reglab/housing_qa huggingface dataset:
VA Code § 15.2-2313 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2313. Proceedings to prevent construction of building in violation of zoning ordinance

Where a building permit has been issued and the construction of the building for which the permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning ordinance, by suit filed within fifteen days after the start of construction by a person who had no actual notice of the issuance of the permit, the court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning appeals.1975, c. 521, § 15.1-496.3; 1997, c. 587.
VA Code § 15.2-2315 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2315. Conflict with statutes, local ordinances or regulations

Whenever the regulations made under authority of this article require a greater width or size of yards, courts or other open spaces, require a lower height of building or less number of stories, require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this article shall govern. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, require a lower height of building or a less number of stories, require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern.Code 1950, §§ 15-842, 15-968.12; 1962, c. 407, § 15.1-498; 1997, c. 587.
VA Code § 15.2-2316 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316. Validation of zoning ordinances prior to 1971

All proceedings had in the preparation, certification and adoption of zoning ordinances by every locality prior to January 1, 1971, which shall have been in substantial compliance with the provisions of this chapter are validated and confirmed, and all such zoning ordinances adopted or attempted to be adopted pursuant to the provisions of this chapter are declared to be validly adopted and enacted, notwithstanding any defects or irregularities in the adoption thereof.Code 1950, § 15-854.2; 1962, c. 583, § 15.1-503; 1984, c. 380; 1997, c. 587.
VA Code § 15.2-2316.1 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.1. Definitions

As used in this article, the term:"Development rights" means the permitted uses and density of development that are allowed on the sending property under any zoning ordinance of a locality on a date prescribed by the ordinance. "Development rights" includes "transferable development rights.""Receiving area" means one or more areas identified by an ordinance and designated by the comprehensive plan as an area authorized to receive development rights transferred from a sending area."Receiving property" means a lot or parcel within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the property. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property. Development rights may be transferred between receiving properties, as otherwise permitted in the ordinance."Sending area" means one or more areas identified by an ordinance and designated by the comprehensive plan as an area from which development rights are authorized to be severed and transferred to a receiving area."Sending property" means a lot or parcel within a sending area from which development rights are authorized to be severed."Severance of development rights" means the process by which development rights from a sending property are severed pursuant to this act."Transfer of development rights" means the process by which development rights from a sending property are affixed to one or more receiving properties."Transferable development rights" means all or that portion of development rights that are transferred or are transferable.2006, c. 573; 2007, cc. 363, 410; 2009, cc. 413, 731.
VA Code § 15.2-2316.4:3 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.4:3. Additional provisions

A. A locality shall not require zoning approval for (i) routine maintenance or (ii) the replacement of wireless facilities or wireless support structures within a six-foot perimeter with wireless facilities or wireless support structures that are substantially similar or the same size or smaller. However, a locality may require a permit to work within the right-of-way for the activities described in clause (i) or (ii), if applicable.B. Nothing in this article shall prohibit a locality from limiting the number of new structures or the number of wireless facilities that can be installed in a specific location.2018, cc. 835, 844.
VA Code § 15.2-2316.5 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.5. Moratorium prohibited

A locality shall not adopt a moratorium on considering zoning applications submitted by wireless services providers or wireless infrastructure providers.2017, c. 835.
VA Code § 15.2-2316.6 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.6. Definitions

As used in this article, unless the context requires a different meaning:"Energy storage facilities" means the energy storage equipment and technology within an energy storage project that is capable of absorbing energy, storing such energy for a period of time, and redelivering such energy after it has been stored."Energy storage project" means the energy storage facilities within the project site."Host locality" means any locality within the jurisdictional boundaries of which construction of a commercial solar project or an energy storage project is proposed."Solar facilities" means commercial solar photovoltaic (electric energy) generation facilities. "Solar facilities" does not include any solar project that is (i) described in § 56-594, 56-594.01, 56-594.02, or 56-594.2, or (ii) five megawatts or less."Solar project" means the solar facilities, subject to this chapter, that are within the project site.2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.
VA Code § 15.2-2316.7 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.7. Negotiations; siting agreement

A. Any applicant for a solar project or an energy storage project shall give to the host locality written notice of the applicant's intent to locate in such locality and request a meeting. Such applicant shall meet, discuss, and negotiate a siting agreement with such locality.B. The siting agreement may include terms and conditions, including (i) mitigation of any impacts of such solar project or energy storage project; (ii) financial compensation to the host locality to address capital needs set out in the (a) capital improvement plan adopted by the host locality, (b) current fiscal budget of the host locality, or (c) fiscal fund balance policy adopted by the host locality; or (iii) assistance by the applicant in the deployment of broadband, as defined in § 56-585.1:9, in such locality.2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.
VA Code § 15.2-2316.8 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.8. Powers of host localities

A. The governing body of a host locality shall have the power to:1. Hire and pay consultants and other experts on behalf of the host locality in matters pertaining to the siting of a solar project or energy storage project;2. Meet, discuss, and negotiate a siting agreement with an applicant; and3. Enter into a siting agreement with an applicant that is binding upon the governing body of the host locality and enforceable against it and future governing bodies of the host locality in any court of competent jurisdiction by signing a siting agreement pursuant to this article. Such contract may be assignable at the parties' option.B. If the parties to the siting agreement agree upon the terms and conditions of a siting agreement, the host locality shall schedule a public hearing, pursuant to subsection A of § 15.2-2204, for the purpose of consideration of such siting agreement. If a majority of a quorum of the members of the governing body present at such public hearing approve of such siting agreement, the siting agreement shall be executed by the signatures of (i) the chief executive officer of the host locality and (ii) the applicant or the applicant's authorized agent. The siting agreement shall continue in effect until it is amended, revoked, or suspended.2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.
VA Code § 15.2-2316.9 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2316.9. Effect of executed siting agreement; land use approval

A. Nothing in this article shall be construed to exempt an applicant from any other applicable requirements to obtain approvals and permits under federal, state, or local ordinances and regulations. An applicant may file for appropriate land use approvals for the solar project or energy storage project, as applicable, under the regulations and ordinances of the host locality at or after the time the applicant submits its notice of intent to site a solar project or energy storage project as set forth in subsection A of § 15.2-2316.7.B. Nothing in this article shall affect the authority of the host locality to enforce its ordinances and regulations to the extent that they are not inconsistent with the terms and conditions of the siting agreement.C. Approval of a siting agreement by the local governing body in accordance with subsection B of § 15.2-2316.8 shall deem the solar project or energy storage project to be substantially in accord with the comprehensive plan of the host locality, thereby satisfying the requirements of § 15.2-2232.D. The failure of an applicant and the governing body to enter into a siting agreement may be a factor in the decision of the governing body in the consideration of any land use approvals for a solar project or energy storage project, but shall not be the sole reason for a denial of such land use approvals.2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.
VA Code § 15.2-2317 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2317. Applicability of article

This article shall apply to any locality that has adopted zoning pursuant to Article 7 (§ 15.2-2280 et seq.) of Chapter 22 of Title 15.2 and that (i) has a population of at least 20,000 and has a population growth rate of at least 5% or (ii) has population growth of 15% or more. For the purposes of this section, population growth shall be the difference in population from the next-to-latest to the latest decennial census year, based on population reported by the United States Bureau of the Census.1989, c. 485, § 15.1-498.1; 1997, c. 587; 2000, c. 495; 2006, c. 832; 2007, c. 896.
VA Code § 15.2-2318 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2318. Definitions

As used in this article, unless the context requires a different meaning:"Cost" includes, in addition to all labor, materials, machinery and equipment for construction, (i) acquisition of land, rights-of-way, property rights, easements and interests, including the costs of moving or relocating utilities, (ii) demolition or removal of any structure on land so acquired, including acquisition of land to which such structure may be moved, (iii) survey, engineering, and architectural expenses, (iv) legal, administrative, and other related expenses, and (v) interest charges and other financing costs if impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued by the locality to finance the road improvement."Impact fee" means a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of reasonable road improvements benefiting the new development. Impact fees may not be assessed and imposed for road repair, operation and maintenance, nor to meet demand which existed prior to the new development."Impact fee service area" means an area designated within the comprehensive plan of a locality having clearly defined boundaries and clearly related traffic needs and within which development is to be subject to the assessment of impact fees."Road improvement" includes construction of new roads or improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality with road maintenance responsibilities, to meet increased demand attributable to new development. Road improvements do not include on-site construction of roads which a developer may be required to provide pursuant to §§ 15.2-2241 through 15.2-2245.1989, c. 485, § 15.1-498.2; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2319 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2319. Authority to assess and impose impact fees

Any applicable locality may, by ordinance pursuant to the procedures and requirements of this article, assess and impose impact fees on new development to pay all or a part of the cost of reasonable road improvements that benefit the new development.Prior to the adoption of the ordinance, a locality shall establish an impact fee advisory committee. The committee shall be composed of not less than five nor more than ten members appointed by the governing body of the locality and at least forty percent of the membership shall be representatives from the development, building or real estate industries. The planning commission or other existing committee that meets the membership requirements may serve as the impact fee advisory committee. The committee shall serve in an advisory capacity to assist and advise the governing body of the locality with regard to the ordinance. No action of the committee shall be considered a necessary prerequisite for any action taken by the locality in regard to the adoption of an ordinance.1989, c. 485, § 15.1-498.2; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2320 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2320. Impact fee service areas to be established

The locality shall delineate one or more impact fee service areas within its comprehensive plan. Impact fees collected from new development within an impact fee service area shall be expended for road improvements benefiting that impact fee service area. An impact fee service area may encompass more than one road improvement project. A locality may exclude urban development areas designated pursuant to § 15.2-2223.1 from impact fee service areas.1989, c. 485, § 15.1-498.3; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2322 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2322. Adoption of impact fee and schedule

After adoption of a road improvement program, the locality may adopt an ordinance establishing a system of impact fees to fund or recapture all or any part of the cost of providing reasonable road improvements benefiting new development. The ordinance shall set forth the schedule of impact fees.1989, c. 485, § 15.1-498.5; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2323 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2323. When impact fees assessed and imposed

The amount of impact fees to be imposed on a specific development or subdivision shall be determined before or at the time the site plan or subdivision is approved. The ordinance shall specify that the fee is to be collected at the time of the issuance of a building permit. The ordinance shall provide that fees (i) may be paid in lump sum or (ii) be paid on installment at a reasonable rate of interest for a fixed number of years. The locality by ordinance may provide for negotiated agreements with the owner of the property as to the time and method of paying the impact fees.The maximum impact fee to be imposed shall be determined (i) by dividing projected road improvement costs in the impact fee service area when fully developed by the number of projected service units when fully developed, or (ii) for a reasonable period of time, but not less than ten years, by dividing the projected costs necessitated by development in the next ten years by the service units projected to be created in the next ten years.The ordinance shall provide for appeals from administrative determinations, regarding the impact fees to be imposed, to the governing body or such other body as designated in the ordinance. The ordinance may provide for the resolution of disputes over an impact fee by arbitration or otherwise.1989, c. 485, § 15.1-498.6; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2324 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2324. Credits against impact fee

The value of any dedication, contribution or construction from the developer for off-site road or other transportation improvements benefiting the impact fee service area shall be treated as a credit against the impact fees imposed on the developer's project. The locality shall treat as a credit any off-site transportation dedication, contribution, or construction, whether it is a condition of a rezoning or otherwise committed to the locality. The locality may by ordinance provide for credits for approved on-site transportation improvements in excess of those required by the development.The locality also shall calculate and credit against impact fees the extent to which (i) other developments have already contributed to the cost of existing roads which will benefit the development, (ii) new development will contribute to the cost of existing roads, and (iii) new development will contribute to the cost of road improvements in the future other than through impact fees, including any special taxing districts, special assessments, or community development authorities.1989, c. 485, § 15.1-498.7; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2325 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2325. Updating plan and amending impact fee

The locality shall update the needs assessment and the assumptions and projections at least once every two years. The road improvement plan shall be updated at least every two years to reflect current assumptions and projections. The impact fee schedule may be amended to reflect any substantial changes in such assumptions and projections. Any impact fees not yet paid shall be assessed at the updated rate.1989, c. 485, § 15.1-498.8; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2326 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2326. Use of proceeds

A separate road improvement account shall be established for the impact fee service area and all funds collected through impact fees shall be deposited in the interest-bearing account. Interest earned on deposits shall become funds of the account. The expenditure of funds from the account shall be only for road improvements benefiting the impact fee service area as set out in the road improvement plan for the impact fee service area.1989, c. 485, § 15.1-498.9; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2327 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2327. Refund of impact fees

The locality shall refund any impact fee or portion thereof for which construction of a project is not completed within a reasonable period of time, not to exceed fifteen years. In the event that impact fees are not committed to road improvements benefiting the impact fee service area within seven years from the date of collection, the locality may commit any such impact fees to the secondary or urban system construction program of that locality for road improvements that benefit the impact fee service area.Upon completion of a project, the locality shall recalculate the impact fee based on the actual cost of the improvement. It shall refund the difference if the impact fee paid exceeds actual cost by more than fifteen percent. Refunds shall be made to the record owner of the property at the time the refund is made.1989, c. 485, § 15.1-498.10; 1992, c. 465; 1997, c. 587; 2007, c. 896.
VA Code § 15.2-2328 (2021)
2021 Code of Virginia|Title 15.2 - Counties, Cities and Towns|Chapter 22 - Planning, Subdivision of Land and Zoning|§ 15.2-2328. Applicability of article

The provisions of this article shall apply in their entirety to any locality that has established an urban transportation service district in accordance with § 15.2-2403.1. However, the authority granted by this article may be exercised only in areas outside of urban transportation service districts and on parcels that are currently zoned agricultural and are being subdivided for by-right residential development. The authority granted by this article shall expire on December 31, 2008, for any locality that has not established an urban transportation service district and adopted an impact fee ordinance pursuant to this article by such date.2007, c. 896.