A. A district may be created in a county by a resolution of the governingbody. Any such resolution shall be considered only upon the petition, to thegoverning body, of the owners of at least 51 percent of either the land areaor the assessed value of real property that (i) is within the boundaries ofthe proposed district, (ii) has been zoned for commercial or industrial useor is used for such purposes, and (iii) would be subject to the annualspecial improvement tax authorized by § 33.1-435 if the proposed district iscreated. Any proposed district within a county may include any real propertywithin a town or towns within the boundaries of such county.
B. The petition to the governing body shall:
1. Set forth the name and describe the boundaries of the proposed district;
2. Describe the transportation improvements proposed within the district;
3. Propose a plan for providing such transportation improvements within thedistrict and describe specific terms and conditions with respect to allcommercial and industrial zoning classifications and uses, densities, andcriteria related thereto that the petitioners request for the proposeddistrict;
4. Describe the benefits that can be expected from the provision of suchtransportation improvements within the district; and
5. Request the governing body to establish the proposed district for thepurposes set forth in the petition.
C. Upon the filing of such a petition, the governing body shall fix a day fora hearing on the question of whether the proposed district shall be created.The hearing shall consider whether the residents and owners of real propertywithin the proposed district would benefit from the establishment of theproposed district. All interested persons who either reside in or own taxablereal property within the proposed district shall have the right to appear andshow cause why any property or properties should not be included in theproposed district. If real property within a town is included in the proposeddistrict, a copy of the petition and notice of the public hearing shall bedelivered to the town council at least 30 days prior to the public hearing,and the town council may by resolution determine if the town council wishesany property located within the town to be included within the proposeddistrict and any such resolution shall be delivered to the governing bodyprior to the public hearing required by this section. Such resolution shallbe binding upon the governing body with respect to the inclusion or exclusionof such properties within the proposed district. If that resolution permitsany commercial or industrial property located within a town to be included inthe proposed district, then, if requested to do so by the petition, the towncouncil of any town that has adopted a zoning ordinance also shall pass aresolution, to be effective upon creation of the proposed district, that isconsistent with the requirements of the third sentence of subsection D withrespect to commercial and industrial zoning classifications that shall be inforce in that portion of the town included in the district. The petitionshall comply with the provisions of this section with respect to minimumacreage or assessed valuation. Notice of the hearing shall be given bypublication once a week for three consecutive weeks in a newspaper of generalcirculation within the locality. At least 10 days shall intervene between thethird publication and the date set for the hearing. Such public hearing maybe adjourned from time to time.
D. If the governing body finds the creation of the proposed district would bein furtherance of the county's comprehensive plan for the development of thearea; in the best interests of the residents and owners of real propertywithin the proposed district; and in furtherance of the public health,safety, and welfare, the governing body may pass a resolution, which shall bereasonably consistent with the petition, that would create the district uponfinal adoption and that would provide for the appointment of an advisoryboard in accordance with this chapter upon final adoption. Any suchresolution shall be conclusively presumed to be reasonably consistent withthe petition if, following the public hearing, as provided in the followingprovisions of this section, the petition continues to comply with theprovisions of this section with respect to the criteria relating to minimumacreage or assessed valuation. The resolution shall provide a descriptionwith specific terms and conditions of all commercial and industrial zoningclassifications that apply within the district, but not within any townwithin the district that has adopted a zoning ordinance, that shall be inforce in the district upon its creation, together with any related criteriaand a term of years, not to exceed 20 years, as to which each such zoningclassification and each related criterion set forth therein shall remain inforce within the district without elimination, reduction, or restriction,except (i) upon the written request or approval of the owner of any propertyaffected by a change, (ii) as required to comply with the provisions of theChesapeake Bay Preservation Act (§ 10.1-2100 et seq.) or the regulationsadopted pursuant thereto, (iii) as required to comply with the provisions ofthe federal Clean Water Act (33 U.S.C. § 1342(P)) and regulations promulgatedthereunder by the federal Environmental Protection Agency, or (iv) asspecifically required to comply with any other state or federal law.
A resolution creating a district shall also provide that the district shallexpire either (i) 50 years from the date upon which the resolution is passedor (ii) when the district is abolished in accordance with this chapter. Afterthe public hearing, the governing body may adopt a proposed resolutioncreating the district. No later than two business days following the adoptionof the proposed resolution, copies of the proposed resolution shall beavailable in the office of the clerk of the governing body for inspection andcopying by the petitioning landowners and their representatives, by membersof the public, and by representatives of the news media. No later than sevenbusiness days following the adoption of the proposed resolution, anypetitioning landowner may notify the clerk of the governing body in writingthat the petitioning landowner is withdrawing his signature from thepetition. Within the same seven-day period, the owner of any property in theproposed district that will be subject to the annual special improvements taxauthorized by § 33.1-435, if the proposed district is created, or theattorney-in-fact of any such owner may notify the clerk of the governing bodyin writing that he is adding his signature to the petition. The governingbody may then proceed to final adoption of the proposed resolution followingthat seven-day period. If any petitioner has withdrawn his signature from thepetition during that seven-day period, then the governing body may readoptthe proposed resolution only if the petition, including any landowners whohave added their signatures after adoption of the proposed resolution,continues to meet the provisions of this section. After the governing bodyhas readopted the resolution creating the district, the district shall beestablished and the name of the district shall be "The ............... TransportationImprovement District."
A. A district may be created in a county by a resolution of the governingbody. Any such resolution shall be considered only upon the petition, to thegoverning body, of the owners of at least 51 percent of either the land areaor the assessed value of real property that (i) is within the boundaries ofthe proposed district, (ii) has been zoned for commercial or industrial useor is used for such purposes, and (iii) would be subject to the annualspecial improvement tax authorized by § 33.1-435 if the proposed district iscreated. Any proposed district within a county may include any real propertywithin a town or towns within the boundaries of such county.
B. The petition to the governing body shall:
1. Set forth the name and describe the boundaries of the proposed district;
2. Describe the transportation improvements proposed within the district;
3. Propose a plan for providing such transportation improvements within thedistrict and describe specific terms and conditions with respect to allcommercial and industrial zoning classifications and uses, densities, andcriteria related thereto that the petitioners request for the proposeddistrict;
4. Describe the benefits that can be expected from the provision of suchtransportation improvements within the district; and
5. Request the governing body to establish the proposed district for thepurposes set forth in the petition.
C. Upon the filing of such a petition, the governing body shall fix a day fora hearing on the question of whether the proposed district shall be created.The hearing shall consider whether the residents and owners of real propertywithin the proposed district would benefit from the establishment of theproposed district. All interested persons who either reside in or own taxablereal property within the proposed district shall have the right to appear andshow cause why any property or properties should not be included in theproposed district. If real property within a town is included in the proposeddistrict, a copy of the petition and notice of the public hearing shall bedelivered to the town council at least 30 days prior to the public hearing,and the town council may by resolution determine if the town council wishesany property located within the town to be included within the proposeddistrict and any such resolution shall be delivered to the governing bodyprior to the public hearing required by this section. Such resolution shallbe binding upon the governing body with respect to the inclusion or exclusionof such properties within the proposed district. If that resolution permitsany commercial or industrial property located within a town to be included inthe proposed district, then, if requested to do so by the petition, the towncouncil of any town that has adopted a zoning ordinance also shall pass aresolution, to be effective upon creation of the proposed district, that isconsistent with the requirements of the third sentence of subsection D withrespect to commercial and industrial zoning classifications that shall be inforce in that portion of the town included in the district. The petitionshall comply with the provisions of this section with respect to minimumacreage or assessed valuation. Notice of the hearing shall be given bypublication once a week for three consecutive weeks in a newspaper of generalcirculation within the locality. At least 10 days shall intervene between thethird publication and the date set for the hearing. Such public hearing maybe adjourned from time to time.
D. If the governing body finds the creation of the proposed district would bein furtherance of the county's comprehensive plan for the development of thearea; in the best interests of the residents and owners of real propertywithin the proposed district; and in furtherance of the public health,safety, and welfare, the governing body may pass a resolution, which shall bereasonably consistent with the petition, that would create the district uponfinal adoption and that would provide for the appointment of an advisoryboard in accordance with this chapter upon final adoption. Any suchresolution shall be conclusively presumed to be reasonably consistent withthe petition if, following the public hearing, as provided in the followingprovisions of this section, the petition continues to comply with theprovisions of this section with respect to the criteria relating to minimumacreage or assessed valuation. The resolution shall provide a descriptionwith specific terms and conditions of all commercial and industrial zoningclassifications that apply within the district, but not within any townwithin the district that has adopted a zoning ordinance, that shall be inforce in the district upon its creation, together with any related criteriaand a term of years, not to exceed 20 years, as to which each such zoningclassification and each related criterion set forth therein shall remain inforce within the district without elimination, reduction, or restriction,except (i) upon the written request or approval of the owner of any propertyaffected by a change, (ii) as required to comply with the provisions of theChesapeake Bay Preservation Act (§ 10.1-2100 et seq.) or the regulationsadopted pursuant thereto, (iii) as required to comply with the provisions ofthe federal Clean Water Act (33 U.S.C. § 1342(P)) and regulations promulgatedthereunder by the federal Environmental Protection Agency, or (iv) asspecifically required to comply with any other state or federal law.
A resolution creating a district shall also provide that the district shallexpire either (i) 50 years from the date upon which the resolution is passedor (ii) when the district is abolished in accordance with this chapter. Afterthe public hearing, the governing body may adopt a proposed resolutioncreating the district. No later than two business days following the adoptionof the proposed resolution, copies of the proposed resolution shall beavailable in the office of the clerk of the governing body for inspection andcopying by the petitioning landowners and their representatives, by membersof the public, and by representatives of the news media. No later than sevenbusiness days following the adoption of the proposed resolution, anypetitioning landowner may notify the clerk of the governing body in writingthat the petitioning landowner is withdrawing his signature from thepetition. Within the same seven-day period, the owner of any property in theproposed district that will be subject to the annual special improvements taxauthorized by § 33.1-435, if the proposed district is created, or theattorney-in-fact of any such owner may notify the clerk of the governing bodyin writing that he is adding his signature to the petition. The governingbody may then proceed to final adoption of the proposed resolution followingthat seven-day period. If any petitioner has withdrawn his signature from thepetition during that seven-day period, then the governing body may readoptthe proposed resolution only if the petition, including any landowners whohave added their signatures after adoption of the proposed resolution,continues to meet the provisions of this section. After the governing bodyhas readopted the resolution creating the district, the district shall beestablished and the name of the district shall be "The ............... TransportationImprovement District."
A. A district may be created in a county by a resolution of the governingbody. Any such resolution shall be considered only upon the petition, to thegoverning body, of the owners of at least 51 percent of either the land areaor the assessed value of real property that (i) is within the boundaries ofthe proposed district, (ii) has been zoned for commercial or industrial useor is used for such purposes, and (iii) would be subject to the annualspecial improvement tax authorized by § 33.1-435 if the proposed district iscreated. Any proposed district within a county may include any real propertywithin a town or towns within the boundaries of such county.
B. The petition to the governing body shall:
1. Set forth the name and describe the boundaries of the proposed district;
2. Describe the transportation improvements proposed within the district;
3. Propose a plan for providing such transportation improvements within thedistrict and describe specific terms and conditions with respect to allcommercial and industrial zoning classifications and uses, densities, andcriteria related thereto that the petitioners request for the proposeddistrict;
4. Describe the benefits that can be expected from the provision of suchtransportation improvements within the district; and
5. Request the governing body to establish the proposed district for thepurposes set forth in the petition.
C. Upon the filing of such a petition, the governing body shall fix a day fora hearing on the question of whether the proposed district shall be created.The hearing shall consider whether the residents and owners of real propertywithin the proposed district would benefit from the establishment of theproposed district. All interested persons who either reside in or own taxablereal property within the proposed district shall have the right to appear andshow cause why any property or properties should not be included in theproposed district. If real property within a town is included in the proposeddistrict, a copy of the petition and notice of the public hearing shall bedelivered to the town council at least 30 days prior to the public hearing,and the town council may by resolution determine if the town council wishesany property located within the town to be included within the proposeddistrict and any such resolution shall be delivered to the governing bodyprior to the public hearing required by this section. Such resolution shallbe binding upon the governing body with respect to the inclusion or exclusionof such properties within the proposed district. If that resolution permitsany commercial or industrial property located within a town to be included inthe proposed district, then, if requested to do so by the petition, the towncouncil of any town that has adopted a zoning ordinance also shall pass aresolution, to be effective upon creation of the proposed district, that isconsistent with the requirements of the third sentence of subsection D withrespect to commercial and industrial zoning classifications that shall be inforce in that portion of the town included in the district. The petitionshall comply with the provisions of this section with respect to minimumacreage or assessed valuation. Notice of the hearing shall be given bypublication once a week for three consecutive weeks in a newspaper of generalcirculation within the locality. At least 10 days shall intervene between thethird publication and the date set for the hearing. Such public hearing maybe adjourned from time to time.
D. If the governing body finds the creation of the proposed district would bein furtherance of the county's comprehensive plan for the development of thearea; in the best interests of the residents and owners of real propertywithin the proposed district; and in furtherance of the public health,safety, and welfare, the governing body may pass a resolution, which shall bereasonably consistent with the petition, that would create the district uponfinal adoption and that would provide for the appointment of an advisoryboard in accordance with this chapter upon final adoption. Any suchresolution shall be conclusively presumed to be reasonably consistent withthe petition if, following the public hearing, as provided in the followingprovisions of this section, the petition continues to comply with theprovisions of this section with respect to the criteria relating to minimumacreage or assessed valuation. The resolution shall provide a descriptionwith specific terms and conditions of all commercial and industrial zoningclassifications that apply within the district, but not within any townwithin the district that has adopted a zoning ordinance, that shall be inforce in the district upon its creation, together with any related criteriaand a term of years, not to exceed 20 years, as to which each such zoningclassification and each related criterion set forth therein shall remain inforce within the district without elimination, reduction, or restriction,except (i) upon the written request or approval of the owner of any propertyaffected by a change, (ii) as required to comply with the provisions of theChesapeake Bay Preservation Act (§ 10.1-2100 et seq.) or the regulationsadopted pursuant thereto, (iii) as required to comply with the provisions ofthe federal Clean Water Act (33 U.S.C. § 1342(P)) and regulations promulgatedthereunder by the federal Environmental Protection Agency, or (iv) asspecifically required to comply with any other state or federal law.
A resolution creating a district shall also provide that the district shallexpire either (i) 50 years from the date upon which the resolution is passedor (ii) when the district is abolished in accordance with this chapter. Afterthe public hearing, the governing body may adopt a proposed resolutioncreating the district. No later than two business days following the adoptionof the proposed resolution, copies of the proposed resolution shall beavailable in the office of the clerk of the governing body for inspection andcopying by the petitioning landowners and their representatives, by membersof the public, and by representatives of the news media. No later than sevenbusiness days following the adoption of the proposed resolution, anypetitioning landowner may notify the clerk of the governing body in writingthat the petitioning landowner is withdrawing his signature from thepetition. Within the same seven-day period, the owner of any property in theproposed district that will be subject to the annual special improvements taxauthorized by § 33.1-435, if the proposed district is created, or theattorney-in-fact of any such owner may notify the clerk of the governing bodyin writing that he is adding his signature to the petition. The governingbody may then proceed to final adoption of the proposed resolution followingthat seven-day period. If any petitioner has withdrawn his signature from thepetition during that seven-day period, then the governing body may readoptthe proposed resolution only if the petition, including any landowners whohave added their signatures after adoption of the proposed resolution,continues to meet the provisions of this section. After the governing bodyhas readopted the resolution creating the district, the district shall beestablished and the name of the district shall be "The ............... TransportationImprovement District."
