HB 770 Conditional zoning; provisions applicable to all rezoning proffers, definitions.
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Summary as passed House: (all summaries)

Conditional zoning. Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for.  An off-site proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility, such that, (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment, and (b) each such new residential development or new residential use applied for receives a direct  and material benefit from a proffer made with respect to any such public facility improvements.  In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. The bill also provides that certain conditional rezoning proffers related to building materials, finishes, methods of construction, or design features on a new residential development are prohibited.

Full text:
01/12/16  House: Prefiled and ordered printed; offered 01/13/16 16103862D  pdf | impact statement
01/29/16  House: Committee substitute printed 16104806D-H1  pdf
02/03/16  House: Printed as engrossed 16104806D-EH1  pdf | impact statement

Amendments:
House amendments

Status:
01/12/16  House: Prefiled and ordered printed; offered 01/13/16 16103862D
01/12/16  House: Referred to Committee on Counties, Cities and Towns
01/21/16  House: Assigned CC & T sub: Subcommittee #2
01/27/16  House: Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
01/29/16  House: Reported from Counties, Cities and Towns with substitute (19-Y 2-N)
01/29/16  House: Committee substitute printed 16104806D-H1
02/01/16  House: Read first time
02/02/16  House: Passed by for the day
02/03/16  House: Read second time
02/03/16  House: Committee substitute agreed to 16104806D-H1
02/03/16  House: Amendment by Delegate Dudenhefer agreed to
02/03/16  House: Engrossed by House - committee substitute with amendment HB770EH1
02/03/16  House: Printed as engrossed 16104806D-EH1
02/04/16  House: Read third time and passed House (68-Y 27-N 2-A)
02/04/16  House: VOTE: PASSAGE (68-Y 27-N 2-A)
02/05/16  Senate: Constitutional reading dispensed
02/05/16  Senate: Referred to Committee on Local Government
03/01/16  Senate: Stricken from docket by Local Government (12-Y 0-N)