                                 CODE OF VIRGINIA

PAYMENT BY DEVELOPER OR SUBDIVIDER (§ 15.2-2243.1)

A. If the Department of Conservation and Recreation determines that a plan of
development proposed by a developer or subdivider is wholly or partially within
a dam break inundation zone and would change the spillway design flood standards
of an impounding structure pursuant to &#xA7; 10.1-606.3, a locality shall
require, prior to its final approval of a subdivision or development, that a
developer or subdivider of land submit an engineering study in conformance with
the Virginia Soil and Water Conservation Board&#8217;s standards under the
Virginia Dam Safety Act (&#xA7; 10.1-604 et seq.) and the Virginia Impounding
Structure Regulations (4VAC50-20). The study shall provide a contract-ready cost
estimate for conducting the upgrades. The Department of Conservation and
Recreation shall verify that the study conforms to the Board&#8217;s standards.
Following receipt of a study, the Department shall have 15 days to determine
whether the study is complete. The Department shall notify the developer or
subdivider of any specific deficiencies that cause the study to be determined to
be incomplete. Following a determination that a submission is complete, the
Department shall notify the developer or subdivider of its approval or denial
within 45 days. Any decision shall be communicated in writing and shall state
the reasons for any disapproval.

B. Following the completion of the engineering studies in accordance with
subsection A, and prior to any development within the dam break inundation zone,
a locality shall require that a developer or subdivider of land pay 50 percent
of the contract-ready costs for necessary upgrades to an impounding structure
attributable to the development or subdivision, together with administrative
fees not to exceed one percent of the total amount of payment required or
$1,000, whichever is less. Necessary upgrades shall not include costs associated
with routine operation, maintenance, and repair, nor shall necessary upgrades
include repairs or upgrades to the impounding structure not made necessary by
the proposed development or subdivision.

C. Where a payment under subsection B is required, such payment shall be made by
the developer or subdivider in accordance with the following provisions:

   1. A locality may elect to receive such payment. Upon receipt, payments shall
   be kept in a separate account by the locality for each individual improvement
   project until such time as they are expended for the improvement project;
   however, any funds not committed by the dam owner within six years of the time
   of deposit shall be refunded to the developer or subdivider. The locality may
   issue an extension of up to an additional four years for the use of the funds
   if the dam owner shows that sufficient progress is being made to justify the
   extension and the extension is approved by the Virginia Soil and Water
   Conservation Board prior to the expiration of the six-year period. Should the
   locality be unable to locate the developer or subdivider following a period of
   12 months and the exercise of due diligence, the funds shall be deposited in
   the Dam Safety, Flood Prevention and Protection Assistance Fund for the
   provision of grants and loans. Any locality maintaining an account in
   accordance with this section may charge an administrative fee, not to exceed
   one percent of the total amount of payment received or $1,000, whichever is
   less.

   2. If the locality elects not to receive such payment, any payments shall be
   made to the Dam Safety, Flood Prevention and Protection Assistance Fund
   pursuant to &#xA7; 10.1-603.19:1. The funds shall be held by the Virginia
   Resources Authority for each improvement project until such time as they are
   expended for the improvement project; however, any funds not committed by the
   dam owner within six years of the time of deposit shall be refunded to the
   developer or subdivider. The Board may issue an extension of up to an
   additional four years for the use of the funds if the dam owner shows that
   sufficient progress is being made. Should the Department of Conservation and
   Recreation be unable to locate the developer or subdivider following a period
   of 12 months and the exercise of due diligence, the funds shall be deposited
   in the Dam Safety, Flood Prevention and Protection Assistance Fund for the
   provision of grants and loans. The Virginia Resources Authority shall not have
   any liability for the completion of any project associated with the moneys
   they manage in the Dam Safety, Flood Prevention and Protection Assistance
   Fund.

D. No locality shall be required to assume financial responsibility for upgrades
except as an owner of an impounding structure.

E. The owner of the impounding structure shall retain all liability associated
with upgrades in accordance with &#xA7; 10.1-613.4.

HISTORY: 2008, c. 491.