| Bills |
Committee |
Last action |
Date |
|
HB 78 -
Suit - Zoning ordinance; reconstruction/restoration of
involuntarily damaged or destroyed nonconformities. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/08/06 |
|
notes: Permits property
owners to reconstruct or restore involuntarily damaged or destroyed
nonconforming real property to its original, nonconforming
condition. |
|
HB 93 -
Suit - Environmental site assessments; local government to adopt
ordinances requiring. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Bill text as passed House and Senate
reprinted (HB93ER) |
03/10/06 |
|
notes: Clarifies the
authority of local governing bodies to adopt ordinances to require
site assessments and to record notice as a part of a rezoning or
subdivision approval process. The bill also clarifies that the
residential property disclosure statement provided by the owner of
residential real property to a purchaser includes disclosure of
adverse environmental site conditions. |
|
HB 128 -
Cosgrove - Condominium Act; authorizing condominium association
to be applicants in land use matters. |
(H) Committee on Counties, Cities and Towns
(S) Committee on General Laws and Technology |
(G) Approved by Governor-Chapter 9 (effective
7/1/06) |
02/23/06 |
|
notes: Provides that the
declarant is authorized to execute, file, and process any
subdivision, site plan, zoning, or other land use applications or
disclosures related to the condominium during the period that the
condominium is under his control. The bill also provides that once
the condominium is no longer under the control of the declarant, the
authority to execute such land use applications shall belong to the
executive organ of the unit owners' association or a representative
appointed by the unit owners' association. In addition, the bill
clarifies the owner of condominiums for purposes of compliance with
the disclosures in land use proceedings pursuant to § 15.2-852 and
disclosures of real parties in interest pursuant to § 15.2-2289. |
|
HB 141 -
Cole - Impact fees for transportation; authorize Fauquier and
Spotsylvania Counties to impose. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Enrolled |
03/15/06 |
|
notes: Adds Fauquier and
Spotsylvania Counties to those localities authorized to impose
impact fees for transportation. Also, an outdated provision is
deleted. |
|
HB 308 -
Rust - Zoning ordinance; violations thereof, penalty. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/02/06 |
|
notes: Raises the maximum
civil penalty for an initial summons from $100 to $200. The maximum
civil penalty for second and subsequent violations of the zoning
ordinance rises from $250 to $500. Also, a series of specified
violations arising from the same operative set of facts shall not
result in civil penalties that exceed a total of $10,000, rather
than the current total of $5,000. |
|
HB 686 -
Brink - Subdivision ordinances; provisions to allow locality to
construct sidewalk. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/02/06 |
|
notes: Allows localities to
include in their subdivision ordinances provisions requiring the
dedication for public use of a right-of-way for, and the
construction of, a sidewalk on any lot that is adjacent to an
existing or proposed sidewalk. |
|
HB 1073 -
Dudley - Conditional zoning; localities may accept proffered
conditions once public hearing has begun. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Provides that
localities may accept proffered conditions once a public hearing has
begun if the amended proffers do not materially affect the overall
proposal. |
|
HB 1134 -
Cline - Sewage sludge; Bd. of Health to promulgate regulations
establishing fee imposed on permit holders. |
(H) Committee on Agriculture, Chesapeake and
Natural Resources
(S) Committee on Agriculture, Conservation and
Natural Resources |
(S) Signed by President |
03/02/06 |
|
notes: Requires the Board
of Health to promulgate regulations establishing an initial fee of
$5,000 to be imposed upon permit holders and applicants and a fee
not to exceed $1,000 for the reissuance, amendment or modification
of a permit. Fees collected are to be deposited into the Sludge
Management Fund for the administration and management of the
Department of Health's sewage sludge program. Currently, the Board
may adopt regulations requiring permittees to pay a reasonable fee,
not to exceed $2,500, for the processing of the application for a
sewage sludge permit. |
|
HB 1291 -
Saxman - Landmarks, historic; term includes wide range of
resources such as buildings, structures, etc. |
(H) Committee on Agriculture, Chesapeake and
Natural Resources
(S) Committee on Agriculture, Conservation and
Natural Resources |
(G) Approved by Governor-Chapter 32 (effective
7/1/06) |
03/02/06 |
|
notes: Clarifies that
anything listed on the Virginia Landmarks Register is by definition
a landmark. Thus, when used in reference to properties that have
been registered, the term "landmark" includes a wide range of
resources such as historic buildings, structures, objects, sites,
and districts. |
|
HB 1372 -
Hull - Land use; disclosure requirements in proceedings. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Provides an
exception to the disclosure requirements in land use proceedings
where the board of supervisors is the applicant and the application
property involves more than 10 parcels under different ownership.
The bill also clarifies that with respect to amendments of a zoning
ordinance, the disclosure requirements apply only to zoning map
amendments. |
|
HB 1375 -
Hull - Plats; certain preliminary to be forwarded to state
agency for review. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Requires certain
preliminary plats to be forwarded to the appropriate state agency
for review within five days of receipt by the locality. |
|
HB 1435 -
Albo - Farm wineries; local regulation thereof, report. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Enrolled |
03/15/06 |
|
notes: Provides that
production agriculture shall include the activities of a farm winery
licensed in accordance with alcoholic beverage control law,
including the making of wine and the conduct of activities having
the purpose of promoting the sale of Virginia wines, including
without limitation wine tastings, wine tasting lunches and dinners,
musical presentations at which wine is marketed, and similar
agritourism activities whether conducted in the vineyards or on the
grounds of the farm winery, which activities are designed to
increase agricultural sales at the farm winery and increase tourism
in the Commonwealth. The bill provides that farm wineries are
required to comply with any applicable local noise ordinance or
setback requirements. |
|
HB 1454 -
Scott, E.T. - Wetlands and stream restoration; companies to file
erosion & sediment control specifications. |
(H) Committee on Appropriations
(S) Committee on Finance |
(H) Signed by Speaker |
03/10/06 |
|
notes: Allows any person
who has created and operates an approved wetlands mitigation bank in
multiple jurisdictions to annually file erosion and sediment control
specifications for wetlands mitigation projects with the Virginia
Soil and Water Conservation Board. The Board has 60 days to approve
the specifications. If no action is taken within 60 days the
specifications are deemed approved. Projects that are not covered by
general specifications will have to comply with the local erosion
and sediment control program. This bill will not become effective
unless a specific appropriation has been approved in the general
appropriation act to support this activity. |
|
HB 1506
-
Athey - Proffered cash payments; locality may accept conditions
if has had population growth of 5% or more. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Provides that a
locality may accept proffered conditions if such locality has had
population growth of five percent or more from the next-to-latest to
latest decennial census year, based on population reported by the
United States Bureau of the Census. In addition, the bill provides
that a zoning ordinance may include and provide for the voluntary
proffering in writing, by the owner, of reasonable conditions,
including the payment of cash for any off-site road or
transportation improvement that is adopted as an amendment to the
required comprehensive plan and incorporated into the capital
improvements program. The bill further provides that a locality may
utilize any cash payments proffered for any road or transportation
improvement that is incorporated into the capital improvements
program as its matching contribution under the present
revenue-sharing fund program for highway systems in certain
counties. |
|
HB 1513
-
Frederick - Transportation planning; coordination of state and
local. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Provides that prior
to adoption of any comprehensive plan or amendment the locality
shall submit such plan or amendment to the Department of
Transportation for review and comment. The Department shall provide
written comment on the proposed plan or amendment within 45 days of
receipt thereof. Also, upon submission to a locality of an
application for rezoning, the locality shall submit such application
to the Department of Transportation within five days of receipt
thereof. Such application shall include a traffic impact statement
if required by the locality by ordinance. Within 30 days of its
receipt of such application, the Department shall either (i) provide
written comment on the rezoning application, or (ii) schedule a
meeting, to be held within 60 days of its receipt of the
application, with the local planning commission or other agent and
the applicant to discuss potential modifications to the application
to address any concerns or deficiencies. Furthermore, upon
submission to a locality of a subdivision plat or a site plan or
plan of development, the locality shall submit such plat or plan to
the Department of Transportation in accordance with § 15.2-2260
within five days of receipt of the plat or plan. The bill also
provides that a local comprehensive plan may include the designation
of a planned system of new and expanded transportation facilities
including, but not limited to, roads and highways and commuter rail
lines, where appropriate. |
|
HB 1521
-
Marshall, R.G. - Comprehensive plans; road improvements. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Enrolled |
03/15/06 |
|
notes: Requires that the
comprehensive plan shall be general in nature, in that it shall
designate the general or approximate location, character, and extent
of each road and transportation improvement shown on the plan. The
bill also requires that the comprehensive plan include an official
map that shall show road and transportation improvements, including
the cost of such road and transportation improvements, which are
sufficient to meet the current and future needs of residents in the
locality while considering the current and future needs of the
planning district within which the locality is situated. In
addition, the local planning commission shall, in the preparation of
a comprehensive plan, survey and study road and transportation
improvements and the costs thereof. The local planning commission,
in localities where no official map exists or where an existing
official map is incomplete, shall make, or cause to be made, a map
showing the location of every road and transportation improvement
and any cost thereof. |
|
HB 1528
-
Hamilton - Capital improvement programs; includes estimates of
cost of road transportation improvement. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/13/06 |
|
notes: Provides that a
capital improvement program shall include estimates of cost of each
road and transportation improvement adopted as an amendment to a
locality's comprehensive plan. |
|
SB 95 -
Blevins - Cluster development; exempts property located in an
Air Installation Compatible Use Zone. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/08/06 |
|
notes: Exempts property
located in an Air Installation Compatible Use Zone from a
requirement for administrative approval by a locality of certain
types of cluster development. |
|
SB 162 -
Norment - Administrative Process Act; exempts regulations
adopted by Bd. for Housing & Community Development. |
(H) Committee on General Laws
(S) Committee on General Laws and Technology |
(S) Enrolled |
03/15/06 |
|
notes: Exempts from
Administrative Process Act regulations adopted by the Board for
Housing and Community Development pursuant to the (i) Statewide Fire
Prevention Code, (ii) Industrialized Building Safety Law, (iii)
Uniform Statewide Building Code, and (iv) the construction,
maintenance, operation, and inspection of amusement devices,
provided that certain procedural requirements are followed by the
Board. Under the bill, portions of the Act concerning public
petitions and regulatory review of the Governor and General Assembly
remain applicable. |
|
SB 186 -
Martin - Roll-back taxes; local use value assessment ordinances. |
(H) Committee on Finance
(S) Committee on Finance |
(S) Signed by President |
03/02/06 |
|
notes: Provides that, at
the option of the locality, roll-back taxes under local use value
assessment ordinances shall not apply to a subdivision, separation,
or split-off of property which results in parcels that do not meet
minimum acreage requirements, provided that title to the subdivided
parcels is held in the name of an immediate family member for at
least the first 60 months following the subdivision. |
|
SB 224 -
Quayle - Environmental site assessments; localities to adopt
ordinances requiring. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/08/06 |
|
notes: Allows localities to
include in their subdivision or zoning ordinances provisions for
requiring and considering Phase I environmental site assessments
based on the anticipated use of the property proposed for the
subdivision or development and Phase II environmental site
assessments, if the locality deems such to be reasonably necessary,
based on findings in the Phase I assessment. A reasonable fee may be
charged for the review of such environmental assessments. Such
ordinances may also include provisions for requiring disclosure and
remediation of contamination and other adverse environmental
conditions of the property prior to approval of subdivision and
development plans. The bill also provides that the residential
property disclosure statement provided by the owner of residential
real property to a purchaser include disclosure of adverse
environmental site conditions. |
|
SB 358 -
Edwards - Real estate tax; exemption in redevelopment or
conservation areas, etc. |
(H) Committee on Finance
(S) Committee on Finance |
(S) Signed by President |
03/13/06 |
|
notes: Authorizes local
governing bodies to provide for the partial exemption from taxation
of (i) new structures located in redevelopment or conservation areas
or rehabilitation districts or (ii) other improvements to real
estate located in redevelopment or conservation areas or
rehabilitation districts. The partial exemption would be a
percentage of the increase in assessed value as a result of the new
structure or improvement or an amount not to exceed 50 percent of
the construction cost of such structure or improvement. The local
governing body would be allowed to establish criteria for qualifying
real estate including, but not limited to, the minimum square
footage for new structures. |
|
SB 371 -
Saslaw - Subdivision ordinance; optional provisions in Fairfax
County. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Signed by President |
03/08/06 |
|
notes: Provides that if an
owner or developer has not met all previous land development
obligations in accordance with all development agreements with the
locality as determined by the governing body or its designated
administrative agency for the previous seven years, then (i) a
personal, corporate, or property bond may be disallowed by the
governing body as security for such facilities, and in such event,
security for such facilities shall be restricted to a certified
check, cash escrow, or a letter of credit that meets certain
requirements; and (ii) the governing body may require that the
allowance for estimated administrative costs, inflation, and
potential damage to existing roads or utilities be greater than 25%
of the estimated construction costs, but not exceed 50% of the
estimated construction costs. Furthermore, the bill provides that if
the subdivider or developer has not met all previous land
development obligations in accordance with all development
agreements with the locality as determined by the governing body or
its designated administrative agency for the previous seven years
prior to a written request for partial release, the cumulative
amount released may be equal to no less than 80% of the original
amount for which the bond, escrow, letter of credit, or other
performance guarantee was taken. |
|
SB 373 -
Watkins - Development rights; localities provide for transfer
thereof from parcel located in locality. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(S) Enrolled |
03/15/06 |
|
notes: Allows localities to
provide for the transfer of development rights from a parcel of
property located in the locality to another parcel of property
located elsewhere in the locality. |
|
SB 374 -
Watkins - Single-family dwellings; deletes certain optional
provisions regarding clustering thereof. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) VOTE: ADOPTION (63-Y 32-N) |
03/11/06 |
|
notes: Deletes certain
optional provisions regarding the clustering of single-family
housing and reinserts those provisions as mandatory provisions of
zoning or subdivision ordinances for counties and cities that had a
population growth rate of 10% or more from the next-to-latest to
latest decennial census year. Such localities shall provide in their
zoning or subdivision ordinances, applicable to a minimum of 40% of
the unimproved land contained in residential and agricultural zoning
district classifications, standards, conditions, and criteria for
the clustering of single-family dwellings and the preservation of
open space developments. In establishing such standards, conditions,
and criteria, the localities may include any provisions they
determine appropriate to ensure quality development, preservation of
open space, and compliance with their comprehensive plan and land
use ordinances. |
|
SB 412 -
Houck - Intermodal Office; specific functions and goals in the
Office of Secretary of Transportation. |
(H) Committee on Transportation
(S) Committee on General Laws and Technology |
(S) Signed by President |
03/08/06 |
|
notes: Provides more
specific functions and goals for the Intermodal Office in the Office
of the Secretary of Transportation. |
|
SB 666 -
Saslaw - Public-Private Transportation Act; allocation of
concession payments. |
(H) Committee on Transportation
(S) Committee for Courts of Justice |
(S) Bill text as passed Senate and House
(SB666ER) |
03/15/06 |
|
notes: Provides that a
qualifying transportation facility, title or easement to which is
held by the Commonwealth or any agency or authority thereof and the
rights to develop or operate which have been granted to a private
entity through a concession, shall be subject to the provisions of
Title 15.2 in the same manner as a facility of the Commonwealth,
except that the private entity shall comply with the certain
provisions relating to the affected jurisdiction's comprehensive
plan. |
|
SB 681 -
Colgan - Cash proffers; road improvements. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Signed by Speaker |
03/10/06 |
|
notes: Provides that a
locality may negotiate and award a contract without competition to
an entity that is constructing road improvements pursuant to a
proffered zoning condition in order to expand the scope of the road
improvements by utilizing cash proffers of others or other available
locally generated funds. The bill additionally provides that the
locality shall adopt a resolution stating the basis for awarding the
construction contract to extend the scope of the road improvements.
Furthermore, all road improvements to be included in the state
primary or secondary system of highways must conform to VDOT
standards. |
|
SB 699 -
Houck - Transportation planning; coordination of state and
local. |
(H) Committee on Counties, Cities and Towns
(S) Committee on Local Government |
(H) Signed by Speaker |
03/09/06 |
|
notes: Provides for the
coordination of state and local transportation planning. |
