Virginia HB 626: Disclosure in land use proceedings; statewide application.

Bill Text

2022SESSION
INTRODUCED
22101241D
1 HOUSEBILLNO.626
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 15.2-852 and 15.2-2287.1 of the Code of Virginia, relating to
5 disclosure in land use proceedings.
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Patron––Roem
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8 ReferredtoCommitteeonCounties,CitiesandTowns
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§15.2-852 and 15.2-2287.1 of the Code of Virginia are amended and reenacted as follows:
12 §15.2-852. Disclosures in land use proceedings.
13 A. Each individual member of the board of supervisors, the planning commission, and the board of
14 zoning appeals in any proceeding before each such body involving an application for a special exception
15 or variance or involving an application for amendment of a zoning ordinance map, which does not
16 constitute the adoption of a comprehensive zoning plan, an ordinance applicable throughout the county,
17 or an application filed by the board of supervisors that involves more than 10 parcels that are owned by
18 different individuals, trusts, corporations, or other entities, shall, prior to any hearing on the matter or at
19 such hearing, make a full public disclosure of any business or financial relationship which such member
20 has, or has had within the 12-month period prior to such hearing, (i) with the applicant in such case, or
21 (ii) with the title owner, contract purchaser or lessee of the land that is the subject of the application,
22 except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% 10
23 percent or more of the units in the condominium, or (iii) if any of the foregoing is a trustee (other than
24 a trustee under a corporate mortgage or deed of trust securing one or more issues of corporate mortgage
25 bonds), with any trust beneficiary having an interest in such land, or (iv) with the agent, attorney or real
26 estate broker of any of the foregoing. For the purpose of this subsection, "business or financial
27 relationship" means any relationship (other than any ordinary customer or depositor relationship with a
28 retail establishment, public utility or bank) such member, or any member of the member's immediate
29 household, either directly or by way of a partnership in which any of them is a partner, employee, agent
30 or attorney, or through a partner of any of them, or through a corporation in which any of them is an
31 officer, director, employee, agent or attorney or holds 10 percent or more of the outstanding bonds or
32 shares of stock of a particular class, has, or has had within the 12-month period prior to such hearing,
33 with the applicant in the case, or with the title owner, contract purchaser or lessee of the subject land,
34 except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10% 10
35 percent or more of the units in the condominium, or with any of the other persons above specified. For
36 the purpose of this subsection "business or financial relationship" also means the receipt by the member,
37 or by any person, firm, corporation or committee in his behalf from the applicant in the case or from
38 the title owner, contract purchaser or lessee of the subject land, except, in the case of a condominium,
39 with the title owner, contract purchaser, or lessee of 10% 10 percent or more of the units in the
40 condominium, or from any of the other persons above specified, during the 12-month period prior to the
41 hearing in such case, of any gift or donation having a value of more than $100, singularly or in the
42 aggregate.
43 If at the time of the hearing in any such case such member has a relationship of employee-employer,
44 agent-principal, or attorney-client business or financial interest with the applicant in the case or with the
45 title owner, contract purchaser or lessee of the subject land except, in the case of a condominium, with
46 the title owner, contract purchaser, or lessee of 10% 10 percent or more of the units in the
47 condominium, or with any of the other persons above specified, that member shall, prior to any hearing
48 on the matter or at such hearing, make a full public disclosure of such a business or financial interest
49 or employee-employer, agent-principal, or attorney-client relationship and shall be ineligible to vote or
50 participate in any way in such case or in any hearing thereon.
51 B. In any case described in subsection A pending before the board of supervisors, planning
52 commission or board of zoning appeals, the applicant in the case shall, prior to any hearing on the
53 matter, file with the board or commission a statement in writing and under oath identifying by name and
54 last known address each person, corporation, partnership or other association specified in the first
55 paragraph of subsection A. The requirements of this section shall be applicable only with respect to
56 those so identified.
57 C. Any person know