{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2303.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2303.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2303.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2303.1.html"}],"law_id":64570,"edition_id":1,"section_id":64570,"structure_id":12775,"section_number":"15.2-2303.1","catch_line":"Development agreements in certain counties","history":"1997, c. 738, \u00a7 15.1-491.001; 2007, c. 813.","full_text":"A\n\nIn order to promote the public health, safety and welfare and to encourage economic development consistent with careful planning, New Kent County may include in its zoning ordinance provisions for the governing body to enter into binding development agreements with any persons owning legal or equitable interests in real property in the county if the property to be developed contains at least one thousand acres.B\n\nAny such agreements shall be for the purpose of stimulating and facilitating economic growth in the county; shall not be inconsistent with the comprehensive plan at the time of the agreement’s adoption, except as may have been authorized by existing zoning ordinances; and shall not authorize any use or condition inconsistent with the zoning ordinance or other ordinances in effect at the time the agreement is made, except as may be authorized by a variance, special exception or similar authorization. The agreement shall be authorized by ordinance, shall be for a term not to exceed fifteen years, and may be renewed by mutual agreement of the parties for successive terms of not more than ten years each. It may provide, among other things, for uses; the density or intensity of uses; the maximum height, size, setback and\/or location of buildings; the number of parking spaces required; the location of streets and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development; or any other land use matters. It may authorize the property owner to transfer to the county land, public improvements, money or anything of value to further the purposes of the agreement or other public purposes set forth in the county’s comprehensive plan, but not as a condition to obtaining any permitted use or zoning. The development agreement shall not run with the land except to the extent provided therein, and the agreement may be amended or canceled in whole or in part by the mutual consent of the parties thereto or their successors in interest and assigns.C\n\nIf, pursuant to the agreement, a property owner who is a party thereto and is not in breach thereof, (i) dedicates or is required to dedicate real property to the county, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, (ii) makes or is required to make cash payments to the county, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, or (iii) makes or is required to make public improvements for the county, the Commonwealth or any other political subdivision or for the federal government or any agency thereof, such dedication, payment or construction therefor shall vest the property owner’s rights under the agreement. If a property owner’s rights have vested, neither any amendment to the zoning map for the subject property nor any amendment to the text of the zoning ordinance with respect to the zoning district applicable to the property which eliminates or restricts, reduces, or modifies the use; the density or intensity of uses; the maximum height, size, setback or location of buildings; the number of parking spaces required; the location of streets and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development; or any other land use or other matters provided for in such agreement shall be effective with respect to such property during the term of the agreement unless there has been a mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare.D\n\nNothing in this section shall be construed to preclude, limit or alter the vesting of rights in accordance with existing law; authorize the impairment of such rights; or invalidate any similar agreements entered into pursuant to existing law.","order_by":null,"text":{"0":{"id":235008,"text":"In order to promote the public health, safety and welfare and to encourage economic development consistent with careful planning, New Kent County may include in its zoning ordinance provisions for the governing body to enter into binding development agreements with any persons owning legal or equitable interests in real property in the county if the property to be developed contains at least one thousand acres.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235009,"text":"Any such agreements shall be for the purpose of stimulating and facilitating economic growth in the county; shall not be inconsistent with the comprehensive plan at the time of the agreement’s adoption, except as may have been authorized by existing zoning ordinances; and shall not authorize any use or condition inconsistent with the zoning ordinance or other ordinances in effect at the time the agreement is made, except as may be authorized by a variance, special exception or similar authorization. The agreement shall be authorized by ordinance, shall be for a term not to exceed fifteen years, and may be renewed by mutual agreement of the parties for successive terms of not more than ten years each. It may provide, among other things, for uses; the density or intensity of uses; the maximum height, size, setback and\/or location of buildings; the number of parking spaces required; the location of streets and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development; or any other land use matters. It may authorize the property owner to transfer to the county land, public improvements, money or anything of value to further the purposes of the agreement or other public purposes set forth in the county’s comprehensive plan, but not as a condition to obtaining any permitted use or zoning. The development agreement shall not run with the land except to the extent provided therein, and the agreement may be amended or canceled in whole or in part by the mutual consent of the parties thereto or their successors in interest and assigns.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235010,"text":"If, pursuant to the agreement, a property owner who is a party thereto and is not in breach thereof, (i) dedicates or is required to dedicate real property to the county, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, (ii) makes or is required to make cash payments to the county, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, or (iii) makes or is required to make public improvements for the county, the Commonwealth or any other political subdivision or for the federal government or any agency thereof, such dedication, payment or construction therefor shall vest the property owner’s rights under the agreement. If a property owner’s rights have vested, neither any amendment to the zoning map for the subject property nor any amendment to the text of the zoning ordinance with respect to the zoning district applicable to the property which eliminates or restricts, reduces, or modifies the use; the density or intensity of uses; the maximum height, size, setback or location of buildings; the number of parking spaces required; the location of streets and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development; or any other land use or other matters provided for in such agreement shall be effective with respect to such property during the term of the agreement unless there has been a mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235011,"text":"Nothing in this section shall be construed to preclude, limit or alter the vesting of rights in accordance with existing law; authorize the impairment of such rights; or invalidate any similar agreements entered into pursuant to existing law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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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This law was first created in 1997. The record of its establishment is cataloged in chapter 738<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2007, chapter 813<\/a>.<\/p>","references":[{"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":62789,"section_number":"36-139.9","catch_line":"Local housing policy; report to Department","order_by":null,"url":"\/36-139.9\/"}],"refers_to":false,"permalink":{"id":155391,"object_type":"law","relational_id":64570,"identifier":"15.2-2303.1","token":"15.2\/II\/22\/7\/15.2-2303.1","url":"\/15.2-2303.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2303.1\/","token":"15.2\/II\/22\/7\/15.2-2303.1","dublin_core":{"Title":"Development agreements in certain counties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2303.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In order<\/span> to promote the public health, safety and welfare and to encourage economic development<\/span> consistent with careful planning, New Kent County<\/span> may include in its zoning<\/span> ordinance<\/span> provisions for the governing body<\/span> to enter into binding development<\/span> agreements with any persons owning legal or equitable<\/span> interests in real property in the county<\/span> if the property to be developed contains at least one thousand acres. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any such agreements shall be for the purpose of stimulating and facilitating economic growth in the county<\/span>; shall not be inconsistent with the comprehensive plan at the time of the agreement’s adoption, except as may have been authorized by existing zoning<\/span> ordinances<\/span>; and shall not authorize any use or condition inconsistent with the zoning<\/span> ordinance<\/span> or other ordinances<\/span> in effect at the time the agreement is made, except as may be authorized by a variance, special exception<\/span> or similar authorization. The agreement shall be authorized by ordinance<\/span>, shall be for a term not to exceed fifteen years, and may be renewed by mutual agreement of the parties for successive terms of not more than ten years each. It may provide, among other things, for uses; the density or intensity of uses; the maximum height, size, setback and\/or location of buildings; the number of parking spaces required; the location of streets<\/span> and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development<\/span>; or any other land use matters. It may authorize the property owner to transfer to the county<\/span> land, public improvements, money or anything of value to further the purposes of the agreement or other public purposes set forth in the county<\/span>’s comprehensive plan, but not as a condition to obtaining any permitted use or zoning<\/span>. The development<\/span> agreement shall not run with the land except to the extent provided therein, and the agreement may be amended or canceled in whole or in part by the mutual consent of the parties thereto or their successors in interest and assigns. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, pursuant to the agreement, a property owner who is a party<\/span> thereto and is not in breach thereof, (i) dedicates or is required to dedicate real property to the county<\/span>, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, (ii) makes or is required to make cash payments to the county<\/span>, the Commonwealth or any other political subdivision or to the federal government or any agency thereof, or (iii) makes or is required to make public improvements for the county<\/span>, the Commonwealth or any other political subdivision or for the federal government or any agency thereof, such dedication, payment or construction therefor shall vest the property owner’s rights under the agreement. If a property owner’s rights have vested, neither any amendment to the zoning<\/span> map for the subject property nor any amendment to the text of the zoning<\/span> ordinance<\/span> with respect to the zoning<\/span> district applicable to the property which eliminates or restricts, reduces, or modifies the use; the density or intensity of uses; the maximum height, size, setback or location of buildings; the number of parking spaces required; the location of streets<\/span> and other public improvements; the measures required to control stormwater; the phasing or timing of construction or development<\/span>; or any other land use or other matters provided for in such agreement shall be effective with respect to such property during the term of the agreement unless there has been a mistake, fraud<\/span> or change in circumstances substantially affecting the public health, safety or welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to preclude, limit or alter the vesting of rights in accordance with existing law<\/span>; authorize the impairment of such rights; or invalidate any similar agreements entered into pursuant to existing law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEVELOPMENT AGREEMENTS IN CERTAIN COUNTIES (\u00a7 15.2-2303.1)\n\nA. In order to promote the public health, safety and welfare and to encourage\neconomic development consistent with careful planning, New Kent County may\ninclude in its zoning ordinance provisions for the governing body to enter into\nbinding development agreements with any persons owning legal or equitable\ninterests in real property in the county if the property to be developed\ncontains at least one thousand acres.\n\nB. Any such agreements shall be for the purpose of stimulating and facilitating\neconomic growth in the county; shall not be inconsistent with the comprehensive\nplan at the time of the agreement’s adoption, except as may have been\nauthorized by existing zoning ordinances; and shall not authorize any use or\ncondition inconsistent with the zoning ordinance or other ordinances in effect\nat the time the agreement is made, except as may be authorized by a variance,\nspecial exception or similar authorization. The agreement shall be authorized by\nordinance, shall be for a term not to exceed fifteen years, and may be renewed\nby mutual agreement of the parties for successive terms of not more than ten\nyears each. It may provide, among other things, for uses; the density or\nintensity of uses; the maximum height, size, setback and\/or location of\nbuildings; the number of parking spaces required; the location of streets and\nother public improvements; the measures required to control stormwater; the\nphasing or timing of construction or development; or any other land use matters.\nIt may authorize the property owner to transfer to the county land, public\nimprovements, money or anything of value to further the purposes of the\nagreement or other public purposes set forth in the county’s comprehensive\nplan, but not as a condition to obtaining any permitted use or zoning. The\ndevelopment agreement shall not run with the land except to the extent provided\ntherein, and the agreement may be amended or canceled in whole or in part by the\nmutual consent of the parties thereto or their successors in interest and\nassigns.\n\nC. If, pursuant to the agreement, a property owner who is a party thereto and is\nnot in breach thereof, (i) dedicates or is required to dedicate real property to\nthe county, the Commonwealth or any other political subdivision or to the\nfederal government or any agency thereof, (ii) makes or is required to make cash\npayments to the county, the Commonwealth or any other political subdivision or\nto the federal government or any agency thereof, or (iii) makes or is required\nto make public improvements for the county, the Commonwealth or any other\npolitical subdivision or for the federal government or any agency thereof, such\ndedication, payment or construction therefor shall vest the property\nowner’s rights under the agreement. If a property owner’s rights\nhave vested, neither any amendment to the zoning map for the subject property\nnor any amendment to the text of the zoning ordinance with respect to the zoning\ndistrict applicable to the property which eliminates or restricts, reduces, or\nmodifies the use; the density or intensity of uses; the maximum height, size,\nsetback or location of buildings; the number of parking spaces required; the\nlocation of streets and other public improvements; the measures required to\ncontrol stormwater; the phasing or timing of construction or development; or any\nother land use or other matters provided for in such agreement shall be\neffective with respect to such property during the term of the agreement unless\nthere has been a mistake, fraud or change in circumstances substantially\naffecting the public health, safety or welfare.\n\nD. Nothing in this section shall be construed to preclude, limit or alter the\nvesting of rights in accordance with existing law; authorize the impairment of\nsuch rights; or invalidate any similar agreements entered into pursuant to\nexisting law.\n\nHISTORY: 1997, c. 738, \u00a7 15.1-491.001; 2007, c. 813.","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}}