TITLE 15.2. COUNTIES, CITIES AND TOWNS.

§§ 15.2-408, 15.2-3604, and 15.2-3831. See § 24.2-101; SB 1107.

§ 15.2-634.1 added.
County manager form of government; background checks. Provides that as a condition of employment, any applicant in such county who is offered or accepts employment at the county's water treatment facility after September 1, 2001, shall be required to submit to fingerprinting and to provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. If an applicant is denied employment because of the information appearing in his criminal history record, the county shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section. HB 2118; CH. 202 (effective 3/16/03).

§§ 15.2-709.1 and 27-6.2 amended; § 15.2-1505.1 added.
Background checks in localities. Allows localities to require applicants for employment to submit to fingerprinting and to provide information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. If an applicant is denied employment because of information appearing in his criminal history record, the locality shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section. HB 2031; CH. 739.
§ 15.2-717. See § 58.1-3256; HB 2503.

§§ 15.2-729, 15.2-1902, 15.2-1904, 15.2-1905, 15.2-1906, 15.2-2109, 15.2-2115, 15.2-2140, 15.2-2146, 15.2-3221, 15.2-4518, 15.2-5114, 15.2-5343, 15.2-5367, 15.2-5425, 15.2-5807, 15.2-1901.1, and 15.2-1907 through 15.2-1916. See § 25.1-100; SB 1007.

§§ 15.2-901 and 15.2-904 amended.
Disposal of trash or cutting of weeds. Allows localities to prescribe civil and criminal penalties for violations of ordinances related to the disposal of trash and the cutting of grass and weeds. The penalties may be up to $50 for the first violation and up to $200 for subsequent violations within one year of the first violation. Total civil penalties shall not exceed $3,000 in a 12-month period. These penalties are in lieu of criminal penalties, except that localities may prescribe a Class 3 misdemeanor in the event of three civil assessments against the same defendant in a 24-month period. The bill adds these same provisions to the laws authorizing localities to restrict or remove inoperable motor vehicles on residential or commercial property. SB 1066; CH. 829.

§ 15.2-906 amended.
Repair of deteriorating buildings. Allows localities to prescribe civil penalties, not to exceed a total of $1,000, for violations of ordinances related to the repair of deteriorating buildings. HB 2362; CH. 207.

§ 15.2-915 amended.
Control of firearms by local ordinance. Provides that no person may be prosecuted or convicted of a violation of any ordinance regulating the possession, carrying, or transportation of a firearm if he is (i) in possession of the firearm not in violation of any provision of Title 18.2 and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise possessing, carrying, or transporting the firearm in a lawful manner. This provision was formerly limited only to transporting the weapon. The provisions applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility. HB 1516; CH. 943.

§ 15.2-928 amended.
Disposal of trash or cutting of weeds. Allows localities to regulate the times and placement of waste and waste containers set out for collection. The bill requires the locality to notify the owner of the waste or waste container to allow removal prior to imposing a civil penalty. HB 2476; CH. 518.

§ 15.2-953 amended.
Payments to volunteer rescue squads by localities. Provides that a locality may make appropriations of money to volunteer fire companies or rescue squads in an amount sufficient to enroll any qualified member of such volunteer fire company or rescue squad in any program available within the locality intended to defray out-of-pocket expenses for emergency ambulance transportation. HB 1664; CH. 182.

§ 15.2-954.1 added.
Volunteer firefighter and emergency medical technician tuition reimbursement. Provides that any locality may by ordinance establish and administer a tuition reimbursement program for eligible volunteer firefighters or emergency medical services personnel, or both, for the purposes of recruitment and retention. HB 2395; CH. 208.

§ 15.2-961 amended.
Conservation of trees during localities' development. Amends current provisions that allow localities to provide by ordinance for the planting and replacement of trees during the development process. Such tree conservation ordinances shall include provisions for the reduction of tree canopy requirements or the granting of tree cover credit in consideration for the preservation of certain trees. Localities may designate certain types of undesirable trees that shall not be used to meet minimum tree canopy requirements. The bill also provides that the new law does not invalidate 10-year-minimum tree cover standards adopted by cities established before 1780, or 20 minimum tree cover replacement standards adopted by localities after July 1, 1990. SB 1013; CH. 875.

§ 15.2-1104 amended; § 15.2-1201.2 added.
Discount for early payment of taxes. Allows localities to establish discounts for the early payment of taxes. HB 2715; CH. 216.

§ 15.2-1104.1. See § 58.1-3; HB 2525/SB 743.

§ 15.2-1232.1. See § 54.1-4009; HB 2808.

§ 15.2-1308 amended.
Advisory Committee for the Regional Competitiveness Act. Abolishes an advisory committee to the Department of Housing and Community Development known as the Advisory Committee for the Regional Competitiveness Act. The Committee was established in 1996 to develop recommendations for the distribution of funds to be used to encourage and reward regional strategic economic development planning and joint activities. The Committee has not been very active, and the program is not funded for the 2002-2004 biennium. This bill was recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 2429; CH. 77/SB 806; CH. 55.

§ 15.2-1408 amended.
Activities of former local officers and employees. Adds the City of Virginia Beach (described by population) to those localities that may prohibit former officers and employees from providing personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involving the City or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a city officer or employee through decision, approval, or recommendation. HB 1788; CH. 945.

§ 15.2-1433 amended.
Local codification of ordinances. Provides that at least one copy, rather than three copies, of any codification or recodification, and at least one copy, rather than three copies, of every supplement thereto shall be kept in the office of the clerk of the governing body and shall be available for public inspection during normal business hours. HB 2058; CH. 200.

§ 15.2-1503.1 added.
Background checks required for certain local employees or licensees. Provides that certain localities shall require any (i) applicant who is offered or accepts employment with the locality or (ii) prospective licensee for any categories of license designated by ordinance to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's or licensee's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant or licensee. Such applicant or licensee shall pay the cost of the fingerprinting or a criminal records check or both. The Central Criminal Records Exchange, upon receipt of an applicant's or licensee's record or notification that no record exists, shall make a report to the locality. If an applicant is denied employment or a licensee is denied a license because of the information appearing in his criminal history record, the locality shall notify the applicant or licensee that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section. HB 2373; CH. 742.

§ 15.2-1508 amended.
Local employee bonuses. Grants localities greater flexibility in the awarding of bonuses. HB 2270; CH. 204.

§ 15.2-1517 amended.
Local government health insurance programs; volunteer fire and rescue company members. Authorizes any locality that provides a group health insurance program for its officers and employees to allow eligible members of approved volunteer fire or rescue companies, as determined by the locality, to participate in such program, subject to the eligibility criteria established by the locality. A participating volunteer shall pay the full cost of his participation in the health insurance program. HB 1885; CH. 409.

§ 15.2-1613.1 amended.
Jail processing fee. Authorizes the collection of jail processing costs incurred by a regional jail pursuant to a local ordinance. The General Assembly authorized these fees in 2002 applicable to local sheriffs' offices to defray the costs of processing arrested persons. SB 696; CH. 623.

§ 15.2-1713.1 added.
Local "Crime Stoppers" programs. Grants authority for local "Crime Stoppers" programs. Such programs are defined as a private, nonprofit Virginia corporation governed by a civilian volunteer board of directors that is operated on a local or statewide level that (i) offers anonymity to persons providing information to the organization, (ii) accepts and expends donations for cash rewards to persons who report to the organization information about alleged criminal activity and that the organization forwards to the appropriate law-enforcement agency and (iii) is established as a cooperative alliance between the news media, the community, and law-enforcement officials. HB 1752; CH. 754/ SB 1032; CH. 760.

§ 15.2-1716 amended.
Expenses incurred in responding to DUI incident. Expands current provisions allowing reimbursement of expenses incurred in responding to DUI incidents by adding incidents related to other serious traffic offenses such as reckless driving and driving on a suspended license. HB 2505; CH. 796.

§ 15.2-1737. See § 19.2-13; SB 1240.

§ 15.2-1904 amended.
Condemnation; reimbursement of property taxes. Directs localities in condemnation proceedings to reimburse owners of real property, or other person legally obligated to pay the real property taxes, for the pro rata portion of real property taxes paid for the period of time subsequent to the date of title vesting in the locality or the effective date of possession of such real property by the locality, whichever is earlier. SB 990; CH. 680.

§§ 15.2-2108.2 through 15.2-2108.17. See § 56-265.4:4; SB 875.

§ 15.2-2110 amended.
Mandatory connection to water and sewage systems in certain counties. Adds Wythe County to the list of counties that may require mandatory connection to their water and sewage systems by certain owners of property that may be served by such systems, but that may not charge a nonuser service charge. HB 2702; CH. 215.

§ 15.2-2110 amended.
Mandatory connection to water and sewage systems in certain counties. Adds Bland County to the list of counties that may require mandatory connection to their water and sewage systems by owners of property that may be served by such systems and further provides that Bland County, in assuming the obligations of a public service authority, may assume such obligations under the same conditions as applicable to the public service authority. SB 1168; CH. 167.

§ 15.2-2114 amended.
Regulation of stormwater. Allows localities to provide full or partial waivers of stormwater storm drainage and facilities fees to any person who develops, redevelops or retrofits outfalls, discharges or property so that there is a permanent reduction in post-development stormwater flow and pollutant loading. Under current law, such waivers are available only to persons who have obtained permits from the Department of Environmental Quality (DEQ) for complete private maintenance of storm drainage and stormwater facilities. Such permits apply only to city and county stormwater systems serving more than 100,000 people, or to companies that have stormwater discharges entering streams directly from industrial facilities. This bill is intended to provide more flexibility to localities in encouraging development that reduces stormwater drainage in instances that are not currently subject to DEQ permitting requirements. SB 1193; CH. 390.

§ 15.2-2118 amended.
Water and sewer charges. Adds the City of Roanoke to the list of localities that may by ordinance provide that taxes or charges imposed for water or sewers or use thereof within or outside the locality shall be a lien on the real estate served by such waterline or sewer. HB 1876; CH. 191.

§ 15.2-2159 amended.
Fees for solid waste disposal. Restates a population bracket, originally intended to apply to Accomack County, based on 2000 census figures. The existing language authorizes certain counties to impose fees related to the disposal of solid waste. Accomack County is also granted additional authority related to charging and collecting the fee, such as fee prorating, late penalties, and discounts. HB 1992; CH. 48/SB 1075; CH. 25.

§ 15.2-2160. See § 56-265.4:4; HB 2721.

§ 15.2-2209 amended.
Civil penalties for zoning violations. Raises the maximum civil penalty for second and subsequent violations of the zoning ordinance from $150 to $250. The civil penalty for an initial summons remains unchanged at $100. Also, a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $5,000, rather than the current total of $3,000. HB 1888; CH. 192.

§§ 15.2-2214 and 15.2-2309 amended.
Meetings of the planning commission and board of zoning appeals. Provides that the planning commission and board of zoning appeals may by resolution fix the day to which any meeting shall be continued if weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting shall be conducted at the continued meeting and no further advertisement is required. This authority is similar to that which currently exists for local governing bodies. HB 1679; CH. 403.

§ 15.2-2223 amended.
Comprehensive plan; affordable housing. Requires localities, as part of their comprehensive plan, to designate areas and implement measures for the construction, rehabilitation and maintenance of affordable housing, that is sufficient to meet the current and future needs of residents of all levels of income in the locality. HB 2406; CH. 811.

§ 15.2-2254 amended.
Compliance with subdivision ordinance. Clarifies that in addition to fines of up to $500 for each lot or parcel of land that is subdivided, transferred or sold in violation of certain provisions of the subdivision ordinance, the owner shall continue to be required to comply with all provisions of the subdivision ordinance. HB 1805; CH. 408.

§ 15.2-2259 amended.
Plat approval. Requires the planning commission to make a good faith effort to identify all deficiencies in a plat that cause disapproval and identify all modifications or corrections as will permit approval of the plat. The local planning commission shall act on any previously disapproved plat within 45 days of resubmittal. A circuit court petition pursuant to this section shall be given first priority on the civil docket. HB 2509; CH. 716.

§ 15.2-2303.2 amended.
Disclosure of proffered cash payments and expenditures by localities. Excludes localities with a population of 3,500 or less from certain reporting requirements related to cash proffers. Also, localities will be required to break down reported information by category. HB 2600; CH. 522.

§ 15.2-2307 amended.
Replacement of manufactured housing. Amends the existing statute related to replacement of nonconforming manufactured housing to provide that either the landowner or the homeowner may remove such nonconforming home and replace it with another comparable manufactured home. In a mobile or manufactured home park, a single-section home may replace a single-section home, and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single or multi-section, that meets the current HUD manufactured housing code. HB 1821; CH. 189.

§ 15.2-2307 amended.
Removal of abandoned nonconforming signs. Provides that a locality may order the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. HB 2473; CH. 53/ SB 820; CH. 21.

§ 15.2-2314 amended.
Board of zoning appeals. Provides that in the case of an appeal from the board of zoning appeals to the circuit court, from an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, the decision of the board shall be presumed correct. The appealing party may rebut the presumption by proving by a preponderance of evidence that the board erred in its decision. Current case law provides that a decision of the board is presumed to be correct and can be reversed or modified only if the trial court determines that the board applied erroneous principles of law or was plainly wrong and in violation of the purposes and intent of the zoning ordinance. The bill further provides that in the case of an appeal from any decision of the board that denied an application for a variance or an application for a special exception, there shall be a presumption that the decision of the board is correct, but the petitioner may rebut that presumption by showing to the satisfaction of the court that the board applied erroneous principles of law, or where the discretion of the board is involved, that the decision was plainly wrong and in violation of the purpose and intent of the zoning ordinance. SB 967; CH. 568.

§ 15.2-2403 amended.
Service districts. Expands the power of service districts to include the control of insects that may carry diseases that are dangerous to humans. HB 1881; CH. 493.

§ 15.2-2413 amended.
Installment payment of assessments for local improvements; interest. Clarifies that such interest rate shall not exceed the index of average yield on U.S. Treasury securities adjusted to a constant maturity of one year. HB 1974; CH. 198.

§§ 15.2-2650 and 15.2-2651 amended.
Public Finance Act; applicability. Provides that the provisions of the Public Finance Act apply to all suits, actions and proceedings involving the validity of bonds of any "instrumentality" of localities. The Act currently applies to any agency or instrumentality of the Commonwealth, but not of localities. SB 982; CH. 570.

§ 15.2-2656 amended.
Public Finance Act; appeals from bond validation proceedings. Allows appeals from circuit court bond validation proceedings if a notice of appeal is filed with the circuit court within 15 days of the final judgment and if a petition is filed with the Supreme Court of Virginia within 30 days of the final judgment. Currently, a petition must be filed with the Court within 15 days of the final judgment. The bill shifts the burden from appellant to the clerk of the circuit court for transmitting a certified copy of the circuit court record to the Supreme Court of Virginia within 30 days of the final judgment when a notice of appeal is properly filed. The bill clarifies that failure of the clerk to do so will not affect the jurisdiction of the Supreme Court to hear the appeal. SB 981; CH. 679.

§ 15.2-2704 amended.
Local government group self-insurance pools. Corrects a reference to State Corporation Commission regulations regarding the investment of a group self-insurance pool's assets. The existing reference to regulations for group self-insurance workers' compensation plans is outdated, as the Commission promulgated specific regulations concerning the investment of local government self-insurance pools in 1987. SB 850; CH. 566.

§§ 2.2-203, 15.2-2901, 15.2-3400, and 36-139 amended; § 36-132.1 added.
Duties of the Commission on Local Government. Transfers the Commission on Local Government to the Department of Housing and Community Development and provides that the Director of the Department shall serve as the Executive Director of the Commission. Also, provisions related to certain voluntary agreements between localities are amended to clarify that such agreements shall be binding on future local governing bodies. HB 1967; CH. 197.

§ 15.2-3232 amended.
Notice of annexation. In addition to current advertisement requirements, provides that at least 10 days' written notice be given to the owner or agent of each parcel subject to a proposed annexation under an agreement defining annexation rights. HB 1375; CH. 173.

§ 15.2-3400 amended.
Voluntary settlements among local governments; acceptance of proffers. Allows certain localities to include provisions for the acceptance of proffered conditions on behalf of other localities pursuant to voluntary settlement agreements. HB 2694; CH. 444/SB 1295; CH. 583.

§ 15.2-4217.1 added; §§ 2.2-2644 through 2.2-2647 repealed.
Specialized Transportation Council. Abolishes the Specialized Transportation Council and its Specialized Transportation Technical Advisory Committee. The purpose of the Council was to support the development of transportation services for elderly and disabled Virginians. The Council and the Disability Commission currently share several commonalities including staffing, chairmanship, and focus. The bill requires the Commission to make transportation issues a top priority on its agenda and transfers the administration of the Specialized Transportation Incentive Fund from the Council to the Commission. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities. SB 807; CH. 454.

§ 15.2-4903 amended.
Economic development authorities. Adds the counties of Charles City, Greene, New Kent, and Patrick to those localities that may choose to refer to their industrial development authority as an economic development authority. HB 1738; CH. 350.

§§ 15.2-4903 and 15.2-4904 amended.
Economic development authorities. Provides that the authority jointly created by the Town of South Boston and Halifax County may be named the Economic Development Authority of Halifax, Virginia, and specifies how appointments to such authority are to be made. HB 2104; CH. 357.

§ 15.2-4903 amended.
Economic development authorities. Adds New Kent County to those localities that may choose to refer to their industrial development authority as an economic development authority. SB 823; CH. 159.

§ 15.2-4903 amended.
Economic development authorities. Adds Patrick County to those localities that may choose to refer to their industrial development authority as an economic development authority. SB 1018; CH. 343.

§ 15.2-4903 amended.
Economic development authorities. Adds Greene County to those localities that may choose to refer to their industrial development authority as an economic development authority. SB 1047; CH. 345.

§ 15.2-4904 amended.
Industrial development authorities; Russell County. Allows Russell County to appoint nine members to its industrial development authority, rather than seven, with two of the members coming from a town that has used its borrowing capacity to borrow two million dollars or more for industrial development. SB 1244; CH. 347.

§§ 15.2-4908 and 15.2-6612. See § 8.1-101; HB 1778.

§ 15.2-4908 amended.
Industrial development authorities; bonds. Clarifies the role of the board of directors in approving the terms of bonds. SB 1291; CH. 683.

§§ 15.2-5152 and 15.2-5155 amended.
Community development authorities. Declares that a community development authority is a public body and corporate and political subdivision of the Commonwealth. HB 2423; CH. 712.

§ 15.2-5153 amended.
Community development authority. Reduces the minimum tract acreage size from 3000 to 250 acres for certain counties with a population of less than 50,000 that want to create a community development authority. HB 2642; CH. 443.

§§ 15.2-5431.1 through 15.2-5431.37 added.
Virginia Wireless Service Authorities Act. Authorizes any locality to create a wireless service authority, which may provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56. The authority shall have many of the powers typically granted to authorities, including the issuance of revenue bonds. HB 2164; CH. 643.

§§ 15.2-6100 through 15.2-6110 repealed.
Southside Virginia Development Authority. Abolishes the Southside Virginia Development Authority. The Authority was established in 1992 to enhance the economic development of the Southside region of the Commonwealth and to provide financial support for the purchase of real estate construction of buildings, the installation of utilities, and other improvements. The Authority is not currently funded, and the Board has not met since its organizational meeting. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 765; CH. 158.

§ 15.2-6302 amended.
Development of former federal areas. Allows an authority created from a former federal area to change the name of the authority from the name chosen by the Governor. HB 1851; CH. 246.

§§ 15.2-6400 and 15.2-6405 amended.
Virginia Regional Industrial Facilities Act. Redefines "facility" to include any structure or park, including real estate and improvements for manufacturing, warehousing, distribution, office, or other industrial or commercial purposes. Currently, the Act limits "facility" to industrial parks used for these purposes. The bill also grants such authorities the power to enter into certain cooperative arrangements. SB 973; CH. 874.

§§ 15.2-6700 through 15.2-6704 added.
Buchanan County Tourist Train Development Authority. Creates the Authority and its board, which will consist of two representatives from the governing body of Buchanan County, five citizen members, three of whom shall be from Buchanan County, and one legislator. The Authority's powers are similar to those that other authorities possess. The Authority may also cooperate with any private or governmental entity in the state of West Virginia, Kentucky, Tennessee, or North Carolina in the development of a tourist train. SB 1174; CH. 577.

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