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2004 SESSION

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041957272
HOUSE BILL NO. 482 Offered January 14, 2004 Prefiled January 13, 2004 A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 22 of Title 15.2 a section numbered 15.2-2239.1, relating to impact fees. ---------- Patron-- Cole ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 22 of Title 15.2 a section numbered 15.2-2239.1 as follows:

§ 15.2-2239.1. Impact fees for residential development.

A. Any locality may adopt an ordinance providing for payment of impact fees to be paid no later than at the time of closing of the sale of the subject property. If the property is not built for resale, the impact fee shall be paid no later than 90 days from the issuance of the occupancy permit. The impact fee shall be in an amount representing the proportional total or partial cost of capital improvements reasonably related to the transportation, education, or public safety needs generated by the additional residential development. No such fee shall be assessed unless such locality's comprehensive plan clearly identifies the transportation, education, or public safety needs in the area of the locality that shall serve the proposed residential development.

B. Prior to adoption of any ordinance providing for impact fees, the locality shall have adopted a capital improvement program pursuant to § 15.2-2239 or local charter. No impact fee shall be assessed unless the capital improvements related to the additional development have been included in the locality's capital improvement program. However, nothing herein shall prevent a locality from assessing impact fees for capital improvements that would not normally be included in a capital improvement program. All impact fees collected shall be used by the locality for the purpose of completing capital improvements specified in the ordinance.

C. The impact fee ordinance may require that a developer provide security, prior to approval of a final subdivision plat or site plan, for payment of impact fees prior to building permit issuance.

D. The impact fee ordinance shall include provisions for the calculation and administration of impact fees and may establish criteria for periodic fee adjustments to reflect changes in the estimated costs of the improvements designated in the capital improvement program and the inclusion of additional capital improvements. In no event shall the impact exceed five percent of the sale price of the property, or five percent of the assessed value if the property is not being sold, or $10,000, whichever is less.

E. For purposes of this section, unless the context requires a different meaning, "cost" includes, in addition to all labor, materials, machinery and equipment for construction, (i) acquisition of land, rights-of-way, property rights, easements and interests, including the costs of moving or relocating utilities; (ii) demolition or removal of any structure on land so acquired, including acquisition of land to which such structure may be moved; (iii) survey, engineering, and architectural expenses; (iv) legal, administrative, and other related expenses; and (v) interest charges and other financing costs if impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued by the locality to finance the capital improvement.

F. No locality shall assess impact fees on residential development for any capital improvements if the developer has proffered and the locality has accepted, pursuant to §§ 15.2-2297, 15.2-2298 or § 15.2-2303, conditions for the payment of cash representing a proportionate share of the cost of the capital improvements specified in the locality's impact fee ordinance. However, nothing herein shall preclude a developer from proffering and the locality from accepting conditions, including the payment of cash, designed to address any impacts related to a specific development that are not addressed by a locality's impact fee ordinance.

G. Localities may grant exemptions from the impact fee to churches, schools, governmental entities, and charitable organizations.