                                 CODE OF VIRGINIA

ADDITIONAL POWERS OF COMMUNITY DEVELOPMENT AUTHORITIES (§ 15.2-5158)

A. Each community development authority created under this article, in addition
to the powers provided in Article 3 (§ 15.2-5110 et seq.) of Chapter 51 of this
title, may:

   1. Subject to any statutory or regulatory jurisdiction and permitting
   authority of all applicable governmental bodies and agencies having authority
   with respect to any area included therein, finance, fund, plan, establish,
   acquire, construct or reconstruct, enlarge, extend, equip, operate, and
   maintain the infrastructure improvements enumerated in the ordinance or
   resolution establishing the district, as necessary or desirable for
   development or redevelopment within or affecting the district or to meet the
   increased demands placed upon the locality as a result of development or
   redevelopment within or affecting the district, including, but not limited to:
   				a. Roads, bridges, parking facilities, curbs, gutters, sidewalks, traffic
   signals, storm water management and retention systems, gas and electric lines
   and street lights within or serving the district which meet or exceed the
   specifications of the locality in which the roads are located.
   				b. Parks and facilities for indoor and outdoor recreational, cultural and
   educational uses; entrance areas; security facilities; fencing and landscaping
   improvements throughout the district.
   				c. Fire prevention and control systems, including fire stations, water
   mains and plugs, fire trucks, rescue vehicles and other vehicles and
   equipment.
   				d. School buildings and related structures, which may be leased, sold or
   donated to the school district, for use in the educational system when
   authorized by the local governing body and the school board.
   				e. Infrastructure and recreational facilities for age-restricted active
   adult communities, and any other necessary infrastructure improvements as
   provided above, with a minimum population approved under local zoning laws of
   1,000 residents. Such development may include security facilities and systems
   or measures which control or restrict access to such community and its
   improvements.

   2. Issue revenue bonds of the development authority as provided in &#xA7;
   15.2-5125, including but not limited to refunding bonds, subject to such
   limitation in amount, and terms and conditions regarding capitalized interest,
   reserve funds, contingent funds, and investment restrictions, as may be
   established in the ordinance or resolution establishing the district, for all
   costs associated with the improvements enumerated in subdivision 1 of this
   subsection. Such revenue bonds shall be payable solely from revenues received
   by the development authority. The revenue bonds issued by a development
   authority shall not require the consent of the locality, except where consent
   is specifically required by the provisions of the resolution authorizing the
   collection of revenues and/or the trust agreement securing the same, and shall
   not be deemed to constitute a debt, liability, or obligation of any other
   political subdivision, and shall not impact upon the debt capacity of any
   other political subdivision.

   3. Request annually that the locality levy and collect a special tax on
   taxable real property within the development authority&#8217;s jurisdiction to
   finance the services and facilities provided by the authority. Notwithstanding
   the provisions of Article 4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title
   58.1, any such special tax imposed by the locality shall be levied upon the
   assessed fair market value of the taxable real property. Unless requested by
   every property owner within the proposed district, the rate of the special tax
   shall not be more than $.25 per $100 of the assessed fair market value of any
   taxable real estate or the assessable value of taxable leasehold property as
   specified by &#xA7; 58.1-3203. The proceeds of the special taxes collected
   shall be kept in a separate account and be used only for the purposes provided
   in this chapter. All revenues received by the locality from such special tax
   shall be paid over to the development authority for its use pursuant to this
   chapter subject to annual appropriation. No other funds of the locality shall
   be loaned or paid to the development authority without the prior approval of
   the local governing body.

   4. Provide special services, including: garbage and trash removal and
   disposal, street cleaning, snow removal, extra security personnel and
   equipment, recreational management and supervision, and grounds keeping.

   5. Finance the services and facilities it provides to abutting property within
   the district by special assessment thereon imposed by the local governing
   body. All assessments pursuant to this section shall be subject to the laws
   pertaining to assessments under Article 2 (&#xA7; 15.2-2404 et seq.) of
   Chapter 24; provided that any other provision of law notwithstanding, (i) the
   taxes or assessments shall not exceed the full cost of the improvements,
   including without limitation the legal, financial and other directly
   attributable costs of creating the district and the planning, designing,
   operating and financing of the improvements which include administration of
   the collection and payment of the assessments and reserve funds permitted by
   applicable law; (ii) the taxes or assessments may be imposed upon abutting
   land which is later subdivided in accordance with the terms of the ordinance
   forming the district, in amounts which do not exceed the peculiar benefits of
   the improvements to the abutting land as subdivided; and (iii) the taxes or
   assessments may be made subject to installment payments for up to 40 years in
   an amount calculated to cover principal, interest and administrative costs in
   connection with any financing by the authority, without a penalty for
   prepayment. Notwithstanding any other provision of law, any assessments made
   pursuant to this section may be made effective as a lien upon a specified
   date, by ordinance, but such assessments may not thereafter be modified in a
   manner inconsistent with the terms of the debt instruments financing the
   improvements. All assessments pursuant to this section may also be made
   subject to installment payments and other provisions allowed for local
   assessments under this section or under Article 2 of Chapter 24. All revenues
   received by the locality pursuant to any such special assessments which the
   locality elects to impose upon request of the development authority shall be
   paid over to the development authority for its use under this chapter, subject
   to annual appropriation, and may be used for no other purposes.

   6. Fix, charge, and collect rates, fees, and charges for the use of, or the
   benefit derived from, the services and/or facilities provided, owned,
   operated, or financed by the authority benefiting property within the
   district. Such rates, fees, and charges may be charged to and collected by
   such persons and in such manner as the authority may determine from (i) any
   person contracting for the services or using the facilities and/or (ii) the
   owners, tenants, or customers of the real estate and improvements that are
   served by, or benefit from the use of, any such services or facilities, in
   such manner as shall be authorized by the authority in connection with the
   provision of such services or facilities.

   7. Purchase development rights that will be dedicated as easements for
   conservation, open space or other purposes pursuant to the Open-Space Land Act
   (&#xA7; 10.1-1700 et seq.). For purposes of this subdivision,
   &#8220;development rights&#8221; means the level and quantity of development
   permitted by the zoning ordinance expressed in terms of housing units per
   acre, floor area ratio or equivalent local measure. An authority shall not use
   the power of condemnation to acquire development rights.

   8. Subject to any statutory or regulatory jurisdiction and permitting
   authority of all applicable governmental bodies and agencies having authority
   with respect to any area included therein, finance and fund the acquisition of
   land within the district. All financing authority and methods provided by
   subsections 2, 3, 4, 5, 6, and 7 shall be permitted for the acquisition of
   land as provided herein.

   9. Any special tax levied pursuant to subdivision 3 and any special assessment
   imposed pursuant to subdivision 5, whether previously or hereafter levied or
   imposed, constitute a lien on real estate ranking on parity with real estate
   taxes, and any such delinquent special tax or delinquent special assessment
   may be collected in accordance with the procedures set forth in Article 4
   (&#xA7; 58.1-3965 et seq.) of Chapter 39 of Title 58.1, provided that the
   enforcement of the lien for any special assessment under subdivision 5 made
   subject to installment payments shall be limited to the installment payments
   due or past due at the time the lien is enforced through sale in accordance
   with Article 4 (&#xA7; 58.1-3965 et seq.) of Chapter 39 of Title 58.1, and any
   sale to enforce payment of any delinquent taxes, assessments, or other levies
   shall not extinguish installment payments that are not yet due.

B. Nothing contained in this chapter shall relieve the local governing body of
its general obligations to provide services and facilities to the district to
the same extent as would otherwise be provided were the district not formed.

HISTORY: 1993, c. 850, § 15.1-1250.03; 1995, c. 402; 1997, cc. 363, 587; 2000,
cc. 724, 747; 2004, c. 637; 2005, c. 547; 2009, c. 473; 2015, c. 39.