{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-4608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-4608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-4608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-4608.html"}],"law_id":80742,"edition_id":1,"section_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","history":"1997, c. 587; 2002, c. 770.","full_text":"A\n\nThe district may contract with the Commonwealth Transportation Board for the Board to perform any of the purposes of the district.\n\t\t\tThe district may agree by contract to pay over all or a portion of the special improvements tax and all or a portion of the sums received pursuant to subsection C to the Commonwealth Transportation Board, which shall hold such sums in and disburse them from a special account. The Commonwealth Transportation Board shall have the right to assign, convey, pay over, or deliver such sums to a third party in connection with the provision of services to the district pursuant to an agreement entered into under this chapter or any other applicable law.\n\t\t\tPrior to executing any such contract, the district shall seek the agreement of each board of supervisors creating the district that the county administrator or other officer charged with the responsibility for preparing the county’s annual budget shall submit in the budget for each fiscal year in which any Commonwealth of Virginia transportation contract revenue bonds issued for such district are outstanding, all amounts to be paid to the Commonwealth Transportation Board under such contract during such fiscal year.\n\t\t\tIf the amount required to be paid to the Commonwealth Transportation Board under the contract is not paid for a period of 60 days after the amount is due, the Commonwealth Transportation Board is hereby directed, until the amount has been paid, to withhold sufficient funds from funds appropriated and allocated, pursuant to the highway allocation formula as provided by law, to the highway construction district in which a project covered by such contract is located or to any county in which such project is located and to use such funds to satisfy the contractual requirements.B\n\nWhile nothing in this article shall limit the authority of any county to change the classification of any parcel of land zoned for commercial or industrial use or used for such purpose, upon the written request or approval of the owner of the property affected by such change after the effective date of any such contract, except for changes in zoning classification from commercial or industrial use to residential use approved in accordance with subsection C, should a change in zoning classification so requested result in a shortfall in the total annual revenues from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board pursuant to the contract, the district shall request the board of supervisors to increase the rate of such tax by such amount up to the maximum authorized rate as may be necessary to prevent such shortfall. If, however, a deficit remains after any rezoning and adjustment of the tax rate or the rate is at the maximum authorized rate and cannot be increased, then the amount of funds otherwise appropriated and allocated pursuant to the highway allocation formula as provided by Article 5 (§ 33.2-351 et seq.) of Chapter 3 of Title 33.2 to the highway construction district in which a project covered by such contract is located or to a county in which such project is located shall be reduced by the amount of such deficit and used to satisfy the deficit.C\n\nFor any property within the district for which a county changes its zoning classification from commercial or industrial use to residential use upon the written request or approval of the owner, the county shall require the simultaneous payment from the property owner of a sum representing the present value of the future special improvements taxes estimated by the county to be lost as a result of such change in classification. On a case-by-case basis, however, the board of supervisors may, in its sole discretion, defer for no more than 60 days the effective date of such change in zoning classification. Upon deferral, the lump sum provided for in this subsection shall be paid to the county in immediately available funds acceptable to the county before the deferred effective date. If the landowner fails to make this lump sum payment as and when required, the change in zoning classification shall not become effective and the ordinance shall be void. Special improvements taxes previously paid in the year of the zoning change may be credited toward the payment on a prorated basis. The portion of the payment that may be credited shall be that portion of the year following the change in zoning classification. The district and the Commonwealth Transportation Board shall agree to a method of calculating the present value of the loss of future special improvements taxes resulting from such a change in zoning classification and the procedure for payment of such funds to the Commonwealth Transportation Board. Sums paid pursuant to this subsection that represent the estimated special improvements taxes that otherwise would have been imposed upon the rezoned property in any given year shall be included in calculations that may be made pursuant to §§ 15.2-4604 and 15.2-4605 in order to determine whether special tax revenues from the district have exceeded total debt service on the bonds issued pursuant to Chapter 676 of the 1988 Acts of Assembly for three consecutive years. Whenever any county acts in accordance with such an agreement between the district and the Commonwealth Transportation Board, the change in zoning classification shall not be considered to have resulted in a shortfall in the total annual revenues from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board.","order_by":null,"text":{"0":{"id":289425,"text":"The district may contract with the Commonwealth Transportation Board for the Board to perform any of the purposes of the district.\n\t\t\tThe district may agree by contract to pay over all or a portion of the special improvements tax and all or a portion of the sums received pursuant to subsection C to the Commonwealth Transportation Board, which shall hold such sums in and disburse them from a special account. The Commonwealth Transportation Board shall have the right to assign, convey, pay over, or deliver such sums to a third party in connection with the provision of services to the district pursuant to an agreement entered into under this chapter or any other applicable law.\n\t\t\tPrior to executing any such contract, the district shall seek the agreement of each board of supervisors creating the district that the county administrator or other officer charged with the responsibility for preparing the county’s annual budget shall submit in the budget for each fiscal year in which any Commonwealth of Virginia transportation contract revenue bonds issued for such district are outstanding, all amounts to be paid to the Commonwealth Transportation Board under such contract during such fiscal year.\n\t\t\tIf the amount required to be paid to the Commonwealth Transportation Board under the contract is not paid for a period of 60 days after the amount is due, the Commonwealth Transportation Board is hereby directed, until the amount has been paid, to withhold sufficient funds from funds appropriated and allocated, pursuant to the highway allocation formula as provided by law, to the highway construction district in which a project covered by such contract is located or to any county in which such project is located and to use such funds to satisfy the contractual requirements.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289426,"text":"While nothing in this article shall limit the authority of any county to change the classification of any parcel of land zoned for commercial or industrial use or used for such purpose, upon the written request or approval of the owner of the property affected by such change after the effective date of any such contract, except for changes in zoning classification from commercial or industrial use to residential use approved in accordance with subsection C, should a change in zoning classification so requested result in a shortfall in the total annual revenues from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board pursuant to the contract, the district shall request the board of supervisors to increase the rate of such tax by such amount up to the maximum authorized rate as may be necessary to prevent such shortfall. If, however, a deficit remains after any rezoning and adjustment of the tax rate or the rate is at the maximum authorized rate and cannot be increased, then the amount of funds otherwise appropriated and allocated pursuant to the highway allocation formula as provided by Article 5 (§ 33.2-351 et seq.) of Chapter 3 of Title 33.2 to the highway construction district in which a project covered by such contract is located or to a county in which such project is located shall be reduced by the amount of such deficit and used to satisfy the deficit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289427,"text":"For any property within the district for which a county changes its zoning classification from commercial or industrial use to residential use upon the written request or approval of the owner, the county shall require the simultaneous payment from the property owner of a sum representing the present value of the future special improvements taxes estimated by the county to be lost as a result of such change in classification. On a case-by-case basis, however, the board of supervisors may, in its sole discretion, defer for no more than 60 days the effective date of such change in zoning classification. Upon deferral, the lump sum provided for in this subsection shall be paid to the county in immediately available funds acceptable to the county before the deferred effective date. If the landowner fails to make this lump sum payment as and when required, the change in zoning classification shall not become effective and the ordinance shall be void. Special improvements taxes previously paid in the year of the zoning change may be credited toward the payment on a prorated basis. The portion of the payment that may be credited shall be that portion of the year following the change in zoning classification. The district and the Commonwealth Transportation Board shall agree to a method of calculating the present value of the loss of future special improvements taxes resulting from such a change in zoning classification and the procedure for payment of such funds to the Commonwealth Transportation Board. Sums paid pursuant to this subsection that represent the estimated special improvements taxes that otherwise would have been imposed upon the rezoned property in any given year shall be included in calculations that may be made pursuant to §§ 15.2-4604 and 15.2-4605 in order to determine whether special tax revenues from the district have exceeded total debt service on the bonds issued pursuant to Chapter 676 of the 1988 Acts of Assembly for three consecutive years. Whenever any county acts in accordance with such an agreement between the district and the Commonwealth Transportation Board, the change in zoning classification shall not be considered to have resulted in a shortfall in the total annual revenues from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-4608\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 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 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2002, chapter 770<\/a>.<\/p>","references":[{"id":72993,"section_number":"15.2-4606","catch_line":"Powers and duties of commission","order_by":null,"url":"\/15.2-4606\/"},{"id":82648,"section_number":"15.2-4607","catch_line":"Annual special improvements tax; use of revenues","order_by":null,"url":"\/15.2-4607\/"}],"refers_to":[{"id":62495,"section_number":"15.2-4604","catch_line":"Commission established","order_by":null,"url":"\/15.2-4604\/"},{"id":79839,"section_number":"15.2-4605","catch_line":"Creation of district advisory boards","order_by":null,"url":"\/15.2-4605\/"},{"id":72011,"section_number":"33.2-351","catch_line":"Definition of \"allocation.\"","order_by":null,"url":"\/33.2-351\/"}],"permalink":{"id":158135,"object_type":"law","relational_id":80742,"identifier":"15.2-4608","token":"15.2\/IV\/46\/1\/15.2-4608","url":"\/15.2-4608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-4608\/","token":"15.2\/IV\/46\/1\/15.2-4608","dublin_core":{"Title":"Agreements with Commonwealth Transportation Board; payment of special improvements tax to Transportation Trust Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-4608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The district<\/span> may contract<\/span> with the Commonwealth Transportation Board for the Board to perform any of the purposes of the district<\/span>.\n\t\t\tThe district<\/span> may agree by contract<\/span> to pay over all or a portion of the special improvements tax and all or a portion of the sums received pursuant to subsection C to the Commonwealth Transportation Board, which shall hold such sums in and disburse them from a special account. The Commonwealth Transportation Board shall have the right to assign, convey, pay over, or deliver such sums to a third party<\/span> in connection with the provision of services to the district<\/span> pursuant to an agreement entered into under this chapter or any other applicable law<\/span>.\n\t\t\tPrior to executing any such contract<\/span>, the district<\/span> shall seek the agreement of each board of supervisors<\/span> creating the district<\/span> that the county<\/span> administrator or other officer charged with the responsibility for preparing the county<\/span>’s annual budget shall submit in the budget for each fiscal year in which any Commonwealth of Virginia transportation contract<\/span> revenue bonds<\/span> issued for such district<\/span> are outstanding, all amounts to be paid to the Commonwealth Transportation Board under such contract<\/span> during such fiscal year.\n\t\t\tIf the amount required to be paid to the Commonwealth Transportation Board under the contract<\/span> is not paid for a period of 60 days after the amount is due, the Commonwealth Transportation Board is hereby directed, until the amount has been paid, to withhold sufficient funds from funds appropriated and allocated, pursuant to the highway allocation formula as provided by law<\/span>, to the highway construction district<\/span> in which a project covered by such contract<\/span> is located or to any county<\/span> in which such project is located and to use such funds to satisfy the contractual requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> While nothing in this article shall limit the authority of any county<\/span> to change the classification of any parcel of land zoned for commercial or industrial use or used for such purpose, upon the written request or approval of the owner<\/span> of the property affected by such change after the effective date of any such contract<\/span>, except for changes in zoning classification from commercial or industrial use to residential use approved in accordance with subsection C, should a change in zoning classification so requested result in a shortfall in the total annual revenues<\/span> from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board pursuant to the contract<\/span>, the district<\/span> shall request the board of supervisors<\/span> to increase the rate of such tax by such amount up to the maximum authorized rate as may be necessary to prevent such shortfall. If, however, a deficit remains after any rezoning and adjustment of the tax rate or the rate is at the maximum authorized rate and cannot be increased, then the amount of funds otherwise appropriated and allocated pursuant to the highway allocation formula as provided by Article 5 (§ 33.2-351<\/a> et seq.) of Chapter 3 of Title 33.2 to the highway construction district<\/span> in which a project covered by such contract<\/span> is located or to a county<\/span> in which such project is located shall be reduced by the amount of such deficit and used to satisfy the deficit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any property within the district<\/span> for which a county<\/span> changes its zoning classification from commercial or industrial use to residential use upon the written request or approval of the owner<\/span>, the county<\/span> shall require the simultaneous payment from the property owner<\/span> of a sum representing the present value of the future special improvements taxes estimated by the county<\/span> to be lost as a result of such change in classification. On a case-by-case basis, however, the board of supervisors<\/span> may, in its sole discretion, defer for no more than 60 days the effective date of such change in zoning classification. Upon deferral, the lump sum provided for in this subsection shall be paid to the county<\/span> in immediately available funds acceptable to the county<\/span> before the deferred effective date. If the landowner<\/span> fails to make this lump sum payment as and when required, the change in zoning classification shall not become effective and the ordinance<\/span> shall be void. Special improvements taxes previously paid in the year of the zoning change may be credited toward the payment on a prorated basis. The portion of the payment that may be credited shall be that portion of the year following the change in zoning classification. The district<\/span> and the Commonwealth Transportation Board shall agree to a method of calculating the present value of the loss of future special improvements taxes resulting from such a change in zoning classification and the procedure for payment of such funds to the Commonwealth Transportation Board. Sums paid pursuant to this subsection that represent the estimated special improvements taxes that otherwise would have been imposed upon the rezoned property in any given year shall be included in calculations that may be made pursuant to §§ 15.2-4604<\/a> and 15.2-4605<\/a> in order<\/span> to determine whether special tax revenues<\/span> from the district<\/span> have exceeded total debt service on the bonds<\/span> issued pursuant to Chapter 676 of the 1988 Acts of Assembly for three consecutive years. Whenever any county<\/span> acts in accordance with such an agreement between the district<\/span> and the Commonwealth Transportation Board, the change in zoning classification shall not be considered to have resulted in a shortfall in the total annual revenues<\/span> from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation Board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENTS WITH COMMONWEALTH TRANSPORTATION BOARD; PAYMENT OF SPECIAL\nIMPROVEMENTS TAX TO TRANSPORTATION TRUST FUND (\u00a7 15.2-4608)\n\nA. The district may contract with the Commonwealth Transportation Board for the\nBoard to perform any of the purposes of the district.\n\t\t\tThe district may agree by contract to pay over all or a portion of the\nspecial improvements tax and all or a portion of the sums received pursuant to\nsubsection C to the Commonwealth Transportation Board, which shall hold such\nsums in and disburse them from a special account. The Commonwealth\nTransportation Board shall have the right to assign, convey, pay over, or\ndeliver such sums to a third party in connection with the provision of services\nto the district pursuant to an agreement entered into under this chapter or any\nother applicable law.\n\t\t\tPrior to executing any such contract, the district shall seek the agreement\nof each board of supervisors creating the district that the county administrator\nor other officer charged with the responsibility for preparing the\ncounty’s annual budget shall submit in the budget for each fiscal year in\nwhich any Commonwealth of Virginia transportation contract revenue bonds issued\nfor such district are outstanding, all amounts to be paid to the Commonwealth\nTransportation Board under such contract during such fiscal year.\n\t\t\tIf the amount required to be paid to the Commonwealth Transportation Board\nunder the contract is not paid for a period of 60 days after the amount is due,\nthe Commonwealth Transportation Board is hereby directed, until the amount has\nbeen paid, to withhold sufficient funds from funds appropriated and allocated,\npursuant to the highway allocation formula as provided by law, to the highway\nconstruction district in which a project covered by such contract is located or\nto any county in which such project is located and to use such funds to satisfy\nthe contractual requirements.\n\nB. While nothing in this article shall limit the authority of any county to\nchange the classification of any parcel of land zoned for commercial or\nindustrial use or used for such purpose, upon the written request or approval of\nthe owner of the property affected by such change after the effective date of\nany such contract, except for changes in zoning classification from commercial\nor industrial use to residential use approved in accordance with subsection C,\nshould a change in zoning classification so requested result in a shortfall in\nthe total annual revenues from the imposition of the special improvements tax\nand the payments required to be made to the Commonwealth Transportation Board\npursuant to the contract, the district shall request the board of supervisors to\nincrease the rate of such tax by such amount up to the maximum authorized rate\nas may be necessary to prevent such shortfall. If, however, a deficit remains\nafter any rezoning and adjustment of the tax rate or the rate is at the maximum\nauthorized rate and cannot be increased, then the amount of funds otherwise\nappropriated and allocated pursuant to the highway allocation formula as\nprovided by Article 5 (§ 33.2-351 et seq.) of Chapter 3 of Title 33.2 to\nthe highway construction district in which a project covered by such contract is\nlocated or to a county in which such project is located shall be reduced by the\namount of such deficit and used to satisfy the deficit.\n\nC. For any property within the district for which a county changes its zoning\nclassification from commercial or industrial use to residential use upon the\nwritten request or approval of the owner, the county shall require the\nsimultaneous payment from the property owner of a sum representing the present\nvalue of the future special improvements taxes estimated by the county to be\nlost as a result of such change in classification. On a case-by-case basis,\nhowever, the board of supervisors may, in its sole discretion, defer for no more\nthan 60 days the effective date of such change in zoning classification. Upon\ndeferral, the lump sum provided for in this subsection shall be paid to the\ncounty in immediately available funds acceptable to the county before the\ndeferred effective date. If the landowner fails to make this lump sum payment as\nand when required, the change in zoning classification shall not become\neffective and the ordinance shall be void. Special improvements taxes previously\npaid in the year of the zoning change may be credited toward the payment on a\nprorated basis. The portion of the payment that may be credited shall be that\nportion of the year following the change in zoning classification. The district\nand the Commonwealth Transportation Board shall agree to a method of calculating\nthe present value of the loss of future special improvements taxes resulting\nfrom such a change in zoning classification and the procedure for payment of\nsuch funds to the Commonwealth Transportation Board. Sums paid pursuant to this\nsubsection that represent the estimated special improvements taxes that\notherwise would have been imposed upon the rezoned property in any given year\nshall be included in calculations that may be made pursuant to §§\n15.2-4604 and 15.2-4605 in order to determine whether special tax revenues from\nthe district have exceeded total debt service on the bonds issued pursuant to\nChapter 676 of the 1988 Acts of Assembly for three consecutive years. Whenever\nany county acts in accordance with such an agreement between the district and\nthe Commonwealth Transportation Board, the change in zoning classification shall\nnot be considered to have resulted in a shortfall in the total annual revenues\nfrom the imposition of the special improvements tax and the payments required to\nbe made to the Commonwealth Transportation Board.\n\nHISTORY: 1997, c. 587; 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}}