisions which currently prohibit the assessment of impact fees if proffers have been offered and accepted are revised to allow localities to assess the impact fee if the locality includes a credit for the value of the proffer.

Patron - Mims

F SB1140

Vested rights. Amends the provision which provides that certain vestings shall not be affected by a subsequent amendment to a zoning ordinance by stating that those amendments apply only if "affecting use, floor area ratio or density, unless the change is required to comply with state law or there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety or welfare." Other changes (i) exclude the "purchasing of land" from being deemed an extensive obligation or substantial expense, (ii) provide that only acts which occur after July 1, 1998, may qualify as a significant affirmative governmental act under the statute and (iii) require the landowner to submit the final plat or plan within 12 months after approval of the preliminary plat or plan, rather than diligently pursue approval of the final plat, in order to demonstrate a significant affirmative governmental act.

Patron - Mims

F SB1215

Patron - Forbes

F SB1227

Group homes. Allows localities, to the extent not prohibited by federal law, to regulate the location of group homes for mentally ill, mentally retarded, or developmentally disabled persons in single family residential districts.

Patron - Marsh

F SB1255

Towing. Allows localities greater ability to have illegally parked vehicles towed without any direct involvement of law-enforcement officers.

Patron - Marsh

F SB1283

Planning and zoning. Allows localities to subject telecommunications towers on state land to local zoning and comprehensive plan requirements.

Patron - Couric

F SB1303

Control of firearms. Deletes provisions which preserve the validity of local firearm control ordinances adopted prior to January 1, 1987. The bill also (i) repeals a 1944 act which allowed Arlington County (described by population density) to require sellers and purchasers of pistols and revolvers to obtain a permit, (ii) repeals provisions which allow any county to require sellers of pistols and revolvers to furnish the name and address of purchasers, and (iii) requires localities to destroy records kept pursuant to certain firearm control ordinances.

Patron - Hanger

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

HOME | DLS | GENERAL ASSEMBLY

P Passed

F Failed