VA HB770 | 2016 | Regular Session
Status
Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 3 2016 - 50% progression, died in chamber
Action: 2016-03-01 - Stricken from docket by Local Government (12-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]
Status: Engrossed on February 3 2016 - 50% progression, died in chamber
Action: 2016-03-01 - Stricken from docket by Local Government (12-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]
Summary
Conditional zoning. Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for. An off-site proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility, such that, (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment, and (b) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. The bill also provides that certain conditional rezoning proffers related to building materials, finishes, methods of construction, or design features on a new residential development are prohibited.
Title
Conditional zoning; provisions applicable to all rezoning proffers, definitions.
Sponsors
Roll Calls
2016-03-01 - Senate - Senate: Stricken from docket by Local Government (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-04 - House - House: VOTE: PASSAGE (68-Y 27-N 2-A) (Y: 70 N: 28 NV: 3 Abs: 2) [PASS]
2016-01-29 - House - House: Reported from Counties, Cities and Towns with substitute (19-Y 2-N) (Y: 20 N: 2 NV: 1 Abs: 0) [PASS]
2016-01-27 - House - House: Subcommittee recommends reporting with amendment(s) (10-Y 0-N) (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-04 - House - House: VOTE: PASSAGE (68-Y 27-N 2-A) (Y: 70 N: 28 NV: 3 Abs: 2) [PASS]
2016-01-29 - House - House: Reported from Counties, Cities and Towns with substitute (19-Y 2-N) (Y: 20 N: 2 NV: 1 Abs: 0) [PASS]
2016-01-27 - House - House: Subcommittee recommends reporting with amendment(s) (10-Y 0-N) (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2016-03-01 | Senate | Stricken from docket by Local Government (12-Y 0-N) |
| 2016-02-05 | Senate | Referred to Committee on Local Government |
| 2016-02-05 | Senate | Constitutional reading dispensed |
| 2016-02-04 | House | VOTE: PASSAGE (68-Y 27-N 2-A) |
| 2016-02-04 | House | Read third time and passed House (68-Y 27-N 2-A) |
| 2016-02-03 | House | Printed as engrossed 16104806D-EH1 |
| 2016-02-03 | House | Engrossed by House - committee substitute with amendment HB770EH1 |
| 2016-02-03 | House | Amendment by Delegate Dudenhefer agreed to |
| 2016-02-03 | House | Committee substitute agreed to 16104806D-H1 |
| 2016-02-03 | House | Read second time |
| 2016-02-02 | House | Passed by for the day |
| 2016-02-01 | House | Read first time |
| 2016-01-29 | House | Committee substitute printed 16104806D-H1 |
| 2016-01-29 | House | Reported from Counties, Cities and Towns with substitute (19-Y 2-N) |
| 2016-01-27 | House | Subcommittee recommends reporting with amendment(s) (10-Y 0-N) |
| 2016-01-21 | House | Assigned CC & T sub: Subcommittee #2 |
| 2016-01-12 | House | Referred to Committee on Counties, Cities and Towns |
| 2016-01-12 | House | Prefiled and ordered printed; offered 01/13/16 16103862D |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 15 | 2 | 2303.4 | (n/a) | See Bill Text |
| 15 | 2 | 2303.5 | (n/a) | See Bill Text |
