{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2298.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2298.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2298.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2298.html"}],"law_id":63949,"edition_id":1,"section_id":63949,"structure_id":12775,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","history":"1989, c. 697, \u00a7 15.1-492.2:1; 1990, c. 868; 1991, c. 233; 1997, c. 587; 2001, c. 703; 2006, cc. 450, 882; 2007, c. 324.","full_text":"A\n\nExcept for those localities to which § 15.2-2303 is applicable, this section shall apply to (i) any locality which has had population growth of 5% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous with at least three such counties, and any town located in that county. However, any such locality may by ordinance choose to utilize the conditional zoning authority granted under § 15.2-2303 rather than this section.\n\t\t\tIn any such locality, notwithstanding any contrary provisions of § 15.2-2297, a zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map, provided that (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the rezoning; and (iii) all conditions are in conformity with the comprehensive plan as defined in § 15.2-2223.\n\t\t\tReasonable conditions may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. For purposes of this section, “road improvement” includes construction of new roads or improvement or expansion of existing roads as required by applicable construction standards of the Virginia Department of Transportation to meet increased demand attributable to new development. For purposes of this section, “transportation improvement” means any real or personal property acquired, constructed, improved, or used for constructing, improving, or operating any (i) public mass transit system or (ii) highway, or portion or interchange thereof, including parking facilities located within a district created pursuant to this title. Such improvements shall include, without limitation, public mass transit systems, public highways, and all buildings, structures, approaches, and facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels, stations, terminals, and all related equipment and fixtures.\n\t\t\tReasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.) which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.\n\t\t\tNo proffer shall be accepted by a locality unless it has adopted a capital improvement program pursuant to § 15.2-2239 or local charter. In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.B\n\nIn the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.C\n\nAny landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property. Any landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subsection B above, unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section.D\n\nThe provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body to:1\n\nAccept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or2\n\nAccept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286 or other provision of law.","order_by":null,"text":{"0":{"id":232891,"text":"Except for those localities to which § 15.2-2303 is applicable, this section shall apply to (i) any locality which has had population growth of 5% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous with at least three such counties, and any town located in that county. However, any such locality may by ordinance choose to utilize the conditional zoning authority granted under § 15.2-2303 rather than this section.\n\t\t\tIn any such locality, notwithstanding any contrary provisions of § 15.2-2297, a zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map, provided that (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the rezoning; and (iii) all conditions are in conformity with the comprehensive plan as defined in § 15.2-2223.\n\t\t\tReasonable conditions may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. For purposes of this section, “road improvement” includes construction of new roads or improvement or expansion of existing roads as required by applicable construction standards of the Virginia Department of Transportation to meet increased demand attributable to new development. For purposes of this section, “transportation improvement” means any real or personal property acquired, constructed, improved, or used for constructing, improving, or operating any (i) public mass transit system or (ii) highway, or portion or interchange thereof, including parking facilities located within a district created pursuant to this title. Such improvements shall include, without limitation, public mass transit systems, public highways, and all buildings, structures, approaches, and facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels, stations, terminals, and all related equipment and fixtures.\n\t\t\tReasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.) which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.\n\t\t\tNo proffer shall be accepted by a locality unless it has adopted a capital improvement program pursuant to § 15.2-2239 or local charter. In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232892,"text":"In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232893,"text":"Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property. Any landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subsection B above, unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":232894,"text":"The provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":232895,"text":"Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":232896,"text":"Accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286 or other provision of law.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","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":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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petition for review of decision","url":"\/15.2-2301\/","token":"15.2\/II\/22\/7\/15.2-2301","metadata":false},{"id":74154,"structure_id":12775,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","url":"\/15.2-2302\/","token":"15.2\/II\/22\/7\/15.2-2302","metadata":false},{"id":71508,"structure_id":12775,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","url":"\/15.2-2303\/","token":"15.2\/II\/22\/7\/15.2-2303","metadata":false},{"id":64570,"structure_id":12775,"section_number":"15.2-2303.1","catch_line":"Development agreements in certain counties","url":"\/15.2-2303.1\/","token":"15.2\/II\/22\/7\/15.2-2303.1","metadata":false},{"id":69744,"structure_id":12775,"section_number":"15.2-2303.1:1","catch_line":"When certain cash proffers collected or accepted","url":"\/15.2-2303.1_1\/","token":"15.2\/II\/22\/7\/15.2-2303.1_1","metadata":false},{"id":72559,"structure_id":12775,"section_number":"15.2-2303.2","catch_line":"Proffered cash payments and expenditures","url":"\/15.2-2303.2\/","token":"15.2\/II\/22\/7\/15.2-2303.2","metadata":false},{"id":67823,"structure_id":12775,"section_number":"15.2-2303.3","catch_line":"Cash proffers requested or accepted by a locality","url":"\/15.2-2303.3\/","token":"15.2\/II\/22\/7\/15.2-2303.3","metadata":false},{"id":78647,"structure_id":12775,"section_number":"15.2-2303.4","catch_line":"Provisions applicable to certain conditional rezoning proffers","url":"\/15.2-2303.4\/","token":"15.2\/II\/22\/7\/15.2-2303.4","metadata":false},{"id":63382,"structure_id":12775,"section_number":"15.2-2304","catch_line":"Affordable dwelling unit ordinances in certain localities","url":"\/15.2-2304\/","token":"15.2\/II\/22\/7\/15.2-2304","metadata":false},{"id":66597,"structure_id":12775,"section_number":"15.2-2305","catch_line":"Affordable dwelling unit ordinances","url":"\/15.2-2305\/","token":"15.2\/II\/22\/7\/15.2-2305","metadata":false},{"id":70161,"structure_id":12775,"section_number":"15.2-2305.1","catch_line":"Affordable housing dwelling unit ordinances","url":"\/15.2-2305.1\/","token":"15.2\/II\/22\/7\/15.2-2305.1","metadata":false},{"id":73526,"structure_id":12775,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","url":"\/15.2-2306\/","token":"15.2\/II\/22\/7\/15.2-2306","metadata":false},{"id":83924,"structure_id":12775,"section_number":"15.2-2306.1","catch_line":"Creation of working waterfront development areas","url":"\/15.2-2306.1\/","token":"15.2\/II\/22\/7\/15.2-2306.1","metadata":false},{"id":56409,"structure_id":12775,"section_number":"15.2-2307","catch_line":"Vested rights not impaired; nonconforming uses","url":"\/15.2-2307\/","token":"15.2\/II\/22\/7\/15.2-2307","metadata":false},{"id":53959,"structure_id":12775,"section_number":"15.2-2307.1","catch_line":"Protection of established commercial fishing operations","url":"\/15.2-2307.1\/","token":"15.2\/II\/22\/7\/15.2-2307.1","metadata":false},{"id":60439,"structure_id":12775,"section_number":"15.2-2308","catch_line":"Boards of zoning appeals to be created; membership, organization, etc","url":"\/15.2-2308\/","token":"15.2\/II\/22\/7\/15.2-2308","metadata":false},{"id":60938,"structure_id":12775,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","url":"\/15.2-2308.1\/","token":"15.2\/II\/22\/7\/15.2-2308.1","metadata":false},{"id":55804,"structure_id":12775,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","url":"\/15.2-2309\/","token":"15.2\/II\/22\/7\/15.2-2309","metadata":false},{"id":80144,"structure_id":12775,"section_number":"15.2-2310","catch_line":"Applications for special exceptions and variances","url":"\/15.2-2310\/","token":"15.2\/II\/22\/7\/15.2-2310","metadata":false},{"id":68867,"structure_id":12775,"section_number":"15.2-2311","catch_line":"Appeals to board","url":"\/15.2-2311\/","token":"15.2\/II\/22\/7\/15.2-2311","metadata":false},{"id":82504,"structure_id":12775,"section_number":"15.2-2312","catch_line":"Procedure on appeal","url":"\/15.2-2312\/","token":"15.2\/II\/22\/7\/15.2-2312","metadata":false},{"id":61459,"structure_id":12775,"section_number":"15.2-2313","catch_line":"Proceedings to prevent construction of building in violation of zoning ordinance","url":"\/15.2-2313\/","token":"15.2\/II\/22\/7\/15.2-2313","metadata":false},{"id":64121,"structure_id":12775,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","url":"\/15.2-2314\/","token":"15.2\/II\/22\/7\/15.2-2314","metadata":false},{"id":82707,"structure_id":12775,"section_number":"15.2-2315","catch_line":"Conflict with statutes, local ordinances or regulations","url":"\/15.2-2315\/","token":"15.2\/II\/22\/7\/15.2-2315","metadata":false},{"id":67900,"structure_id":12775,"section_number":"15.2-2316","catch_line":"Validation of zoning ordinances prior to 1971","url":"\/15.2-2316\/","token":"15.2\/II\/22\/7\/15.2-2316","metadata":false}],"previous_section":{"id":75113,"structure_id":12775,"section_number":"15.2-2297","catch_line":"Same; conditions as part of a rezoning or amendment to zoning map","url":"\/15.2-2297\/","token":"15.2\/II\/22\/7\/15.2-2297","metadata":false},"next_section":{"id":68680,"structure_id":12775,"section_number":"15.2-2299","catch_line":"Same; enforcement and guarantees","url":"\/15.2-2299\/","token":"15.2\/II\/22\/7\/15.2-2299","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2298\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 697 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1990, chapter 868; in 1991, chapter 233; in 1997, chapter 587<\/a>; in 2001, chapter 703<\/a>; in 2006, chapters 450<\/a> and 882<\/a>; in 2007, chapter 324<\/a>.<\/p>","references":[{"id":76085,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","order_by":null,"url":"\/15.2-2209.1\/"},{"id":54128,"section_number":"15.2-2209.1:1","catch_line":"Extension of approvals to address the COVID-19 pandemic","order_by":null,"url":"\/15.2-2209.1_1\/"},{"id":76310,"section_number":"15.2-2222.1","catch_line":"Coordination of state and local transportation planning","order_by":null,"url":"\/15.2-2222.1\/"},{"id":74652,"section_number":"15.2-2272","catch_line":"Vacation of plat after sale of lot","order_by":null,"url":"\/15.2-2272\/"},{"id":74154,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","order_by":null,"url":"\/15.2-2302\/"},{"id":69744,"section_number":"15.2-2303.1:1","catch_line":"When certain cash proffers collected or accepted","order_by":null,"url":"\/15.2-2303.1_1\/"},{"id":72559,"section_number":"15.2-2303.2","catch_line":"Proffered cash payments and expenditures","order_by":null,"url":"\/15.2-2303.2\/"},{"id":67823,"section_number":"15.2-2303.3","catch_line":"Cash proffers requested or accepted by a locality","order_by":null,"url":"\/15.2-2303.3\/"},{"id":78647,"section_number":"15.2-2303.4","catch_line":"Provisions applicable to certain conditional rezoning proffers","order_by":null,"url":"\/15.2-2303.4\/"},{"id":75841,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","order_by":null,"url":"\/15.2-3400\/"},{"id":62789,"section_number":"36-139.9","catch_line":"Local housing policy; report to Department","order_by":null,"url":"\/36-139.9\/"}],"refers_to":[{"id":56779,"section_number":"15.2-2223","catch_line":"Comprehensive plan to be prepared and adopted; scope and purpose","order_by":null,"url":"\/15.2-2223\/"},{"id":70592,"section_number":"15.2-2239","catch_line":"Local planning commissions to prepare and submit annually capital improvement programs to governing body or official charged with preparation of budget","order_by":null,"url":"\/15.2-2239\/"},{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"},{"id":75113,"section_number":"15.2-2297","catch_line":"Same; conditions as part of a rezoning or amendment to zoning map","order_by":null,"url":"\/15.2-2297\/"},{"id":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"},{"id":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"}],"permalink":{"id":155367,"object_type":"law","relational_id":63949,"identifier":"15.2-2298","token":"15.2\/II\/22\/7\/15.2-2298","url":"\/15.2-2298\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2298\/","token":"15.2\/II\/22\/7\/15.2-2298","dublin_core":{"Title":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2298","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except for those localities to which § 15.2-2303<\/a> is applicable, this section shall apply to (i) any locality<\/span> which has had population growth of 5% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city<\/span> adjoining such city<\/span> or county<\/span>; (iii) any towns<\/span> located within such county<\/span>; and (iv) any county<\/span> contiguous with at least three such counties, and any town<\/span> located in that county<\/span>. However, any such locality<\/span> may by ordinance<\/span> choose to utilize the conditional zoning<\/span> authority granted under § 15.2-2303<\/a> rather than this section.\n\t\t\tIn any such locality<\/span>, notwithstanding any contrary provisions of § 15.2-2297<\/a>, a zoning<\/span> ordinance<\/span> may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing<\/span> before the governing body<\/span>, in addition to the regulations provided for the zoning<\/span> district or zone by the ordinance<\/span>, as a part of a rezoning or amendment to a zoning<\/span> map, provided that (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the rezoning; and (iii) all conditions are in conformity with the comprehensive plan as defined in § 15.2-2223<\/a>.\n\t\t\tReasonable conditions may include the payment of cash for any off-site road improvement<\/span> or any off-site transportation improvement<\/span> that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program, provided that nothing herein shall prevent a locality<\/span> from accepting proffered conditions which are not normally included in a capital improvement program. For purposes of this section, “road improvement<\/span>” includes construction of new roads or improvement or expansion of existing roads as required by applicable construction standards of the Virginia Department of Transportation to meet increased demand attributable to new development<\/span>. For purposes of this section, “transportation improvement<\/span>” means any real or personal property acquired, constructed, improved, or used for constructing, improving, or operating any (i) public mass transit system or (ii) highway, or portion or interchange thereof, including parking facilities located within a district created pursuant to this title. Such improvements shall include, without limitation, public mass transit systems, public highways, and all buildings, structures, approaches, and facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels, stations, terminals, and all related equipment and fixtures.\n\t\t\tReasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800<\/a> et seq.) which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in § 15.2-2241<\/a>; however, such facilities shall not include sidewalks, special street<\/span> signs or markers, or special street<\/span> lighting in public rights-of-way not maintained by the Department of Transportation. The governing body<\/span> may also accept amended proffers once the public hearing<\/span> has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning<\/span> ordinance<\/span>, the conditions shall continue in effect until a subsequent amendment changes the zoning<\/span> on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning<\/span> ordinance<\/span>.\n\t\t\tNo proffer shall be accepted by a locality<\/span> unless it has adopted a capital improvement program pursuant to § 15.2-2239<\/a> or local charter. In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent a locality<\/span> from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition<\/span> of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning<\/span> map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning<\/span> ordinance<\/span> with respect to the zoning<\/span> district applicable thereto initiated by the governing body<\/span>, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning<\/span> district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud<\/span>, or a change in circumstances substantially affecting the public health, safety, or welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body<\/span> by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning<\/span> district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body<\/span> may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development<\/span> of the property. Any landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body<\/span> affecting use, floor area ratio, and density set out in subsection B above, unless there has been mistake, fraud<\/span>, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning<\/span> ordinance<\/span> text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation<\/span> pending prior to July 1, 1990, or any such litigation<\/span> nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286<\/a> or other provision of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAME; ADDITIONAL CONDITIONS AS A PART OF REZONING OR ZONING MAP AMENDMENT IN\nCERTAIN HIGH-GROWTH LOCALITIES (\u00a7 15.2-2298)\n\nA. Except for those localities to which § 15.2-2303 is applicable, this\nsection shall apply to (i) any locality which has had population growth of 5% or\nmore from the next-to-latest to latest decennial census year, based on\npopulation reported by the United States Bureau of the Census; (ii) any city\nadjoining such city or county; (iii) any towns located within such county; and\n(iv) any county contiguous with at least three such counties, and any town\nlocated in that county. However, any such locality may by ordinance choose to\nutilize the conditional zoning authority granted under § 15.2-2303 rather\nthan this section.\n\t\t\tIn any such locality, notwithstanding any contrary provisions of §\n15.2-2297, a zoning ordinance may include and provide for the voluntary\nproffering in writing, by the owner, of reasonable conditions, prior to a public\nhearing before the governing body, in addition to the regulations provided for\nthe zoning district or zone by the ordinance, as a part of a rezoning or\namendment to a zoning map, provided that (i) the rezoning itself gives rise to\nthe need for the conditions; (ii) the conditions have a reasonable relation to\nthe rezoning; and (iii) all conditions are in conformity with the comprehensive\nplan as defined in § 15.2-2223.\n\t\t\tReasonable conditions may include the payment of cash for any off-site road\nimprovement or any off-site transportation improvement that is adopted as an\namendment to the required comprehensive plan and incorporated into the capital\nimprovements program, provided that nothing herein shall prevent a locality from\naccepting proffered conditions which are not normally included in a capital\nimprovement program. For purposes of this section, “road\nimprovement” includes construction of new roads or improvement or\nexpansion of existing roads as required by applicable construction standards of\nthe Virginia Department of Transportation to meet increased demand attributable\nto new development. For purposes of this section, “transportation\nimprovement” means any real or personal property acquired, constructed,\nimproved, or used for constructing, improving, or operating any (i) public mass\ntransit system or (ii) highway, or portion or interchange thereof, including\nparking facilities located within a district created pursuant to this title.\nSuch improvements shall include, without limitation, public mass transit\nsystems, public highways, and all buildings, structures, approaches, and\nfacilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels,\nstations, terminals, and all related equipment and fixtures.\n\t\t\tReasonable conditions shall not include, however, conditions that impose upon\nthe applicant the requirement to create a property owners’ association\nunder the Property Owners’ Association Act (§ 55.1-1800 et seq.)\nwhich includes an express further condition that members of a property\nassociation pay an assessment for the maintenance of public facilities owned in\nfee by a public entity, including open space, parks, schools, fire departments,\nand other public facilities not otherwise provided for in § 15.2-2241;\nhowever, such facilities shall not include sidewalks, special street signs or\nmarkers, or special street lighting in public rights-of-way not maintained by\nthe Department of Transportation. The governing body may also accept amended\nproffers once the public hearing has begun if the amended proffers do not\nmaterially affect the overall proposal. Once proffered and accepted as part of\nan amendment to the zoning ordinance, the conditions shall continue in effect\nuntil a subsequent amendment changes the zoning on the property covered by the\nconditions; however, the conditions shall continue if the subsequent amendment\nis part of a comprehensive implementation of a new or substantially revised\nzoning ordinance.\n\t\t\tNo proffer shall be accepted by a locality unless it has adopted a capital\nimprovement program pursuant to § 15.2-2239 or local charter. In the event\nproffered conditions include the dedication of real property or payment of cash,\nthe property shall not transfer and the payment of cash shall not be made until\nthe facilities for which the property is dedicated or cash is tendered are\nincluded in the capital improvement program, provided that nothing herein shall\nprevent a locality from accepting proffered conditions which are not normally\nincluded in a capital improvement program. If proffered conditions include the\ndedication of real property or the payment of cash, the proffered conditions\nshall provide for the disposition of the property or cash payment in the event\nthe property or cash payment is not used for the purpose for which proffered.\n\nB. In the event proffered conditions include a requirement for the dedication of\nreal property of substantial value, or substantial cash payments for or\nconstruction of substantial public improvements, the need for which is not\ngenerated solely by the rezoning itself, then no amendment to the zoning map for\nthe property subject to such conditions, nor the conditions themselves, nor any\namendments to the text of the zoning ordinance with respect to the zoning\ndistrict applicable thereto initiated by the governing body, which eliminate, or\nmaterially restrict, reduce, or modify the uses, the floor area ratio, or the\ndensity of use permitted in the zoning district applicable to the property,\nshall be effective with respect to the property unless there has been mistake,\nfraud, or a change in circumstances substantially affecting the public health,\nsafety, or welfare.\n\nC. Any landowner who has prior to July 1, 1990, proffered the dedication of real\nproperty of substantial value, or substantial cash payments for or construction\nof substantial public improvements, the need for which is not generated solely\nby the rezoning itself, but who has not substantially implemented such proffers\nprior to July 1, 1990, shall advise the local governing body by certified mail\nprior to July 1, 1991, that he intends to proceed with the implementation of\nsuch proffers. The notice shall identify the property to be developed, the\nzoning district, and the proffers applicable thereto. Thereafter, any landowner\ngiving such notice shall have until July 1, 1995, substantially to implement the\nproffers, or such later time as the governing body may allow. Thereafter, the\nlandowner in good faith shall diligently pursue the completion of the\ndevelopment of the property. Any landowner who complies with the requirements of\nthis subsection shall be entitled to the protection against action initiated by\nthe governing body affecting use, floor area ratio, and density set out in\nsubsection B above, unless there has been mistake, fraud, or a change in\ncircumstances substantially affecting the public health, safety, or welfare, but\nany landowner failing to comply with the requirements of this subsection shall\nacquire no rights pursuant to this section.\n\nD. The provisions of subsections B and C of this section shall be effective\nprospectively only, and not retroactively, and shall not apply to any zoning\nordinance text amendments which may have been enacted prior to March 10, 1990.\nNothing contained herein shall be construed to affect any litigation pending\nprior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority\nof a governing body to:\n\n 1. Accept proffered conditions which include provisions for timing or phasing\n of dedications, payments, or improvements; or\n\n 2. Accept or impose valid conditions pursuant to subdivision A 3 of §\n 15.2-2286 or other provision of law.\n\nHISTORY: 1989, c. 697, \u00a7 15.1-492.2:1; 1990, c. 868; 1991, c. 233; 1997, c.\n587; 2001, c. 703; 2006, cc. 450, 882; 2007, c. 324.","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}}