                                 CODE OF VIRGINIA

POWERS OF GOVERNING BODY OF HOST COMMUNITY; TECHNICAL ASSISTANCE (§ 10.1-1438)

A. The governing body of a host community shall have the power to:

   1. Hire and pay consultants and other experts on behalf of the host community
   in matters pertaining to the siting of the facility;

   2. Receive and disburse moneys from the fund, and any other moneys as may be
   available; and

   3. Enter into a contract, which may be assignable at the parties&#8217;
   option, binding upon the governing body of the host community and enforceable
   against it and future governing bodies of the host community in any court of
   competent jurisdiction, with an applicant by signing a siting agreement
   pursuant to &#xA7; 10.1-1442.

B. The Board shall make available to the governing body from the fund a
reasonable sum of money to be determined by the Board. This shall be used by the
governing body to hire consultants to provide it with technical assistance and
information necessary to aid the governing body in its review of the siting
proposal, negotiations with the applicant and the development of a siting
agreement.
			Unused moneys from the fund shall be returned to the Board. The governing
body shall provide the Board with a certified accounting statement of any moneys
expended from the fund.

C. The governing body of the host community may appoint a local advisory
committee to facilitate communication and the exchange of information among the
local government, the community, the applicant and the Board.

D. Notwithstanding the foregoing provisions of this article, the governing body
of a host community may notify the Board, within fifteen days after the briefing
meeting pursuant to &#xA7; 10.1-1439, that it has elected to waive further
participation under the provisions of this article. After receiving notification
from the host community, the Board may issue certification of site approval
without further participation by the host community under the provisions of this
section and &#xA7; 10.1-1442. Nothing shall prevent a host community from
submitting comments on the application or participating in any public hearing or
meeting held pursuant to this chapter, nor shall the host community be precluded
from enforcing its regulations and ordinances as provided by subsection G of
&#xA7; 10.1-1446.

HISTORY: 1986, c. 492, § 10-294; 1988, c. 891.