15.2-2209.1 - Extension of approvals to address housing crisis.
§ 15.2-2209.1. Extension of approvals to address housing crisis.
A. Notwithstanding the time limits for validity set out in § 15.2-2260 or15.2-2261, or the provisions of subsection F of § 15.2-2260, any subdivisionplat valid under § 15.2-2260 and outstanding as of January 1, 2009, and anyrecorded plat or final site plan valid under § 15.2-2261 and outstanding asof January 1, 2009, shall remain valid until July 1, 2014, or such later dateprovided for by the terms of the locality's approval, local ordinance,resolution or regulation, or for a longer period as agreed to by thelocality. Any other plan or permit associated with such plat or site planextended by this subsection shall likewise be extended for the same timeperiod.
B. Notwithstanding any other provision of this chapter, for any valid specialexception, special use permit, or conditional use permit outstanding as ofJanuary 1, 2009, and related to new residential or commercial development,any deadline in the exception permit, or in the local zoning ordinance thatrequires the landowner or developer to commence the project or to incursignificant expenses related to improvements for the project within a certaintime, shall be extended until July 1, 2014, or longer as agreed to by thelocality. The provisions of this subsection shall not apply to anyrequirement that a use authorized pursuant to a special exception, specialuse permit, conditional use permit, or other agreement or zoning action beterminated or ended by a certain date or within a set number of years.
C. Notwithstanding any other provision of this chapter, for any rezoningaction approved pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303, valid andoutstanding as of January 1, 2009, and related to new residential orcommercial development, any proffered condition that requires the landowneror developer to incur significant expenses upon an event related to a stageor level of development shall be extended until July 1, 2014, or longer asagreed to by the locality. However, the extensions in this subsection shallnot apply (i) to land or right-of-way dedications pursuant to § 15.2-2297,15.2-2298, or 15.2-2303, (ii) when completion of the event related to thestage or level of development has occurred, or (iii) to events required tooccur on a specified date certain or within a specified time period. Anyproffered condition included in a special exception, special use permit, orconditional use permit shall only be extended if it satisfies the provisionsof this subsection.
D. The extension of validity provided in subsection A and the extension ofcertain deadlines as provided in subsection B shall not be effective unlessany performance bonds and agreements or other financial guarantees ofcompletion of public improvements in or associated with the proposeddevelopment are continued in force.
(2009, c. 196.)