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2004 SESSION

043108396
HOUSE BILL NO. 68
Offered January 14, 2004
Prefiled December 11, 2003
A BILL to amend and reenact § 10.1-107 of the Code of Virginia and to amend the Code of Virginia by adding in Subtitle I of Title 10.1 a chapter numbered 10.3, consisting of sections numbered 10.1-1027, 10.1-1028 and 10.1-1029, relating to the Local Parks and Recreational Facilities Act.
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Patrons-- Marshall, R.G. and Sickles
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That § 10.1-107 of the Code of Virginia is amended and reenacted, and the Code of Virginia is amended by adding in Subtitle I of Title 10.1 a chapter numbered 10.3, consisting of sections numbered 10.1-1027, 10.1-1028 and 10.1-1029, as follows:

§ 10.1-107. General powers and duties of the Board.

A. The Board shall advise the Governor and the Director on activities of the Department. Upon the request of the Governor, or the Director, the Board shall institute investigations and make recommendations.

The Board shall formulate recommendations to the Director concerning:

1. Requests for grants or loans pertaining to outdoor recreation.

2. Designation of recreational and historical sites eligible for recreational access road funds.

3. Designations proposed for scenic rivers, scenic highways, and Virginia byways.

4. Acquisition of real property by fee simple or other interests in property for the Department including, but not limited to, state parks, state recreational areas, state trails, greenways, natural areas and natural area preserves, and other lands of biological, environmental, historical, recreational or scientific interest.

5. Acquisition of bequests, devises and gifts of real and personal property, and the interest and income derived therefrom.

6. Stage one and stage two plans, master plans, and substantial acquisition or improvement amendments to master plans as provided in § 10.1-200.1.

B. The Board shall have the authority to promulgate regulations necessary for the execution of the Virginia Stormwater Management Act, Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of this title and the Local Parks and Recreational Facilities Act, Chapter 10.3 (§ 10.1-1027 et seq.) of this title, and for the execution of the Public Beach Conservation and Development Act, Article 2 (§ 10.1-705 et seq.) of Chapter 7 of this title.

C. The Board shall assist the Department in the duties and responsibilities described in Subtitle I (§ 10.1-100 et seq.) of Title 10.1.

D. The Board is authorized to conduct fund-raising activities as deemed appropriate and will deposit such revenue into the State Parks Projects Fund pursuant to subsection D of § 10.1-202.

CHAPTER 10.3.
LOCAL PARKS AND RECREATIONAL FACILITIES ACT.

§ 10.1-1027. Comprehensive assessment of local parks and recreational facilities.

A. The Department shall undertake a comprehensive assessment process to determine the adequacy of public parks and recreational facilities provided to its citizens by each locality in the Commonwealth. The factors to be considered by the Department in performing each local assessment shall include, but not be limited to the following:

1. The state and condition of existing public parks and recreational facilities provided by the locality;

2. Current population, based on the most recently available census data, population growth rate of the locality for the previous five years, and projections of population growth over the next five years;

3. Per capita rate of residential development in the locality for the previous five years, and projections of such rates over the next five years;

4. The local comprehensive plan and zoning provisions;

5. Provisions in the local budget or capital improvement plan relating to parks and recreation, including but not limited to, existing plans and cost estimates associated with acquisition of new parkland or improvements to existing parks, and existing plans and cost estimates associated with the development of new recreational facilities or improvements to existing facilities; and

6. The proximity and accessibility of other local, state or federal parks or recreational facilities or other comparable alternatives to locally provided parks and recreational facilities.

B. Each locality shall provide in a timely manner all relevant information requested by the Department, and shall cooperate fully with the Department in conducting the assessment. Based upon the established criteria and final results of the assessment, the Department shall issue written recommendations to each locality setting forth its findings as to the adequacy of its public parks and recreational facilities.

§ 10.1-1028. Inadequacy of local parks and recreational facilities.

Upon a determination by the Department that a locality's public parks or recreational facilities are not adequate to serve its current population, or will be inadequate within the next five years, the Department shall notify the locality of this in writing, whereupon the locality shall have one calendar year from receipt of such notification within which to establish, and submit for the Department's approval, a program to achieve adequacy within the next five years. If after reviewing the locality's program, it determines that local parks or recreational facilities are still inadequate or will be inadequate within five years of the original determination of inadequacy, or if the locality fails to submit a program within one year of notification, then pursuant to § 10.1-1029 the Department shall establish and apply a parks and recreation residential development impact fee in such locality.

§ 10.1-1029. Parks and recreation residential development impact fee.

A. Upon a determination of inadequacy and failure to cure pursuant to § 10.1-1028, the Department shall establish and collect a fee from the builder of each new residential unit constructed in the locality until such time as the Department determines that the local parks and recreational facilities are adequate and are likely to remain adequate for at least the next five years. The fee shall be based upon the Department's determination of the following:

1. The pro-rata impact of each additional residential unit on existing parks and recreational facilities, and

2. The pro-rata impact of each additional residential unit on the costs of improving or developing new parks or recreational facilities in order to adequately meet the needs of such new residential development.

B. The Department shall hold all fees collected under this section in an interest-bearing escrow account on behalf of the locality. The Department shall make disbursements to the locality from such account for the acquisition, improvement or development of new or existing public parkland or recreational facilities.

C. Upon a determination by the Department that the locality's parks and recreational facilities are adequate and are likely to remain adequate for at least the next five years, the Department shall release to the locality all funds that may remain in the locality's escrow account.

D. Any locality subject to a determination of inadequacy and the imposition of the impact fee provisions under this chapter may appeal to the Director for reconsideration of the Department's assessment no more than once in any given year. If the Director finds the Department's assessment to be in error, he shall terminate the imposition of the impact fee provisions.

E. The Board of Conservation and Recreation is authorized to promulgate regulations necessary for the implementation of the Act. Such regulations shall be consistent with the provisions of this chapter and shall include, but not be limited to the following:

1. The criteria and process used by the Department in performing adequacy assessments and the minimum standards that each locality must meet in order for its parks and recreational facilities to be deemed adequate; and

2. A program for the assessment, holding and disbursement of impact fees collected under this chapter. Such program shall include a parks and recreation residential impact fee schedule.