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VAPA: Legislative Reports

2007 Legislative Session

Local Land Use & Growth Management

Bills CommitteeLast actionDate
HB 663 - Wardrup - Chesapeake Bay Bridge & Tunnel Commission; may not issue any bonds not redeemable before maturity. (H) Committee on Transportation

(S) Committee on Transportation
(S) Left in Transportation12/11/06
notes: Expands certain authority related to enforcement of occupancy limits in residential dwelling units to all zoning administrators, rather than just those in Planning District 8.
HB 1078 - Dudley - Motorboats; sets maximun speed limit on Smith Mountain Lake. (H) Committee on Agriculture, Chesapeake and Natural Resources(H) Left in Agriculture, Chesapeake and Natural Resources12/08/06
notes: Makes several changes to the vested rights and nonconforming use provisions, including (i) that for purposes of triggering vested rights, a significant affirmative governmental act will occur when a local government has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the local government issued a certificate of occupancy or a use permit; (ii) that a locality shall use square footage and building code provisions in determining whether a nonconforming use has been enlarged or structurally altered; and (iii) providing that when a property owner has paid taxes to the locality for a building or structure for a period in excess of 15 years, a zoning ordinance may provide that such building or structure shall be nonconforming, but not illegal.
HB 1107 - Athey - Higher educational institutions; articulation agreements. (H) Committee on Education(H) Left in Education12/08/06
notes: Increases the maximum fines for repeat violations of ordinances regulating the number of unrelated persons in single-family residential dwellings.
SB 268 - Whipple - Condominium Act; allows elderly or disabled tenants in conversion units to assign purchase right. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(H) Left in General Laws12/08/06
notes: Authorizes the City of Charlottesville to provide in its comprehensive plan for the physical development within the city for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the city. The bill authorizes the City of Charlottesville to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the city's affordable housing fund in lieu of providing the units.
SB 710 - Hawkins - K-14 educational partnerships; created. (S) Committee on Education and Health(S) Left in Education and Health12/11/06
notes: Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than four but not more than eight units per acre; (v) 25 percent tree canopy for a residential site zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a residential site zoned two or less units per acre. Finally, the bill mandates that any tree conservation ordinance provide for certain deviations from the canopy requirements.
SB 768 - Locke - Small business; change in definition. (S) Committee on General Laws and Technology(S) Stricken at request of Patron in General Laws and Technology (15-Y 0-N)01/17/07
notes: Replaces the current cash proffer system with a system of impact fees. CARRIED OVER TO 2009
SB 791 - Puller - Residential tax credit; to improve accessibility and visitability for new or existing residence. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0765)04/10/07
notes: Redefines the term %93incentive zoning%94 for the purposes of Chapter 22 of Title 15.2 as the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.
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