Bill Text: VA SB994 | 2015 | Regular Session | Comm Sub
Bill Title: Single-family dwellings; locality required to set standards for clustering.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-03 - Passed by indefinitely in Local Government (13-Y 0-N) [SB994 Detail]
Download: Virginia-2015-SB994-Comm_Sub.html
15104674D
Be it enacted by the General Assembly of Virginia: 1. That §15.2-2286.1 of the Code of Virginia is amended and reenacted as follows: §15.2-2286.1. Provisions for clustering of single-family dwellings so as to preserve open space. A. The provisions of this section shall apply to any county or city that had a population growth rate of 10% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. However, the requirements of this section shall not apply to any such county or city that has a population density of more than 2,000 people per square mile, according to the most recent report of the United States Bureau of the Census. B. Any such locality shall provide in its zoning or subdivision ordinances, applicable to a minimum of 40% of the unimproved land contained in residential and agricultural zoning district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the governing body may, in its discretion, include any provisions it determines appropriate to ensure quality development, preservation of open space, and compliance with its comprehensive plan and land use ordinances. A cluster development is otherwise subject to applicable land use ordinances of the locality; however, the locality shall not impose more stringent land use requirements for such cluster development. The locality shall not prohibit extension of water or sewer from an adjacent property to a cluster development provided the cluster development is located within an area designated for water and sewer service by a county, city, or town or public service authority. For purposes of this section, "open space" or "conservation areas" shall mean the same as "open-space land" in §10.1-1700. For any
The density calculation of the cluster development shall be based upon the same criteria for the property as would otherwise be permitted by applicable land use ordinances. As a locality provides for the clustering of single-family dwellings and the preservation of open space developments, it may vary provisions for such developments for each different residential zoning classification within the locality. For purposes of this section, "unimproved land" shall not include land owned or controlled by the locality, the Commonwealth or the federal government, or any instrumentality thereof or land subject to a conservation easement. If proposals for the clustering of single-family dwellings and
the preservation of open space developments comply with the locality's adopted
standards, conditions, and criteria, the development and open space
preservation shall be permitted by right under the local subdivision ordinance.
The implementation and approval of the cluster development and open space
preservation shall be done administratively by the locality's staff and without
a public hearing. No local ordinance shall require that a special exception,
special use, or conditional use permit be obtained for such developments.
However, any such ordinance may exempt C. Additionally, a locality may, at its option, provide for the clustering of single-family dwellings and the preservation of open space at a density calculation greater than the density permitted in the applicable land use ordinance. To implement and approve such increased density development, the locality may, at its option, (i) establish and provide, in its zoning or subdivision ordinances, standards, conditions, and criteria for such development, and if the proposed development complies with those standards, conditions, and criteria, it shall be permitted by right and approved administratively by the locality's staff in the same manner provided in subsection A, or (ii) approve the increased density development upon approval of a special exception, special use permit, conditional use permit, or rezoning. D. Notwithstanding any of the requirements of this section to the contrary, any local government land use ordinance in effect as of June 1, 2004, that provides for the clustering of single-family dwellings and preservation of open space development by right in at least one residential zoning classification without requiring either a special exception, special use permit, conditional use permit, or other discretionary approval may remain in effect at the option of the locality and will be deemed to be in compliance with this section. Any other locality may adopt provisions for the clustering of single-family dwellings, following the procedures set out in this section, in its discretion. |