                                 CODE OF VIRGINIA

CREATION OF DISTRICT (§ 33.2-2101)

A. A district may be created in a county by a resolution of the governing body.
Any such resolution shall be considered only upon the petition, to the governing
body, of the owners of at least 51 percent of either the land area or the
assessed value of real property that (i) is within the boundaries of the
proposed district, (ii) has been zoned for commercial or industrial use or is
used for such purposes, and (iii) would be subject to the annual special
improvement tax authorized by &#xA7; 33.2-2105 if the proposed district is
created. Any proposed district within a county may include any real property
within a town or towns within the boundaries of such county.

B. The petition to the governing body 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 that 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 governing body to establish the proposed district for the
   purposes set forth in the petition.

C. Upon the filing of such a petition, the 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, a
copy of the petition and notice of the public hearing shall be delivered to the
town council at least 30 days prior to the public hearing, and the town council
may by resolution determine if the town council wishes any property located
within the town to be included within the proposed district and any such
resolution shall be delivered to the governing body prior to the public hearing
required by this section. Such resolution shall be binding upon the governing
body with respect to the inclusion or exclusion of such properties within the
proposed district. If that resolution permits any commercial or industrial
property located within a town to be included in the proposed district, then if
requested to do so by the petition the town council of any town that has adopted
a zoning ordinance also shall pass a resolution, to be effective upon creation
of the proposed district, that is consistent with the requirements of subsection
E with respect to commercial and industrial zoning classifications that shall be
in force in that portion of the town included in the 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. Such public hearing may be
adjourned from time to time.

D. If the governing body finds the creation of the proposed district would be in
furtherance of the county&#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, the governing body may pass a resolution that is reasonably consistent
with the petition, that creates the district upon final adoption, and that
provides for the appointment of an advisory board in accordance with this
chapter upon final adoption. Any such resolution shall be conclusively presumed
to be reasonably consistent with the petition if, following the public hearing,
as provided in the following provisions of this section, the petition continues
to comply with the provisions of this section with respect to the criteria
relating to minimum acreage or assessed valuation.

E. The resolution shall provide a description with specific terms and conditions
of all commercial and industrial zoning classifications that apply within the
district, but not within any town within the district that has adopted a zoning
ordinance, 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 such 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, (ii) as 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, (iii) as required to comply
with the provisions of the federal Clean Water Act regarding municipal and
industrial stormwater discharges (33 U.S.C. &#xA7; 1342(p)) and regulations
promulgated thereunder by the federal Environmental Protection Agency, or (iv)
as specifically required to comply with any other state or federal law.

F. A resolution creating a district shall also provide (i) that the district
shall expire 50 years from the date upon which the resolution is passed or (ii)
that the district shall expire when the district is abolished in accordance with
&#xA7; 33.2-2115. After the public hearing, the governing body may adopt a
proposed resolution creating the district. No later than two business days
following the adoption of the proposed resolution, copies of the proposed
resolution shall be available in the office of the clerk of the governing body
for inspection and copying by the petitioning landowners and their
representatives, by members of the public, and by representatives of the news
media. No later than seven business days following the adoption of the proposed
resolution, any petitioning landowner may notify the clerk of the governing body
in writing that the petitioning landowner is withdrawing his signature from the
petition. Within the same seven-day period, the owner of any property in the
proposed district that will be subject to the annual special improvements tax
authorized by &#xA7; 33.2-2105, if the proposed district is created, or the
attorney-in-fact of any such owner may notify the clerk of the governing body in
writing that he is adding his signature to the petition. The governing body may
then proceed to final adoption of the proposed resolution following that
seven-day period. If any petitioner has withdrawn his signature from the
petition during that seven-day period, then the governing body may readopt the
proposed resolution only if the petition, including any landowners who have
added their signatures after adoption of the proposed resolution, continues to
meet the provisions of this section. After the governing body has readopted the
resolution creating the district, the district shall be established and the name
of the district shall be &#8220;The _____ _____ Transportation Improvement
District.&#8221;

HISTORY: 2001, c. 611, § 33.1-431; 2004, c. 792; 2014, c. 805; 2023, cc. 506,
507; 2024, cc. 225, 242.