                                 CODE OF VIRGINIA

IMPOSITION OF IMPACT FEES (§ 15.2-2329)

A. Any locality that includes within its comprehensive plan a calculation of the
capital costs of public facilities necessary to serve residential uses may
impose and collect impact fees in amounts consistent with the methodologies used
in its comprehensive plan to defray the capital costs of public facilities
related to the residential development.

B. Impact fees imposed and collected pursuant to this section shall only be used
for public facilities that are impacted by residential development.

C. A locality imposing impact fees as provided in this section shall allow
credit against the impact fees for cash proffers collected for the purpose of
defraying the capital costs of public facilities related to the residential
development. A locality imposing impact fees as provided in this section shall
also include within its comprehensive plan a methodology for calculating credit
for the value of proffered land donations to accommodate public facilities, and
for the construction cost of any public facilities or public improvements the
construction of which is required by proffer.

D. A locality imposing impact fees under this section may require that such
impact fees be paid prior to and as a condition of the issuance of any necessary
building permits for residential uses.

E. For the purposes of this section, &#8220;public facilities&#8221; shall be
deemed to include: (i) roads, streets, and bridges, including rights-of-way,
traffic signals, landscaping, and any local components of federal or state
highways; (ii) stormwater collection, retention, detention, treatment, and
disposal facilities, flood control facilities, and bank and shore protection and
enhancement improvements; (iii) parks, open space, and recreation areas and
related facilities; (iv) public safety facilities, including police, fire,
emergency medical, and rescue facilities; (v) primary and secondary schools and
related facilities; and (vi) libraries and related facilities; however, the
definition &#8220;public facilities&#8221; for counties within the Richmond MSA
shall be deemed to include: roads, streets, and bridges, including
rights-of-way, traffic signals, landscaping, and any local components of federal
or state highways.

HISTORY: 2007, c. 896.