Virginia 2024 Regular Session Status: Enacted

SB 413 — Local government; standardization of public notice requirements for certain meetings, hearings, etc.

Last action — Acts of Assembly Chapter text (CHAP0242)

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 28, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Local government; standardization of public notice requirements for certain meetings, hearings, or intended actions. Standardizes the frequency with which and length of time in which notices of certain meetings, hearings, and other intended actions of localities must be published. The notice provisions included in the bill are organized into three groups: (i) publication required at least seven days before the meeting, hearing, or intended action; (ii) publication required twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the meeting, hearing, or intended action; and (iii) publication required three times, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the meeting, hearing, or intended action. The bill also standardizes descriptive information in such notices related to (a) proposing, amending, or repealing ordinances; (b) local budget adoption; and (c) zoning ordinances and planning-related actions. This bill is identical to HB 1488.

Bill Text

What changed in the latest version

2860 added · 2726 removed

Plain-language change summary

The recent amendments to Bill SB 413 introduce a standardized set of public notice requirements for local government meetings and hearings in Virginia. This change affects several sections of the Code of Virginia, ensuring that citizens have better access to information about local government actions. By implementing these uniform rules, the bill aims to improve transparency and public engagement in local governance, which is crucial for fostering trust between communities and their leaders.

→
Previous
Latest
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 15.2-107, 15.2-201, 15.2-202, 15.2-301, 15.2-503, 15.2-603, 15.2-716, 15.2-1702, 15.2-1703, 15.2-1719, 15.2-2006, 15.2-2101, 15.2-2105, 15.2-2108.7, 15.2-2108.21,R1427, 15.2-2114, 15.2-2204, 15.2-2270, 15.2-2271, 15.2-2272, 15.2-2316.2, 15.2-2321, 15.2-2400, O 15.2-2401, 15.2-2409, 15.2-2506, 15.2-2507, 15.2-2606, 15.2-2610, 15.2-2652, 15.2-2653, 15.2-3236, 15.2-3242, 15.2-3400, 15.2-3401, 15.2-3504, 15.2-3600, 15.2-3805, 15.2-3913, 15.2-4311, 15.2-4313, 15.2-4405, 15.2-5136, 15.2-5156, 15.2-5403, 15.2-5431.25, 15.2-5704, 15.2-5806, 15.2-7502, 2L-114, 21-117.1, 21-146, 21-229, 21-393, 21-420, 22.1-37, 30-140, 33.2-331, 33.2-723, 33.2-909, 33.2-2001, 33.2-2101, 33.2-2701, 58.1-3245.2, 58.1-3245.8, 58.1-3321, and 62.1-44.15:33, as it is curreEtly effective and as it shall become effective, of the Code of Virginia, relating to local goverDment;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 242 An Act to amend and reenact §§ 15.2-107, 15.2-201, 15.2-202, 15.2-301, 15.2-503, 15.2-603, 15.2-716, 15.2-749, 15.2-903, 15.2-907.2, 15.2-909, 15.2-958.3, 15.2-958.6, 15.2-1201, 15.2-1301, 15.2-1427, 15.2-1702, 15.2-1703, 15.2-1719, 15.2-2006, 15.2-2101, 15.2-2105, 15.2-2108.7, 15.2-2108.21, 15.2-2114, 15.2-2204, 15.2-2270, 15.2-2271, 15.2-2272, 15.2-2316.2, 15.2-2321, 15.2-2400, 15.2-2401, 15.2-2409, 15.2-2506, 15.2-2507, 15.2-2606, 15.2-2610, 15.2-2652, 15.2-2653, 15.2-3236, 15.2-3242, 15.2-3400, 15.2-3401, 15.2-3504, 15.2-3600, 15.2-3805, 15.2-3913, 15.2-4311, 15.2-4313, 15.2-4405, 15.2-5136, 15.2-5156, 15.2-5403, 15.2-5431.25, 15.2-5704, 15.2-5806, 15.2-7502, 21-114, 21-117.1, 21-146, 21-229, 21-393, 21-420, 22.1-37, 30-140, 33.2-331, 33.2-723, 33.2-909, 33.2-2001, 33.2-2101, 33.2-2701, 58.1-3245.2, 58.1-3245.8, 58.1-3321, and 62.1-44.15:33, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to local government;
[S 413] Approved Be it enacted by the General Assembly of Virginia:
[S 413] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
That §§ 15.2-107, 15.2-201, 15.2-202, 15.2-301, 15.2-503, 15.2-603, 15.2-716, 15.2-749, 15.2B903, 15.2-907.2, 15.2-909, 15.2-958.3, 15.2-958.6, 15.2-1201, 15.2-1301, 15.2-1427, 15.2-1702, 15.2-1703, 15.2-2270, 15.2-2271, 15.2-2272, 15.2-2316.2, 15.2-2321, 15.2-2400, 15.2-2401, 15.2-2409, 15.2-E506, 15.2-2507, 15.2-2606, 15.2-2610, 15.2-2652, 15.2-2653, 15.2-3236, 15.2-3242, 15.2-3400, 15.2-3401, 15.2-3504, 15.2-3600, 15.2-3805, 15.2-3913, 15.2-4311, 15.2-4313, 15.2-4405, 15.2-5136, 15.2-5156, 15.2-5403, 15.2-5431.25, 15.2-5704, 15.2-5806, 15.2-7502, 21-114, 21-117.1, 21-146, 21-229, 21-393, 21-420, 22.1-37, 30-140, 33.2-331, 33.2-723, 33.2-909, 33.2-2001, 33.2-2101, 33.2-2701, 58.1-3245.2, 58.1-3245.8, 58.1-3321, and 62.1-44.15:33, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
That §§ 15.2-107, 15.2-201, 15.2-202, 15.2-301, 15.2-503, 15.2-603, 15.2-716, 15.2-749, 15.2-903, 15.2-907.2, 15.2-909, 15.2-958.3, 15.2-958.6, 15.2-1201, 15.2-1301, 15.2-1427, 15.2-1702, 15.2-1703, 15.2-1719, 15.2-2006, 15.2-2101, 15.2-2105, 15.2-2108.7, 15.2-2108.21, 15.2-2114, 15.2-2204, 15.2-2270, 15.2-2271, 15.2-2272, 15.2-2316.2, 15.2-2321, 15.2-2400, 15.2-2401, 15.2-2409, 15.2-2506, 15.2-2507, 15.2-2606, 15.2-2610, 15.2-2652, 15.2-2653, 15.2-3236, 15.2-3242, 15.2-3400, 15.2-3401, 15.2-3504, 15.2-3600, 15.2-3805, 15.2-3913, 15.2-4311, 15.2-4313, 15.2-4405, 15.2-5136, 15.2-5156, 15.2-5403, 15.2-5431.25, 15.2-5704, 15.2-5806, 15.2-7502, 21-114, 21-117.1, 21-146, 21-229, 21-393, 21-420, 22.1-37, 30-140, 33.2-331, 33.2-723, 33.2-909, 33.2-2001, 33.2-2101, 33.2-2701, 58.1-3245.2, 58.1-3245.8, 58.1-3321, and 62.1-44.15:33, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
(§ 15.2-2100 et seq.) or 22 (§ 15.2-2200 et seq.) shall be adopted by ordinance.
All levies and fees imposed or increased by a locality pursuant to the provisions of Chapters 21 (§ 15.2-2100 et seq.) or 22 (§ 15.2-2200 et seq.) shall be adopted by ordinance.
The advertising 21 requirements of subsection F of § 15.2-1427, or § 15.2-2204, as appropriate, shall apply, except as modified in this section.
The advertising requirements of subsection F of § 15.2-1427, or § 15.2-2204, as appropriate, shall apply, except as modified in this section.
the documentation for the proposed fee, levy or increase are available for examination by the public no later than the time of the first publication.
4.
A designation of the place or places where the complete ordinance and information concerning the documentation for the proposed fee, levy or increase are available for examination by the public no later than the time of the first publication.
At least ten seven days prior to the holding of such election, the text or an informative summary of the new charter or amendment desired shall be with § 15.2-1427.wspaper of general circulation in the locality public notice shall be given in accordance If a majority of the voters voting in such election vote in favor of such request, the locality shall transmit two certified copies of the results of such election together with the publisher's affidavit and the new charter or the amendments to the existing charter, to one or more members of the General Assembly representing such locality for introduction as a bill in the succeeding session of the General Assembly.
At least ten seven days prior to the holding of such election, the text or an informative summary of the new charter or amendment desired shall be published in a newspaper of general circulation in the locality public notice shall be given in accordance with § 15.2-1427.
If a majority of the voters voting in such election vote in favor of such request, the locality shall transmit two certified copies of the results of such election together with the publisher's affidavit and the new charter or the amendments to the existing charter, to one or more members of the General Assembly representing such locality for introduction as a bill in the succeeding session of the General Assembly.
If, at such such a bill incorporating such charter or amendments, the charter or amendments shall again bey over presented to the voters for their approval or submitted to a public hearing pursuant to § 15.2-202 before of 47 reintroduction in the General Assembly.
If, at such session, members of the General Assembly fail to enact or pass by indefinitely and do not carry over such a bill incorporating such charter or amendments, the charter or amendments shall again be presented to the voters for their approval or submitted to a public hearing pursuant to § 15.2-202 before reintroduction in the General Assembly.
procedure when bill not introduced or fails to pass in General Assembly.
procedure when bill not introduced or fails to of 45 pass in General Assembly.
A county may adopt one of the optional forms of government provided for in Chapters 4 through 8 of this title only after approval by voter referendum.
A county may adopt one of the optional forms of government provided for in Chapters 4 through of this title only after approval by voter referendum.
If a majority of the qualified voters voting in such referendum vote in favor of the election of a county chairman of the board from the county at large, beginning at the next general election for the board, the county chairman shall be elected for a term of the same length and commencing at the same of 47 time as that of other members of the board.
If a majority of the qualified voters voting in such referendum vote in favor of the election of a county chairman of the board from the county at large, beginning at the next general election for the board, the county chairman shall be elected for a term of the same length and commencing at the same time as that of other members of the board.
E C.
C.
The Rhairman shall represent the county at official functions and ceremonial events.
The chairman of 45 shall represent the county at official functions and ceremonial events.
The chairman shall have all voting article, as the board may prescribe.
The chairman shall have all voting and other rights, privileges, and duties of other board members and such other, not in conflict with this article, as the board may prescribe.
At the first meeting at the beginning of its term and any timeh this thereafter when necessary, the board shall elect a vice-chairman from its membership, who shall perform the duties of the chairman in his absence.
At the first meeting at the beginning of its term and any time thereafter when necessary, the board shall elect a vice-chairman from its membership, who shall perform the duties of the chairman in his absence.
L The governing body of any county which has adopted the county manager form of government, asE provided in Chapter 368 of the Acts of 1932, at an election held for that purpose pursuant to the provisions of said chapter, may by resolution petition the circuit court of the county requesting that a referendum be held on the following questions:
The governing body of any county which has adopted the county manager form of government, as provided in Chapter 368 of the Acts of 1932, at an election held for that purpose pursuant to the provisions of said chapter, may by resolution petition the circuit court of the county requesting that a referendum be held on the following questions:
(i) Shall the board of supervisors be elected solely by the qualified voters of each magisterial or election district, or by the qualified voters of the county at member from any district elected from and representing the county at large? The court, by order entered one of record in accordance with § 24.2-684, shall require the regular election officials on a day fixed in such order to open the polls and take the sense of the qualified voters of the county on the questions submitted as herein provided.
(i) Shall the board of supervisors be elected solely by the qualified voters of each magisterial or election district, or by the qualified voters of the county at large? (ii) Shall the board have in addition to the members from each magisterial or election district, one member from any district elected from and representing the county at large? The court, by order entered of record in accordance with § 24.2-684, shall require the regular election officials on a day fixed in such order to open the polls and take the sense of the qualified voters of the county on the questions submitted as herein provided.
The clerk of the circuit court of the county shall cause a noticeSof such referendum election to be published once a week for three consecutive weeks three times in a ne4spaper published or having a general circulation in the county and shall, with the first notice appear3ng no more than 35 days before and the third notice appearing no less than seven days before the refeRendum.
The clerk of the circuit court of the county shall cause a notice of such referendum election to be published once a week for three consecutive weeks three times in a newspaper published or having a general circulation in the county and shall, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the referendum.
Shall the board of supervisors be elected by the qualified voters of each magisterial or election dis[ ] By the qualified voters of each magisterial or election district.
Shall the board of supervisors be elected by the qualified voters of each magisterial or election district, or by the qualified voters of the county at large? [ ] By the qualified voters of each magisterial or election district.
The circuit court shall enter of record voters participating in such referendum election, and an election for members of the board by such method in that county shall be held at the next regular November election of such officers, and every four years thereafter.
The circuit court shall enter of record the fact of which method of election of supervisors has been chosen by a majority of the qualified voters participating in such referendum election, and an election for members of the board by such method in that county shall be held at the next regular November election of such officers, and every four years thereafter.
A referendum may be initiated by a petition signed by 200 or more qualified voters of the county filed with the circuit court, asking that a referendum be held on the question of whether the county shall order requiring the county election officials to open the polls at the regular election to be held inn November of such year on the question stated in such order.
A referendum may be initiated by a petition signed by 200 or more qualified voters of the county filed with the circuit court, asking that a referendum be held on the question of whether the county shall have a department of real estate assessments.
The court shall on or before August 1 enter of record an order requiring the county election officials to open the polls at the regular election to be held in November of such year on the question stated in such order.
real estate assessments, the board shall by ordinance establish such department, provide for thent of compensation of the department head and employees therein, and decide such other matters in relation to of 47 the powers and duties of the department, the department head and the employees, as the board deems proper.
If a majority of the voters voting in the referendum vote for the establishment of a department of real estate assessments, the board shall by ordinance establish such department, provide for the compensation of the department head and employees therein, and decide such other matters in relation to the powers and duties of the department, the department head and the employees, as the board deems proper.
All real estate shall be assessed at its fair market value as of January 1 of each year by the department and taxes for each year on such real estate shall be entered on the land book by the department in the name of the owner thereof.
All real estate shall be assessed at its fair market value as of January 1 of each year by the department and of 45 taxes for each year on such real estate shall be entered on the land book by the department in the name of the owner thereof.
of 47 B.
B.
The Counties of Bedford, Campbell, Caroline, Fauquier, Rockbridge, Shenandoah, Tazewell, Warren and York may adopt an ordinance imposing the screening of automobile graveyards and E junkyards, unless screening is impractical due to topography, as set forth in § 33.2-804.
The Counties of Bedford, Campbell, Caroline, Fauquier, Rockbridge, Shenandoah, Tazewell, Warren and York may adopt an ordinance imposing the screening of automobile graveyards and junkyards, unless screening is impractical due to topography, as set forth in § 33.2-804.
Any such ordinance may apply to any automobile graveyard or junkyard within the boundaries of such county regardless of the date on which any such automobile graveyard or junkyard may have come into R existence, notwithstanding the provisions of § 33.2-804.
Any such ordinance may apply to any automobile graveyard or junkyard within the boundaries of such county regardless of the date on which any such automobile graveyard or junkyard may have come into existence, notwithstanding the provisions of § 33.2-804.
for retail or commercial properties that have been vacant or abandoned for more than three years within designated areas consistent with the city's comprehensive plan.
C.
L § 15.2-907.2.
The City of Newport News may adopt an ordinance imposing screening or landscape screening for retail or commercial properties that have been vacant or abandoned for more than three years within designated areas consistent with the city's comprehensive plan.
§ 15.2-907.2.
L A.
of 45 A.
Any locality that has adopted an ordinance pursuant to § 15.2-907.1 may petition the circEit court for the appointment of the locality or a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following:
Any locality that has adopted an ordinance pursuant to § 15.2-907.1 may petition the circuit court for the appointment of the locality or a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following:
The locality has properly declared the subject property to be a derelict building in compliance with the2.
The locality has properly declared the subject property to be a derelict building in compliance with the provisions of § 15.2-907.1;
2.
The property owners are in noncompliance with the provisions of § 36-49.1:1 requiring abaSement of the blighted condition of the property;
The property owners are in noncompliance with the provisions of § 36-49.1:1 requiring abatement of the blighted condition of the property;
4 5.
5.
The locality has made bona fide efforts to ensure compliance by the property owners of th3 subject property with the requirements of §§ 15.2-907.1 and 36-49.1:1;
The locality has made bona fide efforts to ensure compliance by the property owners of the subject property with the requirements of §§ 15.2-907.1 and 36-49.1:1;
R 6.
6.
Show all 432 changed rows (392 more)
Previous
Latest
The repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not res8.
The repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not result in a change of use for zoning purposes of the subject property;
8.
Land Bank Entities Act (§ 15.2-7500 et seq.), to act as a receiver shall include affirmative statementsthe that the locality has satisfied each of the requirements of this section and further state that the locality has recorded a memorandum of lis pendens simultaneously with the filing of said petition.
B.
A petition by the locality to be appointed, or to appoint a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.), to act as a receiver shall include affirmative statements that the locality has satisfied each of the requirements of this section and further state that the locality has recorded a memorandum of lis pendens simultaneously with the filing of said petition.
seq.) appointed to be a receiver may enforce the receiver's lien by a sale of the property at publict auction, but only upon application for and entry of an order of sale by the circuit court.
C.
The locality or land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) appointed to be a receiver may enforce the receiver's lien by a sale of the property at public auction, but only upon application for and entry of an order of sale by the circuit court.
interest to the property shall be entitled to the surplus received in excess of the receiver's lien, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property.
Following such sale, the former owner or owners, or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess of the receiver's lien, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property.
of 47 At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D.
At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D.
and 2.
and of 45 2.
"Eligible properties" means all assessable commercial real estate located within the Commonwealth, with all buildings located or to be located thereon, whether vacant or occupied, whether improved or unimproved, and regardless of whether such real estate is currently subject to taxation by the locality, of 47 other than a residential dwelling with fewer than five dwelling units or a condominium as defined in § 55.1-2000 used for residential purposes.
"Eligible properties" means all assessable commercial real estate located within the Commonwealth, with all buildings located or to be located thereon, whether vacant or occupied, whether improved or unimproved, and regardless of whether such real estate is currently subject to taxation by the locality, other than a residential dwelling with fewer than five dwelling units or a condominium as defined in § 55.1-2000 used for residential purposes.
Common areas of real estate owned by a cooperative oE a property owners' association described in Subtitle IV (§ 55.1-1800 et seq.) of Title 55.1 that have a separate real property tax identification number are eligible properties.
Common areas of real estate owned by a cooperative or a property owners' association described in Subtitle IV (§ 55.1-1800 et seq.) of Title 55.1 that have a separate real property tax identification number are eligible properties.
R "Program administrator" means a third party that is contracted for professional services to administer a C"Resiliency improvement" means an improvement that increases the capacity of a structure or O infrastructure to withstand or recover from natural disasters, the effects of climate change, and attacks and accidents, including, but not limited to:
"Program administrator" means a third party that is contracted for professional services to administer a C-PACE loan program.
"Resiliency improvement" means an improvement that increases the capacity of a structure or infrastructure to withstand or recover from natural disasters, the effects of climate change, and attacks and accidents, including, but not limited to:
L 2.
2.
E 3.
3.
D 5.
5.
and B.
and 7.
Enhancement of the resilience capacity of a natural system, structure, or infrastructure.
of 45 B.
The ordinance may refer to the mode of financing as Commercial Property Assessed Clean Energy (C-PACE) financing and shall include butSnot be limited to the following:
The ordinance may refer to the mode of financing as Commercial Property Assessed Clean Energy (C-PACE) financing and shall include but not be limited to the following:
4 1.
1.
3 2.
2.
The proposed arrangement for such C-PACE loan program (loan program), including (i) a R statement concerning the source of funding for the C-PACE loan;
The proposed arrangement for such C-PACE loan program (loan program), including (i) a statement concerning the source of funding for the C-PACE loan;
and (iii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the C-PACE loan amo3.
and (iii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the C-PACE loan among the parties to the C-PACE transaction;
3.
In the case of a loan program described in clause (ii) of subdivision 3, a method for setting requests from owners of eligible properties for financing in priority order in the event that requests requests from owners of eligible properties who meet established income or assessed property valuehose eligibility requirements;
In the case of a loan program described in clause (ii) of subdivision 3, a method for setting requests from owners of eligible properties for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program.
Priority shall be given to those requests from owners of eligible properties who meet established income or assessed property value eligibility requirements;
The locality may combine the loan payments required by the contracts with billings for water or the order in which loan payments will be applied to the different charges.
The locality may combine the loan payments required by the contracts with billings for water or sewer charges, real property tax assessments, or other billings;
The locality may not combineish its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
in such cases, the locality may establish the order in which loan payments will be applied to the different charges.
The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
In order to secure the loan authorized pursuant to this section, the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such eligible improvements a manner that would allow the voluntary special assessment liens to remain in full force to secure thesuch loans.
In order to secure the loan authorized pursuant to this section, the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such eligible improvements are being installed.
The placement of a voluntary special assessment lien shall not require a new assessment on the of 47 value of the real property that is being improved under the loan program.
The locality may bundle or package said loans for transfer to private lenders in such a manner that would allow the voluntary special assessment liens to remain in full force to secure the loans.
The placement of a voluntary special assessment lien shall not require a new assessment on the value of the real property that is being improved under the loan program.
Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars.
Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at of 45 which interested persons may object to or inquire about the proposed loan program or any of its particulars.
of 47 E.
E.
In order to secure the loan authorized pursuant to this section, the locality is authorized to place a lien equal in value to the loan against any property where such septic system repair is being uEdertaken.
In order to secure the loan authorized pursuant to this section, the locality is authorized to place a lien equal in value to the loan against any property where such septic system repair is being undertaken.
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 Roans authorized pursuant to this section shall be liens on the property ranking on a parity with liens for a manner that would allow the liens to remain in full force to secure the loans.o private lendeOs in such F.
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.
The locality may bundle or package such loans for transfer to private lenders in such a manner that would allow the liens to remain in full force to secure the loans.
F.
The public hearing shall be published once a week for two successive weeks twice, with the first notice appearing no more than 14 28 days before and the second notice appearing no less tEan seven days before the hearing, in a newspaper of general circulation in the locality.
The public hearing shall be published once a week for two successive weeks twice, with the first notice appearing no more than 14 28 days before and the second notice appearing no less than seven days before the hearing, in a newspaper of general circulation in the locality.
The boards of supervisors of counties are hereby vested with the same powers and authority as the of the General Assembly passed in pursuance thereof.
The boards of supervisors of counties are hereby vested with the same powers and authority as the councils of cities and towns by virtue of the Constitution of the Commonwealth of Virginia or the acts of the General Assembly passed in pursuance thereof.
However, with the exception of ordinancesthe acts expressly authorized under Chapter 13 of Title 46.2, no ordinance shall be enacted under authority of this section regulating the equipment, operation, lighting or speed of motor-propelled vehicles operated on the public highways of a county unless it is uniform with the general laws of the CommonwealSh regulating such equipment, operation, lighting or speed and with the regulations of the Commonw4alth Transportation Board adopted pursuant to such laws.
However, with the exception of ordinances expressly authorized under Chapter 13 of Title 46.2, no ordinance shall be enacted under authority of this section regulating the equipment, operation, lighting or speed of motor-propelled vehicles operated on the public highways of a county unless it is uniform with the general laws of the Commonwealth regulating such equipment, operation, lighting or speed and with the regulations of the Commonwealth Transportation Board adopted pursuant to such laws.
Nothing in this section shall be construed 3o give the boards of supervisors any power to control or exercise supervision over signs, signals, marRing or traffic lights on any roads constructed and maintained by the Commonwealth Transportation Board.
Nothing in this section shall be construed to give of 45 the boards of supervisors any power to control or exercise supervision over signs, signals, marking or traffic lights on any roads constructed and maintained by the Commonwealth Transportation Board.
No powers or authority conferred upon the boards of supervisors of counties solely by this section shall be exercised within the corporate limits of any incorporated town except by agreement with the town couIn the County of Fairfax an ordinance may be adopted by the board of supervisors under this section after a descriptive notice of intention to propose the same for passage has been published once a week for two successive weeks in a newspaper having a general circulation in the county in accordance with § 15.2-1427.
No powers or authority conferred upon the boards of supervisors of counties solely by this section shall be exercised within the corporate limits of any incorporated town except by agreement with the town council.
In the County of Fairfax an ordinance may be adopted by the board of supervisors under this section after a descriptive notice of intention to propose the same for passage has been published once a week for two successive weeks in a newspaper having a general circulation in the county in accordance with § 15.2-1427.
Any county, city or town, or combination thereof, may enter voluntarily into an agreement with any other county, city or town, or combination thereof, whereby the locality may agree for any purpose services or facilities or any type of economic development project, to enter into binding fiscalic arrangements for fixed time periods, to exceed one year, to share in the benefits of the economic growth of their localities.
Any county, city or town, or combination thereof, may enter voluntarily into an agreement with any other county, city or town, or combination thereof, whereby the locality may agree for any purpose otherwise permitted, including the provision on a multi-jurisdictional basis of one or more public services or facilities or any type of economic development project, to enter into binding fiscal arrangements for fixed time periods, to exceed one year, to share in the benefits of the economic growth of their localities.
All such agreements, including those that address any issue provided for in Chapter 32, 33, 36, 38, 39, or 41, shall require, at least annually, a report from each locality that is a recipient of funds pursuant to the agreement to each of the other governing bodies of the participating localities that includes (i) the funds by the localities.
All such agreements, including those that address any issue provided for in Chapter 32, 33, 36, 38, 39, or 41, shall require, at least annually, a report from each locality that is a recipient of funds pursuant to the agreement to each of the other governing bodies of the participating localities that includes (i) the amount of money transferred among the localities pursuant to the agreement and (ii) the uses of such funds by the localities.
The terms and conditions of the revenue, tax base or economic growth-sharing agreement as provided in subsection A shall be determined by the affected localities and shall be approved by the governing body of each locality participating in the agreement, provided the governing body of each such locality first holds a public hearing, which shall be advertised once a week for two successive weeks twice, with the first notice appearing no more than 14 28 days before and the second notice locality.
The terms and conditions of the revenue, tax base or economic growth-sharing agreement as provided in subsection A shall be determined by the affected localities and shall be approved by the governing body of each locality participating in the agreement, provided the governing body of each such locality first holds a public hearing, which shall be advertised once a week for two successive weeks twice, with the first notice appearing no more than 14 28 days before and the second notice appearing no less than seven days before the hearing, in a newspaper of general circulation in the locality.
For purposes of this section, "revenue, tax base, of 47 and economic growth-sharing agreements" means any agreement authorized by subsection A which obligates any locality to pay another locality all or any portion of designated taxes or other revenues received by that political subdivision, but shall not include any interlocal service agreement.
For purposes of this section, "revenue, tax base, and economic growth-sharing agreements" means any agreement authorized by subsection A which obligates any locality to pay another locality all or any portion of designated taxes or other revenues received by that political subdivision, but shall not include any interlocal service agreement.
An ordinance may be amended or repealed in the same manner, or by the same procedure, in which, or by which, ordinances are adopted.
An ordinance may be amended or repealed in the same manner, or by the same procedure, in of 45 which, or by which, ordinances are adopted.
The notice shall contain the ballot question and a statement of of 47 not more than 500 words on the proposed question.
The notice shall contain the ballot question and a statement of not more than 500 words on the proposed question.
The explanation shall be presented in plain English, shall be limited to a neutral explanation, and shall not present arguments by either proponentsEor opponents of the proposal.
The explanation shall be presented in plain English, shall be limited to a neutral explanation, and shall not present arguments by either proponents or opponents of the proposal.
"Plain English" means written in nontechnical, readily understandable language using words of common everyday usage and avoidingR legal terms and phrases or other terms and words of art whose usage or special meaning primarily is limC.
"Plain English" means written in nontechnical, readily understandable language using words of common everyday usage and avoiding legal terms and phrases or other terms and words of art whose usage or special meaning primarily is limited to a particular field or profession.
C.
L D.
D.
The regular election officers of the county shall open the polls on the date specified inEsuch order and conduct the election in the manner provided by law.
The regular election officers of the county shall open the polls on the date specified in such order and conduct the election in the manner provided by law.
D "Shall a police force be established in the county and the sheriff's office be relieved of primary law-enforcement responsibilities? [ ] No" The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering the election.
"Shall a police force be established in the county and the sheriff's office be relieved of primary law-enforcement responsibilities? [ ] Yes [ ] No" The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering the election.
If a majority of the voters voting in the election vote "Yes," the court shall enter an order proclaiming the results of the electionSand a duly certified copy of such order shall be transmitted to the governing body of the county.
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 gove4ning body shall proceed to establish a police force following the enactment of authorizing legislati3n by the General Assembly.
The governing body shall proceed to establish a police force following the enactment of authorizing legislation by the General Assembly.
R E.
E.
The police force in any county which established the force subsequent to July 1, 1983, may be abolished and its responsibilities assumed by the sheriff's office after a referendum held pursuant to this section.
§ 15.2-1703.
Either (i) the voters of the county by petition signed by not less than ten percent of the registered voters therein on the January 1 preceding the filing of the petition or (ii) the governing body of the county, by resolution, may petition the circuit court for the county that a referendum be held on the question, "Shall the county police force be abolished and its responsibilities assumed by the county sheriff's office?" The court, by order entered of record in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, shall require the regular election officials of the county at the next general provided.
Referendum to abolish county police force.
The police force in any county which established the force subsequent to July 1, 1983, may be of 45 abolished and its responsibilities assumed by the sheriff's office after a referendum held pursuant to this section.
Either (i) the voters of the county by petition signed by not less than ten percent of the registered voters therein on the January 1 preceding the filing of the petition or (ii) the governing body of the county, by resolution, may petition the circuit court for the county that a referendum be held on the question, "Shall the county police force be abolished and its responsibilities assumed by the county sheriff's office?" The court, by order entered of record in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, shall require the regular election officials of the county at the next general election held in the county to open the polls and take the sense of the voters on the question as herein provided.
"Shall the county police force be abolished and its responsibilities assumed by the county sheriff's office? [ ] Yes [ ] No" voters voting in the election vote in favor of the question, 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.
"Shall the county police force be abolished and its responsibilities assumed by the county sheriff's office? [ ] Yes [ ] No" The election shall be held and the results certified as provided in § 24.2-684.
If a majority of the voters voting in the election vote in favor of the question, 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.
Any locality may provide by ordinance for (i) the public sale in accordance with the provisions of this section or (ii) the retention for use by the law-enforcement agency, of any unclaimed personal of more than 60 days, after payment of a reasonable storage fee to the sheriff or other agency storing such property.
Any locality may provide by ordinance for (i) the public sale in accordance with the provisions of this section or (ii) the retention for use by the law-enforcement agency, of any unclaimed personal property which has been in the possession of its law-enforcement agencies and unclaimed for a period of more than 60 days, after payment of a reasonable storage fee to the sheriff or other agency storing such property.
No storage fee shall be charged or accounted for if such property has been stored by and of 47 is to be retained by the sheriff's office or other law-enforcement agency.
No storage fee shall be charged or accounted for if such property has been stored by and is to be retained by the sheriff's office or other law-enforcement agency.
§ 15.2-2006.
of 45 § 15.2-2006.
Before granting any franchise, privilege, lease or right of any kind to use any public property described in § 15.2-2100 or easement of any description, for a term in excess of five years, except in the case of and for a trunk railway, the city or town proposing to make the grant shall advertise a descriptive give notice of the ordinance proposing to make the grant once a week for two successive of 47 weeks in a newspaper having general circulation in the city or town in accordance with § 15.2-1427.
Before granting any franchise, privilege, lease or right of any kind to use any public property described in § 15.2-2100 or easement of any description, for a term in excess of five years, except in the case of and for a trunk railway, the city or town proposing to make the grant shall advertise a descriptive give notice of the ordinance proposing to make the grant once a week for two successive weeks in a newspaper having general circulation in the city or town in accordance with § 15.2-1427.
The descriptive notice of the ordinance may also be advertised as many times in such other newsEaper or newspapers, published outside the city, town or Commonwealth, as the council may determine.
The descriptive notice of the ordinance may also be advertised as many times in such other newspaper or newspapers, published outside the city, town or Commonwealth, as the council may determine.
R B.
B.
The advertisement shall invite bids for the franchise, privilege, lease or right proposed to be advertisement and shall be opened in public session and marked for identification by the personO in the designated in the advertisement to receive such bids.
The advertisement shall invite bids for the franchise, privilege, lease or right proposed to be granted in the ordinance.
The bids shall be in writing and delivered upon the day and hour named in the advertisement and shall be opened in public session and marked for identification by the person designated in the advertisement to receive such bids.
E No amendment or extension of any franchise, right, lease or privilege that now exists, or that may hereafter be authorized, which extends or enlarges the time or territory of such franchise, right, lease or privilege, shall be granted by any city or town until the provisions of §§ 15.2-2101 through 15.2-2104 have been complied with.
No amendment or extension of any franchise, right, lease or privilege that now exists, or that may hereafter be authorized, which extends or enlarges the time or territory of such franchise, right, lease or privilege, shall be granted by any city or town until the provisions of §§ 15.2-2101 through 15.2-2104 have been complied with.
No amendment that releases the grantee, or his assignee, from the be made by such grantee or assignee shall be granted until notice of such proposed amendment hasrges to given to the public by advertising the proposed amendment for ten seven days in some newspaper having general circulation in the city or town.
No amendment that releases the grantee, or his assignee, from the performance of any duty required by the ordinance or that authorizes an increase in the user charges to be made by such grantee or assignee shall be granted until notice of such proposed amendment has given to the public by advertising the proposed amendment for ten seven days in some newspaper having general circulation in the city or town.
No such amendmeSt shall be adopted except by ordinance.
No such amendment shall be adopted except by ordinance.
4 § 15.2-2108.7.
§ 15.2-2108.7.
3 A.
A.
If the results of the feasibility study satisfy the revenue requirements of subsection D Rf § 15.2-2108.6, the governing body shall, at the next regular meeting after the governing body receives the results of the feasibility study, schedule at least two public hearings to be held at least seven days apart, but both shall be held not more than 60 days from the date of the meeting at which the public to present the results of the feasibility study, and to inform the public about the feasibility study results and offer the public the opportunity to ask questions of the feasibility consultant about the results of the feasibility study.
If the results of the feasibility study satisfy the revenue requirements of subsection D of § 15.2-2108.6, the governing body shall, at the next regular meeting after the governing body receives the results of the feasibility study, schedule at least two public hearings to be held at least seven days apart, but both shall be held not more than 60 days from the date of the meeting at which the public hearings are scheduled.
The purpose of such public hearings shall be to allow the feasibility consultant to present the results of the feasibility study, and to inform the public about the feasibility study results and offer the public the opportunity to ask questions of the feasibility consultant about the results of the feasibility study.
Except as provided in subsection C, the municipality shall publish notice of the public hearings required under subsection A at least once a week for three consecutive weeks three times in a newspaper of general circulation in the municipality, with the first notice appearing no more than 21 35 days before and the third notice appearing no less than seven days before the first public hearing.
Except as provided in subsection C, the municipality shall publish notice of the public hearings required under subsection A at least once a week for three consecutive weeks three times in a newspaper of general circulation in the municipality, with the first notice appearing no more than21 35 days before and the third notice appearing no less than seven days before the first public hearing.
The last publication of notice required under this subsection shall be at least three days before the first public hearing required under subsection A.
The of 45 last publication of notice required under this subsection shall be at least three days before the first public hearing required under subsection A.
municipality shall post at least one notice of the hearings in a conspicuous place within the municipality that is likely to give notice of the hearings to the greatest number of residents of the municipality.
C.
If there is no newspaper of general circulation in the municipality, for each 1,000 residents the municipality shall post at least one notice of the hearings in a conspicuous place within the municipality that is likely to give notice of the hearings to the greatest number of residents of the municipality.
An ordinance cable franchise, which shall have a term of 15 years, may be requested by (i) a rights-of-way in a locality through a franchise;
An ordinance cable franchise, which shall have a term of 15 years, may be requested by (i) a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise;
In order to obtain an ordinance cable franchise, an applicant shall first file with the chief administrative officer of the locality from which it seeks to receive such ordinance cable franchise a applicant shall request and make itself available to participate in cable franchise negotiations with the locality from which it seeks to receive a negotiated cable franchise at least 45 calendar days prior to of 47 filing a notice electing an ordinance cable franchise;
In order to obtain an ordinance cable franchise, an applicant shall first file with the chief administrative officer of the locality from which it seeks to receive such ordinance cable franchise a request to negotiate the terms and conditions of a negotiated cable franchise under § 15.2-2108.20.
An applicant shall request and make itself available to participate in cable franchise negotiations with the locality from which it seeks to receive a negotiated cable franchise at least 45 calendar days prior to filing a notice electing an ordinance cable franchise;
The acquisition, as permitted by § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;
The acquisition, as permitted by § 15.2-1800, of real and personal property, and interest therein, of 45 necessary to construct, operate and maintain stormwater control facilities;
However, of 47 prior to adoption of any ordinance pursuant to this section related to the enlargement, improvement, or maintenance of privately owned dams, a locality shall comply with the notice provisions of § 15E2-1427 and hold a public hearing.
However, prior to adoption of any ordinance pursuant to this section related to the enlargement, improvement, or maintenance of privately owned dams, a locality shall comply with the notice provisions of § 15.2-1427 and hold a public hearing.
A federal, state, or local government, or public entity, that holds a permit to dischargeRstormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to pro2.
A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to property covered by any such permit;
and 2.
L D.
D.
A locality adopting such a system shall provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such other facility, system, or praEtice whereby stormwater runoff produced by the property is retained and treated on site in accordance with a stormwater management plan approved pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.
A locality adopting such a system shall provide for full or partial waivers of charges to any person who installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings or other such other facility, system, or practice whereby stormwater runoff produced by the property is retained and treated on site in accordance with a stormwater management plan approved pursuant to Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1.
No locality shall Environmental Quality when such permit is required by statute or regulation.the Department of E.
No locality shall provide a waiver to any person who does not obtain a stormwater permit from the Department of Environmental Quality when such permit is required by statute or regulation.
A locality adopting such a system may provide for full or partial waivers of charges to cemeteries, property owned or operated by the locality administering the program, and public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or Sollutant loadings, or decrease the cost of maintaining or operating the public stormwater management sys4em.
E.
A locality adopting such a system may provide for full or partial waivers of charges to cemeteries, property owned or operated by the locality administering the program, and public or private entities that implement or participate in strategies, techniques, or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public stormwater management system.
Any locality may issue general obligation bonds or revenue bonds in order to finance the 3ost of infrastructure and equipment for a stormwater control program.
Any locality may issue general obligation bonds or revenue bonds in order to finance the cost of infrastructure and equipment for a stormwater control program.
Infrastructure and equipment shaRl include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system.
Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system.
The procedure for the issuance with the procedure for issuance of such bonds as set forth in the Public Finance Act (§ 15.2-2600 ety seq.).
The procedure for the issuance of any such general obligation bonds or revenue bonds pursuant to this section shall be in conformity with the procedure for issuance of such bonds as set forth in the Public Finance Act (§ 15.2-2600 et seq.).
No locality shall combine its to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision has givent its consent by duly adopted resolution or ordinance.
No locality shall combine its billings with those of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance.
Any two or more localities may enter into cooperative agreements concerning the management of stormwater.
Any two or more localities may enter into cooperative agreements concerning the management of of 45 stormwater.
public-private partnership program, to be known as a stormwater management private property program, in order to promote cost-effectiveness in reducing excessive stormwater flow or pollutant loadings or in making other stormwater improvements authorized pursuant to this section.
J.
Any locality that establishes a system of charges pursuant to this section may establish a public-private partnership program, to be known as a stormwater management private property program, in order to promote cost-effectiveness in reducing excessive stormwater flow or pollutant loadings or in making other stormwater improvements authorized pursuant to this section.
locality deems appropriate, including by making payments to property owners in excess of the value of any applicable waivers pursuant to subsections D and E;
4.
and of 47 5.
Enter into contracts at its discretion to secure improvements on terms and conditions that the locality deems appropriate, including by making payments to property owners in excess of the value of any applicable waivers pursuant to subsections D and E;
and 5.
Notice sent by registered or certified 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.
Notice sent by registered or certified mail to the last known address of such owner as shown on the of 45 current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement.
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.
For more than 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 of 47 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.
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.
Nothing in this subsection shall be construed as toEinvalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved.
Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved.
R The governing body may provide that, in the case of a condominium or a cooperative, the written lieu of each individual unit owner.ners' association or proprietary lessees' association, respeOtively, in Whenever the notices required hereby are sent by an agency, department or division of the local governing body, or their representative, such notices may be sent by first class mail;
The governing body may provide that, in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.
Whenever the notices required hereby are sent by an agency, department or division of the local governing body, or their representative, such notices may be sent by first class mail;
E 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.
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.
a proposed change in zoning map 50 percent of the bulk or height of an existing or proposed building, but not including renewals ofer than 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 his4designee, of such adjoining locality.
a proposed change in zoning map classification;
3 D.
or an application for special exception for a change in use or to increase by greater than 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.
When (i) a proposed comprehensive plan or amendment thereto, (ii) a proposed change in zoRing map classification, or (iii) an application for special exception for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public-use airport then, in be given by the local commission, or its representative, at least 30 days before the hearing to theall also commander of the military base, military installation, military airport, or owner of such public-use airport, and the notice shall advise the military commander or owner of such public-use airport of the opportunity to submit comments or recommendations.
D.
When (i) a proposed comprehensive plan or amendment thereto, (ii) a proposed change in zoning map classification, or (iii) an application for special exception for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public-use airport 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 30 days before the hearing to the commander of the military base, military installation, military airport, or owner of such public-use airport, and the notice shall advise the military commander or owner of such public-use airport of the opportunity to submit comments or recommendations.
Every action contesting a decision of a locality based on a failure to advertise or give notice as may be required by this chapter shall be filed within 30 days of such litigation pending prior to July 1, 1996, shall not be affected by the 1996 amendment to this section.
Every action contesting a decision of a locality based on a failure to advertise or give notice as may be required by this chapter shall be filed within 30 days of such decision with the circuit court having jurisdiction of the land affected by the decision.
However, any litigation pending prior to July 1, 1996, shall not be affected by the 1996 amendment to this section.
When any applicant requesting a written order, requirement, decision, or determination from the appeal provisions contained in § 15.2-2311 or 15.2-2314, is not the owner or the agent of the owner ofe the real property subject to the written order, requirement, decision or determination, written notice shall be given to the owner of the property within 10 days of the receipt of such request.
When any applicant requesting a written order, requirement, decision, or determination from the of 45 zoning administrator, other administrative officer, or a board of zoning appeals that is subject to the appeal provisions contained in § 15.2-2311 or 15.2-2314, is not the owner or the agent of the owner of the real property subject to the written order, requirement, decision or determination, written notice shall be given to the owner of the property within 10 days of the receipt of such request.
This subsection shall not apply to inquiries from the governing body, planning commission, or emp§ 15.2-2270.
This subsection shall not apply to inquiries from the governing body, planning commission, or employees of the locality made in the normal course of business.
§ 15.2-2270.
Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and of 47 easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of the following methods:
Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of the following methods:
An appeal from the adoption of the ordinance may be filed within thirty days of the adoption of the ordinance with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated.
An appeal from the adoption of the ordinance may be filed within thirty days of the adoption of the ordinance with of 45 the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated.
In cases where any lot has been sold, the plat or part thereof may be vacated according to either of of 47 the following methods:
In cases where any lot has been sold, the plat or part thereof may be vacated according to either of the following methods:
By instrument in writing agreeing to the vacation signed by all the owners of lots shown En the plat and also signed on behalf of the governing body of the locality in which the land shown on the plat or part thereof to be vacated lies for the purpose of showing the approval of the vacation by the governing body.
By instrument in writing agreeing to the vacation signed by all the owners of lots shown on the plat and also signed on behalf of the governing body of the locality in which the land shown on the plat or part thereof to be vacated lies for the purpose of showing the approval of the vacation by the governing body.
In cases involving drainage easements or street rights-of-way where the vacatioR does not impede or alter drainage or access for any lot owners other than those lot owners immediately signatures of the lot owners immediately adjoining or contiguous to the vacated area.
In cases involving drainage easements or street rights-of-way where the vacation does not impede or alter drainage or access for any lot owners other than those lot owners immediately adjoining or contiguous to the vacated area, the governing body shall only be required to obtain the signatures of the lot owners immediately adjoining or contiguous to the vacated area.
The wordiO the "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner.
The word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner.
E 2.
2.
The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the may appear at the meeting for the purpose of objecting to the adoption of the ordinance.
The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the governing body at which the adoption of the ordinance will be voted upon.
An appealn from the adoption of the ordinance may be filed within thirty days with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated.
Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance.
Upon appeal the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparabSy damaged.
An appeal from the adoption of the ordinance may be filed within thirty days with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated.
If no appeal from the adoption of the ordinance is filed within the time above provided or if t4e ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in3the clerk's office of any court in which the plat is recorded.
Upon appeal the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged.
R Roads within the secondary system of highways may be vacated under either of the preceding methods and the action will constitute abandonment of the road, provided the land shown on the plat or part thereof to be vacated has been the subject of a rezoning or special exception application approved agent is notified in writing prior to the public hearing, and provided further that the vacation is necessary in order to implement a proffered condition accepted by the governing body pursuant to §§ 15.2-2297, 15.2-2298 or 15.2-2303 or to implement a condition of special exception approval.
If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office of any court in which the plat is recorded.
Roads within the secondary system of highways may be vacated under either of the preceding methods and the action will constitute abandonment of the road, provided the land shown on the plat or part thereof to be vacated has been the subject of a rezoning or special exception application approved following public hearings required by § 15.2-2204 and provided the Commissioner of Highways or his agent is notified in writing prior to the public hearing, and provided further that the vacation is necessary in order to implement a proffered condition accepted by the governing body pursuant to §§ 15.2-2297, 15.2-2298 or 15.2-2303 or to implement a condition of special exception approval.
order to conserve and promote the public health, safety, and general welfare, establish procedures,ay, in methods, and standards for the transfer of development rights within its jurisdiction.
A.
Pursuant to the provisions of this article, the governing body of any locality by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction.
These instruments shall be executed by the property owners of the shall identify the development rights being severed, and the sending properties or the receivingnts properties, as applicable;
These instruments shall be executed by the property owners of the development rights being transferred, and any lien holders of such property owners.
The instruments shall identify the development rights being severed, and the sending properties or the receiving properties, as applicable;
4.
of 45 4.
A map or other description of areas designated as sending and receiving areas for the transfer of dev7.
A map or other description of areas designated as sending and receiving areas for the transfer of development rights between properties;
7.
of 47 8.
8.
The owner of a property may sever development rights from the sending property, pursuant to the provisions of this act.
The owner of a property may sever development rights from the sending property, pursuant to the of 45 provisions of this act.
Once a deed for transferable development of 47 rights, created pursuant to this act, has been recorded in the land records of the office of the circuit court clerk for the locality to reflect the transferable development rights sold, conveyed, or Etherwise transferred by the owner of the sending property, the development rights shall vest in the grantee and may be transferred by such grantee to a successor in interest.
Once a deed for transferable development rights, created pursuant to this act, has been recorded in the land records of the office of the circuit court clerk for the locality to reflect the transferable development rights sold, conveyed, or otherwise transferred by the owner of the sending property, the development rights shall vest in the grantee and may be transferred by such grantee to a successor in interest.
Nothing herein shall be construed to prevent the owner of the sending property from recording a deed covenant against the sending prRperty severing the development rights on said property, with the owner of the sending property retaining receiving area shall be in accordance with the provisions of the ordinance adopted pursuant to thisn a article.
Nothing herein shall be construed to prevent the owner of the sending property from recording a deed covenant against the sending property severing the development rights on said property, with the owner of the sending property retaining ownership of the severed development rights.
L I.
Any transfer of the development rights to a property in a receiving area shall be in accordance with the provisions of the ordinance adopted pursuant to this article.
For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is severed from and recorded as a distinct interest in real property, or the transferable developmEnt right is used at a receiving property and becomes appurtenant thereto.
I.
For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is severed from and recorded as a distinct interest in real property, or the transferable development right is used at a receiving property and becomes appurtenant thereto.
Upon transferable development right shall be assessed at its fair market value on a separate real estate tax bill sent to the owner of said development right as taxable real estate in accordance with Article 1 (§ 58.1-3200 et seq.) of Chapter 32 of Title 58.1.
Upon severance from the sending property and recordation as a distinct interest in real property, the transferable development right shall be assessed at its fair market value on a separate real estate tax bill sent to the owner of said development right as taxable real estate in accordance with Article 1 (§ 58.1-3200 et seq.) of Chapter 32 of Title 58.1.
The development right shall be taxed as taxable real estate by the local jurisdiction where the sending property is located, until such time as the Sevelopment right becomes attached to a receiving property, at which time it shall be taxed as taxable real4estate by the local jurisdiction where the receiving property is located.
The development right shall be taxed as taxable real estate by the local jurisdiction where the sending property is located, until such time as the development right becomes attached to a receiving property, at which time it shall be taxed as taxable real estate by the local jurisdiction where the receiving property is located.
3 J.
J.
The owner of a sending property from which development rights are severed shall provide aRcopy of the instrument, showing the deed book and page number, or instrument or GPIN, to the real estate tax assessor for the locality.
The owner of a sending property from which development rights are severed shall provide a copy of the instrument, showing the deed book and page number, or instrument or GPIN, to the real estate tax assessor for the locality.
Localities, from time to time as the locality designates sending and receiving areas, shall incL.
Localities, from time to time as the locality designates sending and receiving areas, shall incorporate the map identified in subdivision B 6 into the comprehensive plan.
L.
A county adopting an ordinance pursuant to this article may designate eligible receiving areas in any incorporated town within such county, if the governing body of the town has also amended its zoning ordinance to designate the same areas as eligible to receive density being transferred from jurisdiction where the sending property is located, until such time as the development right becomesl attached to a receiving property, at which time it shall be taxed as taxable real estate by the local jurisdiction where the receiving property is located.
A county adopting an ordinance pursuant to this article may designate eligible receiving areas in any incorporated town within such county, if the governing body of the town has also amended its zoning ordinance to designate the same areas as eligible to receive density being transferred from sending areas in the county.
The development right shall be taxed as taxable real estate by the local jurisdiction where the sending property is located, until such time as the development right becomes attached to a receiving property, at which time it shall be taxed as taxable real estate by the local jurisdiction where the receiving property is located.
However, if any such agreement contains any provision addressing any issue provided for in Chapter 32 (§ 15.2-3200 et seq.), 41 (§ 15.2-4100 et seq.), the agreement shall be subject to the review and implementation processseq.), or established by Chapter 34 (§ 15.2-3400 et seq.).
However, if any such agreement contains any provision addressing any issue provided for in Chapter 32 (§ 15.2-3200 et seq.), (§ 15.2-3300 et seq.), 36 (§ 15.2-3600 et seq.), 38 (§ 15.2-3800 et seq.), 39 (§ 15.2-3900 et seq.), or (§ 15.2-4100 et seq.), the agreement shall be subject to the review and implementation process established by Chapter 34 (§ 15.2-3400 et seq.).
localities for an order affirming the proposed agreement.
2.
The circuit court shall be limited in its decision to either affirming or denying the agreement and shall have no authority, without the express approval of 47 of each local governing body, to amend or change the terms or conditions of the agreement, but shall have the authority to validate the agreement and give it full force and effect.
The governing bodies shall petition a circuit court having jurisdiction in one or more of the of 45 localities for an order affirming the proposed agreement.
The circuit court shall be limited in its decision to either affirming or denying the agreement and shall have no authority, without the express approval of each local governing body, to amend or change the terms or conditions of the agreement, but shall have the authority to validate the agreement and give it full force and effect.
Notice of such hearing shall be published once a week for three consecutive weeks three times in a newspaper of general circulation of 47 within the city, with the first notice appearing no more than 21 35 days before and the third notice appearing no less than seven days before the election.
Notice of such hearing shall be published once a week for three consecutive weeks three times in a newspaper of general circulation within the city, with the first notice appearing no more than 21 35 days before and the third notice of 45 appearing no less than seven days before the election.
Any person interested may answer the petEtion and make defense thereto.
Any person interested may answer the petition and make defense thereto.
R Upon the petition of the city council and of not less than 50 voters of the territory proposed to be after notice and hearing as provided above, any service district may be extended and enlarged by orderitory, of the circuit court for the city which order shall prescribe the metes and bounds of the territory so added.
Upon the petition of the city council and of not less than 50 voters of the territory proposed to be added, or if such territory contains less than 100 voters, of fifty percent of the voters of such territory, after notice and hearing as provided above, any service district may be extended and enlarged by order of the circuit court for the city which order shall prescribe the metes and bounds of the territory so added.
L The notice may be given by personal service on all persons entitled to such notice, except (E) notice to an infant, a mentally incapacitated person or other person under a disability may be served on his guardian, conservator or committee;
The notice may be given by personal service on all persons entitled to such notice, except (i) notice to an infant, a mentally incapacitated person or other person under a disability may be served on his guardian, conservator or committee;
or (iii) in any case when the owner is a nonresident or when the owner's residence is not known, such once a week for four successive weeks, with the first notice appearing no more than 35 days before andty the third notice appearing no less than seven days before the parties are cited to appear.
or (iii) in any case when the owner is a nonresident or when the owner's residence is not known, such notice may be given by publication three times in a newspaper having general circulation in the locality once a week for four successive weeks, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the parties are cited to appear.
In lieu of such personal service on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same twice in a newspaper having general circulation in the locality, oSce a week for two successive weeks;
In lieu of such personal service on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same twice in a newspaper having general circulation in the locality, once a week for two successive weeks;
the second publication shall be made at least seven days with th4 first notice appearing no more than 28 days before and the second notice appearing no less than seven3days before the parties are cited to appear.
the second publication shall be made at least seven days with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the parties are cited to appear.
Any landowner wishing to make objections to an assessmeRt or apportionment may appear in person or by counsel and state such objections.
Any landowner wishing to make objections to an assessment or apportionment may appear in person or by counsel and state such objections.
informative and fiscal planning purposes only, shall be published once in a newspaper having generalor circulation in the locality affected, and notice given of one or more public hearings, at least seven days prior to the date set for hearing, at which any citizen of the locality shall have the right to attend and state his views thereon.
A brief synopsis of the budget that, except in the case of the school division budget, shall be for informative and fiscal planning purposes only, shall be published once in a newspaper having general circulation in the locality affected, and notice given of one or more public hearings, at least seven days prior to the date set for hearing, at which any citizen of the locality shall have the right to attend and state his views thereon.
With respect to held at least seven days prior to the approval of that budget as prescribed in § 22.1-93.
With respect to the school division budget, which shall include the estimated required local match, such hearing shall be held at least seven days prior to the approval of that budget as prescribed in § 22.1-93.
The governing body may adjourn such book.ng from time to time.
The governing body may adjourn such hearing from time to time.
The fact of such notice and hearing shall be entered of record in the minute In no event, including school division budgets, shall such preparation, publication, and approval be deemed to be an appropriation.
The fact of such notice and hearing shall be entered of record in the minute book.
In no event, including school division budgets, shall such preparation, publication, and approval be deemed to be an appropriation.
However, any budget must be accomplished by publishing a notice of a meeting and a public hearing once in ated newspaper having general circulation in that locality at least seven days prior to the meeting date in of 47 accordance with § 15.2-1427.
However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date in accordance with § 15.2-1427.
B.
of 45 B.
Upon the filing of the motion for judgment the court shall fix the time and place for hearing the proceeding and shall enter an order requiring the publication of the motion for judgment or a summary of it approved by the court, together with the order setting forth the time and place of the hearing, once a week for two consecutive weeks twice in a newspaper published or having general circulation in the jurisdiction where the issuer is located, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the date fixed for hearing.
Upon the filing of the motion for judgment the court shall fix the time and place for hearing the proceeding and shall enter an order requiring the publication of the motion for judgment or a summary of it approved by the court, together with the order setting forth the time and place of the hearing, once a week for two consecutive weeks twice in a newspaper published or having general circulation in the jurisdiction where the issuer is located, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the date fixed for the hearing.
By the publication of the motion for judgment or summary and the order, all taxpayers, property owners and citizens of the jurisdiction where the issuer is located, including nonresidents owning property in or subject to taxation by it, and all other persons having or claiming any right, title or interest in any property or funds affected in any way by the issuance of the bonds, or having or claiming to have any right or interest in the subject matter of the motion for judgment, shall be considered parties defendant in the proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as a defendant in the motion for judgment and personally of 47 served with process.
By the publication of the motion for judgment or summary and the order, all taxpayers, property owners and citizens of the jurisdiction where the issuer is located, including nonresidents owning property in or subject to taxation by it, and all other persons having or claiming any right, title or interest in any property or funds affected in any way by the issuance of the bonds, or having or claiming to have any right or interest in the subject matter of the motion for judgment, shall be considered parties defendant in the proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as a defendant in the motion for judgment and personally served with process.
service on member of governinE body, etc.
service on member of governing body, etc.
Any person, corporation, or association desiring to contest the issuance of any bonds pursuant to the provisions of this chapter, or any other law, general or special, shall proceed by filing a motRon for judgment within thirty days after the filing of the resolution or ordinance authorizing the issuance of the for or the results of a referendum, within thirty days after the date that the result of the election for the issuance of the bonds is certified, in the court having jurisdiction as provided in § 15.2-2651.
Any person, corporation, or association desiring to contest the issuance of any bonds pursuant to the provisions of this chapter, or any other law, general or special, shall proceed by filing a motion for judgment within thirty days after the filing of the resolution or ordinance authorizing the issuance of the bonds with the circuit court having jurisdiction over the issuer, or in contesting the validity of a petition of 45 for or the results of a referendum, within thirty days after the date that the result of the election for the issuance of the bonds is certified, in the court having jurisdiction as provided in § 15.2-2651.
UponEthe filing of a motion for judgment, the court shall fix a time and place for hearing the proceeding and shall enter an order requiring the publication of the motion for judgment or a summary of it approved by the court, together with the order setting forth the time and place of the hearing, once a week for two consecutive weeks twice in a newspaper published or having general circulation in the jurisdiction where the issuer appearing no less than seven days before the date fixed for the hearing.
Upon the filing of a motion for judgment, the court shall fix a time and place for hearing the proceeding and shall enter an order requiring the publication of the motion for judgment or a summary of it approved by the court, together with the order setting forth the time and place of the hearing, once a week for two consecutive weeks twice in a newspaper published or having general circulation in the jurisdiction where the issuer is located, with the first notice appearing no more than 14 28 days before and the second notice appearing no less than seven days before the date fixed for the hearing.
S § 15.2-3236.
§ 15.2-3236.
4 Whenever it is deemed desirable to contract the corporate limits of any city or town, the co3ncil thereof may enact an ordinance defining accurately the boundary of the territory proposed to beR abandoned.
Whenever it is deemed desirable to contract the corporate limits of any city or town, the council thereof may enact an ordinance defining accurately the boundary of the territory proposed to be abandoned.
The ordinance, or a descriptive summary of the ordinance, along with a reference of the place in the city or town where the ordinance may be examined, shall be published three times in at least ten issues of a daily paper having general circulation in the city or town, if there is such a paper, there is such a paper.
The ordinance, or a descriptive summary of the ordinance, along with a reference of the place in the city or town where the ordinance may be examined, shall be published three times in at least ten issues of a daily paper having general circulation in the city or town, if there is such a paper, or in two successive issues of a weekly newspaper having general circulation in such city or town, if there is such a paper.
The county in which the part of the town proposed to be abandoned under § 15.2-3241 is located summary of the petition along with a reference to the place in the town where the petition may beve examined, has been published in a newspaper having general circulation in the county or town once a week for four successive weeks and has been posted at the front door of the courthouse of the county for a like period three times, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the filing of the petition, shall be filed with the petition.
The county in which the part of the town proposed to be abandoned under § 15.2-3241 is located shall be named as defendant to the petition.
Satisfactory proof that the petition, or a descriptive summary of the petition along with a reference to the place in the town where the petition may be examined, has been published in a newspaper having general circulation in the county or town once a week for four successive weeks and has been posted at the front door of the courthouse of the county for a like period three times, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the filing of the petition, shall be filed with the petition.
Recognizing that the localities of the Commonwealth may be able to settle the matters provided for beneficial to the orderly growth and continued viability of the localities of the Commonwealth thee following provisions are made:
Recognizing that the localities of the Commonwealth may be able to settle the matters provided for in this subtitle through voluntary agreements and further recognizing that such a resolution can be beneficial to the orderly growth and continued viability of the localities of the Commonwealth the following provisions are made:
The terms of the agreement may include fiscal arrangements, land use arrangements, zoning arrangements, subdivision arrangements and arrangements for infrastructure, revenue and economic growth sharing, provisions for the acceptance on each other's behalf of proffered conditions under § 15.2-2298 or 15.2-2303, dedication of all or any portion of tax revenues to a revenue and economic joint exercise or delegation of powers as well as the modification or waiver of specific annexation,e transition or immunity rights as determined by the local governing body including opposition to petitions of 47 filed pursuant to § 15.2-3203, and such other provisions as the parties deem in their best interest.
The terms of the agreement may include fiscal arrangements, land use arrangements, zoning arrangements, subdivision arrangements and arrangements for infrastructure, revenue and economic growth sharing, provisions for the acceptance on each other's behalf of proffered conditions under § 15.2-2298 or 15.2-2303, dedication of all or any portion of tax revenues to a revenue and economic growth sharing account, boundary line adjustments, acquisition of real property and buildings and the joint exercise or delegation of powers as well as the modification or waiver of specific annexation, transition or immunity rights as determined by the local governing body including opposition to petitions filed pursuant to § 15.2-3203, and such other provisions as the parties deem in their best interest.
Upon receipt of the Commission report, the localities, by ordinance passed by a recorded affirmative vote of a majority of the members of each governing body thereof, may adopt either the original or a modified agreement acceptable to all parties.
Upon receipt of the Commission report, the localities, by ordinance passed by a recorded of 45 affirmative vote of a majority of the members of each governing body thereof, may adopt either the original or a modified agreement acceptable to all parties.
"Shall (name of county) be authorized to contract a debt by entering into a contract for the payment (describe the debt or payment) to (name of locality to whom payments are to be made) as a part of the proposed voluntary annexation and immunity settlement agreement between the county and (name of other locality)? of 47 [ ] Yes [ ] No" E The clerk of the county shall cause a notice of the referendum to be published three times in a newspaper having general circulation in the county once a week for three consecutive weeks, the first such notice of which must be published not more than 21 days prior to, with the first notice apRearing no more than 35 days before and the third notice appearing no less than seven days before the election, andThe 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.
"Shall (name of county) be authorized to contract a debt by entering into a contract for the payment (describe the debt or payment) to (name of locality to whom payments are to be made) as a part of the proposed voluntary annexation and immunity settlement agreement between the county and (name of other locality)? [ ] Yes [ ] No" The clerk of the county shall cause a notice of the referendum to be published three times in a newspaper having general circulation in the county once a week for three consecutive weeks, the first such notice of which must be published not more than 21 days prior to, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the election, and shall post a copy of the notice at the door of the county courthouse.
The election shall be held and the results thereof ascertained and certified in accordance with Article (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2.
L § 15.2-3504.
§ 15.2-3504.
E The governing body of each of the consolidating localities shall cause a copy of the consolidation agreement, or a descriptive summary of the agreement and a reference to the place within the locality where a copy of the agreement may be examined, to be published in each locality with which it is proposed to consolidate at least once a week for four successive weeks three times in a newspaper third notice appearing no less than seven days before the adoption of the consolidated agreement innd the accordance with § 15.2-3502.
The governing body of each of the consolidating localities shall cause a copy of the consolidation of 45 agreement, or a descriptive summary of the agreement and a reference to the place within the locality where a copy of the agreement may be examined, to be published in each locality with which it is proposed to consolidate at least once a week for four successive weeks three times in a newspaper having a general circulation therein, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the adoption of the consolidated agreement in accordance with § 15.2-3502.
S A petition signed by 100 voters of any community may be presented to the circuit court for t4e county in which such community, or the greater part thereof, is situated, requesting that the c3mmunity be incorporated as a town.
A petition signed by 100 voters of any community may be presented to the circuit court for the county in which such community, or the greater part thereof, is situated, requesting that the community be incorporated as a town.
A plat showing the boundaries of the community shall be attached to Rhe petition.
A plat showing the boundaries of the community shall be attached to the petition.
The plat shall be prepared by a registered surveyor in a form suitable for recording in the clerk's office county attorney, the attorney for the Commonwealth, and each member of the governing body of there is no county or counties wherein the area sought to be incorporated lies.
The plat shall be prepared by a registered surveyor in a form suitable for recording in the clerk's office of the circuit court.
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 county or counties wherein the area sought to be incorporated lies.
The following have been published once a week for three successive weeks three times in a newspaper having general circulation in the county, with the first publication appearing no more than 21 35 days before and the third publication appearing no less than seven days before the petition will be presented:
The following have been published once a week for three successive weeks three times in a newspaper having general circulation in the county, with the first publication appearing no more than 21 days before and the third publication appearing no less than seven days before the petition will be presented:
b.
a.
Notice of the time and place the petition would be presented;
and b.
orition would be presented;
or c.
and c.
A copy of the order shall be published at least once a week for two successive weeks twice in a newspaper of general circulation in the county and in the adjoining or adjacent counties and cities, with the first notice appearing no more than 28 day§ 15.2-3913.
A copy of the order shall be published at least once a week for two successive weeks twice in a newspaper of general circulation in the county and in the adjoining or adjacent counties and cities, with the first notice appearing no more than 28 days and the second notice appearing no less than seven days before the time fixed by the special court.
§ 15.2-3913.
adoption of charter by special court.
adoption of charter by governing body.
governing body.
Upon completion of the hearing the governing body shall adopt the cha§ 15.2-4311.
Upon completion of the hearing the governing body shall adopt the charter with such revisions as it may accept.
Review of districts.y accept.
§ 15.2-4311.
The local governing body may complete a review of any district created under this section, together of 47 with additions to such district, no less than four years but no more than ten years after the date of its creation and every four to ten years thereafter.
Review of districts.
The local governing body may complete a review of any district created under this section, together with additions to such district, no less than four years but no more than ten years after the date of its creation and every four to ten years thereafter.
The governing body may stipulate conditions to continuation of the district and may establish a period before the next review of the district, which may be different from the conditions or period established when the district was created.
The governing body may stipulate conditions to continuation of the district and may establish a of 45 period before the next review of the district, which may be different from the conditions or period established when the district was created.
If the local governing body finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action of 47 for a period of 150 days from the date the notice was filed and (ii) hold a public hearing, as prescribed by law, concerning the proposed action.
If the local governing body finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of 150 days from the date the notice was filed and (ii) hold a public hearing, as prescribed by law, concerning the proposed action.
The hearing shall be held where the local governing bodE usually meets or at a place otherwise easily accessible to the district.
The hearing shall be held where the local governing body usually meets or at a place otherwise easily accessible to the district.
The locality shall publish notice in a newspaper having a general circulation within the district no less than seven days before the hearing, and mail individual notice of the hearing to the political subdivisions whose territory encompaRses or is part of the district, and the agency, corporation or political subdivision proposing to take the action.
The locality shall publish notice in a newspaper having a general circulation within the district no less than seven days before the hearing, and mail individual notice of the hearing to the political subdivisions whose territory encompasses or is part of the district, and the agency, corporation or political subdivision proposing to take the action.
proposed action.
Before the conclusion of the 150-day period, the local governing body shall issue a final order on the proposed action.
Unless the local governing body, by an affirmative vote of a majority of all then the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action.
Unless the local governing body, by an affirmative vote of a majority of all the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action.
If the agency, corporation or political subdivision is aggrieved by tEe final order of the local governing body, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located.
If the agency, corporation or political subdivision is aggrieved by the final order of the local governing body, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located.
§ 15.2-4405.
Creation of districts of local significance.
A participating locality shall have the authority to create agricultural, forestal, or agricultural and forestal districts of local significance by the adoption of a general ordinance establishing a local districts program according to the provisions of this chapter.
A participating locality shall have the authority to create agricultural, forestal, or agricultural and forestal districts of local significance by the adoption of a general ordinance establishing a local districts of 45 program according to the provisions of this chapter.
In participating localities where such an ordinance has been adopted by the local governiSg body, any owner or owners of land may submit an application pursuant to § 15.2-4403 to the locality f4r the creation of an agricultural, forestal, or an agricultural and forestal district of local signif3cance within such locality.
In participating localities where such an ordinance has been adopted by the local governing body, any owner or owners of land may submit an application pursuant to § 15.2-4403 to the locality for the creation of an agricultural, forestal, or an agricultural and forestal district of local significance within such locality.
Each individual district of local significance shall have a core of no less thanRthe minimum acreage specified in the general ordinance, which minimum acreage in no case shall be less than 20 acres in one parcel or contiguous parcels, provided that (i) any noncontiguous parcel that is not part of the core may be included in a district of local significance if the nearest boundary of such previously been included in a district of local significance.
Each individual district of local significance shall have a core of no less than the minimum acreage specified in the general ordinance, which minimum acreage in no case shall be less than 20 acres in one parcel or contiguous parcels, provided that (i) any noncontiguous parcel that is not part of the core may be included in a district of local significance if the nearest boundary of such noncontiguous parcel is within one-quarter of a mile of the core and (ii) such noncontiguous parcel had previously been included in a district of local significance.
Provide notice of the proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in three conspicuous places within the agricultural, forestal, or agricultural and forestal district of local significance has been submitted to the local governing body, that a copy of the application is on file open to public inspection in the office of the clerk, that any proposals for modifications of the district shall be filed within 30 days, that any owner included in the proposal may withdraw his land, in whole or in part, at any time until the local governing body makes a final decision as to the constitution of the district pursuant to subsection D, and that hearing dates of the planning commission and local governing body shall be published and posted within 30 days.
Provide notice of the proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in three conspicuous places within the jurisdiction in which the proposed district is located.
The notice shall state that an application for an agricultural, forestal, or agricultural and forestal district of local significance has been submitted to the local governing body, that a copy of the application is on file open to public inspection in the office of the clerk, that any proposals for modifications of the district shall be filed within 30 days, that any owner included in the proposal may withdraw his land, in whole or in part, at any time until the local governing body makes a final decision as to the constitution of the district pursuant to subsection D, and that hearing dates of the planning commission and local governing body shall be published and posted within 30 days.
recommendations concerning the proposal and proposed modifications;
shall be reviewed by (i) the advisory committee, which shall report to the local planning commission its recommendations concerning the proposal and proposed modifications;
(ii) the planning commission,ion its which, after receiving the report of the advisory committee, shall hold a public hearing as prescribed in subsection E, and shall report its recommendations concerning the proposal and proposed modifications to the local governing body;
(ii) the planning commission, which, after receiving the report of the advisory committee, shall hold a public hearing as prescribed in subsection E, and shall report its recommendations concerning the proposal and proposed modifications to the local governing body;
Public hearings required to be held by the planning commission and local governing body shall be con1.
Public hearings required to be held by the planning commission and local governing body shall be conducted in the following manner:
1.
of 47 2.
2.
In judging significance, any relevant agricultural and forest maps may be considered as well as soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest products, the extent and nature of farm and forest improvements, evidence of commitment to long-term farm and forest use, anticipated trends in agricultural and forest economic conditions and technology, and such other factors as may be relevant.
of 45 In judging significance, any relevant agricultural and forest maps may be considered as well as soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest products, the extent and nature of farm and forest improvements, evidence of commitment to long-term farm and forest use, anticipated trends in agricultural and forest economic conditions and technology, and such other factors as may be relevant.
However, the authority may fix rates and charges for services of its sewer or sewage disposal system sufficient to pay all or any part of the cost of operating and maintaining its water system, including of 47 distribution and disposal, and all or any part of the principal of or the interest on the revenue bonds issued for such water system, and to pledge any surplus revenues of its water system, subject tE prior pledges thereof, for such purposes.
However, the authority may fix rates and charges for services of its sewer or sewage disposal system sufficient to pay all or any part of the cost of operating and maintaining its water system, including distribution and disposal, and all or any part of the principal of or the interest on the revenue bonds issued for such water system, and to pledge any surplus revenues of its water system, subject to prior pledges thereof, for such purposes.
An authority may charge fair and reasonable rates, fees, and charges to create reserves for expRnsion of its water and sewer or sewage disposal systems.
An authority may charge fair and reasonable rates, fees, and charges to create reserves for expansion of its water and sewer or sewage disposal systems.
Such rates, fees, and charges shall be reviewed by the reasonable.
Such rates, fees, and charges shall be reviewed by the authority periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable.
However, any authority may charge and collect rates, fees, and charges to create a reserved fund for reasonable expansion of its water, sewer, or sewage disposal system.
However, any authority may charge and collect rates, fees, and charges to create a reserve fund for reasonable expansion of its water, sewer, or sewage disposal system.
E 1.
1.
D 3.
3.
4.
The type or character of such premises;
S F.
F.
The authority may also fix rates and charges for the services and facilities of a water s4stem or a refuse collection and disposal system sufficient to pay all or any part of the cost of operatin3 and maintaining facilities incident thereto for the generation or transmission of power and all or Rny part of the principal of or interest upon the revenue bonds issued for any such facilities incident thereto, and to pledge any surplus revenues from any such system, subject to prior pledges thereof, for such purposes.
The authority may also fix rates and charges for the services and facilities of a water system or a refuse collection and disposal system sufficient to pay all or any part of the cost of operating and maintaining facilities incident thereto for the generation or transmission of power and all or any part of the principal of or interest upon the revenue bonds issued for any such facilities incident thereto, and to of 45 pledge any surplus revenues from any such system, subject to prior pledges thereof, for such purposes.
Charges for services to premises, including services to manufacturing and industrial plants, obtaining all gauging or metering or in any other manner approved by the authority.r system may be determined by G.
Charges for services to premises, including services to manufacturing and industrial plants, obtaining all or a part of their water supply from sources other than a public water system may be determined by gauging or metering or in any other manner approved by the authority.
G.
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, in accordance with § 15.2-1427 shall be published once a week for two successive weeks in a newspaper having a general circulation in the area to be served by hearing may be adjourned from time to time.
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, in accordance with § 15.2-1427 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 or facilities, with the first notice appearing no more than 14 days before the hearing.
A copy of the notice shall be mailed to the governingng.
The hearing may be adjourned from time to time.
The bodies of all localities in which such systems or facilities or any part thereof is located.
A copy of the notice shall be mailed to the governing bodies of all localities in which such systems or facilities or any part thereof is located.
The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional properties thereafter served which fall within the same class, without be made in the manner provided in subsection G.
The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional properties thereafter served which fall within the same class, without the necessity of a hearing or notice.
Any other change or revision of the rates, fees orn shall charges may be made in the same manner as the rates, fees or charges were originally established as provided in subsection G.
Any increase in any rates, fees or charges under this section shall be made in the manner provided in subsection G.
Any other change or revision of the rates, fees or charges may be made in the same manner as the rates, fees or charges were originally established as provided in subsection G.
An ordinance or resolution creating a community development authority shall not be adopted or approved until a public hearing has been held by the governing body on the question of its adoption or times in a newspaper of general circulation within the locality, with the first notice appearing no more than 21 35 days before and the third notice appearing no less than seven days before the hearing.
An ordinance or resolution creating a community development authority shall not be adopted or approved until a public hearing has been held by the governing body on the question of its adoption or approval.
The of 47 petitioning landowners shall bear the expense of publishing the notice.
Notice of the public hearing shall be published once a week for three successive weeks three times in a newspaper of general circulation within the locality, with the first notice appearing no more than 21 35 days before and the third notice appearing no less than seven days before the hearing.
The petitioning landowners shall bear the expense of publishing the notice.
The foregoing referendum requirement shall not apply to the Town of Elkton if the Town creates an authority by an ordinance that includes articles of incorporation which comply with the provisions of § 15.2-5404 and also set forth a statement that such authority shall have only the Town as its sole member throughout its life.
The foregoing referendum of 45 requirement shall not apply to the Town of Elkton if the Town creates an authority by an ordinance that includes articles of incorporation which comply with the provisions of § 15.2-5404 and also set forth a statement that such authority shall have only the Town as its sole member throughout its life.
A copy of the schedule or schedules of the final rates, fees and charges fixed in accordance with of 47 subsection B shall be kept on file in the office of the clerk or secretary of the governing body of the locality, 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 B shall be kept on file in the office of the clerk or secretary of the governing body of the locality, and shall be open to inspection by all interested parties.
The rates, fees or chargesEso fixed for any class of users or property served shall be extended to cover any additional properties thereafter served which fall within the same class, without the necessity of a hearing or notice.
The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional properties thereafter served which fall within the same class, without the necessity of a hearing or notice.
Any increase in any rates, fees or charges under this section shall be made in the manner provided in subsectioR B.
Any increase in any rates, fees or charges under this section shall be made in the manner provided in subsection B.
Any other change or revision of the rates, fees or charges may be made in the same manner as the rates, fees or D.
Any other change or revision of the rates, fees or charges may be made in the same manner as the rates, fees or charges were originally established as provided in subsection B.
D.
L § 15.2-5704.
§ 15.2-5704.
E Each authority shall be deemed to be performing essential governmental functions providing for the public health and welfare, and is authorized and empowered:
Each authority shall be deemed to be performing essential governmental functions providing for the public health and welfare, and is authorized and empowered:
D 1.
1.
3.
To adopt an official seal and alter the same at pleasure;
To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate and maintain parks within, or partly within and partly outside, one or more of the participating localities;Sto acquire by gift, purchase or the exercise of the right of eminent domain lands or rights in land or wat4r rights in connection therewith;
To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate and maintain parks within, or partly within and partly outside, one or more of the participating localities;
and to sell, lease as lessor, transfer or dispose of any property or inte3est therein acquired by it;
to acquire by gift, purchase or the exercise of the right of eminent domain lands or rights in land or water rights in connection therewith;
however, the power of eminent domain shall not extend beyond the geographical lRmits of the localities composing the authority;
and to sell, lease as lessor, transfer or dispose of any property or interest therein acquired by it;
however, the power of eminent domain shall not extend beyond the geographical limits of the localities composing the authority;
To locate and operate a retail fee-based electric vehicle charging station on property under the locality, authority, and authorized visitors;
To locate and operate a retail fee-based electric vehicle charging station on property under the jurisdiction of the authority;
to provide that the use of such station is restricted to the employees of the locality, authority, and authorized visitors;
10.
of 45 10.
of this or any adjoining state, on such terms as the authority shall deem proper, for the construction,on operation and maintenance of any park which is partly in this Commonwealth and partly in such adjoining state;
12.
To contract with any municipality, county, person or any public authority or political subdivision of this or any adjoining state, on such terms as the authority shall deem proper, for the construction, operation and maintenance of any park which is partly in this Commonwealth and partly in such adjoining state;
The governing body of any participating locality, notwithstanding any contrary provision of law, general or special, is authorized and empowered to transfer jurisdiction over, to lease, lend, grant or convey to the authority, upon the request of the authority, upon such terms and conditions as the governing body of such locality may agree with the authority as reasonable and fair, real or personal operation or maintenance of a park, including public roads and other property already devoted to public, use.
The governing body of any participating locality, notwithstanding any contrary provision of law, general or special, is authorized and empowered to transfer jurisdiction over, to lease, lend, grant or convey to the authority, upon the request of the authority, upon such terms and conditions as the governing body of such locality may agree with the authority as reasonable and fair, real or personal property as may be necessary or desirable in connection with the acquisition, construction, improvement, operation or maintenance of a park, including public roads and other property already devoted to public use.
To make and enter into all contracts and agreements necessary or incidental to the performance agreements securing any revenue bonds or revenue refunding bonds issued hereunder;t agreement or trust 16.
To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including a trust agreement or trust agreements securing any revenue bonds or revenue refunding bonds issued hereunder;
16.
of 47 17.
17.
C.
of 45 C.
The governing body of a locality shall not adopt an ordinance creating a land bank entity pursuant to § 15.2-7501 or designating a planning district commission or an existing nonprofit entity pursuant to of 47 § 15.2-7512 until notice of intention to do so has been published once a week for two successive weeks twice in some newspaper published or having general circulation in the locality, with the firstE publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing.
The governing body of a locality shall not adopt an ordinance creating a land bank entity pursuant to § 15.2-7501 or designating a planning district commission or an existing nonprofit entity pursuant to § 15.2-7512 until notice of intention to do so has been published once a week for two successive weeks twice in some newspaper published or having general circulation in the locality, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing.
After the public hearing hasRbeen conducted pursuant to this section, the governing body shall be empowered to create a land bank entity or § 21-114.
After the public hearing has been conducted pursuant to this section, the governing body shall be empowered to create a land bank entity or designate a planning district commission or an existing nonprofit entity.
Hearing and notice thereof.ion or an existing nonprofit entity.
§ 21-114.
O Upon the filing of the petition, the governing body of a county shall fix a day for a hearing on the question of the proposed sanitary district, which hearing shall embrace a finding of fact of whether creation of the proposed district or enlargement of the existing district is necessary, practical, fiscally responsible, and supported by at least 50 percent of persons who own real property in (i) the pEoposed district or (ii) in cases of enlargement, the area proposed to be included in an existing district.
Hearing and notice thereof.
All interested persons who reside in or who own real property in (a) a proposed district or (b) an existing district in cases of enlargement shall have the right to appear and show cause why the property under consideration should or should not be included in the proposed district or enlargement of same at such hearing shall be given by publication once a week for three consecutive weeks three times in some newspaper of general circulation within the county to be designated by the governing body, with the first publication appearing no more than 21 35 days before and the third publication appearing no less than seven days before the hearing.
Upon the filing of the petition, the governing body of a county shall fix a day for a hearing on the question of the proposed sanitary district, which hearing shall embrace a finding of fact of whether creation of the proposed district or enlargement of the existing district is necessary, practical, fiscally responsible, and supported by at least 50 percent of persons who own real property in (i) the proposed district or (ii) in cases of enlargement, the area proposed to be included in an existing district.
No such district shall be created until the notice has beenSgiven and the hearing had.
All interested persons who reside in or who own real property in (a) a proposed district or (b) an existing district in cases of enlargement shall have the right to appear and show cause why the property under consideration should or should not be included in the proposed district or enlargement of same at such hearing.
4 § 21-117.1.
Such hearing shall be subject to minimum standards regarding timeliness;
notice of such hearing shall be given by publication once a week for three consecutive weeks three times in some newspaper of general circulation within the county to be designated by the governing body, with the first publication appearing no more than 21 35 days before and the third publication appearing no less than seven days before the hearing.
No such district shall be created until the notice has been given and the hearing had.
§ 21-117.1.
3 Any sanitary district heretofore or hereafter created in any county under the provisions of Rhe preceding sections of this article may be abolished by ordinance adopted by the governing body of such county, upon the petition of no less than 50 qualified voters residing within the boundaries of the district desired to be abolished or, if the district contains less than 100 qualified voters, upon petition of 50 perUpon 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 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.
Any sanitary district heretofore or hereafter created in any county under the provisions of the preceding sections of this article may be abolished by ordinance adopted by the governing body of such county, upon the petition of no less than 50 qualified voters residing within the boundaries of the district desired to be abolished or, if the district contains less than 100 qualified voters, upon petition of 50 percent of the qualified voters residing within the boundaries of such district.
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 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.
hearing.nterested parties may appear and be heard on any matters pertaining to the subject of the Upon the hearing, such ordinance shall be adopted as to the governing body of the county may seem 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 sanitary 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 the purposes for which the sanitary district was created are impractical or impossible of accomplishment and no obligations have been incurred by said sanitary district.
of 45 Any interested parties may appear and be heard on any matters pertaining to the subject of the hearing.
Upon the hearing, such ordinance shall be adopted as to the governing body of the county may seem 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 sanitary 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 the purposes for which the sanitary district was created are impractical or impossible of accomplishment and no obligations have been incurred by said sanitary district.
§ 21-146.
Notice of hearing on petition for creation.
Such notice shall set forth the petition as filed, but need not set forth the signatures desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.
Such notice shall set forth the petition as filed, but need not set forth the signatures or exhibits thereto, and shall state the time and place of hearing and that at such hearing all persons desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.
of 47 § 21-229.
§ 21-229.
Such 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 the membership of the county school board or of a member from a new school district.
Such 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 the membership of the of 45 county school board or of a member from a new school district.
As used in this section, "financial transactions" shall not include financial transactions involving of 47 notes, bonds, or other evidences of indebtedness of such entity the proceeds of which are held or advanced by a corporate trustee or other financial institution and not received or disbursed diEectly by such entity.
As used in this section, "financial transactions" shall not include financial transactions involving notes, bonds, or other evidences of indebtedness of such entity the proceeds of which are held or advanced by a corporate trustee or other financial institution and not received or disbursed directly by such entity.
In the event an audit is not required, the entity shall file a statement under oath certifying that the transactions did not exceed such sum and, as to all transactions involving notes, bonds, or othRr evidences of indebtedness that are exempted, the statement shall be accompanied by an affidavit from agreement governing such transactions.
In the event an audit is not required, the entity shall file a statement under oath certifying that the transactions did not exceed such sum and, as to all transactions involving notes, bonds, or other evidences of indebtedness that are exempted, the statement shall be accompanied by an affidavit from the trustee or financial institution certifying that it has performed the duties required under the agreement governing such transactions.
In the case of a water and sewer authority required by a governing body to have an audit conducted as specified in § 15.2-5145, the authority shall file the certified audit with the Auditor of PEblic Accounts.
In the case of a water and sewer authority required by a governing body to have an audit conducted as specified in § 15.2-5145, the authority shall file the certified audit with the Auditor of Public Accounts.
At the time the report required by this section is filed with the Auditor of Public Accounts every such authority, commission, district, or other political subdivision, except those exempted from the audit report requirement, shall publish, in a newspaper of general circulation in the county, city, or town statement reflecting the financial condition of the authority, commission, district, or other political subdivision, which shall include a reference to where the a detailed statement reflecting the financial condition of the authority, commission, district, or other political subdivision may be found.
At the time the report required by this section is filed with the Auditor of Public Accounts every such authority, commission, district, or other political subdivision, except those exempted from the audit report requirement, shall publish, in a newspaper of general circulation in the county, city, or town wherein the authority, commission, district, or other political subdivision is located, a summary statement reflecting the financial condition of the authority, commission, district, or other political subdivision, which shall include a reference to where the a detailed statement reflecting the financial condition of the authority, commission, district, or other political subdivision may be found.
Any provision of law, general or special, which by its terms requires an audit that is not rSquired by this section shall be repealed to the extent of any conflict.
Any provision of law, general or special, which by its terms requires an audit that is not required by this section shall be repealed to the extent of any conflict.
4 § 33.2-331.
§ 33.2-331.
six-year plan for secondary state highways;3 certain reimbursements required.
six-year plan for secondary state highways;
R For purposes of this section, "cancellation" means complete elimination of a highway construction or improvement project from the six-year plan.
certain reimbursements required.
The governing body of each county in the secondary state highway system may, jointly with the plan for the improvements to the secondary state highway system in that county.
For purposes of this section, "cancellation" means complete elimination of a highway construction or improvement project from the six-year plan.
Each such six-yearr plan shall be based upon the best estimate of funds to be available to the county for expenditure in the six-year period on the secondary state highway system.
The governing body of each county in the secondary state highway system may, jointly with the representatives of the Department as designated by the Commissioner of Highways, prepare a six-year plan for the improvements to the secondary state highway system in that county.
Each such six-year plan shall be based upon the best estimate of funds to be available to the county for expenditure in the six-year period on the secondary state highway system.
Following the preparation of the plan in any year in which a proposed new funding allocation is greater than $100,000, the board of supervisors or other local governing body shall conduct a public hearing after publishing notice twice in a newspaper published in or having general circulation in the county once a week for two successive weeks, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing, and posting notice of the proposed hearing at the shall be conducted jointly by the board of supervisors and the representative of the Department, theh entire six-year plan shall be discussed with the citizens of the county and their views considered.
Following the preparation of the plan in any year in which a proposed new funding allocation is greater than $100,000, the board of supervisors or other local governing body shall conduct a public hearing after publishing notice twice in a newspaper published in or having general circulation in the county once a week for two successive weeks, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing, and posting notice of the proposed hearing at the front door of the courthouse of such county 10 days before the meeting.
At the public hearings, which shall be conducted jointly by the board of supervisors and the representative of the Department, the entire six-year plan shall be discussed with the citizens of the county and their views considered.
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 year.
of 45 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 body for the purpose of preparing a budget for the expenditure of improvement funds for the next fiscal year.
The representative of the Department shall furnish the local governing body with an updatedfiscal 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 secondary state highway system.
The representative of the Department shall furnish the local governing body with an updated 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 secondary state highway system.
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 of 47 six years.
At least once every two years following the adoption of the original six-year plan, the governing 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.
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 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 of 45 § 24.2-684.
The governing body of any county on its own motion or upon petition of any interested landowner may cause any section of the secondary state highway system, or any crossing by the of 47 highway of the lines of a railroad company or crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of the secondary state highway sysEem to be abandoned altogether as a public highway, a public landing, or a public railroad crossing by complying substantially with the procedure provided in this section.
The governing body of any county on its own motion or upon petition of any interested landowner may cause any section of the secondary state highway system, or any crossing by the highway of the lines of a railroad company or crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of the secondary state highway system to be abandoned altogether as a public highway, a public landing, or a public railroad crossing by complying substantially with the procedure provided in this section.
N B.
B.
The governing body of the county shall give notice of its intention to abandon any such hRghway, landing, or railroad crossing (i) by posting a notice of such intention at least three days before the first section of the highway, landing, or railroad crossing sought to be abandoned as a public highway, publice landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a newspaper having general circulation in the county.
The governing body of the county shall give notice of its intention to abandon any such highway, landing, or railroad crossing (i) by posting a notice of such intention at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of the highway, landing, or railroad crossing sought to be abandoned as a public highway, public landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a newspaper having general circulation in the county.
In addition, the governing body of the county shall give notice of iEs intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of Highways.
In addition, the governing body of the county shall give notice of its intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of Highways.
The procedure in such cases shall railroad crossing located entirely within a county.d for the abandonment of a highway, landing, or When the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department of Wildlife Resources.
The procedure in such cases shall conform mutatis mutandis to the procedure prescribed for the abandonment of a highway, landing, or railroad crossing located entirely within a county.
When the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department of Wildlife Resources.
If one or more landowners in the county whose property abuts the highway, landing, or raiSroad crossing proposed to be abandoned, or if only a section of a highway, landing, or railroad cros4ing is proposed to be abandoned, whose property abuts such section, or the Board or the Department of 3 Wildlife Resources, in the case of a public landing, files a petition with the governing body oR the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing on the proposed abandonment and shall give notice of the time and place of the hearing by publishing such information once a week for two successive weeks more than 14 28 days before and the second publication appearing no less than seven days before the no hearing.
If one or more landowners in the county whose property abuts the highway, landing, or railroad crossing proposed to be abandoned, or if only a section of a highway, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section, or the Board or the Department of Wildlife Resources, in the case of a public landing, files a petition with the governing body of the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing on the proposed abandonment and shall give notice of the time and place of the hearing by publishing such information once a week for two successive weeks twice in a newspaper having general circulation in the county, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing.
If a petition for a public hearing is not filed as provided in this section, or if after a public hearing is held the governing body of the county is satisfied that no public necessity exists for the continuance of the section of the secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the governing body of the county shall (i) hearing was filed or (ii) within four months after the public hearing adopt an ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing.
If a petition for a public hearing is not filed as provided in this section, or if after a public hearing is held the governing body of the county is satisfied that no public necessity exists for the continuance of the section of the secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the governing body of the county shall (i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing adopt an ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing.
1.
The highway is located within a residence district as defined in § 46.2-100;
The residence district is located within a county having a density of population exceeding 1,000 per square mile;
The residence district is located within a county having a density of population exceeding 1,000 of 45 per square mile;
No public landing shall be abandoned unless the Board of Wildlife Resources shall by resolution con§ 33.2-2001.
No public landing shall be abandoned unless the Board of Wildlife Resources shall by resolution concur in such abandonment.
§ 33.2-2001.
If created in of 47 a single locality, a district shall be created by a resolution of the local governing body.
If created in a single locality, a district shall be created by a resolution of the local governing body.
In the case where any signatures on the petition are withdrawn, the local governing body may pass the proposed resolution only upon certification that the petition continues to meet the provisions of this section.
In the case where any signatures on of 45 the petition are withdrawn, the local governing body may pass the proposed resolution only upon certification that the petition continues to meet the provisions of this section.
Any such resolution shall be considered only upon the petition, to the governing body, of the owners of at least 51 percent of either the land area or the assessed value of real property that (i) is within the boundaries of the proposed district, (ii) has been zoned for commercial or industrial use or is used for such purposes, and of 47 (iii) would be subject to the annual special improvement tax authorized by § 33.2-2105 if the proposed district is created.
Any such resolution shall be considered only upon the petition, to the governing body, of the owners of at least 51 percent of either the land area or the assessed value of real property that (i) is within the boundaries of the proposed district, (ii) has been zoned for commercial or industrial use or is used for such purposes, and (iii) would be subject to the annual special improvement tax authorized by § 33.2-2105 if the proposed district is created.
Any proposed district within a county may include any real property withinEa town or towns within the boundaries of such county.
Any proposed district within a county may include any real property within a town or towns within the boundaries of such county.
N 1.
1.
R 2.
2.
specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;
3.
Propose a plan for providing such transportation improvements within the district and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;
and L 5.
and 5.
Request the governing body to establish the proposed district for the purposes set forth En the petition.
Request the governing body to establish the proposed district for the purposes set forth in the petition.
The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment the proposed district shall have the right to appear and show cause why any property or properties within should not be included in the proposed district.
The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment of the proposed district.
If real property within a town is included in the proposed district, a copy of the petition and notice of the public hearing shall be delivered to the town council at least 30 days prior to the public hearing, and the town council may by resolution deSermine if the town council wishes any property located within the town to be included within the proposed4district and any such resolution shall be delivered to the governing body prior to the public hearing re3uired by this section.
All interested persons who either reside in or own taxable real property within the proposed district shall have the right to appear and show cause why any property or properties should not be included in the proposed district.
Such resolution shall be binding upon the governing body with respect to the inclRsion or exclusion of such properties within the proposed district.
If real property within a town is included in the proposed district, a copy of the petition and notice of the public hearing shall be delivered to the town council at least 30 days prior to the public hearing, and the town council may by resolution determine if the town council wishes any property located within the town to be included within the proposed district and any such resolution shall be delivered to the governing body prior to the public hearing required by this section.
If that resolution permits any commercial or industrial property located within a town to be included in the proposed district, then if requested to do so by the petition the town council of any town that has adopted a zoning ordinance also shall pass a of subsection E with respect to commercial and industrial zoning classifications that shall be in force ints that portion of the town included in the district.
Such resolution shall be binding upon the governing body with respect to the inclusion or exclusion of such properties within the proposed district.
If that resolution permits any commercial or industrial property located within a town to be included in the proposed district, then if requested to do so by the petition the town council of any town that has adopted a zoning ordinance also shall pass a resolution, to be effective upon creation of the proposed district, that is consistent with the requirements of subsection E with respect to commercial and industrial zoning classifications that shall be in force in that portion of the town included in the district.
If the governing body finds the creation of the proposed district would be in furtherance of the county's comprehensive plan for the development of the area, in the best interests of the residents and welfare, the governing body may pass a resolution that is reasonably consistent with the petition, thatand creates the district upon final adoption, and that provides for the appointment of an advisory board in accordance with this chapter upon final adoption.
If the governing body finds the creation of the proposed district would be in furtherance of the county's comprehensive plan for the development of the area, in the best interests of the residents and owners of real property within the proposed district, and in furtherance of the public health, safety, and welfare, the governing body may pass a resolution that is reasonably consistent with the petition, that creates the district upon final adoption, and that provides for the appointment of an advisory board in accordance with this chapter upon final adoption.
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, 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, (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 thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and industrial stormwater discharges (33 U.S.C.
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, 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 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, (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 thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and industrial stormwater discharges (33 U.S.C.
§ 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.
§ 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency, or (iv) as specifically required to comply with any other state of 45 or federal law.
A resolution creating a district shall also provide (i) that the district shall expire 50 years from the date upon which the resolution is passed or (ii) that the district shall expire when the district is proposed resolution creating the district.
A resolution creating a district shall also provide (i) that the district shall expire 50 years from the date upon which the resolution is passed or (ii) that the district shall expire when the district is abolished in accordance with § 33.2-2115.
No later than two business days following the adoption of the proposed resolution, copies of the proposed resolution shall be available in the office of the clerk of the of 47 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.
After the public hearing, the governing body may adopt a proposed resolution creating the district.
No later than two business days following the adoption of the 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.
After the public hearing, each local governing body shall deliver a certified copy of its proposed resolution creating the district to the petitioning landowners or their attorneys-in-fact.
After the public hearing, each local governing body shall deliver a certified copy of its proposed resolution creating the district to the petitioning landowners or of 45 their attorneys-in-fact.
In the case where any signature on the petition is withdrawn, the local governing body may pass the proposed resolution only upon of 47 certification that the petition continues to meet the provisions of this section.
In the case where any signature on the petition is withdrawn, the local governing body may pass the proposed resolution only upon certification that the petition continues to meet the provisions of this section.
After both local governing bodies have adopted resolutions creating the district, the district shall be established and thE name of the district shall be "The Charlottesville-Albemarle Transportation Improvement District." § 58.1-3245.2.
After both local governing bodies have adopted resolutions creating the district, the district shall be established and the name of the district shall be "The Charlottesville-Albemarle Transportation Improvement District." § 58.1-3245.2.
N A.
A.
The governing body of any county, city or town may adopt tax increment financing by passiRg an ordinance designating a development project area and providing that real estate taxes in the development obligations or development project cost commitments secured by the Tax Increment Financing Fund,ny hereinafter authorized, are outstanding and unpaid.
The governing body of any county, city or town may adopt tax increment financing by passing an ordinance designating a development project area and providing that real estate taxes in the development project area shall be assessed, collected and allocated in the following manner for so long as any obligations or development project cost commitments secured by the Tax Increment Financing Fund, hereinafter authorized, are outstanding and unpaid.
L 1.
1.
L 2.
2.
Real estate taxes attributable to the lower of the current assessed value or base assesseE value of real estate located in a development project area shall be allocated by the treasurer or director of finance pursuant to the provisions of this chapter.
Real estate taxes attributable to the lower of the current assessed value or base assessed value of real estate located in a development project area shall be allocated by the treasurer or director of finance pursuant to the provisions of this chapter.
D 3.
3.
Real estate taxes attributable to the increased value between the current assessed value of any parcel of real estate and the base assessed value of such real estate shall be allocated by the treasurer or principal and interest on obligations issued or development project cost commitments entered into tothe finance the development project costs.
Real estate taxes attributable to the increased value between the current assessed value of any parcel of real estate and the base assessed value of such real estate shall be allocated by the treasurer or director of finance and paid into a special fund entitled the "Tax Increment Financing Fund" to pay the principal and interest on obligations issued or development project cost commitments entered into to finance the development project costs.
Notice of the publiS hearing shall be published once each week for three consecutive weeks immediately preceding the public 4earing three times in each newspaper of general circulation in such county, city or town, with the fir3t publication appearing no more than 21 35 days before and the third publication appearing no lesR than seven days before the hearing.
Notice of the public hearing shall be published once each week for three consecutive weeks immediately preceding the public hearing three times in each newspaper of general circulation in such county, city or town, with the first publication appearing no more than 21 35 days before and the third publication appearing no less than seven days before the hearing.
§ 58.1-3245.8.
Adoption of local enterprise zone development taxation program.
An ordinance designating a local enterprise zone shall provide that all or a specified percentage of the real estate taxes, machinery and tools taxes, or both, in the1.
An ordinance designating a local enterprise zone shall provide that all or a specified percentage of the real estate taxes, machinery and tools taxes, or both, in the local enterprise zone shall be assessed, collected and allocated in the following manner:
1.
All or the specified percentage of the increase in real estate taxes or machinery and tools taxes, or both, attributable to the difference between (i) the current assessed value of such property and (ii) the base assessed value of such property shall be allocated by the treasurer or director of finance and paid into a special fund entitled the "Local Enterprise Zone Development Fund" to be used as provided in from an increase in the tax rate on real estate or machinery and tools after the adoption of a local enterprise zone development taxation ordinance, nor shall it include any additional revenues merely resulting from an increase in the assessed value of real estate or machinery and tools which were located in the zone prior to the adoption of a local enterprise zone development taxation ordinance unless such property is improved or enhanced.
All or the specified percentage of the increase in real estate taxes or machinery and tools taxes, or both, attributable to the difference between (i) the current assessed value of such property and (ii) the base assessed value of such property shall be allocated by the treasurer or director of finance and paid into a special fund entitled the "Local Enterprise Zone Development Fund" to be used as provided in § 58.1-3245.10.
Such amounts paid into the fund shall not include any additional revenues resulting from an increase in the tax rate on real estate or machinery and tools after the adoption of a local enterprise zone development taxation ordinance, nor shall it include any additional revenues merely resulting from an increase in the assessed value of real estate or machinery and tools which were located in the zone prior to the adoption of a local enterprise zone development taxation ordinance unless such property is improved or enhanced.
Notice of the public hearing shall be published once each week for three consecutive weeks immediately preceding the public hearing three times in each newspaper of general circulation in such county, city, or town, with the first publication appearing no more than 21 35 shall include the time, place and purpose of the public hearing;
Notice of the public hearing shall be published once each week for three consecutive weeks immediately preceding the public hearing three times in each newspaper of general circulation in such county, city, or town, with the first publication appearing no more than 21 35 days before and the third publication appearing no less than seven days before the hearing.
The notice shall include the time, place and purpose of the public hearing;
state whether all or a specified of 47 percentage of real property or machinery or tools, or both, will be subject to local enterprise zone development taxation;
state whether all or a specified of 45 percentage of real property or machinery or tools, or both, will be subject to local enterprise zone development taxation;
Notwithstanding other provisions of general or special law, the tax rate for taxes due on or before of 47 June 30 of each year may be fixed on or before May 15 of that tax year.
Notwithstanding other provisions of general or special law, the tax rate for taxes due on or before June 30 of each year may be fixed on or before May 15 of that tax year.
(Effective until July 1, 2024) Authorization for more stringent ordinances.E A.
(Effective until July 1, 2024) Authorization for more stringent ordinances.
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 N regulations, provided that the more stringent ordinances are based upon factual findings of locRl or regional comprehensive watershed management studies or findings developed through the 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 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.
A.
Notice of such hearing shall be given by publication once a week for two conseEutive weeks twice in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing.
Localities that are VSMP authorities are authorized to adopt more stringent stormwater of 45 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 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.
Notice of such hearing shall be given by publication once a week for two consecutive weeks twice in a newspaper of general circulation in the locality seeking to adopt the ordinance, with the first publication appearing no more than 14 28 days before and the second publication appearing no less than seven days before the hearing.
Localities that are VSMP authorities shall submit a letter report to the Department when more ordinances, such as may be set forth in design manuals, policies, or guidance documents developed by the localities, are determined to be necessary pursuant to this section within 30 days after adoption thereof.
Localities that are VSMP authorities shall submit a letter report to the Department when more stringent stormwater management ordinances or more stringent requirements authorized by such ordinances, such as may be set forth in design manuals, policies, or guidance documents developed by the localities, are determined to be necessary pursuant to this section within 30 days after adoption thereof.
Upon theSrequest of an affected landowner or his agent submitted to the Department with a copy to be sent to the4locality, within 90 days after adoption of any such ordinance or derivative requirement, localities shall3submit the ordinance or requirement and all other supporting materials to the Department for a determinatiRn 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.
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.
Such a determination, or a failure Board.
Such a determination, or a failure by the Department to make such a determination within the 90-day period, may be appealed to the Board.
Department to make such a determination within the 90-day period, may be appealed to the C.
C.
Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department and the 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.
Any such determination, or a failure by the Department to makesting any such determination within the 90-day period, may be appealed to the Board.
Any such determination, or a failure by the Department to make any such determination within the 90-day period, may be appealed to the Board.
When a locality is seeking to uniformly preclude jurisdiction-wide or otherwise limit 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 as 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 section is reasonable under the circumstances.
When a locality is seeking to uniformly preclude jurisdiction-wide or otherwise limit 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 as 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 section is reasonable under the circumstances.
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 witE.
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.
Any provisions of a local stormwater management program in existence before January 1, 2013, that contains more stringent provisions than this article shall be exempt from the requirements of this of 47 section.
E.
Any provisions of a local stormwater management program in existence before January 1, 2013, that contains more stringent provisions than this article shall be exempt from the requirements of this section.
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 more stringent ordinances a public hearing is held.
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 of 45 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 more stringent ordinances a public hearing is held.
Based on a determination made in accordance with subsection B or C, any ordinance or other 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 of 47 ensure compliance with this section.
Based on a determination made in accordance with subsection B or C, any ordinance or other 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 ensure compliance with this section.
Any such ordinance or other requirement that has been proposed with this section.d nor established shall be remanded to the locality for revision to ensure coEpliance E.
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.
Any provisions of a local erosion and sediment control or stormwater management program in existence before January 1, 2016, that contains more stringent provisions than this article shaRl be becomes a VESMP authority.
E.
However, such provisions shall be reported to the Board at the time ofen it submission of the locality's VESMP approval package.
Any provisions of a local erosion and sediment control or stormwater management program in existence before January 1, 2016, that contains more stringent provisions than this article shall be exempt from the requirements of this section if the locality chooses to retain such provisions when it becomes a VESMP authority.
O 2.
However, such provisions shall be reported to the Board at the time of submission of the locality's VESMP approval package.
That any community development authority created by ordinance or resolution, or whose L accordance with § 15.2-5155 of the Code of Virginia, shall be declared to be validly created, and any such ordinance or resolution shall be declared to be validly adopted, notwithstanding any E failure to strictly comply with the public hearing notice requirements of subsection A of D § 15.2-5156 of the Code of Virginia, as amended by this act, in the creation and adoption thereof.
2.
B E R
That any community development authority created by ordinance or resolution, or whose of 45 creating ordinance or resolution was amended, between July 1, 2023, and June 30, 2024, in accordance with § 15.2-5155 of the Code of Virginia, shall be declared to be validly created, and any such ordinance or resolution shall be declared to be validly adopted, notwithstanding any failure to strictly comply with the public hearing notice requirements of subsection A of § 15.2-5156 of the Code of Virginia, as amended by this act, in the creation and adoption thereof.
View plain text versions (4)

Action History

  1. Acts of Assembly Chapter text (CHAP0242)

  2. Approved by Governor-Chapter 242 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed Senate and House (SB413ER)

  8. Enrolled

  9. House amendment agreed to by Senate (39-Y 0-N)

  10. Reconsideration of House amendment agreed to by Senate (39-Y 0-N)

  11. House amendment agreed to by Senate (38-Y 0-N)

  12. VOTE: Passage (99-Y 1-N)

  13. Passed House with amendment (99-Y 1-N)

  14. Engrossed by House as amended

  15. Committee amendment agreed to

  16. Read third time

  17. Read second time

  18. Reported from Counties, Cities and Towns with amendment(s) (21-Y 1-N)

  19. House committee, floor amendments and substitutes offered

  20. Referred to Committee on Counties, Cities and Towns

  21. Read first time

  22. Placed on Calendar

  23. Read third time and passed Senate (40-Y 0-N)

  24. Engrossed by Senate - committee substitute SB413S1

  25. Committee substitute agreed to 24106509D-S1

  26. Reading of substitute waived

  27. Read second time

  28. Constitutional reading dispensed (40-Y 0-N)

  29. Committee substitute printed 24106509D-S1

  30. Reported from Local Government with substitute (14-Y 0-N 1-A)

  31. Senate committee, floor amendments and substitutes offered

  32. Senate committee, floor amendments and substitutes offered

  33. Referred to Committee on Local Government

  34. Prefiled and ordered printed; offered 01/10/24 24104953D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

VOTE: Passage (99-Y 1-N)

Passed 98 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 98100
Total 98100
% of votes cast 99%1%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21100
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 413 do?
Local government; standardization of public notice requirements for certain meetings, hearings, or intended actions. Standardizes the frequency with which and length of time in which notices of certain meetings, hearings, and other intended actions of localities must be published. The notice provisions included in the bill are organized into three groups: (i) publication required at least seven days before the meeting, hearing, or intended action; (ii) publication required twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the meeting, hearing, or intended action; and (iii) publication required three times, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the meeting, hearing, or intended action. The bill also standardizes descriptive information in such notices related to (a) proposing, amending, or repealing ordinances; (b) local budget adoption; and (c) zoning ordinances and planning-related actions. This bill is identical to HB 1488.
Who sponsors SB 413?
SB 413 is sponsored by Christopher T. Head and J.D. "Danny" Diggs.
What is the current status of SB 413?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 413?
Track SB 413 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 413

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of SB 413

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →