                                 CODE OF VIRGINIA

CREATION OF WORKING WATERFRONT DEVELOPMENT AREAS (§ 15.2-2306.1)

A. Any locality may establish by ordinance one or more working waterfront
development areas for the purpose of providing incentives to private entities to
purchase real property and interests in real property to assemble parcels
suitable for working waterfront development. Each locality establishing a
working waterfront development area may grant such incentives and provide
regulatory flexibility. Such zones shall be reasonably compact, shall not
encompass the entire locality, and shall constitute one or more tax parcels not
commonly owned. Properties that are acquired through the use of eminent domain
shall not be eligible for the incentives and regulatory flexibility provided by
the ordinance.

B. Incentives granted by a locality pursuant to subsection A may include, but
not be limited to, (i) reduction of permit fees, (ii) reduction of user fees,
(iii) reduction of any type of gross receipts tax, and (iv) waiver of tax liens
to facilitate the sale of property.

C. Incentives granted pursuant to this section may extend for a period of up to
10 years from the date of initial establishment of the working waterfront
development area; however, the extent and duration of any incentive shall
conform to the requirements of applicable federal and state law.

D. The regulatory flexibility provided in a working waterfront development area
may include (i) special zoning for the district, (ii) the use of a special
permit process, (iii) exemption from certain specified ordinances, excluding
ordinances or provisions of ordinances adopted pursuant to the requirements of
the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.), the Erosion
and Sediment Control Law (&#xA7; 62.1-44.15:51 et seq.), and the Virginia
Stormwater Management Act (&#xA7; 62.1-44.15:24 et seq.), and (iv) any other
incentives adopted by ordinance, which shall be binding upon the locality for a
period of up to 10 years.

E. This section shall not authorize any local government powers that are not
expressly granted herein.

F. Prior to adopting or amending any ordinance pursuant to this section, a
locality shall provide for notice and public hearing in accordance with
subsection A of &#xA7; 15.2-2204.

HISTORY: 2017, c. 216.