§ 15.2-4405. Creation of districts of local significance.
A. A participating locality shall have the authority to create agricultural,forestal, or agricultural and forestal districts of local significance by theadoption of a general ordinance establishing a local districts programaccording to the provisions of this chapter.
B. In participating localities where such an ordinance has been adopted bythe local governing body, any owner or owners of land may submit anapplication pursuant to § 15.2-4403 to the locality for the creation of anagricultural, forestal, or an agricultural and forestal district of localsignificance within such locality. Each individual district of localsignificance shall have a core of no less than the minimum acreage specifiedin the general ordinance, which minimum acreage in no case shall be less than20 acres in one parcel or contiguous parcels, provided that (i) anynoncontiguous parcel that is not part of the core may be included in adistrict of local significance if the nearest boundary of such noncontiguousparcel is within one-quarter of a mile of the core and (ii) suchnoncontiguous parcel had previously been included in a district of localsignificance. No owner of land shall be included in any agricultural,forestal, or agricultural and forestal district of local significance withoutthe owner's written approval. A separate application may be made by any owneror owners of land for additional contiguous qualifying lands, ornoncontiguous lands that meet the conditions of clauses (i) and (ii), to beincluded in an already created district at any time following such creation.
C. Upon receipt of a proposal for a district of local significance, the localgoverning body shall refer the proposal to the planning commission whichshall:
1. Provide notice of the proposal by publishing a notice in a newspaperhaving general circulation within the proposed district and by posting suchnotice in three conspicuous places within the jurisdiction in which theproposed district is located. The notice shall state that an application foran agricultural, forestal, or agricultural and forestal district of localsignificance has been submitted to the local governing body, that a copy ofthe application is on file open to public inspection in the office of theclerk, that any proposals for modifications of the district shall be filedwithin 30 days, that any owner included in the proposal may withdraw hisland, in whole or in part, at any time until the local governing body makes afinal decision as to the constitution of the district pursuant to subsectionD, and that hearing dates of the planning commission and local governing bodyshall be published and posted within 30 days.
2. Refer such proposal and modifications to the advisory committee.
D. Within one year of the date of filing of the application for such originalproposal, the proposal: shall be reviewed by (i) the advisory committee,which shall report to the local planning commission its recommendationsconcerning the proposal and proposed modifications; (ii) the planningcommission, which, after receiving the report of the advisory committee,shall hold a public hearing as prescribed in subsection E, and shall reportits recommendations concerning the proposal and proposed modifications to thelocal governing body; and (iii) the local governing body, which, afterreceiving the report of the local planning commission and the advisorycommittee, shall hold a public hearing as prescribed below, and may createthe district or any modification of the district by the adoption of adistrict ordinance as described in subsection E, or reject the creation of adistrict as it deems appropriate. All districts shall meet the minimumrequirements set forth in the participating locality's general ordinance forthe creation of districts of local significance.
E. Public hearings required to be held by the planning commission and localgoverning body shall be conducted in the following manner:
1. The hearing as prescribed by law shall be held where the local governingbody usually meets or at a place otherwise readily accessible to the proposeddistrict;
2. The notice of the public hearing as prescribed by law shall contain adescription of the proposed district, any proposed modifications and anyrecommendations of the local planning commission or the advisory committee;and
3. The notice shall be published in a newspaper having a general circulationwithin the proposed district and shall be given in writing complete withproposed modifications to those municipalities whose territory encompasses oris part of the proposed district.
F. The general ordinance establishing the program to create agricultural,forestal, or agricultural and forestal districts of local significance shallstate the criteria which shall be considered by the advisory committee andthe local planning commission in advising the local governing body and by thelocal governing body in making its decision on whether or not to create adistrict. These criteria shall be based on and consistent with the followingfactors:
1. The agricultural and forestal significance within the proposed districtand in areas adjacent thereto;
2. The presence of any significant agricultural lands or significant forestallands within the proposed district and adjacent thereto that are not now inactive farming or production;
3. The nature and extent of land uses other than active farming or forestrywithin the proposed district and adjacent thereto;
4. Local developmental patterns and needs including zoning and thecomprehensive plan;
5. The scenic and historic features of land uses within the proposed districtand adjacent thereto;
6. The environmental benefits of preserving the lands in the district intheir existing use; and
7. Any other matter which may be relevant.
In judging significance, any relevant agricultural and forest maps may beconsidered as well as soil, climate, topography, quality of tree cover, othernatural factors, markets for farm and forest products, the extent and natureof farm and forest improvements, evidence of commitment to long-term farm andforest use, anticipated trends in agricultural and forest economic conditionsand technology, and such other factors as may be relevant. Criteria forjudging the significance of lands in local agricultural and forestaldistricts to be created pursuant to this chapter may differ from those forjudging the significance of lands in statewide districts to be createdpursuant to Chapter 43 (§ 15.2-4300 et seq.).
(1982, c. 374, § 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653.)
§ 15.2-4405. Creation of districts of local significance.
A. A participating locality shall have the authority to create agricultural,forestal, or agricultural and forestal districts of local significance by theadoption of a general ordinance establishing a local districts programaccording to the provisions of this chapter.
B. In participating localities where such an ordinance has been adopted bythe local governing body, any owner or owners of land may submit anapplication pursuant to § 15.2-4403 to the locality for the creation of anagricultural, forestal, or an agricultural and forestal district of localsignificance within such locality. Each individual district of localsignificance shall have a core of no less than the minimum acreage specifiedin the general ordinance, which minimum acreage in no case shall be less than20 acres in one parcel or contiguous parcels, provided that (i) anynoncontiguous parcel that is not part of the core may be included in adistrict of local significance if the nearest boundary of such noncontiguousparcel is within one-quarter of a mile of the core and (ii) suchnoncontiguous parcel had previously been included in a district of localsignificance. No owner of land shall be included in any agricultural,forestal, or agricultural and forestal district of local significance withoutthe owner's written approval. A separate application may be made by any owneror owners of land for additional contiguous qualifying lands, ornoncontiguous lands that meet the conditions of clauses (i) and (ii), to beincluded in an already created district at any time following such creation.
C. Upon receipt of a proposal for a district of local significance, the localgoverning body shall refer the proposal to the planning commission whichshall:
1. Provide notice of the proposal by publishing a notice in a newspaperhaving general circulation within the proposed district and by posting suchnotice in three conspicuous places within the jurisdiction in which theproposed district is located. The notice shall state that an application foran agricultural, forestal, or agricultural and forestal district of localsignificance has been submitted to the local governing body, that a copy ofthe application is on file open to public inspection in the office of theclerk, that any proposals for modifications of the district shall be filedwithin 30 days, that any owner included in the proposal may withdraw hisland, in whole or in part, at any time until the local governing body makes afinal decision as to the constitution of the district pursuant to subsectionD, and that hearing dates of the planning commission and local governing bodyshall be published and posted within 30 days.
2. Refer such proposal and modifications to the advisory committee.
D. Within one year of the date of filing of the application for such originalproposal, the proposal: shall be reviewed by (i) the advisory committee,which shall report to the local planning commission its recommendationsconcerning the proposal and proposed modifications; (ii) the planningcommission, which, after receiving the report of the advisory committee,shall hold a public hearing as prescribed in subsection E, and shall reportits recommendations concerning the proposal and proposed modifications to thelocal governing body; and (iii) the local governing body, which, afterreceiving the report of the local planning commission and the advisorycommittee, shall hold a public hearing as prescribed below, and may createthe district or any modification of the district by the adoption of adistrict ordinance as described in subsection E, or reject the creation of adistrict as it deems appropriate. All districts shall meet the minimumrequirements set forth in the participating locality's general ordinance forthe creation of districts of local significance.
E. Public hearings required to be held by the planning commission and localgoverning body shall be conducted in the following manner:
1. The hearing as prescribed by law shall be held where the local governingbody usually meets or at a place otherwise readily accessible to the proposeddistrict;
2. The notice of the public hearing as prescribed by law shall contain adescription of the proposed district, any proposed modifications and anyrecommendations of the local planning commission or the advisory committee;and
3. The notice shall be published in a newspaper having a general circulationwithin the proposed district and shall be given in writing complete withproposed modifications to those municipalities whose territory encompasses oris part of the proposed district.
F. The general ordinance establishing the program to create agricultural,forestal, or agricultural and forestal districts of local significance shallstate the criteria which shall be considered by the advisory committee andthe local planning commission in advising the local governing body and by thelocal governing body in making its decision on whether or not to create adistrict. These criteria shall be based on and consistent with the followingfactors:
1. The agricultural and forestal significance within the proposed districtand in areas adjacent thereto;
2. The presence of any significant agricultural lands or significant forestallands within the proposed district and adjacent thereto that are not now inactive farming or production;
3. The nature and extent of land uses other than active farming or forestrywithin the proposed district and adjacent thereto;
4. Local developmental patterns and needs including zoning and thecomprehensive plan;
5. The scenic and historic features of land uses within the proposed districtand adjacent thereto;
6. The environmental benefits of preserving the lands in the district intheir existing use; and
7. Any other matter which may be relevant.
In judging significance, any relevant agricultural and forest maps may beconsidered as well as soil, climate, topography, quality of tree cover, othernatural factors, markets for farm and forest products, the extent and natureof farm and forest improvements, evidence of commitment to long-term farm andforest use, anticipated trends in agricultural and forest economic conditionsand technology, and such other factors as may be relevant. Criteria forjudging the significance of lands in local agricultural and forestaldistricts to be created pursuant to this chapter may differ from those forjudging the significance of lands in statewide districts to be createdpursuant to Chapter 43 (§ 15.2-4300 et seq.).
(1982, c. 374, § 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653.)
§ 15.2-4405. Creation of districts of local significance.
A. A participating locality shall have the authority to create agricultural,forestal, or agricultural and forestal districts of local significance by theadoption of a general ordinance establishing a local districts programaccording to the provisions of this chapter.
B. In participating localities where such an ordinance has been adopted bythe local governing body, any owner or owners of land may submit anapplication pursuant to § 15.2-4403 to the locality for the creation of anagricultural, forestal, or an agricultural and forestal district of localsignificance within such locality. Each individual district of localsignificance shall have a core of no less than the minimum acreage specifiedin the general ordinance, which minimum acreage in no case shall be less than20 acres in one parcel or contiguous parcels, provided that (i) anynoncontiguous parcel that is not part of the core may be included in adistrict of local significance if the nearest boundary of such noncontiguousparcel is within one-quarter of a mile of the core and (ii) suchnoncontiguous parcel had previously been included in a district of localsignificance. No owner of land shall be included in any agricultural,forestal, or agricultural and forestal district of local significance withoutthe owner's written approval. A separate application may be made by any owneror owners of land for additional contiguous qualifying lands, ornoncontiguous lands that meet the conditions of clauses (i) and (ii), to beincluded in an already created district at any time following such creation.
C. Upon receipt of a proposal for a district of local significance, the localgoverning body shall refer the proposal to the planning commission whichshall:
1. Provide notice of the proposal by publishing a notice in a newspaperhaving general circulation within the proposed district and by posting suchnotice in three conspicuous places within the jurisdiction in which theproposed district is located. The notice shall state that an application foran agricultural, forestal, or agricultural and forestal district of localsignificance has been submitted to the local governing body, that a copy ofthe application is on file open to public inspection in the office of theclerk, that any proposals for modifications of the district shall be filedwithin 30 days, that any owner included in the proposal may withdraw hisland, in whole or in part, at any time until the local governing body makes afinal decision as to the constitution of the district pursuant to subsectionD, and that hearing dates of the planning commission and local governing bodyshall be published and posted within 30 days.
2. Refer such proposal and modifications to the advisory committee.
D. Within one year of the date of filing of the application for such originalproposal, the proposal: shall be reviewed by (i) the advisory committee,which shall report to the local planning commission its recommendationsconcerning the proposal and proposed modifications; (ii) the planningcommission, which, after receiving the report of the advisory committee,shall hold a public hearing as prescribed in subsection E, and shall reportits recommendations concerning the proposal and proposed modifications to thelocal governing body; and (iii) the local governing body, which, afterreceiving the report of the local planning commission and the advisorycommittee, shall hold a public hearing as prescribed below, and may createthe district or any modification of the district by the adoption of adistrict ordinance as described in subsection E, or reject the creation of adistrict as it deems appropriate. All districts shall meet the minimumrequirements set forth in the participating locality's general ordinance forthe creation of districts of local significance.
E. Public hearings required to be held by the planning commission and localgoverning body shall be conducted in the following manner:
1. The hearing as prescribed by law shall be held where the local governingbody usually meets or at a place otherwise readily accessible to the proposeddistrict;
2. The notice of the public hearing as prescribed by law shall contain adescription of the proposed district, any proposed modifications and anyrecommendations of the local planning commission or the advisory committee;and
3. The notice shall be published in a newspaper having a general circulationwithin the proposed district and shall be given in writing complete withproposed modifications to those municipalities whose territory encompasses oris part of the proposed district.
F. The general ordinance establishing the program to create agricultural,forestal, or agricultural and forestal districts of local significance shallstate the criteria which shall be considered by the advisory committee andthe local planning commission in advising the local governing body and by thelocal governing body in making its decision on whether or not to create adistrict. These criteria shall be based on and consistent with the followingfactors:
1. The agricultural and forestal significance within the proposed districtand in areas adjacent thereto;
2. The presence of any significant agricultural lands or significant forestallands within the proposed district and adjacent thereto that are not now inactive farming or production;
3. The nature and extent of land uses other than active farming or forestrywithin the proposed district and adjacent thereto;
4. Local developmental patterns and needs including zoning and thecomprehensive plan;
5. The scenic and historic features of land uses within the proposed districtand adjacent thereto;
6. The environmental benefits of preserving the lands in the district intheir existing use; and
7. Any other matter which may be relevant.
In judging significance, any relevant agricultural and forest maps may beconsidered as well as soil, climate, topography, quality of tree cover, othernatural factors, markets for farm and forest products, the extent and natureof farm and forest improvements, evidence of commitment to long-term farm andforest use, anticipated trends in agricultural and forest economic conditionsand technology, and such other factors as may be relevant. Criteria forjudging the significance of lands in local agricultural and forestaldistricts to be created pursuant to this chapter may differ from those forjudging the significance of lands in statewide districts to be createdpursuant to Chapter 43 (§ 15.2-4300 et seq.).
(1982, c. 374, § 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653.)
