                                 CODE OF VIRGINIA

SAME; ADDITIONAL CONDITIONS AS A PART OF REZONING OR ZONING MAP AMENDMENT IN
CERTAIN HIGH-GROWTH LOCALITIES (§ 15.2-2298)

A. Except for those localities to which &#xA7; 15.2-2303 is applicable, this
section shall apply to (i) any locality which has had population growth of 5% or
more from the next-to-latest to latest decennial census year, based on
population reported by the United States Bureau of the Census; (ii) any city
adjoining such city or county; (iii) any towns located within such county; and
(iv) any county contiguous with at least three such counties, and any town
located in that county. However, any such locality may by ordinance choose to
utilize the conditional zoning authority granted under &#xA7; 15.2-2303 rather
than this section.
			In any such locality, notwithstanding any contrary provisions of &#xA7;
15.2-2297, 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 gives rise to
the need for the conditions; (ii) the conditions have a reasonable relation to
the rezoning; and (iii) all conditions are in conformity with the comprehensive
plan as defined in &#xA7; 15.2-2223.
			Reasonable conditions may include the payment of cash for any off-site road
improvement or any off-site transportation improvement that is adopted as an
amendment to the required comprehensive plan and incorporated into the capital
improvements program, provided that nothing herein shall prevent a locality from
accepting proffered conditions which are not normally included in a capital
improvement program. For purposes of this section, &#8220;road
improvement&#8221; includes construction of new roads or improvement or
expansion of existing roads as required by applicable construction standards of
the Virginia Department of Transportation to meet increased demand attributable
to new development. For purposes of this section, &#8220;transportation
improvement&#8221; means any real or personal property acquired, constructed,
improved, or used for constructing, improving, or operating any (i) public mass
transit system or (ii) highway, or portion or interchange thereof, including
parking facilities located within a district created pursuant to this title.
Such improvements shall include, without limitation, public mass transit
systems, public highways, and all buildings, structures, approaches, and
facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels,
stations, terminals, and all related equipment and fixtures.
			Reasonable conditions shall not include, however, conditions that impose upon
the applicant the requirement to 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
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. 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.
			No proffer shall be accepted by a locality unless it has adopted a capital
improvement program pursuant to &#xA7; 15.2-2239 or local charter. In the event
proffered conditions include the dedication of real property or payment of cash,
the property shall not transfer and the payment of cash shall not be made until
the facilities for which the property is dedicated or cash is tendered are
included in the capital improvement program, provided that nothing herein shall
prevent a locality from accepting proffered conditions which are not normally
included in a capital improvement program. If proffered conditions include the
dedication of real property or the payment of cash, the proffered conditions
shall provide for the disposition of the property or cash payment in the event
the property or cash payment is not used for the purpose for which proffered.

B. In the event proffered conditions include a requirement for the dedication of
real property of substantial value, or substantial cash payments for or
construction of substantial public improvements, the need for which is not
generated solely by the rezoning itself, then no amendment 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 the property,
shall be effective with respect to the 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 substantial cash payments for 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 above, 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: 1989, c. 697, § 15.1-492.2:1; 1990, c. 868; 1991, c. 233; 1997, c.
587; 2001, c. 703; 2006, cc. 450, 882; 2007, c. 324.