Land Use & Growth Management
| Bills | Committee | Last action | Date |
| HB 92 - Marshall, R.G. - Urban development areas; incorporation of areas optional rather than mandatory, etc. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Makes incorporation of urban development areas optional rather than mandatory. Any locality that has previously adopted urban development areas may, and upon voter petition shall, reconsider such action. | |||
| HB 166 - Cosgrove - Zoning administrator; narrows instances in which administrator may modify certain orders. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/26/12 |
| notes: Narrows the instances in which a zoning administrator may modify certain previously issued written orders outside a 60-day time period by deleting the phrase "or other non discretionary" from the provision that currently excludes "clerical or other non discretionary errors" from the 60-day limitation. | |||
| HB 169 - Cosgrove - Enterprise zones; criteria for designation. | (H) Committee on Appropriations | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes:
Provides that an area for which state enterprise zone designation is sought would be required to meet one of the following: (i) have 25 percent or more of the population with incomes below 80 percent of the median income of the jurisdiction; (ii) have an unemployment rate 1.5 times the state average; or (iii) have a demonstrated floor area vacancy rate of industrial and/or commercial properties of 20 percent or more. The criteria would replace the current criteria that considers locality-wide need as demonstrated by: (i) the average unemployment rate for the locality over the most recent three-year period; (ii) the average median adjusted gross income for the locality over the most recent three-year period; and (iii) the average percentage of public school students within the locality receiving free or reduced price lunches over the most recent three-year period. |
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| HB 170 - Cosgrove - Zoning administrator; decisions reviewed by governing body shall be appealable to circuit court. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/26/12 |
| notes: Provides that in instances in which decisions of a zoning administrator are reviewed by the governing body, the governing body%92s decision shall be appealable to the circuit court. | |||
| HB 316 - Ingram - Cemeteries; definition shall include all uses associated with interment of human remains. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/25/12 |
| notes:
Provides that the definition of cemetery shall include all uses necessarily or customarily associated with interment of human remains. The bill also exempts certain structures located within a cemetery from the building code or other applicable codes. Furthermore, the period of validity of the final site plan for a cemetery is extended, and certain land use vesting protections are provided to landowners upon recordation of a declaration restricting the use of the land to use as a cemetery. SAME AS SB430 |
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| HB 326 - Massie - Proffers; amendments and notice. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 02/02/12 |
| notes: Allows a landowner subject to proffered conditions to apply for amendments to such conditions after providing notice to local governing body. | |||
| HB 327 - Peace - Historic structures; demolition. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Provides that a locality may require by ordinance that certain structures within a historic district not be demolished except in compliance with the local ordinance, unless the local building department determines that it constitutes such a hazard that it shall be razed and removed. | |||
| HB 328 - Villanueva - Uniform Statewide Building Code; online submission of building permit applications. | (H) Committee on General Laws | (H) Assigned GL sub: #1 Housing | 01/13/12 |
| notes: Requires local building departments to establish a system to allow any person applying for a building permit to (i) submit his permit application by electronic means and to affix thereto his electronic signature, (ii) check on the status of his application online and to receive information from the building department electronically, and (iii) submit electronic payment for his permit application. | |||
| HB 383 - Pogge - Zoning ordinances; attorney fees. | (H) Committee for Courts of Justice | (H) Subcommittee recommends laying on the table | 01/23/12 |
| notes: Provides that a court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in a zoning action brought against it or that successfully challenges the validity of a zoning ordinance. | |||
| HB 405 - Torian - Planning commissions; appointments. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends passing by indefinitely | 02/01/12 |
| notes: Provides that no member shall be appointed to a planning commission who holds a pecuniary interest or professional position with any organization to which the outcome of local planning and zoning policies is integral to the organization's mission. | |||
| HB 406 - Torian - Incentives, local; local government to provide regulatory flexibility to defense contractors. | (H) Committee on General Laws (S) Committee on Finance | (S) Referred to Committee on Finance | 01/26/12 |
| notes: Authorizes a local government to provide local incentives and regulatory flexibility to defense contractors located within a defense production and support services zone established by the local government. The bill defines defense contractors as businesses primarily engaged in providing services in support of national defense. | |||
| HB 491 - Dance - Derelict and blighted buildings; authorizes locality to serve as receiver to repair. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/26/12 |
| notes: Authorizes a locality to serve as a receiver, appointed by the circuit court, to repair blighted and derelict buildings. Buildings must previously have been determined to be blighted under current spot blight provisions. The owner of the property may redeem the property subject to receivership during the receivership process or prior to sale and will be awarded any profits gained through sale at public auction. This bill was recommended by the Virginia Housing Commission. | |||
| HB 499 - Dance - Vacant building registration; increases annual fee. | (H) Committee on Counties, Cities and Towns | (H) Tabled in Counties, Cities and Towns | 01/20/12 |
| notes: Increases the annual registration fee that cities may charge to owners of property that has been vacant for 12 months or more from $25 to $200. | |||
| HB 526 - Cosgrove - Helicopters; local regulation of use. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/26/12 |
| notes: Provides that local land use regulation of helicopter use within a locality shall be reasonable and shall not have the effect of prohibiting the landing or taking off of helicopters within the locality. | |||
| HB 571 - Marshall, D.W. - Housing crisis; extends sunset date for several measures related to various land use approvals, etc. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: The sunset date for several measures related to various land use approvals, the timing of cash proffer payments, and bonding requirements is extended from July 1, 2014, to July 1, 2017. The bill also expands the scope of such measures that will be subject to the extension to include those measures approved by January 1, 2011. | |||
| HB 614 - LeMunyon - Comprehensive plan; controls future land use decisions of governing body. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Provides that the comprehensive plan shall control the future land use decisions of the governing body. No zoning amendment shall be approved unless it has been determined to be substantially in accord with the adopted comprehensive plan. However, a governing body may approve a proposed zoning amendment that is not in substantial accord with the comprehensive plan if the advocate for such proposed amendment can make a substantial showing that the land use change will serve the purposes of the zoning ordinance. | |||
| HB 615 - LeMunyon - Zoning; clarifies that localities may approve by special exception all modifications to property. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends striking from docket | 02/02/12 |
| notes: Clarifies that localities may approve by special exception all modifications to property that may currently also be granted by variance. | |||
| HB 617 - LeMunyon - Grass; authorizes locality to require by ordinance that owners of certain real estate cut. | (H) Committee on Counties, Cities and Towns | (H) Tabled in Counties, Cities and Towns (11-Y 10-N) | 01/20/12 |
| notes: Authorizes any locality to require by ordinance that owners of certain real estate cut the grass growing on their property. Currently the law grants such authority to specific counties. | |||
| HB 621 - LeMunyon - Veterans; repeals obsolete defense housing projects laws. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Repeals two chapters of Title 36 that deal with World War II era defense housing projects and housing projects for veterans. The bill is a recommendation of the Virginia Code Commission. | |||
| HB 660 - Surovell - Solar photovoltaic power production projects; VDOT to lease space within highway rights-of-way. | (H) Committee on Transportation | (H) Subcommittee recommends reporting with amendment(s) (5-Y 0-N) | 01/31/12 |
| notes: Allows VDOT to lease space within highway rights-of-way for solar photovoltaic power production projects. | |||
| HB 728 - Dudenhefer - Transportation impact fees; when amount assessed and imposed. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Provides that if a specific development or subdivision received final site plan or subdivision approval prior to the effective date of the locality's impact fee ordinance, the amount of the impact fee to be imposed may be determined at any time prior to the issuance of a building permit. Under current law, the amount of the impact fee must be determined before or at the time of site plan or subdivision approval. | |||
| HB 729 - Dudenhefer - Urban development areas; increases population thresholds to determine applicability of requirements. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Increases population thresholds for determining applicability of urban development area (UDA) requirements from 130,000 persons to 200,000 persons. The bill also specifies that UDAs need only accommodate the projected growth beyond what may be developed by right and changes a 10-year growth mandate to five years. | |||
| HB 731 - Dudenhefer - Performance guarantees; street construction. | (H) Committee on Counties, Cities and Towns | (H) Tabled in Counties, Cities and Towns | 02/03/12 |
| notes: Allows localities to retain full performance guarantees until streets in a new development are accepted by the state agency, local government department or agency, or other public authority that is responsible for maintaining and operating such public facility. The bill also provides that if a developer is in default with regard to street completions in another development within a locality, the locality may withhold acceptance of securities or plat approvals. Furthermore, a locality may withhold building permits or occupancy permits within a development until streets in a new development are accepted by the state agency, local government department or agency, or other public authority that is responsible for maintaining and operating such public facility. | |||
| HB 732 - Dudenhefer - Transfer of development rights. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns (22-Y 0-N) | 02/03/12 |
| notes: Provides that a transfer of development rights ordinance may permit a sending property, subsequent to severance of development rights, to be used for parks and campgrounds. | |||
| HB 794 - Rush - Urban development areas; incorporation of areas optional rather than mandatory, etc. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Makes incorporation of urban development areas optional rather than mandatory. Any locality that has previously adopted urban development areas may, and upon voter petition shall, reconsider such action. | |||
| HB 812 - May - Historic district; notice of public hearing on designation of district. | (H) Committee on General Laws | (H) Assigned GL sub: #1 Housing | 01/27/12 |
| notes: Eliminates the requirement that the Department of Historic Resources publish a notice of a public hearing on the designation or nomination of a historic district in a newspaper once a week for two successive weeks. | |||
| HB 823 - Marshall, R.G. - Planning district commissions; functional areas warranting regional cooperation shall be limited. | (H) Committee on Counties, Cities and Towns | (H) Subcommittee recommends passing by indefinitely | 02/02/12 |
| notes: Provides that the functional areas warranting regional cooperation for planning district commission purposes shall be limited to (i) solid waste, water supply, and other environmental management and (ii) transportation. | |||
| HB 830 - Carr - Arts and cultural districts; allows a locality to create more than one. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 02/02/12 |
| notes: Allows a locality to create more than one arts and cultural district. The current language refers to the creation of a district in the singular. | |||
| HB 842 - James - Business license or land use authorization, local; conditions of issuance. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 02/02/12 |
| notes: Permits localities to condition issuance of a local business license or land use authorization on payment of any delinquent taxes, fees, or other charges owed by the applicant to the locality. | |||
| HB 863 - Rust - Zoning; civil penalties constitute liens on real property. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Establishes that a lien against real property shall exist for each penalty levied for a scheduled violation of a locality's zoning ordinance. Such a lien shall arise for each penalty that either remains unpaid after the completion of an appeals procedure sustaining the penalty or otherwise remains unpaid for 90 days after issuance. | |||
| HB 869 - Rust - Urban development areas; makes incorporation optional rather than mandatory for all localities. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns (20-Y 2-N) | 02/03/12 |
| notes: Makes designation of urban development areas optional for all localities. Currently urban development areas are mandatory for many higher growth localities. | |||
| HB 903 - Minchew - Proffered conditions; landowners may apply to governing body for amendments, etc., of conditions. | (H) Committee on Counties, Cities and Towns | (H) Stricken from docket by Counties, Cities and Towns (0-Y 0-N) | 01/27/12 |
| notes: Provides that a landowner subject to certain proffered conditions may apply to the governing body for amendments to or variations of such proffered conditions, provided only that written notice of such application be provided in the manner prescribed by subsection H of § 15.2-2204 to all landowners subject to such existing proffered conditions. Also, no landowner shall possess any vested or other property right in any such proffered condition. | |||
| HB 910 - Minchew - Cash proffers; expands existing provisions that allow certain alternative uses. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 02/02/12 |
| notes: Expands existing provisions that allow certain alternative uses of cash proffers to provide that such cash proffers may also be used for an alternative purpose if the functional purpose for which the cash payment was made no longer exists. | |||
| HB 913 - Minchew - Solid waste management plan; making such plans optional. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends reporting with amendment(s) (5-Y 2-N) | 02/01/12 |
| notes: Removes the mandate that a governing body develop and implement a regional or local solid waste management plan, making such plans optional. | |||
| HB 942 - Lingamfelter - Alternative onsite sewage system; locality can not require owner to enter in performance agreement. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Provides that a locality shall not require the owner of an alternative onsite sewage system to enter into a performance agreement with the locality or otherwise require the owner of an alternative onsite sewage system to post with the locality a sum of cash, a letter of credit, or a bond. | |||
| HB 1029 - Englin - Real property; removes requirement that certain planning commissioners own. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Removes the requirement that at least one-half of the members of a local planning commission be owners of real property. | |||
| HB 1045 - Keam - Uniform Statewide Building Code; requires Board of Housing and Community Development to revise. | (H) Committee on General Laws | (H) Subcommittee recommends laying on the table | 01/25/12 |
| notes: Requires the Board of Housing and Community Development to revise the Uniform Statewide Building Code to require a two-year time limit on the duration of a building permit issued for the completion of new construction of detached single-family dwellings, additions to detached single-family dwellings, or residential accessory structures. Under the current Building Code, the time limit is three years for such dwellings and structures. | |||
| HB 1059 - Anderson - Zoning Appeals, Board of; jurisdictions imposing civil penalties for violations of ordinances, etc. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 02/02/12 |
| notes: Shortens the time for appeal of certain local land use decisions to the board of zoning appeals from 30 days to 14 days. | |||
| HB 1071 - Hugo - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2010, with flows of less than 1,000 gallons per day serving a church or an individual single-family dwelling occupied by such owner shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system contained in State Board of Health regulations. The provisions of this act shall expire on July 1, 2014. | |||
| HB 1076 - Hugo - Special use permit; land filling activities. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Provides that a locality may require a special use permit for certain land filling activities on agriculturally zoned property. | |||
| HB 1111 - Greason - Statewide Fire Prevention Code & Uniform Statewide Building Code; fees for enforcement and appeals. | (H) Committee on General Laws | (H) Assigned GL sub: #1 Housing | 01/17/12 |
| notes: Defines the term "defray the cost" for purposes of fees authorized to be collected by a locality for costs for enforcement and appeals of the application of the Statewide Fire Prevention Code and the Uniform Statewide Building Code. | |||
| HB 1114 - Morris - Sport shooting ranges, certain; applicability of local ordinaces. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Sport shooting ranges; adding in Chapter 9 of Title 15.2 a section numbered 15.2-917.1, local ordinances - exempts shooting ranges from local zoning | |||
| HB 1122 - Morrissey - Derelict and blighted buildings; authorizes locality to serve as receiver to repair. | (H) Committee for Courts of Justice | (H) Subcommittee recommends laying on the table | 02/01/12 |
| notes: Authorizes a locality to serve as a receiver, appointed by the circuit court, to repair blighted and derelict buildings. Buildings must previously have been determined to be blighted under current spot blight provisions. The owner of the property may redeem the property subject to receivership during the receivership process or prior to sale and will be awarded any profits gained through sale at public auction. This bill was recommended by the Virginia Housing Commission. | |||
| HB 1137 - Marshall, D.W. - Historic districts; owner of buildings,etc., shall be given notice of public hearing. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Provides that before any locality designates by ordinance any building, structure, district, object, or site as part of a local historic district, the owners of such property proposed for designation shall be given written notice of the public hearing on the ordinance. If a majority of the owners of the property within the proposed new local historic district or amended existing local historic district object, the locality shall not include the properties of the objecting owners in the proposed local historic district. | |||
| HB 1150 - Dudenhefer - Cash proffers; removes provision allowing court to award attorney fees in certain cases. | (H) Committee on Counties, Cities and Towns | (H) Continued to 2013 in Counties, Cities and Towns | 02/03/12 |
| notes: Removes the provision allowing the court to award attorney fees in certain cases involving collection of cash proffers. Also, the bill provides that the statute shall not apply to proffer agreements made prior to July 1, 2010. | |||
| HB 1196 - Cole - Zoning provisions; private schools and child day centers operated by religious institutions. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/25/12 |
| notes: Provides that zoning ordinances for all purposes shall consider (i) private schools operated by a religious institution and (ii) certain child day centers operated by a religious institution as permitted uses in any zoning classification in which religious institutions are a permitted use. | |||
| HB 1216 - Bell, Richard P. - Zoning amendment; notice of proposed change to zoning ordinance that involve State or federal land. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns with amendment (22-Y 0-N) | 02/03/12 |
| notes: Provides that when a proposed amendment to the zoning ordinance involves a tract of land owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract. | |||
| HB 1253 - Knight - Cash proffers; profferor shall not waive rights against locality. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns with amendments (22-Y 0-N) | 02/03/12 |
| notes: Prohibits any locality from accepting certain proffers purporting to contain a waiver of legal rights against the locality. The bill deems any such waiver in an enacted proffer void and severable and protects any rezoning from challenge on the basis of a profferor's alleged violation of such a waiver provision. | |||
| HB 1269 - Fariss - Zoning appeals, board of; appeals resulting in tie vote may be carried over until next meeting. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/25/12 |
| notes: Provides that if certain votes of a local board of zoning appeals result in a tie vote, the person filing an appeal may have the matter carried over until the next meeting. | |||
| SB 19 - Stuart - Cash proffers; changes sunset date on provisions that state collection or acceptance by locality. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 12/28/11 |
| notes: Changes the sunset date from July 1, 2015, to July 1, 2012, on provisions that state that cash proffers shall be collected or accepted by any locality only after completion of the final inspection and prior to the time of the issuance of any certificate of occupancy for the subject property. | |||
| SB 36 - Black - Proffered conditions; landowner subject to certain conditions in Town of Leesburg. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 12/30/11 |
| notes: Provides that a landowner subject to certain proffered conditions in the Town of Leesburg may apply to the town council for amendments to or variations of such proffered conditions, provided only that written notice of such application be provided in the manner prescribed by subsection H of § 15.2-2204 to all landowners subject to such existing proffered conditions. Also, no landowner shall possess any vested or other property right in any such proffered condition that would preclude the amendment or variation of any proffer pursuant to this provision. | |||
| SB 122 - Watkins - Derelict and blighted buildings; authorizes locality to serve as receiver to repair. | (S) Committee on Local Government | (S) Read second time and engrossed | 02/03/12 |
| notes: Authorizes a locality to serve as a receiver, appointed by the circuit court, to repair blighted and derelict buildings. Buildings must previously have been determined to be blighted under current spot blight provisions. The owner of the property may redeem the property subject to receivership during the receivership process or prior to sale and will be awarded any profits gained through sale at public auction. This bill was recommended by the Virginia Housing Commission. | |||
| SB 123 - Watkins - Environmental covenants; compliance with Uniform Environmental Covenants Act not required. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Reported from Agriculture, Conservation and Natural Resources with amendment (15-Y 0-N) | 02/02/12 |
| notes: Clarifies that compliance with the Uniform Environmental Covenants Act is not required. | |||
| SB 143 - Puckett - Mining permit; use of mine voids. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Stricken at request of Patron in Agriculture, Conservation and Natural Resources (15-Y 0-N) | 02/02/12 |
| notes:
Requires an application for a mining permit to identify the owner of the underground space to be used. |
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| SB 144 - Puckett - Virginia Oil and Gas Act; production of plats or maps. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Stricken at request of Patron in Agriculture, Conservation and Natural Resources (15-Y 0-N) | 02/02/12 |
| notes: Requires a surveyor or engineer to certify that the acreages shown on a map or plat produced under the Virginia Oil and Gas Act since January 1, 1990, match the acreages listed in the county records. Where a mapped acreage differs from that listed in the county records, the operator is required to commission a survey and record a deed of correction in order to reconcile the acreages. Submitting a plat in violation of the accuracy requirement will cause all damaged mineral owners in the unit to be deemed fully-paid participants in the unit. The bill has an effective date of January 1, 2013. | |||
| SB 177 - Stuart - Performance guarantees; street construction. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/10/12 |
| notes: Allows localities to retain full performance guarantees until streets in a new development are accepted by the state agency, local government department or agency, or other public authority that is responsible for maintaining and operating such public facility. The bill also provides that if a developer is in default with regard to street completions in another development within a locality, the locality may withhold acceptance of securities or plat approvals. Furthermore, a locality may withhold building permits or occupancy permits within a development until streets in a new development are accepted by the state agency, local government department or agency, or other public authority that is responsible for maintaining and operating such public facility. | |||
| SB 215 - Barker - Bond administration; reimbursement of administrative costs. | (S) Committee on Local Government | (S) Incorporated by Local Government (SB179-Stuart) (14-Y 0-N) | 01/17/12 |
| notes: Provides that if the owner or developer defaults on construction of certain public facilities, the locality shall be entitled to retain the allowance for administrative costs regardless of who ultimately completes the facilities. | |||
| SB 229 - Herring - Zoning; civil penalties constitute liens on real property. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/10/12 |
| notes: Establishes that a lien against real property shall exist for each penalty levied for a scheduled violation of a locality's zoning ordinance. Such a lien shall arise for each penalty that either remains unpaid after the completion of an appeals procedure sustaining the penalty or otherwise remains unpaid for 90 days after issuance. | |||
| SB 233 - Herring - Proffered conditions; landowners may apply to governing body for amendments, etc., of conditions. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/10/12 |
| notes: Provides that a landowner subject to certain proffered conditions may apply to the governing body for amendments to or variations of such proffered conditions, provided only that written notice of such application be provided in the manner prescribed by subsection H of § 15.2-2204 to all landowners subject to such existing proffered conditions. Also, no landowner shall possess any vested or other property right in any such proffered condition. | |||
| SB 240 - Obenshain - Constitutional amendment; taking or damaging of private property for public use (voter referendum). | (S) Committee on Privileges and Elections | (S) Passed by for the day | 02/03/12 |
| notes: Provides for a referendum at the November 6, 2012, election to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and (i) requiring that eminent domain be exercised for public uses and not for the primary purpose of private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) defining what is to be included in determining just compensation for permissible takings; and (iii) prohibiting the taking of more private property than is necessary for the stated public use. | |||
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