{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2303.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2303.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2303.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2303.2.html"}],"law_id":72559,"edition_id":1,"section_id":72559,"structure_id":12775,"section_number":"15.2-2303.2","catch_line":"Proffered cash payments and expenditures","history":"2001, c. 282; 2003, c. 522; 2005, c. 855; 2006, cc. 583, 872, 882; 2007, c. 321; 2012, c. 521; 2013, cc. 510, 541.","full_text":"A\n\nThe governing body of any locality accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, within 12 years of receiving full payment of all cash proffered pursuant to an approved rezoning application, begin, or cause to begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way acquisition, (v) surveying, or (vi) utility relocation on the improvements for which the cash payments were proffered. A locality that does not comply with the above requirement, or does not begin alternative improvements as provided for in subsection C, shall forward the amount of the proffered cash payments to the Commonwealth Transportation Board no later than December 31 following the fiscal year in which such forfeiture occurred for direct allocation to the secondary system construction program or the urban system construction program for the locality in which the proffered cash payments were collected. The funds to which any locality may be entitled under the provisions of Title 33.2 for construction, improvement, or maintenance of primary, secondary, or urban roads shall not be diminished by reason of any funds remitted pursuant to this subsection by such locality, regardless of whether such contributions are matched by state or federal funds.B\n\nThe governing body of any locality eligible to accept any proffered cash payments pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, for each fiscal year beginning with the fiscal year 2007, (i) include in its capital improvement program created pursuant to § 15.2-2239, or as an appendix thereto, the amount of all proffered cash payments received during the most recent fiscal year for which a report has been filed pursuant to subsection E, and (ii) include in its annual capital budget the amount of proffered cash payments projected to be used for expenditures or appropriated for capital improvements in the ensuing year.C\n\nRegardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body of a locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments proffered for any road improvement or any transportation improvement that is incorporated into the capital improvements program as its matching contribution under § 33.2-357. 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\tRegardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body of a locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments proffered for capital improvements for alternative improvements of the same category within the locality in the vicinity of the improvements for which the cash payments were originally made. Prior to utilization of such cash payments for the alternative improvements, the governing body of the locality shall give at least 30 days’ written notice of the proposed alternative improvements to the entity who paid such cash payment mailed to the last known address of such entity, or if proffer payment records no longer exist, then to the original zoning applicant, and conduct a public hearing on such proposal advertised as provided in subsection F of § 15.2-1427. The governing body of the locality prior to the use of such cash payments for alternative improvements shall, following such public hearing, find: (a) the improvements for which the cash payments were proffered cannot occur in a timely manner or the functional purpose for which the cash payment was made no longer exists; (b) the alternative improvements are within the vicinity of the proposed improvements for which the cash payments were proffered; and (c) the alternative improvements are in the public interest. Notwithstanding the provisions of the Virginia Public Procurement Act, the governing body may negotiate and award a contract without competition to an entity that is constructing road improvements pursuant to a proffered zoning condition or special exception condition in order to expand the scope of the road improvements by utilizing cash proffers of others or other available locally generated funds. The local governing body shall adopt a resolution stating the basis for awarding the construction contract to extend the scope of the road improvements. All road improvements to be included in the state primary or secondary system of highways must conform to the adopted standards of the Virginia Department of Transportation.D\n\nNotwithstanding any provision of this section or any other provision of law, general or special, no cash payment proffered pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall be used for any capital improvement to an existing facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility or for any operating expense of any existing facility such as ordinary maintenance or repair.E\n\nThe governing body of any locality with a population in excess of 3,500 persons accepting a cash payment voluntarily proffered pursuant to \u00a7 15.2-2298, 15.2-2303, or 15.2-2303.1 shall within three months of the close of each fiscal year, beginning in fiscal year 2002 and for each fiscal year thereafter, report to the Commission on Local Government the following information for the preceding fiscal year:1\n\nThe aggregate dollar amount of proffered cash payments collected by the locality;2\n\nThe estimated aggregate dollar amount of proffered cash payments that have been pledged to the locality and which pledges are not conditioned on any event other than time; and3\n\nThe total dollar amount of proffered cash payments expended by the locality, and the aggregate dollar amount expended in each of the following categories:F\n\nThe governing body of any locality with a population in excess of 3,500 persons eligible to accept any proffered cash payments pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 but that did not accept any proffered cash payments during the preceding fiscal year shall within three months of the close of each fiscal year, beginning in 2001 and for each fiscal year thereafter, so notify the Commission on Local Government.G\n\nThe Commission on Local Government shall by November 30, 2001, and by November 30 of each fiscal year thereafter, prepare and make available to the public and the chairmen of the Senate Local Government Committee and the House Counties, Cities and Towns Committee an annual report containing the information made available to it pursuant to subsections E and F.","order_by":null,"text":{"0":{"id":261257,"text":"The governing body of any locality accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, within 12 years of receiving full payment of all cash proffered pursuant to an approved rezoning application, begin, or cause to begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way acquisition, (v) surveying, or (vi) utility relocation on the improvements for which the cash payments were proffered. A locality that does not comply with the above requirement, or does not begin alternative improvements as provided for in subsection C, shall forward the amount of the proffered cash payments to the Commonwealth Transportation Board no later than December 31 following the fiscal year in which such forfeiture occurred for direct allocation to the secondary system construction program or the urban system construction program for the locality in which the proffered cash payments were collected. The funds to which any locality may be entitled under the provisions of Title 33.2 for construction, improvement, or maintenance of primary, secondary, or urban roads shall not be diminished by reason of any funds remitted pursuant to this subsection by such locality, regardless of whether such contributions are matched by state or federal funds.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261258,"text":"The governing body of any locality eligible to accept any proffered cash payments pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, for each fiscal year beginning with the fiscal year 2007, (i) include in its capital improvement program created pursuant to § 15.2-2239, or as an appendix thereto, the amount of all proffered cash payments received during the most recent fiscal year for which a report has been filed pursuant to subsection E, and (ii) include in its annual capital budget the amount of proffered cash payments projected to be used for expenditures or appropriated for capital improvements in the ensuing year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261259,"text":"Regardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body of a locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments proffered for any road improvement or any transportation improvement that is incorporated into the capital improvements program as its matching contribution under § 33.2-357. 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\tRegardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body of a locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments proffered for capital improvements for alternative improvements of the same category within the locality in the vicinity of the improvements for which the cash payments were originally made. Prior to utilization of such cash payments for the alternative improvements, the governing body of the locality shall give at least 30 days’ written notice of the proposed alternative improvements to the entity who paid such cash payment mailed to the last known address of such entity, or if proffer payment records no longer exist, then to the original zoning applicant, and conduct a public hearing on such proposal advertised as provided in subsection F of § 15.2-1427. The governing body of the locality prior to the use of such cash payments for alternative improvements shall, following such public hearing, find: (a) the improvements for which the cash payments were proffered cannot occur in a timely manner or the functional purpose for which the cash payment was made no longer exists; (b) the alternative improvements are within the vicinity of the proposed improvements for which the cash payments were proffered; and (c) the alternative improvements are in the public interest. Notwithstanding the provisions of the Virginia Public Procurement Act, the governing body may negotiate and award a contract without competition to an entity that is constructing road improvements pursuant to a proffered zoning condition or special exception condition in order to expand the scope of the road improvements by utilizing cash proffers of others or other available locally generated funds. The local governing body shall adopt a resolution stating the basis for awarding the construction contract to extend the scope of the road improvements. All road improvements to be included in the state primary or secondary system of highways must conform to the adopted standards of the Virginia Department of Transportation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261260,"text":"Notwithstanding any provision of this section or any other provision of law, general or special, no cash payment proffered pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall be used for any capital improvement to an existing facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility or for any operating expense of any existing facility such as ordinary maintenance or repair.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261261,"text":"The governing body of any locality with a population in excess of 3,500 persons accepting a cash payment voluntarily proffered pursuant to \u00a7 15.2-2298, 15.2-2303, or 15.2-2303.1 shall within three months of the close of each fiscal year, beginning in fiscal year 2002 and for each fiscal year thereafter, report to the Commission on Local Government the following information for the preceding fiscal year:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":261262,"text":"The aggregate dollar amount of proffered cash payments collected by the locality;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":261263,"text":"The estimated aggregate dollar amount of proffered cash payments that have been pledged to the locality and which pledges are not conditioned on any event other than time; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":261264,"text":"The total dollar amount of proffered cash payments expended by the locality, and the aggregate dollar amount expended in each of the following categories:","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":261265,"text":"The governing body of any locality with a population in excess of 3,500 persons eligible to accept any proffered cash payments pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 but that did not accept any proffered cash payments during the preceding fiscal year shall within three months of the close of each fiscal year, beginning in 2001 and for each fiscal year thereafter, so notify the Commission on Local Government.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"9":{"id":261266,"text":"The Commission on Local Government shall by November 30, 2001, and by November 30 of each fiscal year thereafter, prepare and make available to the public and the chairmen of the Senate Local Government Committee and the House Counties, Cities and Towns Committee an annual report containing the information made available to it pursuant to subsections E and F.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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; 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This law was first created in 2001. The record of its establishment is cataloged in chapter 282<\/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 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 2003, chapter 522<\/a>; in 2005, chapter 855<\/a>; in 2006, chapters 583<\/a>, 872<\/a>, and 882<\/a>; in 2007, chapter 321<\/a>; in 2012, chapter 521<\/a>; in 2013, chapters 510<\/a> and 541<\/a>.<\/p>","references":[{"id":80500,"section_number":"15.2-2300","catch_line":"Same; records","order_by":null,"url":"\/15.2-2300\/"},{"id":79307,"section_number":"36-132.1","catch_line":"Commission on Local Government","order_by":null,"url":"\/36-132.1\/"}],"refers_to":[{"id":65433,"section_number":"15.2-1427","catch_line":"Adoption of ordinances and resolutions generally; amending or repealing ordinances","order_by":null,"url":"\/15.2-1427\/"},{"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":63949,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","order_by":null,"url":"\/15.2-2298\/"},{"id":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"},{"id":64570,"section_number":"15.2-2303.1","catch_line":"Development agreements in certain counties","order_by":null,"url":"\/15.2-2303.1\/"},{"id":74518,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","order_by":null,"url":"\/33.2-357\/"}],"permalink":{"id":155399,"object_type":"law","relational_id":72559,"identifier":"15.2-2303.2","token":"15.2\/II\/22\/7\/15.2-2303.2","url":"\/15.2-2303.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2303.2\/","token":"15.2\/II\/22\/7\/15.2-2303.2","dublin_core":{"Title":"Proffered cash payments and expenditures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2303.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body<\/span> of any locality<\/span> accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> shall, within 12 years of receiving full payment of all cash proffered pursuant to an approved rezoning application, begin, or cause to begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way acquisition, (v) surveying, or (vi) utility relocation on the improvements for which the cash payments were proffered. A locality<\/span> that does not comply with the above requirement, or does not begin alternative improvements as provided for in subsection C, shall forward the amount of the proffered cash payments to the Commonwealth Transportation Board no later than December 31 following the fiscal year in which such forfeiture occurred for direct allocation to the secondary system construction program or the urban system construction program for the locality<\/span> in which the proffered cash payments were collected. The funds to which any locality<\/span> may be entitled under the provisions of Title 33.2 for construction, improvement, or maintenance of primary, secondary, or urban roads shall not be diminished by reason of any funds remitted pursuant to this subsection by such locality<\/span>, regardless of whether such contributions are matched by state or federal funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The governing body<\/span> of any locality<\/span> eligible to accept any proffered cash payments pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> shall, for each fiscal year beginning with the fiscal year 2007, (i) include in its capital improvement program created pursuant to § 15.2-2239<\/a>, or as an appendix thereto, the amount of all proffered cash payments received during the most recent fiscal year for which a report has been filed pursuant to subsection E, and (ii) include in its annual capital budget the amount of proffered cash payments projected to be used for expenditures or appropriated for capital improvements in the ensuing year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Regardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body<\/span> of a locality<\/span> pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a>, a locality<\/span> may utilize any cash payments proffered for any road improvement<\/span> or any transportation improvement<\/span> that is incorporated into the capital improvements program as its matching contribution under § 33.2-357<\/a>. 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\tRegardless of the date of rezoning approval, unless prohibited by the proffer agreement accepted by the governing body<\/span> of a locality<\/span> pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a>, a locality<\/span> may utilize any cash payments proffered for capital improvements for alternative improvements of the same category within the locality<\/span> in the vicinity of the improvements for which the cash payments were originally made. Prior to utilization of such cash payments for the alternative improvements, the governing body<\/span> of the locality<\/span> shall give at least 30 days’ written notice of the proposed alternative improvements to the entity who paid such cash payment mailed to the last known address of such entity, or if proffer payment records no longer exist, then to the original zoning<\/span> applicant, and conduct a public hearing<\/span> on such proposal advertised as provided in subsection F of § 15.2-1427<\/a>. The governing body<\/span> of the locality<\/span> prior to the use of such cash payments for alternative improvements shall, following such public hearing<\/span>, find: (a) the improvements for which the cash payments were proffered cannot occur in a timely manner or the functional purpose for which the cash payment was made no longer exists; (b) the alternative improvements are within the vicinity of the proposed improvements for which the cash payments were proffered; and (c) the alternative improvements are in the public interest. Notwithstanding the provisions of the Virginia Public Procurement Act, the governing body<\/span> may negotiate and award a contract<\/span> without competition to an entity that is constructing road improvements<\/span> pursuant to a proffered zoning<\/span> condition or special exception<\/span> condition in order<\/span> to expand the scope of the road improvements<\/span> by utilizing cash proffers of others or other available locally generated funds. The local governing body<\/span> shall adopt a resolution stating the basis for awarding the construction contract<\/span> to extend the scope of the road improvements<\/span>. All road improvements<\/span> to be included in the state primary or secondary system of highways must conform to the adopted standards of the Virginia Department of Transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any provision of this section or any other provision of law<\/span>, general or special, no cash payment proffered pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> shall be used for any capital improvement to an existing facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility or for any operating expense of any existing facility such as ordinary maintenance or repair. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The governing body<\/span> of any locality<\/span> with a population in excess of 3,500 persons accepting a cash payment voluntarily proffered pursuant to \u00a7 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> shall within three months of the close of each fiscal year, beginning in fiscal year 2002 and for each fiscal year thereafter, report to the Commission on Local Government<\/span> the following information for the preceding fiscal year: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The aggregate dollar amount of proffered cash payments collected by the locality<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The estimated aggregate dollar amount of proffered cash payments that have been pledged to the locality<\/span> and which pledges are not conditioned on any event other than time; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The total dollar amount of proffered cash payments expended by the locality<\/span>, and the aggregate dollar amount expended in each of the following categories: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The governing body<\/span> of any locality<\/span> with a population in excess of 3,500 persons eligible to accept any proffered cash payments pursuant to § 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> but that did not accept any proffered cash payments during the preceding fiscal year shall within three months of the close of each fiscal year, beginning in 2001 and for each fiscal year thereafter, so notify the Commission on Local Government<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commission on Local Government<\/span> shall by November 30, 2001, and by November 30 of each fiscal year thereafter, prepare and make available to the public and the chairmen of the Senate Local Government<\/span> Committee and the House Counties, Cities and Towns<\/span> Committee an annual report containing the information made available to it pursuant to subsections E and F. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROFFERED CASH PAYMENTS AND EXPENDITURES (\u00a7 15.2-2303.2)\n\nA. The governing body of any locality accepting cash payments voluntarily\nproffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303, or\n15.2-2303.1 shall, within 12 years of receiving full payment of all cash\nproffered pursuant to an approved rezoning application, begin, or cause to begin\n(i) construction, (ii) site work, (iii) engineering, (iv) right-of-way\nacquisition, (v) surveying, or (vi) utility relocation on the improvements for\nwhich the cash payments were proffered. A locality that does not comply with the\nabove requirement, or does not begin alternative improvements as provided for in\nsubsection C, shall forward the amount of the proffered cash payments to the\nCommonwealth Transportation Board no later than December 31 following the fiscal\nyear in which such forfeiture occurred for direct allocation to the secondary\nsystem construction program or the urban system construction program for the\nlocality in which the proffered cash payments were collected. The funds to which\nany locality may be entitled under the provisions of Title 33.2 for\nconstruction, improvement, or maintenance of primary, secondary, or urban roads\nshall not be diminished by reason of any funds remitted pursuant to this\nsubsection by such locality, regardless of whether such contributions are\nmatched by state or federal funds.\n\nB. The governing body of any locality eligible to accept any proffered cash\npayments pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, for each\nfiscal year beginning with the fiscal year 2007, (i) include in its capital\nimprovement program created pursuant to § 15.2-2239, or as an appendix\nthereto, the amount of all proffered cash payments received during the most\nrecent fiscal year for which a report has been filed pursuant to subsection E,\nand (ii) include in its annual capital budget the amount of proffered cash\npayments projected to be used for expenditures or appropriated for capital\nimprovements in the ensuing year.\n\nC. Regardless of the date of rezoning approval, unless prohibited by the proffer\nagreement accepted by the governing body of a locality pursuant to §\n15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments\nproffered for any road improvement or any transportation improvement that is\nincorporated into the capital improvements program as its matching contribution\nunder § 33.2-357. 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\tRegardless of the date of rezoning approval, unless prohibited by the proffer\nagreement accepted by the governing body of a locality pursuant to §\n15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cash payments\nproffered for capital improvements for alternative improvements of the same\ncategory within the locality in the vicinity of the improvements for which the\ncash payments were originally made. Prior to utilization of such cash payments\nfor the alternative improvements, the governing body of the locality shall give\nat least 30 days’ written notice of the proposed alternative improvements\nto the entity who paid such cash payment mailed to the last known address of\nsuch entity, or if proffer payment records no longer exist, then to the original\nzoning applicant, and conduct a public hearing on such proposal advertised as\nprovided in subsection F of § 15.2-1427. The governing body of the locality\nprior to the use of such cash payments for alternative improvements shall,\nfollowing such public hearing, find: (a) the improvements for which the cash\npayments were proffered cannot occur in a timely manner or the functional\npurpose for which the cash payment was made no longer exists; (b) the\nalternative improvements are within the vicinity of the proposed improvements\nfor which the cash payments were proffered; and (c) the alternative improvements\nare in the public interest. Notwithstanding the provisions of the Virginia\nPublic Procurement Act, the governing body may negotiate and award a contract\nwithout competition to an entity that is constructing road improvements pursuant\nto a proffered zoning condition or special exception condition in order to\nexpand the scope of the road improvements by utilizing cash proffers of others\nor other available locally generated funds. The local governing body shall adopt\na resolution stating the basis for awarding the construction contract to extend\nthe scope of the road improvements. All road improvements to be included in the\nstate primary or secondary system of highways must conform to the adopted\nstandards of the Virginia Department of Transportation.\n\nD. Notwithstanding any provision of this section or any other provision of law,\ngeneral or special, no cash payment proffered pursuant to § 15.2-2298,\n15.2-2303, or 15.2-2303.1 shall be used for any capital improvement to an\nexisting facility, such as a renovation or technology upgrade, that does not\nexpand the capacity of such facility or for any operating expense of any\nexisting facility such as ordinary maintenance or repair.\n\nE. The governing body of any locality with a population in excess of 3,500\npersons accepting a cash payment voluntarily proffered pursuant to \u00a7 15.2-2298,\n15.2-2303, or 15.2-2303.1 shall within three months of the close of each fiscal\nyear, beginning in fiscal year 2002 and for each fiscal year thereafter, report\nto the Commission on Local Government the following information for the\npreceding fiscal year:\n\n 1. The aggregate dollar amount of proffered cash payments collected by the\n locality;\n\n 2. The estimated aggregate dollar amount of proffered cash payments that have\n been pledged to the locality and which pledges are not conditioned on any\n event other than time; and\n\n 3. The total dollar amount of proffered cash payments expended by the\n locality, and the aggregate dollar amount expended in each of the following\n categories:\n\nF. The governing body of any locality with a population in excess of 3,500\npersons eligible to accept any proffered cash payments pursuant to §\n15.2-2298, 15.2-2303, or 15.2-2303.1 but that did not accept any proffered cash\npayments during the preceding fiscal year shall within three months of the close\nof each fiscal year, beginning in 2001 and for each fiscal year thereafter, so\nnotify the Commission on Local Government.\n\nG. The Commission on Local Government shall by November 30, 2001, and by\nNovember 30 of each fiscal year thereafter, prepare and make available to the\npublic and the chairmen of the Senate Local Government Committee and the House\nCounties, Cities and Towns Committee an annual report containing the information\nmade available to it pursuant to subsections E and F.\n\nHISTORY: 2001, c. 282; 2003, c. 522; 2005, c. 855; 2006, cc. 583, 872, 882;\n2007, c. 321; 2012, c. 521; 2013, cc. 510, 541.","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}}