2006 Code of Virginia § 15.2-2303.2 - Proffered cash payments and expenditures

15.2-2303.2. Proffered cash payments and expenditures.

A. The governing body of any locality accepting cash payments voluntarilyproffered on or after July 1, 2005, pursuant to 15.2-2298, 15.2-2303 or15.2-2303.1 shall, within seven years of receiving full payment of all cashproffered pursuant to an approved rezoning application, begin, or cause tobegin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-wayacquisition, (v) surveying, or (vi) utility relocation on the improvementsfor which the cash payments were proffered. A locality that does not complywith the above requirement, or does not begin alternative improvements asprovided for in subsection C, shall forward the amount of the proffered cashpayments to the Commonwealth Transportation Board no later than December 31following the fiscal year in which such forfeiture occurred for directallocation to the secondary system construction program or the urban systemconstruction program for the locality in which the proffered cash paymentswere collected. The funds to which any locality may be entitled under theprovisions of Title 33.1 for construction, improvement, or maintenance ofprimary, secondary, or urban roads shall not be diminished by reason of anyfunds remitted pursuant to this subsection by such locality, regardless ofwhether such contributions are matched by state or federal funds.

B. The governing body of any locality eligible to accept any proffered cashpayments pursuant to 15.2-2298, 15.2-2303 or 15.2-2303.1 shall, for eachfiscal year beginning with the fiscal year 2007, (i) include in its capitalimprovement program created pursuant to 15.2-2239, or as an appendixthereto, the amount of all proffered cash payments received during the mostrecent fiscal year for which a report has been filed pursuant to subsectionD, and (ii) include in its annual capital budget the amount of proffered cashpayments projected to be used for expenditures or appropriated for capitalimprovements in the ensuing year.

C. Regardless of the date of rezoning approval, unless prohibited by theproffer agreement accepted by the governing body of a locality pursuant to 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cashpayments proffered for any road improvement or any transportation improvementthat is incorporated into the capital improvements program as its matchingcontribution under 33.1-23.05. For purposes of this section, "roadimprovement" includes construction of new roads or improvement or expansionof existing roads as required by applicable construction standards of theVirginia Department of Transportation to meet increased demand attributableto new development. For purposes of this section, "transportationimprovement" means any real or personal property acquired, constructed,improved, or used for constructing, improving, or operating any (i) publicmass transit system or (ii) highway, or portion or interchange thereof,including parking facilities located within a district created pursuant tothis title. Such improvements shall include, without limitation, public masstransit systems, public highways, and all buildings, structures, approaches,and facilities thereof and appurtenances thereto, rights-of-way, bridges,tunnels, stations, terminals, and all related equipment and fixtures.

Regardless of the date of rezoning approval, unless prohibited by the profferagreement accepted by the governing body of a locality pursuant to 15.2-2298, 15.2-2303, or 15.2-2303.1, a locality may utilize any cashpayments proffered for capital improvements for alternative improvements ofthe same category within the locality in the vicinity of the improvements forwhich the cash payments were originally made. Prior to utilization of suchcash payments for the alternative improvements, the governing body of thelocality shall give at least 30 days' written notice of the proposedalternative improvements to the entity who paid such cash payment mailed tothe last known address of such entity, or if proffer payment records nolonger exist, then to the original zoning applicant, and conduct a publichearing on such proposal advertised as provided in subsection F of 15.2-1427. The governing body of the locality prior to the use of such cashpayments for alternative improvements shall, following such public hearing,find: (i) the improvements for which the cash payments were proffered cannotoccur in a timely manner; (ii) the alternative improvements are within thevicinity of the proposed improvements for which the cash payments wereproffered; and (iii) the alternative improvements are in the public interest.Notwithstanding the provisions of the Virginia Public Procurement Act, thegoverning body may negotiate and award a contract without competition to anentity that is constructing road improvements pursuant to a proffered zoningcondition in order to expand the scope of the road improvements by utilizingcash proffers of others or other available locally generated funds. The localgoverning body shall adopt a resolution stating the basis for awarding theconstruction contract to extend the scope of the road improvements. All roadimprovements to be included in the state primary or secondary system ofhighways must conform to the adopted standards of the Virginia Department ofTransportation.

D. The governing body of any locality with a population in excess of 3,500persons accepting a cash payment voluntarily proffered pursuant to 15.2-2298, 15.2-2303 or 15.2-2303.1 shall within three months of the close ofeach fiscal year, beginning in fiscal year 2002 and for each fiscal yearthereafter, report to the Commission on Local Government the followinginformation for the preceding fiscal year:

1. The aggregate dollar amount of proffered cash payments collected by thelocality;

2. The estimated aggregate dollar amount of proffered cash payments that havebeen pledged to the locality and which pledges are not conditioned on anyevent other than time; and

3. The total dollar amount of proffered cash payments expended by thelocality, and the aggregate dollar amount expended in each of the followingcategories:

Schools$________
RoadandotherTransportationImprovements$________
FireandRescue/PublicSafety$________
Libraries$________
Parks,Recreation,andOpenSpace$________
WaterandSewerServiceExtension$________
CommunityCenters$________
StormwaterManagement$________
SpecialNeedsHousing$________
AffordableHousing$________
Miscellaneous$________
Totaldollaramountexpended$________

E. The governing body of any locality with a population in excess of 3,500persons eligible to accept any proffered cash payments pursuant to 15.2-2298, 15.2-2303 or 15.2-2303.1 but that did not accept any profferedcash payments during the preceding fiscal year shall within three months ofthe close of each fiscal year, beginning in 2001 and for each fiscal yearthereafter, so notify the Commission on Local Government.

F. The Commission on Local Government shall by November 30, 2001, and byNovember 30 of each fiscal year thereafter, prepare and make available to thepublic and the chairmen of the Senate Local Government Committee and theHouse Counties, Cities and Towns Committee an annual report containing theinformation made available to it pursuant to subsections D and E.

(2001, c. 282; 2003, c. 522; 2005, c. 855; 2006, cc. 583, 872, 882.)