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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Chairman: L. Louise Lucas
Clerk: Patty Lung, Charles Shotton
Staff: Rebecca Young, Jeffrey Sharp
Date of Meeting: January 18, 2011
Time and Place: 2:00 p.m. Senate Room B
Patron: Reynolds
Pneumatic gun regulations; exceptions. Requires that any ordinance which prohibits the shooting of pneumatic guns in certain areas shall have, among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
Patron: Locke
Aircraft noise attenuation features. Allows any locality, or adjacent locality, which has not only a United States Master Jet Base but also a licensed airport or United States government or military air facility to adopt and enforce building regulations relating to the provision or installation of acoustical treatment measures applicable to buildings and structures, or portions thereof, in Assembly, Business, Educational, Institutional, and Mercantile groups, as defined in the International Building Code. This legislation is a recommendation of the Hampton Roads Joint Land Use Study.
Patron: Lucas
Jail processing fee. Allows any sheriff's department, regional jail, or police department that is performing jail processing activities to receive the $25 processing fee that is collected by the clerk following conviction as part of the court costs to defray costs of processing arrested persons into local jails. Currently, the fee may go only to sheriff's offices and regional jails, but in some localities the local police department, rather than the sheriff's office, is processing arrested individuals into jail.
Patron: Watkins
Zoning; clustering. Requires that the comprehensive plan shall provide for clustering of single-family dwellings. Also, no clustering ordinance shall (i) prohibit extension of groundwater source systems to adjacent subdivisions; (ii) require permanent conservation areas; (iii) require such conservation areas to be excluded from the calculation of density in a cluster subdivision or exclude land in such conservation areas because of prior land disturbing activities; (iv) prohibit roads, parking areas, or stormwater management areas in such conservation areas; (v) require that lots shall directly abut the open space or a developed pathway providing direct access to such open space; (vi) require that dedications of conservation areas be contingent upon the locality approving who will own and maintain the conservation area; or (vii) require minimums for acreage and density, or other such zoning provisions that effectively frustrate the use of cluster zoning.
Patron: McEachin
City of Richmond; funding for community revitalization activities. Allows the City of Richmond to establish an enhanced building rehabilitation process using a newly created community revitalization fund for derelict residential property to combat blight, crime, and neighborhood decay.
Patron: Petersen
Lien for water and sewer charges and taxes imposed by localities. Expands the authority localities have to impose liens against real estate served by the locality's waterline or sewer for unpaid taxes and charges. This legislation grants localities the same authority water and sewer authorities have in placing liens against owners, lessees or tenants of property and ranks the lien on a parity with liens for unpaid real estate taxes.
Patron: Petersen
Charter; City of Fairfax. Amends the charter for the City of Fairfax by removing the limitation on the amount the city may charge for transient occupancy tax and changing the date of the first meeting of the newly elected City Council members from the first Tuesday of July following their election to the second Tuesday of July following their election or at the first scheduled regular or special meeting of the City Council in July, whichever occurs first. Additionally, the charter is amended so that revenue bonds may be issued by the City without holding a bond referendum, as the charter currently requires.
Patron: Stuart
Urban Development Areas. Makes several changes to the urban development area legislation. Developable acreage is redefined to exclude (i) parks, rights-of-way of arterial and collector streets, railways, and resource protection areas, and wetlands; (ii) land used by public utilities solely for utility services; (iii) public lands and facilities; (iv) land within a five-mile radius of a military base over which the United States enjoys exclusive federal jurisdiction; and (v) land designated by a branch of the armed forces of the United States as its overfly zone. The legislation also permits light industrial use within urban development areas and specifies that the governing body's authority to accept proffered conditions is not impaired by anything in this legislation. Localities required to amend their comprehensive plan in accordance with this legislation are given an additional year to do so.
Patron: Stuart
Subdivision of a lot held in trust for conveyance to a family member. Authorizes localities to provide for subdivision of a lot for conveyance to a family member if the land is held in trust. All trust beneficiaries must be immediate family members and must agree that the property should be subdivided. Additionally, all beneficiaries must agree to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. A locality may provide exceptions to this 15-year time period but must execute a writing reflecting such modification.
Patron: Stuart
George Washington Toll Road Authority. Adds Stafford County as a participating locality.
Patron: Reynolds
Charter; City of Martinsville. Amends the charter of the City of Martinsville to change the date of the council member elections to the general election date in November. The measure also provides that three council members shall be elected on the November 2012 general election date and every four years thereafter, and the two other council members shall be elected on the November 2013 general election date and every four years thereafter. The terms of office of the council members begin in the January after their election, instead of the July after their election.
Patron: Miller, Y.B.
Photo-monitoring systems. Repeals the requirement that localities submit the list of intersections approved for installation of photo-monitoring systems to the Virginia Department of Transportation for final approval if the locality has a population of 200,000 or more.
Patron: Deeds
Charter; City of Alleghany Highlands. Provides a new charter for the City of Alleghany Highlands, the city created by the consolidation of Alleghany County and the City of Covington.
Patron: Deeds
Annexations by townships. Amends the law to allow townships to use the traditional annexation process to seek to expand their boundaries as long as the consolidation agreement includes a provision allowing the exercise of that power. Only townships created as a result of a consolidation occurring subsequent to July 1, 2011, are authorized to use this annexation process.
Patron: Deeds
Allocation of deputies to cities. Authorizes the State Compensation Board to allocate law-enforcement deputies to a city sheriff in cities without a police force if the city was created by the consolidation of a city and a county subsequent to July 1, 2011.
Patron: Herring
Town and county treasurer reciprocal agreements. Allows the Loudoun County treasurer and the treasurers of the towns within Loudoun County to enter into a reciprocal agreement granting each treasurer the authority to collect the other's local real and personal property taxes. The governing body of each locality must approve of the agreements.
Patron: Herring
Local grievance procedures. Allows the local government at its option to permit an observer for each party at the informal first step of the grievance process. The grievant and the local government at their option may also have an observer of their choice at each subsequent step of the process. These persons may observe only and may not participate, interrupt, or act as either party's representative until the final management step, unless otherwise permitted by the locality.
Patron: Stuart
Cash proffers; acceptance by localities. Allows localities to delay collection or acceptance of a cash proffer until the completion of the final inspection of the subject property and prior to the time of the issuance of any certificate of occupancy. Currently, localities are required to delay collection or acceptance until such time.
Patron: Stuart
Street construction. Allows localities to withhold occupancy permits and retain full performance guarantees until streets in a new development are accepted by the state agency, local government department or agency, or other public authority that is responsible for maintaining and operating such public facility. The bill further permits localities to withhold acceptance of securities or plat approvals if the developer or any partners are in default of street completions in another development in the locality.
Patron: Edwards
Charter; Town of Narrows. Amends the charter for the Town of Narrows to change elections for mayor and town council members from May to the November general election date.
Patron: Hanger
Charter; Town of Dayton. Amends the charter for the town of Dayton so that, effective January 1, 2013, the town council will consist of six members and a mayor, rather than seven members and a mayor.
Patrons: Herring, McEachin
Local government; establishment and administration of personnel system. Authorizes a locality to establish a personnel system for local administrative officials and employees based on merit and professional ability. The bill also authorizes a locality to include in any group life, accident and health insurance program an extension of coverage to any person to whom coverage could be extended pursuant to § 38.2-3525 of the Code of Virginia.
Patron: Quayle
Charter; City of Hopewell. Amends the charter to change election day for city council members from May to November, beginning in November 2012, and to extend the terms of the council's president and vice-president from June 30, 2012, to December 31, 2012. Additionally, the office of the city attorney is further defined to allow the city attorney to serve as chief legal advisor to the council and to the chief administrative officer. The city attorney also is given the power to appoint and remove employees authorized by the council and assistants.
Patron: Quayle
Mandatory connection to water and sewer systems. Provides that an authority may require adjacent property owners to connect their buildings to the authority's system upon or after the acquisition or construction of the water or sewer system. Currently, the law requires connection to be made upon the acquisition or construction of the water or sewer system.
Patron: Norment
Charter; City of Williamsburg. Amends the charter for the City of Williamsburg so that vacancies in the city council are filled pursuant to Virginia Code. Vacancies may first be appointed by the remaining council members if a vacancy in the council occurs and then by the voters in a special election.
Patron: Obenshain
Cash proffers; court costs. Allows for an award of fees, expenses, and court costs to any party who prevails when contesting an action in conflict with the provisions of § 15.2-2303.1:1. The sunset provision on this legislation is extended from July 1, 2014, to July 1, 2015.
Patron: Obenshain
Traffic impact analysis. Removes the requirement that a supplemental traffic analysis accompany a plat or plan submitted to the Department of Transportation by a locality because the plat or plan substantially affects transportation on state-controlled highways if such plat or plan is permissible by right under the local zoning ordinance. However, if a supplemental traffic analysis is required by a local ordinance, that requirement must be met.
Patron: Smith
Delinquent sewer and water fees and charges; notice. Requires that property owners be given notice within seven days of any delinquent sewer and water bills accrued by their tenants.
Patron: Barker
Local rezoning actions. Provides for more limited review by VDOT when a property being considered for rezoning has already been subject to a VDOT review in connection with development of a local comprehensive plan.
Patron: Deeds
Lien for water and sewer charges. Adds the Town of Clifton Forge to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property.
Patron: Deeds
Public infrastructure maintenance bonds. Allows localities to require public infrastructure maintenance bonds from developers and property owners in conjunction with the construction of single- and two-family homes in instances where the provisions of a subdivision ordinance are not applicable. Such maintenance bonds shall not exceed an amount reasonable necessary to maintain and repair publicly owned streets, sidewalks and infrastructure on site or immediately adjacent to the construction and shall not exceed a maximum of $5,000. The ordinance shall make provision for the inspection of bonded improvements within five business days of completion and release of any performance guarantee within five business days of such inspection.
Patron: Vogel
Authorities for Development of Former Federal Areas; dissolution. Allows authorities created by proclamation of the Governor for the development of former federal areas to be dissolved not only upon resolution of the governing body of each locality within the area of operation of the authority but also upon determination by the Governor that the dissolution is appropriate.
Patron: Ruff
Special meeting notification. Allows a member of a local governing body to be notified of special meetings via electronic mail or facsimile, in lieu of in writing delivered to his home or business, if he so requests.
Patron: McEachin
Repair of derelict buildings; authority of locality to appoint receivers. Allows any locality that has adopted an ordinance pursuant to § 15.2-907.1 to petition the circuit court for the appointment of a receiver to repair a residential building that has been declared a derelict building. The appointed receiver shall have the right of possession of the property and shall have the authority to contract for necessary labor and supplies, borrow money for repair, manage the property after repair, and enforce the receiver’s lien or accept a deed in lieu of any enforcement action. The owner of any property subject to receivership may redeem it at any time by paying the receiver’s lien in full and any accumulated taxes, penalties, reasonable attorney fees, interest, and costs thereon. The costs incurred by a court-appointed receiver shall constitute a lien against the property, which may be enforced by a sale of the property at public auction.
Patron: Puller
Urban development areas; population projections. Allows population projections to be based on official government projections required for federal transportation planning purposes.