Bill Text: VA HB1016 | 2022 | Regular Session | Prefiled
Bill Title: Local land use approvals; extension of approvals to address the COVID-19 pandemic.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-28 - Stricken from docket by Counties, Cities and Towns (22-Y 0-N) [HB1016 Detail]
Download: Virginia-2022-HB1016-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-2209.1:1 of the Code of Virginia is amended and reenacted as follows:
§15.2-2209.1:1. Extension of approvals to address the COVID-19 pandemic.
A. Notwithstanding any time limits for validity set out in §
15.2-2260 or 15.2-2261, any subdivision plat valid under §15.2-2260 and
outstanding as of July 1, 2020, and any recorded plat or final site plan valid
under §15.2-2261 and outstanding as of July 1, 2020, shall remain valid until
July 1, 2022 2023,
or such later date as may be provided for by the terms of the locality's
approval, local ordinance, resolution, or regulation. Any other plan or permit
associated with such plat or site plan extended by this subsection is similarly
extended for the same time period.
B. Notwithstanding any other provision of this chapter, for
any valid special exception, special use permit, or conditional use permit, or
any modifications thereto, outstanding as of July 1, 2020, any deadline in the
exception permit, or in the local zoning ordinance that requires the landowner
or developer to commence the project or incur significant expenses related to
improvements for the project within a certain time, is extended until July 1, 2022 2023,
or such longer period as may be agreed to by the locality.
C. Notwithstanding any other provision of this chapter, for
any rezoning approved pursuant to §15.2-2297, 15.2-2298, or 15.2-2303 and
valid and outstanding as of July 1, 2020, any proffered condition that requires
the landowner or developer to incur significant expenses upon the occurrence of
an event related to a stage or level of development is extended until July 1, 2022 2023,
or longer as may be agreed to by the locality. However, the extensions in this
subsection do not apply (i) to proffered dedications of land or rights-of-way
pursuant to §15.2-2297, 15.2-2298, or 15.2-2303 or (ii) when completion of the
event related to the stage or level of development has already occurred.
D. The extension of validity provided in subsection A and the extension of deadlines as provided in subsection B will be effective only if any unreleased performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force. However, if the locality has enacted a bonding moratorium or deferral program, the performance bonds and agreements or other financial guarantees of completion may be waived or modified by the locality, in which case the provisions of subsections A and B apply. The landowner or developer must comply with the terms of any bonding moratorium or deferral agreement with the locality in order for the extensions referred to in this subsection to be effective.
