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2005 SESSION
053354380Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2303.2 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2303.2. Proffered cash payments and expenditures.
A. The governing body of any locality accepting a cash payment
payments voluntarily proffered on or after July 1, 2005, pursuant
to §§ 15.2-2298, 15.2-2303 or § 15.2-2303.1 shall, by
September 30, 2001, report to the Commission on Local Government the following
information for the preceding two fiscal years, concluding with fiscal year
2001:
1. The aggregate amount of proffered cash payments
collected by the locality;
2. The aggregate amount of proffered cash payments that
have been pledged to but not collected by the locality and which pledges are
not conditioned on any event other than time; and
3. The aggregate amount of proffered cash payments expended
by the locality, and an aggregate list of all public improvements on which such
money was expended within seven years of receiving full payment of all
cash proffered pursuant to an approved rezoning application, begin, or cause to
begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way
acquisition, (v) surveying, or (vi) utility relocation on the improvements for
which the cash payments were proffered. A locality that does not comply with
the above requirement, or does not begin alternative improvements as provided
for in subsection C, shall forward the amount of the proffered cash payments to
the Commonwealth Transportation Board no later than December 31 following the
fiscal year in which such forfeiture occurred for direct allocation to the
secondary system construction program or the urban system construction program
for the locality in which the proffered cash payments were collected. The funds
to which any locality may be entitled under the provisions of Title 33.1 for
construction, improvement, or maintenance of primary, secondary, or urban roads
shall not be diminished by reason of any funds remitted pursuant to this
subsection by such locality, regardless of whether such contributions are
matched by state or federal funds.
B. The governing body of any locality eligible to accept any
proffered cash payments pursuant to §§ 15.2-2298, 15.2-2303 or § 15.2-2303.1
but that did not accept any proffered cash payments during the preceding two
fiscal years shall by September 30, 2001, so notify the Commission on
Local Government, for each fiscal year beginning with the fiscal year
2007, (i) include in its capital improvement program created pursuant to §
15.2-2239, or as an appendix thereto, the amount of all proffered cash payments
received during the most recent fiscal year for which a report has been filed
pursuant to subsection D, and (ii) include in its annual capital budget the
amount of proffered cash payments projected to be used for expenditures or
appropriated for capital improvements in the ensuing year.
C. Regardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body of a locality pursuant to § 15.2-2298, 15.2-2303.1, or 15.2-2304, a locality may utilize any cash payments proffered for capital improvements or alternative improvements of the same category within the locality in the vicinity of the improvements for which the cash payments were originally made. Prior to utilization of such cash payments for the alternative improvements, the governing body of the locality shall give at least 30 days' written notice of the proposed alternative improvements to the entity who paid such cash payment mailed to the last known address of such entity, or if proffer payment records no longer exist, then to the original zoning applicant, and conduct a public hearing on such proposal advertised as provided in subsection F of § 15.2-1427. The governing body of the locality prior to the use of such cash payments for alternative improvements shall, following such public hearing, find: (i) the improvements for which the cash payments were proffered cannot occur in a timely manner; (ii) the alternative improvements are within the vicinity of the proposed improvements for which the cash payments were proffered; and (iii) the alternative improvements are in the public interest.
D. The governing body of any locality with a population
in excess of 3,500 persons accepting a cash payment voluntarily proffered pursuant
to §§ 15.2-2298, 15.2-2303 or § 15.2-2303.1 shall within three
months of the close of each fiscal year, beginning in fiscal year 2002 and for
each fiscal year thereafter, report to the Commission on Local Government the
following information for the preceding fiscal year:
1. The aggregate dollar amount of proffered cash payments collected by the locality;
2. The estimated aggregate dollar amount of proffered cash payments that have been pledged to the locality and which pledges are not conditioned on any event other than time; and
3. The total dollar amount of proffered cash payments expended by the locality, and the aggregate dollar amount expended in each of the following categories
Schools $________
Road and other Transportation Improvements $________
Fire and Rescue/Public Safety $________
Libraries $________
Parks, Recreation, and Open Space $________
Water and Sewer Service Extension $________
Community Centers $________
Stormwater Management $________
Special Needs Housing $________
Affordable Housing $________
Miscellaneous $________
Total dollar amount expended $________
DE. The governing body of any locality with a
population in excess of 3,500 persons eligible to accept any proffered cash payments
pursuant to §§ 15.2-2298, 15.2-2303 or § 15.2-2303.1 but that did
not accept any proffered cash payments during the preceding fiscal year shall
within three months of the close of each fiscal year, beginning in 2001 and for
each fiscal year thereafter, so notify the Commission on Local Government.
E. The Commission on Local Government shall, by November
30, 2001, prepare and make available to the public and the chairmen of the
Senate Local Government Committee and the House Counties, Cities and Towns Committee
a report containing the information made available to it pursuant to
subsections A and B.
F. The Commission on Local Government shall by
November 30, 2001, and by November 30 of each fiscal year thereafter, prepare
and make available to the public and the chairmen of the Senate Local
Government Committee and the House Counties, Cities and Towns Committee an
annual report containing the information made available to it pursuant to
subsections C and D and E.