Virginia SB 469: Conditional zoning; removes restrictions on types of proffers a locality may request or accept.

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Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18100807D

SENATE BILL NO. 469 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact � 15.2-2303.4 of the Code of 
 Virginia, relating to conditional zoning. 
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Patron-- Reeves (By Request) 

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Referred to Committee on Local Government 

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Be it enacted by the General Assembly of Virginia:

1. That � 15.2-2303.4 of the Code of Virginia is amended and 
 reenacted as follows:

� 15.2-2303.4. Provisions applicable to certain conditional 
 rezoning proffers.

A. For purposes of this section, unless the context requires a 
 different meaning:

"New residential development" means any construction 
 or building expansion on residentially zoned property, including a residential 
 component of a mixed-use development, that results in either one or more 
 additional residential dwelling units or, otherwise, fewer residential dwelling 
 units, beyond what may be permitted by right under the then-existing zoning of 
 the property, when such new residential development requires a rezoning or 
 proffer condition amendment.

"New residential use" means any use of residentially 
 zoned property that requires a rezoning or that requires a proffer condition 
 amendment to allow for new residential development.

"Offsite proffer" means a proffer addressing an 
 impact outside the boundaries of the property to be developed and shall include 
 all cash proffers.

"Onsite proffer" means a proffer addressing an 
 impact within the boundaries of the property to be developed and shall not 
 include any cash proffers.

"Proffer condition amendment" means an amendment to 
 an existing proffer statement applicable to a property or properties.

"Public facilities" means public transportation 
 facilities, public safety facilities, public school facilities, or public 
 parks.

"Public facility improvement" means an offsite 
 public transportation facility improvement, a public safety facility 
 improvement, a public school facility improvement, or an improvement to or 
 construction of a public park. No public facility improvement shall include any 
 operating expense of an existing public facility, such as ordinary maintenance 
 or repair, or any capital improvement to an existing public facility, such as a 
 renovation or technology upgrade, that does not expand the capacity of such 
 facility. For purposes of this section, the term "public park" shall 
 include playgrounds and other recreational facilities.

"Public safety facility improvement" means 
 construction of new law-enforcement, fire, emergency medical, and rescue 
 facilities or expansion of existing public safety facilities, to include all 
 buildings, structures, parking, and other costs directly related thereto.

"Public school facility improvemen