                                 CODE OF VIRGINIA

SAME; CONDITIONS AS PART OF A REZONING OR AMENDMENT TO ZONING MAP (§ 15.2-2297)

A. A zoning ordinance may include and provide for the voluntary proffering in
writing, by the owner, of reasonable conditions, prior to a public hearing
before the governing body, in addition to the regulations provided for the
zoning district or zone by the ordinance, as a part of a rezoning or amendment
to a zoning map; provided that (i) the rezoning itself must give rise for the
need for the conditions; (ii) the conditions shall have a reasonable relation to
the rezoning; (iii) the conditions shall not include a cash contribution to the
locality; (iv) the conditions shall not include mandatory dedication of real or
personal property for open space, parks, schools, fire departments or other
public facilities not otherwise provided for in &#xA7; 15.2-2241; (v) the
conditions shall not include a requirement that the applicant create a property
owners&#8217; association under the Property Owners&#8217; Association Act
(&#xA7; 55.1-1800 et seq.) which includes an express further condition that
members of a property owners&#8217; association pay an assessment for the
maintenance of public facilities owned in fee by a public entity, including open
space, parks, schools, fire departments and other public facilities not
otherwise provided for in &#xA7; 15.2-2241; however, such facilities shall not
include sidewalks, special street signs or markers, or special street lighting
in public rights-of-way not maintained by the Department of Transportation; (vi)
the conditions shall not include payment for or construction of off-site
improvements except those provided for in &#xA7; 15.2-2241; (vii) no condition
shall be proffered that is not related to the physical development or physical
operation of the property; and (viii) all such conditions shall be in conformity
with the comprehensive plan as defined in &#xA7; 15.2-2223. The governing body
may also accept amended proffers once the public hearing has begun if the
amended proffers do not materially affect the overall proposal. Once proffered
and accepted as part of an amendment to the zoning ordinance, the conditions
shall continue in effect until a subsequent amendment changes the zoning on the
property covered by the conditions. However, the conditions shall continue if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised zoning ordinance.

B. In the event proffered conditions include a requirement for the dedication of
real property of substantial value or construction of substantial public
improvements, the need for which is not generated solely by the rezoning itself,
then no amendments to the zoning map for the property subject to such
conditions, nor the conditions themselves, nor any amendments to the text of the
zoning ordinance with respect to the zoning district applicable thereto
initiated by the governing body, which eliminate, or materially restrict,
reduce, or modify the uses, the floor area ratio, or the density of use
permitted in the zoning district applicable to such property, shall be effective
with respect to such property unless there has been mistake, fraud, or a change
in circumstances substantially affecting the public health, safety, or welfare.

C. Any landowner who has prior to July 1, 1990, proffered the dedication of real
property of substantial value or construction of substantial public
improvements, the need for which is not generated solely by the rezoning itself,
but who has not substantially implemented such proffers prior to July 1, 1990,
shall advise the local governing body by certified mail prior to July 1, 1991,
that he intends to proceed with the implementation of such proffers. The notice
shall identify the property to be developed, the zoning district, and the
proffers applicable thereto. Thereafter, any landowner giving such notice shall
have until July 1, 1995, substantially to implement the proffers, or such later
time as the governing body may allow. Thereafter, the landowner in good faith
shall diligently pursue the completion of the development of the property.
			Any landowner who complies with the requirements of this subsection shall be
entitled to the protection against action initiated by the governing body
affecting use, floor area ratio, and density set out in subsection B, unless
there has been mistake, fraud, or a change in circumstances substantially
affecting the public health, safety, or welfare, but any landowner failing to
comply with the requirements of this subsection shall acquire no rights pursuant
to this section.

D. The provisions of subsections B and C of this section shall be effective
prospectively only, and not retroactively, and shall not apply to any zoning
ordinance text amendments which may have been enacted prior to March 10, 1990.
Nothing contained herein shall be construed to affect any litigation pending
prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.
			Nothing in this section shall be construed to affect or impair the authority
of a governing body to:

   1. Accept proffered conditions which include provisions for timing or phasing
   of dedications, payments, or improvements; or

   2. Accept or impose valid conditions pursuant to subdivision A 3 of &#xA7;
   15.2-2286 or other provision of law.

HISTORY: 1978, c. 320, § 15.1-491.2; 1982, c. 293; 1990, c. 868; 1997, c. 587;
2001, c. 703; 2006, c. 450.