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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-852 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-852. Disclosures in land use proceedings.
A. Each individual member of the board of supervisors, the
planning commission, and the board of zoning appeals in any proceeding before
each such body involving an application for a special exception or variance or
involving an application for amendment of a zoning ordinance map, which
does not constitute the adoption of a comprehensive zoning plan or,
an ordinance applicable throughout the county, or an application filed
by the board of supervisors that involves more than 10 parcels that are owned
by different individuals, trusts, corporations, or other entities, shall,
prior to any hearing on the matter or at such hearing, make a full public
disclosure of any business or financial relationship which such member has, or
has had within the 12-month period prior to such hearing, (i) with the
applicant in such case, or (ii) with the title owner, contract purchaser or
lessee of the land that is the subject of the application, or (iii) if any of
the foregoing is a trustee (other than a trustee under a corporate mortgage or
deed of trust securing one or more issues of corporate mortgage bonds), with
any trust beneficiary having an interest in such land, or (iv) with the agent,
attorney or real estate broker of any of the foregoing. For the purpose of this
subsection, "business or financial relationship" means any
relationship (other than any ordinary customer or depositor relationship with a
retail establishment, public utility or bank) such member, or any member of the
member's immediate household, either directly or by way of a partnership in
which any of them is a partner, employee, agent or attorney, or through a
partner of any of them, or through a corporation in which any of them is an
officer, director, employee, agent or attorney or holds 10 percent or more of
the outstanding bonds or shares of stock of a particular class, has, or has had
within the 12-month period prior to such hearing, with the applicant in the
case, or with the title owner, contract purchaser or lessee of the subject
land, or with any of the other persons above specified. For the purpose of this
subsection "business or financial relationship" also means the
receipt by the member, or by any person, firm, corporation or committee in his
behalf from the applicant in the case or from the title owner, contract
purchaser or lessee of the subject land, or from any of the other persons above
specified, during the 12-month period prior to the hearing in such case, of any
gift or donation having a value of more than $100, singularly or in the
aggregate.
If at the time of the hearing in any such case such member has a business or financial interest with the applicant in the case or with the title owner, contract purchaser or lessee of the subject land or with any of the other persons above specified involving the relationship of employee-employer, agent-principal, or attorney-client, that member shall, prior to any hearing on the matter or at such hearing, make a full public disclosure of such relationship and shall be ineligible to vote or participate in any way in such case or in any hearing thereon.
B. In any case described in subsection A pending before the board of supervisors, planning commission or board of zoning appeals, the applicant in the case shall, prior to any hearing on the matter, file with the board or commission a statement in writing and under oath identifying by name and last known address each person, corporation, partnership or other association specified in the first paragraph of subsection A. The requirements of this section shall be applicable only with respect to those so identified.
C. Any person knowingly and willfully violating the provisions of this section shall be guilty of a Class 1 misdemeanor.