{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2243.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2243.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2243.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2243.html"}],"law_id":74283,"edition_id":1,"section_id":74283,"structure_id":14154,"section_number":"15.2-2243","catch_line":"Payment by subdivider of the pro rata share of the cost of certain facilities","history":"Code 1950, \u00a7\u00a7 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, \u00a7 15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717; 1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c. 421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456; 1997, c. 587; 2001, c. 704; 2020, c. 820; 2022, c. 629.","full_text":"A\n\nA locality may provide in its subdivision ordinance for payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, and drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement of the subdivision or development; however, no such payment shall be required until such time as the governing body or a designated department or agency thereof has established a general sewer, water, and drainage improvement program for an area having related and common sewer, water, and drainage conditions and within which the land owned or controlled by the subdivider or developer is located or the governing body has committed itself by ordinance to the establishment of such a program. Such regulations or ordinance shall set forth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, and drainage facilities required to adequately serve a related and common area, when and if fully developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the amount necessary to protect water quality based upon the pollutant loading caused by the subdivision or development or to the proportion of such total estimated cost which the increased sewage flow, water flow, and\/or increased volume and velocity of storm water runoff to be actually caused by the subdivision or development bears to total estimated volume and velocity of such sewage, water, and\/or runoff from such area in its fully developed state. In calculating the pollutant loading caused by the subdivision or development or the volume and velocity of storm water runoff, the governing body shall take into account the effect of all on-site storm water facilities or best management practices constructed or required to be constructed by the subdivider or developer and give appropriate credit therefor.B\n\nA locality that has adopted an ordinance pursuant to subsection A may also provide in its subdivision ordinance that, when adequate water, sewerage, or drainage facilities are not available to serve a proposed subdivision or development, the subdivider or developer of the property may be permitted to install reasonable and necessary water, sewerage, and drainage facilities, located on or outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. The ordinance shall provide that such subdivider or developer shall be entitled to reimbursement of a portion of its costs by any subsequent subdivider or developer that utilizes the installed water, sewerage or drainage facilities or from connection fees paid for lots within its development, and the ordinance may limit the duration of the reimbursements. The locality is authorized to administer by ordinance and by adopted reasonable policies and procedures standards for installation of such water, sewerage, and drainage facilities and parameters for pro rata reimbursement or connection or capacity fee reimbursement. The provisions of this subsection shall not be deemed to limit the authority of (i) localities that have not adopted an ordinance pursuant to subsection A or (ii) authorities established pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) to establish policies for reimbursement or credits from connection fees or to other utility fund sources to subdividers and developers constructing water, sewerage, or drainage facilities.C\n\nEach payment pursuant to subsection A received shall be expended only for necessary engineering and related studies and the construction of those facilities identified in the established sewer, water, and drainage program; however, in lieu of such payment the governing body may provide for the posting of a personal, corporate or property bond, cash escrow, or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such studies or construction. The payments received shall be kept in a separate account for each of the individual improvement programs until such time as they are expended for the improvement program. All bonds, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond, payment, cash escrow, or other performance guarantee.D\n\nAny funds collected for pro rata programs under this section prior to July 1, 1990, shall continue to be held in separate, interest bearing accounts for the project or projects for which the funds were collected and any interest from such accounts shall continue to accrue to the benefit of the subdivider or developer until such time as the project or projects are completed or until such time as a general sewer and drainage improvement program is established to replace a prior sewer and drainage improvement program. If such a general improvement program is established, the governing body of any locality may abolish any remaining separate accounts and require the transfer of the assets therein into a separate fund for the support of each of the established sewer, water, and drainage programs. Upon the transfer of such assets, subdividers and developers who had met the terms of any existing agreements made under a previous pro rata program shall receive any outstanding interest which has accrued up to the date of transfer, and such subdividers and developers shall be released from any further obligation under those existing agreements. All bonds, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond, payment, cash escrow, or other performance guarantee.","order_by":null,"text":{"0":{"id":267068,"text":"A locality may provide in its subdivision ordinance for payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, and drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement of the subdivision or development; however, no such payment shall be required until such time as the governing body or a designated department or agency thereof has established a general sewer, water, and drainage improvement program for an area having related and common sewer, water, and drainage conditions and within which the land owned or controlled by the subdivider or developer is located or the governing body has committed itself by ordinance to the establishment of such a program. Such regulations or ordinance shall set forth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, and drainage facilities required to adequately serve a related and common area, when and if fully developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the amount necessary to protect water quality based upon the pollutant loading caused by the subdivision or development or to the proportion of such total estimated cost which the increased sewage flow, water flow, and\/or increased volume and velocity of storm water runoff to be actually caused by the subdivision or development bears to total estimated volume and velocity of such sewage, water, and\/or runoff from such area in its fully developed state. In calculating the pollutant loading caused by the subdivision or development or the volume and velocity of storm water runoff, the governing body shall take into account the effect of all on-site storm water facilities or best management practices constructed or required to be constructed by the subdivider or developer and give appropriate credit therefor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267069,"text":"A locality that has adopted an ordinance pursuant to subsection A may also provide in its subdivision ordinance that, when adequate water, sewerage, or drainage facilities are not available to serve a proposed subdivision or development, the subdivider or developer of the property may be permitted to install reasonable and necessary water, sewerage, and drainage facilities, located on or outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. The ordinance shall provide that such subdivider or developer shall be entitled to reimbursement of a portion of its costs by any subsequent subdivider or developer that utilizes the installed water, sewerage or drainage facilities or from connection fees paid for lots within its development, and the ordinance may limit the duration of the reimbursements. The locality is authorized to administer by ordinance and by adopted reasonable policies and procedures standards for installation of such water, sewerage, and drainage facilities and parameters for pro rata reimbursement or connection or capacity fee reimbursement. The provisions of this subsection shall not be deemed to limit the authority of (i) localities that have not adopted an ordinance pursuant to subsection A or (ii) authorities established pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) to establish policies for reimbursement or credits from connection fees or to other utility fund sources to subdividers and developers constructing water, sewerage, or drainage facilities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267070,"text":"Each payment pursuant to subsection A received shall be expended only for necessary engineering and related studies and the construction of those facilities identified in the established sewer, water, and drainage program; however, in lieu of such payment the governing body may provide for the posting of a personal, corporate or property bond, cash escrow, or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such studies or construction. The payments received shall be kept in a separate account for each of the individual improvement programs until such time as they are expended for the improvement program. All bonds, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond, payment, cash escrow, or other performance guarantee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":267071,"text":"Any funds collected for pro rata programs under this section prior to July 1, 1990, shall continue to be held in separate, interest bearing accounts for the project or projects for which the funds were collected and any interest from such accounts shall continue to accrue to the benefit of the subdivider or developer until such time as the project or projects are completed or until such time as a general sewer and drainage improvement program is established to replace a prior sewer and drainage improvement program. If such a general improvement program is established, the governing body of any locality may abolish any remaining separate accounts and require the transfer of the assets therein into a separate fund for the support of each of the established sewer, water, and drainage programs. Upon the transfer of such assets, subdividers and developers who had met the terms of any existing agreements made under a previous pro rata program shall receive any outstanding interest which has accrued up to the date of transfer, and such subdividers and developers shall be released from any further obligation under those existing agreements. All bonds, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond, payment, cash escrow, or other performance guarantee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14154,"edition_id":1,"name":"Land Subdivision and Development","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":155023,"object_type":"structure","relational_id":14154,"identifier":"6","token":"15.2\/II\/22\/6","url":"\/15.2\/II\/22\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83925,"structure_id":14154,"section_number":"15.2-2240","catch_line":"Localities to adopt ordinances regulating subdivision and development of land","url":"\/15.2-2240\/","token":"15.2\/II\/22\/6\/15.2-2240","metadata":false},{"id":81439,"structure_id":14154,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","url":"\/15.2-2241\/","token":"15.2\/II\/22\/6\/15.2-2241","metadata":false},{"id":69877,"structure_id":14154,"section_number":"15.2-2241.1","catch_line":"Bonding requirements for the acceptance of dedication for public use of certain facilities","url":"\/15.2-2241.1\/","token":"15.2\/II\/22\/6\/15.2-2241.1","metadata":false},{"id":62783,"structure_id":14154,"section_number":"15.2-2241.2","catch_line":"Bonding provisions for decommissioning of solar energy equipment, facilities, or devices","url":"\/15.2-2241.2\/","token":"15.2\/II\/22\/6\/15.2-2241.2","metadata":false},{"id":55314,"structure_id":14154,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","url":"\/15.2-2242\/","token":"15.2\/II\/22\/6\/15.2-2242","metadata":false},{"id":74283,"structure_id":14154,"section_number":"15.2-2243","catch_line":"Payment by subdivider of the pro rata share of the cost of certain facilities","url":"\/15.2-2243\/","token":"15.2\/II\/22\/6\/15.2-2243","metadata":false},{"id":69771,"structure_id":14154,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","url":"\/15.2-2243.1\/","token":"15.2\/II\/22\/6\/15.2-2243.1","metadata":false},{"id":79464,"structure_id":14154,"section_number":"15.2-2244","catch_line":"Provisions for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244\/","token":"15.2\/II\/22\/6\/15.2-2244","metadata":false},{"id":81830,"structure_id":14154,"section_number":"15.2-2244.1","catch_line":"Additional method for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244.1\/","token":"15.2\/II\/22\/6\/15.2-2244.1","metadata":false},{"id":73711,"structure_id":14154,"section_number":"15.2-2244.2","catch_line":"Subdivision of a lot of property held in trust for a family member","url":"\/15.2-2244.2\/","token":"15.2\/II\/22\/6\/15.2-2244.2","metadata":false},{"id":61355,"structure_id":14154,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","url":"\/15.2-2245\/","token":"15.2\/II\/22\/6\/15.2-2245","metadata":false},{"id":60263,"structure_id":14154,"section_number":"15.2-2245.1","catch_line":"Stormwater management ponds; removal of trees","url":"\/15.2-2245.1\/","token":"15.2\/II\/22\/6\/15.2-2245.1","metadata":false},{"id":84876,"structure_id":14154,"section_number":"15.2-2246","catch_line":"Site plans submitted in accordance with zoning ordinance","url":"\/15.2-2246\/","token":"15.2\/II\/22\/6\/15.2-2246","metadata":false},{"id":66691,"structure_id":14154,"section_number":"15.2-2247","catch_line":"Applicability of subdivision ordinance to manufactured homes","url":"\/15.2-2247\/","token":"15.2\/II\/22\/6\/15.2-2247","metadata":false},{"id":81106,"structure_id":14154,"section_number":"15.2-2248","catch_line":"Application of certain municipal subdivision regulations beyond corporate limits of municipality","url":"\/15.2-2248\/","token":"15.2\/II\/22\/6\/15.2-2248","metadata":false},{"id":73098,"structure_id":14154,"section_number":"15.2-2249","catch_line":"Application of county subdivision regulations in area subject to municipal jurisdiction","url":"\/15.2-2249\/","token":"15.2\/II\/22\/6\/15.2-2249","metadata":false},{"id":74890,"structure_id":14154,"section_number":"15.2-2250","catch_line":"Disagreement between county and municipality as to regulations","url":"\/15.2-2250\/","token":"15.2\/II\/22\/6\/15.2-2250","metadata":false},{"id":61768,"structure_id":14154,"section_number":"15.2-2251","catch_line":"Local planning commission shall prepare and recommend ordinance; notice and hearing on ordinance","url":"\/15.2-2251\/","token":"15.2\/II\/22\/6\/15.2-2251","metadata":false},{"id":81391,"structure_id":14154,"section_number":"15.2-2252","catch_line":"Filing and recording of ordinance and amendments thereto","url":"\/15.2-2252\/","token":"15.2\/II\/22\/6\/15.2-2252","metadata":false},{"id":56433,"structure_id":14154,"section_number":"15.2-2253","catch_line":"Preparation and adoption of amendments to ordinance","url":"\/15.2-2253\/","token":"15.2\/II\/22\/6\/15.2-2253","metadata":false},{"id":71129,"structure_id":14154,"section_number":"15.2-2254","catch_line":"Statutory provisions effective after ordinance adopted","url":"\/15.2-2254\/","token":"15.2\/II\/22\/6\/15.2-2254","metadata":false},{"id":87454,"structure_id":14154,"section_number":"15.2-2255","catch_line":"Administration and enforcement of regulations","url":"\/15.2-2255\/","token":"15.2\/II\/22\/6\/15.2-2255","metadata":false},{"id":82493,"structure_id":14154,"section_number":"15.2-2256","catch_line":"Procedure to account for fees for common improvements","url":"\/15.2-2256\/","token":"15.2\/II\/22\/6\/15.2-2256","metadata":false},{"id":63483,"structure_id":14154,"section_number":"15.2-2257","catch_line":"Procedure to modify certain covenants in Shenandoah County","url":"\/15.2-2257\/","token":"15.2\/II\/22\/6\/15.2-2257","metadata":false},{"id":76956,"structure_id":14154,"section_number":"15.2-2258","catch_line":"Plat of proposed subdivision and site plans to be submitted for approval","url":"\/15.2-2258\/","token":"15.2\/II\/22\/6\/15.2-2258","metadata":false},{"id":57717,"structure_id":14154,"section_number":"15.2-2259","catch_line":"Designated agent to act on proposed final plat","url":"\/15.2-2259\/","token":"15.2\/II\/22\/6\/15.2-2259","metadata":false},{"id":66152,"structure_id":14154,"section_number":"15.2-2260","catch_line":"Localities may provide for submission of preliminary subdivision plats; 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ordinance of vacation","url":"\/15.2-2271\/","token":"15.2\/II\/22\/6\/15.2-2271","metadata":false},{"id":74652,"structure_id":14154,"section_number":"15.2-2272","catch_line":"Vacation of plat after sale of lot","url":"\/15.2-2272\/","token":"15.2\/II\/22\/6\/15.2-2272","metadata":false},{"id":78526,"structure_id":14154,"section_number":"15.2-2273","catch_line":"Fee for processing application under \u00a7 15.2-2271 or \u00a7 15.2-2272","url":"\/15.2-2273\/","token":"15.2\/II\/22\/6\/15.2-2273","metadata":false},{"id":63615,"structure_id":14154,"section_number":"15.2-2274","catch_line":"Effect of vacation under \u00a7 15.2-2272","url":"\/15.2-2274\/","token":"15.2\/II\/22\/6\/15.2-2274","metadata":false},{"id":76597,"structure_id":14154,"section_number":"15.2-2275","catch_line":"Relocation or vacation of boundary lines","url":"\/15.2-2275\/","token":"15.2\/II\/22\/6\/15.2-2275","metadata":false},{"id":71806,"structure_id":14154,"section_number":"15.2-2276","catch_line":"Duty of clerk when plat vacated","url":"\/15.2-2276\/","token":"15.2\/II\/22\/6\/15.2-2276","metadata":false},{"id":87419,"structure_id":14154,"section_number":"15.2-2277","catch_line":"Franklin County may require that notice be given to deed grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain streets taken into secondary system","url":"\/15.2-2277\/","token":"15.2\/II\/22\/6\/15.2-2277","metadata":false},{"id":67221,"structure_id":14154,"section_number":"15.2-2278","catch_line":"Vacating plat of subdivision","url":"\/15.2-2278\/","token":"15.2\/II\/22\/6\/15.2-2278","metadata":false},{"id":77000,"structure_id":14154,"section_number":"15.2-2279","catch_line":"Ordinances regulating the building of houses and establishing setback lines","url":"\/15.2-2279\/","token":"15.2\/II\/22\/6\/15.2-2279","metadata":false}],"previous_section":{"id":55314,"structure_id":14154,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","url":"\/15.2-2242\/","token":"15.2\/II\/22\/6\/15.2-2242","metadata":false},"next_section":{"id":69771,"structure_id":14154,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","url":"\/15.2-2243.1\/","token":"15.2\/II\/22\/6\/15.2-2243.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2243\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 27 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1970, chapter 436; in 1973, chapters 169 and 480; in 1975, chapter 641; in 1976, chapter 270; in 1978, chapters 429, 439, and 440; in 1979, chapters 183, 188, and 395; in 1980, chapters 379 and 381; in 1981, chapter 348; in 1983, chapters 167 and 609; in 1984, chapter 111; in 1985, chapters 422 and 455; in 1986, chapter 54; in 1987, chapter 717; in 1988, chapters 279 and 735; in 1989, chapters 332, 393, 403, and 495; in 1990, chapters 170, 176, 287, 708, and 973; in 1991, chapters 30, 47, 288, and 538; in 1992, chapter 380; in 1993, chapters 836, 846, and 864; in 1994, chapter 421<\/a>; in 1995, chapters 386<\/a>, 388<\/a>, 389<\/a>, 452<\/a>, 457<\/a>, and 474<\/a>; in 1996, chapters 77<\/a>, 325<\/a>, 452<\/a>, and 456<\/a>; in 1997, chapter 587<\/a>; in 2001, chapter 704<\/a>; in 2020, chapter 820<\/a>; in 2022, chapter 629<\/a>.<\/p>","references":[{"id":67780,"section_number":"62.1-44.15:35","catch_line":"Nutrient credit use and additional offsite options for construction activities","order_by":null,"url":"\/62.1-44.15_35\/"},{"id":70432,"section_number":"62.1-44.19:21.2","catch_line":"Nutrient and sediment credit generation and transfer; public body","order_by":null,"url":"\/62.1-44.19_21.2\/"}],"refers_to":[{"id":54398,"section_number":"15.2-5100","catch_line":"Title of chapter","order_by":null,"url":"\/15.2-5100\/"}],"permalink":{"id":155045,"object_type":"law","relational_id":74283,"identifier":"15.2-2243","token":"15.2\/II\/22\/6\/15.2-2243","url":"\/15.2-2243\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2243\/","token":"15.2\/II\/22\/6\/15.2-2243","dublin_core":{"Title":"Payment by subdivider of the pro rata share of the cost of certain facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2243","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A locality<\/span> may provide in its subdivision ordinance<\/span> for payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, and drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement of the subdivision or development<\/span>; however, no such payment shall be required until such time as the governing body<\/span> or a designated department or agency thereof has established a general sewer, water, and drainage improvement program for an area having related and common sewer, water, and drainage conditions and within which the land owned or controlled by the subdivider or developer is located or the governing body<\/span> has committed itself by ordinance<\/span> to the establishment of such a program. Such regulations or ordinance<\/span> shall set forth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, and drainage facilities required to adequately serve a related and common area, when and if fully developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the amount necessary to protect water quality based upon the pollutant loading caused by the subdivision or development<\/span> or to the proportion of such total estimated cost which the increased sewage flow, water flow, and\/or increased volume and velocity of storm water runoff to be actually caused by the subdivision or development<\/span> bears to total estimated volume and velocity of such sewage, water, and\/or runoff from such area in its fully developed state. In calculating the pollutant loading caused by the subdivision or development<\/span> or the volume and velocity of storm water runoff, the governing body<\/span> shall take into account the effect of all on-site storm water facilities or best management practices constructed or required to be constructed by the subdivider or developer and give appropriate credit therefor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A locality<\/span> that has adopted an ordinance<\/span> pursuant to subsection A may also provide in its subdivision ordinance<\/span> that, when adequate water, sewerage, or drainage facilities are not available to serve a proposed subdivision or development<\/span>, the subdivider or developer of the property may be permitted to install reasonable and necessary water, sewerage, and drainage facilities, located on or outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the utility needs of the development<\/span> or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. The ordinance<\/span> shall provide that such subdivider or developer shall be entitled to reimbursement of a portion of its costs by any subsequent subdivider or developer that utilizes the installed water, sewerage or drainage facilities or from connection fees paid for lots within its development<\/span>, and the ordinance<\/span> may limit the duration of the reimbursements. The locality<\/span> is authorized to administer by ordinance<\/span> and by adopted reasonable policies and procedures standards for installation of such water, sewerage, and drainage facilities and parameters for pro rata reimbursement or connection or capacity fee reimbursement. The provisions of this subsection shall not be deemed to limit the authority of (i) localities that have not adopted an ordinance<\/span> pursuant to subsection A or (ii) authorities established pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100<\/a> et seq.) to establish policies for reimbursement or credits from connection fees or to other utility fund sources to subdividers and developers constructing water, sewerage, or drainage facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each payment pursuant to subsection A received shall be expended only for necessary engineering and related studies and the construction of those facilities identified in the established sewer, water, and drainage program; however, in lieu of such payment the governing body<\/span> may provide for the posting of a personal, corporate or property bond<\/span>, cash escrow, or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such studies or construction. The payments received shall be kept in a separate account for each of the individual improvement programs until such time as they are expended for the improvement program. All bonds<\/span>, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond<\/span>, payment, cash escrow, or other performance guarantee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any funds collected for pro rata programs under this section prior to July 1, 1990, shall continue to be held in separate, interest bearing accounts for the project or projects for which the funds were collected and any interest from such accounts shall continue to accrue to the benefit of the subdivider or developer until such time as the project or projects are completed or until such time as a general sewer and drainage improvement program is established to replace a prior sewer and drainage improvement program. If such a general improvement program is established, the governing body<\/span> of any locality<\/span> may abolish any remaining separate accounts and require the transfer of the assets<\/span> therein into a separate fund for the support of each of the established sewer, water, and drainage programs. Upon the transfer of such assets<\/span>, subdividers and developers who had met the terms of any existing agreements made under a previous pro rata program shall receive any outstanding interest which has accrued up to the date of transfer, and such subdividers and developers shall be released from any further obligation under those existing agreements. All bonds<\/span>, payments, cash escrows, or other performance guarantees hereunder shall be released and used, with any interest earned, as a tax credit on the real estate taxes on the property if construction of the facilities identified in the established water, sewer, and drainage programs is not commenced within 12 years from the date of the posting of the bond<\/span>, payment, cash escrow, or other performance guarantee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT BY SUBDIVIDER OF THE PRO RATA SHARE OF THE COST OF CERTAIN FACILITIES\n(\u00a7 15.2-2243)\n\nA. A locality may provide in its subdivision ordinance for payment by a\nsubdivider or developer of land of the pro rata share of the cost of providing\nreasonable and necessary sewerage, water, and drainage facilities, located\noutside the property limits of the land owned or controlled by the subdivider or\ndeveloper but necessitated or required, at least in part, by the construction or\nimprovement of the subdivision or development; however, no such payment shall be\nrequired until such time as the governing body or a designated department or\nagency thereof has established a general sewer, water, and drainage improvement\nprogram for an area having related and common sewer, water, and drainage\nconditions and within which the land owned or controlled by the subdivider or\ndeveloper is located or the governing body has committed itself by ordinance to\nthe establishment of such a program. Such regulations or ordinance shall set\nforth and establish reasonable standards to determine the proportionate share of\ntotal estimated cost of ultimate sewerage, water, and drainage facilities\nrequired to adequately serve a related and common area, when and if fully\ndeveloped in accord with the adopted comprehensive plan, that shall be borne by\neach subdivider or developer within the area. Such share shall be limited to the\namount necessary to protect water quality based upon the pollutant loading\ncaused by the subdivision or development or to the proportion of such total\nestimated cost which the increased sewage flow, water flow, and\/or increased\nvolume and velocity of storm water runoff to be actually caused by the\nsubdivision or development bears to total estimated volume and velocity of such\nsewage, water, and\/or runoff from such area in its fully developed state. In\ncalculating the pollutant loading caused by the subdivision or development or\nthe volume and velocity of storm water runoff, the governing body shall take\ninto account the effect of all on-site storm water facilities or best management\npractices constructed or required to be constructed by the subdivider or\ndeveloper and give appropriate credit therefor.\n\nB. A locality that has adopted an ordinance pursuant to subsection A may also\nprovide in its subdivision ordinance that, when adequate water, sewerage, or\ndrainage facilities are not available to serve a proposed subdivision or\ndevelopment, the subdivider or developer of the property may be permitted to\ninstall reasonable and necessary water, sewerage, and drainage facilities,\nlocated on or outside the property limits of the land owned or controlled by the\nsubdivider or developer but necessitated or required, at least in part, by the\nutility needs of the development or subdivision, including reasonably\nanticipated capacity, extensions, or maintenance considerations of a utility\nservice plan for the service area. The ordinance shall provide that such\nsubdivider or developer shall be entitled to reimbursement of a portion of its\ncosts by any subsequent subdivider or developer that utilizes the installed\nwater, sewerage or drainage facilities or from connection fees paid for lots\nwithin its development, and the ordinance may limit the duration of the\nreimbursements. The locality is authorized to administer by ordinance and by\nadopted reasonable policies and procedures standards for installation of such\nwater, sewerage, and drainage facilities and parameters for pro rata\nreimbursement or connection or capacity fee reimbursement. The provisions of\nthis subsection shall not be deemed to limit the authority of (i) localities\nthat have not adopted an ordinance pursuant to subsection A or (ii) authorities\nestablished pursuant to the Virginia Water and Waste Authorities Act (§\n15.2-5100 et seq.) to establish policies for reimbursement or credits from\nconnection fees or to other utility fund sources to subdividers and developers\nconstructing water, sewerage, or drainage facilities.\n\nC. Each payment pursuant to subsection A received shall be expended only for\nnecessary engineering and related studies and the construction of those\nfacilities identified in the established sewer, water, and drainage program;\nhowever, in lieu of such payment the governing body may provide for the posting\nof a personal, corporate or property bond, cash escrow, or other method of\nperformance guarantee satisfactory to it conditioned on payment at commencement\nof such studies or construction. The payments received shall be kept in a\nseparate account for each of the individual improvement programs until such time\nas they are expended for the improvement program. All bonds, payments, cash\nescrows, or other performance guarantees hereunder shall be released and used,\nwith any interest earned, as a tax credit on the real estate taxes on the\nproperty if construction of the facilities identified in the established water,\nsewer, and drainage programs is not commenced within 12 years from the date of\nthe posting of the bond, payment, cash escrow, or other performance guarantee.\n\nD. Any funds collected for pro rata programs under this section prior to July 1,\n1990, shall continue to be held in separate, interest bearing accounts for the\nproject or projects for which the funds were collected and any interest from\nsuch accounts shall continue to accrue to the benefit of the subdivider or\ndeveloper until such time as the project or projects are completed or until such\ntime as a general sewer and drainage improvement program is established to\nreplace a prior sewer and drainage improvement program. If such a general\nimprovement program is established, the governing body of any locality may\nabolish any remaining separate accounts and require the transfer of the assets\ntherein into a separate fund for the support of each of the established sewer,\nwater, and drainage programs. Upon the transfer of such assets, subdividers and\ndevelopers who had met the terms of any existing agreements made under a\nprevious pro rata program shall receive any outstanding interest which has\naccrued up to the date of transfer, and such subdividers and developers shall be\nreleased from any further obligation under those existing agreements. All bonds,\npayments, cash escrows, or other performance guarantees hereunder shall be\nreleased and used, with any interest earned, as a tax credit on the real estate\ntaxes on the property if construction of the facilities identified in the\nestablished water, sewer, and drainage programs is not commenced within 12 years\nfrom the date of the posting of the bond, payment, cash escrow, or other\nperformance guarantee.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, \u00a7\n15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978,\ncc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348;\n1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;\n1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708,\n973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c.\n421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456; 1997,\nc. 587; 2001, c. 704; 2020, c. 820; 2022, c. 629.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}