SB 1143 Virginia Senate · 2019 Regular Session

Conditional rezoning proffers; extensive changes to zoning provisions.

Summary
Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include provisions stating that no locality shall "require" any unreasonable proffer. Under current law, no locality may "request or accept" any unreasonable proffer. Other changes include (i) an expansion of the definitions of "public safety facility improvement" and "public school facility improvement"; (ii) allowing an applicant to submit any offsite proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers; and (iii) provisions stating that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or shall be deemed or interpreted to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities either onsite or offsite that are specifically attributable to such development. Final enactments state that (a) the bill shall be effective as to any application for a rezoning or proffer condition amendment filed on or after July 1, 2019, or to certain other pending applications, and (b) an applicant with a pending application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, may elect to proceed under the law as it existed prior to that date, and an applicant with a pending application for a rezoning or proffer condition amendment filed on or after July 1, 2016, but before July 1, 2019, may elect to proceed under the law as it existed during that period.
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2018
Committee Review
Floor Vote
Governor
Introduced Dec 31, 2018 Last action Dec 31, 2018
Floor votes

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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
1
Dec 31, 2018
Committee
Referred to Committee on Local Government
upper
Dec 31, 2018
Introduced
Prefiled and ordered printed; offered 01/09/19 19101649D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mark Peake
Mark Peake
RRepublican
VA
8