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2007 SESSION
078562306Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2286.1 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2286.1. (Effective July 1, 2007) Provisions for clustering of single-family dwellings so as to preserve open space.
A. The provisions of this section shall apply to
any county or city that had a population growth rate of 10% or more from the
next-to-latest to latest decennial census year, based on population reported by
the United States Bureau of the Census. However, the requirements of this
section shall not apply to any such county or city that has a population
density of more than 2,000 people per square mile, according to the most recent
report of the United States Bureau of the Census.
BA. Any such
locality shall may
provide in its zoning or subdivision ordinances, applicable to a minimum of 40% of the unimproved land contained in residential
and agricultural zoning district classifications, standards, conditions,
and criteria for the clustering of single-family dwellings and the preservation
of open space developments. In establishing such standards, conditions, and
criteria, the governing body may, in its discretion, include any provisions it
determines appropriate to ensure quality development, preservation of open
space, and compliance with its comprehensive plan and land use ordinances. The
density calculation of the cluster development shall be based upon the same
criteria for the property as would otherwise be permitted by applicable land
use ordinances. As a locality provides for the clustering of single-family
dwellings and the preservation of open space developments, it may vary
provisions for such developments for each different residential zoning
classification within the locality. For purposes of this
section, "unimproved land" shall not include land owned or controlled
by the locality, the Commonwealth or the federal government, or any
instrumentality thereof or land subject to a conservation easement.
If proposals for the clustering of single-family dwellings and the preservation of open space developments comply with the locality's adopted standards, conditions, and criteria, the development and open space preservation shall be permitted by right under the local subdivision ordinance. The implementation and approval of the cluster development and open space preservation shall be done administratively by the locality's staff and without a public hearing. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for such developments. However, any such ordinance may exempt (i) developments of two acres or less and (ii) property located in an Air Installation Compatible Use Zone from the provisions of this subdivision.
CB.
Additionally, a locality may, at its option, provide for the clustering of
single-family dwellings and the preservation of open space at a density
calculation greater than the density permitted in the applicable land use
ordinance. To implement and approve such increased density development, the
locality may, at its option, (i) establish and provide, in its zoning or
subdivision ordinances, standards, conditions, and criteria for such
development, and if the proposed development complies with those standards,
conditions, and criteria, it shall be permitted by right and approved
administratively by the locality's staff in the same manner provided in
subsection A, or (ii) approve the increased density development upon approval
of a special exception, special use permit, conditional use permit, or
rezoning.
DC.
Notwithstanding any of the requirements of this section to the contrary, any
local government land use ordinance in effect as of June 1, 2004, that provides
for the clustering of single-family dwellings and preservation of open space
development by right in at least one residential zoning classification without
requiring either a special exception, special use permit, conditional use
permit, or other discretionary approval may remain in effect at the option of
the locality and will be deemed to be in compliance with this section. Any
other locality may adopt provisions for the clustering of single-family
dwellings, following the procedures set out in this section, in its discretion.