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2006 SPECIAL SESSION I

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068999396
HOUSE BILL NO. 5023 Offered June 28, 2006 A BILL to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:16, relating to assessment, imposition, and collection of impact fees by localities; deposit of fees into Transportation Trust Fund; use of fee proceeds in funding of highway maintenance costs. ---------- Patrons-- Marshall, R.G. and Frederick ---------- 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 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:16 as follows:

§ 33.1-223.2:16. Collection of impact fees by localities; deposit into Transportation Trust Fund.

Notwithstanding any provision of § 15.2-2317 or any other provision of this title, the governing body of any county, city, or town may assess, impose, and collect impact fees on any new development or developments involving the construction, reconstruction, or improvement of any primary or secondary highway within that locality. The amount of any such fees shall be as established by ordinance by the local governing body.

All fees assessed, imposed, and collected as provided in the foregoing provisions of this section shall be deposited into the Transportation Trust Fund and held as a separate subaccount for each locality assessing, imposing, and collecting the fees and used by the Commonwealth Transportation Board to cover the costs of primary and secondary highway maintenance and construction within the boundaries of that county, city, or town.

For the purposes of this section, "maintenance and construction" shall not include snow and ice removal.

For the purposes of this section, "impact fee" means a charge or assessment imposed against any new development in order to generate revenue to fund or recover the costs of primary and secondary highway maintenance and construction.