HB 2161 — Local government; standardization of public notice requirements for certain intended actions.

The Department of Energy shall serve as a statewide sponsor for a loan program that meets the requirements of this section.

A locality, in its adoption or amendment of its C-PACE ordinance described in subsection B, may opt into the statewide C-PACE loan program sponsored by the Department of Energy, and such action shall not require thHthe locality to undertake any competitive procurement process.

B § 15.2-958.6.

1 A.

Any locality may, by ordinance, authorize contracts with property owners to provide loans1forloans for the repair of septic systems.

R 1.

The proposed arrangement for such loan program, including (i) the interest rate and time period portionduring ofwhich thecontracting costs incidental to financing, administration, and collection of the arrangement among the consenting property owners andshall repay the locality;loan;

(ii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality;

6.5.

AIdentification draftof contracta specifyinglocal theofficial termsauthorized andto conditionsenter proposedinto bycontracts the locality or by a PDC acting and on behalf of the locality.locality;

and 6.

A draft contract specifying the terms and conditions proposed by the locality or by a PDC acting on behalf of the locality.

interestC. in a property containing a failing septic system, the locality may set a minimum total ownershipp interest that it will require a property owner or owners to prove before it will allow the owner or owners to participate in the program.

In cases in which local property records fail to identify all of the individuals having an ownership interest in a property containing a failing septic system, the locality may set a minimum total ownership interest that it will require a property owner or owners to prove before it will allow the owner or owners to participate in the program.

Such liens shall be subordinate to all liens on the property as of the date loans authorized pursuant to this section are made, except that with the prior written consent of the holders of all liens on the property as of the date loans authorized pursuant to this section are made, the liens securing loans authorized pursuant to this section shall be liens on the property ranking on a parity with liens for unpaid local taxes.

of 38 F.

of 36 A.

The governing body may adopt an ordinance or resolution by a of 38 recorded voice vote unless otherwise provided by law, or any member calls for a roll call vote.

E C.

R D.

An ordinance may be amended or repealed in the same manner, or by the same procedure, in whiE.which, or by which, ordinances are adopted.

E.

In counties, except as otherwise authorized by law, no ordinance shall be passed until after descriptive notice of an intention to propose the ordinance for passage has been published onceEaonce a week for two successive weeks, with the first notice appearing no more than 14 days prior to its the intended passage of the ordinance, in a newspaper having a general circulation in the county.

The secondDsecond publication shall not be sooner than one calendar week after the first publication.

The publication shall include a statement either that the publication contains the full text of the ordinance or that a copy of the full text of the ordinance is on file in the clerk's office of the circuit court of the county or in the of 36 office of the county administrator;

or in the case of any county organized under the form of governmentngovernment the set out in Chapter 5, 7 or 8 of this title, a statement that a copy of the full text of the ordinance is on file in the office of the clerk of the county board.

Even if the publication contains the full text of the ordinance, a complete copy shall be available for public inspection in the offices named hereinHherein. In counties, emergency ordinances may be adopted without prior notice;

however,In nocounties, suchemergency ordinanceordinances shallmay be enforcedadopted forwithout moreprior thannotice; sixty days unless readopted in conformity with the provisions o1 this Code.

1however, G.no such ordinance shall be enforced for more than sixty days unless readopted in conformity with the provisions of this Code.

G.

R § 15.2-1702.

A county shall not establish a police force unless (i) such action is first approved by the voters of appropriatethe authorizingcounty legislation.ovisionsin accordance with the provisions of this section and (ii) the General Assembly enacts B.appropriate authorizing legislation.

B.

The clerk of the circuit court for the county shall publish notice of the election in a newspaper of general circulation in the county once a week for three consecutive weeks prior to the election, with the questionfirst andnotice aappearing statementno of not more than 50021 wordsdays onbefore the proposedelection. question.

The notice shall contain the ballot question and a statement of not more than 500 words on the proposed question.

provided, however, public funds may not be used to promote a particular position on the public.n,question, either in the notice called for in subsection B, or in any other distribution of information to the D.public.

D.

If a majority of the voters voting in the election vote "Yes," the court shall enter an order proclaiming the results of the election and a duly certified copy of such order shall be transmitted to the governing body of the county.

The governingagoverning duly body shall proceed to establish a police force following the enactment of authorizing legislation by the of 38 General Assembly.

"Shall the county police force be abolished and its responsibilities assumed by the county sheriff's of 36 office? [ ] Yes [ ] No" The election shall be held and the results certified as provided in § 24.2-684.

The local planning commission shall not recommend nor the governing body adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published once a week for of 38 two successive weeks in some newspaper published or having general circulation in the locality, with the first notice appearing no more than 14 days before the intended adoption;

however, the notice fErfor both the local planning commission and the governing body may be published concurrently.

The notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement appears in such newspaRer.newspaper.

The local planning commission and governing body may hold a joint public hearing after public notice needas beset givenforth onlyin bythis thesubsection. governing body.

AsIf useda injoint thishearing subsection,is "twoheld, successivethen weeks"public meansis subsection that such notice shallas beset publishedforth at least twice in suchthis newspaper,subsection withneed notbe lessgiven thanonly sixby days elapsing between the firstgoverning andbody. second publication.

InAs anyused instance in whichthis asubsection, locality"two hassuccessive submittedweeks" ameans correctthat and timely notice request to such newspaper and the newspaper fails to publish the notice, or publishes the notice incorrectly, such locality shall be deemedpublished toat haveleast mettwice thein noticesuch requirementsnewspaper, ofwith thisnot sEbsectionless sothan longsix asdays theelapsing noticebetween was published in the nextfirst availableand editionsecond ofpublication. a newspaper having general circulation in the locality.

In any instance in which a locality has submitted a correct and timely notice request to such newspaper and the newspaper fails to publish the notice, or publishes the notice incorrectly, such locality shall be deemed to have met the notice requirements of this subsection so long as the notice was published in the next available edition of a newspaper having general circulation in the locality.

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as required by subsection A, written the advertisement shall include the street address or tax map parcel number of the parcels subject to the action.

to the owners, their agent or the occupant, of all abutting property aHdand property immediately across the street or road from the property affected, including those parcels that lie in other localities of the Commonwealth;

and, if any portion of the affected property is within a planne1planned unit of 36 development, then to such incorporated property owner's associations within the planned unit 1 development that have members owning property located within 2,000 feet of the affected propertRproperty as may be required by the commission or its agent.

However, when a proposed amendment to the zoning ordinance involves a tract of land not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection A, written the advertisement shall include the street address or moretax thanmap 100parcel parcelsnumber of land, the advertisementparcels mayas insteadwell includeas a description of the boundariesapproximate ofacreage the area subject to the changesaction. and a link to a map of the subject area.

For more than 100 parcels of land, the advertisement may instead include a description of the boundaries of the area subject to the changes and a link to a map of the subject area.

One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that a representative of the local commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

however, a representative of such agency, department or division shall make affidavit that such mailings have been madAmade party'sand actualfile noticesuch of,affidavit orwith active participation in, the proceedingspapers forin which the writtencase. notice provided by this section is required shall waive the right of that party to challenge the validity of the of 38 proceeding due to failure of the party to receive the written notice required by this section.

A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.

or an application for special exception for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

Notwithstanding any contrary provision of law, general or special, the City of Richmond may of 36 cause such notice to be published in any newspaper of general circulation in the city.

The of 38 governing body shall hold at least one public hearing on a proposed reduction of the commission's review period.

The governing body shall publish a notice of the public hearing in a newspaper hEvinghaving general circulation in the locality at least two weeks prior to the public hearing date and shall also publish the notice on the locality's website, if one exists.

In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherRiseotherwise would be required by this subsection.

shallC. hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204, after which the governing body may make appropriate changes or corrections in the ordinance or proposed amendment.

Before approving and adopting any zoning ordinance or amendment thereof, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204, after which the governing body may make appropriate changes or corrections in the ordinance or proposed amendment.

However, no land may be zoned Eoto a more intensive use classification than was contained in the public notice documentation made available for examination pursuant to subsection A of § 15.2-2204 without an additional public hearing after notice required by § 15.2-2204.

ChapterD. 8 (§ 15.2-800 et seq.) may provide by ordinance for use of plans, profiles, elevations, and other such demonstrative materials in the presentation of requests for amendments to the zoning ordinance.

Any county which has adopted an urban county executive form of government provided for under Chapter 8 (§ 15.2-800 et seq.) may provide by ordinance for use of plans, profiles, elevations, and other such demonstrative materials in the presentation of requests for amendments to the zoning ordinance.

The adoption or amendment prior to March 1, 1968, of any plan or ordinance under the authority of prior acts shall not be declared invalid by reason of a failure to advertise, give notice orHconductor conduct more than one public hearing as may be required by such act or by this chapter, provided a public hearing was conducted by the governing body prior to the adoption or amendment.

1 F.

Every action contesting a decision of the local governing body adopting or failing to ado1tadopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special exceptRonexception shall be filed within thirty days of the decision with the circuit court having jurisdiction of the land affected by the decision.

However, nothing in this subsection shall be construed to create any new right to con§contest 15.2-2400.the action of a local governing body.

§ 15.2-2400.

of 36 Any locality may by ordinance, or any two or more localities may by concurrent ordinances, create service districts within the locality or localities in accordance with the provisions of this article.

Notice of such hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation within the locality, and the hearing shall be held no sooner than ten days after the date the second notice appears in the newspaper with the first notice appearing no mor§more 15.2-2401.than 21 days before the hearing.

§ 15.2-2401.

Notice of such hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation within the city, and the hearing shall not be held sooner than ten days after the last publication with the first notice appearing no more than 21 days before the election.

Any person interested may answer the petition andceand make defense thereto.

thisA. section, before the final authorization of the issuance of any bonds by a locality, the governing body of the locality shall hold a public hearing on the proposed bond issue.

NoticeNotwithstanding any contrary provision of thelaw, hearinggeneral shallor bespecial, ofbut 38subject publishedto oncesubsection aB weekof forthis twosection, successivebefore weeksthe infinal aauthorization newspaperof publishedthe orissuance havingof generalany circulationbonds inby thea locality, with the firstgoverning noticebody appearingof nothe morelocality thanshall 14hold daysa beforepublic hearing on the hearing.proposed bond issue.

Notice of the hearing shall be published once a week for two successive weeks in a newspaper published or having general circulation in the locality, with the first notice appearing no more than 14 days before the hearing.

Before a county, under the terms of a voluntary agreement pursuant to this chapter, contracts a debt pursuant to Article VII, Section 10 (b) of the Constitution of Virginia, the board of supervisors shall, in of 36 conformity with Article VII, Section 10 (b) of the Constitution of Virginia, petition the circuit court for the county for an order calling for a special election in the county on the question of contracting such debt.

The election shall be held and the results thereof ascertained and certified in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2.

A copy of the petition shall be served upon the county attorney or, if there is no county attorney, the attorney for the Commonwealth, and each member of the governing body of the of 38 county or counties wherein the area sought to be incorporated lies.

E 1.

and N 2.

The following have been published once a week for four three successive weeks in a newspaRernewspaper having general circulation in the county, with the first publication appearing no more than 21 days befa.before the petition will be presented:

a.

and O b.

or L c.

L § 15.2-4309.

E A.

districtB. shall not, without the prior approval of the governing body, be developed to any more intensive use or to certain more intensive uses, other than uses resulting in more intensive agricultural or forestal production, during the period which the parcel remains within the district.

LocalThe governing bodiesbody shallmay notrequire, prohibit as a morecondition intensiveto use,creation construction and placement of dwellingsthe fordistrict, personsthat whoany eHrnparcel ain substantialthe partdistrict ofshall theirnot, livelihoodwithout from a farm or forestry operation on the sameprior property,approval or for members of the immediategoverning familybody, ofbe thedeveloped owner,to orany divisionsmore ofintensive parcelsuse foror suchto familycertain members,more 1nlessintensive theuses, governingother bodythan findsuses thatresulting suchin usemore inintensive theagricultural particularor caseforestal wouldproduction, beduring incompatiblethe withperiod farmin1which orthe forestryparcel inremains within the district.

ToLocal furthergoverning thebodies purposesshall ofnot thisprohibit chapteras a more intensive use, construction and toplacement promoteof agriculturedwellings anRfor persons who earn a substantial part of their livelihood from a farm or forestry andoperation on the creationsame property, or for members of districts,the immediate family of the localowner, governingor bodydivisions mayof adoptparcels programsfor offeringsuch incentivesfamily tomembers, landownersunless tothe imposegoverning landbody finds that such use andin conservationthe restrictionsparticular oncase theirwould landbe withinincompatible with farming or forestry in the district.

ProgramsTo further the districtpurposes andof thethis periodchapter beforeand theto reviewpromote ofagriculture theand districtforestry shalland bethe described,creation eitherof indistricts, the applicationlocal orgoverning inbody amay noticeadopt sentprograms byoffering first-classincentives mail to all landowners into theimpose districtland use and publishedconservation inrestrictions aon newspapertheir havingland a general circulation within the district at least two weeks seven days prior to adoption of the ordinance creating the district.

Programs offering such incentives shall not be permitted unless authorized by law.

Any conditions to creation of the district and the period before the review of the district shall be described, either in the application or in a notice sent by first-class mail to all landowners in the district and published in a newspaper having a general circulation within the district at least two weeks seven days prior to adoption of the ordinance creating the district.

The ordinance shall remain of 36 in effect at least until such time as the district is to be reviewed.

laterC. than 180 days from (i) November 1 or (ii) the other date selected by the locality as provided in, no § 15.2-4305.

The local governing body shall act to adopt or reject the application, or any modification of it, no later than 180 days from (i) November 1 or (ii) the other date selected by the locality as provided in § 15.2-4305.

The governing body of each participating locality shall cause to be advertised at least one time in a newspaper of general circulation in such locality a copy of the ordinance, agreement or resolutioneresolution in a creating an authority, or a descriptive summary of the ordinance, agreement or resolution and a reference to the place within the locality where a copy of the ordinance, agreement or resolution can be obtained, and notice of the day, not less than thirty seven days after publication of the advertisement, on which a public hearing will be held on the ordinance, agreement or resolution.

The authority may fix and revise rates, fees and other charges (which shall include, but not be limited to, a penalty not to exceed 10 percent on delinquent accounts, and interest on the principal), subject to the provisions of this section, for the use of and for the services furnished or to be furnished by any system, or streetlight system in King George County, or refuse collection and disposal system or facilities incident thereto, owned, operated or maintained by the authority, or facilities incident thereto, for which the authority has issued revenue bonds as authorized by this chapter.

Such rates, fees andthereto,and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, of 38 sufficient at all times (i) to pay the cost of maintaining, repairing and operating the system or systems, or facilities incident thereto, for which such bonds were issued, including reserves for such purposes and for replacement and depreciation and necessary extensions, (ii) to pay the principal of and the interest on the revenue bonds as they become due and reserves therefor, and (iii) to provide a margin of safety for making such payments.

of 36 3.

After the adoption by the authority of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, fees and charges, notice of a public hearing, setting forth the proposed schedule or schedules of rates, fees and charges, shall be given by two publications, at least six days apart, published once a week for two successive weeks in a newspaper having a general circulation in the of 38 area to be served by such systems or facilities, with the second notice being published at least 14 days before the date fixed in such notice for the hearing first notice appearing no more than 14 dayEdays before the hearing.

After the hearing the preliminary schedule or schedules, either as originally adopted or as ameRded,amended, shall be adopted and put into effect.

subsectionH. G shall be kept on file in the office of the clerk or secretary of the governing body of each locality in which such systems or any part thereof is located, and shall be open to inspection by all interested parties.

A copy of the schedule or schedules of the final rates, fees and charges fixed in accordance with subsection G shall be kept on file in the office of the clerk or secretary of the governing body of each locality in which such systems or any part thereof is located, and shall be open to inspection by all interested parties.

Any increase in any rates, fees or charges under this secEionsection shall be made in the manner provided in subsection G.

No rates, fees or charges established, fixed, changed or revised before January 1, 2013, by any authority pursuant to this section or to subdivision 10 of § 15.2-5114 shall be invalidated because of any defect in or failure to publish or provide any notice required under this section or any predecessorofpredecessor any provision.

An ordinance or resolution creating a community development authority shall not be adopteHadopted or approved until a public hearing has been held by the governing body on the question of its adoption or approval.

Notice of the public hearing shall be published once a week for three successive week1weeks in a newspaper of general circulation within the locality, with the first notice appearing no more t1anthan 21 days before the hearing.

The petitioning landowners shall bear the expense of publishing the noRice.notice.

After the public hearing and before adoption of the ordinance or resolution, the local governing body shall mail a true copy of its proposed ordinance or resolution creating the development authority to the petitioning landowners or their attorney in fact.

limitedA. to, a penalty not to exceed 10 percent on delinquent accounts, and interest on the principal), subject to the provisions of this section, for the use of a project or any portion thereof and for the services furnished or to be furnished by the authority, or facilities incident thereto, owned, operated or maintained by the authority, or facilities incident thereto, for which the authority has issued revenue bonds as authorized by this chapter or received loan funding from other sources.

SuchThe authority may fix and revise rates, fees and other charges (which shall beinclude, sobut fixednot andbe revisedlimited asto, toa providepenalty funds,not withto otherexceed funds10 availablepercent foron suchdelinquent purposes,accounts, sufficientand atinterest allon timesthe (i)principal), subject to pay the costprovisions of maintaining,this repairingsection, andfor operating the projectuse orof systems,a project or facilitiesany incidentportion thereto,thereof and for whichthe suchservices bondsfurnished wereor issuedto be furnished by the authority, or loansfacilities obtained,incident includingthereto, reservesowned, foroperated suchor purposesof and36 formaintained replacementby andthe depreciationauthority, andor necessaryfacilities extensions,incident (ii)thereto, tofor paywhich the principalauthority ofhas andissued interest,revenue andbonds (iii)as toauthorized provideby athis marginchapter ofor safetyreceived forloan makingfunding suchfrom payments.other sources.

TheSuch authorityrates, shallipalfees chargeand charges shall be so fixed and collectrevised as to provide funds, with other funds available for such purposes, sufficient at all times (i) to pay the rates,cost feesof maintaining, repairing and chargesoperating sothe fixedproject or revised.systems, or facilities incident thereto, for which such bonds were issued or loans obtained, including reserves for such purposes and for replacement and depreciation and necessary extensions, (ii) to pay the principal of and the interest on the revenue bonds as they become due and reserves therefor, or other loan principal and interest, and (iii) to provide a margin of safety for making such payments.

The authority shall charge and collect the rates, fees and charges so fixed or revised.

After the adoption by the authority of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, fees and charges, notice of a public hearing, setting forth the proposed schedule or schedules of rates, fees and charges, shall be given by two publications, at least six days apart, shall be published once a week for two successive weeks in a newspaper having a general circulation in the area to be served by such systems at least 60 days before of 38 the date fixed in such notice for, with the first notice appearing no more than 14 days before the hearing.

of 36 § 15.2-5702.

Each participating locality shall cause to be published at least one time in a newspaper of general circulation in its locality, a copy of the ordinance or resolution together with a notice stating that on a day certain, not less than ten seven days after publication of the notice, a public hearing will be held on of 38 such ordinance or resolution.

If at the hearing substantial opposition to the proposed park authority is heard, the members of the participating localities' governing bodies may in their discretion caElcall for a referendum on the question of establishing such an authority.

Where two or more loRalitieslocalities are participating in the formation of an authority the referendum, if any be ordered, shall be held on the suchsame localitydate file a petition with the governing body at the hearing calling for a referendum suchoters in governingall bodysuch shalllocalities requestso aparticipating. referendum as herein provided.

LIn D.any event if ten percent of the registered voters in such locality file a petition with the governing body at the hearing calling for a referendum such governing body shall request a referendum as herein provided.

HavingD. specified the initial plan of organization of the authority, and having initiated the program, the localities organizing such authority may, from time to time, by subsequent ordinance or resolution, after public hearing, and with or without referendum, specify further parks to be acquired and E maintained by the authority, and no other parks shall be acquired or maintained by the authority than those so specified.

However,Having ifspecified the governinginitial bodiesplan of organization of the authority, and having initiated the program, the localities failorganizing such authority may, from time to specifytime, anyby projectsubsequent ordinance or projectsresolution, toafter bepublic undertaken,hearing, and ifwith theor governingwithout bodiesreferendum, dospecify notfurther disapproveparks anyto projectbe oracquired projectsand proposedmaintained by the authority, thenand theno authorityother parks shall be deemedacquired toor havemaintained allby the powersauthority grantedthan bythose thisso cha§specified. 15.2-5711.

However, if the governing bodies of the localities fail to specify any project or projects to be undertaken, and if the governing bodies do not disapprove any project or projects proposed by the authority, then the authority shall be deemed to have all the powers granted by this chapter.

§ 15.2-5711.

To convey or lease to any authority created hereunder, with or without consideration, anyHparkany park upon such terms and conditions as the governing body thereof shall determine to be for the bestBbest interests of such locality or other public body;

and 1 2.

provided, that no loc1litylocality shall enter into any contract with an authority involving payments by such locality to such authorityRforauthority for park services which requires the locality to incur an indebtedness extending beyond one fiscal year, unless the question of entering into such contract shall first be submitted to the voters of the locality for approval contributionor torejection anyby authority.e.a majority vote.

Nothing herein shall prevent any locality from making a voluntary Incontribution the event that a locality shall desire to contractany withauthority. an authority under this subdivision, such governing body shall adopt a resolution stating in brief and general terms the substance of the proposed contract for park services and requesting the circuit court for the locality to order an election upon the question of entering into such contract.

In the event that a locality shall desire to contract with an authority under this subdivision, such governing body shall adopt a resolution stating in brief and general terms the substance of the proposed contract for park services and requesting the circuit court for the locality to order an election upon the question of entering into such contract.

The question to be submitted to the voters for determination shall include the names of the locality and the authority between whom the contract is proposed and the nature, duration and cost of suchcalitysuch contract.

Except as otherwise provided herein, at least sixty seven days prior to the public hearing required by this section, the Authority shall notify the local governing body in which the major league or minor league baseball stadium is proposed to be located and advertise the notice in a newspaper of general (ii) the intended use of the36 site,circulation andin (iii)that thelocality. date, time, and location of the public hearing.

The notice shall include:

(i) a description of the site proposed to be acquired, (ii) the intended use of the site, and (iii) the date, time, and location of the public hearing.

The report and findings shall include a detailed plan of the method of funding and the ecoD.economic necessity of the proposed acquisition, lease, or contract.

D.

The Commonwealth shall not enter into any purchase agreement, lease agreement, lease-purchase of 38 agreement, master lease agreement or any other contractual arrangement that creates a direct or contingent financial obligation of the Commonwealth unless such agreement or arrangement has first been submitted to the State Treasurer sufficiently prior to the execution of such agreement or arrangement to allow the State Treasurer to undertake a review for the purposes of determining (i) whether the agreement or arrangement may constitute tax-supported debt of the Commonwealth and (ii) the potential impact of the agreement or arrangement on the debt capacity and credit ratings of the Commonwealth.

Upon filing of the petition, the governing body of the county shall fix a day for a hearing on the question of abolishing the sanitary district, which hearing shall embrace a consideration of whether the of 36 property in the sanitary district will or will not be benefited by the abolition thereof, and the governing body of the county shall be fully informed as to the obligations and functions of the sanitary district.

Upon the hearing, such ordinance shall be adopted as to the governing body of the county may seem of 38 equitable and proper, concerning the abolition of the district and as to the funds on hand to the credit of the district, provided, however, that no such ordinance shall be adopted abolishing the sanitarEsanitary district unless any bonds of the sanitary district that have theretofore been issued have been redeemed and the purposes for which the sanitary district was created have been completed, or unless all obligations and functions of the sanitary district have been taken over by the county as a whole, or unless theRpurposesthe purposes for which the sanitary district was created are impractical or impossible of accomplishment and no obl§obligations 21-118.have been incurred by said sanitary district.

Powers§ and21-118. duties of governing body.istrict.

OPowers Afterand theduties adoption of such ordinance creating a sanitary district in such county, the governing bodybody. thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:

LAfter 1.the adoption of such ordinance creating a sanitary district in such county, the governing body thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:

To1. construct, maintain and operate water supply, sewerage, garbage removal and disposal, Eeat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts.

DTo 2.construct, maintain and operate water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts.

To2. acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district;

To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district;

provided a public hearing is first held with respect to Huchsuch disposition at which inhabitants of the district shall have an opportunity to be heard.

At least ten seven days' notice of the time and place of such hearing and a brief description of the property to be disposed sh1llshall be published in a newspaper of general circulation in the district.

Such public hearing may be adj1urnedadjourned from time to time.

R 3.

To contract with any person, firm, corporation or municipality to construct, establish, maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equ4.equipment and power and gas systems and sidewalks in such district.

4.

To levy and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply, sewerage, garbage removal and disposal, heat, light,ng,light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary district.

To employ and fix the compensation of any technical, clerical or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation or maintenance of 8.any such system or systems and sidewalks.

8.

The governing body shall have the same power and authority for the abatement of nuisances in of 36 such sanitary district as is vested by law in councils of cities and towns for the abatement of nuisances therein, and it shall be the duty of the governing body to exercise such power when any such nuisance shall be shown to exist.

Proceedings for the acquisition of rights, title, interest or easements in and to real estate, by such sanitary districts in all cases in which they now have or may hereafter be given the right of eminent todomain, may be condemnedinstituted is:ituted and conducted in the name of such sanitary district.

If the property proposed a.to be condemned is:

Fora. a waterworks system, the procedure shall be in the manner and under the restrictions of 38 prescribed by Chapter 19.1 (§ 15.2-1908 et seq.) of Title 15.2, and by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1;

For a waterworks system, the procedure shall be in the manner and under the restrictions prescribed by Chapter 19.1 (§ 15.2-1908 et seq.) of Title 15.2, and by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1;

For the purpose of constructing water or sewer lines, the proceedings shall be instituted and conducted in accordance with the procedures prescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1;

The board of viewers of the county in which the petition was filed shall give notice by publication once a week for three successive weeks in some newspaper published in the county in which the of 36 project, or some part thereof, is situated, if there be any such newspaper, with the first publication appearing no more than 21 days before the hearing, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places in the project, reciting that they propose to issue drainage bonds for the total cost of the improvement, giving the amount of the bonds to be issued, the rate of interest that they are to bear, and the time when payable.

of 38 § 21-420.

If additional or new assessments are so levied, such assessments shall be made on the same bEsisbasis as the original assessments, and shall be levied only after all persons interested shall have been given full hearing by the board of viewers on the question of benefits and any other question on which they shall desire to be heard.

Notice of such hearing shall be given by publication once a week for two R consecutive weeks in a newspaper of general circulation published in a county in which such project is located in whole or in part, and the with the first publication appearing no more than 14 days before the hearing.

The determination of the board of viewers shall be final.ingfinal. no more than 14 days Oefore § 22.1-29.1.

§ 22.1-29.1.

L At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837, or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens wiEhinwithin the school division.

§ 22.1-37.

Notice by commission of meeting for appointment.

HuchSuch notice shall be given whether the appointment is of a member or members of the county school board for the full term of office as provided by law or of a member to fill a vacancy occurring in th1the membership of the county school board or of a member from a new school district.

1 § 22.1-79.

R A school board shall:

schools2. in the school division and take care that they are conducted according to law and with the public utmost efficiency;

Secure, by visitation or otherwise, as full information as possible about the conduct of the public schools in the school division and take care that they are conducted according to law and with the utmost efficiency;

Insofar as not inconsistent with state statutes and regulations of the Board of Education, operate and maintain the public schools in the school division and determine the length of the school term, the stu6.studies to be pursued, the methods of teaching and the government to be employed in the schools;

6.

Except in the case of dismissal, suspension, or other disciplinary action, the grievance procedure schoolprescribed board,by exceptthe supervisoryBoard employees;ntof Education pursuant to § 22.1-308 shall apply to all full-time employees of a 7.school board, except supervisory employees;

7.

or (iii) in school divisions having 15,000 pupils or more in average daily membership, for redistricting of school boundaries or adopting any pupil assignment plan affecting the assignment of 15 percent or more of the pupils in average daily meetingmembership ofin the schoolaffected boardschool. at which the proposed action is taken if the public hearing is held before the action is taken.

IfSuch a public hearing hasmay beenbe held priorat to the effectivesame datetime ofand thisplace provisionas onthe a of 3836 proposedmeeting consolidation,of redistrictingthe orschool pupilboard assignmentat plan which is to be implemented after the effectiveproposed dateaction ofis thistaken provision,if anthe additional public hearing shallis notheld bebefore required;the action is taken.

If a public hearing has been held prior to the effective date of this provision on a proposed consolidation, redistricting or pupil assignment plan which is to be implemented after the effective date of this provision, an additional public hearing shall not be required;

At least once in each calendar year in which a proposed new funding allocation is greater than $100,000, representatives of the Department in charge of the secondary state highway system in each county, or some representative of the Department designated by the Commissioner of Highways, shall meet with the governing body of each county in a regular or special meeting of the local governing of 38 body for the purpose of preparing a budget for the expenditure of improvement funds for the next fiscal of 36 year.

The representative of the Department shall furnish the local governing body with an updatEdupdated estimate of funds, and the board and the representative of the Department shall jointly prepare the list of projects to be carried out in that fiscal year taken from the six-year plan by order of priority and following generally the policies of the Board in regard to the statewide improvements to the seRondarysecondary state highway system.

In any year in which a proposed new funding allocation is greater than $100,000, such list of priorities shall then be presented at a public hearing duly advertised in accordance with the procedure outlined in this section, and comments of citizens shall be obtained and considered.

FollowingheFollowing this public hearing, the board, with the concurrence of the representative of the Department, shall adopt, as official, a priority program for the ensuing year, and the Department shall include such listed projects in its secondary highways budget for the county for that year.

L At least once every two years following the adoption of the original six-year plan, the goveEninggoverning body of each county, together with the representative of the Department, may update the six-year plan of the county by adding to it and extending it as necessary so as to maintain it as a plan encompassing six years.

Whenever additional funds for secondary highway purposes become available, the local governing body may request a revision in its six-year plan in order that such plan be amended to shallprovide befor prepared in the sameexpenditure mannerof and following the sameadditional proceduresfunds. as outlined herein for its initial preparation.

Such additions and extensions to each six-year plan shall be prepared in the same manner and following the same procedures as outlined herein for its initial preparation.

The Commissioner of Highways shall consider all proposed priorities and render a decision establishHngestablishing a priority program based upon a consideration by the Commissioner of Highways of the welfare and B safety of county citizens.

1 Nothing in this section shall preclude a local governing body, with the concurrence of the 1 representative of the Department, from combining the public hearing that may be required pursuaRtpursuant to this section for revision of a six-year plan with the public hearing that may be required pursuant to this section for review of the list of priorities, provided that notice of such combined hearing is published in accAllaccordance suchwith six-yearprocedures plansprovided shall consider all existing highways in thethis secondarysection. state highway system, including those in the towns located in the county that are maintained as a part of the secondary state highway system, and shall be made a public document.

All such six-year plans shall consider all existing highways in the secondary state highway system, including those in the towns located in the county that are maintained as a part of the secondary state highway system, and shall be made a public document.

To the extent that funds from secondary highway allocations have been expended to pay for a highway construction or improvement project, all revenues generated from a reimbursement by the county shall be deposited into that same county's secondary highway allocation.

The Commissioner of Highways may waive all or any portion of such'ssuch secondary reimbursement at his discretion.

Any county may assume the payment of and pay any outstanding indebtedness of any magisterial district or districts thereof incurred for the purpose of constructing public highways that were subsequently taken over by the Commonwealth, provided the assumption thereof is approved by a majority of the qualified voters of the county voting on the question at an election to be held as proB.provided in this section.

B.

The ballots for use in voting upon the question so submitted shall be prepared, printed, distributed, voted, and counted and the returns made and canvassed in accordance with the provisions of § 24.2-684.

The results shall be certified by the commissioners of election to the county clerk, who shall certify the same to the governing body of the county, and such returns shall be entered of record in the of 38 minute book of the local governing body.

If a majority of the voters voting on the question vote in favor of the assumption by the county of the highway indebtedness of any district of the county, such indebtedness shall become and be an obligation of the county and as binding thereon as if the same had been originally contracted by the of 36 county.

of 38 2.

E 3.

and N 4.

R F.

In considering the abandonment of any section of highway under the provisions of this section, dueG.due consideration shall be given to the historic value, if any, of such highway.

of 36 G.

L § 33.2-2001.

E A.

Any such resolution shall be considered only upon the petition, to each local governing body of the locality in which the proposed district is to be located, of the owners of at least 51 percent of either the land area or the assessed value of land in each locality that (i) is within the boundaries of the either proposed district and (ii) has been zoned for commercial or industrial use or is used for such purposes.

H B.

B 1.

1 2.

1 3.

Propose a plan for providing such transportation improvements within the district and desRribedescribe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto which the petitioners request for the proposed district;

within4. the district;

anditsDescribe the benefits that can be expected from the provision of such transportation improvements 5.within the district;

and 5.

If real property within a town is included in the proposed district, the governing body shall deliver a copy of the petition and notice of the public hearing to the town council at least 30 days prior to the public hearing, and the town council may by resolution determine if it wishes such property located within the town to be included within the proposed district and shall deliver a copy of any such resolution to the local governing body at the public hearing required by this section.

At least 10 days shall intervene between the third publication and the date set for the hearing, with the first publication appearing no more than 21 days befD.before the hearing.

D.

The resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that shall be in force in the district upon its creation, together with any related criteria and a term of years, not to exceed 20 years, as to which each zoning classification and each related criterion set forth therein shall remain in force within the district without elimination, reduction, or restriction, except (i) upon the written request or approval of the owner of any property affected by a change or (ii) as specifically required to comply with state or federal law.

of any property affected by a change or (ii) as specifically required to comply with state or Each resolution creating a district shall also provide (a) that the district shall expire 35 years from of 38 the date upon which the resolution is passed or (b) that the district shall expire when the district is abolished in accordance with § 33.2-2014.

of 36 A.

The resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that apply within the district, but not within any town within the district that has adopted a zoning ordinance, that shall be in force in the district upon its creation, of 38 together with any related criteria and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall remain in force withinEthewithin the district without elimination, reduction, or restriction, except (i) upon the written request or approval of the owner of any property affected by a change, (ii) as required to comply with the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or the regulations adopted pursuant tRereto,thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and federalindustrial Environmentalstormwater Protectiondischarges Agency,(33 orU.S.C. (iv) as specifically required to comply with any other state or federal law.

L§ F.1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency, or (iv) as specifically required to comply with any other state or federal law.

F.

After the public hearing, the governing body may adopEadopt a proposed resolution creating the district.

No later than two business days following the adoption of the of 36 proposed resolution, copies of the proposed resolution shall be available in the office of the clerk of the governing body for inspection and copying by the petitioning landowners and their representatives, by members of the public, and by representatives of the news media.

No later than seven business days following the adoption of the proposed resolution, any petitioning landowner may notify the clerk of the governing body in writing that the petitioning landowner is withdrawing his signature from the petition.

Within the same seven-day period, the owner of any property in the proposed district that will be subject to the annual special improvements tax authorized by § 33.2-2105, if the proposed district is created, or the attorney-in-fact of any such owner may notify the clerk of the governing body iHin writing that he is adding his signature to the petition.

If any petitioner has withdrawn his si1naturesignature from the petition during that seven-day period, then the governing body may readopt the propose1proposed resolution only if the petition, including any landowners who have added their signatures afterRadoptionafter adoption of the proposed resolution, continues to meet the provisions of this section.

After the governing body has readopted the resolution creating the district, the district shall be established and the name of the dis§district shall be "The _____ _____ Transportation Improvement District." § 33.2-2103.

Powers and duties of commission.ncommission. Improvement District." The commission may:

The commission may:

Acquire by gift, purchase, lease, in-kind contribution to construction costs, or otherwise any transportation improvements in the district and sell, lease as lessor, transfer, or dispose of any part of any transportation improvements in such manner and upon such terms as the commission may determine therein,to thebe commissionin shallthe conductbest ainterests publicof hearingthe withdistrict. respect to such disposition.

AtHowever, theprior hearing,tto thedisposing residentsof andany ownerssuch of property withinor interest therein, the districtcommission shall haveconduct ana opportunitypublic hearing with respect to besuch heard.disposition.

At leastthe 10hearing, seven days' notice of the timeresidents and placeowners of suchproperty hearingwithin shallthe bedistrict publishedshall inhave aan newspaperopportunity ofto generalbe circulationheard. in the district, as prescribed by the commission.

At least seven days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the district, as prescribed by the commission.

For the purposes of this chapter, transportation improvements are within the district if they are located within the boundaries of the transportation improvement district or are reasonably deemed necessary for the construction or operation of transportation improvements within the boundaries of the transportation improvement district.

available5. source, including any person, for the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, and of 38 expansion or the operation of any transportation improvements in the district.

Accept the allocations, contributions, or funds of any available source or reimburse from any available source, including any person, for the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, and expansion or the operation of any transportation improvements in the district.

of 36 2.

In addition to its other powers, any housing authority may exercise any or all of its powers within the territorial boundaries of any municipality not included in the area of operation of such housing of 38 authority, for the purpose of planning, undertaking, financing, rehabilitating, constructing and operating a housing project or projects or a multi-family residential building or buildings within such munEcipality;municipality;

provided that a resolution shall have been adopted (a) by the governing body of such municipality in which the housing authority is to exercise its powers and (b) by the authority of such municipality (if one has been theretofore established by such municipality and authorized to exercise its powersRtherein)powers therein) declaring that there is a need for the aforesaid housing authority to exercise its powers within such housingmunicipality. authority exercising its powers within such municipality under this section as though the to such municipality were within the area of operation of such authority.

LA No governing body of a municipality shall adopthave athe resolutionsame aspowers providedto infurnish thisfinancial sectionand declaringother thatassistance thereto issuch a need for the housing authority (otherexercising than a housing authority established by such municipality) to exercise its powers within such municipality,municipality unlessunder athis publicsection hearingas hasthough firsEthe beenmunicipality heldwere bywithin suchthe governingarea bodyof andoperation unlessof such governingauthority. body shall have found in substantially the following terms:

No governing body of a municipality shall adopt a resolution as provided in this section declaring that there is a need for the housing authority (other than a housing authority established by such municipality) to exercise its powers within such municipality, unless a public hearing has first been held by such governing body and unless such governing body shall have found in substantially the following terms:

and (b) that these conditions can be best remedied through the exercise of the aforesaid housing authority's powers within the territorial boundaries of such municipality;

provided that such findings shall not have the effect of establishing an authority for anychany such municipality under § 36-4 nor of thereafter preventing such municipality from establishing an of 36 authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority.

The clerk of the city or other municipality shalHshall give notice of the time, place and purpose of the public hearing at least ten seven days prior to the date on which the hearing is to be held, in a newspaper published in such municipality, or if there is 1ono newspaper published in such municipality, then in a newspaper published in the Commonwealth and1and having a general circulation in such municipality.

Upon the date fixed for such public hearing Rnan opportunity to be heard shall be granted to all residents of such municipality and to all other interested persons.

During the time that, pursuant to these findings, the aforesaid housing authority has outstanding (or is under contract to issue) any evidences of indebtedness for a project within the municipality, no otherorother is housing authority may undertake a project within such municipality without the consent of the housing authority which has such outstanding indebtedness or obligation.

The clerk of such county shall give notice of the time, place, and purpose of the public hearing at least ten seven days prior to the day on which the hearing is to be held, in a newspaper published in such county, or if there is no newspaper published in such county, then in a newspaper published in the Commonwealth and having a general circulation in such county.

In connection with the issuance of bonds or the incurring of other obligations, a regional housing authority may covenant as to limitations on its right to adopt resolutions relating to the increase or dec§decrease 58.1-3108.of its area of operation.

§ 58.1-3108.

Each commissioner shall advertise, in some newspaper of general circulation in the city or county, at least once during the thirty seven days prior to the time fixed by law for filing returns without penalty, the location of the commissioner's office, the location of such branch offices as he may establish, and the hours of the day, not less than eight hours each day, during which such office or offices shall be open for business.

of 38 § 58.1-3245.2.

The notice shall include the time, place and purpose of the public hearing, define tax increment financing, indicate the proposed boundaries of the of 36 development project area, and propose obligations to be issued to finance the development project area costs.

of 38 In any incorporated town there may be for town taxation and debt limitation, a general reassessment of the real estate in any such town in the year designated, and every fourth year thereafter, tEatthat the council of such town shall declare by ordinance or resolution the necessity therefor.

Every such general reassessment of real estate in any such town shall be made by a board of assessors consisting of three residents, a majority of whom shall be freeholders, who hold no official office or position witRwith the town government, appointed by the council of such town for each general reassessment and the compensation assessorsof the person so designated shall assessbe theprescribed propertyby in accordance with the generalcouncil law and Constitutionpaid out of Virginia.the town treasury.

The assessors so designated shall assess the property in accordance with the general law and Constitution of Virginia.

The assessments so made shall be open for public inspectioEinspection after notice of such inspection shall have been advertised in a newspaper of general circulation within the town at least five seven days prior to such date or dates of inspection.

Within 30 days after the final date of inspection the assessors shall file the completed reassessments in the office of the town clerk and at the same time forward to the Department of Taxation a copy of the recapitulation sheets of such assAnyassessments. person, firm, or corporation claiming to be aggrieved by any assessment may, within 30 days after the filing of reassessments in the office of the town clerk, apply to the town board of equalization for a correction of such assessment by filing with the town clerk a written statement setting forth his grievances.

TheAny boardperson, offirm, equalizationor ofcorporation everyclaiming suchto townbe shall,aggrieved by any assessment may, within 30 days ofafter the filing ofHsuchof complaint,reassessments fixin athe dateoffice forof athe hearingtown onclerk, suchapply applicationto and, after giving the applicanttown atboard least 10 days' notice of theequalization timefor fixed,a shallcorrection hearof such evidenceassessment as may be introduced by interestedfiling partieswith a1dthe correcttown theclerk assessmenta bywritten increasingstatement orsetting reducingforth thehis same.grievances.

The circuitboard courtof havingequalization jurisdictionof within1theevery such town shall, inwithin each30 taxdays yearof immediatelythe followingfiling theof yearsuch incomplaint, whichfix a generaldate reassessmentfor wasa condRcted,hearing appointon for such townapplication aand, boardafter ofgiving equalizationthe ofapplicant realat estateleast assessments10 madedays' upnotice of threethe totime fivefixed, citizensshall ofhear such evidence as may be introduced by interested parties and correct the town.assessment by increasing or reducing the same.

AnyThe circuit court having jurisdiction within the town shall, in each tax year immediately following the year in which a general reassessment was conducted, of 36 appoint for such town a board of equalization shallof bereal subjectestate toassessments themade sameup memberof three to §five 58.1-3374.citizens of the town.

Any such town board of equalization shall be subject to the same member composition requirements and limits on terms of service as provided for boards of equalization pursuant to § 58.1-3374.

Town taxes for each year on real estate subject to reassessment shall be extended on the basis of the last general reassessment made prior to such year subject to such changes as may have been lawfully loss.made.

The town tax assessor shall make changes required by new construction, subdivision and disaster loss.

county,A. city, or town would result in an increase of one percent or more in the total real property tax levied, such county, city, or town shall reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than 101 percent of the previous year's real property tax levies, unless subsection B is complied with, which rate shall be determined by multiplying the previous year's total real property tax levies by 101 percent and dividing the product by the forthcoming tax year's total real property assessed value.

When any annual assessment, biennial assessment, or general reassessment of real property by a county, city, or town would result in an increase of one percent or more in the total real property tax levied, such county, city, or town shall reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than 101 percent of the previous year's real property tax levies, unless subsection B is complied with, which rate shall be determined by multiplying the previous year's total real property tax levies by 101 percent and dividing the product by the forthcoming tax year's total real property assessed value.

Special levies shall not be included in any calculations proB.provided for under this section.

TheB. governing body of a county, city, or town may, after conducting a public hearing, which shall not be held at the same time as the annual budget hearing, increase the rate above the reduced rate of 38 required in subsection A if any such increase is deemed to be necessary by such governing body.

The governing body of a county, city, or town may, after conducting a public hearing, which shall not be held at the same time as the annual budget hearing, increase the rate above the reduced rate required in subsection A if any such increase is deemed to be necessary by such governing body.

The difference between the lowered tax rate and the proposed rate of 36 would be $ _____ per $100, or _____ percent.

Such date shall not be earlier than 30 days after of 38 the termination of the date set by the assessing officer to hear objections to the assessments as provided in § 58.1-3330.

If no applications for relief are received by such date, the board of equalizatEonequalization shall be deemed to have discharged its duties.

Notwithstanding such deadlines, if a taxpaRertaxpayer applies to the commissioner of the revenue or other official performing the duties imposed on commissioners of the revenue for relief from a real property tax assessment prior to such deadlines, and such deadlines occur prior to a final determination on such application for relief, and the taxpayer advises the circuit court that he wishes to appeal the determination to the board of equalization, then the circuit court may require the board of equalization to hear and act on such appeal.

however, taxpayers retain the right to file applications on traditional paper forms provided by the governing body as long as such forms are submitted pEiorprior to the established deadline.

A hearing for relief before the board of D equalization regarding an assessment on residential property shall not be denied on the basis of a lack of information on the application for relief, as long as the application includes the address, the parcel electronically,number, theand date the applicantowner's sendsproposed theassessed applicationvalue shallfor be considered the dateproperty. of receipt by the governing body.

If the application for relief is sent electronically, the date the applicant sends the application shall be considered the date of receipt by the governing body.

A hearing for relief before the board of equalization regarding an assessment on commercial, multi-family residential, or industrial property on the basis of fair market value shall not beHdeniedbe denied on the basis of a lack of information on the application, as long as documentation of any applicable assessment methodologies is submitted with the application, and the application includes the ad1ress,address, the parcel number, and the owner's proposed assessed value for the property.

1 § 58.1-3651.

Property exempt from taxation by classification or designation by ordinance R adopted by local governing body on or after January 1, 2003.

Pursuant to subsection 6 (a)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, any county, city, or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned by a nonprofit organization, including a single member limited liability company whose sole member is a nonprofit organization, that uses such property for religious, charitable, patriotic, of 36 historical, benevolent, cultural, or public park and playground purposes.

afterB. holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard.

Any ordinance exempting property by designation pursuant to subsection A shall be adopted only after holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard.

Whether the organization is exempt from taxation pursuant to § 501(c) of the Internal Revenue Cod2.Code of 1954;

2.

As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material ser5.services;

5.

Whether a substantial part of the activities of the organization involves carrying on propaganda, or of 38 otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office;

of 36 4.

Partial payment of delinquent taxes, penalties, interest, or costs shall be insufficient to redeem the property and shall not operate to suspend, invalidate, or nullify any sale brought pursuant to of 38 this section.

At the time of sale, the treasurer or other officer responsible for collecting taxes shalEshall sell to the highest bidder at public auction each parcel that has not been redeemed by the owner.

Such sale shall be free and clear of the locality's tax lien, but shall not affect easements or other rights of record recorded prior to the date of sale or liens recorded prior to the date of sale unless the treasurer has Rivengiven the lienholder written notice of the sale at least 30 days prior to the sale, at the lienholder's address of taxesrecord shalland tenderthrough ahis specialregistered warrantyagent, deedif pursuantany. to this section to effectuate the conveyance of theing parcel to the highest bidder.

LThe I.treasurer or other officer responsible for collecting taxes shall tender a special warranty deed pursuant to this section to effectuate the conveyance of the parcel to the highest bidder.

I.

The sale proceeds shall be applied first to the costs of sale, then to the taxes, peEalty,penalty, interest, and fees due on the parcel, and thereafter to any other taxes or other charges owed by the former owner to the jurisdiction.

D J.

Any excess proceeds shall remain the property of the former owner, subject to claims of creditors, and shall be kept by the treasurer or other officer responsible for collecting taxes in an interest-bearing forescrow collectingaccount. taxes under this section, the treasurer or officer holding the funds shall forward the funds to the locality's circuit court clerk to be interpleaded along with a copy of the claim for excess proceeds.

If any petition for excess proceeds is made to the treasurer or other officer responsible for collecting taxes under this section, the treasurer or officer holding the funds shall forward the funds to the locality's circuit court clerk to be interpleaded along with a copy of the claim for excess proceeds.

The burden of scheduling a hearing with the circuit court on the claim shall be that of the claimant and shall be made within two Hearsyears of the date of the sale of the property that generated the excess funds.

In the event that funds remain with the court two years after the date of the sale, the locality may petition to have the funds dis1ributeddistributed to the locality's general fund.

If no claim for payment of excess proceeds is made within two year1years after the date of sale, the treasurer or other responsible officer shall deposit the excess proceeds Rnin the jurisdiction's general fund.

If the sale does not produce a successful bidder, the treasurer or other responsible officer shall add§add 62.1-44.15:33.the costs of sale incurred by the jurisdiction to the delinquent real estate account.

§ 62.1-44.15:33.

Localities that are VSMP authorities are authorized to adopt more stringent stormwater management ordinances than those necessary to ensure compliance with the Board's minimum regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a MS4 permit or a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address TMDL requirements, to protect exceptional state waters, or to address specific existing water pollution including of 36 nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances a public hearing is held after giving due notice.

Any such letter report shall include a summary explanation as to why the more stringent of an affected landowner or his agent submitted to the Department with a copy to be sent to the locality, within 90 days after adoption of any such ordinance or derivative requirement, localities shall submit the ordinance or requirement andhas allbeen otherdetermined supporting materials to thebe Departmentnecessary for a determination of whether the requirements of this section have been met and whether any determination made by the locality pursuant to this sectionsection. is supported by the evidence.

Upon the request of an affected landowner or his agent submitted to the Department with a copy to be sent to the locality, within 90 days after adoption of any such ordinance or derivative requirement, localities shall submit the ordinance or requirement and all other supporting materials to the Department for a determination of whether the requirements of this section have been met and whether any determination made by the locality pursuant to this section is supported by the evidence.

conditions,1. the locality serving as a VSMP authority shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disturbing of 38 project based on a review of the stormwater management plan and project site conditions.

When the Director or the Board approves the use of any BMP in accordance with its stated conditions, the locality serving as a VSMP authority shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disturbing project based on a review of the stormwater management plan and project site conditions.

Localities that are serving as VESMP authorities are authorized to adopt more stringent soil erosion control or stormwater management ordinances than those necessary to ensure compliance with the Board's minimum regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of an MS4 permit or a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting of 36 more stringent ordinances a public hearing is held after giving due notice.

of 38 C.

E 1.

When the Director or the Board approves the use of any BMP in accordance with its stated conditions, the locality serving as a VESMP authority shall have authority to preclude the onsite use of the approved BMP, or to require more stringent conditions upon its use, for a specific land-disRurbingland-disturbing project based on a review of the stormwater management plan and project site conditions.

Such purportedlylimitations authorizedshall pursuant to this subsection may be appealedbased toon thesite-specific Departmentconcerns. and thetioO Department shall issue a written determination regarding compliance with this section to the requesting party within 90 days of submission.

Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department and the Department shall issue a written determination regarding compliance with this section to the requesting party within 90 days of submission.

L 2.

When a locality is seeking to uniformly preclude jurisdiction-wide or otherwise limit E geographically the use of a BMP approved by the Director or Board, or to apply more stringent conditions to the use of a BMP approved by the Director or Board, upon the request of an affected landowner or his agent submitted to the Department, with a copy submitted to the locality, within 90 days after adoption, such authorizing ordinances, design manuals, policies, or guidance documents developed by the locality that set forth the BMP use policy shall be provided to the Department in such manner as may be prescribed by the Department that includes a written justification and explanation ashas to why such more stringent limitation or conditions are determined to be necessary.

The Department shall review all supporting materials provided by the locality to determine whether the requirements of this section have been met and that any determination made by the locality pursuant to this secHionsection is reasonable under the circumstances.

Such a determination, or a failure by the Department to m1kemake such a determination within the 90-day period, may be appealed to the Board.

1 D.

Based on a determination made in accordance with subsection B or C, any ordinance or otheRother requirement enacted or established by a locality that is found to not comply with this section shall be null and void, replaced with state minimum standards, and remanded to the locality for revision to but neither enacted nor established shall be remanded to the locality for revision to ensure compliance with this section.

Any such ordinance or other requirement that has been proposed but neither enacted nor established shall be remanded to the locality for revision to ensure compliance with this section.

sedimentA. control regulations or ordinances than those necessary to ensure compliance with the Board'snd regulations, provided that the more stringent regulations or ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of an MS4 permit or a locally adopted watershed management study and are determined by the district or locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent regulations or ordinances, a public hearing is held after giving due notice.

NoticeAs part of sucha circulationVESCP, ina thedistrict or locality seekingis authorized to adopt themore ordinance,stringent soil erosion and sediment control regulations or ordinances than those necessary to ensure compliance with the firstBoard's publicationregulations, appearingprovided nothat the more thanstringent 14regulations daysor beforeordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the hearing.implementation of an MS4 permit or a locally adopted watershed management study and are determined by the district or locality to be necessary to prevent any further degradation to water resources, to of 36 address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent regulations or ordinances, a public hearing is held after giving due notice.

Notice of such hearing shall be given by publication once a week for two consecutive weeks in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 days before the hearing.

345A.345) Authorization for more stringent ordinances.

AsA. part of a VESCP, a locality is authorized to adopt more stringent soil erosion and sediment control ordinances than those necessary to ensure compliance with the Board's regulations, provided that of 38 the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances, a public hearing is held after giving due notice.

As part of a VESCP, a locality is authorized to adopt more stringent soil erosion and sediment control ordinances than those necessary to ensure compliance with the Board's regulations, provided that the more stringent ordinances are based upon factual findings of local or regional comprehensive watershed management studies or findings developed through the implementation of a locally adopted watershed management study and are determined by the locality to be necessary to prevent any further degradation to water resources, to address total maximum daily load requirements, to protect exceptional state waters, or to address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed and that prior to adopting more stringent ordinances, a public hearing is held after giving due notice.