{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-4603.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-4603.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-4603.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-4603.html"}],"law_id":74279,"edition_id":1,"section_id":74279,"structure_id":13377,"section_number":"15.2-4603","catch_line":"Creation of district; extension of term of district","history":"1997, c. 587; 2000, c. 435; 2002, c. 770.","full_text":"A\n\nA transportation improvement district shall be created under this chapter only by the resolutions of the boards of supervisors of the adjoining counties, as defined in \u00a7 15.2-4602, upon the joint petition to each board of supervisors in which the proposed district is located of the owners of at least 51 percent of either the land area or the assessed value of land in each county that is within the boundaries of the proposed district and that has been zoned for commercial or industrial use or is used for such purposes. Any proposed district shall include land in each county and may include any land within a town located within such county. Such petitions should:1\n\nSet forth the name and describe the boundaries of the proposed district;2\n\nDescribe the transportation facilities proposed within the district;3\n\nDescribe a proposed plan for providing such transportation facilities within the district and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto which the petitioners request for the proposed district;4\n\nDescribe the benefits that can be expected from the provision of such transportation facilities within the district; and5\n\nRequest each board to establish the proposed district for the purposes set forth in the petition.B\n\nUpon the filing of such a petition, each local board of supervisors shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or who own taxable real property within the boundaries of the proposed district may appear and show cause why any property or properties should not be included in the proposed district. If real property situated within a town is included in the proposed district, the board of supervisors shall deliver a copy of the petition and notice of the public hearing thereon to the town council at least 30 days prior to the public hearing, and the town council may, by resolution, determine if it wishes such property to be included within the proposed district and shall deliver a copy of any such resolution to the board of supervisors at the public hearing required hereunder; the resolution shall be binding upon the board of supervisors with respect to the inclusion or exclusion of such properties within the proposed district. The petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the county. At least 10 days shall intervene between the third publication and the date set for the hearing.C\n\nIf each board of supervisors finds the creation of the proposed district would be in furtherance of the applicable county comprehensive plan for the development of the area, in the best interests of the residents and owners of real property within the proposed district, and in furtherance of the public health, safety, and general welfare, each board of supervisors shall pass a resolution, which shall be reasonably consistent with the petition, creating the district and providing for the appointment of an advisory board in accordance with &#xA7; 15.2-4605. Each resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that shall be in force in the district upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall not be eliminated, reduced, or restricted if a special tax is imposed as provided in &#xA7; 15.2-4607. However, this commitment shall not limit the legislative prerogative of the board of supervisors in any county in which a district is wholly or partly located with respect to land use approvals of any kind arising from requests initiated by an owner of property therein, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, or other state law, or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations.\n\t\t\tNotwithstanding the foregoing provisions of this subsection, in the case of any district created under this section prior to July 1, 1992, all commercial and industrial zoning classifications, and all zoning ordinance text and regulations relating thereto, including site plan regulations, regarding allowable uses, densities, setbacks, building heights, required parking, and open space in force in the district on the date of the district&#8217;s creation, shall be deemed to have been a part of the ordinance creating the district and shall remain at least as permissive without limitation, reduction, or restriction, except as provided in this section with respect to land use approvals of any kind or nature arising from requests initiated by landowners or as required to comply with the Chesapeake Bay Preservation Act or regulations adopted pursuant thereto, other state law or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations, until the earlier of July 1, 2037, or for so long as there remain any outstanding monetary obligations of the district or the commission incurred pursuant to the powers of the commission set forth in this chapter. Any rezonings, with respect to individual parcels of land in a district that have been duly approved by a board of supervisors prior to July 1, 1992, shall remain in effect, regardless of who initiated such rezonings. Each resolution shall also provide that the district shall expire either 35 years from the date upon which the resolution is passed or when the district is abolished in accordance with &#xA7; 15.2-4616; however, the term of any district created under this chapter is extended for a period of 15 years beyond any such 35-year term.\n\t\t\tAfter the public hearing, each board of supervisors shall deliver a true copy of its proposed resolution creating the district to the petitioning landowners or their attorney-in-fact. Any petitioning landowner may then withdraw his signature on the petition in writing at any time prior to the vote of the board of supervisors. If any signatures on the petition are withdrawn as provided herein, the board of supervisors may pass the proposed resolution in conformance herewith only upon certification that the petition continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be. After the boards of supervisors have adopted resolutions creating the district, the district shall be established, and the name of the district shall be &#8220;The ____ Transportation Improvement District.&#8221;","order_by":null,"text":{"0":{"id":267055,"text":"A transportation improvement district shall be created under this chapter only by the resolutions of the boards of supervisors of the adjoining counties, as defined in \u00a7 15.2-4602, upon the joint petition to each board of supervisors in which the proposed district is located of the owners of at least 51 percent of either the land area or the assessed value of land in each county that is within the boundaries of the proposed district and that has been zoned for commercial or industrial use or is used for such purposes. Any proposed district shall include land in each county and may include any land within a town located within such county. Such petitions should:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":267056,"text":"Set forth the name and describe the boundaries of the proposed district;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":267057,"text":"Describe the transportation facilities proposed within the district;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":267058,"text":"Describe a proposed plan for providing such transportation facilities within the district and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto which the petitioners request for the proposed district;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":267059,"text":"Describe the benefits that can be expected from the provision of such transportation facilities within the district; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":267060,"text":"Request each board to establish the proposed district for the purposes set forth in the petition.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":267061,"text":"Upon the filing of such a petition, each local board of supervisors shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or who own taxable real property within the boundaries of the proposed district may appear and show cause why any property or properties should not be included in the proposed district. If real property situated within a town is included in the proposed district, the board of supervisors shall deliver a copy of the petition and notice of the public hearing thereon to the town council at least 30 days prior to the public hearing, and the town council may, by resolution, determine if it wishes such property to be included within the proposed district and shall deliver a copy of any such resolution to the board of supervisors at the public hearing required hereunder; the resolution shall be binding upon the board of supervisors with respect to the inclusion or exclusion of such properties within the proposed district. The petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the county. At least 10 days shall intervene between the third publication and the date set for the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":267062,"text":"If each board of supervisors finds the creation of the proposed district would be in furtherance of the applicable county comprehensive plan for the development of the area, in the best interests of the residents and owners of real property within the proposed district, and in furtherance of the public health, safety, and general welfare, each board of supervisors shall pass a resolution, which shall be reasonably consistent with the petition, creating the district and providing for the appointment of an advisory board in accordance with &#xA7; 15.2-4605. Each resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that shall be in force in the district upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall not be eliminated, reduced, or restricted if a special tax is imposed as provided in &#xA7; 15.2-4607. However, this commitment shall not limit the legislative prerogative of the board of supervisors in any county in which a district is wholly or partly located with respect to land use approvals of any kind arising from requests initiated by an owner of property therein, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, or other state law, or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations.\n\t\t\tNotwithstanding the foregoing provisions of this subsection, in the case of any district created under this section prior to July 1, 1992, all commercial and industrial zoning classifications, and all zoning ordinance text and regulations relating thereto, including site plan regulations, regarding allowable uses, densities, setbacks, building heights, required parking, and open space in force in the district on the date of the district&#8217;s creation, shall be deemed to have been a part of the ordinance creating the district and shall remain at least as permissive without limitation, reduction, or restriction, except as provided in this section with respect to land use approvals of any kind or nature arising from requests initiated by landowners or as required to comply with the Chesapeake Bay Preservation Act or regulations adopted pursuant thereto, other state law or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations, until the earlier of July 1, 2037, or for so long as there remain any outstanding monetary obligations of the district or the commission incurred pursuant to the powers of the commission set forth in this chapter. Any rezonings, with respect to individual parcels of land in a district that have been duly approved by a board of supervisors prior to July 1, 1992, shall remain in effect, regardless of who initiated such rezonings. Each resolution shall also provide that the district shall expire either 35 years from the date upon which the resolution is passed or when the district is abolished in accordance with &#xA7; 15.2-4616; however, the term of any district created under this chapter is extended for a period of 15 years beyond any such 35-year term.\n\t\t\tAfter the public hearing, each board of supervisors shall deliver a true copy of its proposed resolution creating the district to the petitioning landowners or their attorney-in-fact. Any petitioning landowner may then withdraw his signature on the petition in writing at any time prior to the vote of the board of supervisors. If any signatures on the petition are withdrawn as provided herein, the board of supervisors may pass the proposed resolution in conformance herewith only upon certification that the petition continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be. After the boards of supervisors have adopted resolutions creating the district, the district shall be established, and the name of the district shall be &#8220;The ____ Transportation Improvement District.&#8221;","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13377,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13376,"metadata":{},"date_created":"2026-06-26 03:44:44","date_modified":"2026-06-26 03:44:44","permalink":{"id":158101,"object_type":"structure","relational_id":13377,"identifier":"1","token":"15.2\/IV\/46\/1","url":"\/15.2\/IV\/46\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13376,"edition_id":1,"name":"Multicounty Transportation Improvement Districts","identifier":"46","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:44:44","date_modified":"2026-06-26 03:44:44","permalink":{"id":158099,"object_type":"structure","relational_id":13376,"identifier":"46","token":"15.2\/IV\/46","url":"\/15.2\/IV\/46\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","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":55901,"structure_id":13377,"section_number":"15.2-4600","catch_line":"Short title; application","url":"\/15.2-4600\/","token":"15.2\/IV\/46\/1\/15.2-4600","metadata":false},{"id":54975,"structure_id":13377,"section_number":"15.2-4601","catch_line":"Purpose of chapter","url":"\/15.2-4601\/","token":"15.2\/IV\/46\/1\/15.2-4601","metadata":false},{"id":87059,"structure_id":13377,"section_number":"15.2-4602","catch_line":"Definitions","url":"\/15.2-4602\/","token":"15.2\/IV\/46\/1\/15.2-4602","metadata":false},{"id":74279,"structure_id":13377,"section_number":"15.2-4603","catch_line":"Creation of district; extension of term of district","url":"\/15.2-4603\/","token":"15.2\/IV\/46\/1\/15.2-4603","metadata":false},{"id":62495,"structure_id":13377,"section_number":"15.2-4604","catch_line":"Commission established","url":"\/15.2-4604\/","token":"15.2\/IV\/46\/1\/15.2-4604","metadata":false},{"id":79839,"structure_id":13377,"section_number":"15.2-4605","catch_line":"Creation of district advisory boards","url":"\/15.2-4605\/","token":"15.2\/IV\/46\/1\/15.2-4605","metadata":false},{"id":72993,"structure_id":13377,"section_number":"15.2-4606","catch_line":"Powers and duties of commission","url":"\/15.2-4606\/","token":"15.2\/IV\/46\/1\/15.2-4606","metadata":false},{"id":82648,"structure_id":13377,"section_number":"15.2-4607","catch_line":"Annual special improvements tax; use of revenues","url":"\/15.2-4607\/","token":"15.2\/IV\/46\/1\/15.2-4607","metadata":false},{"id":80742,"structure_id":13377,"section_number":"15.2-4608","catch_line":"Agreements with Commonwealth Transportation Board; payment of special improvements tax to Transportation Trust Fund","url":"\/15.2-4608\/","token":"15.2\/IV\/46\/1\/15.2-4608","metadata":false},{"id":70920,"structure_id":13377,"section_number":"15.2-4609","catch_line":"Jurisdiction of counties and officers, etc., not affected","url":"\/15.2-4609\/","token":"15.2\/IV\/46\/1\/15.2-4609","metadata":false},{"id":54350,"structure_id":13377,"section_number":"15.2-4610","catch_line":"Allocation of funds to local transportation districts","url":"\/15.2-4610\/","token":"15.2\/IV\/46\/1\/15.2-4610","metadata":false},{"id":74894,"structure_id":13377,"section_number":"15.2-4611","catch_line":"Reimbursement for advances to local transportation district","url":"\/15.2-4611\/","token":"15.2\/IV\/46\/1\/15.2-4611","metadata":false},{"id":55984,"structure_id":13377,"section_number":"15.2-4612","catch_line":"Cooperation between districts and other political subdivisions","url":"\/15.2-4612\/","token":"15.2\/IV\/46\/1\/15.2-4612","metadata":false},{"id":60186,"structure_id":13377,"section_number":"15.2-4613","catch_line":"Tort liability","url":"\/15.2-4613\/","token":"15.2\/IV\/46\/1\/15.2-4613","metadata":false},{"id":74548,"structure_id":13377,"section_number":"15.2-4614","catch_line":"Approval by Commonwealth Transportation Board","url":"\/15.2-4614\/","token":"15.2\/IV\/46\/1\/15.2-4614","metadata":false}],"previous_section":{"id":87059,"structure_id":13377,"section_number":"15.2-4602","catch_line":"Definitions","url":"\/15.2-4602\/","token":"15.2\/IV\/46\/1\/15.2-4602","metadata":false},"next_section":{"id":62495,"structure_id":13377,"section_number":"15.2-4604","catch_line":"Commission established","url":"\/15.2-4604\/","token":"15.2\/IV\/46\/1\/15.2-4604","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-4603\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/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 2 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 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0435\">435<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0770\">770<\/a>.<\/p>","references":[{"id":87059,"section_number":"15.2-4602","catch_line":"Definitions","order_by":null,"url":"\/15.2-4602\/"},{"id":79839,"section_number":"15.2-4605","catch_line":"Creation of district advisory boards","order_by":null,"url":"\/15.2-4605\/"},{"id":70920,"section_number":"15.2-4609","catch_line":"Jurisdiction of counties and officers, etc., not affected","order_by":null,"url":"\/15.2-4609\/"},{"id":54350,"section_number":"15.2-4610","catch_line":"Allocation of funds to local transportation districts","order_by":null,"url":"\/15.2-4610\/"},{"id":69866,"section_number":"15.2-4615","catch_line":"Enlargement of local districts","order_by":null,"url":"\/15.2-4615\/"},{"id":70061,"section_number":"15.2-4616","catch_line":"Abolition of local transportation districts","order_by":null,"url":"\/15.2-4616\/"},{"id":82005,"section_number":"15.2-4618","catch_line":"Validation of districts","order_by":null,"url":"\/15.2-4618\/"}],"refers_to":[{"id":87059,"section_number":"15.2-4602","catch_line":"Definitions","order_by":null,"url":"\/15.2-4602\/"},{"id":79839,"section_number":"15.2-4605","catch_line":"Creation of district advisory boards","order_by":null,"url":"\/15.2-4605\/"},{"id":82648,"section_number":"15.2-4607","catch_line":"Annual special improvements tax; use of revenues","order_by":null,"url":"\/15.2-4607\/"},{"id":70061,"section_number":"15.2-4616","catch_line":"Abolition of local transportation districts","order_by":null,"url":"\/15.2-4616\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":158115,"object_type":"law","relational_id":74279,"identifier":"15.2-4603","token":"15.2\/IV\/46\/1\/15.2-4603","url":"\/15.2-4603\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-4603\/","token":"15.2\/IV\/46\/1\/15.2-4603","dublin_core":{"Title":"Creation of district; extension of term of district","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-4603","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A transportation improvement <span class=\"dictionary\">district<\/span> shall be created under this chapter only by the resolutions of the boards of supervisors of the adjoining counties, as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/15.2-4602\/\">15.2-4602<\/a>, upon the joint <span class=\"dictionary\">petition<\/span> to each <span class=\"dictionary\">board of supervisors<\/span> in which the proposed <span class=\"dictionary\">district<\/span> is located of the <span class=\"dictionary\">owners<\/span> of at least 51 percent of either the land area or the assessed value of land in each <span class=\"dictionary\">county<\/span> that is within the boundaries of the proposed <span class=\"dictionary\">district<\/span> and that has been zoned for commercial or industrial use or is used for such purposes. Any proposed <span class=\"dictionary\">district<\/span> shall include land in each <span class=\"dictionary\">county<\/span> and may include any land within a <span class=\"dictionary\">town<\/span> located within such <span class=\"dictionary\">county<\/span>. Such <span class=\"dictionary\">petitions<\/span> should: <a id=\"paragraph-267055\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Set forth the name and describe the boundaries of the proposed <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-267056\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Describe the transportation facilities proposed within the <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-267057\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Describe a proposed plan for providing such transportation facilities within the <span class=\"dictionary\">district<\/span> and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto which the petitioners request for the proposed <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-267058\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Describe the benefits that can be expected from the provision of such transportation facilities within the <span class=\"dictionary\">district<\/span>; and <a id=\"paragraph-267059\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Request each board to establish the proposed <span class=\"dictionary\">district<\/span> for the purposes set forth in the <span class=\"dictionary\">petition<\/span>. <a id=\"paragraph-267060\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon the filing of such a <span class=\"dictionary\">petition<\/span>, each local <span class=\"dictionary\">board of supervisors<\/span> shall fix a day for a <span class=\"dictionary\">hearing<\/span> on the question of whether the proposed <span class=\"dictionary\">district<\/span> shall be created. The <span class=\"dictionary\">hearing<\/span> shall consider whether the residents and <span class=\"dictionary\">owners<\/span> of real property within the proposed <span class=\"dictionary\">district<\/span> would benefit from the establishment of the proposed <span class=\"dictionary\">district<\/span>. All interested persons who either reside in or who own taxable real property within the boundaries of the proposed <span class=\"dictionary\">district<\/span> may appear and show cause why any property or properties should not be included in the proposed <span class=\"dictionary\">district<\/span>. If real property situated within a <span class=\"dictionary\">town<\/span> is included in the proposed <span class=\"dictionary\">district<\/span>, the <span class=\"dictionary\">board of supervisors<\/span> shall deliver a copy of the <span class=\"dictionary\">petition<\/span> and notice of the public <span class=\"dictionary\">hearing<\/span> thereon to the <span class=\"dictionary\">town<\/span> <span class=\"dictionary\">council<\/span> at least 30 days prior to the public <span class=\"dictionary\">hearing<\/span>, and the <span class=\"dictionary\">town<\/span> <span class=\"dictionary\">council<\/span> may, by resolution, determine if it wishes such property to be included within the proposed <span class=\"dictionary\">district<\/span> and shall deliver a copy of any such resolution to the <span class=\"dictionary\">board of supervisors<\/span> at the public <span class=\"dictionary\">hearing<\/span> required hereunder; the resolution shall be binding upon the <span class=\"dictionary\">board of supervisors<\/span> with respect to the inclusion or exclusion of such properties within the proposed <span class=\"dictionary\">district<\/span>. The <span class=\"dictionary\">petition<\/span> shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the <span class=\"dictionary\">hearing<\/span> shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the <span class=\"dictionary\">county<\/span>. At least 10 days shall intervene between the third publication and the date set for the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-267061\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If each <span class=\"dictionary\">board of supervisors<\/span> finds the creation of the proposed <span class=\"dictionary\">district<\/span> would be in furtherance of the applicable <span class=\"dictionary\">county<\/span> comprehensive plan for the development of the area, in the best interests of the residents and <span class=\"dictionary\">owners<\/span> of real property within the proposed <span class=\"dictionary\">district<\/span>, and in furtherance of the public health, safety, and general welfare, each <span class=\"dictionary\">board of supervisors<\/span> shall pass a resolution, which shall be reasonably consistent with the <span class=\"dictionary\">petition<\/span>, creating the <span class=\"dictionary\">district<\/span> and providing for the appointment of an <span class=\"dictionary\">advisory board<\/span> in accordance with &#xA7; <a class=\"law\" title=\"Creation of district advisory boards\" href=\"\/15.2-4605\/\">15.2-4605<\/a>. Each resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that shall be in force in the <span class=\"dictionary\">district<\/span> upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall not be eliminated, reduced, or restricted if a special tax is imposed as provided in &#xA7; <a class=\"law\" title=\"Annual special improvements tax; use of revenues\" href=\"\/15.2-4607\/\">15.2-4607<\/a>. However, this commitment shall not limit the legislative prerogative of the <span class=\"dictionary\">board of supervisors<\/span> in any <span class=\"dictionary\">county<\/span> in which a <span class=\"dictionary\">district<\/span> is wholly or partly located with respect to land use approvals of any kind arising from requests initiated by an <span class=\"dictionary\">owner<\/span> of property therein, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; <a class=\"law\" title=\"Cooperative state-local program\" href=\"\/62.1-44.15_67\/\">62.1-44.15:67<\/a> et seq.) or the regulations adopted pursuant thereto, or other state <span class=\"dictionary\">law<\/span>, or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations.\n\t\t\tNotwithstanding the foregoing provisions of this subsection, in the case of any <span class=\"dictionary\">district<\/span> created under this section prior to July 1, 1992, all commercial and industrial zoning classifications, and all zoning <span class=\"dictionary\">ordinance<\/span> text and regulations relating thereto, including site plan regulations, regarding allowable uses, densities, setbacks, building heights, required parking, and open space in force in the <span class=\"dictionary\">district<\/span> on the date of the <span class=\"dictionary\">district<\/span>&#8217;s creation, shall be deemed to have been a part of the <span class=\"dictionary\">ordinance<\/span> creating the <span class=\"dictionary\">district<\/span> and shall remain at least as permissive without limitation, reduction, or restriction, except as provided in this section with respect to land use approvals of any kind or nature arising from requests initiated by <span class=\"dictionary\">landowners<\/span> or as required to comply with the Chesapeake Bay Preservation Act or regulations adopted pursuant thereto, other state <span class=\"dictionary\">law<\/span> or the requirements of the federal Clean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency or applicable state regulations, until the earlier of July 1, 2037, or for so long as there remain any outstanding monetary obligations of the <span class=\"dictionary\">district<\/span> or the <span class=\"dictionary\">commission<\/span> incurred pursuant to the powers of the <span class=\"dictionary\">commission<\/span> set forth in this chapter. Any rezonings, with respect to individual parcels of land in a <span class=\"dictionary\">district<\/span> that have been duly approved by a <span class=\"dictionary\">board of supervisors<\/span> prior to July 1, 1992, shall remain in effect, regardless of who initiated such rezonings. Each resolution shall also provide that the <span class=\"dictionary\">district<\/span> shall expire either 35 years from the date upon which the resolution is passed or when the <span class=\"dictionary\">district<\/span> is abolished in accordance with &#xA7; <a class=\"law\" title=\"Abolition of local transportation districts\" href=\"\/15.2-4616\/\">15.2-4616<\/a>; however, the term of any <span class=\"dictionary\">district<\/span> created under this chapter is extended for a period of 15 years beyond any such 35-year term.\n\t\t\tAfter the public <span class=\"dictionary\">hearing<\/span>, each <span class=\"dictionary\">board of supervisors<\/span> shall deliver a true copy of its proposed resolution creating the <span class=\"dictionary\">district<\/span> to the petitioning <span class=\"dictionary\">landowners<\/span> or their <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>. Any petitioning <span class=\"dictionary\">landowner<\/span> may then withdraw his signature on the <span class=\"dictionary\">petition<\/span> in writing at any time prior to the vote of the <span class=\"dictionary\">board of supervisors<\/span>. If any signatures on the <span class=\"dictionary\">petition<\/span> are withdrawn as provided herein, the <span class=\"dictionary\">board of supervisors<\/span> may pass the proposed resolution in conformance herewith only upon certification that the <span class=\"dictionary\">petition<\/span> continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be. After the boards of supervisors have adopted resolutions creating the <span class=\"dictionary\">district<\/span>, the <span class=\"dictionary\">district<\/span> shall be established, and the name of the <span class=\"dictionary\">district<\/span> shall be &#8220;The ____ Transportation Improvement <span class=\"dictionary\">District<\/span>.&#8221; <a id=\"paragraph-267062\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4603\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCREATION OF DISTRICT; EXTENSION OF TERM OF DISTRICT (\u00a7 15.2-4603)\n\nA. A transportation improvement district shall be created under this chapter\nonly by the resolutions of the boards of supervisors of the adjoining counties,\nas defined in \u00a7 15.2-4602, upon the joint petition to each board of supervisors\nin which the proposed district is located of the owners of at least 51 percent\nof either the land area or the assessed value of land in each county that is\nwithin the boundaries of the proposed district and that has been zoned for\ncommercial or industrial use or is used for such purposes. Any proposed district\nshall include land in each county and may include any land within a town located\nwithin such county. Such petitions should:\n\n   1. Set forth the name and describe the boundaries of the proposed district;\n\n   2. Describe the transportation facilities proposed within the district;\n\n   3. Describe a proposed plan for providing such transportation facilities\n   within the district and describe specific terms and conditions with respect to\n   all commercial and industrial zoning classifications and uses, densities, and\n   criteria related thereto which the petitioners request for the proposed\n   district;\n\n   4. Describe the benefits that can be expected from the provision of such\n   transportation facilities within the district; and\n\n   5. Request each board to establish the proposed district for the purposes set\n   forth in the petition.\n\nB. Upon the filing of such a petition, each local board of supervisors shall fix\na day for a hearing on the question of whether the proposed district shall be\ncreated. The hearing shall consider whether the residents and owners of real\nproperty within the proposed district would benefit from the establishment of\nthe proposed district. All interested persons who either reside in or who own\ntaxable real property within the boundaries of the proposed district may appear\nand show cause why any property or properties should not be included in the\nproposed district. If real property situated within a town is included in the\nproposed district, the board of supervisors shall deliver a copy of the petition\nand notice of the public hearing thereon to the town council at least 30 days\nprior to the public hearing, and the town council may, by resolution, determine\nif it wishes such property to be included within the proposed district and shall\ndeliver a copy of any such resolution to the board of supervisors at the public\nhearing required hereunder; the resolution shall be binding upon the board of\nsupervisors with respect to the inclusion or exclusion of such properties within\nthe proposed district. The petition shall comply with the provisions of this\nsection with respect to minimum acreage or assessed valuation. Notice of the\nhearing shall be given by publication once a week for three consecutive weeks in\na newspaper of general circulation within the county. At least 10 days shall\nintervene between the third publication and the date set for the hearing.\n\nC. If each board of supervisors finds the creation of the proposed district\nwould be in furtherance of the applicable county comprehensive plan for the\ndevelopment of the area, in the best interests of the residents and owners of\nreal property within the proposed district, and in furtherance of the public\nhealth, safety, and general welfare, each board of supervisors shall pass a\nresolution, which shall be reasonably consistent with the petition, creating the\ndistrict and providing for the appointment of an advisory board in accordance\nwith &#xA7; 15.2-4605. Each resolution shall provide a description with specific\nterms and conditions of all commercial and industrial zoning classifications\nthat shall be in force in the district upon its creation, together with any\nrelated criteria, and a term of years, not to exceed 20 years, as to which each\nsuch zoning classification and each related criterion set forth therein shall\nnot be eliminated, reduced, or restricted if a special tax is imposed as\nprovided in &#xA7; 15.2-4607. However, this commitment shall not limit the\nlegislative prerogative of the board of supervisors in any county in which a\ndistrict is wholly or partly located with respect to land use approvals of any\nkind arising from requests initiated by an owner of property therein, or as\nspecifically required to comply with the provisions of the Chesapeake Bay\nPreservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted\npursuant thereto, or other state law, or the requirements of the federal Clean\nWater Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated thereunder by\nthe federal Environmental Protection Agency or applicable state regulations.\n\t\t\tNotwithstanding the foregoing provisions of this subsection, in the case of\nany district created under this section prior to July 1, 1992, all commercial\nand industrial zoning classifications, and all zoning ordinance text and\nregulations relating thereto, including site plan regulations, regarding\nallowable uses, densities, setbacks, building heights, required parking, and\nopen space in force in the district on the date of the district&#8217;s\ncreation, shall be deemed to have been a part of the ordinance creating the\ndistrict and shall remain at least as permissive without limitation, reduction,\nor restriction, except as provided in this section with respect to land use\napprovals of any kind or nature arising from requests initiated by landowners or\nas required to comply with the Chesapeake Bay Preservation Act or regulations\nadopted pursuant thereto, other state law or the requirements of the federal\nClean Water Act (33 U.S.C. &#xA7; 1342(p)) and regulations promulgated\nthereunder by the federal Environmental Protection Agency or applicable state\nregulations, until the earlier of July 1, 2037, or for so long as there remain\nany outstanding monetary obligations of the district or the commission incurred\npursuant to the powers of the commission set forth in this chapter. Any\nrezonings, with respect to individual parcels of land in a district that have\nbeen duly approved by a board of supervisors prior to July 1, 1992, shall remain\nin effect, regardless of who initiated such rezonings. Each resolution shall\nalso provide that the district shall expire either 35 years from the date upon\nwhich the resolution is passed or when the district is abolished in accordance\nwith &#xA7; 15.2-4616; however, the term of any district created under this\nchapter is extended for a period of 15 years beyond any such 35-year term.\n\t\t\tAfter the public hearing, each board of supervisors shall deliver a true copy\nof its proposed resolution creating the district to the petitioning landowners\nor their attorney-in-fact. Any petitioning landowner may then withdraw his\nsignature on the petition in writing at any time prior to the vote of the board\nof supervisors. If any signatures on the petition are withdrawn as provided\nherein, the board of supervisors may pass the proposed resolution in conformance\nherewith only upon certification that the petition continues to meet the\nprovisions of subsection A with respect to minimum acreage or assessed value, as\nthe case may be. After the boards of supervisors have adopted resolutions\ncreating the district, the district shall be established, and the name of the\ndistrict shall be &#8220;The ____ Transportation Improvement District.&#8221;\n\nHISTORY: 1997, c. 587; 2000, c. 435; 2002, c. 770.","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}}