                                 CODE OF VIRGINIA

EXTENSION OF APPROVALS TO ADDRESS THE COVID-19 PANDEMIC (§ 15.2-2209.1:1)

A. Notwithstanding any time limits for validity set out in &#xA7; 15.2-2260 or
15.2-2261, any subdivision plat valid under &#xA7; 15.2-2260 and outstanding as
of July 1, 2020, and any recorded plat or final site plan valid under &#xA7;
15.2-2261 and outstanding as of July 1, 2020, shall remain valid until July 1,
2025, or such later date as may be provided for by the terms of the
locality&#8217;s approval, local ordinance, resolution, or regulation. Any other
plan or permit associated with such plat or site plan extended by this
subsection is similarly 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, or any modifications
thereto, outstanding as of July 1, 2020, any deadline in the exception permit,
or in the local zoning ordinance that requires the landowner or developer to
commence the project or incur significant expenses related to improvements for
the project within a certain time, is extended until July 1, 2025, or such
longer period as may be agreed to by the locality.

C. Notwithstanding any other provision of this chapter, for any rezoning
approved pursuant to &#xA7; 15.2-2297, 15.2-2298, or 15.2-2303 and valid and
outstanding as of July 1, 2020, any proffered condition that requires the
landowner or developer to incur significant expenses upon the occurrence of an
event related to a stage or level of development is extended until July 1, 2025,
or longer as may be agreed to by the locality. However, the extensions in this
subsection do not apply (i) to proffered dedications of land or rights-of-way
pursuant to &#xA7; 15.2-2297, 15.2-2298, or 15.2-2303 or (ii) when completion of
the event related to the stage or level of development has already occurred.

D. The extension of validity provided in subsection A and the extension of
deadlines as provided in subsection B will be effective only if 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
program, the performance bonds and agreements or other financial guarantees of
completion may be waived or modified by the locality, in which case the
provisions of subsections A and B 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: 2020, Sp. Sess. I, c. 40; 2022, cc. 178, 179; 2023, cc. 436, 437.