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2007 SESSION

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SB 838 Land use proceedings; disclosures therein.

Introduced by: Jeannemarie D. Davis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Disclosures in land use proceedings.  Requires each individual member of the governing body, the planning commission, and the board of zoning appeals in any proceeding before each such body involving an application for the amendment of a comprehensive plan requested by the owner or contract purchaser of land for which the amendment is requested to make a full public disclosure of certain business or financial relationships that such member has or has had within the 12-month period prior to such hearing.  The foregoing measure only applies to counties with the urban county executive form of government.  In addition, current law provides that a zoning ordinance may provide that petitions brought by property owners, contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property.  This bill eliminates contract purchasers, agents of contract purchasers, and agents of property owners from the category of persons to which the foregoing measure applies.

SUMMARY AS PASSED SENATE:

Disclosures in land use proceedings.  Requires each individual member of the governing body, the planning commission, and the board of zoning appeals in any proceeding before each such body involving an application for the amendment of a comprehensive plan requested by the owner or contract purchaser of land for which the amendment is requested to make a full public disclosure of certain business or financial relationships that such member has or has had within the 12-month period prior to such hearing. The foregoing measure only applies to counties with the urban county executive form of government (Fairfax County). The bill also provides that a zoning ordinance may provide that applications requesting an amendment to the comprehensive plan, zoning ordinance or map, special use permit or conditional use permit brought by property owners, or contract purchasers concerning property that they own or of which they are contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the planning commission or governing body has any such interest.

SUMMARY AS INTRODUCED:

Disclosures in land use proceedings.  Requires each individual member of the governing body, 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, which does not constitute the adoption of a comprehensive zoning plan or ordinance applicable throughout the locality, to make a full public disclosure of certain business or financial relationships that such member has or has had within the 12-month period prior to such hearing. Also, each individual member of the governing body in any proceeding involving a proposed amendment to the comprehensive plan shall, at or before any such proceeding, make a full public disclosure of certain business or financial relationships that such member has or has had since the local planning commission commenced preparation of such proposed amendment to the comprehensive plan. Any person knowingly and willfully violating the provisions of this section shall be guilty of a Class 1 misdemeanor.