15.2-5158 - Additional powers of community development authorities.
§ 15.2-5158. Additional powers of community development authorities.
A. Each community development authority created under this article, inaddition to the powers provided in Article 3 (§ 15.2-5110 et seq.) of Chapter51 of this title, may:
1. Subject to any statutory or regulatory jurisdiction and permittingauthority of all applicable governmental bodies and agencies having authoritywith respect to any area included therein, finance, fund, plan, establish,acquire, construct or reconstruct, enlarge, extend, equip, operate, andmaintain the infrastructure improvements enumerated in the ordinance orresolution establishing the district, as necessary or desirable fordevelopment or redevelopment within or affecting the district or to meet theincreased demands placed upon the locality as a result of development orredevelopment within or affecting the district, including, but not limited to:
a. Roads, bridges, parking facilities, curbs, gutters, sidewalks, trafficsignals, storm water management and retention systems, gas and electric linesand street lights within or serving the district which meet or exceed thespecifications of the locality in which the roads are located.
b. Parks and facilities for indoor and outdoor recreational, cultural andeducational uses; entrance areas; security facilities; fencing andlandscaping improvements throughout the district.
c. Fire prevention and control systems, including fire stations, water mainsand plugs, fire trucks, rescue vehicles and other vehicles and equipment.
d. School buildings and related structures, which may be leased, sold ordonated to the school district, for use in the educational system whenauthorized by the local governing body and the school board.
e. Infrastructure and recreational facilities for age-restricted active adultcommunities, and any other necessary infrastructure improvements as providedabove, with a minimum population approved under local zoning laws of 1,000residents. Such development may include security facilities and systems ormeasures which control or restrict access to such community and itsimprovements.
2. Issue revenue bonds of the development authority as provided in §15.2-5125, including but not limited to refunding bonds, subject to suchlimitation in amount, and terms and conditions regarding capitalizedinterest, reserve funds, contingent funds, and investment restrictions, asmay be established in the ordinance or resolution establishing the district,for all costs associated with the improvements enumerated in subdivision 1 ofthis subsection. Such revenue bonds shall be payable solely from revenuesreceived by the development authority. The revenue bonds issued by adevelopment authority shall not require the consent of the locality, exceptwhere consent is specifically required by the provisions of the resolutionauthorizing the collection of revenues and/or the trust agreement securingthe same, and shall not be deemed to constitute a debt, liability, orobligation of any other political subdivision, and shall not impact upon thedebt capacity of any other political subdivision.
3. Request annually that the locality levy and collect a special tax ontaxable real property within the development authority's jurisdiction tofinance the services and facilities provided by the authority.Notwithstanding the provisions of Article 4 (§ 58.1-3229 et seq.) of Chapter32 of Title 58.1, any such special tax imposed by the locality shall belevied upon the assessed fair market value of the taxable real property.Unless requested by every property owner within the proposed district, therate of the special tax shall not be more than $.25 per $100 of the assessedfair market value of any taxable real estate or the assessable value oftaxable leasehold property as specified by § 58.1-3203. The special taxesshall be collected at the same time and in the same manner as the locality'staxes are collected, and the proceeds shall be kept in a separate account andbe used only for the purposes provided in this chapter. All revenues receivedby the locality from such special tax shall be paid over to the developmentauthority for its use pursuant to this chapter subject to annualappropriation. No other funds of the locality shall be loaned or paid to thedevelopment authority without the prior approval of the local governing body.
4. Provide special services, including: garbage and trash removal anddisposal, street cleaning, snow removal, extra security personnel andequipment, recreational management and supervision, and grounds keeping.
5. Finance the services and facilities it provides to abutting propertywithin the district by special assessment thereon imposed by the localgoverning body. All assessments pursuant to this section shall be subject tothe laws pertaining to assessments under Article 2 (§ 15.2-2404 et seq.) ofChapter 24; provided that any other provision of law notwithstanding, (i) thetaxes or assessments shall not exceed the full cost of the improvements,including without limitation the legal, financial and other directlyattributable costs of creating the district and the planning, designing,operating and financing of the improvements which include administration ofthe collection and payment of the assessments and reserve funds permitted byapplicable law; (ii) the taxes or assessments may be imposed upon abuttingland which is later subdivided in accordance with the terms of the ordinanceforming the district, in amounts which do not exceed the peculiar benefits ofthe improvements to the abutting land as subdivided; and (iii) the taxes orassessments may be made subject to installment payments for up to 40 years inan amount calculated to cover principal, interest and administrative costs inconnection with any financing by the authority, without a penalty forprepayment. Notwithstanding any other provision of law, any assessments madepursuant to this section may be made effective as a lien upon a specifieddate, by ordinance, but such assessments may not thereafter be modified in amanner inconsistent with the terms of the debt instruments financing theimprovements. All assessments pursuant to this section may also be madesubject to installment payments and other provisions allowed for localassessments under this section or under Article 2 of Chapter 24. All revenuesreceived by the locality pursuant to any such special assessments which thelocality elects to impose upon request of the development authority shall bepaid over to the development authority for its use under this chapter,subject to annual appropriation, and may be used for no other purposes.
6. Fix, charge, and collect rates, fees, and charges for the use of, or thebenefit derived from, the services and/or facilities provided, owned,operated, or financed by the authority benefiting property within thedistrict. Such rates, fees, and charges may be charged to and collected bysuch persons and in such manner as the authority may determine from (i) anyperson contracting for the services or using the facilities and/or (ii) theowners, tenants, or customers of the real estate and improvements that areserved by, or benefit from the use of, any such services or facilities, insuch manner as shall be authorized by the authority in connection with theprovision of such services or facilities.
7. Purchase development rights that will be dedicated as easements forconservation, open space or other purposes pursuant to the Open-Space LandAct (§ 10.1-1700 et seq.). For purposes of this subdivision, "developmentrights" means the level and quantity of development permitted by the zoningordinance expressed in terms of housing units per acre, floor area ratio orequivalent local measure. An authority shall not use the power ofcondemnation to acquire development rights.
8. Subject to any statutory or regulatory jurisdiction and permittingauthority of all applicable governmental bodies and agencies having authoritywith respect to any area included therein, finance and fund the acquisitionof land within the district. All financing authority and methods provided bysubsections 2, 3, 4, 5, 6, and 7 shall be permitted for the acquisition ofland as provided herein.
B. Nothing contained in this chapter shall relieve the local governing bodyof its general obligations to provide services and facilities to the districtto the same extent as would otherwise be provided were the district notformed.
(1993, c. 850, § 15.1-1250.03; 1995, c. 402; 1997, cc. 363, 587; 2000, cc.724, 747; 2004, c. 637; 2005, c. 547; 2009, c. 473.)