{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2403.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2403.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2403.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2403.html"}],"law_id":72495,"edition_id":1,"section_id":72495,"structure_id":15864,"section_number":"15.2-2403","catch_line":"Powers of service districts","history":"Code 1950, \u00a7 15-8.2; 1962, c. 581, \u00a7 15.1-18.2; 1981, c. 631, \u00a7 15.1-18.3; 1982, c. 96; 1984, c. 385; 1985, c. 150; 1987, cc. 61, 80, 82; 1988, c. 402; 1989, c. 3; 1990, cc. 44, 515; 1991, cc. 12, 29; 1992, cc. 232, 655; 1993, c. 744; 1994, c. 166; 1996, cc. 99, 430, 844; 1997, c. 587; 1999, c. 295; 2000, cc. 743, 853, 925; 2002, cc. 198, 202, 230, 356; 2003, c. 493; 2004, c. 810; 2006, cc. 10, 394; 2007, cc. 210, 229, 813, 835, 896; 2009, cc. 302, 408; 2010, c. 212; 2018, c. 643; 2019, c. 828.","full_text":"After adoption of an ordinance or ordinances or the entry of an order creating a service district, the governing body or bodies shall have the following powers with respect to the service districts:\n\n1\n\nTo construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district, including but not limited to general government facilities; water supply, dams, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks; economic development services; promotion of business and retail development services; beautification and landscaping; beach and shoreline management and restoration; dredging of creeks and rivers to maintain existing uses; control of infestations of insects that may carry a disease that is dangerous to humans, gypsy moths, cankerworms or other pests identified by the Commissioner of the Department of Agriculture and Consumer Services in accordance with the Virginia Pest Law (§ 3.2-700 et seq.); public parking; extra security, street cleaning, snow removal and refuse collection services; sponsorship and promotion of recreational and cultural activities; upon petition of over 50 percent of the property owners who own not less than 50 percent of the property to be served, construction, maintenance, and general upkeep of streets and roads; construction, maintenance, and general upkeep of streets and roads through creation of urban transportation service districts pursuant to § 15.2-2403.1; and other services, events, or activities that will enhance the public use and enjoyment of and the public safety, public convenience, and public well-being within a service district. Such services, events, or activities shall not be undertaken for the sole or dominant benefit of any particular individual, business or other private entity. Any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body of the locality and meet the appropriate requirements of the Department.2\n\nNotwithstanding the provisions of § 33.2-326, to provide, in addition to services authorized by subdivision 1, transportation and transportation services within a service district, regardless of whether the facilities subject to the services are or will be operated or maintained by the Virginia Department of Transportation, including, but not limited to: public transportation systems serving the district; transportation management services; road construction, including any new roads or improvements to existing roads; rehabilitation and replacement of existing transportation facilities or systems; and sound walls or sound barriers. However, any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body of the locality and meet the appropriate requirements of the Department. The proceeds from any annual tax or portion thereof collected for road construction pursuant to subdivision 6 may be accumulated and set aside for such reasonable period of time as is necessary to finance such construction; however, the governing body or bodies shall make available an annual disclosure statement, which shall contain the amount of any such proceeds accumulated and set aside to finance such road construction.3\n\nTo acquire in accordance with § 15.2-1800, any such facilities and equipment and rights, title, interest or easements therefor in and to real estate in such district and maintain and operate the same as may be necessary and desirable to provide the governmental services authorized by subdivisions 1 and 2.4\n\nTo contract with any person, municipality or state agency to provide the governmental services authorized by subdivisions 1 and 2 and to construct, establish, maintain, and operate any such facilities and equipment as may be necessary and desirable in connection therewith.5\n\nTo require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. The owners or tenants shall have the right of appeal to the circuit court within 10 days from action by the governing body.6\n\nTo levy and collect an annual tax upon any property in such service district subject to local taxation to pay, either in whole or in part, the expenses and charges for providing the governmental services authorized by subdivisions 1, 2 and 11 and for constructing, maintaining, and operating such facilities and equipment as may be necessary and desirable in connection therewith; however, such annual tax shall not be levied for or used to pay for schools, police, or general government services not authorized by this section, and the proceeds from such annual tax shall be so segregated as to enable the same to be expended in the district in which raised. Such tax may be levied on taxable real estate zoned for residential, commercial, industrial or other uses, or any combination of such use classification, within the geographic boundaries of the service district; however, such tax shall only be levied upon the specific classification of real estate that the local governing body deems the provided governmental services to benefit. In addition to the tax on property authorized herein, in the City of Virginia Beach, the city council shall have the power to impose a tax on the base transient room rentals, excluding hotels, motels, and travel campgrounds, within such service district at a rate or percentage not higher than five percent which is in addition to any other transient room rental tax imposed by the city. The proceeds from such additional transient room rental tax shall be deposited in a special fund to be used only for the purpose of beach and shoreline management and restoration. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the service district, notwithstanding any special use value assessment of property within the service district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent. In addition to the taxes and assessments described herein, a locality creating a service district may contribute from its general fund any amount of funds it deems appropriate to pay for the governmental services authorized by subdivisions 1, 2, and 11 of this section.7\n\nTo accept the allocation, contribution or funds of, or to reimburse from, any available source, including, but not limited to, any person, authority, transportation district, locality, or state or federal agency for either the whole or any part of the costs, expenses and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, expansion, and the operation or maintenance of any facilities and services in the district.8\n\nTo employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment may be necessary or desirable to provide the governmental services authorized by subdivisions 1, 2 and 11 or for the construction, operation, or maintenance of any such facilities and equipment as may be necessary or desirable in connection therewith.9\n\nTo create and terminate a development board or other body to which shall be granted and assigned such powers and responsibilities with respect to a special service district as are delegated to it by ordinance adopted by the governing body of such locality or localities. Any such board or alternative body created shall be responsible for control and management of funds appropriated for its use by the governing body or bodies, and such funds may be used to employ or contract with, on such terms and conditions as the board or other body shall determine, persons, municipal or other governmental entities or such other entities as the development board or alternative body deems necessary to accomplish the purposes for which the development board or alternative body has been created. If the district was created by court order, the ordinance creating the development board or alternative body may provide that the members appointed to the board or alternative body shall consist of a majority of the landowners who petitioned for the creation of the district, or their designees or nominees.10\n\nTo negotiate and contract with any person or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the district.11\n\nTo acquire by purchase, gift, devise, bequest, grant, or otherwise title to or any interests or rights of not less than five years’ duration in real property that will provide a means for the preservation or provision of open-space land as provided for in the Open-Space Land Act (§ 10.1-1700 et seq.). Notwithstanding the provisions of subdivision 3, the governing body shall not use the power of condemnation to acquire any interest in land for the purposes of this subdivision.12\n\nTo contract with any state agency or state or local authority for services within the power of the agency or authority related to the financing, construction, or operation of the facilities and services to be provided within the district; however, nothing in this subdivision shall authorize a locality to obligate its general tax revenues, or to pledge its full faith and credit.13\n\nIn the Town of Front Royal, to construct, maintain, and operate facilities, equipment, and programs as may be necessary or desirable to control, eradicate, and prevent the infestation of rats and removal of skunks and the conditions that harbor them.14\n\nIn Accomack County, to construct, maintain, and operate in the Wallops Research Park, consistent with all applicable federal, state, and local laws and regulations, such infrastructure, services, or amenities as may be necessary or desirable to provide access for aerospace-related economic development to the NASA\/Wallops Flight Facility runway and related facilities, and to create and terminate a Wallops Research Park Partnership body, which shall consist of one representative of the NASA\/Wallops Research Flight Facility, one representative of the U.S. Navy Surface Combat Systems Center, one representative of the Marine Science Consortium, one representative of the Accomack County government, the Chancellor of the Virginia Community College System, and one representative of the Virginia Economic Development Partnership. The Partnership body shall have all of the powers enumerated in § 15.2-2403. Federal appointees to the Partnership body shall maintain their absolute duties of loyalty to the U.S. government.15\n\nTo contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.\n\t\t\tAs used in this subdivision:\n\t\t\t“Area unserved by broadband” means a designated area in which less than 10 percent of residential and commercial units are capable of receiving broadband service, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such percentage from time to time.\n\t\t\t“Broadband” means Internet access at speeds greater than 10 Mbps download speed and one Mbps upload speed, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such speeds from time to time.","order_by":null,"text":{"0":{"id":261075,"text":"After adoption of an ordinance or ordinances or the entry of an order creating a service district, the governing body or bodies shall have the following powers with respect to the service districts:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":261076,"text":"To construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district, including but not limited to general government facilities; water supply, dams, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks; economic development services; promotion of business and retail development services; beautification and landscaping; beach and shoreline management and restoration; dredging of creeks and rivers to maintain existing uses; control of infestations of insects that may carry a disease that is dangerous to humans, gypsy moths, cankerworms or other pests identified by the Commissioner of the Department of Agriculture and Consumer Services in accordance with the Virginia Pest Law (§ 3.2-700 et seq.); public parking; extra security, street cleaning, snow removal and refuse collection services; sponsorship and promotion of recreational and cultural activities; upon petition of over 50 percent of the property owners who own not less than 50 percent of the property to be served, construction, maintenance, and general upkeep of streets and roads; construction, maintenance, and general upkeep of streets and roads through creation of urban transportation service districts pursuant to § 15.2-2403.1; and other services, events, or activities that will enhance the public use and enjoyment of and the public safety, public convenience, and public well-being within a service district. Such services, events, or activities shall not be undertaken for the sole or dominant benefit of any particular individual, business or other private entity. Any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body of the locality and meet the appropriate requirements of the Department.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":261077,"text":"Notwithstanding the provisions of § 33.2-326, to provide, in addition to services authorized by subdivision 1, transportation and transportation services within a service district, regardless of whether the facilities subject to the services are or will be operated or maintained by the Virginia Department of Transportation, including, but not limited to: public transportation systems serving the district; transportation management services; road construction, including any new roads or improvements to existing roads; rehabilitation and replacement of existing transportation facilities or systems; and sound walls or sound barriers. However, any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body of the locality and meet the appropriate requirements of the Department. The proceeds from any annual tax or portion thereof collected for road construction pursuant to subdivision 6 may be accumulated and set aside for such reasonable period of time as is necessary to finance such construction; however, the governing body or bodies shall make available an annual disclosure statement, which shall contain the amount of any such proceeds accumulated and set aside to finance such road construction.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":261078,"text":"To acquire in accordance with § 15.2-1800, any such facilities and equipment and rights, title, interest or easements therefor in and to real estate in such district and maintain and operate the same as may be necessary and desirable to provide the governmental services authorized by subdivisions 1 and 2.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":261079,"text":"To contract with any person, municipality or state agency to provide the governmental services authorized by subdivisions 1 and 2 and to construct, establish, maintain, and operate any such facilities and equipment as may be necessary and desirable in connection therewith.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":261080,"text":"To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. The owners or tenants shall have the right of appeal to the circuit court within 10 days from action by the governing body.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":261081,"text":"To levy and collect an annual tax upon any property in such service district subject to local taxation to pay, either in whole or in part, the expenses and charges for providing the governmental services authorized by subdivisions 1, 2 and 11 and for constructing, maintaining, and operating such facilities and equipment as may be necessary and desirable in connection therewith; however, such annual tax shall not be levied for or used to pay for schools, police, or general government services not authorized by this section, and the proceeds from such annual tax shall be so segregated as to enable the same to be expended in the district in which raised. Such tax may be levied on taxable real estate zoned for residential, commercial, industrial or other uses, or any combination of such use classification, within the geographic boundaries of the service district; however, such tax shall only be levied upon the specific classification of real estate that the local governing body deems the provided governmental services to benefit. In addition to the tax on property authorized herein, in the City of Virginia Beach, the city council shall have the power to impose a tax on the base transient room rentals, excluding hotels, motels, and travel campgrounds, within such service district at a rate or percentage not higher than five percent which is in addition to any other transient room rental tax imposed by the city. The proceeds from such additional transient room rental tax shall be deposited in a special fund to be used only for the purpose of beach and shoreline management and restoration. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the service district, notwithstanding any special use value assessment of property within the service district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent. In addition to the taxes and assessments described herein, a locality creating a service district may contribute from its general fund any amount of funds it deems appropriate to pay for the governmental services authorized by subdivisions 1, 2, and 11 of this section.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":261082,"text":"To accept the allocation, contribution or funds of, or to reimburse from, any available source, including, but not limited to, any person, authority, transportation district, locality, or state or federal agency for either the whole or any part of the costs, expenses and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, expansion, and the operation or maintenance of any facilities and services in the district.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":261083,"text":"To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment may be necessary or desirable to provide the governmental services authorized by subdivisions 1, 2 and 11 or for the construction, operation, or maintenance of any such facilities and equipment as may be necessary or desirable in connection therewith.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":261084,"text":"To create and terminate a development board or other body to which shall be granted and assigned such powers and responsibilities with respect to a special service district as are delegated to it by ordinance adopted by the governing body of such locality or localities. Any such board or alternative body created shall be responsible for control and management of funds appropriated for its use by the governing body or bodies, and such funds may be used to employ or contract with, on such terms and conditions as the board or other body shall determine, persons, municipal or other governmental entities or such other entities as the development board or alternative body deems necessary to accomplish the purposes for which the development board or alternative body has been created. If the district was created by court order, the ordinance creating the development board or alternative body may provide that the members appointed to the board or alternative body shall consist of a majority of the landowners who petitioned for the creation of the district, or their designees or nominees.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":261085,"text":"To negotiate and contract with any person or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the district.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":261086,"text":"To acquire by purchase, gift, devise, bequest, grant, or otherwise title to or any interests or rights of not less than five years’ duration in real property that will provide a means for the preservation or provision of open-space land as provided for in the Open-Space Land Act (§ 10.1-1700 et seq.). Notwithstanding the provisions of subdivision 3, the governing body shall not use the power of condemnation to acquire any interest in land for the purposes of this subdivision.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":261087,"text":"To contract with any state agency or state or local authority for services within the power of the agency or authority related to the financing, construction, or operation of the facilities and services to be provided within the district; however, nothing in this subdivision shall authorize a locality to obligate its general tax revenues, or to pledge its full faith and credit.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":261088,"text":"In the Town of Front Royal, to construct, maintain, and operate facilities, equipment, and programs as may be necessary or desirable to control, eradicate, and prevent the infestation of rats and removal of skunks and the conditions that harbor them.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":261089,"text":"In Accomack County, to construct, maintain, and operate in the Wallops Research Park, consistent with all applicable federal, state, and local laws and regulations, such infrastructure, services, or amenities as may be necessary or desirable to provide access for aerospace-related economic development to the NASA\/Wallops Flight Facility runway and related facilities, and to create and terminate a Wallops Research Park Partnership body, which shall consist of one representative of the NASA\/Wallops Research Flight Facility, one representative of the U.S. Navy Surface Combat Systems Center, one representative of the Marine Science Consortium, one representative of the Accomack County government, the Chancellor of the Virginia Community College System, and one representative of the Virginia Economic Development Partnership. The Partnership body shall have all of the powers enumerated in § 15.2-2403. Federal appointees to the Partnership body shall maintain their absolute duties of loyalty to the U.S. government.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":261090,"text":"To contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.\n\t\t\tAs used in this subdivision:\n\t\t\t“Area unserved by broadband” means a designated area in which less than 10 percent of residential and commercial units are capable of receiving broadband service, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such percentage from time to time.\n\t\t\t“Broadband” means Internet access at speeds greater than 10 Mbps download speed and one Mbps upload speed, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such speeds from time to time.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14"}},"ancestry":[{"id":15864,"edition_id":1,"name":"Service Districts","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14036,"metadata":{},"date_created":"2026-06-26 04:00:48","date_modified":"2026-06-26 04:00:48","permalink":{"id":155591,"object_type":"structure","relational_id":15864,"identifier":"1","token":"15.2\/II\/24\/1","url":"\/15.2\/II\/24\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14036,"edition_id":1,"name":"Service Districts; Taxes and Assessments for Local Improvements","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:46:40","date_modified":"2026-06-26 03:46:40","permalink":{"id":155589,"object_type":"structure","relational_id":14036,"identifier":"24","token":"15.2\/II\/24","url":"\/15.2\/II\/24\/","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":81415,"structure_id":15864,"section_number":"15.2-2400","catch_line":"Creation of service districts","url":"\/15.2-2400\/","token":"15.2\/II\/24\/1\/15.2-2400","metadata":false},{"id":78411,"structure_id":15864,"section_number":"15.2-2401","catch_line":"Creation of service districts by court order in consolidated cities","url":"\/15.2-2401\/","token":"15.2\/II\/24\/1\/15.2-2401","metadata":false},{"id":67368,"structure_id":15864,"section_number":"15.2-2402","catch_line":"Description of proposed service district","url":"\/15.2-2402\/","token":"15.2\/II\/24\/1\/15.2-2402","metadata":false},{"id":70522,"structure_id":15864,"section_number":"15.2-2402.1","catch_line":"Change to service district boundaries","url":"\/15.2-2402.1\/","token":"15.2\/II\/24\/1\/15.2-2402.1","metadata":false},{"id":72495,"structure_id":15864,"section_number":"15.2-2403","catch_line":"Powers of service districts","url":"\/15.2-2403\/","token":"15.2\/II\/24\/1\/15.2-2403","metadata":false},{"id":77552,"structure_id":15864,"section_number":"15.2-2403.1","catch_line":"Creation of urban transportation service districts","url":"\/15.2-2403.1\/","token":"15.2\/II\/24\/1\/15.2-2403.1","metadata":false},{"id":66983,"structure_id":15864,"section_number":"15.2-2403.2","catch_line":"Virginia Wallops Research Park Leadership Council established","url":"\/15.2-2403.2\/","token":"15.2\/II\/24\/1\/15.2-2403.2","metadata":false},{"id":83756,"structure_id":15864,"section_number":"15.2-2403.3","catch_line":"Stormwater service districts; allocation of revenues","url":"\/15.2-2403.3\/","token":"15.2\/II\/24\/1\/15.2-2403.3","metadata":false},{"id":61317,"structure_id":15864,"section_number":"15.2-2403.4","catch_line":"Community improvement districts","url":"\/15.2-2403.4\/","token":"15.2\/II\/24\/1\/15.2-2403.4","metadata":false}],"previous_section":{"id":70522,"structure_id":15864,"section_number":"15.2-2402.1","catch_line":"Change to service district boundaries","url":"\/15.2-2402.1\/","token":"15.2\/II\/24\/1\/15.2-2402.1","metadata":false},"next_section":{"id":77552,"structure_id":15864,"section_number":"15.2-2403.1","catch_line":"Creation of urban transportation service districts","url":"\/15.2-2403.1\/","token":"15.2\/II\/24\/1\/15.2-2403.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2403\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 26 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 581; in 1981, chapter 631; in 1982, chapter 96; in 1984, chapter 385; in 1985, chapter 150; in 1987, chapters 61, 80, and 82; in 1988, chapter 402; in 1989, chapter 3; in 1990, chapters 44 and 515; in 1991, chapters 12 and 29; in 1992, chapters 232 and 655; in 1993, chapter 744; in 1994, chapter 166<\/a>; in 1996, chapters 99<\/a>, 430<\/a>, and 844<\/a>; in 1997, chapter 587<\/a>; in 1999, chapter 295<\/a>; in 2000, chapters 743<\/a>, 853<\/a>, and 925<\/a>; in 2002, chapters 198<\/a>, 202<\/a>, 230<\/a>, and 356<\/a>; in 2003, chapter 493<\/a>; in 2004, chapter 810<\/a>; in 2006, chapters 10<\/a> and 394<\/a>; in 2007, chapters 210<\/a>, 229<\/a>, 813<\/a>, 835<\/a>, and 896<\/a>; in 2009, chapters 302<\/a> and 408<\/a>; in 2010, chapter 212<\/a>; in 2018, chapter 643<\/a>; in 2019, chapter 828<\/a>.<\/p>","references":[{"id":72495,"section_number":"15.2-2403","catch_line":"Powers of service districts","order_by":null,"url":"\/15.2-2403\/"},{"id":83756,"section_number":"15.2-2403.3","catch_line":"Stormwater service districts; allocation of revenues","order_by":null,"url":"\/15.2-2403.3\/"},{"id":61317,"section_number":"15.2-2403.4","catch_line":"Community improvement districts","order_by":null,"url":"\/15.2-2403.4\/"}],"refers_to":[{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"},{"id":82693,"section_number":"15.2-1800","catch_line":"Purchase, sale, use, etc., of real property","order_by":null,"url":"\/15.2-1800\/"},{"id":72495,"section_number":"15.2-2403","catch_line":"Powers of service districts","order_by":null,"url":"\/15.2-2403\/"},{"id":77552,"section_number":"15.2-2403.1","catch_line":"Creation of urban transportation service districts","order_by":null,"url":"\/15.2-2403.1\/"},{"id":81688,"section_number":"3.2-700","catch_line":"Definitions","order_by":null,"url":"\/3.2-700\/"},{"id":77202,"section_number":"33.2-326","catch_line":"Control, supervision, and management of secondary state highway system components","order_by":null,"url":"\/33.2-326\/"},{"id":56646,"section_number":"58.1-3229","catch_line":"Repealed","order_by":null,"url":"\/58.1-3229\/"}],"permalink":{"id":155609,"object_type":"law","relational_id":72495,"identifier":"15.2-2403","token":"15.2\/II\/24\/1\/15.2-2403","url":"\/15.2-2403\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2403\/","token":"15.2\/II\/24\/1\/15.2-2403","dublin_core":{"Title":"Powers of service districts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2403","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

After adoption of an ordinance<\/span> or ordinances<\/span> or the entry of an order<\/span> creating a service district, the governing body<\/span> or bodies shall have the following powers with respect to the service districts:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district, including but not limited to general government facilities; water supply, dams, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks; economic development services; promotion of business and retail development services; beautification and landscaping; beach and shoreline management and restoration; dredging of creeks and rivers to maintain existing uses; control of infestations of insects that may carry a disease that is dangerous to humans, gypsy moths, cankerworms or other pests identified by the Commissioner of the Department of Agriculture and Consumer Services in accordance with the Virginia Pest Law<\/span> (§ 3.2-700<\/a> et seq.); public parking; extra security, street cleaning, snow removal and refuse collection services; sponsorship and promotion of recreational and cultural activities; upon petition<\/span> of over 50 percent of the property owners who own not less than 50 percent of the property to be served, construction, maintenance, and general upkeep of streets and roads; construction, maintenance, and general upkeep of streets and roads through creation of urban transportation service districts pursuant to § 15.2-2403.1<\/a>; and other services, events, or activities that will enhance the public use and enjoyment of and the public safety, public convenience, and public well-being within a service district. Such services, events, or activities shall not be undertaken for the sole or dominant benefit of any particular individual, business or other private entity. Any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body<\/span> of the locality<\/span> and meet the appropriate requirements of the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Notwithstanding the provisions of § 33.2-326<\/a>, to provide, in addition to services authorized by subdivision 1, transportation and transportation services within a service district, regardless of whether the facilities subject to the services are or will be operated or maintained by the Virginia Department of Transportation, including, but not limited to: public transportation systems serving the district; transportation management services; road construction, including any new roads or improvements to existing roads; rehabilitation and replacement of existing transportation facilities or systems; and sound walls or sound barriers. However, any transportation service, system, facility, roadway, or roadway appurtenance established under this subdivision that will be operated or maintained by the Virginia Department of Transportation shall be established with the involvement of the governing body<\/span> of the locality<\/span> and meet the appropriate requirements of the Department. The proceeds from any annual tax or portion thereof collected for road construction pursuant to subdivision 6 may be accumulated and set aside for such reasonable period of time as is necessary to finance such construction; however, the governing body<\/span> or bodies shall make available an annual disclosure statement<\/span>, which shall contain the amount of any such proceeds accumulated and set aside to finance such road construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To acquire in accordance with § 15.2-1800<\/a>, any such facilities and equipment and rights, title, interest or easements therefor in and to real estate in such district and maintain and operate the same as may be necessary and desirable to provide the governmental services authorized by subdivisions 1 and 2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To contract<\/span> with any person, municipality or state agency to provide the governmental services authorized by subdivisions 1 and 2 and to construct, establish, maintain, and operate any such facilities and equipment as may be necessary and desirable in connection therewith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To require owners or tenants of any property in the district to connect with any such system or systems, and to contract<\/span> with the owners or tenants for such connections. The owners or tenants shall have the right of appeal<\/span> to the circuit<\/span> court<\/span> within 10 days from action by the governing body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To levy<\/span> and collect an annual tax upon any property in such service district subject to local taxation to pay, either in whole or in part, the expenses and charges for providing the governmental services authorized by subdivisions 1, 2 and 11 and for constructing, maintaining, and operating such facilities and equipment as may be necessary and desirable in connection therewith; however, such annual tax shall not be levied for or used to pay for schools, police, or general government services not authorized by this section, and the proceeds from such annual tax shall be so segregated as to enable the same to be expended in the district in which raised. Such tax may be levied on taxable real estate zoned for residential, commercial, industrial or other uses, or any combination of such use classification, within the geographic boundaries of the service district; however, such tax shall only be levied upon the specific classification of real estate that the local governing body<\/span> deems the provided governmental services to benefit. In addition to the tax on property authorized herein, in the City<\/span> of Virginia Beach, the city<\/span> council<\/span> shall have the power to impose a tax on the base transient room rentals, excluding hotels, motels, and travel campgrounds, within such service district at a rate or percentage not higher than five percent which is in addition to any other transient room rental tax imposed by the city<\/span>. The proceeds from such additional transient room rental tax shall be deposited in a special fund to be used only for the purpose of beach and shoreline management and restoration. Any locality<\/span> imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the service district, notwithstanding any special use value assessment of property within the service district for land preservation pursuant to Article 4 (§ 58.1-3229<\/a> et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent. In addition to the taxes and assessments described herein, a locality<\/span> creating a service district may contribute from its general fund any amount of funds it deems appropriate to pay for the governmental services authorized by subdivisions 1, 2, and 11 of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To accept the allocation, contribution or funds of, or to reimburse from, any available source, including, but not limited to, any person, authority, transportation district, locality<\/span>, or state or federal agency for either the whole or any part of the costs, expenses and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, expansion, and the operation or maintenance of any facilities and services in the district. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment<\/span> may be necessary or desirable to provide the governmental services authorized by subdivisions 1, 2 and 11 or for the construction, operation, or maintenance of any such facilities and equipment as may be necessary or desirable in connection therewith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To create and terminate a development board or other body to which shall be granted and assigned such powers and responsibilities with respect to a special service district as are delegated to it by ordinance<\/span> adopted by the governing body<\/span> of such locality<\/span> or localities. Any such board or alternative body created shall be responsible for control and management of funds appropriated for its use by the governing body<\/span> or bodies, and such funds may be used to employ or contract<\/span> with, on such terms and conditions as the board or other body shall determine, persons, municipal or other governmental entities or such other entities as the development board or alternative body deems necessary to accomplish the purposes for which the development board or alternative body has been created. If the district was created by court order<\/span>, the ordinance<\/span> creating the development board or alternative body may provide that the members appointed to the board or alternative body shall consist of a majority of the landowners who petitioned for the creation of the district, or their designees or nominees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To negotiate and contract<\/span> with any person or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the district. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To acquire by purchase, gift, devise, bequest, grant, or otherwise title to or any interests or rights of not less than five years’ duration in real property that will provide a means for the preservation or provision of open-space land as provided for in the Open-Space Land Act (§ 10.1-1700<\/a> et seq.). Notwithstanding the provisions of subdivision 3, the governing body<\/span> shall not use the power of condemnation to acquire any interest in land for the purposes of this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To contract<\/span> with any state agency or state or local authority for services within the power of the agency or authority related to the financing, construction, or operation of the facilities and services to be provided within the district; however, nothing in this subdivision shall authorize a locality<\/span> to obligate its general tax revenues, or to pledge its full faith and credit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> In the Town<\/span> of Front Royal, to construct, maintain, and operate facilities, equipment, and programs as may be necessary or desirable to control, eradicate, and prevent the infestation of rats and removal of skunks and the conditions that harbor them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> In Accomack County<\/span>, to construct, maintain, and operate in the Wallops Research Park, consistent with all applicable federal, state, and local laws<\/span> and regulations, such infrastructure, services, or amenities as may be necessary or desirable to provide access for aerospace-related economic development to the NASA\/Wallops Flight Facility runway and related facilities, and to create and terminate a Wallops Research Park Partnership body, which shall consist of one representative of the NASA\/Wallops Research Flight Facility, one representative of the U.S. Navy Surface Combat Systems Center, one representative of the Marine Science Consortium, one representative of the Accomack County<\/span> government, the Chancellor of the Virginia Community College System, and one representative of the Virginia Economic Development Partnership. The Partnership body shall have all of the powers enumerated in § 15.2-2403<\/a>. Federal appointees to the Partnership body shall maintain their absolute duties of loyalty to the U.S. government. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> To contract<\/span> with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality<\/span> documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality<\/span>.\n\t\t\tAs used in this subdivision:\n\t\t\t“Area unserved by broadband<\/span>” means a designated area in which less than 10 percent of residential and commercial units are capable of receiving broadband service, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such percentage from time to time.\n\t\t\t“Broadband” means Internet access at speeds greater than 10 Mbps download speed and one Mbps upload speed, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such speeds from time to time. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF SERVICE DISTRICTS (\u00a7 15.2-2403)\n\nAfter adoption of an ordinance or ordinances or the entry of an order creating a\nservice district, the governing body or bodies shall have the following powers\nwith respect to the service districts:\n\n1. To construct, maintain, and operate such facilities and equipment as may be\nnecessary or desirable to provide additional, more complete, or more timely\ngovernmental services within a service district, including but not limited to\ngeneral government facilities; water supply, dams, sewerage, garbage removal and\ndisposal, heat, light, fire-fighting equipment and power and gas systems and\nsidewalks; economic development services; promotion of business and retail\ndevelopment services; beautification and landscaping; beach and shoreline\nmanagement and restoration; dredging of creeks and rivers to maintain existing\nuses; control of infestations of insects that may carry a disease that is\ndangerous to humans, gypsy moths, cankerworms or other pests identified by the\nCommissioner of the Department of Agriculture and Consumer Services in\naccordance with the Virginia Pest Law (§ 3.2-700 et seq.); public parking;\nextra security, street cleaning, snow removal and refuse collection services;\nsponsorship and promotion of recreational and cultural activities; upon petition\nof over 50 percent of the property owners who own not less than 50 percent of\nthe property to be served, construction, maintenance, and general upkeep of\nstreets and roads; construction, maintenance, and general upkeep of streets and\nroads through creation of urban transportation service districts pursuant to\n§ 15.2-2403.1; and other services, events, or activities that will enhance\nthe public use and enjoyment of and the public safety, public convenience, and\npublic well-being within a service district. Such services, events, or\nactivities shall not be undertaken for the sole or dominant benefit of any\nparticular individual, business or other private entity. Any transportation\nservice, system, facility, roadway, or roadway appurtenance established under\nthis subdivision that will be operated or maintained by the Virginia Department\nof Transportation shall be established with the involvement of the governing\nbody of the locality and meet the appropriate requirements of the Department.\n\n2. Notwithstanding the provisions of § 33.2-326, to provide, in addition to\nservices authorized by subdivision 1, transportation and transportation services\nwithin a service district, regardless of whether the facilities subject to the\nservices are or will be operated or maintained by the Virginia Department of\nTransportation, including, but not limited to: public transportation systems\nserving the district; transportation management services; road construction,\nincluding any new roads or improvements to existing roads; rehabilitation and\nreplacement of existing transportation facilities or systems; and sound walls or\nsound barriers. However, any transportation service, system, facility, roadway,\nor roadway appurtenance established under this subdivision that will be operated\nor maintained by the Virginia Department of Transportation shall be established\nwith the involvement of the governing body of the locality and meet the\nappropriate requirements of the Department. The proceeds from any annual tax or\nportion thereof collected for road construction pursuant to subdivision 6 may be\naccumulated and set aside for such reasonable period of time as is necessary to\nfinance such construction; however, the governing body or bodies shall make\navailable an annual disclosure statement, which shall contain the amount of any\nsuch proceeds accumulated and set aside to finance such road construction.\n\n3. To acquire in accordance with § 15.2-1800, any such facilities and\nequipment and rights, title, interest or easements therefor in and to real\nestate in such district and maintain and operate the same as may be necessary\nand desirable to provide the governmental services authorized by subdivisions 1\nand 2.\n\n4. To contract with any person, municipality or state agency to provide the\ngovernmental services authorized by subdivisions 1 and 2 and to construct,\nestablish, maintain, and operate any such facilities and equipment as may be\nnecessary and desirable in connection therewith.\n\n5. To require owners or tenants of any property in the district to connect with\nany such system or systems, and to contract with the owners or tenants for such\nconnections. The owners or tenants shall have the right of appeal to the circuit\ncourt within 10 days from action by the governing body.\n\n6. To levy and collect an annual tax upon any property in such service district\nsubject to local taxation to pay, either in whole or in part, the expenses and\ncharges for providing the governmental services authorized by subdivisions 1, 2\nand 11 and for constructing, maintaining, and operating such facilities and\nequipment as may be necessary and desirable in connection therewith; however,\nsuch annual tax shall not be levied for or used to pay for schools, police, or\ngeneral government services not authorized by this section, and the proceeds\nfrom such annual tax shall be so segregated as to enable the same to be expended\nin the district in which raised. Such tax may be levied on taxable real estate\nzoned for residential, commercial, industrial or other uses, or any combination\nof such use classification, within the geographic boundaries of the service\ndistrict; however, such tax shall only be levied upon the specific\nclassification of real estate that the local governing body deems the provided\ngovernmental services to benefit. In addition to the tax on property authorized\nherein, in the City of Virginia Beach, the city council shall have the power to\nimpose a tax on the base transient room rentals, excluding hotels, motels, and\ntravel campgrounds, within such service district at a rate or percentage not\nhigher than five percent which is in addition to any other transient room rental\ntax imposed by the city. The proceeds from such additional transient room rental\ntax shall be deposited in a special fund to be used only for the purpose of\nbeach and shoreline management and restoration. Any locality imposing a tax\npursuant to this subdivision may base the tax on the full assessed value of the\ntaxable property within the service district, notwithstanding any special use\nvalue assessment of property within the service district for land preservation\npursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1,\nprovided the owner of such property has given written consent. In addition to\nthe taxes and assessments described herein, a locality creating a service\ndistrict may contribute from its general fund any amount of funds it deems\nappropriate to pay for the governmental services authorized by subdivisions 1,\n2, and 11 of this section.\n\n7. To accept the allocation, contribution or funds of, or to reimburse from, any\navailable source, including, but not limited to, any person, authority,\ntransportation district, locality, or state or federal agency for either the\nwhole or any part of the costs, expenses and charges incident to the\nacquisition, construction, reconstruction, maintenance, alteration, improvement,\nexpansion, and the operation or maintenance of any facilities and services in\nthe district.\n\n8. To employ and fix the compensation of any technical, clerical, or other force\nand help which from time to time, in their judgment may be necessary or\ndesirable to provide the governmental services authorized by subdivisions 1, 2\nand 11 or for the construction, operation, or maintenance of any such facilities\nand equipment as may be necessary or desirable in connection therewith.\n\n9. To create and terminate a development board or other body to which shall be\ngranted and assigned such powers and responsibilities with respect to a special\nservice district as are delegated to it by ordinance adopted by the governing\nbody of such locality or localities. Any such board or alternative body created\nshall be responsible for control and management of funds appropriated for its\nuse by the governing body or bodies, and such funds may be used to employ or\ncontract with, on such terms and conditions as the board or other body shall\ndetermine, persons, municipal or other governmental entities or such other\nentities as the development board or alternative body deems necessary to\naccomplish the purposes for which the development board or alternative body has\nbeen created. If the district was created by court order, the ordinance creating\nthe development board or alternative body may provide that the members appointed\nto the board or alternative body shall consist of a majority of the landowners\nwho petitioned for the creation of the district, or their designees or nominees.\n\n10. To negotiate and contract with any person or municipality with regard to the\nconnections of any such system or systems with any other system or systems now\nin operation or hereafter established, and with regard to any other matter\nnecessary and proper for the construction or operation and maintenance of any\nsuch system within the district.\n\n11. To acquire by purchase, gift, devise, bequest, grant, or otherwise title to\nor any interests or rights of not less than five years’ duration in real\nproperty that will provide a means for the preservation or provision of\nopen-space land as provided for in the Open-Space Land Act (§ 10.1-1700 et\nseq.). Notwithstanding the provisions of subdivision 3, the governing body shall\nnot use the power of condemnation to acquire any interest in land for the\npurposes of this subdivision.\n\n12. To contract with any state agency or state or local authority for services\nwithin the power of the agency or authority related to the financing,\nconstruction, or operation of the facilities and services to be provided within\nthe district; however, nothing in this subdivision shall authorize a locality to\nobligate its general tax revenues, or to pledge its full faith and credit.\n\n13. In the Town of Front Royal, to construct, maintain, and operate facilities,\nequipment, and programs as may be necessary or desirable to control, eradicate,\nand prevent the infestation of rats and removal of skunks and the conditions\nthat harbor them.\n\n14. In Accomack County, to construct, maintain, and operate in the Wallops\nResearch Park, consistent with all applicable federal, state, and local laws and\nregulations, such infrastructure, services, or amenities as may be necessary or\ndesirable to provide access for aerospace-related economic development to the\nNASA\/Wallops Flight Facility runway and related facilities, and to create and\nterminate a Wallops Research Park Partnership body, which shall consist of one\nrepresentative of the NASA\/Wallops Research Flight Facility, one representative\nof the U.S. Navy Surface Combat Systems Center, one representative of the Marine\nScience Consortium, one representative of the Accomack County government, the\nChancellor of the Virginia Community College System, and one representative of\nthe Virginia Economic Development Partnership. The Partnership body shall have\nall of the powers enumerated in § 15.2-2403. Federal appointees to the\nPartnership body shall maintain their absolute duties of loyalty to the U.S.\ngovernment.\n\n15. To contract with a nongovernmental broadband service provider who will\nconstruct, maintain, and own communications facilities and equipment required to\nfacilitate delivery of last-mile broadband services to unserved areas of the\nservice district, provided that the locality documents that less than 10 percent\nof residential and commercial units within the project area are capable of\nreceiving broadband service at the time the construction project is approved by\nthe locality.\n\t\t\tAs used in this subdivision:\n\t\t\t“Area unserved by broadband” means a designated area in which\nless than 10 percent of residential and commercial units are capable of\nreceiving broadband service, provided that the Department of Housing and\nCommunity Development for its Virginia Telecommunication Initiative may by\nguidelines modify such percentage from time to time.\n\t\t\t“Broadband” means Internet access at speeds greater than 10 Mbps\ndownload speed and one Mbps upload speed, provided that the Department of\nHousing and Community Development for its Virginia Telecommunication Initiative\nmay by guidelines modify such speeds from time to time.\n\nHISTORY: Code 1950, \u00a7 15-8.2; 1962, c. 581, \u00a7 15.1-18.2; 1981, c. 631, \u00a7\n15.1-18.3; 1982, c. 96; 1984, c. 385; 1985, c. 150; 1987, cc. 61, 80, 82; 1988,\nc. 402; 1989, c. 3; 1990, cc. 44, 515; 1991, cc. 12, 29; 1992, cc. 232, 655;\n1993, c. 744; 1994, c. 166; 1996, cc. 99, 430, 844; 1997, c. 587; 1999, c. 295;\n2000, cc. 743, 853, 925; 2002, cc. 198, 202, 230, 356; 2003, c. 493; 2004, c.\n810; 2006, cc. 10, 394; 2007, cc. 210, 229, 813, 835, 896; 2009, cc. 302, 408;\n2010, c. 212; 2018, c. 643; 2019, c. 828.","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}}