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VIRGINIA GENERAL ASSEMBLY NEWS

A Recap of the 2011 General Assembly Session and Your FABA Membership at Work for You

What happened & what does it mean to you?

Report prepared by FABA Legislative Chair – Bruce Reese, The Engineering Groupe

SB 1462 - Was introduced by Senator Phil Puckett and requires the Commonwealth Transportation Board to review and consider appropriate revisions to the VDOT required Traffic Impact Assessments, the Subdivision Street Acceptance Requirements (SSAR), and the VDOT Access Management Regulations for family subdivisions.  The goal here was to avoid a lengthy legislative review of those regulations and have them reviewed administratively, with a tentative completion date of January 1, 2012.  It is hoped the processes being reviewed will be streamlined.

SB 1204 - Introduced by Senator Mark Obenshain, this bill allows a court to award reasonable attorney fees, expenses, and court costs to any person or entity that successfully prevails in an action challenging an ordinance, resolution, administrative, or other action as being in conflict with the 2010 legislation enacted to temporarily delay payment of proffers until issuance of a Certificate of Occupancy.  There are several jurisdictions which are not implementing the 2010 changes, applying the postponement of proffer payments to only new rezonings, when it was clear the intent was to apply the postponement to all rezonings.  This bill could significantly reduce the risk a builder would undertake should they decide to challenge a locality regarding the proffer payment timing.

SB 1412 - This bill, introduced by Senator Steve Martin, adds 3 new members to the Virginia Soil and Water Conservation Board.  The good news is the new members are specifically to be appointed to represent the business community and "shall be knowledgeable of stormwater management and shall be representative of business and local government interests."  This helps bring a balanced business perspective to an important oversight Board that has impacts on the way we do business.

HB 2411 - Introduced by Delegate Scott Lingamfelter, this bill provides flexibility to local jurisdictions to allow projects in a bond moratorium or bond deferral to take advantage of the previously passed plan extension provisions of the 2010 legislative session.  Those counties which have bond moratorium options can now allow those plans to remain active until July 1, 2014. 

HB 1844 - This bill was introduced by Delegate Clay Athey and will require a local Zoning Administrator to give a property owner notice within 10 days when a party, other than the owner, requests an opinion from the Zoning Administrator that could bind the property owner. Without this bill, any third party could request an opinion from the Zoning Administrator about a property, and once issued, that opinion, unbeknownst to the property owner, carried the weight of a significant affirmative governmental action.  Now the property owner must be  notified of such a request within 10 days.

HB 2472 - Introduced by Delegate Charles Poindexter, this bill clarifies that specification contained in a performance agreement will be limited to those depicted on an approved plan or plat.

SB 1055 - This bill, introduced by Senator Richard Stuart prohibits, starting in 2013, the sale of lawn fertilizer in Virginia that contain phosphorus.  The implementation of this bill alone could reduce the amount of phosphorus reaching the Chesapeake Bay by 375,000 pounds annually.  With no additional burden on the development industry or the localities, nearly 40% of Virginia's phosphorus reduction goal for 2017 can be met.

SB 1206 - This bill was introduced by Mark Obenshain and very simply eliminates the need for a VDOT Chapter 527 Traffic Impact Analysis (TIA) for any by-right development.  Under current rules, VDOT can require a TIA for a by-right development if it meets any of the criteria for a TIA (i.e. adds 2,500 vehicles per day to the road system).

HB 1950 - Introduced by Delegate Ron Villanueva, this bill increases the state Livable Home Tax from $2,000 to $5,000.  This increase is in keeping with the current administration and the state home builders goal of increasing the available stock of homes in the Commonwealth which are visitable or accessible.  The tax credit is capped at $1,000,000 per year, with half dedicated to new homes and the other half dedicated to renovation of existing homes. 

Regulations of Interest

Virginia Department of Housing and Community Development (DHCD)

2003 Virginia Construction Code
July 12, 2006 Amendments (Transfer of ownership)
2003 Virginia Rehabilitation Code
2003 Virginia Maintenance Code
July 12, 2006 Amendments (Transfer of ownership)
2003 Virginia Statewide Fire Prevention Code
July 12, 2006 Amendments (Fire drills in schools)
2003 Virginia Industrialized Building Safety Regulations
2003 Virginia Amusement Device Regulations
2003 Virginia Certification Standards
2003 Virginia Manufactured Home Safety Regulations
2003 Related Laws Package
2003 Interpretation Booklet

Publication Order Form

COUNTY UPDATE

We meet bi-monthly with the planning & zoning officials for the Counties of Caroline, King George, Orange, Spotsylvania & Stafford to convey information back and forth regarding matters that we think are important to our members, that the localities need to hear and provide a venue for localities to communicate with the building industry on issues of importance like fee increases, ordinance changes or big comprehensive plan amendments that we need to be aware of.

We worked with Spotsylvania County on the issue of the special tax classification for energy efficient homes to ensure anyone who purchased/sold a home with the understanding that they would receive 5 years real estate tax exemption were grandfathered in and a new tax classification was developed.

We worked with Spotsylvania County to develop a sign ordinance that would not be detrimental to the  building & real estate industry and allows for signs that meet the agreed upon sign requirements to be displayed from noon Friday until noon on Monday.

We worked with Caroline County to delay the water/sewer tap fee increase until further studies could be conducted in an effort to find a more workable solution.

We met with the Chairman of the Boards of Supervisors in Spotsylvania & Stafford on the delayed proffer payment bill and will be scheduling regular meetings with the Chairman from each locality to keep the lines of communication open and to develop a good working relationship.

In order for FABA to be effective in protecting the rights and interests of the building industry, we must do all we can to ensure  industry friendly supervisors are elected.  This is done through our Legislative Committee and FACT PAC.  2011 and 2012 are extremely important election years.  We must aggressively support those individuals we feel will be more open to discussing issues that may have impact on the building industry.  In order to do so, we need your support of FACT PAC.  We would encourage you to consider making a pledge this year.  Just a $25 pledge (that is only about 5 cents a day) will go a long way in ensuring the right people get elected.

Residential Soils Testing Policy

COUNTY PERMIT UPDATE

For additional information about Virginia government affairs you may also visit http://www.hbav.com and http://www.statepulse.com.