§ 30-1170.3. Proffered conditions.  


Latest version.
  • (a)

    Criteria. All conditions proffered pursuant to this division shall meet the following criteria:

    (1)

    The rezoning itself must give rise to the need for the conditions.

    (2)

    The conditions shall have a reasonable relation to the rezoning.

    (3)

    The conditions shall be in conformity with the master plan for the City.

    (4)

    The conditions shall not impose upon the applicant the requirement to create a property owners' association under the Property Owner's Association Act, Code of Virginia, § 55-508 et seq., which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the City.

    (5)

    The conditions shall not be less restrictive than the sections of this chapter and shall not require or permit a standard that is less than required by any applicable law.

    (6)

    The conditions shall be drafted in such manner as to be clearly understandable and enforceable.

    (b)

    Conditions involving dedication of real property or payment of cash. If proffered conditions include the dedication of real property or the payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the Capital Improvement Program, provided the City Council may accept proffered conditions which are not normally included in the Capital Improvement Program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment if the property or cash payment is not used for the purpose for which proffered.

    (Code 1993, § 32-1170.3; Code 2004, § 114-1170.3)

(Code 1993, § 32-1170.3; Code 2004, § 114-1170.3)