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VAPA: Legislative Reports

2007 Legislative Session

Local Land Use & Growth Management

Bills CommitteeLast actionDate
HB 51 - Cole - Comprehensive plan amendment; grants authority to local gov't to prepare & submit to public hearing. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0821)04/21/10
notes: Grants authority to a governing body to prepare an amendment to the comprehensive plan and submit such proposal to public hearing rather than request the planning commission to prepare the amendment.
HB 197 - Ware, R.L. - Secondary highway system; requirements for taking new streets into system. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0401)04/11/10
notes: Provides that the Virginia Department of Transportation will allow the acceptance of any street within a network addition that meets the public service requirement of three or more occupied dwelling units.
HB 209 - Bulova - Outdoor signs and advertising; penalties collected for violations of provisions. (H) Committee on Appropriations

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0497)04/11/10
notes: Provides that all penalties and costs collected for violations of advertising provisions when the locality has entered into an agreement with the Commonwealth Transportation Commissioner shall be paid to the affected locality. Excludes signs and advertising erected only from Saturday through the following Monday from those agreements with the Commissioner.
HB 263 - Sherwood - Grass; adds City of Winchester to list of localities authorized to require cutting. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0403)04/11/10
notes: Adds Winchester to the list of localities that may order the cutting of grass and weeds on certain occupied property. The existing portion of the statute that includes all localities applies to vacant property only.
HB 297 - Cosgrove - Noise ordinance; authorizes governing body to adopt civil penalties. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0501)04/11/10
notes: Authorizes the governing body of a locality to adopt civil penalties for violations of noise ordinances.
HB 374 - Cosgrove - Cash proffers; collected or accepted by locality after completion of final inspection. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0549)04/11/10
notes: Delays collection or acceptance of a cash proffer by a locality until the residential property has been issued a certificate of occupancy by said locality. Same as SB632
HB 552 - Marshall, D.W. - Vested rights; includes right to replace existing on-site sewage system. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0698)04/12/10
notes: Includes the right to replace failed septic systems under vested rights protection. Determinations by zoning administrators are deemed to be significant governmental acts allowing development of specific projects.
HB 553 - Marshall, D.W. - Signs; provides local government authority to regulate. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0832)04/21/10
notes: Permits local governing bodies to adopt ordinances to control and enforce signage regulation in public highway rights of way. The locality may treat a violation of its sign control ordinance as a zoning violation and impose a penalty that it may then retain. The term excavate is amended so installing a sign by pushing metal, plastic, or wooden poles is not deemed excavation. Same as SB64
HB 582 - Landes - Center for Rural Virginia; expansion and promotion of agricultural opportunities. (H) Committee on Agriculture, Chesapeake and Natural Resources

(S) Committee on Agriculture, Conservation and Natural Resources
(G) Acts of Assembly Chapter text (CHAP0833)04/21/10
notes: Creates the Agri-tourism Incentives Act to allow qualified farm businesses to have restaurants and provide overnight accommodations on rural or agriculturally zoned land under certain conditions. The bill would also permit a locality to provide certain tax incentives and regulatory flexibility to each qualified farm business located in the locality. Same as SB347.
HB 882 - Athey - Development rights; permitted to be attached in receiving areas to be equal or greater than rights. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0239)04/07/10
notes: Allows localities to establish a density bonus that would permit certain property owners to transfer more property rights than the existing density would otherwise allow.
HB 1013 - Athey - Virginia Infrastructure in Urban Development Areas Loan Fund; created. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(S) Continued to 2011 in Local Government (15-Y 0-N)02/23/10
notes: Creates the Virginia Infrastructure in Urban Development Areas Loan Fund. The Fund would be administered by the Virginia Resources Authority. Money in the Fund would be used exclusively for the financing of road, small water facility, and wastewater treatment facility projects located or to be located within an urban development area in the Commonwealth and undertaken by a local government. Priority for loans would be given to projects that will serve two or more local governments to encourage regional cooperation. Same as SB418
HB 1063 - Athey - Zoning appeals, Board of; fee for filing appeal by person aggrieved by decision, etc. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0241)04/07/10
notes: Appeal of board of zoning appeals decisions. Provides that in an appeal of a decision of the board of zoning appeals (BZA), the BZA shall not be named as a party to the proceedings.
HB 1071 - Athey - Urban development; sets certain densities in areas according to population of locality. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0528)04/11/10
notes: Sets certain densities in urban development areas according to the population of the locality that designated the urban development area. The bill also requires that, to the extent possible, certain federal funding and state water and sewer facility and public infrastructure funding be directed to urban development areas or other designated growth areas. The bill mandates that the Commission on Local Government report on localities' compliance with the statute requiring the designation of urban development areas. Same as SB420.
HB 1250 - Knight - Vested rights; issuance of written order, etc., by zoning administrator regarding use of property. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0315)04/09/10
notes: Provides that the issuance of any written order, requirement, decision, or determination by the zoning administrator regarding the permissibility of a specific use or density of the landowner's property shall be considered a significant affirmative governmental act for purposes of determining vested rights.
HB 1307 - Griffith - Family health care; zoning provisions for temporary structures. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0296)04/08/10
notes: Provides that zoning ordinances for all purposes shall consider temporary family healthcare structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his residence as a permitted accessory use in any single-family residential zoning district. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring.
HB 1348 - Lingamfelter - Subdivision ordinance; designated administrative agency means planning commission of locality, etc. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0766)04/13/10
notes: Provisions of a subdivision ordinance. Provides that with regard to approval by a locality of surety provided by a developer, "designated administrative agency" means the planning commission of the locality or an agent designated by the governing body of the locality for such purpose.
HJ 135 - Athey - Development and Land Use Tools in State's Localities, Joint Subcommittee Studying; continued. (H) Committee on Rules

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ135ER)03/05/10
notes: Study; Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities; report. Continues the Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities for one year to examine and monitor the transition to channeling development into Urban Development Areas and determine if additional legislation is needed to help localities as they transition to Urban Development Areas. The joint subcommittee shall also continue to make a comprehensive evaluation of all existing land use planning tools and infrastructure financing options and make any recommendations deemed appropriate. Same as SJ89
SB 64 - Lucas - Signs; provides local government authority to regulate. (H) Committee on Transportation

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0777)04/21/10
notes: Provides that a zoning ordinance may include provisions for the regulations of signs in the highway rights of way. Localities may also adopt an ordinance in order to control signs within any highway rights of way and to control local enforcement of such signage. If a locality enacts an ordinance to regulate signs and also authorizes volunteers to enforce the provisions of such an ordinance, the volunteer, and any local government employee, will be personally liable to the owner of the signs for any damage that may result from such enforcement. Additionally, the Commonwealth Transportation Commissioner may enter into agreements with any locality, instead of just Fairfax County, authorizing local law-enforcement agencies to act as agents of the Commissioner for purposes of this legislation. Finally, this legislation limits the definition of excavation to not include installation of a sign that is installed by pushing metal, plastic or wooden poles in the ground. Same as HB553
SB 222 - Puller - Land use proposals; exempts localities and citizens' organization from payment of certain VDOT fees. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0121)03/11/10
notes: Exempts localities and citizens groups from payment of certain Department fees for review of land use proposals. Also, citizen groups are exempted from conducting any required traffic impact analysis that may be required at the time of a comprehensive plan amendment.
SB 246 - Watkins - Noise ordinance; authorizes governing body to adopt civil penalties. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0788)04/21/10
notes: Authorizes the governing body of a locality to adopt civil penalties for violations of noise ordinances.
SB 318 - Ruff - Subdivision ordinance; dedication of public improvements. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0149)03/11/10
notes: Expands the manner by which a developer may provide financial assurances to a locality prior to a locality accepting the dedication of public improvements.
SB 338 - Hanger - Assisted living facility; considered occupancy by single family if no more than 8 persons reside. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0796)04/21/10
notes: Expands certain provisions that currently apply to the Counties of Arlington and York statewide. The existing provisions declare that zoning ordinances for all purposes shall consider a residential facility in which no more than eight aged, infirm, or disabled persons reside with one or more resident counselors or other staff persons as residential occupancy by a single family. Same as HB967
SB 347 - Hanger - Center for Rural Virginia; expansion and promotion of agricultural opportunities, report. (H) Committee on Agriculture, Chesapeake and Natural Resources

(S) Committee on Agriculture, Conservation and Natural Resources
(G) Acts of Assembly Chapter text (CHAP0797)04/21/10
notes: Creates the Agri-tourism Incentives Act to allow qualified farm businesses to have restaurants and provide overnight accommodations on rural or agriculturally zoned land under certain conditions. The bill would also permit a locality to provide certain tax incentives and regulatory flexibility to each qualified farm business located in the locality.
The Department of Agriculture and Consumer Services is tasked with administering this new program. Same as HB582.
SB 374 - Puckett - Alternative onsite sewage systems; waiver from examination applicants for licensure as an installer. (H) Committee on Health, Welfare and Institutions

(S) Committee on General Laws and Technology
(H) Continued to 2011 in Health, Welfare and Institutions03/02/10
notes: Provides a waiver from examination for applicants for licensure as an installer of alternative onsite sewage systems if the applicant can provide satisfactory proof to the Board of having been actively and continuously providing services as an installer of alternative onsite sewage systems immediately prior to July 1, 2007, for at least two years.
SB 418 - Vogel - Infrastructure in Urban Development Areas Loan Fund; created. (S) Committee on Local Government(S) Continued to 2011 in Local Government (15-Y 0-N)02/09/10
notes: Creates the Virginia Infrastructure in Urban Development Areas Loan Fund. The Fund would be administered by the Virginia Resources Authority. Money in the Fund would be used exclusively for the financing of road, small water facility, and wastewater treatment facility projects located or to be located within an urban development area in the Commonwealth and undertaken by a local government. Priority for loans would be given to projects that will serve two or more local governments to encourage regional cooperation. Same as HB1013.
SB 420 - Vogel - Urban development; sets certain densities in areas according to population of locality. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0465)04/11/10
notes: Sets certain densities in urban development areas according to the population of the locality that designated the urban development area. The bill also requires that, to the extent possible, certain federal funding and state water and sewer facility and public infrastructure funding be directed to urban development areas or other designated growth areas. The bill mandates that the Commission on Local Government report on localities' compliance with the statute requiring the designation of urban development areas. same as HB1071.
SB 632 - Obenshain - Cash proffers; delays collection or acceptance by locality until completion of final inspection. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0613)04/11/10
notes: Delays collection or acceptance of a cash proffer by a locality until the completion of the final inspection of the subject property and prior to the time of the issuance of any certificate of occupancy. Same as HB374.
SJ 89 - Vogel - Development and Land Use Tools in State's Localities, Joint Subcommittee Studying; continued. (H) Committee on Rules

(S) Committee on Rules
(S) Bill text as passed Senate and House (SJ89ER)03/14/10
notes: Study; Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities; report. Continues the Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities for one year to examine and monitor the transition to channeling development into Urban Development Areas, and determine if additional legislation is needed to help localities as they transition to Urban Development Areas. The joint subcommittee shall also continue to make a comprehensive evaluation of all existing land use planning tools and infrastructure financing options and make any recommendations deemed appropriate. Same as SJ89.
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