TITLE 15.2. COUNTIES, CITIES AND TOWNS.

§§ 15.2-412, 15.2-518, 15.2-527, 15.2-1231, 15.2-1541.1, and 15.2-2811 through 15.2-2817. See § 63.1-1.1; SB 303.

§ 15.2-709.1 added.
County manager plan; applicant preemployment information. Requires applicants for employment with Arlington County to submit to fingerprinting and a criminal records check. The bill also requires the county to notify the applicant if information obtained from the Central Criminal Records Exchange contributes to denial of the applicant. HB 1094; CH. 730/SB 215; CH. 670.

§ 15.2-720.1 added.
County manager plan; employee benefits. Allows any county with the county manager plan of government (currently, only Arlington County), to provide for the use of funds, other than state funds, to provide grants for county and school board employees to purchase or rent residences, for use as the employee's principal residence, within the county. HB 1078; CH. 330.

§ 15.2-912. See § 54.1-700; HB 531.

§ 15.2-915 amended.
Local control of firearms. Provides that a statute that does not refer to firearms or ammunition shall not be construed to provide express authorization for localities to regulate firearms. From and after January 1, 1987, no locality shall adopt any ordinance, resolution, or motion, nor take any administrative action governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. The bill provides a locality is not prohibited from adopting workplace rules relating to "terms and conditions of employment." SB 593; CH. 484.

§ 15.2-928 amended.
Solid waste depositories; localities' authority; penalties. Grants all localities the authority to limit the use of waste depositories or receptacles, owned or maintained by the locality, to the disposal of garbage and other solid waste originating from within the boundaries of such locality. Any locality adopting such an ordinance may provide penalties for its violation. SB 359; CH. 161.

§ 15.2-928 amended.
Local recycling and waste disposal; civil penalties. Authorizes localities to provide civil penalties for the unauthorized use of or failure to use solid waste management facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recyclable materials, and other refuse. Current law states only that localities may provide "penalties" for such unauthorized or failed usage. The bill also precludes localities from bringing both criminal and civil charges against an individual for the same offense. SB 589; CH. 690.

§ 15.2-949. See § 46.2-695; HB 1188.

§ 15.2-961 amended.
Tree canopy bank. Provides that certain localities may by ordinance provide for an off-site tree canopy bank to meet a portion of a development's tree canopy requirements in instances where its local ordinance allows for reasonable exceptions to or deviations from standard tree canopy requirements during the development process. HB 185; CH. 19/SB 76; CH. 226.

§ 15.2-974. See § 27-95; SB 683.

§ 15.2-1132 amended.
Volunteer inspectors in certain cities. Allows the City of Chesapeake to utilize supervised trained and qualified volunteers to issue notices of noncompliance for certain types of property maintenance and zoning violations. Currently, only the City of Virginia Beach has such authority. HB 474; CH. 31.

§ 15.2-1132 amended.
Volunteer inspectors in certain cities. Allows the cities of Chesapeake and Richmond to utilize supervised trained and qualified volunteers to issue notices of noncompliance for certain types of property maintenance and zoning violations. Currently, only the City of Virginia Beach has such authority. SB 363; CH. 451.

§ 15.2-1231 amended.
Competitive purchasing; schools. Requires the governing body of a county to obtain the approval of the school board before including the school board in the county's centralized competitive purchasing of supplies. SB 369; CH. 452.

§ 15.2-1411 amended.
Local advisory boards; compensation. Raises the amount that localities can compensate members of advisory boards from $50 to $75 for regular meetings, not to exceed one meeting per month. Also, localities may provide compensation for training. HB 182; CH. 27.

§§ 15.2-1500 and 15.2-2160. See § 56-1; HB 1021/SB 245.

§ 15.2-1505 amended.
Residency requirements. Extends a sunset clause from July 1, 2002, to July 1, 2004, thereby allowing the Cities of Hopewell and Petersburg to continue using residency as a basis for participation in local police or fire cadet programs or local homesteading programs. HB 1180; CH. 37.

§ 15.2-1512.2 amended.
Deputies, appointees and employees of constitutional officers; political activities. Provides that no locality shall prohibit deputies, appointees and employees of county and city treasurers, sheriffs, attorneys for the Commonwealth, clerks of circuit courts and commissioners of revenue from participating in political activities while off duty, out of uniform and not on the premises of their employment with the locality. Existing law extends this provision to firefighters, emergency medical technicians and law-enforcement officers. HB 1282; CH. 886.

§ 15.2-1534 amended.
Dual office holding by local officers. Allows dual office holding by a part-time assistant attorney for the Commonwealth with the consent of the respective attorneys for the Commonwealth and the Compensation Board. HB 1174; CH. 294.

§ 15.2-1542 amended.
Local government attorney. Allows such attorneys to be paid at an hourly rate and recover reasonable expenses. HB 847; CH. 802 (effective 4/8/02).

§ 15.2-1605.1. See § 17.1-213; SB 153.

§ 15.2-1613.1 added.
Sheriffs' processing fee. Provides that any county or city may by ordinance authorize a sheriff to impose a processing fee not to exceed $25 on any individual admitted to the county, city, or regional jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk and shall be used by the local sheriff's office to defray the costs of processing arrested persons into such jails. SB 406; CH. 840.

§ 15.2-1643 amended.
Courthouses; construction and repair. Requires a panel to determine that a danger to health, welfare, and safety of court employees or the public exists before a judge can issue an order requiring a county or city to construct a new courthouse or to repair or secure an existing courthouse. HB 61; CH. 758.

§ 15.2-1706 amended.
Certification of law-enforcement officers. Extends from July 1, 2001, to July 1, 2003, the date by which all entry level law-enforcement officers, in order to obtain certification, shall successfully complete statewide certification examinations developed and administered by the Department of Criminal Justice Services. HB 1301; CH. 345.

§ 15.2-1716.1. See § 18.2-18; HB 1120/SB 514.

§ 15.2-1717.1 amended.
Designation of police to enforce trespass violations. Grants lessees, custodians, and persons lawfully in charge of real property authority to designate the local law-enforcement agency as a "person lawfully in charge of the property" for the purpose of forbidding another to go or remain upon the property. Current law only gives this authority to owners of real property. HB 1031; CH. 328.

§ 15.2-1720. See § 46.2-100; HB 905.

§ 15.2-1736 amended.
Mutual aid agreements for law enforcement. Allows localities and other law-enforcement entities in noncontiguous localities to enter into mutual aid agreements. The current law requires entities to have contiguous boundaries. HB 566; CH. 709/HB 894; CH. 876/ SB 493; CH. 684.

§ 15.2-1737. See § 22.1-280.2:1; HB 498/SB 295.

§ 15.2-1747 amended.
Regional criminal justice training academies. Authorizes the Division of Capitol Police to become a party to an agreement creating an academy or to join an existing academy. HB 1343; CH. 350.

§ 15.2-1800.1 added.
Localities incurring obligations for school improvement; tenants in common with school boards. Makes the local governing body of a locality a tenant in common with the local school board in instances where the locality has incurred a multi-year financial obligation to fund the acquisition, construction or improvement of public school property. Created by operation of law, such tenancy in common arises when the local governing body incurs the financial obligation, and terminates upon the payment of the obligation in full. No recordation of any deed of conveyance is required by this bill. These provisions shall not confer to the local governing body any additional powers over school board decisions relative to school board property. The bill further allows the local governing body to elect, by resolution, not to acquire tenancy in common to some or all public school property in the locality. The bill provides for an emergency enactment. SB 276; CH. 674 (effective 4/6/02).

§ 15.2-2105.1 added.
Granting franchises for operation of vehicular ferry transportation systems. Provides that the authority of localities for the granting of franchises shall include the authority to grant an exclusive franchise for the operation of a vehicular ferry transportation system in Northumberland County. The locality may regulate such systems, including the establishment of fees and rates. SB 300; CH. 154.

§ 15.2-2110 amended.
Mandatory connection to water and sewage systems. Adds Buckingham County and Halifax County to those counties with authority to require connection to their water and sewage systems by owners of property that may be served by such systems. HB 1189; CH. 295.

§§ 15.2-2117 and 15.2-5114 amended.
Contracting for provision of water and waste services. Provides that localities and water and waste authorities may contract for, and contract to provide, meter reading, billing and collections, leak detection, meter replacement and any related customer service functions. SB 269; CH. 446.

§ 15.2-2118 amended.
Liens for local water and sewer charges; Goochland County. Allows Goochland County to provide that charges for water or sewers or use thereof shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property. HB 225; CH. 193.

§ 15.2-2159 amended.
Solid waste disposal fees; discounts for seniors and disabled. Provides authority for Wise County (described by population) to discount solid waste fees for persons aged 60 years or older and disabled persons based on ability to pay. HB 868; CH. 275.

§ 15.2-2204 amended.
Advertisement of zoning amendments. Amends the existing advertisement requirements for certain zoning amendments to include changes to the applicable zoning ordinance text regulations affecting use or development density. HB 477; CH. 634.

§ 15.2-2241 amended.
Mandatory provisions of subdivision ordinances. Clarifies that "such facilities" refers to facilities specifically mentioned in the statute. HB 124; CH. 517.

§§ 15.2-2242, 15.2-2286, 15.2-2288.1, and 36-98 amended.
Clustering of single-family dwellings so as to preserve open space. Provides that a locality may provide in its zoning or subdivision ordinance standards, conditions and criteria for clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions and criteria, the governing body may include any provisions it determines appropriate to ensure quality development, preservation of open space and compliance with its comprehensive plan and land use ordinances. If proposals for clustering of single-family dwellings and the preservation of open space developments comply with the locality's adopted standards, conditions and criteria, the development and open space preservation shall be permitted by right under the local subdivision ordinance. The implementation and approval of the cluster development and open space preservation shall be done administratively by the locality's staff and without a public hearing. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for such developments. However, any such ordinance may exempt developments of two acres or less. In any instance where the proposed density is greater than the density permitted in the applicable land use ordinance, the locality may continue to require approval of a special exception, special use permit, conditional use permit or rezoning. Localities that currently provide for clustering of simple-family dwellings upon approval of a special exception shall have until July 1, 2004, to comply with the provisions of this bill. HB 346; CH. 703.

§ 15.2-2245 amended.
Release of performance guarantees. Requires that should a governing body, an administrative agency, the Virginia Department of Transportation, or other political subdivision choose to inspect any proposed public facility constructed by a subdivider or developer that is the subject of any performance guarantee required by the governing body or the Virginia Department of Transportation, the inspection shall be based solely upon conformance with the terms and conditions of the performance agreement. HB 1190; CH. 779.

§ 15.2-2260 amended.
Preliminary subdivision plat approval. Provides that once a preliminary subdivision plat is approved, it shall be valid for a period of five years, provided the subdivider (i) submits a final subdivision plot for all or a portion of the property within one year of such approval and (ii) thereafter diligently pursues approval of the final subdivision plot. HB 495; CH. 530.

§ 15.2-2261.1 added.
Notice of zoning amendments. Provides that if the provisions of a recorded plat or final site plan, which was specifically determined by the governing body, and not its designee, to be in accordance with the zoning conditions previously approved, conflict with any underlying zoning conditions of such rezoning approval, the provisions of the recorded plat or final site plan shall control, and the zoning amendment notice requirements of § 15.2-2204 shall be deemed to have been satisfied. HB 1178; CH. 551.

§ 15.2-2286 amended.
Land use applications; delinquent taxes. Includes building permits and erosion and sediment control permits as types of permits that localities may issue subject to payment of delinquent real estate taxes. HB 994; CH. 547.

§§ 15.2-2295 and 36-99.10:1 amended.
Noise attenuation standards. Provides that in addition to subdivision plans, all recorded surveys and final site plans must include a statement giving notice that the property either partially or wholly lies within an airport noise overlay zone. The bill also contains a technical amendment SB 652; CH. 180.

§ 15.2-2304 amended.
Affordable housing. Grants Albemarle County greater flexibility in administration of its affordable dwelling program by placing the County's authority under the broader enabling provisions currently applying only to Fairfax County, Loudoun County and Arlington County. The bill also eliminates the population bracket reference to Loudoun County and inserts a reference by county name. SB 234; CH. 151.

§ 15.2-2307 amended.
Nonconforming use; manufactured housing. Provides that the nonconforming use statute shall not be construed to prevent removal of a valid nonconforming manufactured housing unit from property and replacement of that unit with another comparable manufactured housing unit that meets current HUD standards. Such replacement unit shall retain the valid nonconforming status of the prior unit. HB 1299; CH. 823.

§ 15.2-2308 amended.
Boards of zoning appeals. Allows an alternate member of the board to be appointed for votes in which a regular member will have to abstain. HB 479; CH. 205.

§ 15.2-2308 amended.
Appointment of boards of zoning appeals. Adds localities in the fifteenth circuit to those where the board of zoning appeals may be appointed by the chief judge of the circuit court rather than by the circuit court generally. HB 977; CH. 545.

§ 15.2-2309 amended.
Revocation of special exceptions. Clarifies that a board of zoning appeals may only revoke a special exception that has been granted by the board of zoning appeals, and that a governing body that issues special exceptions may revoke such special exceptions in the same manner as the board of zoning appeals. HB 993; CH. 546.

§ 15.2-2403 amended.
Service districts; property assessment. Provides that any locality imposing a tax pursuant to service district authority may base the tax on the full assessed value of the taxable property within the service district, notwithstanding any special use value assessment of property within the service district for land preservation, provided the owner of such property has given written consent. HB 227; CH. 356/SB 275; CH. 230.

§ 15.2-2403 amended.
Open-space special districts. Allows local governments to create, by ordinance, a service district with the authority to acquire interests in real property in order to preserve open-space land. Currently, such service districts are limited to purchasing development rights that are to be dedicated as easements for conservation and open-space purposes. HB 344; CH. 198.

§ 15.2-2403 amended.
Service districts; nuisance animals. Allows the Town of Front Royal, through its service district, to construct, maintain and operate facilities, equipment and programs as may be necessary or desirable to control, eradicate and prevent the infestation of rats and removal of skunks and the conditions that harbor them. HB 377; CH. 202.

§§ 15.2-2801 and 15.2-2804 amended.
Virginia Indoor Clean Air Act. Prohibits smoking in any part of the interior of any public elementary, intermediate, and secondary school. Present law allows smoking in certain designated areas after student activities have been concluded. HB 939; CH. 283.

§ 15.2-3201 amended.
Moratorium on city annexation and county immunity notices and proceedings. Provides that, beginning July 1, 2004, cities may undertake annexation proceedings and counties may request immunity from annexation when actual appropriations to local governments for law-enforcement expenditures are less than the amount statutorily required. SB 181; CH. 786.

§ 15.2-3306 amended.
Immunity from annexation. Prohibits cities from commencing an annexation under provisions allowing property owner-initiated annexations. Such actions are currently prohibited by the annexation moratorium imposed under § 15.2-3201. HB 349; CH. 199.

§ 15.2-4509 amended.
Transportation district commissions. Provides that the bonds of such commissions shall be filed with the Department of the Treasury's Division of Risk Management rather than the Comptroller. HB 588; CH. 32.

§§ 15.2-4603, 15.2-4608, and 15.2-4616 amended.
Route 28 transportation improvement districts. Allows property to be included in multiple districts, authorizes the Commonwealth Transportation Board to receive and disburse funds from transportation improvement districts under agreements entered into pursuant to the Public Private Transportation Act of 1995, and eliminates the procedure for abolishing districts through petition by owners of land within the districts. HB 735; CH. 770.

§§ 15.2-4901 and 15.2-4903 amended.
Industrial development authorities (IDA). Clarifies that whenever an IDA is given authority to finance through bonds, it may also refinance such bonds. Also, the City of Richmond is given authority to call its IDA an economic development authority. HB 990; CH. 725/SB 432; CH. 680.

§ 15.2-4903 amended.
Economic development authorities. Adds Bedford County to those localities that may choose to refer to their industrial development authority as an economic development authority. SB 492; CH. 169.

§§ 15.2-5509 through 15.2-5515 added.
Southside Virginia Tourism Development Authority. Establishes a tourism development authority for the West Piedmont and the Southside Planning District Commissions. The Authority shall inventory attractions and events and market, promote, expand and develop the tourism industries of these tobacco-producing localities as a whole. The Authority shall have the power to (i) borrow money and to accept contributions, grants and other financial assistance from the United States of America and agencies or instrumentalities thereof, the Commonwealth, or any political subdivision, agency, or public instrumentality of the Commonwealth; (ii) formulate a tourism development and marketing agenda for each locality in the West Piedmont and Southside Planning District Commissions; (iii) receive and expend moneys on behalf of tourism marketing and development; and (iv) coordinate the individual tourism efforts of the localities who choose to be members of the Authority. SB 660; CH. 791.

§§ 15.2-6402, 15.2-6403, 15.2-6405, and 15.2-6409 amended.
Virginia Regional Industrial Facilities Act. Amends the Act by making a number of technical changes and clarifications to provisions related to board vacancies, alternate board members, board meetings, loans, and the issuance and validity of bonds. SB 679; CH. 691.

§§ 15.2-6600 through 15.2-6625 added.
Middle Peninsula Chesapeake Bay Public Access Authority Act. Allows the Counties of Essex, Gloucester, King William, King and Queen, Mathews, Middlesex, and the Towns of West Point, Tappahannock and Urbanna by resolution to declare that there is a need for a public access authority to be created. If an operating agreement is developed for the purpose of establishing or operating a public access authority for any such localities, these localities may form the Middle Peninsula Chesapeake Bay Public Access Authority (Authority). The Authority's duties shall include:
1. Identifying land, either owned by the Commonwealth or private holdings that can be secured for use by the general public as a public access site;
2. Researching and determining ownership of all identified sites;
3. Determining appropriate public use levels of identified access sites;
4. Developing appropriate mechanism for transferring title of Commonwealth or private holdings to the Authority;
5. Developing appropriate acquisition and site management plans for public access usage;
6. Determining what holdings should be sold to advance the mission of the Authority; and
7. Performing other duties required to fulfill the mission of the Authority.
The Authority shall be governed by a board of directors with authority to (i) acquire, establish, construct, enlarge, improve, maintain, equip, operate and regulate any public access site within the territorial limits of the participating political subdivisions; (ii) construct, install, maintain, and operate facilities for managing access sites; (iii) determine fees, rates, and charges for the use of its facilities; (iv) apply for and accept gifts or other financial assistance; (v) appoint, employ or engage such officers and employees as may be necessary or appropriate, and to fix their duties and compensation; (vi) contract with any participating political subdivision for such subdivision to provide legal services, engineering services, depository and investment services; and (vii) borrow money and incur debt. Whenever it shall appear to the Authority that the need for the Authority no longer exists, the Authority, or in the proper case, any such subdivision, may petition the circuit court of a participating political subdivision for the dissolution of the Authority. HB 619; CH. 766.

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