                                 CODE OF VIRGINIA

CREATION OF DISTRICT (§ 15.2-4802)

A. A district shall be created under this chapter only by a resolution of the
board of supervisors upon the petition of the owners of at least 51 percent of
either the assessed value of land or land area of the real property of the
county that is within the boundaries of the proposed district and that (i) is
unimproved, regardless of zoning, or (ii) has been zoned for commercial or
industrial use or is used for such purposes. Any proposed district may include
land within a town located in such county. Such petition shall:

   1. Set forth the name and describe the boundaries of the proposed district;

   2. Describe the transportation facilities proposed within the district;

   3. Describe a proposed plan for providing such transportation facilities
   within the district and describe specific terms and conditions with respect to
   all zoning classifications and uses, densities, and criteria related thereto
   that the petitioners request for the proposed district;

   4. Describe the benefits that can be expected from the provision of such
   transportation facilities within the district; and

   5. Request the board of supervisors to establish the proposed district for the
   purposes set forth in the petition.

B. Upon the filing of such a petition, the board of supervisors shall fix a day
for a hearing on the question of whether the proposed district shall be created.
The hearing shall consider whether the residents and owners of property within
the proposed district would benefit from the establishment of the proposed
district. All interested persons who either reside in or who own real property
within the boundaries of the proposed district shall have the right to appear
and show cause why any property or properties should not be included in the
proposed district. If real property located within a town is included in the
proposed district, the board of supervisors shall deliver a copy of the petition
and notice of the public hearing thereon to the town council at least 30 days
prior to the public hearing, and the town council may, by resolution duly
passed, determine if it wishes such property located within the town to be
included within the proposed district and shall deliver a copy of any such
resolution to the board of supervisors with respect to the inclusion or
exclusion of such properties within the proposed district; however, the petition
shall comply with the provisions of this section with respect to minimum acreage
or assessed valuation. Notice of the hearing shall be given by publication once
a week for three consecutive weeks in a newspaper of general circulation within
the county as designated by the board of supervisors. At least 10 days shall
intervene between the completion of the publication and the date set for the
hearing. The publication shall be considered complete on the twenty-first day
after the first publication.

C. If the board of supervisors finds the creation of the proposed district would
be in accordance with the comprehensive plan for the development of the area, in
the best interests of the residents and owners of the property within the
proposed district, and in furtherance of the public health, safety, and general
welfare, it shall pass a resolution creating the district, which resolution
shall be reasonably consistent with the petition. The resolution shall provide
(i) a description with specific terms and conditions of all zoning
classifications that shall be in force in the district upon its creation,
together with any related criteria, and a term of years, not to exceed 20 years,
as to which each zoning classification and each related criteria set forth
therein shall not be eliminated, reduced, or restricted, except upon the written
request or approval of the owner of any property affected by a change, or as
specifically required to comply with the provisions of the Chesapeake Bay
Preservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted
pursuant thereto, or other state law, and (ii) that the district shall terminate
no later than 35 years from the date of the resolution.
			After the public hearing, the board of supervisors shall deliver a true copy
of its proposed resolution creating the district to the petitioning landowners
or their attorney-in-fact. Any petitioning landowner may then withdraw its
signature on the petition in writing at any time prior to the vote of the board
of supervisors. If any signatures on the petition are withdrawn as provided
herein, the board of supervisors may pass the proposed resolution in conformance
herewith only upon certification that the petition continues to meet the
provisions of subsection A with respect to minimum acreage or assessed value, as
the case may be.

D. A district that proposes to construct or improve any portion of a two-lane
primary highway that traverses an international airport at a county jurisdiction
line shall be created in concert with the creation of a district in the
adjoining county.

E. Where unimproved property, regardless of zoning, is included in the
resolution creating the district, the board of supervisors, upon approving the
resolution, shall direct that a copy of the resolution be recorded in the land
records of the circuit court for the judicial circuit in which that county is
located, for each parcel of unimproved real property included in the district.
For purposes of this section, &#8220;parcel&#8221; means tax map parcel.

HISTORY: 1997, c. 587.