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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: William M. Stanley, Jr.
Clerk: Chad Starzer
Staff: David Barry, Jeff Sharp
Date of Meeting: February 6, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building
Patron: Stuart
Impact fees for residential development. Repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by-right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses.
A BILL to repeal § 15.2-2328 of the Code of Virginia, relating to impact fees for residential development.18100268D
Patron: McClellan
Affordable dwelling unit ordinances. Expands from specific localities to any locality the scope of existing enabling legislation related to affordable dwelling unit ordinances, making such legislation applicable statewide. Other existing statewide provisions related to affordable dwelling unit ordinances are repealed and references to those provisions are deleted.
A BILL to amend and reenact §§ 2.2-3705.7, 15.2-2304, and 55-58.3 of the Code of Virginia and to repeal § 15.2-2305 of the Code of Virginia, relating to affordable dwelling unit ordinances.18101959D
Patron: McClellan
Charter; City of Richmond; office of the inspector general; city auditor. Creates an office of the inspector general for the City of Richmond. The inspector general shall be appointed by the council, and the duties of the inspector general shall be to conduct such investigations as are authorized by the Code of Virginia for a local government auditor. The bill authorizes the inspector general, in the conduct of such investigation, to order the attendance of any person as a witness and the production by any person of all relevant books and papers. The bill also authorizes the city auditor to appoint such accountants and other assistants for the performance of the duties of the city auditor's office as the council may provide for and sets out the duty of the city auditor to examine and audit all accounts, books, records, and financial transactions of the city, and of any department, board, commission, office, or agency thereof, including all trust funds, special funds, and other funds.
A BILL to amend and reenact § 4.16, as amended, and § 4.18 of Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, and to amend Chapter 116 of the Acts of Assembly of 1948 by adding a section numbered 4.19, relating to establishing the office of the inspector general; city auditor.18101203D
Patron: Lewis
Hampton Roads Coastal Resiliency Authority. Creates the Hampton Roads Coastal Resiliency Authority (Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The Authority shall consist of all localities that make up the membership of the Hampton Roads Planning District Commission and is created for the purpose of serving as a regional leader, resource, and partner for all issues related to coastal flooding and resiliency.
A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 59.2, consisting of sections numbered 15.2-5928 through 15.2-5933, relating to Hampton Roads Coastal Resiliency Authority.18102802D
Patron: Peake
Conditional proffers; public facility capacity; previously approved residential developments. Authorizes a locality to base its assessment of a public facility's capacity on the projected impacts specifically attributable to previously approved residential developments, or portions thereof, that have not yet been completed when determining whether a proffer is unreasonable. The bill also removes language prohibiting a locality from accepting any unreasonable proffer; language prohibiting a locality from requesting any unreasonable proffer is retained.
A BILL to amend and reenact § 15.2-2303.4 of the Code of Virginia, relating to conditional proffers; public facility capacity; previously approved residential developments.18104595D
Patron: Reeves
Conditional zoning. Removes restrictions on the types of proffers a locality may request or accept in connection with a rezoning or proffer condition amendment as a condition of approval of a new residential development or residential use. The bill removes a restriction on denying an application on the basis of a failure or refusal to submit an unreasonable proffer or proffer condition amendment. The bill also removes a requirement that a proffer be made only when the new development will create a need in excess of the existing public facility capacity.
The bill removes the requirement that a court hearing the appeal of a rezoning or amendment to an existing proffer action presume, absent clear and convincing evidence to the contrary, that the initial refusal or failure to submit an unreasonable proffer was the controlling basis for the denial of the application when the applicant can show by a preponderance of the evidence that it refused or failed to submit an unreasonable proffer. The bill removes the right of an applicant appealing a rezoning or amendment to an existing proffer action to recover reasonable attorney fees and costs. The bill removes a requirement that a reviewing court remand the action with a direction to approve the rezoning or proffer condition amendment.
The bill eliminates an exception to proffer restrictions for a new residential development or residential use in a small area comprehensive plan.
A BILL to amend and reenact § 15.2-2303.4 of the Code of Virginia, relating to conditional zoning.18100807D
Patron: Obenshain
Statewide Fire Prevention Code; City of Harrisonburg; installation or use of landscape cover materials. Provides that notwithstanding any provision of law, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Harrisonburg shall not include in any local fire prevention regulations that an owner of real property who has an occupancy permit issued by the City (i) use certain landscape cover materials, (ii) not use certain landscape cover materials, (iii) retrofit existing landscape cover materials, or (iv) in any way be prohibited from continuing to use, supplement, or refurbish the existing landscape cover materials at such property.
A BILL to address local ordinances concerning the installation or use of landscape cover materials.18102368D
Patron: Deeds
Local tourism board; membership; member of a governing body of a locality. Authorizes a member of a governing body of a locality to be elected or appointed by that governing body to be a member of a local convention, visitors, or tourism board, authority, or agency.
A BILL to amend and reenact § 15.2-1535 of the Code of Virginia, relating to local tourism board; membership; member of a governing body of a locality.18101222D
Patron: Deeds
Special fee to fund emergency services; Highland County. Authorizes Highland County to adopt an ordinance, after holding a public hearing, imposing a fee to fund the provision of emergency medical services in the county.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-922.2, relating to special fee to fund emergency services; Highland County.18102255D
Patron: Deeds
Charter; Town of Iron Gate. Amends provisions related to the time of council elections to reflect the town council's recent transition to November elections and updates provisions related to the filling of vacancies.
A BILL to amend and reenact § 1, as amended, of Chapter III and § 3 of Chapter III of Chapter 99 of the Acts of Assembly of 1940, which provided a charter for the Town of Iron Gate, relating to town elections.18102259D
Patron: Deeds
Removal of snow and ice; county executive form of government. Authorizes any county outside Planning District 8 that has adopted the county executive form of government (Albemarle County), to provide by ordinance reasonable criteria and requirements for the removal of accumulations of snow and ice from public sidewalks by the owner or other person in charge of any occupied property. Currently, only counties within Northern Virginia Planning District 8 may adopt such an ordinance.
A BILL to amend and reenact § 15.2-2025 of the Code of Virginia, relating to removal of snow and ice; county executive form of government.18103075D
Patron: Sturtevant
Charter; City of Richmond; equal educational opportunities; school infrastructure. Requires the mayor of the City of Richmond to present to the city council not later than January 1, 2019, a fully funded plan to modernize the city's K-12 educational infrastructure consistent with national standards or inform city council that such a plan is not feasible. The bill prohibits basing the fully funded plan on the passage of new or increased taxes for that purpose.
A BILL to amend Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, by adding a section numbered 6.15:3, relating to equal educational opportunities; school infrastructure.18100974D
Patron: Sturtevant
Localities and school divisions; posting of register of funds expended. Requires every locality with a population greater than 25,000 and each school division with greater than 5,000 students to post quarterly on the public government website of such locality or school division a register of all funds expended, showing vendor name, date of payment, amount, and a description of the type of expense, including credit card purchases with the same information. The bill allows any locality or school division to exclude from such posting any information that is exempt from mandatory disclosure under the Virginia Freedom of Information Act, any personal identifying information related to a court-ordered payment, and any information related to undercover law-enforcement officers. The bill has a delayed effective date of July 1, 2019.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2510.1, relating to localities and school divisions; posting of register of funds expended.18104562D
Patron: Edwards
New River Valley Emergency Communications Regional Authority; annual budget contribution. Changes from one-quarter of the annual budget to a proportionate contribution amount from each participating political subdivision the required contribution to the operating and capital budget of the New River Valley Emergency Communications Regional Authority (the Authority). The bill requires the Board of the Authority to develop and submit for approval a formula to allocate a proportionate contribution for each participating political subdivision on or before February 1, 2019. The bill requires that the participating political subdivisions unanimously approve the formula before it is used to calculate each participating political subdivision's required contribution. If the formula is not unanimously approved, each participating political subdivision's contribution remains a one-quarter share of the annual budget.
A BILL to amend and reenact §§ 3, 20, 28, and 29 of Chapter 638 of the Acts of Assembly of 2010, relating to New River Valley Emergency Communications Regional Authority; annual budget contribution.18104348D
Patron: Favola
Turns in certain residential areas; resident stickers. Allows counties by ordinance to develop a program to issue permits to residents of a designated area that will allow such residents to make turns into or out of the neighborhood during certain times of the day where such turns would otherwise be restricted.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2022.1, relating to turns in certain residential areas; resident stickers.18104060D
Patron: Stuart
Cash proffers; impact fees. Removes various provisions granting localities authority to accept cash proffers as part of the conditional rezoning process. The bill repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by-right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses.
A BILL to amend and reenact §§ 15.2-2298, 15.2-2303, and 15.2-2303.1:1 of the Code of Virginia and to repeal §§ 15.2-2328 and 15.2-2303.3 of the Code of Virginia, relating to cash proffers; impact fees.18104301D
Patron: Black
Exemption from certain conditional rezoning proffer requirements. Provides that certain provisions enacted in 2016 related to conditional rezoning proffers shall not apply to any county that operates under the county executive form of government that adjoins a county that operates under the urban county executive form of government (Prince William County) or to any city adjoining a county that operates under the urban county executive form of government (Cities of Alexandria, Fairfax, and Falls Church) if such locality enacts an ordinance to provide that such provisions shall not apply.
A BILL to provide an exemption from certain conditional rezoning proffer requirements for certain localities.18104127D
Patron: Obenshain
Vested rights; existing landscape cover. Prohibits an owner of real property who has an occupancy permit as of January 1, 2018, from being required to retrofit existing landscape cover materials, or from continuing to use, supplement, or refurbish existing landscape cover materials on their property.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2307, relating to vested rights.18105703D
Patron: Reeves
Local planning commissions; proposed plats. Reduces from 60 days to 45 days the time within which a local planning commission shall act on a proposed plat, site plan, or plan of development after it has been officially submitted for approval. The bill prohibits a local planning commission from delaying the official submission of any proposed plat, site plan, or plan of development by requiring presubmission conferences, meetings, or reviews. The bill also reduces from 45 days to 30 days of receipt of the plat the time within which any state agency or public authority making a review of a plat shall complete its review upon first submission or for any proposed plat that has previously been disapproved. The bill eliminates exemptions (i) for deficiencies caused by changes, errors, or omissions occurring in the applicant's plat, site plan, or plan of development filings after the initial submission of such plat, site plan, or plan of development and (ii) from the review and approval of construction plans.
A BILL to amend and reenact § 15.2-2259 of the Code of Virginia, relating to local planning commissions; proposed plats.18105308D