2006 Code of Virginia § 15.2-2303.1 - Development agreements in certain counties

15.2-2303.1. Development agreements in certain counties.

A. In order to promote the public health, safety and welfare and to encourageeconomic development consistent with careful planning, any county with apopulation between 10,300 and 11,000 according to the 1990 United StatesCensus through which an interstate highway passes may include in its zoningordinance provisions for the governing body to enter into binding developmentagreements with any persons owning legal or equitable interests in realproperty in the county if the property to be developed contains at least onethousand acres.

B. Any such agreements shall be for the purpose of stimulating andfacilitating economic growth in the county; shall not be inconsistent withthe comprehensive plan at the time of the agreement's adoption, except as mayhave been authorized by existing zoning ordinances; and shall not authorizeany use or condition inconsistent with the zoning ordinance or otherordinances in effect at the time the agreement is made, except as may beauthorized by a variance, special exception or similar authorization. Theagreement shall be authorized by ordinance, shall be for a term not to exceedfifteen years, and may be renewed by mutual agreement of the parties forsuccessive terms of not more than ten years each. It may provide, among otherthings, for uses; the density or intensity of uses; the maximum height, size,setback and/or location of buildings; the number of parking spaces required;the location of streets and other public improvements; the measures requiredto control stormwater; the phasing or timing of construction or development;or any other land use matters. It may authorize the property owner totransfer to the county land, public improvements, money or anything of valueto further the purposes of the agreement or other public purposes set forthin the county's comprehensive plan, but not as a condition to obtaining anypermitted use or zoning. The development agreement shall not run with theland except to the extent provided therein, and the agreement may be amendedor canceled in whole or in part by the mutual consent of the parties theretoor their successors in interest and assigns.

C. If, pursuant to the agreement, a property owner who is a party thereto andis not in breach thereof, (i) dedicates or is required to dedicate realproperty to the county, the Commonwealth or any other political subdivisionor to the federal government or any agency thereof, (ii) makes or is requiredto make cash payments to the county, the Commonwealth or any other politicalsubdivision or to the federal government or any agency thereof, or (iii)makes or is required to make public improvements for the county, theCommonwealth or any other political subdivision or for the federal governmentor any agency thereof, such dedication, payment or construction thereforshall vest the property owner's rights under the agreement. If a propertyowner's rights have vested, neither any amendment to the zoning map for thesubject property nor any amendment to the text of the zoning ordinance withrespect to the zoning district applicable to the property which eliminates orrestricts, reduces, or modifies the use; the density or intensity of uses;the maximum height, size, setback or location of buildings; the number ofparking spaces required; the location of streets and other publicimprovements; the measures required to control stormwater; the phasing ortiming of construction or development; or any other land use or other mattersprovided for in such agreement shall be effective with respect to suchproperty during the term of the agreement unless there has been a mistake,fraud or change in circumstances substantially affecting the public health,safety or welfare.

D. Nothing in this section shall be construed to preclude, limit or alter thevesting of rights in accordance with existing law; authorize the impairmentof such rights; or invalidate any similar agreements entered into pursuant toexisting law.

(1997, c. 738, 15.1-491.001.)