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2020 SPECIAL SESSION I

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20200318D
SENATE BILL NO. 5044 Offered August 18, 2020 Prefiled August 15, 2020 A BILL to amend and reenact § 15.2-2209.1 of the Code of Virginia and the third enactment of Chapter 193 of the Acts of Assembly of 2009, as amended by Chapter 508 of the Acts of Assembly of 2012, Chapter 509 of the Acts of Assembly of 2013, and Chapter 660 of the Acts of Assembly of 2017, relating to extension of certain local approvals. ---------- Patron-- Deeds ---------- Referred to Committee on Local Government ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-2209.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2209.1. Extension of approvals to address housing crisis.

A. Notwithstanding the time limits for validity set out in § 15.2-2260 or 15.2-2261, or the provisions of subsection F of § 15.2-2260, any subdivision plat valid under § 15.2-2260 and outstanding as of January 1, 2017 July 1, 2020, and any recorded plat or final site plan valid under § 15.2-2261 and outstanding as of January 1, 2017 July 1, 2020, shall remain valid until July 1, 2020 2022, or such later date provided for by the terms of the locality's approval, local ordinance, resolution, or regulation, or for a longer period as agreed to by the locality. Any other plan or permit associated with such plat or site plan extended by this subsection shall likewise be extended for the same time period.

B. Notwithstanding any other provision of this chapter, for any valid special exception, special use permit, or conditional use permit outstanding as of January 1, 2017 July 1, 2020, and related to new residential or commercial development, any deadline in the exception permit, or in the local zoning ordinance that requires the landowner or developer to commence the project or to incur significant expenses related to improvements for the project within a certain time, shall be extended until July 1, 2020 2022, or longer as agreed to by the locality. The provisions of this subsection shall not apply to any requirement that a use authorized pursuant to a special exception, special use permit, conditional use permit, or other agreement or zoning action be terminated or ended by a certain date or within a set number of years.

C. Notwithstanding any other provision of this chapter, for any rezoning action approved pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303, valid and outstanding as of January 1, 2017 July 1, 2020, and related to new residential or commercial development, any proffered condition that requires the landowner or developer to incur significant expenses upon an event related to a stage or level of development shall be extended until July 1, 2020 2022, or longer as agreed to by the locality. However, the extensions in this subsection shall not apply (i) to land or right-of-way dedications pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303,; (ii) when completion of the event related to the stage or level of development has occurred,; or (iii) to events required to occur on a specified date certain or within a specified time period. Any proffered condition included in a special exception, special use permit, or conditional use permit shall only be extended if it satisfies the provisions of this subsection.

D. The extension of validity provided in subsection A and the extension of certain deadlines as provided in subsection B shall not be effective unless any unreleased performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force; however, if the locality has enacted a bonding moratorium or deferral option, the performance bonds and agreements or other financial guarantees of completion may be waived or modified by the locality, in which case the extension of validity provided in subsection A and the extension of certain deadlines provided in subsection B shall apply. The landowner or developer must comply with the terms of any bonding moratorium or deferral agreement with the locality in order for the extensions referred to in this subsection to be effective.

2. That the third enactment of Chapter 193 of the Acts of Assembly of 2009, as amended by Chapter 508 of the Acts of Assembly of 2012, Chapter 509 of the Acts of Assembly of 2013, and Chapter 660 of the Acts of Assembly of 2017, is amended and reenacted as follows:

3. That extensions of validity effective pursuant to § 15.2-2209.1 of the Code of Virginia as of June 30, 2017 July 1, 2020, shall continue to be valid pursuant to this act until the extension date provided in this act § 15.2-2209.1 of the Code of Virginia.