                                 CODE OF VIRGINIA

DEVELOPMENT AGREEMENTS IN CERTAIN COUNTIES (§ 15.2-2303.1)

A. In order to promote the public health, safety and welfare and to encourage
economic development consistent with careful planning, New Kent County may
include in its zoning ordinance provisions for the governing body to enter into
binding development agreements with any persons owning legal or equitable
interests in real property in the county if the property to be developed
contains at least one thousand acres.

B. Any such agreements shall be for the purpose of stimulating and facilitating
economic growth in the county; shall not be inconsistent with the comprehensive
plan at the time of the agreement&#8217;s adoption, except as may have been
authorized by existing zoning ordinances; and shall not authorize any use or
condition inconsistent with the zoning ordinance or other ordinances in effect
at the time the agreement is made, except as may be authorized by a variance,
special exception or similar authorization. The agreement shall be authorized by
ordinance, shall be for a term not to exceed fifteen years, and may be renewed
by mutual agreement of the parties for successive terms of not more than ten
years each. It may provide, among other things, for uses; the density or
intensity of uses; the maximum height, size, setback and/or location of
buildings; the number of parking spaces required; the location of streets and
other public improvements; the measures required to control stormwater; the
phasing or timing of construction or development; or any other land use matters.
It may authorize the property owner to transfer to the county land, public
improvements, money or anything of value to further the purposes of the
agreement or other public purposes set forth in the county&#8217;s comprehensive
plan, but not as a condition to obtaining any permitted use or zoning. The
development agreement shall not run with the land except to the extent provided
therein, and the agreement may be amended or canceled in whole or in part by the
mutual consent of the parties thereto or their successors in interest and
assigns.

C. If, pursuant to the agreement, a property owner who is a party thereto and is
not in breach thereof, (i) dedicates or is required to dedicate real property to
the county, the Commonwealth or any other political subdivision or to the
federal government or any agency thereof, (ii) makes or is required to make cash
payments to the county, the Commonwealth or any other political subdivision or
to the federal government or any agency thereof, or (iii) makes or is required
to make public improvements for the county, the Commonwealth or any other
political subdivision or for the federal government or any agency thereof, such
dedication, payment or construction therefor shall vest the property
owner&#8217;s rights under the agreement. If a property owner&#8217;s rights
have vested, neither any amendment to the zoning map for the subject property
nor any amendment to the text of the zoning ordinance with respect to the zoning
district applicable to the property which eliminates or restricts, reduces, or
modifies the use; the density or intensity of uses; the maximum height, size,
setback or location of buildings; the number of parking spaces required; the
location of streets and other public improvements; the measures required to
control stormwater; the phasing or timing of construction or development; or any
other land use or other matters provided for in such agreement shall be
effective with respect to such property during the term of the agreement unless
there has been a mistake, fraud or change in circumstances substantially
affecting the public health, safety or welfare.

D. Nothing in this section shall be construed to preclude, limit or alter the
vesting of rights in accordance with existing law; authorize the impairment of
such rights; or invalidate any similar agreements entered into pursuant to
existing law.

HISTORY: 1997, c. 738, § 15.1-491.001; 2007, c. 813.