                                 CODE OF VIRGINIA

AFFORDABLE DWELLING UNIT ORDINANCE; PERMITTING CERTAIN DENSITIES IN THE
COMPREHENSIVE PLAN (§ 15.2-735.1)

A. In a county that provides in its comprehensive plan for the physical
development within the county, adopted pursuant to § 15.2-2223, for densities
of development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0 FAR,
or greater, the governing body may adopt as part of its zoning ordinance
requirements for the provision of (i) on-site or off-site &#8220;Affordable
Dwelling Units,&#8221; as defined herein, or (ii) a cash contribution to the
county&#8217;s affordable housing fund, in lieu of such units, in such amounts
as set out herein, as a condition of the governing body&#8217;s approval of a
special exception application for residential, commercial, or mixed-use projects
with a density equal to or greater than 1.0 FAR, or an equivalent density based
on units per acre. Residential, commercial, or mixed-use projects with a density
less than 1.0 FAR, or an equivalent density based on units per acre, shall be
exempt from the requirements of this section and the county&#8217;s zoning
ordinance adopted pursuant to this section. The county&#8217;s zoning ordinance
requirements shall provide as follows:

   1. Upon approval of a special exception application approving a residential,
   commercial, or mixed-use project with a density equal to or greater than 1.0
   FAR, or an equivalent density based on units per acre, the applicant shall
   provide on-site Affordable Dwelling Units as part of the project the total
   gross square footage of which units shall be 5% of the amount of the gross
   floor area of the project that exceeds 1.0 FAR or an equivalent density based
   on units per acre. For purposes of this section, &#8220;applicant&#8221; shall
   mean the person or entity submitting a special exception application for
   approval of a residential, commercial or mixed-use project in the county and
   shall include the successors or assigns of the applicant.

   2. As an alternative, upon approval of a special exception application
   approving a residential, commercial, or mixed-use project with a density equal
   to or greater than 1.0 FAR, or an equivalent density based on units per acre,
   the applicant may elect to provide any one of the following:
   				a. Affordable Dwelling Units shall be provided off-site at a location
   within one-half mile of any Metrorail Station for projects within a Metro
   Station Area as defined in the county&#8217;s comprehensive plan, or within
   one-half mile of the residential, commercial, or mixed-use project for
   projects not within a Metro Station Area, as provided in the county&#8217;s
   zoning ordinance, the total gross square footage of which units shall be 7.5%
   of the amount of the gross floor area of the project that is over 1.0 FAR or
   an equivalent density based on units per acre, or
   				b. Affordable Dwelling Units shall be provided off-site at any other
   locations in the county other than those provided in the county&#8217;s zoning
   ordinance in accordance with subdivision a, the total gross square footage of
   which units shall be 10% of the amount of the gross floor area of the project
   that is over 1.0 FAR, or an equivalent density based on units per acre, or
   				c. A cash contribution to the county&#8217;s affordable housing fund,
   which contribution shall be calculated as follows for each of the
   below-described density tiers:

      1. One and one-half dollars per square foot of gross floor area for the
      first tier of density between zero and 1.0 FAR, or an equivalent density
      based on units per acre.

      2. Four dollars per square foot of gross floor area for the tier of density
      in residential projects between 1.0 FAR and 3.0 FAR, or an equivalent
      density based on units per acre, and $4 per square foot of gross floor area
      for the tier of density in commercial projects above 1.0 FAR.

      3. Eight dollars per square foot of gross floor area for the tier of density
      in residential projects above 3.0 FAR, or an equivalent density based on
      units per acre.

      4. For mixed-use projects, cash contributions shall be calculated by
      applying the proportionate amount of commercial and residential gross floor
      area to each tier.
      					The cash contribution shall be indexed to the Consumer Price Index for
      Housing in the Washington-Baltimore MSA as published by the Bureau of Labor
      Statistics and shall be adjusted annually based upon the January changes to
      such index for that year.

   3. The applicant shall provide the county manager or his designee, prior to
   the issuance of the first certificate of occupancy for the residential,
   commercial, or mixed-use project, a written plan of how the applicant proposes
   to address the provision of Affordable Dwelling Units or cash contribution as
   provided in this section and the provisions of the zoning ordinance adopted
   pursuant to this section. The county manager or his designee shall approve or
   disapprove the applicant&#8217;s plan in writing within 30 days of receipt of
   the written proposal from the applicant. If the county manager or his designee
   disapproves of the applicant&#8217;s plan, specific reasons for such
   disapproval shall be provided.

   4. An applicant may submit a written plan to be considered by the governing
   body or its designee to address the provision of Affordable Dwelling Units or
   cash contribution as provided in this section and the provisions of the zoning
   ordinance adopted pursuant to this section that deviate from the requirements
   of this section and the ordinance. Any such deviations may be approved in
   accordance with the procedures established in the county&#8217;s zoning
   ordinance, which procedures shall include a provision for an appeal to the
   governing body of any administrative decision relative to the written plan
   submitted by the applicant.

   5. The ordinance adopted by the county pursuant to this section may provide
   that, in the discretion of the governing body and with the agreement of the
   applicant, at the time of consideration of the special exception application,
   the above requirements may be totally or partially substituted for other
   compelling public priorities established in plans, studies, policies, or other
   documents of the county.

   6. Applications for a special exception approval of a residential, commercial,
   or mixed-use project that results in the demolition and rebuilding of an
   existing project shall be subject to the requirements of this section and the
   zoning ordinance adopted pursuant to this section at the time of
   redevelopment; however, only density that is replaced or rebuilt and any
   increased density shall be subject to the requirements. This section and the
   county&#8217;s zoning ordinance adopted pursuant to this section shall not
   apply to rehabilitation or renovation of existing residential, commercial, or
   mixed-use projects.

   7. For purposes of this section &#8220;Affordable Dwelling Unit&#8221; means
   units committed for a 30-year term as affordable to households with incomes at
   60% of the area median income.

B. This section shall apply to an application for a special exception approval
for a residential, commercial, or mixed-use project with a density provided for
by the County&#8217;s comprehensive plan designation for the property that is
the subject matter of the application. This section shall further apply to such
an application that requires rezoning of the property that is the subject matter
of the application to permit a use provided for by the county&#8217;s
comprehensive plan designation for the subject property.

C. The ordinance adopted by the county pursuant to this section may provide that
an application for approval of a special exception for a residential,
commercial, or mixed-use project that requests an increase in density that
exceeds the density provided for by the county&#8217;s comprehensive plan
designation for the property that is the subject matter of the application shall
be subject to an affordable housing requirement in addition to the requirements
of this section and the zoning ordinance adopted pursuant to this section.

D. The ordinance adopted by the county pursuant to this section or other
provisions of law may provide that an application that requests to amend the
county&#8217;s comprehensive plan designation for the subject property to a
higher density designation may be subject to an affordable housing requirement
in addition to the requirements of this section and the zoning ordinance adopted
pursuant to this section.

E. The ordinance adopted by the county pursuant to this section may provide that
applications for a special exception approval for residential, commercial, or
mixed-use projects that result in the elimination of existing units affordable
to households with incomes equal to or below 80% of the area median income
address replacement of the eliminated units as a condition of the governing
body&#8217;s approval of the special exception application.

F. With the exception of the authority under &#xA7; 15.2-2304, this section
establishes the legislative authority for the county to obtain Affordable
Dwelling Units in exchange for the approval of a special exception application
for a residential, commercial, or mixed-use project in the county, and a special
exception may not be used in combination with any other provision of law in
Chapter 22 (&#xA7; 15.2-2200 et seq.) of Title 15.2 to obtain Affordable
Dwelling Units from an applicant. Nothing in this section shall be construed to
repeal the county&#8217;s authority under any other provision of law.

HISTORY: 2006, c. 481.