                                 CODE OF VIRGINIA

EXTENSION OF APPROVALS TO ADDRESS HOUSING CRISIS (§ 15.2-2209.1)

A. Notwithstanding the time limits for validity set out in &#xA7; 15.2-2260 or
15.2-2261, or the provisions of subsection F of &#xA7; 15.2-2260, any
subdivision plat valid under &#xA7; 15.2-2260 and outstanding as of January 1,
2017, and any recorded plat or final site plan valid under &#xA7; 15.2-2261 and
outstanding as of January 1, 2017, shall remain valid until July 1, 2020, or
such later date provided for by the terms of the locality&#8217;s approval,
local ordinance, resolution or regulation, or for a longer period as agreed to
by the locality. Any other plan or permit associated with such plat or site plan
extended by this subsection shall likewise be extended for the same time period.

B. Notwithstanding any other provision of this chapter, for any valid special
exception, special use permit, or conditional use permit outstanding as of
January 1, 2017, and related to new residential or commercial development, any
deadline in the exception permit, or in the local zoning ordinance that requires
the landowner or developer to commence the project or to incur significant
expenses related to improvements for the project within a certain time, shall be
extended until July 1, 2020, or longer as agreed to by the locality. The
provisions of this subsection shall not apply to any requirement that a use
authorized pursuant to a special exception, special use permit, conditional use
permit, or other agreement or zoning action be terminated or ended by a certain
date or within a set number of years.

C. Notwithstanding any other provision of this chapter, for any rezoning action
approved pursuant to &#xA7; 15.2-2297, 15.2-2298, or 15.2-2303, valid and
outstanding as of January 1, 2017, and related to new residential or commercial
development, any proffered condition that requires the landowner or developer to
incur significant expenses upon an event related to a stage or level of
development shall be extended until July 1, 2020, or longer as agreed to by the
locality. However, the extensions in this subsection shall not apply (i) to land
or right-of-way dedications pursuant to &#xA7; 15.2-2297, 15.2-2298, or
15.2-2303, (ii) when completion of the event related to the stage or level of
development has occurred, or (iii) to events required to occur on a specified
date certain or within a specified time period. Any proffered condition included
in a special exception, special use permit, or conditional use permit shall only
be extended if it satisfies the provisions of this subsection.

D. The extension of validity provided in subsection A and the extension of
certain deadlines as provided in subsection B shall not be effective unless any
unreleased performance bonds and agreements or other financial guarantees of
completion of public improvements in or associated with the proposed development
are continued in force; however, if the locality has enacted a bonding
moratorium or deferral option, the performance bonds and agreements or other
financial guarantees of completion may be waived or modified by the locality, in
which case the extension of validity provided in subsection A and the extension
of certain deadlines provided in subsection B shall apply. The landowner or
developer must comply with the terms of any bonding moratorium or deferral
agreement with the locality in order for the extensions referred to in this
subsection to be effective.

HISTORY: 2009, c. 196; 2011, c. 272; 2012, c. 508; 2017, c. 660.