                                 CODE OF VIRGINIA

CREATION OF DISTRICT (§ 33.2-2001)

A. A district may be created in a single locality or in two or more contiguous
localities. If created in a single locality, a district shall be created by a
resolution of the local governing body. If created in two or more contiguous
localities, a district shall be created by the resolutions of each of the local
governing bodies. Any such resolution shall be considered only upon the
petition, to each local governing body of the locality in which the proposed
district is to be located, of the owners of at least 51 percent of either the
land area or the assessed value of land in each locality that (i) is within the
boundaries of the proposed district and (ii) has been zoned for commercial or
industrial use or is used for such purposes. Any proposed district within a
county or counties may include any land within a town or towns within the
boundaries of such county or counties.

B. The petition to the local governing body or bodies shall:

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

   2. Describe the transportation improvements proposed within the district;

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

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

   5. Request the local governing body or bodies to establish the proposed
   district for the purposes set forth in the petition.

C. Upon the filing of such a petition, each local governing body 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 real property
within the proposed district would benefit from the establishment of the
proposed district. All interested persons who either reside in or own taxable
real property within 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 within a town is included in the proposed district,
the governing body shall deliver a copy of the petition and notice of the public
hearing to the town council at least 30 days prior to the public hearing, and
the town council may by resolution 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 local governing body at the public hearing
required by this section. Such resolution shall be binding upon the local
governing body with respect to the inclusion or exclusion of such properties
within the proposed district. 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 three times in a newspaper of general
circulation within the locality, with the first publication appearing no more
than 35 days before and the third publication appearing no less than seven days
before the hearing.

D. If each local governing body finds the creation of the proposed district
would be in furtherance of the locality&#8217;s comprehensive plan for the
development of the area, in the best interests of the residents and owners of
real property within the proposed district, and in furtherance of the public
health, safety, and welfare, then each local governing body may pass a
resolution, which shall be reasonably consistent with the petition, creating the
district and providing for the appointment of an advisory board in accordance
with this chapter. The resolution shall provide a description with specific
terms and conditions of all commercial and industrial 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 criterion set forth therein shall remain
in force within the district without elimination, reduction, or restriction,
except (i) upon the written request or approval of the owner of any property
affected by a change or (ii) as specifically required to comply with state or
federal law.
			Each resolution creating a district shall also provide (a) that the district
shall expire 35 years from the date upon which the resolution is passed or (b)
that the district shall expire when the district is abolished in accordance with
&#xA7; 33.2-2014. After the public hearing, each local governing body shall
deliver a certified copy of its proposed resolution creating the district to the
petitioning landowners or their attorneys-in-fact. Any petitioning landowner may
then withdraw his signature on the petition, in writing, at any time prior to
the vote of the local governing body. In the case where any signatures on the
petition are withdrawn, the local governing body may pass the proposed
resolution only upon certification that the petition continues to meet the
provisions of this section. After all local governing bodies have adopted
resolutions creating the district, the district shall be established and the
name of the district shall be &#8220;The __________ Transportation Improvement
District.&#8221;

HISTORY: 1993, c. 395, § 33.1-410; 2014, c. 805; 2023, cc. 506, 507; 2024, cc.
225, 242.