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1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 36-55.39 of the Code of Virginia is amended and reenacted as follows:
§ 36-55.39. Procedure prior to financing of housing developments undertaken by housing sponsors.
A. Notwithstanding any other provision of this chapter, HDA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of this chapter unless, prior to the financing of any housing development hereunder, the commissioners or the executive director of HDA find:
1. That there exists a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low income or moderate income can afford within the general housing market area to be served by the proposed housing development.
2. That private enterprise and investment have been unable, without assistance, to provide the needed decent, safe and sanitary housing at rentals or prices which persons or families of low and moderate income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families.
3. That the housing sponsor or sponsors undertaking the proposed housing development in the Commonwealth will supply well-planned, well-designed housing for persons or families of low and moderate income and that such sponsors are financially responsible.
4. That the housing development, to be assisted pursuant to the provisions of this chapter, will be of public use and will provide a public benefit.
5. That the housing development will be undertaken within the authority conferred by this chapter upon HDA and the housing sponsor or sponsors.
B. The executive director of HDA shall find, in connection with the
financing of the new construction or substantial rehabilitation of any proposed
multi-family residential housing development, that the governing body of the
locality in which such housing development is to be located has not, within
sixty days after written notification of the proposed financing has been sent
the governing body by HDA, certified to HDA in writing its disapproval of the
proposed multi-family residential housing development. Such certification of
disapproval shall only be issued upon a finding by the local governing body
that the new construction or substantial rehabilitation of the proposed
multi-family residential development is not consistent with current zoning or
other applicable land use regulations. If the governing body of the locality
has certified its disapproval to HDA, the governing body may revoke such
certification of disapproval at any time by written notice to HDA, and upon
receipt of such written notice, the executive director of HDA shall, for the
purpose of making the finding required by this subsection, disregard such
certification of disapproval. Furthermore, no finding need be made under this
subsection if HDA shall have received from the governing body its certified
resolution approving the proposed housing development.
C. Notwithstanding any other provisions of this section, the certification
of disapproval shall not be effective unless written notification of (i) the
staff recommendation is sent to the applicant for the proposed financing on or
before the date on which the staff recommendation is sent to the governing body
or (ii) the governing body's intent to consider such disapproval, where there
is no staff recommendation, is sent to such applicant at lease fifteen calendar
days prior to its decision. Such notice shall be sent to the applicant at the
address specified in HDA's written notification. In the event of a failure to
send the notice required by this subsection, the executive director shall, for
the purposes of making the finding required by subsection B, disregard such
certification of disapproval. The locality, upon written request
from the housing sponsor, shall provide a written staff determination that the
proposed development is consistent with current zoning and other land use
regulations in effect at the time of such request. Failure of the locality to
comply with this subsection within thirty days of the receipt of the written
request from the housing sponsor shall be deemed to be a determination that the
proposed development is consistent with current zoning and other land use
regulations. Prior to financing by the HDA, the housing sponsor shall provide
the HDA with (i) a copy of the written staff determination received from the
locality, (ii) a written certification that the locality failed to respond to
the housing sponsor's request within thirty days as provided herein, or (iii) a
copy of any building permit issued by the locality.